Res. No. 098-08-12695RESOLUTION NO 98-08-12695
A RESOLUTION OF THE MAYOR AND CITY COMMISSION • THE CITY • SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE CHILDREN'S TRUST FOR THE JULY FOURTH EVENT IN THE
AMOUNT OF $10,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has been awarded a grant from the Children's Trust for the
July Fourth Event in the amount of $10,000.00; and
WHEREAS, the Mayor and City Commission wish to accept the awarded funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY
• 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 July Fourth Event in the amount of $10,000.00.
Section 2: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this 1 day of laiz '2008.
ATTEST:
Y CLERK
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5-0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Wiscombe: Yea
CJTX-*TT-G-RNEY Commissioner Palmer: Yea
Commissioner Beckman: Yea
Include File Name and Path
CITY OF SOUTH MIAMI 1111.,
t R9 OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
Subject: July 4t" Event
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH THE CHILDREN'S TRUST FOR THE
JULY FOURTH EVENT IN THE AMOUNT OF $10,000.00; AND PROVIDING
FOR AN EFFECTIVE DATE.
Request: Authorizing the City Manager to execute an agreement with Dr. Tango, Inc.
Reason/Need: The City of South Miami has been awarded a grant for sponsorship in the
amount of $10,000.00 from the Children's Trust. The attached resolution
will allow the City Manager to execute the agreement with the Children's
Trust for the July 4t" Event at Palmer Park.
Coost: $10,000.00
Funding Source: The Children's Trust
Backup Documentation:
Q Proposed Resoluti
El Contract •
CONTRACT NO. $41-567
BETWEEN THE CHILDREN'S TRUST
AND THE CITY OF SOUTH MIAMI
FOR THE JULY 4TH UNITY D" PUBLIC'AWARENESS EVENT
THIS CONTRACT, made and entered Into o by and between The Children's Trust whose address is 3150 S.W. 31d
Avenue, 8i'h Floor, Miami, Florida .33129 and The 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 "Partlesl agree as follows:
01194444��,
The effective term of this Contract shall be from June .1, 2008 through July 31, 2008, subject to funding availability
and Provider's performance as expressly provided below.
k. TERMS
• RENEWAL (NOT APPLICABLE TO THIS CONTRACTZ.
In the sole discretion of The ChildrEWs Trust this Contract - may -be renewed twice and with the acknowledgement of
the Provider, each 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 Child re.n.'s. Trust in its sole *discretion will
consider, but is not limited, to, the following,
1. Provider meeting the performance requirements specified in this Contract.
2. ' Continued demonstrated and documented need for the services funded;
,3. Program or service(s) 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.
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.
Subject to the availability of funds, the maximum amount payable for*Services rendered under this Contract shall not
exceed $10,000.00. The Parties agree that should- available funding to The Children's Trust be reduced, the amount.
payable finder 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.
411111111��� ' 041111'111
1..Double Payments
Provider costs or earnings claimed under this Contract may not. also be claimed under another contract or
grant from 'The Children's Trust or, unless such claim is denied by The Children's Trust, from any other
agency. Any'dalm for double payment by Provider shall be a material breach of this Contract.
2. No Supplanting of Existing Public Funds
The Children's Trust funding may not be used by any provider as a substitute for existing resources or for
resources that would otherwise be available for children's services, or to replace funding previously provided
City of South Miami Page 1 o €19
Contract #:841-567
by and currently available from local and state funding sources for the same purpose. Govemmentagencies
must certify that they have maintained their previous funding kau4 when applying for additional funding from
The Children's Trust. A violation of this section shall be considered a material breach of this Contract.,
. `
3. Use mf Cost Allocation Methodology (NOT APPLICABLE TO THIS CONTRACT)
Provider attests that no. other reimbursement is available or used for invoiced Services unless expressly
authorized in writing by The Chi Trust, Provider shall develop and maintain a cost allocation
methodology and a copy shall be submitted toThe.Chi|dren'sTrust.
4. Capital Equipment (NOT APPLICABLE TO THIS CONTRACT)
Capital equipment is included in the definition of "property' under Florida -Statutes, Chapter 274, and Florida
Administrative Code,' Section 691-73.002, and is defined for'purposes of -this Contract as indivi " dual 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 Prov ' !der 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 Chi ldren's, Trust, -The Children's Trust will work with'Provider to tag the asset and receive a 1 11
information regarding the *capital ' equipm ' ent. , Provider must ' rnaintairi a record of any capital equipment,
purchased with funds provided by The Children's Trust. When Provider is no longer funded by The thildr.en's
Trust, the equipment -will be returned to The Children's Trust for use by another funded program 'unless it is
fully depreciated. Provider must initiate return of such capital equipment to The Children's Trust. Ownership
of capital equipment will be transferred to Provider and removed,from The Children's Trust's fixed asset
system if the capital equipment is fully depreciated and in the possession of Provider unless The Children's
Trust has approved the retainage of any fees collected by Provider.
5. Assignments and
Neither Prdvder nor The Children's Trust shall assign this Contract. to another party.' Provider shall not
subcontrac±any -Senvices contemplated under this Contract without prior written approya| of The th|dna�s
Trust. Provider-shall incorporate appropriate |anQuage.frunmThe Children's Trust contract into its subcontract
and shall require that all subcontnactors providing services shall be governed, by the terms and conditions of
this contract. All sub-contracted providers must agree to be nitoradbyoron behalf of The Children's Trust
in the same manner as Provider under the terms uf this contract.
