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5South Miami CITY OF SOUTH MIAMI A -AmeHcaC i OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Buford R. "Randy" Witt, Acting City Manager From: Carol M. Aubrun, Grants Writer /Administrator Date: July 20, 2010 Agenda Item No.: Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Acting City Manager to execute a Service Authorization with the Children's Trust for After School and /or Summer Camp Services in the amount of $112,585.00; and providing for an effective date. Background: In 2008, the City of South Miami applied for a grant with the Children's Trust ( "the Trust ") for Out -of- School Programming for the After School House. The City received the grant and has been providing services, on a year round basis (after school and summer camp). Last year as a first year contract entity, the City was ineligible to submit an application for funding. However, under the previous contract agreement and under the authority of the Trust's Board, the City was eligible to execute an option to renew, which was executed for the 2009 -2010 (2nd year of contract). This year, the Trust did not issue a request for applications nor proposals under the Out -of- School funding category. Nonetheless, the City is eligible for a second option -to -renew (3' year of contract) in the amount of $112,585.00. The resolution will allow the Acting City Manager to execute the Services Authorization which will allow services to continue while the contract is being negotiated. As soon as the negotiations have been completed, a contract approval resolution will be brought to the City Commission. Cost: No matching funds are being required Funding Source: The Children's Trust Backup Documentation: ❑ Proposed Resolution ❑ Services Authorization ❑ Previous Resolutions & Current Contract 1 RESOLUTION NO.: 2 A Resolution of the Mayor and City Commission of the City of South Miami, 3 Florida, authorizing the Acting City Manager to execute a Service 4 Authorization with the Children's Trust for After School and /or Summer 5 Camp Services in the amount of $112,585.00; and providing for an 6 effective date. Whereas, the City of South Miami submitted a grant to the Children's Trust for Out -of- School Services for the After School House; and Whereas, the Children's Trust has previously awarded the City of South with funding for a grant and an grant option -to -renew for Out -of- School Services at the After School House; and Whereas, The City of South Miami is currently being awarded grant funding from the Children's Trust for After School and /or Summer Camp Services in the amount of $112,585.00; and Whereas, the Mayor and City Commission wish to accept the grant from the Children's Trust for After School and/or Summer Camp Services in the amount of $112,585.00 Now, therefore, be it resolved by the Mayor and City Commission of the City of South Miami, Florida that: Section 1: The Mayor and City Commission authorize the Acting City Manager to execute the service authorization with the Children's Trust for After School and/or Summer Camp Services in the amount of $112,585.00. Section 2 This resolution shall be effective immediately. Passed and Adopted this _day of ,20 10. Attest: City Clerk Read and approved as to form and sufficiency: CITY ATTORNEY Approved: Mayor Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Yvette Aleman The FY2010 -2011 contract will be for the service period August 1, 2010 to July Karen Aronowitz 31, 2011. Please submit all documents requested by the dates established by Donald I. Bierman your Contract Manager in order to execute the contract by not later than August Khadijah Brydson 6, 2010. In the unusual circumstance that the contract is not executed by August George M. Burgess 6, 2010, then The Children's Trust will cease payment on this contract, but will Alberto M. Carvaiho expect that performance /services will continue until September 6, 2010 during Jacqui Colyer which you agree in advance to meet with me or my designee, in order to execute Bill Diggs the contract. if we can't get this done, then we mutually agree now to terminate Carolyn Donaldson Dr. Thresia B. Gambon our business relationship on September 6, 2010, and The Children's Trust will pay Luis A. Gazitua for all services properly invoiced and rendered during that period. I hope that Benjamin F. Gilbert, Jr. nothing of this sort will happen, but I am insistent that both staff and providers Dr. Nora Hernandez - Hendrix know how critical it is to get annual contracts executed to avoid operating on Antoinette JG Hill service authorizations. Dr. Silvia La Villa Dr. Martin Karp During the period of time covered by this Service Authorization letter, City of Pamela Y. Ullard Nel son -Goedert South Miami must comply with all requirements in the core contract and all Carolyn Y. el Dr. William relevant attachments as emailed to your agency and /or available on The Hon, Orlando Pelham A. Prescott Children's Trust's website (www.thechlldrenstrust . org); provide program activities Dr. Isaac Prilieltensky , in accordance with your draft Scope of Services; and complete all outcome Rep. Julio Robalna assessments and satisfaction surveys, and submit all reports and data according Evelio Torres to the contract requirements and due dates. David Lawrence Jr. Additionally, commencing August 1, 2010, City of South Miami is authorized to Founding Chair incur allowable expenses up to the funding award of $112,585.00 in accordance Modesto E. Abety with the line item categories, justifications and calculations that are reflected in President & CEO the approved preliminary budget until such time that the contract budget has been finalized. The final negotiated contract amount may be less than or equal to County Attorney's office the funding award referenced. Nevertheless, your agency shall submit original Legal Counsel requests for payment in the format prescribed by The Children's Trust for services /work performed. 3150 SW 3r1 Avenue, 8'" Floor, Miami, Florida 33129 • Tel: 305 -571 -5700 / Fax: 305- 857 -9592• www thechildrenstrust.oro June 28, 2010 Officers/Executive Committee Maria A. Alonso Chair Buford R. Witt Chet J. Vice Chair hair Interim City Manager Dr. Josee Gregoire City of South Miami Secretary 6130 Sunset Drive Hon. Isaac Salver South Miami, Florida 33143 Treasurer RE: Out -of- School Contract #1010 -567 Isabel Afanador, Chair Program Services Dear Mr. Witt: Dr. Rosa Martin, Chair Childhood Health and The Children's Trust is issuing this Service Authorization to permit City of South Development Or. Gina Cortes- Suarez, Chair Miami to provide after - school and /or summer camp services beginning August 1, Human Resources 2010. This service authorization will expire on September 6, 2010 or when the Hon. Barbara Jordan, At -Large contract is executed, whichever occurs first. If we had more time we wouldn't Dr. Miguel Baisera, At -Large need Service Authorization letters, but contracts often take longer to negotiate David Williams Jr., At -Large than we'd like, given that providers are busy operating programs and Trust staff is performing many other duties. The Board of Directors Yvette Aleman The FY2010 -2011 contract will be for the service period August 1, 2010 to July Karen Aronowitz 31, 2011. Please submit all documents requested by the dates established by Donald I. Bierman your Contract Manager in order to execute the contract by not later than August Khadijah Brydson 6, 2010. In the unusual circumstance that the contract is not executed by August George M. Burgess 6, 2010, then The Children's Trust will cease payment on this contract, but will Alberto M. Carvaiho expect that performance /services will continue until September 6, 2010 during Jacqui Colyer which you agree in advance to meet with me or my designee, in order to execute Bill Diggs the contract. if we can't get this done, then we mutually agree now to terminate Carolyn Donaldson Dr. Thresia B. Gambon our business relationship on September 6, 2010, and The Children's Trust will pay Luis A. Gazitua for all services properly invoiced and rendered during that period. I hope that Benjamin F. Gilbert, Jr. nothing of this sort will happen, but I am insistent that both staff and providers Dr. Nora Hernandez - Hendrix know how critical it is to get annual contracts executed to avoid operating on Antoinette JG Hill service authorizations. Dr. Silvia La Villa Dr. Martin Karp During the period of time covered by this Service Authorization letter, City of Pamela Y. Ullard Nel son -Goedert South Miami must comply with all requirements in the core contract and all Carolyn Y. el Dr. William relevant attachments as emailed to your agency and /or available on The Hon, Orlando Pelham A. Prescott Children's Trust's website (www.thechlldrenstrust . org); provide program activities Dr. Isaac Prilieltensky , in accordance with your draft Scope of Services; and complete all outcome Rep. Julio Robalna assessments and satisfaction surveys, and submit all reports and data according Evelio Torres to the contract requirements and due dates. David Lawrence Jr. Additionally, commencing August 1, 2010, City of South Miami is authorized to Founding Chair incur allowable expenses up to the funding award of $112,585.00 in accordance Modesto E. Abety with the line item categories, justifications and calculations that are reflected in President & CEO the approved preliminary budget until such time that the contract budget has been finalized. The final negotiated contract amount may be less than or equal to County Attorney's office the funding award referenced. Nevertheless, your agency shall submit original Legal Counsel requests for payment in the format prescribed by The Children's Trust for services /work performed. 3150 SW 3r1 Avenue, 8'" Floor, Miami, Florida 33129 • Tel: 305 -571 -5700 / Fax: 305- 857 -9592• www thechildrenstrust.oro City of South Miami Service Authorization Page 2 The request for payment is always 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 in which case the due date Is the next available business day). The Children's Trust agrees to reimburse your agency on a monthly billing basis. Please sign and return this Service Authorization within ten days. If you have any questions about the contract process, please contact your Contract Manager, Donald P. Loutsch via email at donald @thechildrenstrust.org or by telephone to (305) 571 -5700. We look forward to our continued relationship with you, working on behalf of the children and families of Miami -Dade County. I agree to the terms and conditions described in this Service Authorization. Signature of Authorized Representative cc: Contract file Print Name 3150 SW 3r4 Avenue, 8`h Floor, Miami, Florida 33129 • Tel: 305- 571 -5700 / Fax: 305- 857 -9592• www thechiidrenstrust.ora RESOLUTION NO.: 158-09-1296.7.. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT FOR CONTRACT RENEWAL WITH THE CHILDREN'S TRUST FOR THE AFTER SCHOOL HOUSE IN THE AMOUNT OF $127,938.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been awarded a grant renewal from the Children's Trust for the After School House in the amount of $127,938.00; and WHEREAS, the Mayor and City Commission wish to accept the awarded funds through the contract renewal with the Children's Trust for the After School House In the amount of $127,938.00; WHEREAS, the Mayor and City Commission authorize the City Manager to execute a grant agreement with the Children's Trust for the After School House in the amount of $127,938.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City 'Manager to execute the grant agreement for contract renewal with the Children's Trust for the After School House in the amount of $127,938.00. Section 2: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this 15th day of September , 2009. ATTEST: APPROVED: -� CITY CLERK i MAYO Include File Name and Path COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea Off icers/Executive Commltteq Maria A. Alonso Chair Chet Zerlin Vice Chair Josee Gregoire Secretary Hon, Isaac Salver Treasurer Isabel Afanador, Chair Program Services Dr, Rosa Martin, Chair Health David Williams Jr., Chair Procurement Dr. Gina Cortes- Suarez, Chair Human Resources Non. Barbara Jordan, At -Large Dr. Miguel Baisera, At -Large The Board of Directors Yvette Aleman Karen Aronowftz Hliarie Bass Donald 1. Bierman Tanzania Burnett George M. Burgess Dr. Kingsley Banya Alberto M. Carvaiho Hon. Jeri Beth Cohen Jacqul Colyer Bill Diggs Dr. Thresia B. Gambon Luis A. Gazltua Benjamin F. Gilbert, Jr. Mindy Gould Dr. Nora Hernandez- Hendrix Antoinette JG Hill Dr. Silvia La Villa Dr. Martin Karp Pamela Lillard Dr. Isaac Prllleltensky Rep. Yoily Roberson Evelio Torres David Lawrence Jr. Founding Chair Modesto E. Abety President & CEO County Attorney's Office Legal Counsel September 25, 2009 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: Out -Of- School Programs Contracts # 910 -567 Dear Mr. Balogun: S. y.. _.� CITY CLERK'S OFFICE Enclosed is the executed Out -of- School contract for your records. If you need any further assistance please do not hesitate to contact me at you earliest convenience via email at donald @thechildrentust.org or by telephone to 305 -571 -5700 ext. 25S. We appreciate your commitment and look forward to continuing to work with you and your agency in providing much need services to the families and children of this community. Respectfully, _4 pl Donald P, Loutsch Contract Manager Attachment SEP 2 6 2069 3150 SW 3t4 Avenue, 8a' Floor, Miami, Florida 33129 • Tel: 305 -571 -5700 / Fax: 305 -857 -9592+ www thechildrenstrust org CONTRACT NO. 910 -567 BETWEEN THE CHILDREN'S TRUST AND CITY OF SOUTH MIAMI FOR OUT -OF- SCHOOL FY 2009 -10 THIS CONTRACT, made and entered Into by and between The Children's Trust whose addrg6s is 3150 S,W, 3r1 Avenue, 8"" Floor, Miami, Florida 33129 and City of South Miami hereinafter referred to Is the "Provider" whose address is 6130 Sunset Drive, South Miami, Florida 33133143, states the conditions and covenants for the rendering of services to children and families (hereafter referred to as "Services ") for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and the Provider (somgtimes hereafter referred to as "Parties ") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from.August 1, 2009 through?july 31, 2010, subject to funding avallability'and Provider's performance. B. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed twice! and with the acknowledgement of the Provider. Renewal may not exceed a term equal to the term of the initial contract, for a total maximum of three (3) terms, In considering the exercise of any contract renewal, 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 the Provider that is ' deemed satisfactory in The Children's Trust's sole discretion, 4. The availability of funds from The Children's Trust, The Children's Trust is prohibitd.d 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 contr95t term'expires. .C. SCOPE OF SERVICES .. 1. Provider agrees to render services In accordance with the Scope of Services, Attachment A, to this Contract, Provider shall Implement the Scope of. Services; Attachment A, (n a manner deemed satisfactory to The Children's Trust. Any modification to the Scope of Services shall;not be *effective until approved, In writing, by The Children's Trust and the Provider. 2. The Scope of Services' activities and performance measures, as well as, other '' complete'and'accurate data and programming. Information, will. be usedin the evaluation of the.P,rovider' overall performance. 3. Provider agrees that all funding provided by The Children's Trust, pursuant to this .;Contract will be used exclusively for Services In and for the benefit of Miami -Dade County residents. D. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed $127,938. The Parties agree that should available funding to The Children's Trust be reduced, the amount payable under this Contract may be reduced at the sole option of The Children's Trust. Provider agrees to adhere to the Budget and Method of Payment outlined in Attachment B to this Contract. nn City Of South Miami Page 1 of 43 Contract #910 -567 Resolution 2009 -70-A E. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under another contract or grant from The Children's Trust or 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 by any provider 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 thei same purpose. Government agencies must certify that they have maintained their previous funding level when applying for additional funding from The Children's Trust. 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 for purposes of this Contract as individual Items with a value of $1,000 or greater which have a life expectancy of mor2 than one year. Capital equipment purchased with The Children's 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 for use by another funded program unless it Is fully depreciated. Provider must initiate return of such capital equipment to The Children's Trust. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset system when the capital equipment Is fully depreciated and In the possession of Provider. 4. Assignments and Subcontracts Neither Provider nor The Children's Trust shall assign this Contract to another party. Provider shall not subcontract any Services contemplated under this Contract without prior written approval of The Children's Trust. Provider shall Incorporate appropriate language form The Children's Trust contract Into its subcontracts and shall require that all subcontractors providing services shall!be governed by the terms and conditions of this contract. Provider shall submit a copy of said agreement to The Children's Trust within 30 days of its execution. All sub - contracted providers most agree to be monitored by or on behalf of The Children's Trust in the same manner as Provider under the terms of this contract. Provider and Subcontractor must be qualified to do business in the state; of Florida. Provider shall be responsible for all services performed and all expenses incurred with this Contract, Including services provided and expenses incurred by any and all subcontractors. It I's understood by Provider that The Children's Trust shall not be liable to a subcontractor for any expenses or liabilities incurred under any subcontract and Provider shall be solely liable under the subcontract. Provider agrees, at Provider's sole expense, to hold harmless and defend The Children's Trust against any such claims, demands or actions related to any subcontract. In no event shall The Children's Trust directly provide funds to any subcontractor. All payments to any authorized subcontractor shall be paid directly by Provider to the subcontractor. S. Religious Purposes Organizations and their faith -based community partners shall not use funds provided under this Contract to support inherently religious activities, such as religious instruction, worship, or proselytlzation. City of South Miami Page 2 of 43 Contract #910 -567 Resolution 2009 -70 -A 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. 7. Adverse Action or Proceeding Provider shall not utilize the funds provided under this Contract or any other funds provided by The Children's Trust to retain any legal counsel for any action or proceeding against The Children's Trust or any of Its agents, employees or officials. F. INDEMNIFICATION BY PROVIDER 1, Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 168.28, 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 the Provider or Its employees, agents, servants, partners, principals or sub contractors, except to the exi!ent arising from The Children's Trust's willful or wanton acts or omissions, or those of its employees or principals. 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 expressly understands and 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 as herein provided. 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 recotdings, 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 the Provider or with any applicable third party who has licensed or otherwise permitted the 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 add terms of this City of South Miami Page 3 of 43 Contract #910.567 Resolution 2009.70 -A 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 The Parties understand that 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, the - Provider retains sole ownership of intellectual property developed under this Contract. It Is the responsibility of the Provider to pay all required licensing fees if Intellectual property owned by other parties is incorporated by the Provider into the services required under this Contract. Such licensing should be in the exclusive name of the Provider. Payment for any such licensing fees or costs arising from the use of others' intellectual property shall be at the expense of the Provider. As applicable under Fla. Stat. Section 768.28, and to the extent permitted by and within the l'i'mitations of Fla. Stat. Section 768.28, the Parties shall Indemnify and hold each other harmless from liability bf 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 the Provider shall have occurred under this Contract if the Provider through action or omission causes any of the following: a. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term of this Contract; b. Falls to correct an Imminent safety concern or take acceptable corrective action; c. Ineffectively or Improperly uses The Children's Trust funds allocated under this Contract; d. Does not furnish the certificates of insurance required by this Contract or as determined by The Children's Trust; e. Does not meet or satisfy the conditions of award required by this Contract; f. 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; g. Does not submit or submits Incomplete or Incorrect required reports pursuant to the scope of Services in this Contract; h. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review the Provider's program, including required client datd; 1. Fails to comply with child abuse and incident reporting requirements; j. Attempts to meet Its obligations under this Contract through fraud, misrepresentation or material misstatement; k. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; I. Fails to meet the terms and conditions of any obligation or repayment schedule tb The Children's Trust or any of Its agencies; m. Falls to maintain the confidentiality of client flies, pursuant to Florida and federal laws; n. Fails to fulfill in a timely and proper manner any and all of Its obligations, covenants, contracts and stipulations in this Contract; o. Falls to comply with Background Screening, as required under 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 the Provider breaches this Contract; and fails to cure such breach within thirty ;(30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with the Provider to cure any breach of this Contract as may be permissible under state or City of South Miami Page 4 of 43 Contract #910 -567 Resolution 2009 -70 -A 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 cgntained in this Contract, costs, and 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 to the Provider of such suspension and specifying the effective date ;thereof, at least five business days before the effective date of suspension. On the effective date of suspension the Provider may (but shall not be obligated to) continue to perform the services provided for In this Contract, but the 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 tJ the Provider as of effective date shall cease, except that The Children's Trust shall continue to !review and pay 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 the Provider as a condition precedent to the resumption of payments and shall specify a reasonable date for compliance. The Children's ;Trust may also suspend any payments In whole or in part under any other contracts entered Ito between The Children's Trust and the Provider by providing separate written notice to the Provider of each such suspension and specifying the effective date thereof, 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 requests for payment as provided for to such other contracts for services that were performed and /or for deliverables that were substantially completed, at the sole discretion of The Children's Trust, prior to the effective date of such suspension. The Provider shall be responsible for all direct and indirect costs associated with such termination Including reasonable attorney's fees. c. The Children's Trust may terminate this Contract by giving written notice to the provider of such termination and specifying the date thereof at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust mayj(a) request the Provider to deliver to The Children's Trust clear and legible copies of ail finished or unfinished documents, studies, surveys, reports prepared and secured by the Provider with Trust funds under this Contract subject to the rights of the Provider thereto as provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been Improperly paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the Provider under this Contract, except that The Children`s Trust shall continue to review and pay 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 any other contracts entered into between The Children Trust and the Provider by, providing separate written notice to the Provider of each such termination and specifying the effective date thereof, 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 Ireview and pay 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. The 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 lirrlited to filing an action with a court of appropriate jurisdiction. The 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. e. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. J. INSURANCE REQUIREMENTS Provider shall have their insurance agent(s) provide to The Children's Trust within 30 days of contract execution, Certificates of Insurance or, as applicable, a letter of self- insurance Indicating coverage applicable to a Florida municipal corporation or written verification (binders) required under this section dr as determined City of South Miami Page 5 of 43 Contract #910 -567 Resolution 2009 -70 -A by The Children's Trust, except as required by Florida law for government entities. It IS the Provider's responsibility to comply with this requirement. 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 for the term of this contract. As a condition of the execution of the contract, The Chifdren's Trust will not disburse any funds until. The Children's Trust Is provided with the necessary Certificates of Insurance, letter of self - insurance or written verification (binders) and The Children's Trust has iapproved such documents, The Children's Trust shall have the rights to review said certificates or letters and, If applicable, reasonably require updating of types and amounts of coverage provided upon any renewal of t. is Contract. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance for all employees and non - incorporated independent contractors and non - incorporated consultants of the Provider, as required by ,lorida Statutes, Chapter 440. The employer's liability portion will be $500,000/$S00,000/$500,000 asp minimum. 2. Comprehensive General Liability insurance 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 the Provider :and non -owned coverage for their employees and /or sub - contractors 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 purchases( as non -owned without hired auto coverage, but rental cars can not be used in the course of the P'rovider's regular operations. Rental cars may be used for travel to attend conferences outside the tri -county area. 4. Automobile (lability coverage for all owned and /or leased vehicles of the Provider ':and non -owned coverage for their employees and /or sub - contractors not transporting program participants. The minimum amount of coverage is $300,OOD 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 purchases as non -owned without hired auto coverage, but rental cars can not be used In the course of the Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. 5. If applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children's Trust must be designated and shown as "Additional Insured as 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 prlor 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. 7. If applicable, Proof of Property Coverage is required when the Provider has capital equipment paid for by The Children's Trust and said capital equipment is under the care custody and control of the Provider. The Children's Trust must be shown on the evidence of property coverage as'a Loss Payee. Certificate holder must read: The Children's Trust 3150 SW 3 "i Avenue, 8t6 Floor City of South Miami Page 6 of 43 Contract #910 -567 Resolution 2009 -70-A 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 "riass 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's Risk Management Division, or the company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" Issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. The Provider 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. In the event of any change in the 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 the Provider until a new Certificate of Insurance or written verification (binders) of insurance required under this section Is submitted and approved by The Chlidrs n'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 the Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws, 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 the Provider for any liability of any nature related to performance under this Contract or otherwise. All Insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or policies of insurance. K. 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 the Provider's fiscal year end or other appropriate filing period permitted by law; If required by applicable law to be flied by the Provider, IRS 941 - quarterly federal tax return reports within thirty -five (35) calendar days after the quarter ends and If the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. L. NOTICES All notices pursuant to this Contract shall be In writing and sent by certified mail to the addresses for each Party appearing on the first page of this Contract, and In the case of notices to The Children's Trust, marked to the attention of Its President and CEO. It is each Party's responsibility to advise the othe'Party in writing of any changes in name, address and /or telephone number. M. AUTONOMY Both Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. It Is expressly understood and intended that Provider is only a recipient of City of South Miami Page 7 of 43 Contract #910 -567 Resolution 2009 -70 -A funding support and Is not an agent or instrumentality of The Children's Trust, and that Provider's agents and employees are not agents or employees of The Children's Trust. N. RECORDS, REPORTS, AUDITS AND MONITORING 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 compiled 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 i 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 who 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 vaas submitted to the 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 when the schedule ?of findings and questioned costs prepared by the Independent auditor discloses audit findings. In the; event that the Independent auditor does not disclose audit findings, Provider shall written notification tp 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 co.Mbined 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, agrees to have a program- specific audit relating tb The Children's Trust contract(s) in addition to the annual financial audit of the Provider's entire organization. This program- specifc 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 of a' combined total contract amount of $300,000 or more from The Children's Trust will be exempt from the program - specific audit requirement. 