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Res. No. 086-09-12895RESOLUTION NO. 86 -09 -12895 A RESOLUTION OF THE CITY OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO MAD SCIENCE SOUTH FLORIDA, INC. FOR AN AMOUNT OF $7,734.00 FOR THE PROVISION OF SCIENCE ENRICHMENT PROGRAMMING FOR THE AFTER SCHOOL HOUSE PROGRAM AS DESCRIBED IN THE CHILDREN'S TRUST GRANT AGREEMENT AND TO BE CHARGED TO THE CHILDREN'S TRUST GRANT ACCOUNT NUMBER 114- 2020 -519 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has received a grant from the Children's Trust for the purpose of providing After School Tutoring Services; and WHEREAS, one of the Children's Trust Grant provisions is for science enrichment activities; and WHEREAS, Mad Science South Florida, Inc. will provide their complete copyrighted science enrichment programming services for an amount of $7,734.00 to be charged to account number 114 -2020- 519 -3450 with a current balance of $17,437.00. NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the City Manager is authorized to issue a work order to Mad Science South Florida, Inc., for the provision of science enrichment programming for the After School House Program in an amount of $7,734.00 be charged to the Children's Trust Grant - After School House Program account number 114- 2020 - 519 -3450 with a balance of $17,437.00. Section 2. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this 5th day of May , 2009. ATTEST: Y CLE READ AND APPROVED AS TO FORM: Y ATTORNEY APPROV�/gE�Dj:( \\ Vii Vi O " ♦ P YOR i Commission Vote: 4 -0 Mayor: Horace Feliu Yea Vice Mayor: Brian Beasley Yea Commissioner: Valerie Newman Yea Commissioner: Velma Palmer Yea South Miami AR- America CRY CITY OF SOUTH MIAMI 1'"I' INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor Feliu, and Members oofthe City Commission Via: Ajibola Balogun, City Manager . ks " - From: Cesar Garcia, Director ' I Parks & Recreation Department Date: May 5, 2009 Agenda Item No.:_ Subject: Authorizing City Manager to execute a contract with Mad Science South Florida, INC. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF TI4E CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO MAD SCIENCE SOUTH FLORIDA, INC. FOR AN AMOUNT OF $7,734.00 FOR PROVISION OF SCIENCE ENRICHMENT PROGRAMMING FOR THE AFTER SCHOOL HOUSE PROGRAM AS DESCRIBED IN THE CHILDREN'S TRUST GRANT AGREEMENT AND TO BE CHARGED TO THE CHILDREN'S TRUST GRANT ACCOUNT NUMBER 114 - 2020 -519 -3450; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute a purchase order with Mad Science South Florida, Inc. for the provision of science enrichment programming for After School House Program participants through the Children's Trust Grant. Reason/Need: The City of South Miami has been awarded a grant from the Children's Trust. One of the provisions in the grant allows the City to issue a work order to Mad Science South Florida, Inc. in an effort to increase our children's interest in Science and reduce their fear of the new Science Florida Comprehensive Assessment Test (FCAT). In order to actively address the science education objectives as efficiently and effectively as possible, it would be in the City's best interest to issue a work order to Mad Science South Florida, Inc. for science education programming for the City of South Miami After School House Program. The attached resolution would allow the City Manager to issue a work order to Mad Science of South Florida, fine. They are the copyright holder of these specific science enrichment services and no other vendor offers the attached Sunshine State Science Standard approved services (Exhibit "A "- In Class Field Trip Curriculum) that have already been approved in the Children's Trust contract. Cost: $7,734.00 Funding Source: Funding for this service is included in the Children's Trust Grant - After School House Program account number 114 - 2020 -519 -3450; with a current balance of $17,437.00. Backup Documentation: Proposed Resolution Proposed Mad Science South Florida, Inc. Service Agreement RProposed Mad Science South Florida, Inc. Quote for Services Copy of Mad Science — In Class Field Trip Curriculum [� Copy of the City's agreement with the Children's Trust GM20OI13 CITY OF SOUTH MIAMI Fiscal Year 2009 Account Balance Inquiry Account number,. . . : 114- 2020 - 519.34 -50 Fund . . . . . . : 114 GRANTS FUND Department . . . . . . 20 RECREATION Division . . . .' 20 MULTI PURPOSE CENTER Activity basic . . . .51 GENERAL GOVERNMENT Sub activity . . . . 9 TRANSFERS Element . . . . . . 34 OTHER CONTRACTUAL SERVICE object . . . . . . . 50 CONT. SVCS. original budget . . . . . . . . . Revised budget . . . . . Actual expenditures - current Actual expenditures - ytd . . . . Unposted expenditures . . . . . . Encumbered amount . . . . . . . . Unposted encumbrances . . . . . . Pre - encumbrance amount . . . . Total expenditures & encumbrances: Unencumbered balance . . . FS= Encumbrances F7= Project data F10= Detail trans F11 =Acct activity list 4/29/09 14:49:43 0 17,437 03/31/2009 .00 .00 .00 .00 .00 .00 .00 0.00 17,437.00 100.0 F8 =Misc inquiry F9 =Misc update F12= Cancel F24 =More keys 292009 12:22 954- 344 -4366 Mad Science South Florida PAGE 2/3 • Science South • •. lNe bring, science to you! - 3782 NW 124 Ave., Coral Springs, FL, 33065 Tel.: (954) 344 -4403 Fax: (954) 344 -4366 Email: fun@madsciencesf.com Mr. Worrell Troup City of South Miami Parks and Recreation 5800 SW 66th St. Miami, M 33143 4/29/09 Dear Mr. Troup: Thank you for selecting Mad Science for science enrichment programs. We look forward to working with you and your kids. I wanted to confirm our booking information. Mad Science will perform our In- School Field Trip program at your facility. We will arrive about 20 minutes before the first session to do our setup. A week prior the program starts, you will receive a pre and post activity guide for each program to help reinforce the concepts and terms that will be presented. We will conduct 47 hops for a total of 75 students per the schedule below: Worlaheir Topic Date Start Time End Time GradeMds Teacher/Room Matter of Fact 5/6/2009 4:00 PM 6:01) PM 3 -8/50 licirnw R • 2 In Ecosystem Explorations 5/11/2009 4:00 PM 5:00 PM 6.5125 Science Room; lhr stanExplorations 5/13/2009 4:00 PM 5:ODPM 3.5/25 Science Room; Ilu Ms Machhms 5/1812009 4:00 PM 5:OD PM 6.8/25 Science Room; lhr Ms Machines 5202009 4:00 PM 5:OD PM 3 -525 Science Rome- Shr Detective Science 5/1912009 4:00 PM 6:OD PM 3.8/50 Science Room; 2 his TBD 6/9/2009 1:00 PM 4:0DPM K-3,4.5.6-up/75 Science Room; 3hr TBD 6/1112009 1:00 PM 4:OD PM K-3,4-5,&upf75 Science Room; 3hr TBD 6/16/2009 1:00 PM 4:0D PM K -3, 45 &u 5 Science Room; 3hr TBD 6/1612009 1:00 PM 4;DOPM X-3,4-5,6-up/75 Science Room 3hr TBD 6/23/2009 LOD PM 4:OD PM K -3 45 6-u /75 Science Room 3hr TBD 6/25/2009 1:00 PM 4:00 PM K-3,4-5,6-up/75 Science Room, 3hr TBD 6/30/2009 1:00 PM 4:OD PM X-3,4-5,6-up/75 Science Room; 3hr TED W12009 1:00 PM 4:0D PM K- 3,4- 56 -u/75 Science Room; 3hr TBD 7/142009 1:00 PM 4:00 PM K-3.4. &u p/75 Scienoc Room, 3hr TBD 7/21/2009 1:00 PM 4:00 PM K-3, 6-up/75 Science Rome; 3hr TBD 728/2009 1:D0 PM 4:00 PM K -3, 4 -5, 6 5 Science Room; 3hr TBD 814/2009 1:00 PM 4:00 PM K -3, 4 -5, 6-u 5 M. ce Room; 3hr TBD 8/112009 1:00 PM 4:OD PM K -3, 4 -5, 6-u 5 Soianco Room; 3hr Travel Charge: 50.00 Mileage: 266.00000, TeL Ill 305- 668 -7386, Eat. Far I 11305-668-7388 NOTE: Preschool programs are 30 mantes long and In clam field trips an 45-60 minutes long unless otherwise specified. NOTE: TBD program above will be correlated to weekly themes and Sunshine Science standards during summer camp and during after School. Mad Science will provide all of the required materials, equipment; and "Mad Scientists" necessary to successfully complete the sessions. The price for these services is $7734.00. This amount will be payable as follows: PYMTI r 512012009 $1416.00; PYMT2 — 613 012 009 $3402.00; PYMT3 — 713012009 $1944.00; PYMT4— 811L2009 $972.00. This document and prices are guaranteed for five (5) days. After five days and if Mad Science have not received your contract signed as per below, please call the office to see if your date and times are still available. Once again we thank you for choosing us to be a part of your curriculum. We look forward to bringing a fun, exciting, and educational science experience to your kids. If you need any help preparing for the Mad Science program please let me know. Sincerely, Maria C. De Pena, M Sc. Director Educational Programming Please sign and fax back with your approval. Client Signature Date Cancellation Policy: You may cancel this program(s) 15 days prior to program date(s) with no penalty. After 15 days a $50,00 cancellation fee per cancelled day will be assessed. PAGE 1 of 1 • AAAS American Association for the Advancement of Science • CSEF Children's Science Enrichment Foundation . • NSTA National Science Teachers Association • NAEYC National Association for the Education of Young Children 04292009 12:22 954-344-4366 Mad Science South Florida PAGE 313 Mad Science South Florida, Inc. 3782 NW 124 Ave Coral Springs, FL 33065 Phone # 954-3444403 Fax # 954-3444366 http://Www.madsDience.org/souffiflorida Invoice H 51V2009 U111 226 1 1 E Ifliffil"Isse", 11 F I 1 111119, 111 s: City of South Miami Parks and Recreation City of South Miami Parks and Recreation 5800 SW 66th St. 5800 SW 66th St Miami, FL 33143 Miami, FL 33143 g EUM: Uffil H i"EmE Mit ME.. Em" ........... 305-668-7386 Remit by Due Date 5/202009 irk HHE ... ... ffrgg • ggligigip": ........ MR E H. I ::M.Ni lie I i I - H.11 Nr H, .:=r.: ...... 