Provider shall be responsible for all aan/c¥s 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 |\aN|idea incurred under any
subcontract. and Provider shall be solely liable under the subcontract. Provider agrees, at Pnovdar's sole
expense, -to hold harmless and defend The Children's Trust against any such 'claims, demands or actions
related to any subcontract.
Inno -event shall. The Children's Trust directly provide funds to any subcontractor. All -payments to any
authorized subcontractor shall be paid directly by Provider to the subcontractor.
6. Religious Purposes �
Organizations and their faith-besed community partners shall not use funds provided under this Contract to
support inherently religious activities, such as religious instruction, worship,.or proselytization.
7. Lobbying
Provider shall not use any funds provided under this Contract or any other funds provided by The Children's
Trust for lobbying any,federa|,state or local government nrlegislators.
S. Adverse Action or Proceeding
Provider shall not utilize the'funds provided under this Contract or any other funds provided by The Children's
Trusttu retain any lega|oounse for any action or proceeding against The Children's Trust or any nf its, agents,
employees or officials.
'
1. Government Entity
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall
indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities
from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers,
employees, agents or instrumentalities may incur as a result of claims, demands,, suits, causes of actions or
City of South Miami Page 2 of 19
Contract #:841-567
proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract
hy Provider or its employees, agents, servants, partners principals orsubcontractors. '
Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec, 768'28, Provider shall
pay ,all claims aind losses in connection therewith and shall invest/gate and defend all dairsuits �, suits or actions of
any kind or nature in the name ofThe Children's Trust, where applicable, including appellate proceedings, and
shall pay aUcosts, judgmnants, and naasonab|e a�orn�y`sf�eswhich may �suethereon.
2. All Other rmv&dems,(NOT APPLICABLE TO THIS
Provider shall Indemnify and hold harmless The Children's Trust and its. officers, employees, agents and
instrumentalities from any and all liability, tosses or damages, including reasonable r attorneys"fees and costs
of defense, which The Childeen's Trust or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of action or proceedings of any* kind or nature'arising out o ' f, relating
to or resulting from the'performance of this Contract by the Provider or its employees, agents, s6rv"ants,,
partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or
To the extent arising from m liability that is covered by -the foregoing indemnification, Provider shall pay all
claims and |oeeoa in connection therewith and shall investigate and defend all dainms,sults or actions of any
kind or nature in the nanmecf The Children's Trust, where app|�abka, including appellate proceedings, and
shall pay all costs, judgments, and, reasonable attorney's fees which may issue thereon. Provider expressly
umderstbods'and agrees that any insurance protection required 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 mrits officers, employees, sgantaasherainpruvidad. .
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions,
drawings or other graphic representations and 'works or similar nature, The unxoneno Trust nas u license to
reasonably use, duplicate and disclose such materials inwho|e or in part in a manner consistent with the purposes
andtennsuf -thisCuntnact, and to have others acting on behalf of The Childreni Trust to do so, provided that-such
use does not compromise the validity of any copyright, trademark or patent Jf the data/materials so ..developed are
subject ^~ copyright, -trademark �— patent, legal title hand
�h -sa` � right,
vmst�n interest,
hePnn/iderorv�t��ny any
appUcab|eth1rd
any pmtan�tragen�erkorcopyngm�orappicaronrorzne�amme,w/o un
party who has licensed or otherwise permitted the Provider tn use the same. Provider agrees to allow The Children's
Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the
urpoaes and terms of this Contract, atno cost to The Children's Trust, provided that such use does not compromise
the Validity ofsuchcopyhght,hademarkorpatenL. '
Jill
The Parties understand -that this Contract is subject.to dm provisions, limitations and exceptions of Chapter 1
Florida Statutes, nrsaruu/y puu/"- /ec,."=' A`",."".g.' to the =`"="`,=..``~. by Chapter ^^~, Florida ~,~~..~~ the
Provider retains sole �mnership of intellectual, property developed under this Contract. It is the responsibility of the
Provider to Pay a|| required licensing fees �
intellectual pn�pedY owned other pmddn� i� i bsd by the
Provider into dhe'serv}ces required under this Contract. Such licensing should be in the exclusive name of the
Provider. Payment for any such licensing fees mrcosts 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.�8,and to the extent permitted by and within the limitations of Fla. Stat,
Section 758.28, the Parties shall indemnify and hold each other harmless fn»mUb||Uyofa nature kind, including
costs and expenses for oron account of third party allegations that use of any intellectual property owned uy the' third
party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the
intellectual property -rightoofthatthinjparV/
1. Breach
A material breach by the Provider shall have occurred under this Contract If the Provider through action or
ommiss�ncauses any nf the ��ow|ng:
a. Fai|stuprovde the Services outlined in the scope of services (Attachment A) within the effective term
of this Contract;
City of South Miami Page 3 of 19
Contract #:841-567
b. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract;
o. Does not furnish the certifioabs of insurance required by this Contract or as determined by The
Children's Trust;
d. Does not meet or satisfy the conditions of award required by this Contract; �
e.* Falls to submit or subnn�� incorrect or incomplete proof of expenditures to support dieburaernent
requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect
detailed 'reports nfreqoestsforpoymwnt,expenditunasurfina|expenditurenapohs;
t Does not submit or submits incomplete or incorrect required reports pursuant to the scope of,Senjces
in this Contract, �
g. Refuses to all The Children's Trust access to records or refuses to allow The ChUdren� Trust to
Monitor, evaluate and review the Provider's program orsan/|ce(s), including required client data;
h. Fails hn comply with ' child abuseandinddant reporting requinannents;
I. Attempts bo meet its obligations under this Contract through fraud, misrepresentation or material
misstatement;
j. Ra|ka to correct deficiencies found during o monitoring, evaluation or review within a specified
reasonable time;
k^ Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust
or any ofits.agencies;
|, Falls tn maintain the Md nU | of client. flies, pursuant bo Florida and federal laws;
nn. Falls. to fulfill. in o timeiy and prb| or manner any and all of its obligations, covenants, contracts and
n. Fails to comply with Background Screening, as required under this Contract.