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 the Provider. The financial audit and other financial information will be used in the evaluation of the Provider's performance and the Provider's overall fiscal health soundness. 3. Access to records Provider shall provide access to all records Including subcontractors) 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 City of South Miami Page & of 43 Contract #910 -567 Resolution 2009.70 -A 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, Flscal/adminlstrative review and other techniques deemed reasonably necessary in The C;hildren'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, outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the audit and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such records will be retained by the;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 confiidentiality. 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, 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; all upon request by The Children's Trust. Provider shall retao 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. 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 f 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 City of South Miami Page 9 of 43 Contract #910 -567 Resolution 2009 -70 -A 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. B. 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, approvingand 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. O. 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. P. 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. Q. EMPLOYEE BACKGROUND SCREENING ' In accordance with Sections 943.0542, 954.01, 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. An Attestation; of Good Moral Character must be completed annually for each employee, volunteer, and subcontracted personnel who work In direct contact with children. The Provider shall re- screen each employee, volunteer and /or subcontractor every five years. Provider shall keep Attachment E: Affidavit for Level 2 Background Screenings in the Provider's personnel, volunteers, and /or sub - contractors files. R. 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, the Provider shall not be required to make any alteration to any public school building or other building or structure which is not owned by the Provider. S. REGULATORY COMPLIANCE 1. Non - discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of the Provider on the basis of race, color, gender, pregnancy, marltal 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. City of South Miami Page 10 of 43 Contract #910 -567 Resolution 2009 -70 -A 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 IIA 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 at 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 ofthese 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 bythe 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 Entitles 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, njay not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result In cancellation of this Contract and recovery of all monies paid hereto, and may result In debarment from The Children's Trust's competitive procurement activities. 3. Conflict of interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, www.miamidade.gov/etliics/`library/Ethlcs-Brochure 2005 odt 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 whistieblowers or retaliate against any employee who reports suspected cases of fraud or abuse. S. Licensing The 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 mu`nicipalitles, The Children's Trust or the federal government. The 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 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 the Provider and its employees. City of South Miami Page 11 of 43 Contract #910 -567 Resolution 2009-70 -A Provider shall complete an incident report in the event of any serious bodily injury to anyone within the scope of this Contract or arising out of the performance of this Contract. Provider shall provide written notification of the Incident together with a copy of the Incident report to The',Chlidren's Trust within three (3) working days after Provider Is informed of such incident. Provider shall provide written notification to The Children's Trust, within seven (7) days, if any legal action which is flied as a result of such an Injury. 7. Sexual Harassment Provider shall complete an Incident report in the event a client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee arising out of the performance of this Contract and the Provider has knowledge thereof. Provider shall; provide written notification to The Children's Trust within three (3) business days after Provider is Informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days, if any legal action which is filed as a result of such an alleged Incident. 8. Proof of Policies Provider (and subcontractor, as applicable) shall keep on file copies of Its policies Including but not limited to confidentiality, Incident reporting, sexual harassment, non - discrimination, equal opportunity and /or affirmative action, Americans with Disabilities Act, and drug -free workplace. T. CONSENT Provider must obtain parental /legal guardian consent for all minor participants and /or for adult; participants in the program for services; and to share Information with The Children's Trust for monitoring and evaluation purposes. Provider will ask participants to sign a voluntary Consent to Photograph form. The form is available in English, Spanish, and Creole and can be downloaded from www.thechlldrenstrust.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, Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. U. 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 re',quirements. 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 AttachmentC. 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 helpiine, as applicable and as defined in Attachment d: Programmatic Data Reporting Requirements. V. 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, advertlsements and signs within Its control recognize The Children's Trust for the support of all contracted activitles.'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 the 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, W. 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. Suchpubilcations will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will City of South Miami Page 12 of 43 Contract #910 -567 Resolution 2009 -70 -A have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of'websites or any other materials for dissemination to the media or general public: English: City of South Miami -After School and Summer Camp Program 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. Spanish: City of South Miami -After School and Summer Camp Program est'a financiado per El Fldecomiso de los Nifios (The Children's Trust). El Fidecomiso de los Nifios es una fuehte de flnanciacion, estabiecida per referendum pare mejorar las vidas de nihos y famlliasi an el Condado de Miami -Dade. Kreyol: City of South Miami -After School and Summer Camp Program finanse pa "The Childrenis Trust ". Trust la, se yon sous lajan ke gouvenman amerikin vote an referendom you ke'•li invests byen nan pwogram kap ameliore la Vi TI Moun ak fanmi yo nan Myaml Dade. Note: In cases where funding by The Children's Trust represents only a percentage of the Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." X. 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 13 of 43 Contract #910 -567 Resolution 2009 -70 -A Y. TOTALITY OF CONTRACT /SEVERABILITY OF PROVISIONS This Contract with Its attachments as referenced below contains all the terms and conditlons agreed upon by the parties: Attachment A: Scope of Services Attachment B: 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 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 any of the parties hereto. 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 The Children's Trust MIAMI -DADE COUNTY, By: by: (Signature of Author d Representative) (C9- Pf�tt3bl�k'rl�f�GpGGtt�-t ( Type or Print Name) C,r'C`C Mwpvcie-r- (Type or Print Title) Date: og «]itle�— Approved as to form and legal sufficiency County Attorney President and C(EO Date: Date: X&, 04 / This contract is not valid until signed by both parties THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of South Miami Page 14 of 43 Contract #910 -567 Resolution 2009 -70 -A . ATTACHMENT k. Scope of Services City of South Miami Page 15 of 43 Contract #910 -567 Resolution 2009 -70 -A Attachment A Out -of- School Scope of Services Contract No. 910 -567 Agency Name: City of South Miami Program Name: After School and Summer Camp 1. Program Summary (Limit to 100 words): The City of South Miami and its After School House & Summer Camp Programs will ptovide 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 internal 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 immediatyly neighboring communities. 