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Res. No. 087-09-12896RESOLUTION NO. 87- 09- 12896 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SCHOLASTIC CLASSROOM & LIBRARY GROUP IN AN AMOUNT OF $10,475.00 FOR THE PURCHASE OF BOOKS AND INSTRUCTIONAL MATERIALS 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 -6610; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has received a grant from the Children's Trust to provide After School Tutoring Services; and WHEREAS, the copyrighted literary services published and provided by Scholastic Classroom & Library Group were one of the provisions of the grant; and WHEREAS, Scholastic Classroom & Library Group will provide a complete After School Learning Package for an amount of $10,475.00 to be charged to account number 114- 2020 -519 -6610 with a current balance of $11,614.00. 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 purchase order to Scholastic Classroom & Library Group for the purchase of books and instructional materials for the After School House Program in an amount of $10,475.00 be charged to the Children's Trust Grant - After School House Program account number 114 - 2020 - 519 -6610 with a balance of $11,614.00. Section 2. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this 5th day of May 12009. ATTEST: 'CqYCL ........... Y CLERK READ AND APPROVED AS APPROVED: / n 6-A M YO Commission Vote: 4 -0 Mayor: Horace Feliu Yea Vice Mayor: Brian Beasley Yea Commissioner: Valerie Newman Yea Commissioner: Velma Palmer Yea South Miami AA- pmericaClty CITY OF SOUTH MIAMI I' I I I INTER - OFFICE MEMORANDUM 2001 To: Honorable Mayor Feliu, and Members of the City Commission Via: Ajibola Balogun, City Manager From: Cesar Garcia, Director Parks & Recreation Department Date: May 5, 2009 Agenda Item No.: Subject: Authorizing City Manager to execute a contract with Scholastic Classroom & Library Group RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SCHOLASTIC CLASSROOM AND LIBRARY GROUP IN AN AMOUNT OF $10,475.00 FOR PURCHASE OF BOOKS AND INSTRUCTIONAL MATERIALS 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 -6610; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute a purchase order with Scholastic Classroom & Library Group for the purchase of books and instructional materials 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. With literacy as an emphasis of our contract with the Children's Trust, one of the provisions in the grant allows the City to purchase the After School Learning Package offered by Scholastic Classroom & Library Group. In order to actively address the literacy objectives, it would be in the City's best interest to purchase this specific After School Learning Package from Scholastic Classroom & Library Group for the City of South Miami After School House Program. The attached resolution would allow the City Manager to issue a purchase order to Scholastic Library Group. They are the publisher and copyright holder of the Scholastic After School Learning Program and no other vendor offers this package. The Scholastic After School Learning Program was already approved by the Children's Trust and reflected in the attached contract. These materials will be the property of the Parks & Recreation Department and will be used for years to come as part of the daily curriculum of both the After School and Camp programs that we offer. Cost: $10,475.00 Funding Source: Funding for this purchase is included in the Children's Trust Grant - After School House Program account number 114- 2020 -519 -6610; with a current balance of $11,614.00. Backup Documentation: 0 Proposed Resolution Proposed Scholastic After School Learning Program Quote Copy of the City's agreement with the Children's Trust RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SCHOLASTIC CLASSROOM & LIBRARY GROUP FOR AN AMOUNT OF $10,475.00 FOR THE PURCHASE OF BOOKS AND INSTRUCTIONAL MATERIALS 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 -6610; 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 to South Miami area residents; and WHEREAS, Scholastic Classroom & Library Group is a State Certified Vendor of Library Materials and sells their products throughout the State of Florida to Libraries and School Systems; and WHEREAS, Scholastic Classroom & Library Group will provide a complete After School Learning Package for an amount of $10,475.00 to be charged to account number 114- 2020 -519 -6610 with a current balance of $11,614.00. 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 purchase order to Scholastic Classroom & Library Group for the purchase of books and instructional materials for the After School House Program in an amount of $10,475.00 be charged to the Children's Trust Grant — After School House Program account number 114- 2020 -519 -6610 with a balance of $11,614.00 Section 2. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this _ day of 2009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor: Horace Feliu Vice Mayor: Brian Beasley Commissioner: Valerie Newman Commissioner: Velma Palmer GM200I13 Fiscal Year 2009 Account number . Fund . . . . . . Department . . . Division . Activity basic . Sub activity . . Element . . . . object . . . . . CITY OF SOUTH MIAMI Account Balance Inquiry 114- 2020 - 519,66 -10 114 GRANTS FUND 20 RECREATION 20 MULTI PURPOSE CENTER 51 GENERAL GOVERNMENT 9 TRANSFERS 66 BOOKS, PUBLICATIONS 10 PROGRAMS /CHILDRENS TRUST .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 Fli =Acct activity list 4/29/09 12:25:19 0 11,614 03/31/2009 .00 .00 .00 .00 .00 .00 .00 0.0% 11,614,00 100.0 F8 =Mist inquiry F9 =Mist update F12 =Cancel F24 =More keys ti r r April 21, 2009 e City of South Miami Parks and Recreation 5800 S.W. 66 Street South Miami, FL 33143 Dear Mr. Troup: It is my pleasure to present the attached proposal for materials for the City of South Miami Parks and Recreation Department. I feel confident that the materials outlined will enhance your programs, as well as meet the needs of your students and staff. Please let me know if I can be of any assistance or answer any questions. Sincerely, fi�%6 Carmella DiMatteo Scholastic After School Learning Program Scholastic Classroom & Library Group Cell phone # 561- 602 -1823 cdimatteo @scholastic.com Scholastic After School Learning, �t "Lea r n i n g' f 21-Apr-09 Ship to: Bill TO: Same City of South Miami Parks & Recreation Department 5800 S.W. 66th Street South Miami, FL 33143 Attention Asha Johnston Account #: Special Instructions: For questions on order contact Cannella DiMatteo 561 -602 -1823 cdimatteoRscholastic.com Payment Method: Bill upon Shipping: PO #: Charge to Credit Card: (circle one) Visa Master Card Discover American Express Card number. Ex iration Date: Item -# It quantity Price KPT155196 Elementary Listening Center 1 $999.00 KTP164056 MIDDLE SCHOOL LISTENTING CENTER 1 $999.00 6LO9 88821 Muhammad Ali Go the Distance lib A 1 $475.00 6LO9 88822 Muhammad Ali Go the Distance lib B 1 $500.00 OLO988823 Muhammad All Go the Distance lib C 1 $525.00 KPT142344 THEMED SET THE FOOD PYRAMID(KEEPING FIT) 1 $849.00 KPT142346 THEMED SET Ocean Life 1 $849.00 KPT142363 THEMED SET True Tales Chapter Books 1 $999.00 KPT142357 THEME SET Music and Art Biographies 1 $999.00 KPT142358 THEME SET US Presidents 1 $999.00 KPT152835 THEME SET High - Interest History( You Wouln't Want 1 $999.00 KPT164045 100 books K -5 collection 1 $299.00 KPT 434339 8 books Mystery Secrets and spies 1 $29.00 KPT9 55397 30 books High Interest 1 $88.00 KTP52803 15 books Courage and Survival 1 $48.00 KPT923273 20 books Best of Scholastic 1 $72.00 6LO6 1178 4 booksNBA Fast Breaks 1 $11.00 6LO9 88286 4 books NFL: In the End Zone 1 $12.00 OL0504352 5 booksSporis Page Turners 1 $17.00 OLO504352 5 booksSports Page Turners 1 $17.00 10 brain banks @ 69.00 each KPT501384 Brain Bank - Social Studies K KPT501384 1 $69.00 KPT501382 Brain Bank- Science K KPTS01382 1 $69.00 KPT 141412 Brain Bank - Social Studies 1 KPT501412 1 $69.00 KPT 141411 Brain Bank - Science 1 KPT501411 1 $69.00 KPT981345 Brain Bank - Social Studies 2 KPT981345 1 $69.00 KPT981343 Brain Bank- Science 2 KPT981343 1 $69.00 45T981363 Brain Bank - Social Studies 4 KPT981363 1 $69.00 KPT981362 Brain Bank - Science 4 KPT981362 1 $69.00 KPT981369 Brain Bank - Social Studies 5 KPT981369 1 $69.00 KPT98 3367 Brain Bank- Science 5 KPT981367 1 $69.00 °'* See Value added free items below sub total $10,475.00 Free shipping AS order over 1,000 Grand total $10,475.00 quantity of free items 2 Paperback Collection K -2 KPT268009 $125 FREE 2 Paperback Collection 3 -5 KPT268010 $125 FREE 2 Paperback Collection 6 -8 KPT268011 $125 FREE 2 Spanish Paperback Collection K -5 KPT268012 $125 FREE 1 Brain Bank — Social Studies 3 KPT981369 $119 FREE 1 Brain Bank — Science 3 KPT981366 $119 FREE "State law mqutres thatsales tax be added to yourorder unless we have a'sales tax exemption certi kate'on file. I1 tex has been added to yourorderand you a exemptfrom sales tax, please fax your 'sales tar exemption certificate" to 1- 800 - 560 -6815 or mil to Scholastic Inc., 2931 E. McCarty Street, JeBerson City, MO., 65101. THANK YOU FOR YOUR BUSINESSI South Miami balkidf CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER zaai INTER- OFFIGE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun,, City Manager _V � From: Carol M. Aubrun,oA ,� , Grants Writer and Administrator Agenda item No.: [late: March 3, 2009 Subject: The Children's Trust Grant Request:` SOUTH RESOLUTION OFLORIDA, AUTHORIZING N COMMISSION THE O CITY MANAGER T MIAMI, O 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: House In the amount of�$174 888.00 fromethe a grant for the After Children's Trust for a 12` month period. The funds will be available for two (2) program services The City (2008-2009 eeiived her Authorizaf Authorization year etter, 2009 summer 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 Q 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) ry reference into this resolution. PASSED AND ADOPTED this iG-a day of / k, 2009. 2 II yr/�fw �CiTY CLERK File Name and Path AS TO FORM: APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea offlcers /Executive Committee Dr. Wit). Blechman Interim Chair 3osee Gregoire vice chair Hon. Isaac Salver Treasurer Isabel Afanador, Chair Program Services Committee Maria A. Alonso, Chair Procurement committee Hon. Norman S. Gerstein At -large Dr. Miguel Balsam At -large Dr. Judith Schaechter, Chair Health Committee The Board of Directors Yvette Aleman Karen Aronowltz Hilarle Bass. Donald I. Bierman Tanzania Burnett George M. Burgess Kingsley Banya Alberto M. Carvalho Dr. Gina Cortes - Suarez Bill Diggs Gtida Ferradaz Luis A. Gazitua Benjamin F. Gilbert, Jr. Mindy Gould Charisse Grant Dr. Silvia La Villa Hon. Barbara Jordan Dr. Martin Karp Hon. Lester Langer Pamela Llllard Dr. Rosa Martin Rep. Yoliy Roberson Evelio Torres David Williams, Jr. Chet,zerlin David Lawrence)r. Founding Chair Modesto E. Abety President & CEO County Attorney's Office Legal Counsel The Children's Trust Because All Children Are Our Children February 20, 2009 Ajiboia 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 Miami copies eturned to The Children s Trust authorized agen of City of South 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 Miami -Dade County. Respectfully, crave] Manager Attachment 3150 sW 3rd Ave. (Coral WaY).6th Floor, Miami, Florida 33129 -Tah 305 - 571.5700 • F= 345457 -9592 . www.thechildrenstrust org 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. 3rd Avenue, Ste 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 €imited 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. 5. 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 I. Double Payments Provider costs or earnings claimed under this Contract may not also be claimed under another contract or grant from The agency. Any claim for rdouble payment by Provider shall be a material breach oflthis Contractt from any other 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 #810 -567, Resolution 2008 -92 by and currently available from local and state funding sources for the same. purpose. Government agencies must certify that they have maintained previous level applying cting from The Children'sTrust. A v olatioofthis sectionshalll be considered a materil breach oft is Contra 3. Use of Cost Allocation Methodology Provider attests that no other reimbursement ilen's Trust's available ovider used for unless cost allocation methodology in writing by 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 69I- 73.001, and is defined for purposes of this Contract as individual items with a value of $1,000 or greater which have a life expectancy of 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 o 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 to capital equipment is fully depreciated and In the possession of Provider. s. Assignments and Subcontracts st shalt assign this Contract to another party. provider shall not Neither Provider nor The Children's Tru subcontract any Services contemplated under this Contract from The Children's Trust contract into Its Chilntract Trust. Provider shall incorporate appropriate languag e and shall require that all subcontractors providing services be governed by the terms and conditions of this same manner sub as Provider under the terms of this cont act 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 evet shall The Childrn's Trust authorizednsubcont actor shalt be paid directly tby provide rovider tonthe the ontrac tractor. Ai! payments to any tor. 6. Religious Purposes mmunity p artners shall not use funds provided under this Contract to Organizations and their faith -based co support inherently religious activities, such as religious instruction, worship, or proselytization. 7. Lobbying Provider lobbying any any f Inds proviidlo al under this Contract or egis or any other funds provided by The Children's S. Adverse Action or Proceeding ided under this Contract any other funds provided by The Children Provider shall not utilize the funds prov action or proceeding agai nst The Children's Trust or any of its agents, , Trust to retain any legal counsel for any employees or officials. E. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations and sovereign lmmunity provisions of Florida Statute, Sec. 768.26, Provider she r r indemnify and hold harmless The Children's Trust and Its officers, employees, agents and instrumentalities from any and aN liability, losses or damages, indudtng attorneys' fees and costs of deFense, which its officers, pocea Bess of any kind st net re aairisln9 outlofureI ting ouororesuiting f om the performance of this Contract Page 2 of 37 City of South Miami Contract #810 -567, Resolution 2068 -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 Of pay all claims and losses in connection therewith and shall investigate and defend all claims, ate suits or dings, ctionsnd any kind or nature in the name of The Children's Trust, where applicable, including app procee 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 an of defen e, which The Children l liability, Children's losses or itsofficers, employees, agentsrorsinstrrumentalities 'may Incur costs 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 suit oceedingsf and investigate and defend all claims, kind or nature in the name of The Children's Trust, where applicable, including appellate p 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, reasonably other duplicate disclose s6ch materials in whole similar or In p art in a manner irconsistent 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 n and to third any patent, trademark or copyright, or application for the same, will vest a the Provider re with any applicable party who has licensed or otherwise permitted the Provider to use the same. Provider agrees to allow The Children's the Trust and others acting on behalf of The Children's Trust to have reasonable that such use doesnnot compromise purposes and terms of this Contract, at no cost to The Children's Trust, provided 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. 