Waiver of breach of any provisions of this Contract shall not bedeemed to beawaiver of any other breach
andehaUnotbe construed tobeaomodificatnhof the terms ofth�,Contract.
2. Remedies
If the Provider breaches this Contract, and falls to cure any such breach within thirty (30) days after receiving
written notice from The Children's Trust ident��t�b��T��i|dmm���m����a��t�
foOmwing-renlediea:
—_ --�— Trust may, '' -__� performance - ' . ,
the
Provider 'to cure any breach of this Contract as may be permissible under state urfederal law*.
Any such
remedial* plan shall be an addition to this Contract and shall not affect or render void or voidable any other
provis|on�contained|n this Contract, costs, and any judgments entered bya court ofapprophate1uhadiction.
The Children's Trust may suspend payment in h |e or in rt under this Contract by providing written notice
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, bbt the Provider shall promptly
cease usln� 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 and payrequests for payment for smn were
badand/or for deliverables that
were substnnbaUyconnp|et�dat the sole discretion of The Children's Trust, prior to the affecL|vedate, mfsuch
suspension., If payments are suspended, The Children's Trust must specify |n 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 paynnehts 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 pey requests for payment aa provided for /n such other. contracts for services that were p
and/or for deliverables that were substantially completed at the sole discretion of The Children's Trust prior to
the effective date of such suspension. The Provider shall be responsible for all direct and indirect costs
associated with such termination including reasonable attorney's fees.
The Children's Trust may terminate this Contract by giving written notice to the Provider of such termination
and specifying the date- thereof at least five (5) business days before the effective date of terminatio.n. 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 prepa�ed and
secured by the Provider with Trust funds under this Contract subject to the rights of the Provider thereto as
provided for in Paragraphs G and H above; (b) seek reimbursement of any Trust funds which have been
improperly paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the
City of South Miami � � Page 4of19
Contract #:841-567
Provider under this Contract, except that The Children's Trust shall continue to review and pay requests for
payment for services that were performed and/or deliverables that were substantially completed at the sole
discretion of The Children's Trust prior to the effective data of such termination; and/or (d) terminate or
�
cancel any other contracts entered into betweenThe Children's Trust and the Provider by providing separate
xvhtLen notice to the Provider of each such termination and specifying the effective date thereof, vvhidh must
be at least five business days before the effective date of such termination, in which event The Children's
Trust shaO tontinoe to*review and pay requests for payment as provided for in such other contracts for
'
services that were performed and/or for deliverables that were substantially completed at the sole discretion
of The Children's Trust prior to the effective date of suchtenninati9n. U
�heProvid�rsh�bereeponsib|ufbreU
direct and indirect costs associated with such termination, including ns�sohab|eattorney's fees.
The Children's Trust enforcement of this Contract including but not limited to filing an action with
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.
Except as required by Florida law -for government entities, prior to��c�o ��|s�n�c and asocohdh�n�
axecut�n, providar shall provide to The Children's Trust Certificates
of Insurance or, as applicable, a letter ofself-
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 on all applicable policies. The Children's Trust shall not disburse any funds until The Children's Trust is
provided with the necessary Certificates of Insurance, letter ofself-insurance or written verification (binders) and The
Children's Trust has approved such doouno�nts. The Children's Trust shall have the hghtstu review said oertUicetesor
letters and if applicable, reasonably require updating of types and amounts of coverage provided upon any renewal of
this Contract.
1. Worker's indepondent -cnntrmctonsandor
consultants of the Provider, as required by Florida Statutes, Chapter 440. The employer's liability portion will
be $500,000/$50D,000/$500,000 osaminimum. �
2. less than $500,000 combined
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 general liability policy must contain
coverage for the following:
-' Bodily Injury;
b0 '
c) 0o exclusions for Abuse, Molestation orCorporal
Punishment;
d} No endorsement for premiseo'on|yoperations.
The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear"
with respects to this coverage.
3. Children's Trust. The liability coverage V0111 be
the same as the coverage- ' and limits required for comprehensive general liability and The Children's Trust must
be designated and shown as �Addltional Insured as Their Interest May Appear." Special E ' vents policies are for
short term functions and not meant to replace annual liability policies. The coverage is for the day or days of
the event and must provide coverage the day prior and the day following the event.
4. Automobile liability coverage for all owned and/or leased vehicles of the Provider and non-owned coverage for
their employees and /or sub-contfactors transporting program. participants. The amount of coverage is
$^"~._'___ combined _single -limit per occurrence ___ for bodily injury ' _and property damage.
'Additional must, be designated and shown as an Insured as Their Interest May Appear with respects to this
coverage. Coverage can be purchased as non-owned without hired auto coverage, but rental cars can not be
used in the course of the Providers regular operations. Rental cars may be used for travel to attend
conferences outside the tri-county area.