3 I Mad Science In Class Fieldtrips, price for up to 25 children in 7,734.00 7,734.00 hourly pmum NOTE: 47 bows from May 6 - August 11, 2009 divided as follows: 8 hours for for 2008-2009 After School Program, 39 home for 2009 SikarneT See contract for details. Mad Science is the world's leader science provider, Subtotal $7,734.00 With over ISO franchises around the world, we partner with: Sales Tax (6.0%) $0.00 MGM Sludios, Scholastics, and Kenedy Space Center Ask us about BIRTHDAY Parties, Special EVENTS, Science CLUBS, In-class 1 Wl WORKSHOPS :EE Ec a EIN Tax ID#65-11514i8 Payments/Crd $0.00 Tbankg for your business! 1111111111111111m Mad Science Curriculum of Fad r approac art Onewx m Moving -N this c Motion forces a Sour Mid Science Mad Sc Machines pulleys, flags , A6,01 We In the Sea Measure Measure Children Reduce , ' r Student K-2 d'scwa - --- - th r - - . 11 ataffrough ins" are comaderid pest by v fiction, inertia and other physical rich weather is predicted and measured v f the planet an oil spill an affect wildlife. ✓ ✓ 0 - cems and some of the'charadednia that make them sure W Him physical processes at work in the ocem, classification systems, food webs and animal adaptations. ✓ , ✓ Grades '6 4 Students will gain an understanding between substance, compound and solutions. Nan s-on experiments w ll demonstrate Me canuerue Mirctology and homogeneous solutions. y Ecosystem ' Students will_esp!me the fascinating World ecasy;tems through hanih on actixd6 iheywill seam about too webs, energy transieg produces, consumers, carbon t Exploration dm ides carrying rapa tty and a }ology,' `,` � ✓ y ✓ ,, Energy Students will experience the htddamentals of energy by performing a series of hands on experiments that demonstrate both kinetic and potential energy. Burst Demonstrations that employ toys will illustrate how energy is conserved and will help to reinforce the concepts being introduced. ✓ ✓ ✓ ?Great In this class, students will try a variety of experiments all relating to gravity. They will explore how all objects are pulled toward the Earth by the force of gravity. Gravity Through hands-cm activities they will examine the force of gravity as well as identify the center of gravity of an assortment of objects. _ ✓ ✓ Mad Science Mad Science Machines will give the students a chance to experiment wilh simple machines. The students will work with: levers incline planes, wheels and axles, and Machines pulleys, through various hands-an activities. Students will build their very own machine to take home! ✓ ✓ ✓ Mineral This workshop provides students with an introduction to geology, including an understanding of the geological imcnaton processes for rocks and minerals, including 'Mania its classification systems, identification methods and physical properties. ✓ ✓ What do all living things have in common? CUB! Studemwiil learn, experiment and discover the basic component of cells. We will discuss: chlorophyll, chimoplast, Cells cytoplasm, Igsosome, membrane, mitochondria, nucleus, organelle, osmosis, photosynthesis, ribosome and golgi apparatus ✓ students will manipulate life,'sued human skeleton models,examine how Medifferentbones of our skeleton articulate and operate. Theywll team how In identify Bare ihandedstics of bones and shuns to determine se; race and height We will examine the morphological differences in the skulls of early man, Finally, students will Bones examine skeletal injuries, and determine the cause, diagnosis and treatment of wrious bone traumas. ✓ ✓ This program will introduce middieachool students to the molecular concept of DNA Students will replicate the structure of DNA in a novel way, and even replicate a DNA DNA molecule! Students will apply their newfound knowledge in a challenging forensic -style case study. ✓ ✓ Students will learn about the inheritance of traits, the principle of dominance, and how genotypes represent phenotype. Students will use their cdficai thinking skills by Heredity assembling creatures with unique phenotypes and genot ypes. Students Will discuss the societal implications of genetic technologies. ✓ Inner This workshop will take an in•deplh look at digestive and circulatory systems Students will learn to locate, name and orient the organs that make up these two systems and discuss how they interact Students will measure their blood pressure and construct a heart mode understand the function of this powerful organ. Workings - Student will dwalop an undemanding of earth and space and of the nlationship of earth to the other relesda! bodies in strum The snaltro mesDgadonswll involve calculative vmfxWith Space .models toexplore The seePOOOR and motion, and relatiomhip toddlezem celestial bodies Students wall learn about aslemids, comets, outer ed' ryse% gahvdes, meteDriec moon phase; Spectacular and noths sotfore and reuinfor, seasons and years Middle schoders wll explore fight relledl and edo of different celestial bodies and the relationship to their chemical coment Scientific This workshop introduces students to the common methodology used by scientists to formulate questions, make prediNons, develop and perform experiments, Method collect and analyze data and draw conclusions Studee'ts P( a presented With a the Scientific and asked to use the Inquiry Based Method. Detective Science will give the students a chance to step into the role of a Mad Science Detective They will explore the methods employed by forensic scientists to :Detective solve crimes such as: fingerydnt analysis, and dental records examination. ;Silence .. - - ✓ A'research study conducted by Char Associates, an independent consulting firm with current and previous work including projects for Apple Computer, IBM, Children's Television Workshop, Harvard Graduate of Education and National Science Foundation projects, indicated students who participated in Mad Science experienced an increase of 41.30/a in science content knowledge, r; i 12:22 %in'their interest in science and 18.6 0/o"in their attitudeshat "science is fun." , g tlm,�E H8 `c.E f 'T r. �agLg H pi J. o- 3 i R 9 1 A 09 IM A E as SH 1 a a V2 g" �7 UTSAOSITAat NO "11D mom MCODE32216 PERMIT NO 5" 9 F W. NUB v . o - E M.� ww " , '' E .9; ca �g � -5 1� Ulz 1 .0 m; F 6L C: w in U ;0 '0 w > a, oz x n, E C E w ci I I I X .0 -C C 115 "1 15- E 7a P—a' E 4 0 2 &;OO C. C:, j7w 2 -4 -p J= ... . ....... Mad science of Florida, Inc. 3782 NW 124th Ave Adention- . Coral Springs, FL 33065 • 0809 Educators and Parents! NASA & mad Science cougbovatwo to MIwIte the We also offet, exciting r School Enrichment Programs, Science Clubs, Afte 1 S I pedal Events, Assemblies, Vacation and Summer h a Parties and Preschool Prog , r , ms, Birthday y Programs. Proud d m6rrrbers of AISF AAAS, NSTA, NAA 954 -344 -4403 . Www.imadscieixce.org/southflorida ernall: fun thadsclencesf.corn J 0, E f RS X E :70 g T o 711 s £#6 cg c 3 P g -Eg J� I ta -Ev I - J3 Pg 9 E —a S E Fg ol CO If 8 R 9 H8 `c.E f 'T r. �agLg H pi J. o- 3 i R 9 1 A 09 IM A E as SH 1 a a V2 g" �7 UTSAOSITAat NO "11D mom MCODE32216 PERMIT NO 5" 9 F W. South Miami Atl- Ame�SeaCitY CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER zoos INTER - OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Carol M. Aubrun, Grants Writer and Administrator Date: March 3, 2009 Agenda Item No.: Subject: The Children's Trust Grant Request: 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. Request: To authorize the City Manager to execute an agreement with The Children's Trust Reason/Need: The City of South Miami has been awarded a grant for the After School House in the amount of $174,888.00 from the Children's Trust for a 12- month period. The funds will be available for two (2) program services (2008 -2009 regular school year and 2009 summer program). The City received the Authorization Letter, which allowed services to be provided throughout the contract negotiation process. The attached resolution will allow the City Manager to execute the agreement with the Children's Trust. Cost: $174,888.00 Funding Source: The Children's Trust Backup Documentation: ' ❑ Proposed Resolution O Contract ❑ Service Authorization Letter 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 1P day of A4410A '2009. WIPM14- =-Maiilg/a 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 Offlcers/Executlye committee Dr. WII J. Blechman Interim Chair Josee Gregoire Vice Chair Non. Isaac Salver Treasurer Isabel Afanador, Chair Program services Committee Maria A. Alonso, Chair Procurement Committee Hon, Norman S. Gerstein At -large Dr. Miguel Balsera At -large Dr. Judith Schaechter, Chair Health Committee moo Yvette Aleman Karen AronoWitz Hllarle Sass. Donald T. Bierman Tanzania Burnett George M. Burgess Kingsley Banya Alberto M. carvalho Dr. Gina Cortes- Suarez $111 Diggs Glida Ferradaz Luis A. Gazitua Benjamin F. GEibert, Jr. Mindy Gould Charisse Grant Dr, Silvia La Villa Hon, Barbara Jordan Dr. Martin Karp Hon. Lester Langer Pamela Liilard Dr. Rosa Martin Rep. YDlly Roberson Evello Torres David Williams, Jr. Chet•zerlln David Lawrence Jr. Founding Chair Modesto E. Abety President & CEO County Attorney's Office Legal Counsel The ChildreWsTrust Because All Children Are Our Children February 20, 2009 Ajibola Balogun City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE, Out -of- School Program Contract #810 -567 Dear Mr. Balogun: Enclosed please find two (2) copies of the Contract between The Children's Trust and City of South Miami for. Out-of-School Program. Both copies must be signed by an authorized agent of City of South Miami returned to The Children's Trust for execution. Please feel free to contact me if you have any questions regarding this matter. We look forward to working with you serving the children of Miaml -Dade County. Respectfully, Crave Contract Manager Attachment 3150 SW 3rd Ave. (Coral Way). 