1:REACH OF CONTRACT AND REMEDIES 1. Breach have occurred under this Contract If the Provider through action or A material breach by the Provider shalt omission causes any of the following: a. Fails to provide the Services outlined In the scope of services (Attachment A) within the effective term Page 3 of 37 city of south Miami 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 Contact or as determined by The Children's Trust; d. Does not meet or satisfy the conditions of award required by this Contract; support disbursement ct or e, Fails to submit or submits Incorre orirfailspto submitpor submits t incomplete or incorrect requests or advance funding 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 h. Falls torcomply with child abuse and ncidentreporting requireme required client res entation or material i. Attempts to meet Its obligations under this Contract through fraud, misrepres misstatement; j. Fails to correct deficiencies found during a monitoring, evacuation 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; I. Fails to maintain the confidentiality of client fifes, pursuant to Florida and federal laws; m. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract; ired under this Contract. n. Falls to comply with Background Screening, as req, u and waiver of breach be constru provisions to mod is Contract he ale m h s of is deemed to cbe a waiver of any other breach 2. Remedies if the Provider Contract, falls , thirty after receiving wri en notief om he ChildrensTrust identifying the breach, Children'sTrustmay 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 re cure any breach of this Contract as may be permissible under state or federal law. Any such and voidable ro c e addition to this remedial 16 this Contract, costs, 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 five business days before the effective date of such suspension, in any event The Children's Trust shall continue to review and pay requests for payment as provided for 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 f ecti with ate uch such' uspensiuding reasonable eatorney's feesponsible for all direct and indirect costs The Children's Trust may terminate this Contact by giving written notice to the Provider of such termination and specifying the date thereof at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust may (a) request the Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys, reports prepared and secured by 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 Page 4 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 improperly paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the Provider under this Contract, ekcept that The Children's Trust shall continue to review and pay requests for payment for services that were performed and /or deliverables that were substantially completed at the sole discretion of The Children's Trust prior to the effective date of such termination; and/or (d) terminate or cancel any other contracts entered into between The Children's Trust and the Provider by providing separate be t least fiveobusiness days before theheffe effective to of suchf specifying 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 serviced 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- J. INSURANCE REQUIREMENTS 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 written funds verification (binders) and nd The Children's Trust has approved such documents. Thee Chl Children's Trust shall have ecessary Certificates of 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 In policies in the amounts and with the requirements Indicated below: 1. Worker's Compensation Insurance for all employees and non - incorporated independent contractors d or consultants of the Provider, as required by Florida Statutes, Chapter 440. The employer's liability portion be $500,000/$50D,000/$500,000 as a minimum. 2. Comprehensive General Liability Insurance in an amount not less than $50o,o00' 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' ge. The general shown as an "Additional Insured as Their Interest May* Appear with respects to this covera 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 Events Children's Trust for be designated and shown as Additional Insured as Their Interest May App ab the event and must sprov coverage c erage the replace ay prior and lthe lday following the event. ge is for the day or days of short term 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 's Trust $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Children acts to this must be designated and shown as an "Additional Insured as Their Interest May Appear" p coverage. Coverage can be purchased as non -owned without hired auto coverage, but rental cars can not be page 5 of 37 city of South Miami 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. S. Automobile liability coverage for all owned and /or leased vehicles ogram of participants. Tie minimum amountfOf their employees and /or sub - contractors rot transporting program p damage. The coverage is $300,000 combined single limit per occurrence for bodily injury' and property ear" with Children's Trust must be designated and shown as an "Additional Insured as Their Interest May App respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage, but rental cars can not be used In the course of the Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. 6 deterpminedeby The Children's Trust rbut not less than $250 D00 per eclaim and Children's n the taggregate. 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 theage as custody a Loss Payee�l of the Provider. The Children's Trust must be shown on the evidence of property cave Certificate holder must read: The Children's Trust 31 50 SW 3rd Avenue, 81h Floor Miami, Florida 33129 Classification and Rating anies authorized to do business under the laws of the All insurance policies required above shall be issued by comp State of Florida, with the following qualifications: to by then latest edition e oft B Bests insurance BGu de, published by A.M n Best Company, idwick,i New Je'rsey,reorg 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. insurance it The Provider shall ii Trust, In writing, any leri changes in Insurance but not limited, to any renewals of existing polic s n tatthn thirty (30) days priorto 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 for to modify any of the he,for egos or ir c insurance requirements shall be approved, in writing, by The Children's Trust p In the event that an insurance policy is canceled during the effective period a this Contract, The Children's Trust shalt of nsuraoncearequiredaunder this tsect section submitted and approved by The sChildren sr Trusten7hernewtlinsurance epolicy shall cover the time period commencing from the date of cancellation of the prior insurance policy, beerequired from time to require provider to or state laws.iffProvisionuofinsurance gby 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 Contact or otherwise. All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or policies of Insurance. K. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust. Page 6 of 37 City of South Miami 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 mall 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 compiled with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. However, if any audit, claim, litigation, negotiation or other action involving this Contract or Modification hereto has commenced before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from It or until the end of the regular retention period, which ever is later. 