2. Contracted Services: Number of slots to be filled GP: 65 GP: 100 daily., CWD: 5 CWD: 10 1., TntaL 7n Total: 110 Service Delivery:, After - School — August 24, 2009 to June 11, 2010 Literacy / Academics Literacy Activities: Reading computer software manipulative which Daily Includes Reading Rabbit, Sponge Bob Typing, and Spelling Bee Wizard. for 30 min Curriculum Used: Scholastic Reading Program, Theme Reading and Reading Literacy Activity Program. Accommodations for CWD: Mainstream and accommodate participant's ability with appropriate learning material. Working with ACT for necessary training to accommodate this group. Homework Assistance will be offered daily Monday through Thursday 4 x /wk for 30 (Fridays as needed) when school is in session. min per day Additional Academic Activltiest Thinking Skills Instruction to teach Daily for 1 /hr participants critical thinking and IQ building exercises, deductive per day reasoning skis, is, roblem solvin sg kills, creative thInkigg, and City of South Miami Page 16 of 43 Contract 8910 -567 Resolution 2009 -70 -A city of South Miami Page 17 of 43 Contract #910 -567 Resolution 2009 -70 -A L f�exe ear � Esc e s m r � structure of the Intellect. Science Instruction to help foster an appreciation for science through "Mad Science" programming and use learning manipulative and experiments using "Science Explorer" _pioq am as the basis for 4x/ for Ihr Field Trips: The University of Miami and The South Miami Library per grading �i period Llteracy Facilitators) Instructors Homework Assistance 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 clinics, camps and leagues Daily including youth soccer, flag football, kickball and basketball. for 30min/ Instructional jump rope class where kids learn to jump rope for i per day competition and fun while enhancing their physical fitness. Swimming and water safety,_ ___ -� -- - - - - -- - — Evidence Based Curriculum Used: SPARK program curricula are designed to be practical and effective tools for all physical activities and will be utilized to ensure that participants are getting the maximum results out of the fitness program. Accommodations for CWD: Mainstream and accommodate artfcl ant's ability_ -- - - -- Field Trips: The University of Miami Athletic Department and visits to Sx /90 Fuchs, Palmer, Dante Fascell and Marshall Williamson parks for minutes outdoor activities, — -- - - - - -- - -- - Fltness Facilitator(s): Recreation Leaders and Recreation Aides. Social Skills Social Skills Activities: 1 time /wk for Hosting self- improvement classes on anger management, bullying 30 min prevention, conflict resolution, team building, self grooming, and sharinq. - 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 City of South Miami Police Department 2x /1hr Social Skills Facllitator: Instructors, Recreation Leaders, Recreation) Aides and Volunteers. Family Involvement city of South Miami Page 17 of 43 Contract #910 -567 Resolution 2009 -70 -A � 0 Literacy Activities: Through the Summer Reading Program students Daily will actively participate In the recommended summer reading list for for 1 /hr school grades (groups /individuals). Students will then be required to per day City of South Miami Page 18 of 43 Contract #910 -567 Resolution 2009.70 -A 'p Family Involvement Activities: Family Night to promote parent involvement. Planned activities Include Quarterly/ 4 an Open House, Holiday Social, Spring Social and End of the Year hr minimum Pro ram _ -- Family Involvement Activity Facilitator(s): Senior Staff, Recreation Leaders, Recreation Aides and Volunteers. Enrichment Activities: Enrichment Activities; Arts & Craft will engage the students drawing mini artistic project and brief lessons In art history. Music will teach 1 time /wk for participants the importance of music, how to read music, and make 3D min music. Drama will engage students In theatrical presentations such as per day plays story telling etc. Dance will include a mixture of modern and classical dance Instructlon.� -- Accommodations for CWD: Mainstream and accommodate participant's ability. Field Trios: South Miami Hospital, The City of South Miami Police 1hr /every 3 Department, the Miami Dade Fire Department, and Mexican Cultural wks Arts Museum. — - - -- — Enrichment Activities Facilitator(s): Instructors, Recreation Leaders, Recreation Aides and Volunteers. Supervised Free Choice Activities: Game Play which Includes board games and sports activities of the student's choice. Fridays for Primary K & is' 30 min when Grade not on field T _ tri s _ Supervised Free - Choice Facilitator: Recreation Leader and Recreation Aides � 0 Literacy Activities: Through the Summer Reading Program students Daily will actively participate In the recommended summer reading list for for 1 /hr school grades (groups /individuals). Students will then be required to per day City of South Miami Page 18 of 43 Contract #910 -567 Resolution 2009.70 -A City of South Miami Page 19 of 43 Contract #910.567 Resolution 2009 -70 -A `• F' fir . - -- - ,.3 Curriculum Used: Scholastic Reading Program, Theme Reading and ;�,ii�`.'�' Reading Literacy Activity Program. �T Accommodations for CWD: Mainstream and accommodate participant's ability. Working with ACT for necessary training to accommodate this group. Additional Academic Activities :Language arts to increase the level of learning between school years to Include writing skills, vocabulary, 4 times wk s/ / study skills and overall organization of writing and speaking of writing and speaking. Math instruction to increase the level of learning for per da p y between school years Including basic math skills and Increased logic arithmetic thought process to Include the use of the Math Explorer Mad — _pEoqram•and Field Trips: South Miami Library and Museum of Science 2x per summer Li ter acv Facilitator(s) Instructors Academic Activities Facllitator(s): Instructors, Recreation Leaders, Recreation Aides Fitness Fitness Activities: Physical education, sports instruction and intramural programming. Youth will participate in clinics, camps and leagues Daily including youth soccer, flag football, kickball and basketball, for 1 hr Instructional jump rope class where kids learn to jump rope for per day competition and fun while enhancing their physical fitness. Swimming and Water safet , --- Evidence Based Curriculum Used: SPARK program curricula are designed to be practical and effective tools for all physical activities and will be utilized to ensure that participants are getting the maximum results out of the fitness program_ -- -- Accommodations for CWD: Mainstream and accommodate participant's ability. — Field Trips: A.D. Barnes and Tamiami Park for swimming and water 2 hr/ 1 day^ safety Instruction and South Miami Parks. per week Fitness Facilitator( s); Instructor, Recreational Leaders, Recreation Aides. Social Skills Social Skills Activities: Hosting self - improvement classes on anger e 4 times /wk management, bullying prevention, conflict resolution, team building, for min a self groom(ng, and sharing.. „per i. Curriculum Used: K -12 Giraffe Heroes Program, which consist of - - -- character development. — Accommodations for CWD Mainstream and accommodate participant's ability. City of South Miami Page 19 of 43 Contract #910.567 Resolution 2009 -70 -A 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 In a visible location at each service site. City of South Miami Page 20 of 43 Contract #'910 -567 Restitution 2009 -70 -A Pleid Trips: The City of South Miami Police Department and Miami 2 per Dade Hre Department summer Social Skills Facilitator: Instructors and Recreational Leaders Family Involvement Family k Involvement Activitles: Family members will be invited to a theatrical production featuring students In which students will showcase what they have learned 1 x per throughout the summer in their music and drama enrichment summer activities. Parents are encouraged to participate In the production. Family Involvement Activity Facilitator(s): Senior Staff, Recreational Leaders and Recreation Aides Enrichment and /or Theme -based Activities. Enrichment Activities: Arts & Craft will engage the students drawing mini artistic project and brief lessons in art history. Music will teach participants the Importance of music, how to read music, and make 4 for times/ wk times /wk Drama will engage students in theatrical presentations such as per day p plays story telling etc. Dance will Include a mixture of modern and classical dance Instruction. Accommodations for CWD: Mainstream and accommodate participant's ability Field Trips: Actors Playhouse, Miami River Boat Tour, Miami 1 time /week Sequarlum. for 2hrs Enrichment Activitles -Facilitator(s): Instructors, Recreation Leaders and Recreation Aides Supervised Free - Choice Activitles Supervised Free Choice Activities: 5 times /wk Game Play which includes board games and sports activities of the for 45 min students choice, per day Supervised Free - Choice Facliltator: 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 In a visible location at each service site. City of South Miami Page 20 of 43 Contract #'910 -567 Restitution 2009 -70 -A 3. outcome Performance Measures Provider shall measure outcome achievement and report on a this contract, basis as outlined in Attachment C of Compliance, performance and outcome testing and reporting requirements are outlined in Attachment C. N froSu"Pfi U t� s Improve academic skills or maintain oral reading skills Reading Fluency post tests; office support will enter and literacy 1 Minute Oral Instructors will !administer pre, mid Improve Mldpolnt Performance: 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 analyze reportsto assess and system; and Site Manager and End -of -Year Performance: Improve physical Director will review data for PACER Multi- 90% of children will Improve health and fitness accuracy and analyze reports to Stage Shuttle Run oral reading skills assess and Improve program enter data into data system and erformance. ; Improve physical Mldoo(nt Performance: PACER Multi -Stage Recreation Leaders will administer health and fitness 75% of children will improve Shuttle Run pre, mid, and post tests; fitness performance Recreation Leader will enter data and to assess and improve Into The Trust's. data system; and End -of -Year Performance: Site Manager and Director will review data for'raccuracy and 85% of children will Improve fitness performance analyze reportsito assess and Im rove ro ra'm erformance. Compliance, performance and outcome testing and reporting requirements are outlined in Attachment C. Compliance, performance and outcome testing and City of south Miami Contract #910.567 Resolution 2009 -70 -A reporting requirements are outlined In Page 21 of 43 e 85% of children will Improve 1 Minute Oral Instructors will administer pre and Improve academic skills or maintain oral reading skills Reading Fluency post tests; office support will enter and literacy data Into The Tfvst's data system; and Site Manager and Director will review data foriaccuracy and analyze reportsto assess and Improve prograo performancet Improve physical 85% of children will improve PACER Multi- Recreation Leader will administer health and fitness or maintain fitness Stage Shuttle Run pre and post tests; data clerk will performance enter data into data system and the Recreation Supervisor and Site Manager will prepare the reports and analyze the data for accuracy and to assess and improve program perfor mance: Compliance, performance and outcome testing and City of south Miami Contract #910.567 Resolution 2009 -70 -A reporting requirements are outlined In Page 21 of 43 Attachment C. 