8th Floor, MIam4 Florida 33127 • Tel: 305 - 571 -570D • Fax 305.657.9592 • www.thechilrimnstrumorg CONTRACT NO. 810 -567 BETWEEN THE CHILDREN'S TRUST AND City of South Miami FOR OUT OF SCHOOL 2008 -09 THIS CONTRACT made and entered into by and between The Children's Trust whose address Is 3150 S.W. 3r4 Avenue, 8th Floor, Miami, Florida 33129 and City of South Miami hereinafter referred to as the "Provider" whose address is 6130 Sunset Drive, South Miami, Florida 33143, states the conditions and covenants for the rendering of services to children and families (hereafter referred to as "Services ") for The Children's Trust. In consideration of the mutual covenants herein, The Children's Trust and the Provider (sometimes hereafter referred to as "Parties ") agree as follows: A. EFFECTIVE TERM The effective term of this Contract shall be from August 1, 2008 through July 31, 2009, subject to funding availability and Provider's performance as expressly provided below. 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 and fiscal compliance by the Provider that is deemed satisfactory in The Children's Trust's sole discretion; and 4. The availability of funds from The Children's Trust. The Children's Trust is prohibited from creating obligations In anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions In the contract. S. If applicable, The Children's Trust in its sole discretion will initiate re- negotiation of this Contract before the contract term expires. C. SCOPE OF SERVICES 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, in 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. 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 $174,888.00. The Parties agree that should available funding to The Children's Trust be reduced, the amount payable under this Contract will be proportionately reduced at the sole option of The Children's Trust, with a proportionate reduction in the Services. Provider agrees to adhere to the Budget and Method of Payment outlined In Attachment B to this Contract. E. FISCAL MANAGEMENT 1. Double 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, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract.' 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used 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 city of South Miami Page 1 of 37 Contract 5810 -567, Resolution 2008 -92 by and currently available from local and state funding sources for the same_ purpose. Government agencies must certify The Children's that Trust, A violation maintained their section previous shall be considered level awhen materialbrieach of his Contract. from 3. Use of Cost Allocation Methodology Provider attests that no other reimbursement is available or used for Invoiced Services unless expressly authorized In writing by The Children's Trust. Provider shall develop and maintain a cost allocation methodology and a copy shall be submitted to The Children's Trust. 4. Capital Equipment Capital equipment Is Included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 645- 73.001, and is defined for purposes of this Contract as individual items with a value of $i3Ooo or greater which have a life expectancy of more than one year. Capital equipment purchased with Trust funds by Provider become assets of The Children's Trust; are Intended for The Children's Trust funded programs; are owned by The Children's Trust; and must be tagged at the time of purchase as an asset of The Children's Trust. The Children's Trust will work with Provider to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust, When Provider is no longer funded by The Children's Trust, the equipment will be -returned to The Children's Trust 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 if the capital equipment is fully depreciated and In the possession of Provider. S. 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 from The Children's Trust contract into its subcontract and shall require that all subcontractors providing services be governed by the terms and conditions of this same manner sub-contraed providers must as Provider under the terms o€ agree to contract. be monitored by or on behalf of The Children's Trust in the 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 is 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 shall The Childrn's Trust shall be paid directly provide Provider to to any tractor. All payments to any subcontractor. 6. 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 proselytization. 7. Lobbying Trust Provider r lobbying any federal, stye or provided al government or egislators other funds provided by The Children s S. 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 I. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall Indemnify and hold harmless The Children's Trust and Its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract Page 2 of 37 city of south Miami Contract #810 -567, Resolution 2008 -92 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 extent 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 recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data /materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in 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 and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY RIGHTS 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 rights must be made by the Provider from funds available under this Contract As applicable under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat, Section 768.28, the Parties shall Indemnify and hold each other harmless from liability of any nature or kind, Including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the Indemnifying Party in the performance of this Contract violates the intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by 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 City of South Miami Page 3 of 37 Contract #810-567, Resolution 2008-92 of this Contract; b. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; c. Does not furnish the certificates of insurance required by this Contract or as determined by The Children's Trust; d. Does not meet or satisfy the conditions of award required by this Contract; e, Fails to submit or submits Incorrect or Incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or falls to submit or submits Incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports; f. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; g. 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 data; h. Fails to comply with child abuse and incident reporting requirements; 1. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; j. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; k. Falls to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of Its agencies; 1. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws; m. Falls to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract; wired under this Contract. n. Fails to comply with Background Screening, as req. 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: 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 federal law. Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, and any judgments entered by a court of appropriate jurisdiction. 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. to the Provider as of this 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 condition precedent to 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 into 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 rive business days before effective date of such suspension, any Children's continue review and pay requests for payment as provided r In such other contracts for services that wereperformed 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 Indiret costs associated with such termination including reasonable attorney's fees. 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 clear such blemcopies ofhallCfinished Trust may documents, stud es, to surveys, reports prepared and nd 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 City of South Miami Page 4 of 37 Contract 4810 -567, Resolution 2008 -92 improperly paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the under Provider payment for services that were perform l continue review ed and /or d Ilverables that were subst ntially 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's 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 review 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. The Children's Trust may seek enforcement of this Contract including but not limited 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. The provisions of this Paragraph I shall survive the expiration or termination of this Contract. 3, INSURANCE REQUXREMENTS Except as required by Florida law for government entities, Provider shall 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 or as determined by The Children's Trust. The Children's Trust shall be named as an additional Insured as their interest may appear on all applicable policies. As a condition of the execution of the contract, The Children'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 approved 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 this Contract. Provider will carry insurance policies in the amounts and with the requirements Indicated below: 1, Worker's consultants ofpthe Providerinsurance s required by Florida Statutes, nChapter r440. non-Incorporated employer's liability portion d portionwill be $500,000/$500,000 /$500,000 as a 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. If applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children's Trust must be designated and shown as "Additional Insured as Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 4. 