2. Financial audit 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 expenditures) 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 2006 -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 flndings, 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 pon receipt in writing of such request with appropriate justification by The Children's Trust's Finance Department, u 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 which relate Trust`s choosing 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' en's T rust or Its with a Provicable accounting and financial standards, including access 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, fiscal /administrative review and other techniques deemed reasonably necessary in The Children's Trust's sole discretion to fulfill the monitoring function, A report of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in the report. S. Client Records The Children's Trust collects the social security numbers of child Pursuant to Florida Statute s and services (a) to research, track and measure the participants of funded programs and services for the following purposes: 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 s and data social security among umbers for systems participants. d other agencies for research purposes. The Children's Trust doe 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 fifes shall be subject to the audit and inspection requirements m Provider for Contract, an fiveccalendariyears afterdtheiparticipant requirements. s no longer such records will be retained by enrolled, Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. 6. Internal Documentation /Records Retention hours the Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business of employees following as may be applicable, subject to applicable confidentiality, requirements: (1) personnel 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 and this Contract; (4) training modules; policies pre and procedures; and (8) questionnaires; inf rmatolnrelated to Service information release forms; (7) agency p P 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 data that all applicable terms of this Contract have been complied with Page 8 of 37 city of South Miami 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 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, disseminatlon.or publication of confidential information as each party uses to protect Its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (e)ecept 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 confidentlailty provision of this Contract shall remain In full force and effect after the termination of this Contract. 8. Security obligation Provider shall maintain an appropriate level of data security for the information Provider is collecting or using In e y employees who request system or information access limited ess and ensuringthat useracccess has and beencremoved from Provider terminated employees of Provider. o. MODIFICATIONS t namalterations, payable and effective term shall nly extensions e valid when waivers they have been reduced to w Contract iting,including duty approved and limited signed by both Parties. P. GOVERNING LAW & VENUE This Contract shall be Interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this jurisdiction o of the state courts vof the Eleventh th ud cial Circuit, in aind for, Miami -Dade County, Florida, r submitted, to the Q. EMPLOYEE BACKGROUND SCREENING In accordance with Sections 943.0542, 964.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work in direct contact with children or who come Into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (POLE), 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 Disabilities Act. By policy of The Children's Trust, providers must also Implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything to the contrary, the Provider shall not be required to make any alteration to any public school building or other building or structure which Is not owned by the Provider. city of South Miami Page 9 of 37 Contract #810 -567, Resolution 2008 -92 S. REGULATORY COMPLIANCE 1. Non - discrimination and Civil Rights Provider shall not discriminate against an employee, volunteer, or client of the Provider st 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 it render services in e annex that respects threworts of the Individual orint ti nn and rotect ethnic backgrouhdss the dignity of people of diverse Provider agrees to abide by Chapter 11A of the Code of Mtaml -Dade County ( "County Code "), as amended, which prohibits discrimination in employment, discriminationdIn employment nt andtpubli Taccommodation; vithe Age Act of 1968, as amended, which p Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which Prohibits discrimination n whichprohibits discrimination on the basis of disab! ty;iiand thecAmericans with h Di abilities4Act, 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 dais ri inati Contra ter if Provider o rang owner, 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 provides that a person or affiliate who is Entities Prov der,Aconsultant or other provider and Statutes), who has bleen placed doln bmit a bid on a contract to providevany goods or list services following o The Children for a Trust, may not Entity bid on a contra ids h The Children's property to The Children s Trust repair may not beiawarided or perform work as a Provider s submit er, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Chiidrtwo Trust in excess of the threshold amount provided In Section. of being, Florida aced on thetconvited vendor list. purchases for a period of thirty-six (36) months from the date of being p of a may result ultfin debarment from The Children slTru t'sfcompetitive procurement activities. monies paid hereto, and 3. Conflict of Interest Provider represents and of Ethics he executic dinance,f wvtwCmamidade govl ethics /ilbrarylEthicDsa6 o huret200 ,P and Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider acct es on con by and an t ors e be governed these hereunder. of interest provisions throughout the course of this 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 accreditation, required by the State of Florida, Miami -Dade County, The Children's Trust or the federal government. 8. Proof of Policies Provider shall keep on file copies of its policies on non-discrimination, equal opportunity and /or affirmative Page 10 of 37 city of South Miami 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 of this Contract or arising out of the performance of this Contract. Provider shall provide written notification of the incident together with a copy of the Incident report to The Children's Trust within three (3) working days after Provider is informed of such incident. Provider shall provide written notification to The Children's Trust, within seven (7) days, if any legal action Which is filed as a result of such an injury. B. 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 notifcation 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 Hied 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 riled in the participants record. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the Consent form. Provider will exercise Its best efforts to have each program participant's contact information Is current and updated upon exiting the program. U. 