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 combinatlon thereof, to adequately and competently perform the duties, obligations, and Services set forth ip 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 in Attachment B- Budget. 5. Ratios: School Year 2009/2010: 12 Children (Slots) per 1 Direct Service School Year for Children with Disabilities Staff* 2009/2010: Children (Slots) per 1 Direct Service Staff* 13 Summer 2010: Children (Slots) per 1 Direct Service Staff* Summer for Children with Disabilities 2010: Children (Slots) per i 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 22 of 43 Contract #910 -567 Resolution 2009 -70 -A M! n S R ago S S �ggB�a� Y ggg &g� & R 5 6 C S d y� 3 3 @ � 4 ss 3 m c � = S o g n a � I S WIN a 5 g o 8 a � 3 gaol 3 C 3 a @ssa X �s. ? 8 885 gg n 2 5 2 a�^ m « 6 e=e a' � s bad L°a 5 tQ3 m 0aQ T� z�A e, o .-aM m 4dA pm -1 a� y9� O O b R tly loa Asa 4 � E m m c n m P• N d a ro= O y e a .b •tT qa 6 ^y 6 N Nn8 C m v O >a OT0 04 k 4�5 8gm a .M' s �T6 Z'V S3a KER m pNb � ry aa� 9 m N m S I Q 2b•.+ 11 •� R N N a a� �n �o �y 4p �q C� 'T c° s9 °' as a 4 N Y a P q S Lm W 4 m Z A o � m ° e "9 mRPi, > as gull NAP p 9 � C S s�"ao �TeS N�.G r°r• 0.1 k Q _CIW+ aair ,�3a AoY� om $3,S° $qo 9 3 m "aa2 8 1 P a g 8N � >9 Roe p °b 3 a �aX RAK g "yn2 3 � � via e M NyN W O p ry a 6 g�'ro n� �Qa �mN c¢ a Z ^o T9 Mary ao e�a X tip. ygX v' A 3 C, a'. o ro U i v m 3 W ER ERB 33 RON a p P TO .H lS4 D � � :,� p:.: •3 N A.} +. R G jQ( c y;$ • m N R MVP T. _ SN R Ea 44 fl .P' tt;. 11.,, ie4 ;3• aim �+ Y,E) JIM WON o `tai n sR o 1' O x 4�;• �' z = E E 6 11 tra.>' a T 4 4 A A tv�?�' Ai1 r :§L, n� q @K^f1 s by nr "a rry \q'a tr r v� }sue D +�WS. ,N. 4d3'`% w.Spin7 t F Sri fc i; "t'11� s '' HX�i� ',I 1 �m �lk ?y. RYt`WCt 1Z ?�A +^( )pS�y tli✓' 0 Y VO F ( T ( ? a s y �(fp v=`��.�in x t� It1 T. �HA`N�YkQ � Y*14.. lC 3 � • y (n <,P a.)w�4 \ C, ao e�a X tip. ygX v' A 3 C, a'. o ro U i v m 3 pn J4 laio n' in li pn ATTACHMENT r: Fiscal Requirements, Budget ! Method of Payment City of South Miami Page 25 of 43 Contract #910-567 Resolution 2009 -70 -A ATTACHMENT B 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), RS, 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 the Provider in an insured interest beating 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 the Provider in order for an extension request to be considered by The Children's Trust. Budget revisions Budget revisions) require prior written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their deslgnee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form as determined by The Children's Trust. The 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 the 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; the Provider: shall be paid in accordance with the approved budget and /or approved budget revision as set forth in this Attachment. Invoice Requirements The Provider shall submit an original request for payment, In the format prescribed by The Children's Trust and In accordance with the ap�roved budget or approved budget revision(s). The request for payment Is due on or before the fifteenth (15 ti) 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. The Children's Trust reserves the right to request any supporting documentatloni: A final request for payment (last monthly invoice of the contract term) from the 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. City of South Miami Page 26 of 43 Contract #910 -567 Resolution 2009 -70•A 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 suornit 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 the Provider falls to serve the number of participants and /or falls 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 The Provider shall maintain original records documenting actual expenditures and services provided according to the approved budget and scope of services as required. 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. Such methodology shall be made available to The Children's Trust upon request. THIS SPACE IS LEFT BLANK INTENTIONALLY City of South Miami Page 27 of 43 Contract #910 -567 Resolution 2009 -70 -A QRMATION Organization Name: Agency Fiscal Year: Program Title: 1 � Areas in Blue i 46 �66mpjofed% theAger)4 Attachment B, Contract #910667, Resoluilon #200940-A 28 of 43 Name of Source/ Department Of Matching Program Budget Agency oudget of Agency Agency Source of Funding Funds for the Program Budget Budget 127 538 00 121"936 W Trust Amount Re Puested Trust Other funding N��. 0100 X� 0.0% ... MlW --- MOW 3$ 250.00 06 a-0?.,;4 F, G . ......... 60 �O 00 0.0 St tat3rant m -- 000 T7 — — — — — — — I-A-11 .. -G k5n AF9 - 0 00 '000 0 v 27 401i'Ob 2740100 77777 tt7' 10, .c, CDSSubsldles V" , .1 , , 000 0,00 g 00 M r 475333 i3 475 331,7 CI 66t [Anil a.. z 7 0; 440.73,' 880440.73 ..$50 Attachment B, Contract #910667, Resoluilon #200940-A 28 of 43 m n `s n 3 a gS 9 x 3 4 9 s 6 b a a 3 m s u Y P R City of South Miami Staffing Plan Staffing Plan must EXACTLY match the paid and in-kind stafft volunteers, consultants and sub - contractors described in Attachment A and listed in the Program Budget, Add or delete rows and adjust links to the Progra i hn Budget as necessary. it s. A Ifter.... c 60 a I NN IN 41f"RRN Summer Ew" NINE gg W "M Bachelor's Degree + Experience, In Kidd Service. Rdsporisible for Responsible for direction and oversig i: of the program N N leadership of the entire program. i Parks Program Dir. the entire operation chelor's degree + Experience. In -Kind services, In Ohafgei Of payroll, Responsible for adin.1nistrztIve purcb.asft.of ie b erJOIS supplies ,etc. i N: operationsof,the pr,6gr'sn) to q 4_v.; Admin Assistant Idc1Pd6;Payei6JI*,:pON; as ng anti 6 if sc a u ng. sa&bloj. Exper erice� j�7KJndSefvI6 Qvorsees;tbs & Recreation Site Manager R if'ecOq d A 8 ;Summer ' il the entfre.p,fbgrannw u''icarnp and'Aftdr> rhool House (pqtqffis Recreation *SuO6rvIsI n In Kind $ervices, supervises the experience. supervisor Incharge sumnoricamp and After-School Recreation Supervisor I of After-School day today House Pfogfama operatl I ohs related to the charge of Recreation � s )'<! d 8 bgthe progra mming for After School ... reorfaatldnei tomponent of thip.'Aft9r.- : Program jlcif a high er programs . Recreation Leader 1A 4 so o 6) 1p 1 o a an ex e b are:hacessary to hold this tlw In charge of Recreation a t a , program 40ml n a Ve if t After - N . rogra m InI o a high ra S&00 u r r si Recreation Leader school diploma and experience are necessary to hold this In charge .of cordinstlon and Administer and monitor the guidelines Grant Coordinator :1 !N 6 icy Irripferdertation while po) that must be followed by funding —suflD (I =gt _ 0 CO )4ftcge— r-Oniza List Part - Time,/ _Seasonal EmDldvees aid — r home "IheY, oversee Instructor America a. Teaching t&tIf1c t + xpe ence lit a ; 6 Instructor Y y 1) 1 erica 9, do titers. Reads 9 Aflachment 8, Contraot 32 of 43 Resoluilon #2009-70-A City of South Miami Staffing Plan 99 E" we so WE JUS Mw11, - -N 600 catt M g WON homework assistance ±Expetlence and Ilter�cy programs. They oversee 1 Y 1 Y .............. oper4tton of the 12 America instructor Reads Program Tutors. igh •School In Kind ervices. Administer fitness Experience I fogafm Responsib a ad miftstering z Y RACM9fo:9t0dents. will facilitate PT Recreation Leader entire pWsIca fitness component. High School P_? IplqYpb *N@W9 wilth .Literacy, PT Recreation Aide JPY Experience Fit &10115911 Is, Field Trips aria ac Iv t es. .71 High School DJpom6 + ent I assts[ students wilth literacy, Win PT Recreation Aide Y Y Experience S �go,cj Skills, Field trips, and E rc activities. H §h School Diploma + Will assist students wilth Literacy, PT Recreation Aide Y 'Experience Fitness, octal Skills, Field Tripsi and nrlchmeht activities n�ff t High School Diploma 'Will assist students wilth Literacy, PT Recreation Aide - ' 0 Fitness, 5oclal Skills, Field Trips, and Seasonal ric me tactvite . Responsible + 9 . for providing .. , � ilr l + "-'9a- 1- I s p ' 5 UJ eAts w ilth Literacy, w1 Fitness S6dal , Sk 1 S, Field Trips, a nd for children d irling prog r am - -0 Enrichment activities, FT Recreation Aide - v� ... T fi computer training rami a I p; Seasonal " with C a tj ro pq a —Literacy, High School Dlplornb + . : WIII assist students Tents wilth PT Recreation Aide - I Y Experience I r Fitness, godia) Skills, Field Trips, and Seasonal Enrichment e Mt a_ ftLtit -1 es. High: School Diploma Will assist students wilth Literacy, PT Recreation Aide - b N Y kxpbr)dnCe Ills, Field Trips, and Fitness, Social Skills, seasonal High School Diploma + Will ass& students wilth Literacy, PT Recreation Aide - 6 Y Experience Fitness, Social. Skills, Field Trips, and Seasonal 7 4777-7.7 -4 ��7 6 + Mph School Diploma Will assist students v4JIth Lite racy, PT Recreation Aide - -Y Pkp'er a Field Trips, and Seasonal Enrolled at a College or Assist with liorneZ assistance iW 12 Tutors - America Reads 1 N 1 Y University and apart of the Litgody.: at Profee!ft- 310 Servi'des/ SUbCont0aidorS Teaching Certificate —InPhysleal i participants to jump rope W11 6:68C a SuperSonics Jumprope Inc. N JEdricat)6hr and L Jum hope . fqtflfnes!s competition and fun. —Human — M AD 11 Itylt b t . ooug y,com p e a R,.VJd ckg1 round checks of staff Resources- 9: , F5LE taftroun Chec Is Volunteer/Staff Recruitment N & Background Checks/Clearances - 3clem -a Ekper—lence� education. in Will teach �particlpantsthe ful-ortance 0 Scene. and increase )nt&est Mad Science, Inc, N through laxparlements. Attachment B. Contract #910.667, kowtution #2009-70•A $3 of 43 City of South Miami Staffing plan d , °z fter �5choo ->~a.� Summer : Elk � ' • � � r Justification al 6 ns ` ` �Desc 1"iors'�.fe's $ibJt Fell• , ,��r l�rasII'ax4eEea 4 Gd s �. � "� �x , gas r c"Y� -��-F `` -'Ff�` ph}YF Y•� cii'in t»' t '"�,�� r'a�ffle�.a�,sS'tlhed. � �'� se�`,� 9, kt ELi �ve� j';`( 4`�`,$,-e ,ye R s �T'- x -� - .s•� i ns*G f.r xca. .�MEN. z�$ '��3. r��y'�'�`i. ih 'theatrical High Spti'ooI Diploma; f .' yViil engage students 1 Tf i N Experlence pfesehtatlons such as plays story . Drama Instruction Services s • Ml�h So "ooI Diploma,k tWlll taaci'p'aticlpants:Ghe importance._ Music Instruction Services Expdriehce - -' �' of T"4sic <.how to read music,'and '. make'in3sic 1-19t, ybluiiYeers'r* di F hometyork'I S4 stance On ' ' T.B.A. 40 Volunteers 3" N ` A N,,, NbJttlj�imum- qualiffc dons .: ce ulred�?.