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 purchased as non -owned without hired auto coverage, but rental cars can not be City of South Miami Page 5 of 37 Contract #810 -567, Resolution 2008 -92 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. Automobile liability coverage for all owned and /or leased vehicles of the Provider and non -owned coverage for their employees and /or sub- cbntractors riot transporting program participants. The minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury" and property damage. The Children's designated 'Additional Interest r respects to this coverage. Coverage can be purchased as non -owned without hiredautco age, 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. 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 3f° Avenue, 81h Floor Miami, Florida 33129 classification and Rating All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust'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 insurance required under the submitted and approved by Insurance or written Trust, verification 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 ofinsurance. K. PROOF OF TAX STATUS Provider Is required to keep on file the following documentation for review by The Children's Trust. city of South Miami Page 6 of 37 contract #810 -567, Resolution 2006 -92 • 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 filed 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 other 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 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 complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. However, If any audit, claim, litigation, negotiation or other action involving this Contract or Modification hereto has commenced before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from It or until the end of the regular retention period, which ever is later. 2. Financial audit 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 audit firm 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. 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. If Provider receives a combined total of $300,000 or more from The Children's Trust from this or any other The Children's Trust contract, related to the fiscal year under audit, the Provider agrees to have a'program- specific audit relating to The Children's Trust contracts, in addition to the annual financial audit of the Provider's entire organization. This program - specific audit is to encompass an audit of The Children's Trust contract amounts and requires: Submission of: (a) schedule of total expenditures, reflecting expenditures during the audit period for each The Children's Trust contract by contract number, (b) summary of schedule of prior audit findings, (c) disclosure of any significant finding(s) relating to The Children's Trust contract(s), (d) disclosure of all questioned costs and liabilities due to The Children's Trust, with a reference to the contract number involved, and (e) 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. Format of report Is provided In Attachment D. A provider that does not meet the program - specific audit threshold requirement of a combined total of $300,000 City Of South Miami Page 7 of 37 Contract #810 -567, Resolution 2008 -92 or more from The Children's Trust, in the fiscal year being audited, will be exempt from the program - specific audit requirement In the fiscal year that the audit threshold is not met. 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 provide written notification to The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. 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. 3. Access to records The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosirig at The Children's Trust's expense. Provider shall provide access to all of its records 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 and financial standards, including access by The Children's Trust or Its designee, to Provider's independent auditor's working papers for complying with federal, state or local requirements. 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, flscaVadministrative review and other techniques deemed of monitoring findings will be delivered to Provider and Provider irwill ectifylall deficiencies i 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 rile 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 confidentiality. 6. Xnternal 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 results, 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) participant consent and Information release forms; (7) agency policies and procedures; and (8) such other information related to Service provision as described In Attachment A; all upon request by The Children's Trust. Provider shall retain all records for not less than five years beyond the last date that all applicable terms of this Contract have been complied with City of South Miami Page 8 of 37 Contract #810.567, Resolution 2008 -92 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, dissemi nation. or publication of confidential information as each parry uses to protect its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) Is rightfully received by the receiving party from a third. party without restriction on disclosure, (d) is independently developed by or for that party, (e) Is disclosed under operation of law, (f) Is disclosed by the receiving party with the other party's prior written approval or (g) Is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract shall remain In full Force and effect after the termination of this Contract. 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, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider. 0, MODIFICATIONS t Ay namiounttpayable variations, ntd effect ve term shat extensions valid waivers of reduced to Including but not approved and signed by both Parties. P, GOVERNING LAW Bt 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 jurisdiction of the involving fhe enforcement or the Eleventh Judicial Circui t, In and for, Miami- Dade Florida, l submitted. to the q. EMPLOYEE BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work In direct contact with children or who come Into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Depart ment of Law Enforcement (FDLE), VECHS 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. In addition, 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. 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 accommodations totincBy e children with disabilities andttheirr 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. city of South Miami Page 9 of 37 Contract #810 -567, liesolutlon 2008 -92 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, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that It has standards, policies, and practices necessary to render services in a manner that respects the worth of the Individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ( "County Code "), as amended, which prohibits discrimination In employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination In employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 at seq., which prohibits discrimination in employment and public accommodations because of disability. laws, The It is expressly understood that upon receipt of evidence discrimination Contract. u der if Provider or ang ownr, Children's Trust shall have the right to terminate all or any portion subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2, Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133; Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a, conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's Trust in excess of the threshold amount provided in Section. 287.017, convicted vendor list purchases for a period of thirty -six (36) months from the date of being placed on the o 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 o€ this Contract does not violate Miami Dade County's Conflict d Interest and Code of Ethics Ordinance, www miamidade gov /ethics /ilbrary/Ethics - Brochure -20D5. d 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 Provider shall comply with the following provisions of the Sarbanes -Oxley Act. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. S. Licensing The Provider shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, certifications, approvals, insurance, permits and accreditations, required by the State of Florida, Miami -Dade County, The Children's Trust or the federal government. 6. Proof of Policies Provider shall keep on file copies of its policies on non - discrlmination, equal opportunity and /or affirmative city of South Miami Page 10 of 37 Contract #810 -567, Resolution 2008 -92 . action, Americans with Disabilities Act, and drug -free workplace. 7. 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. Provider shall complete an Incident report In the event of any serious bodily injury to anyone within the scope arising of this Contract or h performance the Incident t g therwith a copyofthe Incident report to The4Chi dr eni'se shall provide Trustwithinthre notification e (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 filed as a result of such an injury. S. 