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 to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with quarterly program narrative reports In the format to be reasonably specified by The Children's Trust. V. PUBLICITY shall that publicity, funded e public relations, advertisements recognize and signs Children's wtthin its 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, filers, 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 ss 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 financsado por El Fidecomiso de log Nifios (The Children's Trust). E Fidecomiso y s Ni I s e€ C de Miami-Dade. s uente astablecida por referendum para mejorar las Fides de n fi Kreyol: se yon sous lajan a gouve City of South Miami finanse pa "The Children's Trust". Trust la, nma amerikin vote an referandom you ke' is invests byen nan pwogram kap ameliore la Vi T€ Moun ak fanms yo nan Myami Dade. Note: in cases'where funding by The Children's Trust represents only a percentage of the Provider's overall funding, the above language can be altered to read "The (organization) is funded in part by The Children's Trust..." X. HEADINGS; USE OF SINGULAR AND GENDER scope or subs I tan I proviisions of this gContr Contract. convenience Wherever used herein, ethetsingular s hall expand nclude the plural and plural shall Include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. Y. TOTALITY OF CONTRACT /SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget & Method of Payment Attachment C: Reporting Requirements Requirements Attachment D: Flnancsal Audit and Financial Report Attachment E: Performance Improvement Plan, if applicable, . be deemed to No other contract, oral or otherwise, regarding he subject i held of this or Contract nthe all nder of his Contract hall any of the parties hereto. If any provision not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. The Children's Trust City of South Miami MIAMI -DADE COUNTY, FLORIDA By: by: Modesto E. Abety, President/CEO (SSgnature of Authorized Representative) Type or Print Name Date: Approved as to form and legal sufficiency �3 - Date: County Attorney This contract is not valid until signed by both parties Page 12 of 37 City of South Miami Contract #610 -567, Resolution 2008 -92 ATTACHMENT A: SCOPE OF SERVICES city of South Miami Page 13 of 37 Contract #810-567, Resolution 2008 -92 Attachment A Out -of^ School Scope of services . Contract No. 810 -567 Agency name: City of sough Miami Program name: City of South Miami Parks and Recreation 1. Program summary (Limit to 100 words): The City of South s surrounding communities between nthe ages of 5Programs o 18 rti provide safe environment ihto the city t and familY increase their educational and social skills in afun- filled setting, Physical orams. The ogram focuses has on enrichment will also allow for enhanced, fully inclusive, and high -q tY programs. literacy and improved academic output of all its participants white working towards individual growth for each child involved. 2. Target Population (Include the number to be served, agesr demographic characteristics, disabilitlesr and targeted geographic areas) served, as applicable), ab{e): South Miami staff and volunteers deliver i ut- off -sch oflservI children whore )m year-round om single single-parent homes l and residi g with n he programming. The target Population South Miami CRA and its immediately neighboring communities. Most of then of our are at low- moderate income levels and students who participate in free and reduced lunch Programs with 79 /o of our population 5 years of age and older legally having a disability of some sort. This program rimari�y out of children Center (SMCC). many as 125 children during its summer Camp g P physical visual, hearing impaired, etc.) The and l program wiilll be fully (autism` dyslexia, etc) ible and Witi include children with Miami -Dade Count�Public Schools minimum of requests that children in K -2 grade read a minimum of one book per day r a 16 min. minimum for 3" — 8" grade. Our y homework assistancelliteracy program will include a mandatory daily 30 minute minimum time frame, once children have completed daily homework assignment with will go directly into the their America ir 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 See 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 fnr City of South Miami Contract #810.567, Resolution 2008 -92 5 x weektl hour per day/ for 39 weeks page 14 of 37 ,�� -, • o s� ... �' (�'* , ;��y'�y' °��Q° Jam. �� 4r �' t g.4 A�� ^'. •a4ij`yl, ' .<'?. � �? c5 -'' r . ' �i,� '•.� • ti , f5 L s �••j°� �:ri �x .hY'v'[::.fhS'�E <.?F ?:�syb�.'. E�iFx`zd!i' most pages (books read by g 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 chapters /pages read. Weekly rotational field trips to the City's public library for updated reading titles as needed. Physical Fitness; Recreation Leader will head the 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 kids will learn to dance traditional hip -hop while exercising. 6 x week/1 GP =110 2. Super Sonics Jump rope program — instructional jump hour per roping class where kids will learn to jump tope for day /for 39 competition and fun while enhancing their physical fitness. weeks CWb =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 sports activities are during afterschool hours and are for the participants in the Afterschool House Program. The entire physical fitness component will be facilitated by recreation leader with assistance b recreation aides. Soclal Skills Building; We incorporate a variety of different opportunities for oar children to improve their social skills. See below: 1. Hosting age - appropriate self Improvement classes- bullying prevention, conflict resolution, team building, s grooming, interviewing skills and public speaking. 2 x week/30 Participants will complete assessment surveys. We will GP =i io utilize the K -12 Giraffe Heroes Program; which consists mins /for 39 of character development. These services will be weeks facilitated by guest speakers, instructors, recreation CWD =15 leaders and volunteers. 2, BI-Weekly talk sessions — "NOT TOPIC _ " incorporated atnd staff in order to enhance our 1programming to meet their needs. The sessions aim to provoke intelligent conversations /discussions on a variety of thought Irovoking topics. Family Involvement: Monthly Family Night — Once per month we will dedicate 1 x month /2 GP =110 an event (pot luck dinner meal, story telling, etc.) to hrs /for 10 promote a parent led function to foster parent involvement. months During family night, events may include a monthly family CWD =15 movie night. page 15 of 37 City of South Miami Contract #810 -567, Resolution 2008 -92 Enrichmen Nutritional education -Teach children the importance of proper eating selections, eating routines, and portion GP=110 -wise manipulative. This I X week/1 control with use of heart component will be facilitated b 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 mins per day/ logarithms and IQ building exercises. This , 39 weeks component will be facilitated by instructors and CWD=15 conducted by recreation aide's, tutors, and volunteers. a of KI: 2 x -Teach children the imPortanc im�u�sjcnstru�cdon� week/30 -60 music education and how to play Instruments and mins/39 weeks GP=110 how to read and make music. Will be facilitated by K-P Grade senior staff, recreation aides, and 2n'-3 ': I x instructors, Only we w30 volunteers. mjnsj39 weeks CWD=15 science through ---------- Instruction - Teach children 2 x week/30-60 Science instru Programming and use learning mins per GP=110 Mad Science" Prograi experiments using the "Science manipulatives and expedr for It methodology. dayJ39 weeks Explorer program" as the basis tat6d by instructors with CWD=15 This co -nponent will be facill the h Ip *of recreation leaders and aides. Service R 10 Uteracy: Students will actively 5 x week/1 P= summer Reading Program G the recommended summer reading lists for hourper GP 110 participate in des (group and Individual). Students will day/for 10 all school grades then be required to read the books while we chart the weeks CWD- completion. - - - - - - - - - CWD page is of 37 City of south Miami Contract 4t810 -567, Resolution 2008-92 nth tik a .�.� ��m �� ¢ �•< J�yy 1 v C 3 9 _ A. ' .''4` W. . y� '..lS,l ti f <3V S�'h�• -C .�lC � 1. ' . R {° �p4� J Mk' . } f - a y, yr.W"m r,,4- } s•L�s'. , ,.�;7t t :>.,y� �:,' �itc :k <�a5, �"i� 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 3`4 — Bin 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 h 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 — Hip -Hop 101 Class sessions — Instructional Hip -Hop Dance classes where kids will learn to dance traditional hip -hop white 5 x week/1 exercising. GP= 2, Jump rope program — instructional jump roping hour per GP 110 class where kids will learn to jump rope for competition day /for and fun while enhancing their physical fitness. 