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Res No 136-10-13170 Children's Trust ContractOfficers /Executive Committee Maria A. Alonso October 6, 2010 Chair Chet J. Zerlin u Vice Chair Dr. Josee Gregoire Secretary Hector Mirabile Hon. Isaac Salver Treasurer City Manager City of South Miami Isabel Afanador, Chair 6130 Sunset Drive Program Services South Miami, Florida 33143 Dr. Rosa Martin, Chair Childhood Health and Development RE: Out -Of- School Programs Dr, Gina Cortes- Suarez, Chair Contracts # 1010 -5670 Human Resources Hon. Barbara Jordan, At -Large Dr. Miguel Balsera, At -Large Dear Dr. Mirabile: David Williams Jr., At -Large Enclosed is the executed Out -of- School contract for your records. If The Board of Directors you need any further assistance please do not hesitate to contact me Yvette Aleman at your earliest convenience via email at donald @thechildrentust.org Karen Aronowitz or by telephone to 305 -571 -5700 ext. 255. Donald I. Bierman George M. Burgess We appreciate your commitment and look forward to continuing to Alberto M. Carvalho Jacqui Colyer work with you and your agency in providing much need services to Bill Diggs the families and children of this community. Carolyn Donaldson Dr. Thresia B. Gambon Respectfully, Luis A. Gazitua Benjamin F. Gilbert, Dr. Nora Hernandez_ H Hendrix �. Antoinette 7G Hill Dr. Martin Karp Donald P. LOUtSCh Pamela Lillard Carolyn Y. Nelson - Goedert Contract Manager Dr. William E. Pelham Sheila Plana Hon. Orlando A. Prescott Dr. Isaac Prilleltensky Rep. Julio Robaina Attachment Evelio Torres David Lawrence Jr. Founding Chair Modesto E. Abety President & CEO County Attorney's Office Legal Counsel 3150 SW 3rd Avenue, 8d' Floor, Miami, Florida 33129 • Tel: 305- 571 -5700 / Fax: 305 -857 -9592• www.thechildrenstrust.oro FY 2010 -2011 CONTRACT NO. 1010 -5670 BETWEEN THE CHILDREN'S TRUST AND CITY OF SOUTH MIAMI FOR OUT -OF- SCHOOL FY 2010 -2011 THIS CONTRACT, between The Children's Trust whose address is 3150 S.W. 3rd Avenue, 8th Floor, Miami, Florida 33129 and City of South Miami hereafter "Provider" whose address is 6130 Sunset Drive, South Miami, Florida 33143, states the conditions and covenants for the rendering of services to children and families for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and Provider (sometimes hereafter referred to as "Parties ") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1, 2010 through July 31, 2011, subject to funding availability and Provider's performance. B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with the acknowledgement of Provider. In considering the exercise of any contract renewal, and in accordance with the Request for Proposal (RFP) and Board authorization, renewal may not exceed a term equal to the term of the initial contract for a total maximum of three (3) terms. The Children's Trust in its sole discretion will consider, but is not limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded. 3. Program performance, fiscal performance, and compliance by Provider that is deemed satisfactory in The Children's Trust's sole discretion. 4. The availability of funds. The Children's Trust is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the contract. S. If applicable, The Children's Trust in its sole discretion will initiate re- negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES Provider agrees to render services in accordance with the Scope of Services, Attachment A, hereafter "Services ", to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. The Services' activities and performance measures, as well as complete and accurate data and programming information will be used in the evaluation of Provider's overall performance. Provider agrees that all funding provided by The Children's Trust, pursuant to this Contract will be used exclusively for services in and for the benefit of Miami -Dade County residents. L7■ui�YT_�3l7il�i�� Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $112,585.00. The Parties agree that should available funding to The Children's Trust be reduced, the amount payable under this Contract will be reduced at the sole option City of South Miami Page I of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 of The Children's Trust. Provider agrees to adhere to Other Fiscal Requirements, Budget and Method of Payment outlined in Attachment B to this Contract. E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by and currently available from local and state funding sources for the same purpose. A violation of this section shall be considered a material breach of this Contract. 3. Capital Equipment Capital equipment is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 69I- 73.001, and is defined as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in this Contract (see Section K. Insurance). Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be returned to The Children's Trust unless it is fully depreciated. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system if the capital equipment is fully depreciated and in the possession of Provider. Provider can purchase the equipment at the depreciated cost with the approval of The Children's Trust. If capital equipment is not purchased by Provider prior to the equipment being fully depreciated, Provider must return such capital equipment to The Children's Trust before submission of the final invoice. In the event that property of The Children's Trust is either damaged, lost, or stolen, while in Provider's possession, Provider is to perform the following: a) within 5 business days provide written notification to The Children's Trust contract manager that the capital equipment has been either damaged, lost or stolen; b) provide a police report for lost or stolen items; or provide a written statement as to how the capital equipment was damaged; and c) reimburse The Children's Trust for the value, as determined by The Children's Trust of the capital equipment. 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. In any subcontract, Provider shall incorporate appropriate language from this contract into each subcontract and shall require each subcontractor providing services to be governed by the terms and conditions of this contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract, within 30 days of its execution. All sub - contractors of Provider must agree to be monitored by Provider and /or on behalf of The Children's Trust in the same manner as Provider under the terms of this contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about contract, program, and /or fiscal issues. Provider waives any and all claims, demands, and /or legal action based upon any such communications. City of South Miami Page 2 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Provider shall be responsible for all Services performed, and all expenses incurred, under this Contract, including services provided and expenses incurred by any and all subcontractors. The Children's Trust shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract, and Provider shall be solely liable under any subcontract. Provider shall hold harmless and defend, at Provider's expense, The Children's Trust against any claims, demands or actions related to any subcontract. The Children's Trust shall not provide funds to any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the Provider. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust reserves the right to require verification from Provider and /or subcontractor of payment due for satisfactory work performed by the subcontractor. Provider and any Subcontractor must be currently qualified to do business in the State of Florida at the time that a subcontractor agreement is entered into and services are rendered. 5. Religious Purposes Providers and /or their faith -based community partners shall not use any funds provided under this Contract to support any inherently religious activities, including but not limited to, any religious instruction, worship, prose lytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds under this Contract, or any other funds provided by The Children's Trust, for any legal fees, or for any action or proceeding against The Children's Trust, its agents, employees or officials. Any such use by Provider shall be a material breach of this Contract. F. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. 2. All Other Providers Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or sub City of South Miami Page 3 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions. To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The Children's Trust or its officers, employees, agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA /MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data /materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in Provider or with any applicable third party who has licensed or otherwise permitted Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY This Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes, Provider retains sole ownership of intellectual property developed under this Contract. Provider is responsible for payment of required licensing fees if intellectual property owned by other parties is incorporated by Provider into the services required under this Contract. Such licensing should be in the exclusive name of Provider. Payment for any licensing fees or costs arising from the use of others' intellectual property shall be at the sole expense of Provider. As applicable for The Children's Trust under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract if Provider through action or omission causes any of the following: a. Fails to comply with Background Screening, as required under this Contract. b. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; c. Fails to correct an imminent safety concern or take acceptable corrective action; d. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; City of South Miami Page 4 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 e. Does not furnish and maintain the certificates of insurance required by this Contract or as determined by The Children's Trust; f. Does not meet or satisfy the conditions of award required by this Contract; g. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports; h. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; L Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data; j. Fails to comply with child abuse and incident reporting requirements; k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; I. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract; Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 2. Remedies If Provider fails to cure any breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with Provider to cure any breach of this Contract as may be permissible under state or federal law. (Attachment F, if applicable). Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider of such suspension and specifying the effective date of suspension, at least five business days before the effective date of suspension. On the effective date of suspension Provider may (but shall not be obligated to) continue to perform the Services in this Contract, but Provider shall promptly cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and /or for deliverables that were substantially completed at the sole discretion of The Children's Trust, prior to the effective date of such suspension. If payments are suspended, The Children's Trust must specify in writing the actions that must be taken by Provider as condition precedent to resumption of any payments and shall specify a reasonable date for Provider's compliance. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and /or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such suspension. Provider shall be responsible for all direct and indirect costs associated with such suspension including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the City of South Miami Page 5 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 effective date of termination. In the event of such termination, The Children's Trust may (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by Provider with Trust funds under this Contract subject to the rights of Provider as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for services that were performed and /or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and /or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which must be at least five business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and /or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney's fees. d. The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees through conclusion of all appellate proceedings, and including any final settlement or judgment. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. 3. TERMINATION BY EITHER PARTY The parties agree that this Contract may be terminated by either party by written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. I'VE 4 FYnt7el 0 Caz 7x•1I)f- uzid.i "iC: Provider shall have Provider's insurance agent(s) provide to The Children's Trust within 30 days of contract execution, Certificates of Insurance or, if applicable, 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 must comply with this requirement; failure to comply is a material breach of this Contract. The Children's Trust shall be named as an additional insured as their interest may appear on all applicable policies, and all applicable policies shall be maintained in full force and effect for the term of this Contract. The Children's Trust will not disburse any funds until The Children's Trust is provided with the necessary Certificates of Insurance or letter of self- insurance and The Children's Trust has approved such documents. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance covering all employees, non - incorporated independent contractors or consultants, and incorporated independent contractors or consultants that do not have worker's compensation coverage or a valid State of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. In the event that the City of South Miami Page 6 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Provider is no longer exempt from obtaining Worker's Compensation insurance, the Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. The employer's liability portion will be $500,000 /$500,000 /$500,000 as a minimum. 2. Comprehensive General Liability insurance, to include sexual molestation, in an amount not less than $500,000 combined single limit per occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $1,000 are discouraged, unless Provider can provide financials to support a higher deductible. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. The general liability policy must contain coverage for the following: a. Bodily Injury; b. Property Damage; c. No exclusions for Abuse, Molestation or Corporal Punishment; d. No endorsement for premises only operations. 3. Automobile liability coverage for all owned and /or leased vehicles of Provider and non -owned coverage for their employees and /or sub - contractors and transportation companies transporting program participants. The amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. 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 their employees and /or sub - contractors not transporting program participants. The minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage when the cost is prohibitive for hired automobile coverage such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. 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 Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust but not less than $250,000 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. The Children's Trust is not required to be named as an Additional Insured. Professional liability insurance is generally required when the scope of services uses professional services that require certification or license(s) to provide direct services to program participants. Proof of Property Coverage is required when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider or such capital equipment is returned to The Children's Trust. City of South Miami Page 7 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3'a Avenue, 8t" Floor Miami, Florida 33129 Classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than 'Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date except for ten (10) days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. In the event that an insurance policy is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from Provider until a new Certificate of Insurance required under this section is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. L. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust. • The Internal Revenue Service (I.R.S.) tax status determination letter; • The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after Provider's fiscal year end or other appropriate filing period permitted by law; • If required by applicable law to be filed by Provider, IRS 941 - quarterly federal tax return reports within thirty -five (35) calendar days after the quarter ends and if applicable, state and federal unemployment tax filings and if the 941 and unemployment tax filings reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent to the addresses for each Party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its President /CEO. It is each Party's responsibility to advise the other Party in writing of any changes in City of South Miami Page 8 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 responsible personnel for accepting Notices under this Contract; mailing address, and /or telephone number. N. AUTONOMY The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING The provisions of this section shall survive the expiration or termination of this Contract, consistent with Florida laws. 1. Accounting records Provider shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by Provider for not less than five years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. However, if any audit, claim, litigation, negotiation or other action involving this Contract or modification hereto has commenced before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular retention period, which ever is later. 2. Financial audit and program specific audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual Financial Audit, performed by an independent certified audit firm that is registered to do business with the Florida State Department of Business Regulation, of all its corporate activities and any accompanying management letter(s) or report(s) on other matters related to internal control, for each year during which this Contract remains in force and until all funds expended from this Contract have been audited. If no management letter or report or other matters related to internal control is prepared by the independent audit firm, Provider must confirm in writing to The Children's Trust that no such report was submitted to Provider. This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. Providers that are required to have a single audit conducted under OMB Circular A -133, Audit of States, Local Government and Non - Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan. In the event that the independent auditor does not disclose audit findings, Provider shall submit written notification to The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. Within 180 days of the close of its fiscal year, a Provider who is contracted for a combined total of $300,000 or more from The Children's Trust from this or any other The Children's Trust contract(s), related to the fiscal year under audit, Provider agrees to have a program- specific audit relating to The Children's Trust contract(s), in addition to the annual financial audit. This program- specific audit is to encompass an audit of The Children's Trust contract(s) as specified in Attachment D: Program Specific Audit Requirements. A provider that does not meet the program- specific audit threshold requirement will be exempt from the program- specific audit requirement in the fiscal year that the audit threshold is not met. Audit extensions may be granted in writing by The Children's Trust after proper approval has been obtained from The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by Provider. A copy of the engagement letter, along with the audit completion date and any concerns from the auditing firm in relation to the audit, must accompany the request. Approved extension requests allow for the continuation of payment until such time that the extension expires. City of South Miami Page 9 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 The financial audit and other financial information will be used in the evaluation of Provider's performance and Provider's overall fiscal health. 3. Access to records Provider shall provide access to all records including subcontractor(s) which relate to this Contract at its place of business during regular business hours. Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children's Trust to insure compliance with applicable accounting, financial, and programmatic standards. This would include access by The Children's Trust or its designee, to Provider's independent auditor's working papers for complying with federal, state and local requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosing at The Children's Trust's expense. 4. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled and /or unscheduled monitorings, reviews, and evaluations of the program which is the subject of this Contract, including any subcontracts under this Contract, using The Children's Trust approved monitoring tools. The Children's Trust or contracted agents shall monitor both fiscal /administrative and programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal /administrative review and other techniques deemed reasonably necessary in The Children's Trust's sole discretion to fulfill the monitoring function. A report of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in the report. S. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child participants of funded programs and services for the following purposes: (a) to research, track and measure the impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs and services for the future (individual identifying information will not be disclosed); (b) to identify and match individuals and data within and among various systems and other agencies for research purposes. The Children's Trust does not collect social security numbers for adult participants. Provider shall maintain a separate file for each child /family served. This file shall include all pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment information (including parent registration consents and child demographics), service plans (as applicable), outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the monitoring /review and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by Provider for not less than five calendar years after the participant is no longer enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation/ Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidentiality requirements: (1) personnel files of employees which include hiring records, background screening affidavits, job descriptions, verification of education, and evaluation procedures; (2) authorized time sheets, records, and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules; (5) pre and post session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Service provision as described in Attachment A and as required by this Contract; all upon request by The Children's Trust. Provider shall retain all records for not less than five years beyond the last date that all applicable terms of this Contract have been complied with and final payment has been received, and appropriate audits have been submitted to and accepted by the appropriate entity. City of South Miami Page 10 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 7. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination or publication of confidential information as each party uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. Provider shall specifically require all sub - contractors to comply with this paragraph. 8. Security Obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using in the performance of this Contract. This includes, but is not limited to, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider. 9. Withholding of payment At the sole discretion of The Children's Trust, payment may be withheld for non - compliance of contractual terms. The Children's Trust will provide payment upon satisfactory compliance of the contractual terms as solely determined by The Children's Trust. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Q. GOVERNING LAW & VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. R. BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted for those agencies that already conduct business with either the Department of Children and Families (DCF) or the Department of Juvenile Justice (DJJ) or the Miami Dade County Public School System (MDCPS). A clearance letter from MDCPS Office of Employment Standards indicating the person has successfully completed a Level 2 screening will be accepted. If background screenings are completed with VECHS, then Provider shall complete an Attachment E: "Affidavit for Level 2 Background Screenings" each for contract term. The Affidavit will cover City of South Miami Page 11 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 employees, volunteers, or subcontractors performing services under this contract who are required to complete a Level 2 background screening as defined in this section. Provider shall keep Attachment E: "Affidavit for Level 2 Background Screenings" in Provider's personnel, volunteers, and /or sub - contractors files. An Attestation or Affidavit of Good Moral Character, as applicable, must be completed annually for each employee, volunteer, and subcontracted personnel who work in direct contact with children. Provider shall re- screen each employee, volunteer and /or subcontractor every five years. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by Provider. T. REGULATORY COMPLIANCE 1. Non - discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of Provider on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that it has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ( "County Code "), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which. prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty -six (36) months from the date of being placed City of South Miami Page 12 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, www.miamidade.clov /ethics /library /Ethics- Brochure- 2005.odf and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder.. 4. Compliance with Sarbanes -Oxley Act of 2002 Provider shall comply with the following provisions of the Sarbanes -Oxley Act of 2002: Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. • Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. S. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, certifications, approvals, insurances, permits and accreditations, required by the State of Florida, Miami -Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the State of Florida both prior to and during the contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child, injury of a participant, missing child or abandoned child, loss of property use for the program, or destruction of property used in the program. Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number (1- 800 -96- ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both Provider and its employees. Provider shall notify the contract manager of any incident as defined within three (3) days after Provider is informed of such incident. Provider shall provide written notification of the incident together with a copy of the incident report. The report must contain the following: (1)Name of reporter (person giving the notice) (2) Name and address of victim and guardian (3) Phone number where the reporter can be contacted (4) Date, time, and location of incident (5) Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) days, of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone arising out of the performance of this Contract and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall provide City of South Miami Page 13 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 written notification to The Children's Trust, within seven (7) business days, if any legal action which is filed as a result of such an alleged incident. S. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of its policies including but not limited to confidentiality, incident reporting, sexual harassment, non - discrimination, equal opportunity and /or affirmative action, Americans with Disabilities Act, and drug-free workplace. U. CONSENT Provider must obtain parental /legal guardian consent for all minor participants to participate and /or for adult participants in the program for services; and to share information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph forma The form is available in English, Spanish, and Creole and can be downloaded from www.thechildrenstrust.org. The signed consent form for photography will be maintained at the program site, with a copy filed in the participant's record. The consent shall be part of the participants' registration form, and signed by parent /guardian before services commence or assessments are administered. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C to this contract, Programmatic Data and Reporting Requirements, subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachment C. Provider must participate and provide agency (agency profile) and site(s) information to Switchboard of Miami 2 -1 -1, The Children's Trust 24 hour helpline, as applicable and as defined in Attachment C: Programmatic Data Reporting Requirements. W. PUBLICITY Provider agrees that activities, services and events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official Children's Trust logo is permissible. Provider shall use its best efforts to ensure that all media representatives, when inquiring with Provider about the activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall, if it possesses the appropriate technology, provide a link between the website and The Children's Trust's website. X. PUBLICATIONS Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in connection with implementation of programs addressed by this Contract. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The City of South Miami Page 14 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008-01 Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public: English: City of South Miami is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Espanol: City of South Miami esta financiado por El Fidecomiso de los Ninos (The Children's Trust). El Fidecomiso de los Ninos es una fuente de financiacibn, establecida por referendum para mejorar las vidas de ninos y familias en el Condado de Miami -Dade. Kreyol: City of South Miami finanse pa "The Children's Trust ". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' II investi byen nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Myami Dade. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." Y. HEADINGS, USE OF SINGULAR AND GENDER Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of South Miami Page 15 of 50 Contract #1010-5670, Resolution 2010 -62 RFP #2008 -01 Z. TOTALITY OF CONTRACT /SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget, and Method of Payment Attachment C: Programmatic Data and Reporting Requirements Attachment D: Program Specific Audit Requirements Attachment E: Affidavit for Level 2 Background Screenings, if applicable Attachment F: Performance Improvement Plan, if applicable No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. City of South Miami MIAMI -DADE COUNTY, FLORIDA Provider Federal I 59600 431� By: � (Signature of Au horized Representative) hleeTre2 kli)2� Ie �h•l�- Type or Print Name C lk/ MAei'q 6C;e (Type /Print Title) Date: '1160110 THE CHILDREN'S TRUST by: Modesto E. Abety President � and CEO Date( S G Approve as form an g sufficiency Date: Wd(%U County Attorney This contract is not valid until signed by both parties City of South Miami Page 16 of 50 Contract #1010 -5670, Resolution 2010 -62 ATTACHMENT A: City of South Miami Page 17 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Attachment A Out -of- School Scope of Services Contract No. 1010 -5670 Agency Name: City of South Miami Program Name: After School and Summer Camp 1. Program Summary: The City of South Miami and its After School House & Summer Camp Programs provides students within the city limits and its surrounding communities between the ages of 5 to 18 a safe environment to increase their educational and social skills in a fun - filled setting. Physical activity, nutrition and family enrichment will also allow for enhanced, fully inclusive, and high - quality programs. The program focuses heavily on literacy and improved academic output of all its participants while working towards growth of each individual involved. The target population consists primarily of children who come from single- parent homes residing within the South Miami CRA and its immediately neighboring communities. 