City of South Miami Page 5 of 19
Combact#:641'567
S. Automobile liability -coverage for all owned and/or leased vehicles of the Provider-and non-owned coverage for
their employees and /or sub-contractors not transporting program participants. The minimum amount of
coverage is $300,000 combined single limit per 'occurrence for bodily injury and property damage. The
Chi|dren'sTrustnnustbadesignetedand"shownasan"Add|tiona|InsuradaaThgrInterestMaVAppear'm/ith
respects to this coverage. Coverage can be pur6ased as non-owned Without hinadautn coverage, but rental
cars can not be'used in the course of the Orovider's regular, operations. Rental cars may be used for travel to
attend conferences outside the hi-county aoaa.
G. If applicable, Professional Liability insurance, as determined by The Children�s Trust, with coverage amounts
determined by The Children's Trust but not less than $25O,OOO per claim and |n the oggnagate. 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 toba named as'an Additional Insured.
?. If applicable, Proof of.Property Coverage is required when the Provider has capital equipment paid forby The
[hUdndn'sTrustandss|doapita|adu1pmentisunderthecanacustndyandcontno|oftheProvder. The
Children's Trust must be shown.on the evidence of property coverage as a Loss Payee. '
certificate holder must read:
The Children's Trust
3150 SW.3"m Averiue, Wh Floor
Miami, Florida 33129
All insurance policies required above shall -be issued by companies authorized to do business under the laws of the
State of Florida, with the following qua|Kications:
The company must be rated no less than "B" as to management, and n6 less than����t�fi��a|���
by the |atastcd��n of Best's Insurance Guide, published by A.M. Best Company,
CUdvvck, New Jersey, or its
equivalent, subject to the reasonable approval of The Children's Trust's Risk. Management Division, or The company
must hold a valid Florida Certificate ofAuthur�ya � shown in the |ateet~UaLof/U| Insurance CnmopaniesAuthohzedVr
Approved tnDo Business |nRoMda"iseuedbythoStateof Florida Department'nf Insurance and are members ofthe
Florida Guaranty Fund.
The Provider shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including,
_ -
but not limited, to any renewals-of existingIosuranos policies, not later than thirty (3O)days prior to, the effective,
-- -_
date except for ten (10) days for lack of payment changes.
In the event of any change inthe Provider's Scope of Services, Attachment A, The Children's Trust may Increase,
weive�or modify, io writing any nf the foregoing insurance requirements. Any request bym Provider todecrease,
waive 6r modify any of the foregoing insurance requirements shall be approved, in writing, by The.Chl ld ren's -Trust
prior toanV.such decrease, waiver ormodification.
In the event that an insurance U Is canceled during theeffect\vepehodofthisContnact,TheCh||dren'sTrustsha|
withhold all payments from the Provider uhLU a new. Certificate of Insurance or -written verification (binders) of
insurance required under this section is submitted 'and approved by The Children's Trust. The new Insurance policy
shall cover the timeperiod commencing from the date of cancellation of the prior insurance policy.
The Children's Trust may requir e "the Provider to furnish,additional and different insurance coverage, or both, as may
he required fron1 time to time under applicable federal or state laws. Provision of insurance by Provider, in no
instance shall be' deepmed to be a release, limitation, or waiver of any claim, cause of action or assessment that The
Children's Trust may have against the Provider for any liability of any nature related to performance under this
Contract orotherwise.
'
All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket. policy orpolicies
of insurance.
`
Provider is required to keep on file the following documentation for review by The Childrene's Trust.
The Internal Revenue Service (I.R.S.) tax status determination letter;
The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after the Provfder'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.
CIty of South Miami Page Gof19
Contract #:841-S67
All notice's pureoant'to this Contract shall be in writing and sent by certified mail to the addresses for each Party
appearing the first of this'Contract, and inthe case of notices to The Children's Trust, marked to the attention
offt�.President andCEO."ItisnachParty'snesponsibhtytnadvisetheotherPmrtVinwhtngofanychangesinname,
address and/or telephone number.
Both Parties agree that this Cont����n��t���nmyn[ and s�pu��orim��no���b��n,t�
contracting parties. It ' understood and intended that Provider is only a recipient of funding support and is
not an agent or instrumentality or The Children's Trust, and that Providers agents snd'mmpk4ees are not agents or
employees of The Children's Trust.
1~ Accounting r6cmrds
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-6f
this Contract have been complied with and final payment has been received and appropriate audits have been
submitted to and accepted by the appropriate entity.. However, if.any audit, claim, litigation, negotiation or other
action involving this Contract or Modification hereto has commenced before the expiration of the retention period,
the records shall be retained until, completion of the action and resolution of all issues which arise from it or until
the end of the regular retention period, which ever is later.