10 weeks CWD= 3. Sports instruction & intramural programming — CWD iS Youth will participate in youth clinics, camps, & leagues including youth soccer, flag- football, lacrosse, kickball, basketball, field hockey, & t -ball. Swimming & water safety instruction —To be,conducted at A.D. Barnes on a weekly basis. All scheduled sports activities are during afterschool hours and are for the participants in the Afterschool HOUSE' Program. The entire physical fitness component will be facilitated by recreation leader with assistance b r 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 - builying prevention, conflict resolution, team building, self grooming, interviewing skills and public speaking. Participants will complete assessment surveys: We will 5 x week/1 F 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. i5 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 thou ht rovoXing topics Weekly Field trips wilt allow_ Page 17 of 37 City of south Miami Contract #810 -567, Resolution 2008 -92 students to engage wrin onrei ern c, . �• • -- peers and other adults. Field Trips will include: Mieoosoukee Tribe of Indians; Jewish Holocaust Center, African American History Museum, and Junior Detention Family 1nVOrvenicrn: Monthly Family Night —once per month we will dedicate etc.) to will use 3 -1 hour GP= an event (pot -luck dinner meal, story telling, led function to foster parent 2 Times in 1. x month /2 hours /for 3 GP 110 :promote a parent Involvement. During family night, events may include a August sessions CWD= - monthly family movie night. Family members will be advanced CWD cWD= invited to attend a theatrical production featuring i_eader and Recreation Aides will curriculum 5 x week/1 1s students. Recreation hour per facilitate. day /for 10 GP ilo Enrichment Activities: Mad science instruction program —This programming knowledge of science and weeks GP= will intensify our children's inorease their interest In Science thus reduce their fear e K _ 3 Grade 1 x week/1 GP 110 for the subject. The manipulative used in this prograti7 information that can hour /for 10 weeks city of South Contract CWD= will also help children retain vital be used for their studies in the subject while preparing CWD is Y group them for the new Science FCAT Exam, by of Will be facilitated by instructors with activity sessions. assistance of Recreation Aides. GP= Math and Science explorer programs —These will enhance the learning involved in the All Grades month/1 2 x month /1 GP 110 manipulative classrooms and give children visual projects they can the subject matter. Will hour/for 2 sessions CWD= work on to further understand 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 information Technology as they will learn how to create 4 ^ _ 12m 1 x week/2 hours /for 10 Gp 110 their very own video games. This program utilizes to teach children Grade weeks CWD= math' reasoning, & understanding how to maximize their energetic capabilities while a skills. Will be facilitated by CWD is sharcening their computer _ : AiAcc Financial Classes - >_ne about the stock will use 3 -1 hour GP= team: how to balance a checkbook, &investments, foreign currency, savings introductory sessions during GP 110 market accounts, and retirement• and guest speakers will curriculum will use 7-12 the summer CWD= Instructors, Recreation Aides, advanced CWD is facilitate. curriculum 5 x week/1 Gp= Arts & Crafts Classes to include drawing, coloring, facilitated by Instructors hour per painting, and origami. Will be day /for 10 GP ilo with assistance of Recreation Aides. weeks CWD= CWD 15 page 1a of 37 city of South Contract Miami #$10 -567, Resolution 2006 -92 and full -day program days and a snack curing after- school and partial day program days. ner 4. performance Measures Provider shall measure outcome achievement and report on a basis as outlined in Attachment C of this page 19 of 37 city of South Miami Contract #610 -567, Resolution 2006-92 e after-school rm tu will be eks of nrollment,e fwhenenrollment ors, Midests reading wl be administered to ail o recess, participants fter - school in in May will be ipost tested. during theelasti two weeks of the after - school program, in pre- and post -test data will be reported as outlined In Attachment C. �� During the summer camp program, call children will be pre - tested within two weeks of enrollment in the program, regardless of when enrollmen rent f they were administered to eldi after-school within 2 weeks of the child's starting may serve as pre-tests for returning date in the summer camp program, It Is also expected that all participants in attendance will be past tested during the last two weeks participation in the summer program or no later than July W' if the Provider will not be funded by The Children's Trust for Out -ofter that date. Pre- and post -Pest data will be reported as of-School services a outlined-in Attachment C- r'. Staff Qualifications: Parks & Program 1 FT 7Fr Director (1) In -Kind Staff Ratio: N R City of South Miami Contract #810.567, Resolution 2008 -92 5acnew s u cy,c� ��, or experlence /knowledge for oversight of the program of management of child care services and parks Page 20 of 37 Page 21 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 •�'''•�Zt�W.�.FUr� S � .�s�i •;.��:"cN.�otFgP"%' �Yrxg C gay. RtrS,ad}'% , 'Bachelor's aiV°:.�t3'r 1 FT 1 F1' Administrative Assistant degree or in-Kind purchasing oparge of payroll, I FF i FT (1)In -Kind Staff experience in administrative working materials, supplies, etc. Ratio: N Ratio: N within child care services and /or parks & recreation activities Bachelor's degree or In Kind Service. Oversees the 2 Fr 2Fr Recreation Site Manager experience in child care Summer Camp and After - 1 FT 1 FT (1} in-Kind Staff services and /or parks & School douse Programs Ratio: N Ratio: N recreation activities. Administer data collection Grant Administrator (1) Supervisory experience /inputting and reporting for Page 21 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 Recreation Supervisor tsacnewa c 4 =91 experience in child care S -u r the Summer Camp and Afte 1 FT 1 F1' (1) In -Kind Staff services and /or parks .& School House Programs Ratio: N Ratio: N recreation activities. Supervisory experience referred. Experience in child care In -Kind Service. Manage the 2 Fr 2Fr Recreational Leaders (2) services and /or parks & Recreational components of school and summer - (In -Kind Staff) recreation activities, after ro rams. Ratio: N Ratio: N Bachelor-s degree and /or Administer data collection Grant Administrator (1) administrative /inputting and reporting for 1 i - (Staff) experience. A program. Ratio: N Ratio: N background in administering grants containing child care services and /or parks & recreation activities referred. Bachelor's degree andJor Will provide instruction and Teaching Certificate and homework assistance to 3 PT 3 PT Instructors (3) - (Staff) experience in child care include adherence to reading Ratio: Y Ratio: v services and /or parks & programs. recreation activities. Experience in child care Oversee the tare of 1 PT i PT Recreational Leader (1) - services and /or parks & recreation activities. participants and assist in running of programs. Ratio: Y Ratio: Y (Staff) Experience in child care Provide tarn of participants Recreational Aides (14) - services and /or parks & and assist In running of 6 PT 14 PT (Staff) 8 are seasonal recreation activities. programs., Ratio: Y 12 PT Ratio: Y 12 PT Experlence in same or similar tutoring position In -Kind Service, Assist Instructors with homework Ratio: N Tutors (12) - (in -Kind) having worked with child completion and reading Ratio: N care services referred, Experience in or ability ro rams. Assist Instructors, leaders, 40 PT 40-PT to work in child care or tutors, and aides, in execution Ratio: N Rauo: N 40 (Volunteers) parks &recreation monitoring