2. Contracted Services: The Children's Trust expects that Provider will serve children with disabilities and will work with the All Children Together Resource Network (ACT) to develop and implement appropriate accommodations. 3. Performance Measures: Quantity — "How much will we do ?" AFTER - SCHOOL— August 23, 2010 to June 10, 2011 39 weeks unless otherwise noted City of South Miami Page 18 of 50 Contract #1010 -5670, Resolution 2010 -62 Ater 54ir2`01011 . ` ::Su�mtnia�rr Number of slots to be filled GP:63 GP: 100 daily: y WD: 5 CWD: 5 Total:68 Total: 105 The Children's Trust expects that Provider will serve children with disabilities and will work with the All Children Together Resource Network (ACT) to develop and implement appropriate accommodations. 3. Performance Measures: Quantity — "How much will we do ?" AFTER - SCHOOL— August 23, 2010 to June 10, 2011 39 weeks unless otherwise noted City of South Miami Page 18 of 50 Contract #1010 -5670, Resolution 2010 -62 0_1 "5`� S v"•'»r`{� .Sx v., u.`N..Rr£'�L '2t 1-'+�~cF ^a^r fit,}, b-.!, `Y''^}Z''^` J:gy`. "2"i..v. 1 y �77nyo r�gi lri ap�elg�8ur� Usty�tiynIi1dA s %vi �- �e^ Nk` Sw^�" -'Rx', � a z�%Uri7Pfa Homework Assistance: will be offered daily Monday through Thursday 4 times /wk (Fridays as needed) when school is in session. for 30 min Per day.....__... Additional Academic Activities: Thinking Skills Instruction will teach 5 times /wk participants critical thinking and IQ building exercises, deductive for 1/hr reasoning skills, problem solving skills .creative._thmking. per day Field Trips: The University of Miami and The South Miami Library 2 times for 1hr per year Literacy Facilitator (s): Certified Teacher ........... Homework Assistance Facilitator(s) and Academic Activities Facilitator(s): Recreation Leaders Recreation Aides and Volunteers. Fitness Fitness Activities: Physical education, sports instruction and intramural programming. Youth will participate in soccer, flag football, kickball Daily and basketball. Instructional jump rope classes help kids learn to jump for 30min/ rope for competition and have fun while enhancing their physical per day fitness .... . Evidence Based Curriculum Used. SPARK Accommodations for CWD Mainstream and accommodate each ......... participant's, ability_.. ... .... Field Trips: The University of Miami Athletic Department and visits to Fuchs, Palmer, Dante Fascell parks for outdoor activities. 4 times/ 2 hrs. each Fitness Facilitator(s): Recreation Leaders and Recreation Aides. Social Skills Social Skills Activities: This includes hosting self- improvement classes 1 time /wk for on anger management, bullying prevention, conflict resolution, team 30 min building, self grooming, and shanng 1. .... .. . .. ... Curriculum Used: K -12 Giraffe Heroes Program, which consists of ...... _. ... . ...__. character development Accommodations for CWD Mainstream and accommodate participant's ability, ......... ..... ...... Field Trips: Miami Dade Fire Department Local Station visit and The 3 times/_ -per City of South Miami Police Department year for 1 - 2 hrs. Social Skills Facilitator. Instructors, Recreation Leaders, Recreation Aides and Volunteers. Family Involvement Family Involvement Activities: Family Night promotes parent Quarterly 4 involvement. Planned activities include an Open House, Holiday Social, times, 1 hr Spring Social and End of the Year Program. minimum City of South Miami Page 19 of 50 Contract #1010 -5670, Resolution 2010 -62 City of South Miami Page Z0o[50 Contract #1010-5670, Resolution 2010-62 Family Involvement Activity Facilitator(s): Senior Staff, Recreation Leaders, Recreation Aides and Volunteers. Enrichment Activities: Enrichment Activities: Arts and crafts will engage the students in drawing mini artistic projects and using brief lessons in art history. 1 time/wk for Music will teach participants the importance of music, how to read 30 min music, and make music. Drama will engage students in theatrical _presentations. such as plays apq Story ......... . ... .. Accommodations for CWD: Mainstream and accommodate each participant's ability. ivities� Instructors, Recreation Leaders, Recreation Aides and Volunteers. Supervised Free-Choice Activities Supervised Free Choice Activities: Game play includes board games Fridays for and sports activities of the student's choice. 30 min when not on field Aides City of South Miami Page Z0o[50 Contract #1010-5670, Resolution 2010-62 amity or South Miami Page 21 of 50 Contract #1010 -5670, Resolution 2010 -62 lans, 1 Math instruction increases the level of learning between school years S hour daily including basic math skills and increased logic arithmetic thought processes (include the use of the Math Explorer program). ........ ... ...._........... . ... ... ..... . . Field Trips: South Miami Library and Museum of Science 2 times per summer, 2 ............... ........... .............. hrs Literacy Facilitator(s) and Academic Activities Facilitator(s): Instructors, Recreation Leaders, Recreation Aides Fitness Fitness Activities: This includes physical education, sports instruction and intramural programming. Youth will participate in soccer, flag Daily football, kickball and basketball. Instructional jump rope class kids for 1 hr learn to jump rope for competition and is fun while enhancing their per day Physical ,fitness Swlmminq.AN water- safety is also taug.ht,.,,, 11 ..... ....._... Evidence -Based Curriculum Used: SPARK .... ..... . ... ..._ ..... ..................... ......... ......... ..... _ ... ..... ......... Accommodations for CWD. Mainstream and accommodate ............. . ... .... ... ... ... ..... ...... participant's ability. ........... Field Trips: A.D. Barnes and Tamiami Park for swimming and water ....... _ safety instruction and South Miami Parks. 2 hr/ 1 day per week .. ... .......... ......... ......... ............. . . _...,... ..... .......... Fitness Facilitator(s): Instructor, Recreational Leaders, Recreation ............ ......... .._ ...................... Aides. Social Skills Social Skills Activities: This includes hosting self - improvement classes 1 hr /2 days on anger management, bullying prevention, conflict resolution, team per week b.uldmg, self grooming, and_shanng Curriculum Used: K -12 Giraffe Heroes Program, which consists of character development. Accommodations for CWD (if a' pplicable"): Mainstream and accommodate participant's ability. Field Trips: The South Miami Library 2 times per summer, 1 hour Social Skills Facilitator. Instructors and Recreational Leaders. Family Involvement Family Involvement Activities: Family members will be invited to a theatrical production in which 1 times per students showcase what they have learned throughout the summer in summer, 1 -2 their music and drama enrichment activities. Parents are encouraged hours to_- participate m the production. Family involve- eni Activity Facilitator(s): Senior Staff, Recreational amity or South Miami Page 21 of 50 Contract #1010 -5670, Resolution 2010 -62 Leaders, and Recreation Aides. Enrichment and/or Theme-based Activities Enrichment Activities: Arts and crafts will engage the students in 3 times/wk drawing mini artistic project and brief lessons in art history. Music will for 30-60 teach participants the importance of music, how to read music, and min make music. Drama will engage students in theatrical presentations such as plays and story telling. Dance will include a mixture of modern and classical 2 times/wk dance instruction. for 60 min. Brain builder/computer interactive program/computer lab is included. 30-60 min, 2 times a week Music Instruction: Reading music, coral group, playing instruments 60 min, 3 times a week Mainstream and accommodate each Field Trips: Actors Playhouse, Miami River Boat Tour, Miami for 2hrs nrichment Activities Facilitator(si: Instructors, Recreation Leaders, and Recreation Aides Supervised Free-Choice Activities Supervised Free Choice Activities: Game play which includes board 5 times/ wk games and sports activities of the student's choice. for 30 min Supervised Free-Choice Facilitator: Recreation Leader and Recreation Aides Nutritious Food and Beverage Requirement: Provider will ensure that all children and youth have a nutritious lunch and snack, at a minimum, during summer and full-day program days and a snack during after-school and partial day program days. Weekly menus are to be posted ina visible location at each service site. City of South Miami Page ZZof50 Contract #1010-5670, Resolution 2010-62 3. Performance Measures: Outcomes - Measuring "Is anyone better off ?" Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of this contract. Improve Midpoint Performance: 1 Minute Oral Instructors will administer pre, mid academic skills 85% of children will improve Reading Fluency and post tests; Office Support will and literacy oral reading skills enter data into The Trust's data system; and Site Manager /Director End -of -Year Performance: will review data for accuracy and 90% of children will improve analyze reports to assess and oral reading skills improve program performance. Improve physical Midpoint Performance: PACER Multi -Stage Recreation Leaders will administer health and fitness 75% of children will improve Shuttle Run pre, mid and post tests; Office fitness performance Support will enter data into The Trust's data system; and Site End -of -Year Performance: Manager/ Director will review data 85% of children will improve for accuracy and analyze reports fitness performance to assess and improve program Compliance, performance and outcome testing and reporting requirements are outlined in Attachment C. Improve academic skills and literacy Improve physical health and fitness 85% of children will improve 1 Minute Oral or maintain oral reading skills Reading Fluency 85% of children will improve PACER Multi - or maintain fitness Stage Shuttle Run performance Instructors will administer pre and post tests; Office Support will enter data into The Trust's data system; and Site Manager/ Director will review data for accuracy and analyze reports to assess and improve program Recreation Leader will administer pre and post tests; Office Support will enter data into data system and Site Manager /Site Manager will prepare the reports and analyze the data for accuracy and to assess and improve program Compliance, performance and outcome testing and reporting requirements are outlined in Attachment C. City of South Miami Page 23 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 4. Staff Qualifications: Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and Services set forth in the Scope of Services (Attachment A) and to provide and perform such Services to The Children's Trust's satisfaction. All persons delivering the services described herein must be included in the Staffing Plan worksheet in the Budget (Attachment B). 5. Ratios: School Year 2010/2011: 13 Children (Slots) per 1 Direct Service Staff* School Year for Children with Disabilities 13 Children (Slots) per 1 Direct Service 2010 /2011: Staff* Summer 2011: 11 Children (Slots) per 1 Direct Service Staff* Summer for Children with Disabilities 2011: it Children (Slots) per 1 Direct Service Staff* *Volunteers may only be counted towards the staff: slot ratio if they are screened and trained and their work days and times match what would be required for a paid staff member in the position a volunteer occupies. THIS SPACE IS LEFT BLANK INTENTIONALLY City of South Miami Page 24 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Schedule of Activities City of South Miami Page 25 of 50 Contract #1010 -5670, Resolution 2010 -62 m0 � } ® % # y n - Z 0 . ) � ■ g > \ ¥ � o _ � D > \ R w m g q ¥ z / Appendix i Contract #1010 -567 - Rosolotion #2010 -62 27 of 50 SUMMER CAMP ACADEMIC SCHEDULE 2611 Primary 1(K -1st) MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 8:00- 8:45(MS. Amy) BreakfasUGame Play BreakfastlGame Play Breakfast/Game Play BreakfasUGame Play BreakfasUGame Play 8:45 -9:30 (Ms. Be) Math Mad Science Math Math Math 9:30.10:15(MS. Arlesia) Reading Reading Reading Reading Reading 10:15-11:00 (Ms. Kim) Language Ads Language Arts Language Arts Language Arts Language Arts 1100- 11:45(Mr, Julio) Science Science Science Science Science 11:45 -12:30 Lunch Lunch Lunch Lunch Lunch 123R1:00(Ms. Anderson) Primary 2(2nd & 3rd) 8:00.8:45(Ms. Amy) social Skills BreakfastlGame Play Social Skills BreakfasUGame Play Social Skills BreakfasUGame Play Social Skills BreakfasUGame Play Social SkillslField Trlp BreakfasUGame Play 8:45-9:30 (Ms. Etta) Science Science Science Science Science 9:3040:15(MS. Artesia) Math Math Math Math Math 10: 15-11:00 (Ms. Kim) Reading Mad Science Reading Reading Reading 11:00- 1145(Mr. Julio) Language Language Language Language Language 11:45 -12:30 Lunch Lunch Lunch Lunch Lunch 12:30- 1:00(Ms. Anderson) Intermediate 1(4th -5th) 8:00- 8:45(Ms.Amy) Social Skills Breakfast/Game Play Social Skills Breakfast/Game Play Social Skills Breakfast/Game Play Social Skills BreakfasUGame Play Social SkillslField Trip BreakfasUGame Play 8:45-9:30 (Ms. Etta) Reading Reading Reading Reading Reading 9:3040d5(Ms. Arlesia) Language Arts Language Arta Language Arts Language Arts Language Arts 10:15-11 no (Ms. Kim) Science Mad Science Science Science Science 11:W41:45(Mr. Julio) Math Math Math Math Math 11:45- 12:30(MS. Anderson) Social Skills Social Skills Social Skills Social Skills Social Skills /Field Trip 12:304:00 Lunch Lunch Lunch Lunch Lunch Intermediate 2 (6th -Up) 8:00.8:45(MS.Amy) BreakfasUGame Play BreakfasUGame Play BreakfasUGame Play BreakfasUGame Play Breakfast/Game Play 8:45 -9:30 (Ms. Etta) Language Arts Language Arts Language Arts Language Arts Language Arts 930 - 10:16(Ma Arlesia) Science Science Selene Science Science 10:15 -11:00 (Ms. Kim) Math Mad, Math Mad, Math 11:00- 11:45(Mr. Julio) Reading Reading Reading Reading Reading 11:45 -12:30(Ms, Anderson) Social Skills Social Skills Social Skills Social Skills Social Skills / Field Trip 12:30-1:00 Lunch Lunch Lunch Lunch Lunch Appendix i Contract #1010 -567 - Rosolotion #2010 -62 27 of 50 Appendix 1 Contract #1010 -567 Resolution #2010 -62 28 of 50 SUMMER CAMP RECREATIONAL SCHEDULE 2011 Primary 1(K & 1st) MONDAY Tuesday WEDNESDAY THURSDAY FUN FRIDAY 1:00-2:00 Pool Inside Games Music Music Field Trip (Yvette) (Group Counselors) (Ms. Juanita) (Ms. Juanita) 2:003:00 Pool /Physical Activity Physical Activity Dance Physical Activity Physical Activity/Dance Field Trip Ms, Yvette Mr. McGaheelMs. Tequila) Me McGehee Mc McGahee/Ms. Tequila) 3:004:00 Brain Building /Computer Brain Building /Computer Drama Drama Field Trip (Group Counselors)(Ms. Lynn) (Group Counselors)(Ms. Lynn) (MS. Juanita) (Ms. Juanita) 4:005:00 Snack(4:00 -4:30) Snack(4:004:30) Soack(4:00 -0:30) Snack(4:00 -4:30) Field Trip /Arts & Craft Ms. Am /Ms & Craft (Ms. Amy) /Arts & Craft Ms. Am /Ads & Craft Ms. Amy 5:006:00 Recreation Recreation Recreation Recreation Sports Primary 2(2nd & 3rd ) 1:00200 Physical Activity/Dance Peol(Ms.Yvette)IPhysical Activity Physical Activity/Dance Physical Activity Field Trip (Mr. McGaheelMs. Tequila) (Mr. McGehee) (Mr. McGaheelMs. Tequila) (Mr. McGahee) 2:00 -3:00 Brain Building Pool Drama Drama Field Tdp (Group Counselors) (Ms. Yvette) (Ms. Juanita) (Ms. Juanita) 3:00.4'90 Ads &Craft Arts &Craft Brain Building Arts &Craft Field Trip (Ms. Amy) I (Ms. Amy) I (Group Counselors) I (Ms. Amy) 4:005:00 Snack(4:00430)I I Snack(4:00- 4:30)/ Snack(4:00 -0:30)/ Snack(4:004:30)/ Field Trip Computer(Ms. Lynn) I Computer(Ms, Lynn)) Music(Ms. Juanita) Music(Ms. Juanita) 5:00 -6:00 Recreation Recreation Recreation Recreation Sports Intermediate 1 (4th & 5th) 1:00.2:00 Music Music Pool Arts & Craft Field Trip Ms. Juanita Ms.Juanita) Ms.Yvetle Ms. Am 2:00 -3:00 Ads & Craft Arts & Craft Pool Computer Field Trip (Ms. Amy) (Ms. Amy) (Ms.Yvetm) (Ms. Lynn) 3:004:00 Drama Drama Computer(MS. Lynn) Brain Building(Group Counselors) Field Trip (MS. Juanita) (Ms. Juanita) Snack(3:30-4:00) Snack(3:30 -4:00) 4905:00 Physical Activif/Snack(4:30 -500) .; Saaek(4000.4$0) ?' Physical AoUVity -: Physical gchK!tyroance Field Trip (Mr McGaheej; ,'Physical AcG,itylDance (Mr. McGahee) j(Mr. McGahge(MSjegmla) (MS.Tequda) , 5:008:00 Recumtlon(4:30 -59)) Recreation Recreation Recreation Sports Intermediate 2 (6th & Up) 1:00 -2:00 Arts & Craft AM & Craft Arts & Craft Pool Field Trip (Ms. Amy) (Ms. Amy) (Ms. Amy) (Ms.Yvette) 2:00 -3:00 Drama Drama Dance Pool Field Trip (Ms. Juanita) (Ms. Juanita) (Ms.Tequirq (Ms.Yvette) 3:00.400 Physical Activity/Dance Physical Activity/Dance Physical Activity Physical Activity Field Trip (Mr. McGaheelMs. Tequila) Mr. McGaheelMs. Tequila) Mr. McGehee (Mr. McGehee 4:00 -5:00 Music(Ms.Juanita) Music(Ms.Juanita) Computer(Ms. Lynn)I Computer(Me Lynn)/ Field Trip /Snack(4:30.5:00) ISnack(4:30.5:00) Snack(4:30 5:00) Snack(4:30.5:00) 5:006:00 Recumnlon(4:30 -5:00) Recreation Recreation Recreation Sports Appendix 1 Contract #1010 -567 Resolution #2010 -62 28 of 50 0 , Program Service Operatin • Table Site City of South Miami Page 29 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 = s s s 41 a a' a � n 'sag S n P n o d a $ n 2 ` _ a i : 2 a � °o d °n 9 s S � � m no N b N y 69 cav � v � a� R �N b N ' p6 H F N h j N S � � n »� N � c J ryJ � a 6 m IN Q 0 O n � o 0 0 0�9 � O b b n b d N N b non JTO R amp o ° � p N a 0 0 J R<a as-0 a � J J R a Z i Q a� d. 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J N a � N S b a�N � b N N0 n N N v F 'm �o m b P b N n o = 9 ; b O n u n m J 7f N 'ca .�o G R N 6y rJ _a ad a O J UI n N y P G.) d b a b o ^J^ �n m� 00 Z J o � C � � Q £ c1 a3 �o = p s= s� ']y�Cyj N [' v A A 3 m m N m a I a�nry aA as J h � o 3 N o a Q m 3 „ U1 p Q 3.NO+o O� R " O � gcw na � � 3 i mb O 9 q d � J a o Boa C a� c s 0 3 m nos m n N 3 va, H az� E P Win^ c � m m'<S+ fPwti rt^ v � o � P N N n oav �v C P J v � v 9Sb a_o O S 3 � D P =�C H m rt 0 3 Y02 ^ J 3 P b 2� O 0 o D9 � a Nab �Y3 NAP o�R N � � oo� a�Q � S � m ry O 9 � � ry Nrtb 3 � a 3 n T H a sy. 9 S _ G =^ 3 N J as ZI 'l 2 m a N S3 Nib H 2.c fin. aot F 53$ m sYl d, 6 N . v o Y fill n^ e:. g x!. 15 5115 C v= fF q MIN , 1"D EllTr Q� k >x Lei M�!A F^e� .. 'S'r "` � 4�•. a 3 n f!!/ _ / \� � \ / \ \} ~� � \\ < } } \��� � \ 65 ATTACHMENT B: Other Fiscal Requirements, i • - . • Method of Payment City of South Miami Page 32 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Advance payment requests The Children's Trust offers advance payments up to 15% of the total contract amount. Advance requests shall be limited to governmental entities and not - for-profit corporations, in accordance with subsection 216.181 (16) (b), F.S. The advance request is to include the amount requested and the justification. Advance payment requests must be submitted using the designated form and must be approved in writing by The Children's Trust's Contract Manager and Chief Financial Officer or their designee(s). Advanced funds if not used shall be invested by Provider in an insured interest bearing account, in accordance with subsection 216.181 (16) (b), F.S. Interest earned on advanced funds shall be returned to The Children's Trust on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance payment Within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the "invoice" amount is less than the amount advanced, The Children's Trust will deduct the difference from the next applicable monthly payment request. Provider may request, in writing, an extension of the repayment of the advance. A fiscal need must be clearly demonstrated and substantiated by Provider in order for an extension request to be considered by The Children's Trust. Budget revisions Budget revision(s) require prior written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form, as determined by The Children's Trust. Provider must request a budget revision to add, delete, and /or modify any line item(s). Budget revisions can not be used to modify the total contracted amount nor can they be used to modify the Scope of Services. No more than two (2) budget revisions may be approved during the contract term. Budget revision requests must be submitted sixty (60) days prior to the expiration of Contract. Budget revisions will be incorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10 %) percent of the total contract amount. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment contract; Provider shall be paid in accordance with the approved budget and /or approved budget revision as set forth in this Attachment. Provider also agrees to timely pay its subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Invoice Requirements Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision(s). The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. Every request by Provider for payment for services provided, work performed, or costs incurred pursuant to this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment from The Children's Trust. If there are subcontractors to this Contract, 'Subcontractor Verification of Payment' from subcontractors of Provider must be included if the City of South Miami Page 33 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Request for Payment includes a request for reimbursement in relation to a payment made to a subcontractor. These forms may be downloaded from The Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider to perform services pertaining to The Children's Trust funded programs identified in this Contract. The Children's Trust reserves the right to request any supporting documentation. A final request for payment (last monthly invoice of the contract term) from Provider will be accepted by The Children's Trust up to forty -five (45) days after the expiration of this Contract. If Provider fails to comply, all rights to payment shall be forfeited. If The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate documentation to support the payment. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such funds in accordance with this Contract and The Children's Trust's decision on this matter shall be binding. In the event that Provider, its independent auditor or The Children's Trust discovers that an overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The Children's Trust. If Provider fails to serve the number of participants and /or fails to utilize the funds in accordance with the Contract, The Children's Trust may amend the Contract to reduce the amount of dollars. Any delay in amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for under - serving participants in accordance with the Contract. In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests for payment must comply with the requirements set forth in this Contract and must be submitted on the forms as prescribed by The Children's Trust. Requests for payment and /or documentation returned to Provider for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. The Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request for Payment and /or other required documentation. The Children's Trust shall retain any payments due until all required reports or deliverables are submitted and accepted by The Children's Trust. Supporting Documentation Requirements Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services as required. Supporting documentation shall be made available and provided to The Children's Trust upon request. Provider shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any Service covered by this Contract, and shall make all such records available to The Children's Trust upon request. Provider shall maintain a cost allocation methodology that it uses to allocate its costs. Provider shall use a cost allocation methodology which assures that The Children's Trust is paying only its fair share of costs for services, overhead, and staffing not solely devoted to the program funded by this Contract. Such methodology shall be made available to The Children's Trust upon request. City of South Miami Page 34 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008-01 GENERAL INFOlk ATION,4 Organization Name: Agency Fiscal Year: Program Title: Areas in Blue to be completed by the Agency 'EIJDGFT- FXPFNRFC Ya -lance 0.00 0.00 Attachment B, Contract #1010 -5670, Resolution # 2010 -62 35 of 50 Rev 6/10 Program Expenses Agency Expenses Agency Iota( Pro ram'Bud `et, - ..'542 638.92 542 638.92 39.9% Total A enc Othert:Ex enses 818,483.081i ,361 60d% Total BTid et - Ex senses' 542 638.92 1 122.00 1 100.0% Ya -lance 0.00 0.00 Attachment B, Contract #1010 -5670, Resolution # 2010 -62 35 of 50 Rev 6/10 D 3 n n S' P F" €( iµ i� a L e e FI J �I D:: y C ac �C 6 cL'y3o ,�o�_ d L I ,: f I =I "I "G. °I i -. I "'I '"1 1 �1' I I h" I� I p' ,:I An �e o� hR '' 'q '.2 a R 2 2 D_ _D : b _D _D D j N A A P F" €( iµ i� a L e e FI J �I D:: y C ac �C 6 cL'y3o ,�o�_ d L I ,: f I =I "I "G. °I i -. I "'I '"1 1 �1' I I h" I� I p' ,:I An �e o� A� Ay City of South Miami Staffing Plan Staffing Plan must EXACTLY match the paid and in-kind staff, volunteers, consultants and sub-contractors described in Attachment A and listed in the Program Budget. Add or delete rows and adjust links to the Program Budget as necessary. Page www Attachment B, Contract #1010-5670, Resolution# 2010-62 Rev, 6/10 List Full-Time Employees Bachelor's Degree + Experience. In-Kind Service. Responsible for Responsible for direction and oversight of the program Parks & Program Dir. ZA 'I N leadership of the entire program. Oversees the entire operation a Bachelor's degree + Experience. In-Kind Services. In charge of payroll, Responsible for administrative purchasing of materials, supplies, etc. Admin. Assistant operations of the program to include payroll, purchasing and Bachelor's Degree + Experience. In-Kind Services. Oversees the Recreation Site Manager J N I N Responsible for direction and Summer Camp and After-School leadership of the entire program. House Programs In charge of Recreation In-Kind Services, Manages the programming for After School recreational component of the After- Recreation Leader N 2 N Program.'A minimum of a, high School and Summer programs school diploma and experience are necessary to hold this In charge of Recreation, In-Kind Services. Manages the Programming for After School administrative details of the After- Recreation Leader N I N Pro ram. A minimum of a high School and Summer programs school diploma and experience are necessary to hold this In charge of cordination and Administer and monitor the guidelines Grant Coordintator I W I N policy Implementation while that must be followed by funding List Part-Time Seasonal Employees Teaching Certificate Responsible for homework assistance and literacy programs. They, oversee Instructor Y I N the operation of the 12 America Reads Program Tutors. Teaching Certificate Resp6nsible'for homework assistance +Experience and literacy programs, They oversee Instructor I y k 1 N the operation of the 12 America Reads Program Tutors. High School Diploma + In-Kind Services. Administer fitness Experience program, Responsible adminstering PACERs to students. Will facilitate entire physical fitness component. X High School Diploma + Will assist students wilth Literacy, PT Recreation Leader I y ? R I Y Experience Fitness, Social Skills, Field Trips, and High School Diploma + WlJJJ ss wilth Literacy, PT Recreation Aide y I Y Experience Fitness, Social Skills, Field Trips, and Page www Attachment B, Contract #1010-5670, Resolution# 2010-62 Rev, 6/10 City of South Miami Staffing Plan * # of Staff refers to the number of paid and in -kind staff, subcontractors, consultants and volunteers in each position Identified. * *Volunteers may only be counted towards the staff: participant slot ratio if they are screened and trained and they work days and times that match what would be required for a paid staff member in the position a volunteer occupies. Page 40 of 50 Attachment B, Contract 4 1010 -5670, Resolution fl 2010 -62 Rev. 6 /10 After School 3 Summer;. Y'tio . -: If a�diryo#tah ws for�stf.t u�� i:.-, � im � ? r-.w �x ` i, ijuakffc�ttbtts''- onstbthties�T�' � , Rattd � x Ratty -� � t5a�,crrpttonrof kes Pr�ogl'am Budget" leas d rows Sta Ye4 tkr Xes,or RegmCedrMYaimum Education re1afed t,�:t1�FeFprogr�afn d4sgrlb'ed,: belowm tffeap Popnat�settlor4r -. f,. No. r � d No & 8xper4ence '+� ka -r2a in 4}eq'hm�'ntd ,=� ` High School Diploma "+ Will assist students wilth Literacy, PT Recreation Aide 1 Y I Y Experience FltnesS, Sgcial_Sk1lls, Field Trips, and.i -- Enrichment activities. High School Diploma + Wili assist students wilth Literacy, PT Recreation Aide - Seasonal 0 N; `. 1 Y Experience Fitness, Social Skills, Field Trips, and ` Enrichment activities. High School Diploma + Will assist students wilth Literacy, PT Recreation Aide - Seasonal "0 N - 1 Y Experience Fitness; Social Skills, Field. Trips, and Enrichment activities. High School Diploma + Will assist students wilth Literacy, PT Recreation Aide - Seasonal 0 N ° 1 ' Y Experience Fitness, Social Skills, Field Trips; and — nrichment activities " High School Diploma + Will assist students with Literacy, PT Recreation Aide - Seasonal ` 0 N 1 Y Experience Fitness, Social Skills, Field Trips, and Y y . Enrichment activities. High School Diploma + Will assist students, with Literacy, PT Recreation Aide - Seasonal '0 N - 1 Y Experience Fitness, Social Skills, Field Trips, and En f i ent activities. High School Diploma + _ Will assist studentswilth Literacy; PT Recreation Aide - Seasonal 0 N 1, Y-, Experience , Fitness, Social Skills „Field Trips, and — Enrichment activities, Enrolled at a Cgllege or . Assist with homework assistance and ' PT Recreation Aide - Seasonal ,1, N -: I Y University, and apart of the Literacy. _ America Reads-Prooram. List Professional Services /Independent Contractors k In tru t r Human Resources- Ability to thorougly complete Provide background checks of staff Volunteer /Staff Recruitment & FDLE background checks. Background `L N 1 N Checks /Clearances Experience in Science education. Will teachthedmportance of music, ' Music Instruction 1 N 1 - N - reading music,- coral; playing an instrument High School Diploma + Will engage students in theatrical Drama Instruction Services "1 N 1 1' N Experience presentations suchas plays story, T.B.A. 40 Volunteers -1 N 1 - N No minimum qualifications , Assist with homework assistance and re wired. enerai r -o ram =operations. * # of Staff refers to the number of paid and in -kind staff, subcontractors, consultants and volunteers in each position Identified. * *Volunteers may only be counted towards the staff: participant slot ratio if they are screened and trained and they work days and times that match what would be required for a paid staff member in the position a volunteer occupies. Page 40 of 50 Attachment B, Contract 4 1010 -5670, Resolution fl 2010 -62 Rev. 6 /10 Programmatic Data and Reporting Requirements City of South Miami Page 41 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Attachment C OUT -OF- SCHOOL Programmatic Performance and Data Reporting Requirements Contract No. 1010 -5670 Agency name: City of South Miami_ Program name: After School and Summer Camp The Provider shall submit to The Children's Trust individual participant demographics, attendance, and outcome data for all children participating in the program as noted in the Scope of Service (Attachment A). Reporting includes electronic submission of information into The Children's Trust web -based reporting system (Data Tracker), as well as outcome, narrative, and satisfaction survey reports, as noted below. Provider's use of Data Tracker requires mandatory training (provided by The Children's Trust) and a user login name. Minimum standards for performance are described in the sections below. The Children's Trust reserves the right to evaluate provider performance against the minimum standards and to reward providers exceeding those standards and to impose remedies on providers performing below the minimum standards. For mid and end of year performance reviews, the Provider is awarded incremental credit for approaching the identified performance targets. PARTICIPANTS Eligibility - Children eligible for The Children's Trust funded out -of- school (OOS) programs will be school -age children ages 5 to 18 years. In addition, children with disabilities ages 18 -22 who are enrolled in K -12 programs and have not achieved a standard diploma may be served with Trust funding through the school year in which they turn 22. Demographics - Children's demographics (including all the items noted below), shall be entered into Data Tracker within seven (7) calendar days of each child's first day of attendance. All children's demographics shall be updated on an ongoing basis if and when new information is collected (i.e. new address, grade level, school). Demographic information required for all children in attendance: • Participant's Name (last, first, middle initial) • Parent's name (last, first, middle initial) • Street Address, City, and Zip Code • Gender (male, female) • Date of Birth • Race (American Indian /Alaska Native, Asian, Black /African American, Pacific Islander, White, Other) • Ethnicity (Hispanic, Haitian, Other) • English proficiency (yes /no) • Other language(s) spoken (English, Spanish, Haitian Creole, None, Other) • Child's Social Security # • Child's Miami -Dade County Public Schools ID Number • Child's Current Grade Level • Child's Current School • Does child have a Health Insurance? (yes /no) • Does child have a disability? (yes /no) • If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and /or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual Disability (or mental retardation), Learning Disability, Physical Disability, Speech /Language Impairment, Visual Impairment (or blind), Other] • Documentation of disability (Individualized Family Service Plan, Individualized Education Plan, Section 504 Plan, diagnosis from a medical doctor, state certified or licensed professional; and /or disclosure by a parent /guardian); if City of South Miami Page 42 of 50 Contract #1010-5670, Resolution 2010 -62 RFP #2008 -01 child is noted as having a documented disability, a hard copy of the selected documentation must be kept within the participant's file for monitoring purposes. Is participant (information to be reported in the Program Narrative Report): • A child of a migrant farm worker (i.e., parent /caregiver crossed county or state lines in search of temporary or seasonal farm work within the past 36 months) • Involved with the Dependency System (e.g., DCF, Our Kids, full case management agencies, dependency and family courts) • Involved with the Delinquency System (e.g., DJJ, Juvenile Services Department, diversion /Civil Citation programs) • Medical History and Authorization (including special needs and conditions) • Emergency Contact Information • Transportation and Pick -up Authorizations • Confidentiality of Client Information • Voluntary Consent for Video and Photography • Signed release of information to The Children's Trust and authorization to participate Children with Disabilities - The Children's Trust expects that programs will serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated in accordance with the American Disabilities Act (www.ada.gov). Providers who may need assistance in determining whether they can safely and reasonably accommodate children with disabilities must contact their assigned Inclusion Specialist from the All Children Together (ACT) Resource Network. All children must be admitted into programs unless the assigned Inclusion Specialist determines that reasonable accommodations cannot be made. ACTIVITIES • A representative Daily Schedule of Activities for each period contracted is included as Appendix - 1. The schedule shall reflect the activities, frequency, and intensity as outlined in Attachment A. Provider may modify the schedule(s), however, any changes that alter the type, frequency, intensity, and /or duration of the activities will require a contract amendment. The approved Schedule of Activities is to be posted in a visible location at each service site. • Provider will ensure that approximately 75% of the program's operating hours are accounted for in planned activities as indicated in Appendix 1. PERFORMANCE MEASURES Attendance - How much are you doing? Attendance refers to the actual number of children (with at least one day of attendance) participating in a program during a specific time frame. All children must have their demographic information entered in Data Tracker before they can be credited for attendance. Enrolled children are expected to regularly attend after school days and /or summer camp days: During the school year, only children attending after school days may participate in Full Days and /or Saturdays. Children cannot enroll in a program and attend only Full Days and /or Saturdays. • Days of Service - Refers to the number of days contracted to be delivered by City of South Miami Page 43 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2005 -01 providers during the school year and /or summer time. The Programmatic Utilization Report in Data Tracker identifies this as, "Total offered sessions." During the school year 180 after school days of service must be offered, and a minimum of 6 consecutive weeks (29 days) must be offered during the summer. • Average Attendance Per Day - This reflects the average number of contracted slots /seats that are filled on any given day at a program. The Children's Trust recognizes that the number of children enrolled throughout the contract year may be higher than the number of contracted slots filled on a daily basis, and that not all children will attend their program every day. However, material compliance with this contract requires that a minimum of 85% of slots contracted for participating children will be occupied on a daily basis. Engagement- How well are you doing? • Engagement - Refers to the average number of after school days each child has attended based on the child's first day of attendance through an end date. For performance review purposes, providers will be evaluated based on engagement at the midpoint and end of school year. Engagement will not be evaluated during summer camp. Only children enrolled in the program for at least 14 calendar days will be included in the school year engagement calculation. • Participants are expected to attend a minimum of 80% of program days offered by the midpoint, and 70% by end of school year. Utilization - How much are you doing? • Output Utilization - Refers to the number of units served, or the total number of days attended across all children. "Actual" utilization is calculated by summing the total number of days attended by all children (with at least one day of attendance). "Proposed" utilization is based on the total number of proposed or contracted slots multiplied by the total number of proposed sessions. The actual utilization during the selected time frame is then divided by the proposed utilization. • During any given time frame, The Trust requires that providers serve a minimum of 85% of the units of service contracted (children x days) to be served during that period. Outcomes - Is anyone better off? The purpose of evaluation is to promote improvements in outcome achievement and to facilitate changes in program practices that result in improved outcome achievement. To that end, we expect that all children will be evaluated and that all children (and programs) can improve as result. All children attending COS programs will be tested using the Oral Reading Fluency (ORF) assessment to evaluate oral reading skills, and results must be entered in Data Tracker. If a fitness outcome is part of the contract, the Progressive Aerobic Cardiovascular Endurance Run (PACER) must be used, and results must be entered in Data Tracker. • ORF /PACER Adaptations. The original format of ORF and PACER may not be appropriate for all children. In these cases, providers must review approved adaptation options for the ORF and /or PACER assessments. Currently, ORF has two adaptation options: ORF passage alteration (letter - naming ORF Level K), City of South Miami Page 44 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 and an adaptation for visual impairment. PACER has one adaptation for children with hearing impairments. For additional information or assistance with implementing any of these adaptations, contact your Contract Manager. If one of the adaptations does not meet the child's individual assessment needs, then an alternate assessment must be administered. • Alternates to ORF /PACER. Alternate assessments are conducted for children who are not capable of responding or performing via the original or adapted ORF and /or PACER assessment methods. Alternate assessments to ORF and PACER are reserved for children with disabilities. Rather than exempting children from assessments, The Children's Trust requires that providers collaborate with Trust staff (as well as Project RISE and the ACT Resource Network, if needed) to identify developmentally appropriate assessments for every child. Alternate assessments will be identified during contract negotiations, and if needed, alternate outcome indicators will be developed based on previous performance levels. If it is determined that an alternate assessment is needed after contract negotiation, contact your Contract Manager immediately for further guidance. A contract amendment may not be needed if less than 10% of children require the use of an alternate assessment. • For each child who receives an alternate assessment to ORF or PACER, the provider must indicate that an alternate assessment was administered to each of those children on the ORF or PACER testing roster in Data Tracker, and also submit additional information on the assessment. • Aggregate performance data for children receiving alternate assessments to ORF or PACER will be reported as outlined under the subsequent section, "Other Outcomes." • Other Outcomes. Data for assessments other than ORF and PACER (such as social skills assessments or alternate assessments) must be reported into Data Tracker. Providers are required to enter this information directly into Data Tracker in an outcomes reporting section. The data must be submitted electronically to The Children's Trust by the applicable report due dates outlined in this document. Testing Compliance - For all outcomes contracted, test administration must be as follows: School Year • Pre -test - 100% of children will be tested within 30 calendar days of their first day of attendance, regardless of when enrollment occurs. • Mid -point test - 100% of children with at least one day of attendance between December 1st and January 15th must be tested within that timeframe, regardless of when enrollment occurs. • Post -test - 100% of children with at least one day of attendance between May 1 and June 9 must be tested within that timeframe, regardless of when enrollment occurs. Post -tests are also to be administered to children who withdraw from the program during the year when prior notice is given. Summer • Pre -test - 100% of children will be tested within 14 calendar days of their first day of attendance, regardless of when enrollment occurs. Post -tests administered in the after- school program may serve as pre -tests for returning children if they were administered within 2 weeks of the child's starting date in the summer camp program. City of South Miami Page 45 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Post -test - 100% of children in attendance will be tested during the final 14 calendar days of the summer program or no later than July 31't if the Provider will not be funded by The Children's Trust for Out -of- School services after that date. All children in attendance for at least one day during the test administration timeframe are required to be tested. Matched Sets Compliance - Matched sets refer to those children with at least 2 tests within a review period. School Year • 90% of children enrolled for 90+ days by January 15th will have been tested at least twice (based on number of calendar days between the first day of attendance through January 15, 2011). • 95% of children enrolled for 90+ days by June 9th will have been tested at least twice (based on number of calendar days between the first day of attendance through June 9, 2011). Summer • 90% of children enrolled for 30+ days by the end of the program will have been tested at least twice (based on number of calendar days between the first day of attendance through the last day of the program) Outcome Achievement - Providers are expected to meet the following performance standards on the ORF for oral reading skills, PACER for fitness