2. , Financial audit ��T APPLICABLE TO THIS CONTRACT)
�
Within 180 days of' close nf 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
— - -
Contract remains In force and _ _— _ funds-expended _ from this _—act have
conducted in accordance with auditing standards generally accepted in the United States of America andstandards
contained in -the Government Auditing Standards issued by the Comptroller General of the United States. ,
If'ProvNer 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-spedfic
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
• each
The Children's Trust contract by contract number, (b) sum , mary of schedule of prior audit -findings, (c)
disclostire,of any significant finding(s) relating to The Children's Trust contract(s), (d), disclosure of all
questioned costs and liabilities due to The Children's Trust, with a reference to the contract number
involved, and (e) a recommendation -for a corrective action plan on any finding;
• Report whether the schedule of expenditure(s) is fairly stated;
• rnw/ue notes to the sc=""= of =^p=."'""'"= that describe the. significant accounting policies _ used _
preparing the sohed�e;
• RapodL'whether contractual matching requirements were met, if applicable;
• Report whether the p�ovider has internal controls in p|ams.to provide reasonable assurance of.comp|ionoe
with �ha.-ChAdnan'aTrust 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 audit threshold requirement of a combined total of $�00,000
or more from The Children's Trust, inthe fiscal year bengaudhed, 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 tosubmit
the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's
reports and the corrective action plan when the schedule of findings and questioned costs prepared by the
City of South Miami Page 7 of 19
Contract #:841-:567
independent auditor discloses audit findings. In the event that the independent auditor does not disclose audit
findings,, Provider shall provide written notification to The Children's Trust that an audit of Provider was conducted
in accordance with applicable laws and *regulations and that the findings and questioned costs disclosed no' audit
findings related to this Contract; . and, that the summary schedule of prior audit findings did not report on the
status of any audit findings relating to awards that The Children's Trust provided.
Audit extensions may be granted in writing by The Children's Trust, after proper approval has been obtained from
The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by
the Provider.
3. Access to records
The Children's Trust reserves the right to require Provider to submit to .an audit by an auditor of The Children's
Trust's 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 be audit by The Children's Trust to irisure compliance with applicable
accounting and financial -.standards, Including access by The. Children's Trust or its designee, to Provider's
independent auditor's working papers for complying with federal, state or local requirements.
4. Monitoring
and/or unscheduled monitbrings, 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.
5. Client Records (NOT APPLICABLE TO THIS CONTRACT)
Pursuant to Florida.. Statute ..119.071(5), -The Children's Trust. collects, the social. ,-s.ecurity,,,nurn:bers.-.,,of chil I d
participants of funded programs and services for the following purposes: (a) to research, track . and measure the
impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs
and services for the future (individual identifying information will not be disclosed); (b) to identify and match
individuals and data within and among various systems and other agencies for research purposes. The Children's
Trust does not collect social security numbers for adult participants.
Provider shall maintain a separate file for each child/family served. This file shall include all pertinent information
regarding program enrollment and participation. At a minimum, the file will contain enrollment information
(Including ng parent registration consents and child demographics), service plans, outcome measures (as set forth in
AttachmentA), and notes documenting referrals, special needs, or incident reports. These files shall be subject to
the audit and inspection requirements under this Contract, subject to applicable confidentiality requirements. All
such records will be retained by the Provider for not less than five calendar years after the participant is no longer
enrolled'. Provider agrees to comply with all applicable state and -federal laws on privacy and confidentiality.
B. Internal Documentation/ Records Retention
Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the
following as may be applicable, subject to applicable confidentiality requirements: (1) personnel, files of employees
which* Include hiring records, background screening results, job descriptions, and -evaluation procedures; (2)
authorized time sheets, records, and -attendance sheets to document the staff *.time., billed to provide Services .
pursuant to this Contract; - (3) daily activity logs and monthly calendars of the provision of Services pursuant to
this Contract; (4) training modules; (5) pre and post session questionnaires; (6). participant consent and
information release forms;* (7) agency policies and procedures; and (8) such other- information related to Service
provision as described in Attachment A; all upon request by The Children's Trust. ' Provider shall retain all, records
for not less than five years beyond the last date that all applicable terms of this Contract have been -complied with
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 t ' he course of performing the Services hereunder, each
party may have access to certain confidential and proprietary information and materials of.the other party in order
City of South Miami Page 8 of 19
Contract #:841-567
to further performance of the ��n� cee. The Parties shall protect confidential information and comply with
app|ioab|efeclena| and state laws on confidentiality to praventu use/ dissemination or publication of
confidential information as each party uses to protect its own confidential information in a like manner. The
Parties shall not disclose the confidential infbnnation to any third party (except that such information may be
disclosed to such Party's attorneys), orbu any employee of such Party who does not have a need to know such
information, which need is related to performance of responsibility hereunder. However, this Contract imposes
no obligation upon the Parties with respet1 to confidential information which (a) was.-lawfully known to the
receiving party before receipt from the other, (b) is or becohnms a matter nfpublic knowledge through no fault of
the receiving party, ( is -rightfully received by the receiving party �onn,a third �
party without restriction on
disclosure, (d) is independently deve\oped�by or for that party, (e) is disclosed under operation of |a (f) is
disclosed by the receiving party with the other party's prior written approval or (g) is subject to Chapter 119 of
the Florida Statutes or is otherwise required to be disclosed by law. The confidentiality provision of this Contract
shall remain in full force and effect afterthe termination of this CnnLract.
B. Secu
i ~ Obligation
Provider. shall maintain an appropriate level of data security for the information Provider is collecting or using ^ in
the performance of this Contract. This includes, but is not |i ded'
approving and tracking all Provider
employees who request system or information access and ensuring that user access has been removed, from all
terminated employees of Provider.
Any'aiterations, va modifications, extensions or waivers �of prmv��nsofth� Contract induding but not Um�ed
to amount b| and ef�'ct�eterm ahaUonly ba valid when theyhave been reduced bx writing, duly approved and
signed by both Parties.