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. T. CONSENT 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 will ask participants to sign a voluntary Consent to Photograph and for Communications. The form is available in English, Spanish, and Creole and must be downloaded from www.thechildrenstrust.org. All signed Consent forms will be submitted to the Contract Manager, with a copy filed In the participant's record. Any refusal of consent must be properly documented and signed by the parent or legal guaran on the Consent diation is current and form, updated Provi exiting illl the case Its best efforts to have each program participant's contact tf. PROGRAMMATIC DATA REPORTING 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 Reporting Requirements, subject programtnarrrative confidentiality in the format to bea reasonably Children's Trust with quarterly sonably specified by The Children's Trust. V. PUBLICITY Provider shall ensure ethat hall publicity, npublic relations, advertisements recognize and signs Children's wtthin is control recognize The children's Trust for the support of all contracted activities. The use of the official The 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 distribute a press release announcing that It has been awarded funding by The Children's Trust. 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. Such publications will state that the program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and H above. To the extent.permitted by the applicable journal or other publication source, Provider shall Include The Children's Trust logo and the following paragraph in all materials featuring programs funded by The Children's Trust, including but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for dissemination to the media or general public, city of South Miami - Page 11 of 37 Contract #810 -567, Resolution 2008 -92 English: City of South Miami is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County. Spanish: City of South Miami esta financiado por El Fidecomiso de los Nihos (The Children's Trust). El Fidecomiso de los Ni "nos es una fuente de financiacidn, establecida por referendum para mejorar las vidas de nifios y familfas en el Condado de Miami -Dade. Kreyol: City of south Miami finanse pa "The Children's Trust ". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' i! Investi byen nan pwogram kap amellore la VI Ti Moun ak fanmi yo nan Myam! Dade. thetabove language funding by The altered to read "The (organization) Is percentage of part by the funding, 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 singular, and pronouns shall be read as masculine, singular shall as Include the plural and pluml shall include the Y. TOTALITY OF CONTRACTJSEVERASILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget & Method of Payment Attachment C: Reporting Requirements Attachment D: Financial Audit and Financial Report Requirements Attachment E: 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 vold, 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 By: (Signature of Authorized Representative) Type or Print Name Date: Approved as to form and legal sufficiency Z1 .A�- LU The Children's Trust by: Modesto E. Abety, President/CEO Date: Date: Gee County Attorney This contract is not valid until signed by bath parties city of South Miami Contract #810 -567, Resolution 2006 -92 Page 12 of 37 ATTACHMENT A: SCOPE OF SERVICES city of South Miami Page 13 of 37 Contract #810 -557, Resolution 2008 -92 Attachment A Out -of- School Scope of Services . Contract No. 810 -567 Agency name: City of South Miami Program name: City of South Miami Parks and Recreation 1. Program Summary (Limit to loo words): The City of South Miami and its After School House & Summer Camp Programs will provide 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 - titled 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 individual growth for each child involved. 2. Target Population (Include the number to be served, ages, demographic characteristics, disabilities, and targeted geographic area(s) served, as applicable): South Miami staff and volunteers deliver out -of- school services through year -round after - school and summer camp programming. The target population consists primarily of children who come from single - parent homes residing within the South Miami CRA and its immediately neighboring communities. Most of the residents are of low - moderate income levels and students who participate In free and reduced lunch programs with 19% of our population 5 years of age and older legally having a disability of some sort. This program will serve 125 children with its After School Program and as many as 125 children during its Summer Camp Program primarily out of the South Miami Community Center (SMCC). The program will be fully inclusive and accessible and will Include children with physical (visual, hearing impaired, etc.) and leaming disabilities (autism, dyslexia; etc.). Literacy: Miami -Dade 'Count Public Schools (M -DCPS) requests that children in K -2 grade read a minimum of one book per day or a 15 min. minimum for 310 — 8" grade. Our homework assistance/literacy program will include a mandatory daily 30 minute minimum time frame. Once children have completed daily homework assignment with their America Reads tutors they will go directly into the reading programming directed by our literacy instructor GP-110 which will include the following: 1. Early Literacy Stations — Computers with software already installed which focus on reading phonics, literacy; CWD =15 & comprehension managed by our part-time computer tech. 2. Reading computer software manipulatives — Reading Rabbit, Sponge Bob typing, Spelling Bee Wizard, and Cat In the Hat managed by our part -time computer tech. 3. Scholastic Monthly Book Club — children's book total pages /books read by child on a daily basis are charted & managed by our Literacy Instructor and coordinated by our America Reads Tutors. Charts will be managed by City of south Miami Contract #810.557, Resolution 2008 -92 5 x week/1 hour per day/ for 39 weeks Page 14 of 37 most pages /books read by graoe. 4. America Reads Daily book reading log- title of grade appropriate book read by children will be tracked and filed. children K -2 will be encouraged to read a minimum of one grade appropriate book daily while grades 3 -8 will be tfacked by chaptersipages read. Weekly rotational field trips to the Citys public library for updated reading titles as Physical Fitness: t(ecreauvi i ��gu , ••• • • - -- - recreation component for our After School Program. The following is a listing of proposed recreational programming: 1. Physical Training Program — Hip -Hop 101 Class sessions — instructional Hip-Hop Dance classes where kids will learn to dance traditional hip -hop while exercising. GP =110 2. Super Sonics Jump rope program — instructional jump roping class where kids will learn to jump rope for competition and fun while enhancing their physical fitness. CWD =15 Sports Instruction & intramural Competition — Youth will participate in youth clinics, camps, & intramural competition including youth soccer, flag - football, lacrosse, kickball, basketball, field hockey, & t -ball. All scheduled sorts th activities e participants n the Affe r afterschool hours and rschool House Program.Ther entire physical fitness component will be facilitated by recreation leader with assistance bit recreation aides. Social Skills Building: We incorporate a variety of different opportunities for our children to improve their social skills, See below: 1. Hosting age- appropriate self improvement classes- bullying prevention, conflict resolution, team building, self grooming, interviewing skills and public speaking. Participants will complete assessment surveys. We will GP =110 utilize the K -12 Giraffe Heroes Program; which consists of character development. These services will be facilitated by guest speakers, instructors, recreation CWD =15 leaders and volunteers. _ 2. BI-Weakly talk sessions — "NOT TOPIC Incorporated to encourage open dialogue between children and staff in order to enhance our programming to meet their needs. The sessions aim to provoke intelligent conversations /discussions on a variety of thought Family Involvement: GP =110 Monthly Family Night— Once per month we will dedicate an event (pot -luck dinner meal, story telling, etc.) to promote a parent led function to foster parent involvement. During family night, events may include a monthly family CWD =15 movie night. City of south Miami Contract #810 -567, Resolution 2008 -42 5 x weekll hour per day /for 39 weeks 2 x week/30 mins /for 39 weeks 1 x month12 hrs /for'10 months Page 15 of 37 Page 16 of 37 City of South Miami Contract #810-567, Resolution 2008 -92 Roo Enrichment Activities Nutritional education -Teach children the importance of proper eating selections, eating routines, and portion Gp=110 control with use of heart-Wise manipulative. This I x week/1 component will be facilitated by senior staff and or hour per day/ recreation leader. Guest speakers may also be included 39 weeks CWD=15 from South Miami Hospital and Nutrition and Exercise Experts. Thinking Skills Instruction - Teach children the basic functions of critical thinking skills specifically using 2 x week/30 GP=110 the principles of intellect building and general logarithms and IQ building exercises. This mins per day/ component will be facilitated by instructors and 39 weeks CWD=15 conducted by recreation aide's, tutors, and volunteers. n ce of -u- Ic- Instruction - Teach children the im portance por KI: 2 x !us I ceducation and ho w to instruments and week/3 0 -60 GP=110 how to read and m ake m usc Wil I b e f ac jilt td b y d K-3`d Grade mins139 we e ks I nst ructors 1enjor staff, rec reat. on 2Id es, a n Only 2n� X volunteers. week/30 mins/39 weeks CWD=15 Science Instruction - Teach children science through 2 x weeki'30-60 GP=110 "Mad Science" Programming and use ' learning and experiments using the "Science rains per manipulatives Explorer program" as the basis for It methodology. day/39 weeks CWD = 15 This component will be facilitat6d by Instructors with the heIR of recreation leaders and aides. Page 16 of 37 City of South Miami Contract #810-567, Resolution 2008 -92 .fir- tt� A 1i tl {� 'i'�Y J, •.f•�':. ,+5 .8'.s. G ��':.