�- •. "yeiefai gsslstvsl�Eh ro rarei.oeTatab s. * # 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 slot ratio If they are screened and trained and they workdays and times that match what would be required for a paid staff member in the position a volunteer occupies. Attachment 6, Cootfa9l #010.667, 34 of 43 Resolution $2008-70 -A �l,,,rogrammatic Data and Report'i Requirements We City of South Miami Page 35 of 43 Contract 5910 -567 Resolution 2009 -70 -A Attachment C Programmatic Data Reporting Requirements 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;5ervice (Attachment A). Reporting will include direct submission of Information into the electronic web -based reporting system (Data Tracker), as well as outcome, narrative, and satisfaction survey reports, as noted below. Use of the Data Tracker System requires staff attendance at training and user login. 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 the standards and to impose remedies on providers performing below the minimum standards. PARTICIPANTS EII iq bility - Children eligible for The Children's Trust funded Out -of- School programs will be school -age children ages 5 to 18 years. In addition, children with disabilities ages 18 -22 who; are enrolled in K12 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 the Data Tracker System within seven (7) days of program enrollment. 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). The demographic characteristics of the population served are an estimate by the .provider based upon the provider's stated target population. Compliance with this demographic gharacteristic will be measured at The Children's Trust's election during the year and is considered to $e a material term of this contract. • 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) • Additional /Other language(s) spoken (English, Spanish, Haitian Creole,'Other) • Child's Social Security # Child's Miami -Dade County Public Schools ID Number Child's Current Grade Level • Child's Current School • Health Insurance (yes /no) Does child have a disability? (yes /no) • Documentation of disability (Individualized Family Service Plan, Individualized Education Plan, Section 504 Plan, Medical diagnosis, diagnosis by a state certified /licensed professional, disability disclosed by the parent or guatdlan) • 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) Children with Disabilities - The Children's Trust requires that programs will serve children with disabilities, regardless of disability type or level, provided they can be safely and reasonably accommodated. City of South Miami Page 36 of 43 Contract #910 -567 Resolution 2009 -70 -A ACTIVITIES • Provider will ensure that approximately 75% of the program's operatipg hours are accounted for in planned activities. • A representative Daily Schedule of Activities for each period contracted must Pe provided to The Trust during negotiations and shall reflect the activities, frequency, add Intensity as outlined in Attachment A. Provider may modify the schedule(s), however, modifications that alter the type, frequency, intensity, and /or duration of the activities describedIn Attachment A will require a contract amendment. The current Schedule of Activities is to :be posted in a visible location at each service site, ATTENDANCE 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 most have their demographic information entered in the Data Tracker System before they can be assigned credit for attendance. These children are enrolled and expected to regularly attend during after school days (not Full Days and /or Saturdays only) and /or summer camp ;days. The Children's Trust recognizes that the number of children participating 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 during any measurement Interval selected by The Children's Trust, 85% of the dally slots are occupied, Attendance Compliance; Participant attendance for a given month shall be entered into Data Tracker fifteenth (15t1') of the following month, exclusive of legal holidays or weekends. by the Attendance Requirements: Days of Service - Refers to the number of days contracted to be delivered by providers during the school year and /or summer time. The Utilization Report in the Data Tracker System identifies this as, "Total offered sessions." During the school year 180 after- school days of service must be offered, and a ri7lnimum of 6 consecutive weeks (29 days) must be offered during the summer. + Average Attendance Per Day - Refers to the sum of the number of children in attendance each day during a specific time period, divided by the tdtal number of days in that time frame. All children with at least one day of attendance are counted towards the average attendance per day. This calculation tells us, on; average, how . many of the program's contracted slots /seats are filled on any given day. A minimum of 85% of slots contracted for participating children will be occupied onl a dally basis. • Retention Rate - Refers to the average number of days each child has attended the program based on the child's first day of attendance. The retention rate speaks to participant engagement. The total days of attendance for each child is;dlvided by the actual number of program days offered between the child's first and last days of attendance. Only chlidren.en rolled in the program for at least 60 calendar days will be Included in the school year retention rate calculation. This ensures; that retention for each child is calculated based on the maximum number of days that each Individual child can attend the program. Participants are expected to attend a minimum of 60% of program days offered (3 out of 5 of weekly sessions). • Utilization - Calculates the total utilization for each indicated output. "Actual" utilization is calculated by summing the total number of days attended by all participants (with at least i 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. In short, this percentage will tell you how often each output is being accessed /used by participants. The Trust; requires that City of South Miami Contract #910 -567 Resolution 2009 -70 -A Page 37 of 43 providers complete a minimum of 85% of the units of service contracted (child /days). 0UTCOME TESTING The purpose of evaluation Is to promote improvements in outcome ac . facilitate changes in program practices that result in better outcomes. Tc expect that all children will be evaluated and that all children (and program as result. All children attending COS programs must be tested using thi Fluency (ORF) to assess oral reading skills, and results must be entered in tt System. If a fitness outcome is part of the contract, the Progressive Aerobic Endurance Run (PACER) must be used, and results must be entered in th System. However, the original format of ORF and PACER may not be appropriate ft disabilities. In most cases, The Trust requires that adaptations are made PACER assessments. To address specific goals that are unique to the Individual, alternative assessments are conducted for Individuals who responding or performing via the standard (or even adapted) DRIP and /or I methods, Alternate measures will be identified during contract negotiatioi alternate outcome indicators will be developed based on previous performanc evement and that end, we can improve Oral Reading Data Tracker Data Tracker all children with the ORF and /or reds of a given re incapable of ,CER assessment , and if needed, levels. Data for assessments other ..than ORF and PACER must be reported in acustomized Excel spreadsheet, the Outcome Measures and Results Report. This report is submitted electronically to The Children's Trust by the applicable report due dates outlined in this document, Testing Compliance - For all outcomes contracted, administration must be as follows: School Year • Pre -test - 100% of children will be tested within 30 calendar days of enrollment, regardless of when enrollment occurs. • Mid -point test - 100% of children with at least one day of attendance b'.etween December Is' and January 15th must be tested within that timeframe. • Post -test - 100% of children with at least one day of attendance between May Land May 31 must be tested within that timeframe. 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 Oere administered within 2 weeks of the child's starting date in the summer camp program. • Post -test - 100% of children in attendance will be tested during thei final 14 calendar days of the summer program or no later than July 31s' 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. Data Entry Requirements - Scores for the Oral Reading Fluency (ORF) and the Progressive Aerobic Cardiovascular Endurance Run (PACER) test 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 (151h) day of the month following the month in which the tests were administered • Mid -test - By January 31, 2010 • Post -test - By June 15, 2010 Summer • Pre -test - By the fifteenth were administered • Post -test - By September (151h) day of the month following the month:.in which the tests 15, 2010 City of south Miami Page 38 of 43 Contract #910 -567 Resolution 2009-70•A Matched Sets Compliance - Matched sets refer to those children with at least: 2 tests within 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, 2010). 95% of children enrolled for 90+ days by May 31st will have been tested at least twice (based on number of calendar days between the first day of attendance through May 31, 2010). Summer • 90% of children enrolled for 30+ days by the end of the program Vyvill 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, a'nd 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; 8S% 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) 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 format is provided and available in the Trust website for download. The report must be submitted quarterly to The Trust. SATISFACTION SURVEYS 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 two options to administer the surveys to children, youth, and parents: 1. Online through Survey Monkey - Children and parents may opt to take the survey online. This Is the recommended option due to ease of administration and reporting. 