This Contract shall beinterpreted and construed in accordance with and governed by theJaws of the State of Florida
without nagard.tn its conflicts. nf laws provisions. Any controversies orlegal problems arising out uf the terms ofthis
Contract and any action involving the hfo menturinterpretationufanyrightshereundershmUbesubnmittedtnthe
jurisdiction Of the state courts of the-Eieventh Judicial- Circuiti in and fory Miam !-Dade County,--Flonda.
Q. EMPLOYEE BACKGROUND �������NG (NOT APPLICABLE TO THIS CONTRACT)
In accordance with Sections g43.O54Z, 984.01, Chapter 435, 482, 39.001, and 1012.465 Florida Statutes, as
applicable, employees, volunteers and subcontracted personnel who work in direct contact with children must
complete satisfactory Level 2 background screenhig; Level 2 Background screenings rnust'be completed through the
Florida DepartrdontofLaw Enforcement (FDLE), \/BCHS Prdgnam' 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 Departme6t of Juvenile Justice (DJJ) or the Miami Dade County Public School �PB) A
clearance letter from MDCPS 0 ' ffice of Employment Standards indicating the person has successfully completed a Leve 1 1
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 employe I e, volunteer and/or subcontractor every five years.
All provider personnel orsub-domtracte d agency personnel assigned to work at a site where they have access to
children shall haVea Level 2 screening.
Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans
with Disabilities Act. By policy of The Childr6n'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.
1.Non-disceimm!nation and Civil Rights '
Provider shall not discriminate against an employee, volunteer, or client of the Provider on the basis of race,
City of touth Miami Page 9 of 19
Contract #:841-567
color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin,
disability, or age, except that programs,may target services for specific target groups as may be defined in the
competitive solicitation.
Provider shall demonstrate that it has ' standards, policies, and practices necessary to render services in a
manner that respects the worth of the individual and protects and 'preserves the dignity* of people of diverse
cultures, classes, races, ' religions, sexual orientation, and ethnic backgrounds.
Provider agrees,to abide by Chapter 11A of the Code of Miami'-Dade County ("County Code"), as amended,
which prohibits discrimination 1 . n employment, housing and public accommodations; Title VII of the Civil Rights
Act of 1968, as amended, which prohibits discrimination in employment and public accom modation; the Age
Discrimination Act of 1975, 42 ' U.S.C. Section 6101, as amended, which prohibits. discrimination in
employment �because of age; Sectio ' n 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as -amended,
which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C.
§12101 et seq., which prohibits discrimination in employment and public accommodations because of
disability.
It is expressly understood that upon receipt of evidence of discritnination under any of these laws, The
Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any -owner,
subsidiary,' or other firm affiliated with or related to Provider, is found by the responsible enforcement agency
or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The
Children's Trust will conduct no further business With Provider.
2. Public-Entities Crime , Act
Provider will 'not violate the Public Entities -Crimes Act (Section 287.133, Florida Statutes), which essentially
provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on
the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on'a contract to
provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's
Trust for. the construction or repair of -a public building or public work, may not submit bids on .leases of real
property to The Children's Trust,, may not be awarded or perform work as a Provider supplier, sub Provider, or
consultant under-a contract with The Children's Trust, and may not transact any'business with The Children's
Trust in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two
purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and
may result in debarment from The Children's,Trust's. competitive. procurement activities.
3. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of
Interest and Code of Ethics Ordinance,. www.miamidade.goy/ethics/`library/Ethig;s-Brochure-2005.pd and
Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein.
Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of
this Contract and in connection with its obligations hereunder.
4. Compliance with Sarbanes-Oxley
Provider shall comply With the following provisions of the Sarbanes-Oxley Act (SOX) that apply.
y
Provider agrees not to alter,' cover up, falsify, or destroy any document that may be relevant to an official
investigation (SOX, Section 1512 of Title 18, USQ.
Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of
fraud or abuse (SOX, Section 1513 of Title 18, USQ.
5. ' Licensing
The Provider shall'obtain and maintain in full force and effect during the term of this Contract any and all
licenses, certifications, approvals, insurance, permits and accreditations, required by the State of Florida,
Miami -Dade County, The Children's Trust or the federal government.
6. - Proof of Policies
Provider shall keep on file copies of its policies on non-discrimination, equal opportunity and/or affirmative
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.
City of South Miami Page 10 of 19
Contract #:841-567
Provider shall complete an incident report in the event of-any serious bodily Injury toAnyone 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 theincident report to The Children's Trust within three (3) working days
after Provider ks snm/p/ovmem,ute/,ou/uouw."/ "=~^".".p=."�'..~,
m�n��� after service on Provider of any ke'qal action which. is filed as a result of such an injury.
8, Sexual Harassment
Provider shall-complete an incident report in the event a client or employee rhakes an allegation of sexual
harassment, sexuai'misconduct or sexual assault by a Provider employee arising out of the perforrhante of
this 'Contract and the Provider'has knowledge thereof. Provider shall provide written notification to The
Children's'Trust within'three (3) business days after Provider is informed of such an allegation. Provider shall
provide written notification to The Children's Trust, within seven (7) business days after service on Provider of
any legal action which is filed as a result of such an alleged incident.
' of The
.Cfiildren�'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 mus ' t be downloaded . from
www.thechildrenstrust.org. All signed Consent forms will be submitted to the.Contract Manageri with a copy *filed in
1 1 cipant's record. ' Any refusal of consent must be prop - er - d h ed And signed by the parent or legal
guardian on the-Conserit form. Provider will exercise its best efforts to have each program participant's contact
information is. current and updated upon exiting the program.
Provider'agrees to comply and participate in any -data collection reporting, including participant data aa/ uhred 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 inthe format to be reasonably specified by The Children's Trust.