�""', m p: ". .Y "-�,x: nisd� "G;h?'i�1tsP> i� �M = {.rfs..'�i`�4 ,+0.:• '� .y .• {�� ,�a /r �el�'k t� �@��n� ;,t~`t, rc! "lU.t, '2a'�i. A( I'M � lt'vitiear',..'K Students will engage in theatrical presentations (plays, story telling, oratorical competitions, etc). A live production featuring students will take place at the end of the program. Students will be encouraged to increase their reading outside of the program with news journal. — Children in 3rd — 8in grade will be required to read and show comprehension by reporting on information read. The Literacy instructor will be in charge of this program with the hel of the America Reads tutors. Physical Fitness: Recreation Leaders will head the recreation component for our Summer Camp Program with the assistance of the 15 PT Seasonal Recreation Aides. 1, Physical Training Program — Nip -Hop 101 Class sessions — Instructional Hip -Hop Dance classes where kids will learn to dance traditional hip -hop while 5 x week/1 exercising. GP= 2, Jump rope program — Instructional jump roping hour per GP 110 ciass where kids will learn to jump rope for competition day /for and fun While enhancing their physical fitness. 10 weeks CWD CWD` 3, Sports insiruction & intramural programming — 15 Youth will, youth participate ftagtfootibail, lacrosse kickball leagues including y basketball, field hockey, & t -ball. Swimming &water safety Instruction —To be,conducted at AD, Barnes on a weekly basis. All scheduled sports activities are during afterschooi hours and are for the participants in the ARerschool House Program. The entire physical fitness component will be facilitated by recreation lead It assistance b recreation aides. octal Skills' Building: We incorporate a variety - different opportunities for our children to improve their social skills. See below: 1. Hosting age - appropriate self improvement classes - bullying prevention, conflict resolution, team building, self grooming, interviewing skills and public speaking. Participants will complete assessment surveys: We will 5 x week/1 GP GP= utilize the K•12 Giraffe Heroes Program; which hour per 110 consists of character development. These services will day /for 10 be facilitated by guest speakers, instructors, recreation weeks CWD CWD _ leaders and volunteers. 15 2, BI- Weekly talk sessions —"HOT TOPIC"— incorporated to encourage open dialogue between children and staff in order to enhance our programming to meet their needs. The sessions aim to provoke intelligent conversations /discussions on a variety of thouc jht provoking topics.. Week!yFFieId trips will a11OwY_ Page 17 of 37 City of South Miami Contract #810 -567, Resolution 2008.92 students to engage witn ornate, it 'u,.:n.� ...••...._.. peers and other adults. Field Trips will include: Miccosoukee Tribe of Indians; Jewish Holocaust Center, African American History Museum, and Junior Detention Page 18 of 37 City of South Miami Contract #aio•567, Resolution 2008 -92 Family Involvement Monthly Family Night — once per month we will dedicate will use 3 -1 hour GP= .an event (pot -luck dinner meal, story telling, etc.) to Introductory 1 x month /2 GP GP= 110 "promote a parent led function to foster parent During family night events may include a , ht 2 Times in August 3 CWD= ,involvement. monthly family movie night. Family members will be advanced sessions CWD CWD= invited to attend a theatrical production featuring curriculum _5 CWD is students. Recreation Leader and Recreation Aides will 7x week/1 hour er 110 facilitate. day /for 10 GP Enrichment Activities: Mad Science Instruction program —This programming weeks CWD= will intensify our children's knowledge of science and GP= increase their interest In Science thus reduce their fear K — 3,a Grade 1 x week/1 GP 110 for the subject. The manipulative used in this program hour/for 10 will also help children retain vital information that can weeks CWD= be used for their studies in the subject while preparing CWD 15 them for the new Science FCAT Exam, by way of group activity sessions. Will be facilitated by instructors with assistance of Recreation Aides. GP= Math and Science explorer programs —These enhance the learning involved in the 2 x month /1 GP 110 manipulative will classrooms and give children visual projects they can All Grades hour /for 2 work on to further understand the subject matter. Will sessions CWD= be facilitated by instructors with assistance of CWD is Recreation Aides. Children's Technology Workshop —Video game — GP= creation. This program will engage children In as they wit! learn how to create km — le 1 x week /2 10 Gp 110 Information Technology their very own video games. This program utilizes Grade hourslfor weeks math, reasoning, & understanding to teach children CWD= how to maximize their energetic capabilities while Will be facilitated by CWD is sharpening their computer skills. Page 18 of 37 City of South Miami Contract #aio•567, Resolution 2008 -92 Financial Classes -`Cite 6 Learning about the stock will use 3 -1 hour GP= learn: how to balance a checkbook, & Investments, foreign currency, savings Introductory sessions during GP 110 market accounts, and retirement. Aides, and guest speakers will curriculum use the summer CWD= Instructors, Recreation advanced CWD is facilitate. curriculum _5 __GP= Arts & Crafts Classes to include drawing, coloring, 7x week/1 hour er 110 painting: and origami. Will be facilitated by instructors day /for 10 GP with assistance of Recreation Aides. weeks CWD= Page 18 of 37 City of South Miami Contract #aio•567, Resolution 2008 -92 GP= GP 110 Ballet, and Eastern Indian. Will be acflitated by Instructors and volunteers with assistance of CWD= Recreation Aides. CWD 1D t Provider will ensure that all children and youth have a lunch and and full -day program days and a snack during after - school and partial day program days. 3 x week/1 hour /for 10 weeks 3 x week/1 houdfor10 weeks 4 x week/1 hour /for 10 weeks 4 x week/1 hourifor 10 weeks W-a minimum, during summer 4. Performance Measures Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of this contract. improve oral reading skills and+ lite _ ... and literacy disabilities Improve or maintain oral reading skills fitness I improve fitness performance 'iN,vMYn,. +." . I .�.. One Minute Oral GP= c GOmpurers — i � ,,,..,u,... «.,..._ ., F.-,,. - using Reading Rabbit GP 110 of the Internet, and arithmetic Director for repoding and and Math Blaster Software. anal sls. CWD= Instructors will administer pre, post ril :WD 15 -- Language Arts — increase the level of learning between provide data to Site Manager or GP= school years to include writing skills, vocabulary, GP 110 preparation skills, study skills, and overall organization CWD= of writing and speaking. :WD 15 GP= Math Instruction — Increase the level of teaming between school years to include basic math awareness GP 110 and Increased ]ogle arithmetic thought process to include the use of the Math Explorer program. CWD= CWD 1D t Provider will ensure that all children and youth have a lunch and and full -day program days and a snack during after - school and partial day program days. 3 x week/1 hour /for 10 weeks 3 x week/1 houdfor10 weeks 4 x week/1 hour /for 10 weeks 4 x week/1 hourifor 10 weeks W-a minimum, during summer 4. Performance Measures Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of this contract. improve oral reading skills and+ lite _ ... and literacy disabilities Improve or maintain oral reading skills fitness I improve fitness performance 'iN,vMYn,. +." . I .�.. One Minute Oral Instructors Wfll ad m nis er pre, Id ta clerk Reading Fluency dta into data system anaitl enter provide data to Site Manager or Director for repoding and anal sls. One Minute Oral Instructors will administer pre, post ril Reading Fluency enmid ter da a nto data system and provide data to Site Manager or Director for reporting and rmly 'Nv ,.,.,w .....o- .._._ . Shuttle Run pre, mid, and post tests and provide data to Recreation Supervisor or Site Manager for reporting and analysis. Pacers multi -stage shuttle run will be Page 19 of 37 City of South Miami Contract ' #810.567, Resolution 2008.92 During the after - school program, it is expected that all participants will be pre - tested within two weeks of enrollment, regardless of when enrollment occurs. Mid -tests for reading will be administered to all a in participants in attendance in December before the holiday recess, and all participants after - school in May will be post- tested. during the last two weeks of the after- school program. owe_ .�ri nnsr -test data will be reported as outlined in Attachment C. the During the summer camp program, all children will De plu- LUoLuu ......... -- °- — - program, regardless of when enrollment occurs. Post -tests administered in the after - school program may serve as pre -tests for returning children if they were administered within 2 weeks of the child's starting date in the summer camp program. it is also expected that all participants in attendance will be post- tested during the last two weeks of participation in the summer program or no later than )uly 31" if the Provider will not be funded by The Children's Trust for Out -of- School services after that date. Pre- and post -test data will be reported as outlined. in Attachment C. 6. staff Qualifications, Parks & Pro9 @!n oaumry v y. »•• S Fr 1 FP Director {1) In Ind Staff or experience /knowledge for oversight of the program of management of child Rego: N Ratio: N care services and parks Page 20 of 37 city of south Miami Contract #810-567, Resolution 2006 -92 1Ff I 1F1 Ratio: N Ratio: N 1 FT 1 Fr Ratio: N I Ratio: N (1) In -Kind Staff Recreation Site Manager (1) In -Kind Staff '— Recreation Supervisor 1 Fr 1 Ff (1) In -Kind Staff Ratio: N Ratio: N 2 Fr 2Fr Recreational Leaders (2) - (In -Kind Staff) Ratio: N I Ratio: N Bachelor's degree or experience in administrative working within child care services and /or parks & -Bachelor's degree or experience in child care services and /or parks & recreation activities. Supervisory experience experience in child care services and /or parks & recreation activities. Supervisory experience 5E�� recreation activities. and /or 1 Fr 1 FT Grant Administrator (1) administrative - (Staff) experience. A Ratio: N Ratio: N administering grants containing child care services and /or parks & recreation activities 3PT ( 3PT i instructors (3) - (Staff) Ratio: Y Ratio: Y 1 PT 1 PT I Recreational Leader (1) (Staff) g PT Ratio: Y 12 PT 14 PT Ratio: Y 12 PT Recreational Staff) 8 are seasonal Ratio: N Ratio: N Tutors (12) - (In-Kind) Ratio: N I Ratio: N 140 (Volunteers) City of South Miami Contract #810 -567, Resolution 20D8 -92 In -Kind Service. In char payroll, purchasing of materials, supplies, etc. Summer Camp and After - School House Programs the Summer Camp and After - School House Programs Recreational components of after school and summer /inputting and reporting for program. Debi MI v' a ....y. -- -•• -. — Teaching Certificate and homework assistance to include adherence to reading experience in child care services and /or parks & programs, recreation activities. Experience in child care oversee the care of services and /or parks & participants and assist in recreation activities, running of programs. Experience in child care services and /or parks & Provide care of participants and assist in running of ' recreation activities. programs., Experience in same or similar tutoring position In-Kind Service. Assist Instructors with homework having worked with child completion and reading Experience in or anorcy , "b' °" ' — to work in child care or tutors, and aides, in execution parks &recreation m nitoring programs, children, setting. chaperones to field trips, under the supervision of Page 21 of 37 syvgaQKfflYWt rr -, ,: -;� ,... ,....,m_- _..... _ Conduct Jump Rope services 1 PT 1 PT Contractor /Professional Expetie programming for children of the program Ratb: N Ratio: N Service: Supersonics Jump Rope Associate for parks & recreation curriculum i settings preferred. under the guidance of Recreation Supervisor & Experience in yourn -6-PT- 1 P7 Contractor /Professiona3 EXP development Technology Creation Services Ratio: N Ratio: N Service: Children's technology P for children of the program Technology Workshop programs. under an established Associate curriculum under the guidance of Recreation Supervisor & Recreation Leader, 6. Ratios: School Year 2008/2Q09: 13 Children per 1 Direct Service.Staff vaar for children with Disabilities 2008/2009: Children er 1 Direct Service Staff Summer 2009: 13 Children per 1 Direct Service Staff Children per.1 Direct Service Staff Summer for Children with Disabilities 2009: Children per 1 Direct Service Staff Innovative Summer 2009: 7. Best practices: an I. Provider shall perform its duties, obligations; ' and services and u dinterhis is Contract and final in a skit(s)1 prod ided to respectful manner. The quality Provider's performance or on behalf of The Trust shalt be comparable to local, state and national best practice standards, THIS SPACE IS LEF-r BLANK INTENTIONALLY Page 22 of 37 city of South Miami contract #810-567, Resolution 2008 -92 1 PT Contractor /Professional Experience ,in you Services for children of the i PT Ratio: N Ratio: N Service: Mad Science educational g program under an established AssOciate curriculum under the guidance of Recreation Supervisor & Recreation Leader. Contractor /Professional in Youth Conduct Hip-Hop Dance Services for children of the 1 PT Ratio: N 0 PT Ratio: N Service: No Easy Props dance1e roe rammi g for programming &recreation ro ram under an established ri _ Hip Hop 101 Associate parks setting is preferred. curriculum under the guidance of Recreation Supervisor & Experience in yourn -6-PT- 1 P7 Contractor /Professiona3 EXP development Technology Creation Services Ratio: N Ratio: N Service: Children's technology P for children of the program Technology Workshop programs. under an established Associate curriculum under the guidance of Recreation Supervisor & Recreation Leader, 6. Ratios: School Year 2008/2Q09: 13 Children per 1 Direct Service.Staff vaar for children with Disabilities 2008/2009: Children er 1 Direct Service Staff Summer 2009: 13 Children per 1 Direct Service Staff Children per.1 Direct Service Staff Summer for Children with Disabilities 2009: Children per 1 Direct Service Staff Innovative Summer 2009: 7. Best practices: an I. Provider shall perform its duties, obligations; ' and services and u dinterhis is Contract and final in a skit(s)1 prod ided to respectful manner. The quality Provider's performance or on behalf of The Trust shalt be comparable to local, state and national best practice standards, THIS SPACE IS LEF-r BLANK INTENTIONALLY Page 22 of 37 city of South Miami contract #810-567, Resolution 2008 -92 ( k / !! ION £!! ! ;! f; \ i |,| /) £|! \)} /k\ #k| ,!! |7� !/ | |! /k\ ,a mti � || §|| {� ,|f§ )is. ) !!!! ,l r, (i |7 k ) \\ # ! ! ppe !|!; !•! � \k . .|/ I\| \} � !!! |!| { 2f . k( /| k �| }� / \ gege ¢Q N N �I ti i ytsia is.i �' I I I n n i I gr w q > R II> !II < (d g o ! � 2 n p m a e a o e o i a I 4� d G 8 s e ; � a c' two Q � a � U n b a ryv L R -cl- 0 X 3 O p ,tin 1 E I I I a ` I z > � o 1 pie g a e e � S }a a r e i a> „¢ 5 I� 3. D1� O rn o a n ry ti O C X M n F g` d my w N 1 !i n d ei n A R m n c Q !U lu 3 w m o 2� m° n roo a W i >< g a Q S o �i Ix a 2 K n o Q n ,m 0 �o y�. n 4 � 3 x A I ID nl ATTACHMENT B Budget & Method of Payment Page 25 of 37 City or south Miami Contract #810-567, Resolution 2008 -92 ATTACHMENT B FISCAL. REQUIREMENTS, BUDGET & METHOD OF PAYMENT Advance vm_ enY req Uests The Children's Trust offers advance payments up to fora of the total contract amount. Advance requests shall limited to governmental entities and not - for -profit corporations, in accordance with subsection payment requests must be The advance request is to _include the amount reque��e eand n writing by Theo Childaenns Trust's Cont at Manager and submitted using the designated form and must be app Chief Financial officer or their designee(s). Advanced funds if not used shah b� S. interest earned on advanced funds shall betreturn d to ThetCh Children's Trust with subsection 216.181 (16) (b) , 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 less than the amount using thcedpThen "Invoice" Trust wilivdeduct b t eedffeience*fromtthefn xtM1appllicable monthly the 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. Sudaet revision Officer re ision(designire Prior Request fapproval rOevisio so must be submitted toe the liContra t Manager eusngnthe 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 exceed the contracted amount. 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 award. Cost Reimbursement Method of P'avmg nt accordance with the approved isba costareimb rsemed budget revision as set forth In this Attachment shall No expenses may be incurred during July for programs offering after - school services only. Invoice Requirements at prescribed by The accordance shall submit an approved budget or approvedpbadg ttrevi revision request for payments due eon orr before the ortweekends)> day The Children's tTust agrees to reimburse Provider nontuaem monthly billing basis suThe Children's holidays Trust reserves the right to request any supporting documentation. s Trust (45) days for Payment (last payment) i Contract, If Provider falls iito comply, all by rights to paymeht hall ! e forfa led. If t Provider t s documentation which The Children's determine o The Children's or submit appropriate to it ed Provide shall such t u funds in accordance with this sidContract and TheaChildren's i Trust'sdd decision onm this g after Provider hallisbe entitled g if in accordance with this Contract. Page 26 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 amend the Contract to reduce the amount of doliars. Any delay i amendment or If the Provider fails to serve the number of participants and/or fails to utilize the funds in accordance with the Contract, The Children's Trust may The Children's Trust is not deemed a waiver tofContract,dren's Trust's right to amend or seek reimbursement or under - serving participants in accordance wrth t e In order for a request for payment to be deemed proper as defined by the Florida m Prompt Payment Act, all requests for payment must comply with the requirements set for handthis Contrac documentation returned