performance, and social skills measures. Data for all children with matched sets will contribute towards these performance goals: School Year • 85% of children will improve oral reading skills at the mid - point; 90% at end - of -year • 75% of children will improve fitness performance at the mid - point; 85% at end - of -year (if contracted) • 85% of children will improve social skills at the mid - point; 90% at end -of -year (if contracted) Summer • 85% of children will improve or maintain oral reading skills • 85% of children will improve or maintain fitness performance (if contracted) • 85% of children will improve or maintain social skills (if contracted) Satisfaction Surveys - How well are you doing? Satisfaction surveys must be administered to 100% of children, youth, and their parents once during the school year in March and once during the summer. Providers have the option to administer the satisfaction surveys from The Children's Trust (which can be found at The Children's Trust website) or to use a satisfaction survey of their choosing. Providers may also choose to administer the surveys by distributing paper copies of the surveys and asking respondents to complete them, or online through Survey Monkey. If a provider chooses Survey Monkey, it must set up its own user account. Providers will submit aggregate information on the survey results for the school year through an online survey by April 15, 2011. Online survey responses for summer camp surveys must be submitted by September 15, 2011. QUARTERLY PROGRAM NARRATIVE REPORT The Program Narrative Report captures a report of program's successes, challenges, support needed, incidents, and volunteer participation. A standard Word document City of South Miami Page 46 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 format is provided and available in the Trust website for download. The report must be submitted quarterly to The Trust. TRAINING AND QUALITY IMPROVEMENT The Children's Trust offers a variety of trainings on important topics to improve service delivery and contract compliance, enhance administrative capacity, and support program and employee development. The Provider is required to ensure attendance by appropriate agency and /or program staff at the following trainings annually: Oral Reading Fluency, Progressive Aerobic Cardiovascular Endurance (PACER), Data Tracker, School -Age Care Environmental Rating Scale (SACERS), New and Renewal Contract Development and Contract Management trainings, Quarterly Provider Meetings, and other topical trainings offered throughout the contract year. Provider must attend a minimum of one training regarding inclusion of children with disabilities during each contract year. In addition, full participation is required with Project RISE, the All Children Together (ACT) Resource Network, and other Trust - funded initiatives that may be appropriate. Project RISE (http://cps.nova . edu /proiectrise The Children's Trust requires that Trust - funded out -of- school providers fully participate with Project RISE (Research, Inspiration, Support, and Evaluation), a quality improvement initiative offered to support and improve the services available to Miami -Dade children and youth, with the ultimate goals of improving academic, health /fitness, and socio - emotional /mental health outcomes of participants. Providers (including all staff involved in test administration) are required to become recertified in ORF and PACER administration annually. All Children Together Resource Network (http: / /ccdh.org /act /about act/) The Children's Trust requires that providers attend trainings to educate them about the inclusion of children with disabilities during the contract year. Inclusion requires that programs be appropriately adapted to meet the needs of all participating children. The ACT Resource Network is a resource available to offer training, technical assistance, mentoring, and consultation regarding provision of services to children with disabilities. REPORTING SUBMISSION AND DATA ENTRY • Participant attendance for a given month shall be entered into Data Tracker by the fifteenth (15th) of the following month, exclusive of legal holidays or weekends. Data Entry Requirements - Scores for the ORF and PACER tests as well as aggregate data for other assessments shall be entered in Data Tracker as follows. If the due date falls on a weekend /holiday, then reports are due the following business day. School Year • Pre -test - By the fifteenth (15`h) day of the month following the month in which the tests were administered • Mid -test - By January 31, 2011 • Post -test - By June 15, 2011 Summer • Pre -test - By the fifteenth (15th) day of the month following the month in which the tests were administered • Post -test - By September 15, 2011 City of South Miami Page 47 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 *If the due date falls on a weekend/ holiday, then reports are due the following business day. Provider shall create and /or update agency and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information for the duration of this Contract term to facilitate referrals. Evidence that the profile(s) has been created or updated must be provided to the Contract Manager within 30 days of execution of this Contract. City of South Miami Page 48 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Rep�irC Due4Datet ,° r. ?... .b .?i,., ..? .C.rr? October 15, 2010 1. Program Narrative Report (Word) January 31, 2011 1. Program Narrative Report (Word) School Year 2010 -2011 1. Program Narrative Report (Word) April 15, 2011 survey requesting 2. Response to online p Y q 9 a 9gregate satisfaction survey responses June 15, 2011 1. Program Narrative Report (Word) UN 1. Summer Program Narrative report (Word) Summer September 15, 2. Response to online survey requesting aggregate Camp 2011 2011 satisfaction survey responses *If the due date falls on a weekend/ holiday, then reports are due the following business day. Provider shall create and /or update agency and program profiles, and site(s) information in the Community Resource Directory maintained by Switchboard of Miami. Provider shall maintain accurate information for the duration of this Contract term to facilitate referrals. Evidence that the profile(s) has been created or updated must be provided to the Contract Manager within 30 days of execution of this Contract. City of South Miami Page 48 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contract(s) in accordance with section N.2. Financial Audit and Program Specific Audit as follows (a sample may be found on The Children's Trust website): • Submission of: (a) schedule of budget to actual total expenditures by budget category, reflecting expenditures during the audit period for each The Children's Trust contract by contract number, (b) if applicable, audit of attendance if payment is based on attendance, or payment as specified in Attachment B; (c) summary of schedule of prior audit findings, (d) disclosure of any significant finding(s), (e) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number involved, and (f) a recommendation for a corrective action plan on any finding; • Report whether the schedule of expenditure(s) is fairly stated; • Provide notes to the schedule of total budget to actual expenditures that describe the significant accounting policies used in preparing the schedule; • Report whether contractual matching requirements were met, if applicable; • Report whether Provider has internal controls in place to provide reasonable assurance of compliance with The Children's Trust applicable contractual requirements and on the reliability of financial operations; • The auditor must include in their testing: testing of the budget versus the actual expenditure, double billing i.e. billing under The Children's Trust contract the same expenditure that is billed under another contract and /or revenue source, testing for unallowable expenditures e.g. costs not included in the approved budget or budget revision and unallowable costs identified in the budget guidelines included on The Children's Trust website, testing for questioned costs, testing that the Provider billed and was reimbursed by The Children's Trust in accordance with the method of payment identified in the Contract and within the Contract period, testing that monies used for the program were for eligible participants, testing for the supplanting of funds, testing of match requirements, if applicable, testing of attendance or other unit if the method of payment is other than a cost reimbursement payment method, and testing of the cost allocation plan to verify that The Children's Trust is paying only its fair share of costs for services, overhead and staffing. The auditor's report shall state that the audit was conducted in accordance with the program specific audit requirements listed in The Children's Trust contract and include the following: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of Provider is presented fairly in all material respects in conformity with the stated accounting policies; An opinion (or disclaimer of opinion) as to whether the schedule of total budget to actual expenditures by budget category is presented fairly in all material respects in conformity with the stated accounting policies; A report on internal control related to The Children's Trust contract, which shall describe the scope of testing of internal control and the results of the tests; A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee complied with laws, regulations, and the provisions of contract(s) with The Children's Trust which could have a direct and material effect on the program; and A schedule of findings and questioned costs for The Children's Trust contract that includes a summary of the auditor's results relative to The Children's Trust and findings and questioned costs. City of South Miami - Page 49 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01 ATTACHMENT E Affidavit for Level 2 Background Screenings Affidavit Affirming Compliance with Background Screening for Provider Personnel and /or Volunteers, Subcontracted Personnel, as applicable In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, and pursuant to the requirements of Paragraph Q. Background Screening of this Contract, the undersigned affiant makes the following statement under oath, under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and /or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. STATE OF FLORIDA COUNTY OF MIAMI -DADE Before me, the undersigned authority, personally appeared (CEO /Executive Director) Authorized Provider Representative of (Provider Name) who being by me first duly sworn, deposes and says: Name of Contracted Provider (Signature of CEO /Executive Director /HR Director) Date I swear and affirm that the above -named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. Sworn to and subscribed before me at Miami -Dade County, Florida this day of , 2009 by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print, type or stamp name of notary public My Commission Expires: City of South Miami Page 50 of 50 Contract #1010 -5670, Resolution 2010 -62 RFP #2008 -01