' V. PUBKIC31TY - - '-''--'--- ' ---- -' - - - - --- -----'�-
shall recognize Provider
Provderagn�es�h�teventsfundedbyth�C�ntrac� r�cpgn / '
shall that all. pub|idty, public relations, advertisements and signs within Its control recognize The Children's
Trust for the support �ofaU contracted activities. The use of the official The Children's Trust logo ispermissible.
Prn. ider shaU � e its best efforts ensure that all media representatives, when inquiring with the Provider about the
�cd--es funded -- this Contract, are informed that The Children's Trust is a funding source. Provider shall distribute
a '--re|em`ar'oondngthat�hasbeenawardedfundinghyTheChildren's P iderohaU,lfitpossemans
press -
the appropriate technology, pnVv |d aa U kbetaeenthowebsibdandThe Children's Trust's vebsitm
,
Provide �������iM���������up������a��b�����in
' -='---
connection with |-rn ` osnennat}nn uf programs 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 ex±ent provided in, and subject to, the provisions
of Paragraphs G and
H above.
To the e�tent permitted by the -applicable journal or: other publication source, Provider shal[ 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, pres ' s releases, brochures, fliers, homepage of websites or'any other materials for
dissemination to the media or general public:
English:
The �� |n��� The �ldn���' T�������o��d
source � (organization) 'by voter referendum to improve the lives of children and families in
Miami-Dade County.
Spanish:
(Organization) estS fihamciado('inpart" or equivalent translated into Spanish) porBFidecomiso de
P�ge11of1�
C�y�Sou�M�m
Contract #:841-567
|os Nihos (The Children's Trust). B Hdeconobo de |os Nifios ea una fuente de finandadon,
estab|edda por referendum para rnejorar ias vidas de nifiosyfami|ias en e\ [bndado de Miami-
Dade.
Kreyo|:
(organization) finanse ("in part" or equivalent to be translated into Creole) pa "The Children's
Trust" Trust |a, oe yon sous }ajan ke gouyenman annehWn vote an referandonn pou ke' |i invesb bien
non pwogrann kap ame|ione |aViTi Moun akhanmi yo nan Miami 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—^
Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever used.herein, the singular shall include the plural and plural shall include the
singular, and pronouns shall be read as masculine, feminine or neuter aethe context requires.
This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the
parties:
Attachment A: Scope ofServices
Attachment B: Budget O\ Method ofPayment
Attachment C: Reporting Requirements
No other contract, oral or otherwise regarding the subject matter of this Contract shall be deemed to exist or bind
any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall
not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable
City of South Miami
W. Ajibola Balogun�,City Manager
OG
Approved as to form anad 11 al sufficiency
,0� — K'T f-
City o[South Miami
Contract #:841-567
The Children's Trust
MIAMXI-DAD,,E;CO TY,, FLORIDA
M 0 estor b . y, P esident/CEO
Date:
Page 12 of 19
City of South Mianii Page 13 of 19
Contract #:841-567
ATTACA114EAT A
SCOPE OF SERVICES
JULY 4TH UNITY DAY PUBLIC AWARENESS EVENT
The Provider shall conduct the July 4th Unity Day public awareness event'in Miami-Dade County.
The Event 'which is. free and open to the public, will feature music, dance, games and other activities that
will bring the community together In a safe environment.
The Event shall provide the following activities:
* Performance ' s by school marching bands
* Educational and health related display booths
* Fun games and activities
* Dance groups
* Amusement rides
Face painters and Clowns
Free give-aways
PARTICIPANTS:
Appro)dmately 3,500 children/youth ages 3 through 18 and 1,500 adults will attend the event.
EVENT DATE:
The event shall take place on July 4, 2008 from 4:00 pm to 11:00 pm,at Palmar Park in the City 6f South
Miami.
THE CHILDREN'S TRUST BANNER-. The Provider agrees to prominently display The Children's Trust
banner on the day of the event.
THE CHILDREN'S TRUST LOGO: The Provider agrees to include The Children's Trust logo in any and all
items purchased for the event under this Contract.
PUBLICITY: The Provider agre0s that the event funded by this Contract shall recognize The Children's
Trust as a funding source.. Provider shall ensure that all 'publicity, public relations, advertisements and
signs within its control recognize The Children's Trust, for the support of all contracted activities. The use
of the official The Children's Trust logo Is permissible.
Provider shall use its- best efforts 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.
City of South Miami Page 14 of 19
Contract #*841-567
City of South Miami Page 15 of 19
Contract #,841-567
ATTACHMENT B
The Children's Trust offers advance payments, up to 156 'of the total contract amount. Advance requests shall be
limited to governmental entities and not-for-profit corporations, in accordance with subsection 216.181 (18) (b)^ F.S.
The advance
request is to .include the amount requested and thejus�Ocation' Advance payment nsquaetsrnust be
submitted using the designated fmnn and must be approved in writing by The Children's Trust's Contract Manager and
Chief Financial Officer or their designee(s)'
`
Advanced funds if not used shall be invested by the provider in on insured interest bearing account, in aczunjahce
with subsection 216'181 (16) '(b)J.S' Interest earned on advanced funds .shall be returned to The Children's Trust
ona quarterly basis orapplied �g�in stthe amount of the contract owed by The Children's Trust.