to Provider for corrections prescribed by The Children's Trust. Requests for p Y result in delay in receipt of payment. The may be cause for delay in receipt of payment Late submission may Children's rust shall pay Provider within thirty (30) calendar days of race [pt of Provider s properly submitted Request T for Payment and/or other required documentation. said overpayment within thirty (3D) calendar days without prior notification from The r The Children's Trust discovers that an overpayment has been In the event that Provider, its independent auditor o made, Provider shall repay children's Trust. in any payments due until all required reports or deliverables are submitted an The Children's Trust shall reta accepted by The Children's Trust, Supporting Documentation Requirements or Provider shall keep accurate and complete ecords any fe covered by this mbursem and shall make a o all such records received from any client or other third party, for any available to The Children's Trust upon request. roved The Provider shall maintain records documenting actual expenditures and services provided according to the app budget and scope of services as required. THIS SPACE IS LEFT BLANK INTENTIONALLY Page 27 of 37 City of South Miami Contract #BID -567, Resolution 2008.92 City of South Miami Areas in Blue to be completed by the Agency GENERAL INFORMATION city of )—vthMlmm-L-- Organization Name: I-Rct (for example.' Ju1Y 1) AgenCY Fiscal Year Begins: Program Title: Source of Funding I I program Budget 4TRgnt gtgyes(,d . ... .. ---------------- aqrtdLat!on5lCharlt0lerunds ;2sh jFq.eql Attachment B. Contract 810-567. Res0luilm #2DD8 -92 0/9 of AgencY Agency Budget I Budget Page 28 of 37 a n 8 m° a A 0 s Y I I I °I �� p) of ° b °o.^ k ° •°¢ o g Y` `• Yt y Nt P' � • • I OI {y{p' y nr; wt ml H �) my�' o. of o• o! . N 1 t ' WI V G M y M• µ M O O O O• � y+) m Wy N1 N Atl Y O O O O O -4—M 0 Fmt. g Er7y H[`�IM N� N4�W a�NO MEN �mq •ty-� N 2 8� HN0 •YD H c N 4b N oN 6 FQ� •1 �5 15 M N N �^ O � Y t,4tn, 0 M M 'M'..11 � N }'• 'yb1 h � lrj p b n p � p N C O •'pf. M° ms in 4J a ' G•i w °a m°O. %x 'J' m o as o w a o o p m n o c o o Coo' o }3• m m �' n a C � > y> ' � � iT m � •G � 4y p'3' ( 6 6 �E y Fe xs xx 6. n % w mei 3 0 F � f �' A• � � G' �' x tk" •'a � � m 8 � b tC,' 001• � SOmi b p P � e � S` N a � � R+IC R � 0. }• e .� yg $ h �jr y •�f 9 O 3 w C O y a 8 m }ppg 'gas[ a o °a• 3' N 0 a I ro N � Y °I �� p) of ° b °o.^ k ° •°¢ o g Y` `• Yt y Nt P' � • • I OI {y{p' y nr; wt ml H �) my�' o. of o• o! . N 1 t ' WI V G M y M• µ M O O O O• � y+) m Wy N1 N Atl Y O O O O O -4—M 0 Fmt. g Er7y H[`�IM N� N4�W a�NO MEN �mq •ty-� N 2 8� HN0 •YD H c N 4b N oN 6 FQ� •1 �5 15 M N N �^ O � Y t,4tn, 0 M M 'M'..11 � N }'• 'yb1 h � lrj p b n p � p N C O •'pf. M° ms in 4J a ' G•i w °a m°O. %x 'J' m o as o w a o o p m n o c o o Coo' o }3• m m �' n a C � > y> ' � � iT m � •G � 4y p'3' ( 6 6 �E y Fe xs xx 6. n % w mei 3 0 F � f �' A• � � G' �' x tk" •'a � � m 8 � b tC,' 001• � SOmi b p P � e � S` N a � � R+IC R � 0. }• e .� yg $ h �jr y •�f 9 O 3 w C O y a 8 m }ppg 'gas[ a o °a• 3' N 0 a I ro N \ # 7 ( f { ( _ Rip i !© l)\ | |k ` § ! # # 7 ( f a a J ro a 3 m e m b �' e9 N 4R 3 m c N w ATTACHMENT C: Reporting Requirements Page 33 of 37 City of South Miami Contract #810 -567, Resolution 2008 -92 Attachment C Programmatic Data Reporting Requirements The Provider shall submit to The Children's Trust individual participant demographics, attendance, and outcome as noted in the informationt Scope Into the electronicweb -bas d re (Attachment Reporting l port ngappl cation (Data Tracker), asuwell direct asc submission standard reports, as noted below. DEMOGRAPHICS ATTENDANCE and ORAL READING FLUENCY TEST (requires attendance at training and user login) Scores for the Oral Reading Fluency test and any other required assessment shall be entered in Data Tracker by the fifteenth (15"') day of the month following the end of the month in which the tests were administered, exclusive of legal holidays or weekends. Programs with 3 or more contacts with the same children and /or parents will enter: • Participant Demographics (including all the items noted below), shall be entered within seven (7) days of entry Into the program. All participant demographics shall be updated on an ongoing basis if and when new information is collected. • Participant Attendance shall be entered by the fifteenth (15"') day of the month following the end of each month, exclusive of legal holidays or weekends. • 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, Other) + If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and /or Behavioral Disorder, Hearing impairment (or a deaf), nguage impairment, rDisability (or mental retardation), Learning Disability, Physical Disability, Sp Visual Impairment (or blind), Other) Is participant involved with (optional Field): • Dependency system (e.g., DCF, Our Kids, full case management agencies, dependency & family courts) • Delinquency system (e.g., DIJ, Juvenile Services Department, diversion /Civil Citation programs) + Voluntary Consent Responses (Photography Y /N, Mailing List Y /N, Communication Y /N, and Release & Waiver Y /N) Page 34 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 OUTCOMES & NARRATIVE REPORTS (Paper Reporting - Excel and Word Documents) Outcomes Measurement and Results (Excel spreadsheet reports customized for, each program /provider, based on current contract scope of service) —due according to the reporting schedule below. Quarterly Program Narrative Report (using standard Word document format provided by The Trust captures a BRIEF report of successes, challenges and supports needed —due quarterly by of the month following the end es the quarter. In addition, volunteer hours, number of accidents and incidents will be reported. The provider shall create and /or update annually their agency and program profiles In the Community Resource Directory maintained by Switchboard of Miami to facilitate referrals to Children's Trust - funded services. Evidence that the profile(s) have been created or updated must be provided to the Program Coordinator within 30 days of execution of this contract. Out of school Reporting Due Dates SCHOOL YEAR 2008 -2009 October 15, 2008* 1. Outcome Report (Excel) (Number of school year pre- and post -tests administered through 9/30/08) 2. Narrative Report (Word) January 15, 2009* I pre-tests and all mid -point and post- tests administered I. Outcomes Results (Excel) (Any additiona through 12/31/08) 2. Narrative Report (Word) April 15, 2009* 1. Narrative (Word) 2. Satisfaction Survey Results (Excel) Tune 15, 2009* hool year pre -tests and all post -tests administered 1. Outcome Results (Excel) (Any additional sc through May 31, 2009) 2. Narrative Report (Word) SUMMER CAMP 2009 September 15, 2009* 1. Summer Outcome spreadsheet report (Excel) (Pre- and post -tests administered for summer cam 2009) 2. Summer Narrative report (Word) 3. Satisfaction Survey (Excel) *If the 151h fails on a weekend /holiday, then reports are due the following business day. A post -tests are.to be administered or par ore calendar days have passed from the pre with prior notice during the y midpoint-test date. Page 35 of 37 City of South Miami Contract #610.567, Resolution 2008 -92 ATTACHMENT D: Financial Audit and Financial Report Requirements Page 36 of 37 City of South Miami Contract #810 -567, Resolution 2008 -92 Attachment D Financial Audit and Financial Report Requirements 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 and Include the following: of the An provider is (or fairly opinion) all mater whether spectshin hconform ty twithnthe 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; report jhe the scope of testing of Internaltontrol and Children's the results of the tests; which shat) descr A report on compliance which includes an opinion (or disclaimer of opinion) as to whether h auditee complied regulations, d provisions tntc( w th The Children's T ustwhich could hav a dire t and material effect program; and Trust contract that n ludesuae summary ofatheg auditor's dresults frrel relative to The Children's of findings TheChildren's Trust and findings and questioned costs. THIS SPACE IS LEFT BLANK INTENTIONALLY Page 37 of 37 city of South Miami contract #810 -557, Resolution 2008 -92 �3 "p oWM +nf The d0dmn's'[hxt• offlc rc /Fxecuuyl Committee J July 31, 2008 David Lawrence Jr: • • . Chair Dr. Wil J, Blechman vice chair A Aj)bola' Balogun Josee Gregoire S Secretary C 6130 Sunset Drive Treasurer S South Miaml, F16rida.33143 Isabel Afanadory Chair Program services Committee R RE: Out -of- School Contract 4810 -567 Maria A. Alonso, Chat _ _ • ' Procurement committee D Dear Mr:Balogun: ' At -large Dr. Miguel Baisera, T The, Children's Trust. is. Issuing this Service Authorizatioh to permit City of Dr. Stavin • , S South Miami to provide after - school and /or summer camp service's beginning maven s M August 1, 2008 thY4ugh July 31,.2009,'while the FY 2008 /2009 contract Is still Dr. Judith H Health Committee r awarded for services dellvered during this period. ' The Board of Directors W We ask for y Alan Abramowitz P your p Elliott Knofsky McCarthy Dr. Rosa Martin Rep. Juan - Carlos "].C." Planes - Gerald K. Schwartz de E. A Dr. Jose Vicente ChetZerlin' President /CEO r 11 a 03 � Modesto E. Abety JJ(166711ttjiiippelUii(i((1 Lea 1. 1p} President & CEO cc: Contract file AUG 062608 CIItI111I1 County Attorney's Office Legal Counsel ' 3150 SW 3r1 Avenue, 6"' Floor, Miami, Florida 33129 •-Tel: 305- 571 -5700 / Fax: 305 - 657 -9592* www,thechlidrenstrustorg