pof children, setting. chaperones to field trips, under the supervision of Page 21 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 6, Ratios: School Year 2008/2009: 13 Children per 1 Direct Servla,Staff i vaar for Children with Disabilitles 2008/2009: Children er 1 Direct Service Staff Summer 2009: Summer for Children with Disabilities 2009: Innovative Summer 2009: 13 Children per 1 Direct Service Staff Children per 1 Direct Service Staff Children per i Direct Service Staff 7. Best practices: I. Provider shall perform its duties, obligations, and services under this Contract in a skillful and respectful manner. The quality of comparable to local, state and national best practice standards. provided to or on behalf of The Trust Shall be comp THIS SPACE IS LEFT BLANK INTENTIONALLY Page 22 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 ContractorJProfesslonal Experience in youth Conduct Jump Kope Dcl vl. ` for children of the program 1 PT Rath: N 1 P7 Ratio: N Service: Assoc for &grec recreation under an established Jump Rop a ate parks settings preferred, curriculum under the guidance of Recreation Supervisor & Recreation Aide. ConCractorJProfessional xperience youth Conduct Science Education Services for children of the 1 PT Ratio: N 1 PT Rato: N Service: Mad Science educationa3in program under an established Associate programming. curriculum under the guidance of Recreation Supervisor & Recreation Leader. Contractor /Professional Experience in y outh Conduct Hip -Hop Dance iian Sao 1oT Ratio: N OPT Ratio: N - Service: No Easy Props dance programming for & recreation ram under established program Hip Hop 101 Associate parks is preferred. under the guidance setting of Recreation Supervisor & Recreation Leader 0 PT 1 PT Contractor /Professional --Experience in youth Exp development technology Conduct Video Game & Technology Creation Services Ratio: N Ratio: N Service: Children's for children of the program Technology p programs. under an established Associate curriculum under the guidance of Recreation Supervisor & 6, Ratios: School Year 2008/2009: 13 Children per 1 Direct Servla,Staff i vaar for Children with Disabilitles 2008/2009: Children er 1 Direct Service Staff Summer 2009: Summer for Children with Disabilities 2009: Innovative Summer 2009: 13 Children per 1 Direct Service Staff Children per 1 Direct Service Staff Children per i Direct Service Staff 7. Best practices: I. Provider shall perform its duties, obligations, and services under this Contract in a skillful and respectful manner. The quality of comparable to local, state and national best practice standards. provided to or on behalf of The Trust Shall be comp THIS SPACE IS LEFT BLANK INTENTIONALLY Page 22 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 ( k E ! �\ � E kE }\| •!E .i ! |! | ) §k■ |!!! !!f, ( | |7 ) � \� M ) £ � )� \ \ ! k \k/ }!k� ;rk k�(& E| !!! � \\ (\) !,! ;!. \�\ |)t R| \| )i! ! ;| } }| / / \ } 03 am S � 0 N R H a 8IR $ y o� ° In {xy1 q b b ° N < io m 4e Y a Q YI" Y m y k; e g N 4{ 1O ° � z ° 6 O ° I � 4 (A m�7oAa O Q e C $ Y Y c E m m 4 mn U 0 4 a I; 0 a Z n a �ag �z B1�" �" g�r.zAzago b Q � =l��j�l °a I ; w • � � IR 1 I F (g a x ply} i s Y }I y O IKD IY 1j o S °C tl N m a d �p I C m 5 3 >a�a W E K It e a e�, G hlr a s� a e J p NJ a g a C $ Y m t N X10 a 2 Q y 0 �v ll b a 9 ATTACHMENT B: Budget & Method of Payment Page 25 of 37 City of South Miami Contract #810.567, Resolution 2008 -42 ATTACHMENT B FISCAL REQUIREMENTS, BUDGET & METHOD of PAYMENT Advan m PaVm cent recipeSt5 Advance requests shall The Children's Trust offers advance payments up to 15% of the total contract amount. he limited to governmental entities and rations, in accordance with subsection 216.1 not - for -profit corporations, 81 {16} (b), S submitted using the designated form ormhand amount ust be approved in writing by The Children's Trusts Contract Manager and Chief Financial Officer or their designee(s). bearing acoun, In accordance Advanced funds if not used shall bF SnvInterest earnedroondadvanced funds shall bet returned tocThetChildren's Trust with subsection 216.181 (16) (), on a quarterly basis or applied agaihst the amount of the contract owed by The Children's Trust. Advanc Payment the actual hiehadvan red funds usingfthe reporting advance, form i provided by he children's Trust. ,t If the "invoice"cam amount is less than the amount advanced, The Children's Trust will sextension of theitepayment oft he advancep1i A fiscal need payment request. Provider may request, in writing, must be clearly demonstrated and substantiated by the Provider in order for an extension request to be considered by The Children's Trust. R udclet revisions nd OfFlCer or their( designees) Requ st forrpbudgetr� visionsomusttbeesubmitted toe the isContract Manager using the appropriate form, as determined iBudgettesvdis ons can not The exceedProvider thcontracted amount Budget reviisio n will be and /or modify any line item(s)• incorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (IO %) percent of the total contract award. • Cost Reimbursement Method of PavmeDt The parties agree that this is a cost reimburse pyed budgetrevi Pon asnset forth n� this Attachment. aiNo expenes accordance with the approved budget and /or app may be incurred during July for programs offering after - school services only. Invoice Requirements In accordance ewith then approved budget org approved pbudget trevis revision. represcribed uest for payment is Children's orr before t he fifteenth wl day of the month following the month in which expenditures were incurred (exclusive of legal holidays documentation. Provider on a monthly billing basis. The Children's Trust or weekends). The Children's Trust agree reserves the right to request any supporting A final request for payment (last payment) from the Provider will be accepted by The tChildren's nnt shall be to forty-five ted If (45) days after the expiration of this Contract. If Provider fails to comply, 9 payment I The is not entitled, ntitledUProvidernshall return suchrfunds ton Tphe Children's Trust or submits pproprate documentation to o is entitled the The Children's have the sole discretion In determining Providei It binding if in funds n accordance with h isContract and The Children's Trust s decision on sha accordance with this Contract. Page 26 of 37 City of South Miami Contract #810-567, Resolution 2008 -92 delay in amendment by If the Provider fails to serve the arnmend the Participants to reduce theiamou tlolf dollars, Any e accordance with the s to Contract, The Children's Trust may The childre's Trust papas i accordance with the Contract, Trust's right to amend or seek reimbursement or deemed a Waiver Of under-serving P requests In order for a request for payment to be deemed proper as this defined Contract the Florida Prompt Payment Act, ail for payment must comply with the requirements e hand /orsdocumentationrretur'nedsto Provider for corrections m receipt of payment. Late submission may result in delay in receipt u payment. prescribed t The Children's Trust. Requests for payment may be cause for delay ' 3p calendar days of receipt of Provider's properly submitted Request Children's Trust shall pay Provider within thirty (3o) for Payment and /or other required documentation, overpayment has been said overpayment within thirty {3D) calendar days without prior notification from The In the event that Provider, its independent audito r or The Children's Trust discovers that ri made, Provider shall repay Children's Trust, The Children's Trust shall retain any payments due until all required reports or deliverables are submitted an accepted by The Children's Trust. supporting Documentation Requirements or compensation of any kind for any Service covered by this Contract, and shaft make all such records Provider eceivded from any client or other third patty, ecords of any fees collected, reimbursement , available to The Children's Trust upon request. The Provider shall maintain records documenting actual expenditures and services provided according to the approved budget and scope of services as required. THIS SPACE IS LEFT BLANK INTENTIONALLY Page 27 of 37 City of South Miami contract #810-567, Resolution 2008.92 City of South Miami Areas in Blue to be completed by the Agency GENERAL INFORMATION Cites of South Miam( Organization Name: (For example: JUIY 1) Agency Fiscal year Begins: Program Titie. The After Program Budget source of Funding . I :tale GLrapL- -0qR,;Lat!,ns1CharftabIe Funds ash n -glnd .pqat lbudons . ........ • Aitaohment B. Cowed 810-567, Resolution W08-92 Agency Budget c/o of Agency Budget Page 28 0137 °m m `c 0 N 9 'II n v E �^ h 4 W s ° 0 4� a 0. y iy < a u E u m£ r n tt ti s ° ,,eQQxti. A do g o � �l � L Fj Lo Le° a ° Q iy sc g fr s m �N q a _�i m m m m 'pyiJi M W �i'i ro W 1%i Y y W YY YX O Aa M it � � ` � x° •� g � o o � °o °o v"i ° ° '�R R. n! .�? �j rn � o a m oBoV�t+ ° m� ENE ryry u r� E19 E RE�y 4 CsI. '3� � ty �A N�NN O �� E � O ym NHri V14 UINri N4Nl4 r.. .Fa n °a A G E. �arir'n bit Naain &r"b madr �m �C't r i I � p �O o �O 'OO m Im vi ix' :N 4H < � o jN : iojo jo jo jo ja j� �� ►e ;� I S 8 s ,s U D E 5f 5 N P •If O 1'i 6 '� IR �mj H � N N.}'' � N M H � xn %X � x X 12� n 33j �12 x q' % x % Y Y 1�. E %X L^. L`�oy oo s y f'n1 CL }y LL fnV GrgO( N 00 O,jNj mOP p �O.jq �jl G3 riT M O T OpNN O q•~ N'.p�'N~ N.P.4 W�v OtlYYY pl: WN�I Vl C (y8J E O1O ^IR Om O N O H' NN N w� �.G L YI O N O YEN x—,�e VyX Yp� '4a TY� di {{o,�a'i .42 A o li3%, oSia' °$UyE �gg� 0 00 og_ Eb6E v 3 E°N'ti `$0c7 a`'c3 bpu bN b (P.b �EISb — mqL — EfiygH £E E{.uEB 8 Eo 4 E Sill � Eg E1 E I° ayy`}�� Qy s Sill N N »� N NK� INQfi1 �iC N$�G o6Nf"i o6Nt o61�i +I'. 'o N� N06VI r+ N6Nti o4V1� ,Gi �N p IN .(i 'O gyp' 1O n •N IH IN � I n �ry A C x II Pi E rn v n 8 m »$ i m 9 m E a` 1E M a ATTACHMENT C= Reporting Requirements Page 33 of 37 City of South Miami Contract #810 -567, Resolution 2008 -92 Attachment G Programmatic Data Reporting Requirements The Provider shall submit to The Children's Trust individual participant demographics, attendance, and outcome data, as noted in the Scope of Service (Attachment tiA) (Data Ting will Includ eli direct submission of information into the electronic web -based reporting app 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 (151i) 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 (151i) 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 languages) 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 (or mental retardation), Learning Disability, irPhysical Disability, Speech /[anguageiImpairmient fifty 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., DJJ, Juvenile Services Department, diversion /Civil Citation programs) Voluntary Consent Responses (Photography Y /N, Mailing List YIN, Communication Y /N, and Release & WaiverY /N) Page 34 of 37 city of South Miami Contract #810 -567, Resolution 200 &92 OUTCOMES & NARRATIVE REPORTS (Paper Reporting - Excel and Word Documents) pas reports customized f � • outcomes vr n Results '(Excel a dng to program/provider, based on current contract scope of schedule below. • Quarterly Program Narrative Report (using standard Word document format provided Y y the captures a BRIEF report of successes, challenges and supports needed —due quarterly by -of the month following the end of 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 re the Community services. Evidence maintained by the profile(s) ithaveabe of created Miami to or updated must Ibe provided nto the Prog Trust-funded m Coordinator within 30 days of execution of this contract. SCHOOL YEAR 2008 -2009 October 15, 2008* 1. Outcome Report (Excel) 2. Narrative Report (Word) .January 15, 2009* Out of School Reporting Due Dates (Number of school year pre- and post -tests administered through 9/30/08) 1. Outcomes Results (Excel) (Any additional pre -tests and all through 12/31/08) 2. Narrative Report (Word) April 15, 2009* mid -point and post- tests administered i. Narrative (Word) 2. Satisfaction Survey Results (Excel} June 15, 2009* 1. Outcome Results (Excel) (Any additional school year pre -tests and all post -tests administered 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 camp 2009) 2. Summer Narrative report (Word) 3. satisfaction Survey ( *if the 15`h falls on at weekend/ holiday, then reports are die the following business day. n Lice post-tests during the ar f thirty (30) or participants who withdraw from the days have passed from the pre- orh prior notice during the y midpoint -test date. Page 35 of 37 City of South Miami Contract #810.567, Resolution 2008 -92 ATTACHMENT D: Financial Audit and Financial Report . Requirements Page 36 of 37 City of South Miami Contract #820 -567, Resolution 2008 -92 Attachment D Financial Audit and Financial Report Requirements The auditor's report(s) as to the, program specifc 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: An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the provider is presented fairly in all material respects in conformity with the stated accounting policies; An opinion (or disclaimer of opinion) as to whether the schedule of expenditures is presented fairly in all material respects in conformity with the stated accounting policies; A report on internal control related to The Children's Trust contract, which shall descr,(be the scope of testing of internal control and the results of the tests; A' report on compliance which includes an opinion (or disclaimer of opinion) as to with thThe hChildren's Trust iewhich could regulations, tao direct and provisions effect ot the program; and A schedule of findings and questioned costs for The Children's Trust contract that Includes a summary of the auditor's results relative to The Children's Trust and findings and questioned costs. THIS SPACE IS LEFT BLANK INTENTIONALLY Page 37 of 37 city of South Miami Contract #810 -567, Resolution 2008.92 officerstExiewtive Committee David Lawrence Jr: Chair Dr. Wil J. Blechman Vice Chair Josee Gregoire Secretary Hon. Isaac salver Treasurer Isabel Afanador, Chair Program Services Committee Maria A. Alonso, Chair Procurement Committee Hon. Norman S. Gersteln At -large ' Dr. Miguel Balsem At -large • , ' Dr. sYeven E. Marcus, Chair Human Resources Committee Dr. Judith Schaechter, Chair Health Committee The Boatel of Dire ctors Alan Abramowitz Dr. Nelson Adatds Yvette A)eman Karen Aronowttz George M. Burgess Dr. Rudy Crew Luis A. Gazltua Benjamin F. Gilbert, Jr. Mindy Gould• Charisse Grant Silvia La villa Hon. Barbara Jordan Dr. Martin Karp Hon. Lester Langer Pamela Lillard . Elliott Knofsky McCarthy Dr. Rosa Martin Rep. Juan - Carlos 01C." Planes Gerald K. Schwarz Dr. Jose Vicente Chet Zerlin' Modesto E. Abety President & CEO County Attdmey's Of 0 Legal Counsel .. 01 . ... 4 osnwrci The Wdr"EhWhiSt- July 31, 2008 Ajibola•Balogun , City of South Miami . 6130 Sunset Drive • South Midmi, Florida. 83143 RE: Out -of- School Contract #810 -567 Dear Mr: Balogun: The. Children's Trust•is. issuing this Service Authprizatioh to permit City of South Miami to provide after - school and /or summer camp services beginning August 1, 2008 thritugh ,July 31,•2009,'while the FY 2008/2009 contract Is stlll i eing ;�ragotiated an&executed. Funding not to exceed $174,888.00 has.been awardeU for services dellvered during this period. ' We ask for your, prompt attention to* preparation of the 2008 -2009 contract. Please submit all documents requested by•the dates, established by your- Contract Manager in order to execute the contract by' no later than September 30, 2008. if you have. any questions about the contract proces §, please contact your Contract Manager, Gilberto Gonzalez. we look forward to our continued relationship with you working'on'behelf of ,the childred and families of Miaml -Dade County. Wdesbi B, ANty.� President /CEO cc: Contract file AUG 0 a 2008 3150 SW 3r6 Avenue, 8"' Floor, Miami, Florida 33129 --Tel: 305 - 571 -5700 f Fax: 305- 857 -9592s www.thechlldrenstrustorg