Advance Raymen
c6i -by or
within 60 calendar days-of re aelpt --- of-an-adVan -PrOVider shall - report- the -actua i I-expqnditures7-paid - charged to
the advanced funds using the reporting 'invoice" form -provided by The Children's Trust. If the 'invoice"' amount is
less than the amount advanced, The Children's Trust will deduct the difference from the next applicable -monthly
payment request. ' Provider may request, in writing, an -extension of the repayment of the advance. A fiscal need
must be clearly demonstrated and substantiated by the Provider in order for an extension request to be considered by
The Children's Trust.
Budget revision
Budget revision(s) require prior written approval fnonl the Contract Manager and The Children's Trust's / Financial
Officer or their designee(s). Request for budget revisions. must. be submitted to the Contract Manager using the
.appropriate form, as determined by The Children's Trust. The Provider must request a budget -revision -to. add, delete,
and/or modify any line item(s). Budget revisions can not exceed the contracted amount. Budget revisions will be
incorporated into the Contract.
Indirect Administrative Costs
Inno event shall The Children's Trust fund'indirect administrative costs in excess of ten (10%) percent of the total
contract award.
Cost Reimbursement Method of Payme
parties agree that tk is a cost reimbursement method of contract the Provider shall be paid in
accordance with the appn»vedbudget and/or approved budget revision as set forth in this Attachment.
Invoice Requirements
The Provlder� shall submit an original request for payment, in the format bed by The Children's Trust and in
accordance with the approved budget or approved budgef revision. The request for payment is due on or before the
fifteenth (15th) day of the month following the month in which ' expenditures were incurred (exclusive of legal holidays
or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basit. The Children's Trust
reserves the right torequest any supporting documentation.
A final request for payment (last payment) from the Provider will be accepted by The Children's Trust up to forty-five
(45) days after the expiration of this Contract. * If Provider falls to comply, all rights to payment shall be-forfeited. If
The Children's Trust determines that'Provider has been paid funds not in accordance with this Contract, and to which
it is not entitled, Provider shall return such funds to* The Children's' Trust or submit appropriate documentation to
support the payment. - The Children's Trust shall have the sole discretion in determining if Provider is entitled to such -
funds in accordance. with this Contract and The Children's Trust's decision on this matter shall be binding if in
accordance with this Contract.
If the Provider falls to serve the number of participants and/or fails to the funds in accordance with the
Contract The'Chikdnan's Trust may amend the Contract to reduce the amount ofdollars. Any delay |n amendment by
City of South Miami Page 18of19
Contract #:841-567 .
The Children's Trust is not deemed a waiver'of The Children's Trusts right to amend or seek reimbursement for
under-serving participants |n accordance with the Contract. .
In order for a request for payment tobedeemed
proper asda�nedby the Ro�daPnom| Payment A�,aUneque�s
for payment must comply with the requirements set forth i� this Contract.and must be submitted on the forms as pre�sdibedby The Children's Trust, Requests fo r paymentand/ordncumenba�on returned to Provider for .~,^.`
ibns
may be cause for --`.inece�t cf ' ' ent aubni 'on may result in delay in receipt of -payment. The
,
Children's Trust shall ProVider within irt
(3O) calendar days of receipt of Provider's properly submitted Request
for Payment and/or other required documentation.
In the event that ProvUe� its independent �u ditorur The Children's Trust discovers ""`=^ overpayment been
made, Pnmd'aU repay said overpayment within thirty (3[) calendar days without prior n�obficaton
from The
Children's Trust.
The Children's Trust shall retain any payments due until, all required reports or da|k*saNas are submitted and
accept6d'by The Children's Trust.
`
supporting Documentation Requirements
Provider shall-keep accurate- and, complete- records -of-any fees collected,_ reimbursement, -or compensation of anykind
received from any client or other third party, for any Service covered by this Contract, and shall make all such records
available to The Children's Trust upon request.-
The Provider shall maintain records documenting actual expenditures and services provided according to the approved
budget and scope of services as required.
The Provider shall submit back-up documentation to support and justify all requests for
Page17w[19
CdyofsojUhM�mi �
Contract #:841-567
CITY OF SOUTH MIAMI ATTACHMENT B Program Budget
:Areasan °i3 €uesto;tiecom e e :4 'iti�eAgelaty; € >`i;it s ' -ii;
pa P .............:.. Y. , :,- ........_.__.,..._.__...... _. _. _..._.
- _._ �.•
.___,_...,..,.._ _..:_._..._ :...:...........�:, attstrfI%aa§3'nn
under
Travel (participants)
NeaIIs (Only Applies to a Full Day's Captive Audience)
Space (rent, utillties, maintenance, etc.)
Supplies
Printing / Reproduction
Ishipp €ng /Postage
Equipment (greater than.$1,000) (List each)
ionai Services (List each) .
r'T 80
Attachment B, Contract* 841 -567 PAGE 18 OF 19
ATTACHMENT C
of the F�� wU|not be�sued until this
Provider shall r����e������
report has been accepted. Failu . re to submit the report will be considered in any.future funding requests.
'
Provider shall submit a Report tu The Children's Trust the success of Event' the Report should include
°
Number of participants attending the event
�
Number of9SAs by media market
°
Number of exhibitors parbdpaUngin the event
�
Location of Children's Trust Banner
" Samples of all items contalning The Children's Trust logo '
"
Copies of newspaper ads. promoting the Event _
°
Include anything else deemed Important
(THE REMAINDER OF THIS PAGE ISLEFT 13LANK INTENTIONALLY)
City of South Miami Page 19 of 19
Contract #:841-567