2. Paper and pencil - Give a hard copy to each participant and his /her parent(s). Providers must enter all satisfaction survey results in the standard spreadsheet found at:http• / /www thechifdrenstrust orglindex.php ?option =com content &view = article &id = 286 &Itemid =304 and submit electronically 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 suppport 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 System, 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 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. City of South Miami Page 39 of 43 Contract #910 -567 Resolution 2009 -70 -A Protect RISE fop•/ /cps nova edu /proiectrise/) The Children's Trust requires that providers fully participate with Project RISE (Research, Inspiration, Support, and Evaluation), a quality improvement initiative offered to support and Improve Trust - funded out -of- school services. The major components of Project RISE include: • Training and dissemination of local program quality standards, as well as support for participant outcome evaluation and measurement (including fa,'r the required Oral Reading Fluency and PACER testing); ` • Support of program quality assessment and improvement pianOng using the School -Age Care Environmental Rating Scale (SACERS) - the required quality monitoring tool for self - evaluation and Improvement; and • Provision of group and individual provider training, technical assistance, supports and Incentives for ongoing quality Improvement, including speclflc guidance on developmentally - appropriate and culturally competent program activity design and implementation, curriculum choices, and content consultation (e.g., specific reading, fitness, social skills activities), as well as expert consultation to align program resources and outcomes to Trust standards. All Children Tooethe�ACT) Resource Network ( tt •//ccdh org /act /about act /) The Children's Trust requires that providers will attend trainings to educate them about the Inclusion of children with disabilities as required from time to time during the contract year. Inclusion requires that programs will be appropriately adapted to meet the needs of all participating children. The All Children Together (ACT) Resource Network is a resource available to offer training, technical assistance, mentoring, and consultation regarding provision of services to children with disabilities. REPORT DUE DATES *If the due date falls on a weekend/ holiday, then reports ara uue the day. The provider shall create and /or update annually their agency and program information in the Community Resource Directory maintained by Switchboard referrals to Children's Trust - funded services. Provider shall maintain accurate adding or deleting sites. Evidence that the profile(s) have been created provided to the Contract Manager within 30 days of execution of this contract. City of South Miami Contract #910-567 Resolution 2009 -70 -A following business profiles and site(s) of Miami to facilitate information including or updated must be Page 40 of 43 1. Outcome Measures and Results Report: Initial Report (Number of Pre -tests October 15, 2009 administered) (Excel, if applicable) 2. Program Narrative Report Word 1. Outcome Measures and Results Report: Mid - School Year January 31, 2010 Year Report (Excel, if applicable) 2009 -2010 2. Program Narrative Re ort Word 1. Program Narrative Report (Word) April 15, 2010 2. Satisfaction Survey Results (Excel and /or survey Monkey) 1. Outcome Measures and Results Report: End - June 15, 2010 of -Year Report (Excel, If applicable); 2. Program Narrative Report Word i a=�. .F�" T":'e'i4 =F V'�c� �cl:aa�S �+.. �FK''_:-6- ..�i'E'S'z3; ';�FT�')1.kT� ��-".�t �.�^��?,<:;a: .....�.�""� M..,...rt:..R�.a- ....vl ....'i�:.tmrnT"` "ecn � Y.4na 1. Summer Outcome Measures and Results Report (Excel, If applicable) Summer Camp September 15, Sept 2. Summer Program Narrative report (Word) 2010 3. Satisfaction Survey (Excel and /or Survey Monkey) *If the due date falls on a weekend/ holiday, then reports ara uue the day. The provider shall create and /or update annually their agency and program information in the Community Resource Directory maintained by Switchboard referrals to Children's Trust - funded services. Provider shall maintain accurate adding or deleting sites. Evidence that the profile(s) have been created provided to the Contract Manager within 30 days of execution of this contract. City of South Miami Contract #910-567 Resolution 2009 -70 -A following business profiles and site(s) of Miami to facilitate information including or updated must be Page 40 of 43 Attachment D Program Specific Audit Requirements The Program Specific Audit is to encompass an audit of The Children's Trust contracts) as follows: • Submission of: (a) schedule of total expenditures, reflecting expenditures during the 'audit period for each The Children's Trust contract by contract number; (b) If applicable, audit of attendance or other applicable unit for contracts whereby the method of payment Is the unit based method of payment as specified In Attachment 13; (c ) summary of schedule of prior audit findings, (d) disclosure of any significant finding(s) relating to The Children's Trust contract(s), (e) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number inuolved, 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 expenditures that describe the significant accounting; policies used In preparing the schedule; • Report whether contractual matching requirements were met, if applicable; Report whether the 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 for contracts reimbursed on the cost reimbursement payment method, testing for 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 the supplanting of funds, testing of match requirements, if applicable, and testing of attendance or other unit If the method of payment Is other than a cost reimbursement payment method. The auditor's report(s) as to the program specific audit shall state that the audit was conducted in accordance with the program specific audit requirements listed in The Children's Trust, contract(s) and include the following: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the 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 expenditures 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(s), 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 compiled 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(s) 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 41 of 43 Contract #910 -567 Resolution 2009 -70 -A 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 1412.465 Florida Statutes, and pursuant to the requirements of Paragraph Q. Employee Background Screening of this Contract, the undersigned affiant makes the following statement under oath, ul)der 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 (Agency CEO /Executive Director) Authorized Provider Representative of_(Provider Name) who being by me first duly sworn, deposes and says: Name of Contracted Provider I swear and affirm that the above -named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943,0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. (Signature of CEO /Exec Dir /HR Dir) Date: 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 42 of 43 Contract #910-567 Resolution 2009 -70 -A Attachment F Performance Improvement Plan Contract No. 910 -567 Agency Name: City of South Miami Program Name: After School and Summer Camp Program Performance Improvement Plan By this attachment a performance improvement plan will remain a part of this contract until the Provider has corrected all deficiencies, as solely determined by The Children's Trust. Provider agrees that any findings, reports and underlying work papers will be subject to complete review by The Children's Trust. Provider agrees to comply with and implement the part of a plan approved by The Children's Trust. Performance Improvement deliverables as listed Failure of the Provider to comply with the Performance Improvement Plan as set forth in Relsolutlor 70 -A will be a material breach of this contract as defined in Section I. below as #2009- City of South Miami Contract #910 -567 Resolution 2009.70 -A Page 43 of 43 9ICe-n.d 's ";. Plan: •o rammatic r we want/ Provider's utilization rate is low P ar : Provider must develop and :ad to include for the following perlod(s): implement a service and recruitment within 30 days e participation After School Days 08 -09: 36.5% plan that is likely to Increase the oflexecution to (aver # and number of participants served on a )ts filled daily) Provider's daily attendance rate is daily basis (dally slots) and assure that Ne are doing low for the following perlod(s): proposed days of service are offered in ilization (which Average Daliy Attendance 107: order to improve utilization. After School Days 08 -09: 42.59/o a combination days * kids) Performance: Provider will Performance: demonstrate an 85% (at a minimum): Reported by utilization rate and an Average Dally 12%15/09 In Attendance Rate by November30, DT;.S 2009 as reported by December 15, 2009 In the DataTracker System (DTS). Provider's retention rate is low for Plan: Provider must develop and Plan: Within the following period(s): implement a retention plan that Is likely 3d: days of After School Retention Rate: to Improve the overall retention rate by execution 42.69% Increasing the average days of attendance per participant. Performance: Provider will Performance: demonstrate a 60% retention rate (at a Re,'ported by minimum) by November 30, 2009 as 12/15/09 in reported by December 15, 2009 in the D-rS DataTracker System DTS . Provider has not submitted Develop a policy and procedure to 10/15/09 complete and accurate quarterly collect all needed data, prepare 1/31/10 4 /S5 /10 outcome or narrative program program reports, complete reports on a timely basis: 2 of 4 management review, and submit 6/15/10 re orts were late, accurate reports on a timely basis. How man y3 City of South Miami Contract #910 -567 Resolution 2009.70 -A Page 43 of 43 RESOLUTION NO.: 35 -09 -12844 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE CHILDREN'S TRUST FOR THE AFTER SCHOOL HOUSE IN THE AMOUNT OF $174,888.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been awarded a grant from the Children's Trust for the After School House in the amount of $174,888.00; and WHEREAS, the Mayor and City Commission wish to accept the awarded funds. WHEREAS, the Mayor and City Commission authorize the City Manager to execute a grant agreement with the Children's Trust for the After School House in the amount of $174,888.00 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute a grant agreement with the Children's Trust for the After School House in the amount of $174,888.00. Section 2: The attached exhibit is incorporate by reference into this resolution. ( PASSED AND ADOPTED this t4 day of "�4z ".?^ , 2009. ATTEST: n 'efTY CLERK File Name and Path AS TO FORM: APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea