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05-05-09 Item 6To: Via: From: Date: South Miami I&Pnedea City CITY OF SOUTH MIAMI I INTER - OFFICE MEMORANDUM 2001 Honorable Mayor Feliu, and Members of the City Commission Ajibola Balogun, City Manager Cesar Garcia, Director Q)8_1 Parks & Recreation Department 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. Cost: 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. $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 0 Proposed Scholastic After School Learning Program Quote 0 Copy of the City's agreement with the Children's Trust �_,. � .�;,�? Y. �- 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 CITY OF SOUTH MIAMI 4/29/09 Fiscal Year 2009 Account Balance Inquiry 12:25:19 Account number . . . : 114- 2020 - 519.66 -10 Fund . . . . . . . . : 114 GRANTS FUND Department . . . . . . 20 RECREATION Division . . . . . . . 20 MULTI PURPOSE CENTER Activity basic . . 51 GENERAL GOVERNMENT Sub activity . . . . . 9 TRANSFERS Element . . . . . . . 66 BOOKS, PUBLICATIONS Object . . . . . . . . 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 . . . . . F5 =Encumbrances F7 =Project data F10 =Detail trans F11 =Acct activity list 0 11,614 03/31/2009 .00 .00 .00 .00 .00 .00 .00 0.0% 11,614.00 100.0 F8 =Misc inquiry F9 =Misc update F12 =Cancel F24 =More keys April 21, 2009 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, PZ T Carmella DiMatteo Scholastic After School Learning Program Scholastic Classroom 8t Library Group Cell phone # 561- 602 -1823 cdimatteo@scholastic.com Scholastic After School Learning L e a r n i n g-a" 21-Apr-091 `" � �'� Bill To: Ship 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 cdimatteg@lgholastic.com Payment Method: Bill upon Shipping: PO #: Change to Credit Card: (circle one) Visa I Master Card Discover American Express Card number: Expiration Date: Item # Item quantity Price KPT155196 Elementary Listening Center 1 $999.00 KTP164056 MIDDLE SCHOOL LISTENTING CENTER 1 $999.00 QL0988821 Muhammad Ali Go the Distance lib A 1 $475.00 QL0988822 Muhammad Ali Go the Distance lib B 1 $500.00 QL0988823 Muhammad Ali 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 KPT504339 8 books Mystery Secrets and spies 1 $29.00 KPT945397 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 QL063178 4 booksNBA Fast Breaks 1 $11.00 QL0958286 4 books NFL: In the End Zone 1 $12.00 QL0504352 5 booksSports Page Turners 1 $17.00 QL0504352 5 booksSports Page Turners 1 $17.00 10 brain banks C 69.00 each KPT501384 Brain Bank — Social Studies K KPT501384 1 $69.00 KPT501382 Brain Bank — Science K KPT501382 1 $69.00 KPT501412 Brain Bank — Social Studies 1 KPT501412 1 $69.00 KPT501411 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 KPT981363 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 KPT981367 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 requires that sales tax be added to your order unless we have a "sales tax exemption certificate' on file. If tax has been addled to your order and you arE exempt from sales tax, please fax your "sales tax exemption certificate" to 1- 800. 560.6815 or mall to Scholastic Inc., 2931 E. McCarty Street, Jefferson Clty, MO., 65101. THANK YOU FOR YOUR BUSINESSI South Miami ...+- " CITY OF SOUTH MIAMI • �NCORPORIR p • OFFICE OF THE CITY MANAGER f927 t O RtV INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: W. Ajbola Balogun, City Manager �• From: Carol M. Aubrun, Grants Wrier and Administrator '05 Date: March 3, 2009 Agenda Item No.: Subject: The Children's Trust Grant Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE SCHOOL GRANT AGREEMENT MIN HE H CHILDREN'S AFTER S AMOUNT OF $174,888,00; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the City Manager to execute an agreement with'The Children's Trust Reason/Need: The City of South Miami has been awarded a grant for the After School House In the amount of $174,888.00 from the Children's Trust for a 12- month period. The funds will be available for two (2) program services (2008 -2009 regular school year and 2009 summer program). The City received the Authorization Letter, which allowed services to be provided throughout the contract negotiation process. The attached resolution will allow the City Manager to execute the agreement with the Children's Trust. Cost: $174,888-00 Funding Source: The Children's Trust Backup Documentation: ' ❑ Proposed Resolution 0 Contract ❑ Service Authorization Letter RESOLUTION NO.: 35-09-12844 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE CHILDREN'S TRUST FOR THE AFTER SCHOOL HOUSE IN THE AMOUNT OF $174,888.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been awarded a grant from the Children's Trust for the After School House in the amount of $174,888.00; and WHEREAS, the Mayor and City Commission wish to accept the awarded funds. WHEREAS, the Mayor and City Commission authorize the City Manager to execute a grant agreement with the Children's Trust for the After School House in the amount of $174,888.00 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute a grant agreement with the Children's Trust for the After School House in the amount of $174,888.00. Section 2: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this (O day of , 2009. ATTEST: 'CftY CLERK READ AND File Name and Path D 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 Ofte ;!Executive Committee Dr. Will. Blechman Interim Chair 3osee Gregoire Vice Chair Han. Isaac Salver Treasurer Isabel Afanador, Chair Program Services Committee Maria A. Alonso, Chair Procurement Committee Han. Norman S. Gerstein At -large Dr. Miguel Balsera 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. Carvaiho Dr, Gina Cortes- Suarez Bill Diggs Glida 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 Lillard Dr. Rosa Martin Rep. Yoliy Roberson Evelio Torres David Williams, Jr. Chet-Zeriin David Lawrence Jr. 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.0ut -of- School Program. Both copies must be signed by an authorized agent of City of South Miami returned to The Children's Trust for execution. Please feel free to contact me if you have any questions regarding this matter. We look forward to working with you serving the children of Miami -Dade County. Respectfully, Cravel Ho m Contract Manager Attachment 3 15o SW 3rd Ave. (Coral Way), 8th Floor, Miami, Florida 33129 - Tel: 305 -571 -5700 • Fad 305 - 857 -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. Yd Avenue, 811 Floors 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 " Partles') 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. S. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust this Contract may be renewed twice and with the acknowledgement of the Provider. Renewal may not exceed a term equal to the term of the initial contract, for a total maximum of three (3) terms. In considering the exercise of any contract renewal,The Children's Trust in its sole discretion will consider, but is not limited to, the following: 1. Provider meeting the performance requirements specified in this Contract. 2. Continued demonstrated and documented need for the services funded; 3. Program performance and fiscal compliance by the Provider that is deemed satisfactory In The Children's Trust's sole discretion; and 4. The availability of funds from The Children's Trust. The Children's Trust is prohibited from creating obligations In anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions In the contract. 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 1. Double Payments Provider costs or earnings claimed under this Contract may not also be claimed • under another contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract.' 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used by any provider as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided City of South Miami Page 1 of 37 Contract #810 -567, Resolution 2008 -92 by and currently available from local and state funding sources for he same. purpose. Government agencies must certify that t maintained previous funding € applying ting from The Children sTru . A violation ofthis sect oshall be conide ed a materiabr each of his Contrac 3. Use of .Cast Allocation Methodology available or used for invoiced Services unless expressly Provider attests that no other reimbursement Is authorized in writing by The Children's Trust. Provider shall develop and maintain a cost allocation methodology and a copy shall be submitted to The Children's Trust. 4. Capital Equipment Capital equipment Is included in the definition of "property" under Florida Statutes, Chapter 274, and Florida Administrative Code, Section 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 to tag the asset and receive all information regarding the capital equipment. Provider must maintain a record of any capital equipment purchased with funds provided by The Children's Trust. When Provider is no longer funded by The Children's Trust, the equipment will be -returned to The Children's Trust for use by another funded program unless It is fully depreciated. Provider must initiate return of such capital equipment to The Children's Trust. Ownership of capital equipment will be transferred to Provider and removed from The Children's Trust's fixed asset 'system if the capital equipment is fully depreciated and in the possession of Provider. S. Assignments and Subcontracts Neither Provider nor The Children's Trust shall assign this Contract io another party. als ?of TherChildren's subcontract any Services contemplated under this Contract without prior written app Trust. Provider shall incorporate appropriate language from The Children's Trust contract into its subcontract and shall require that all subcontractors providing services be governed by the terms and conditions of this contract. All sub - contracted providers must agree to be monitored by or on behalf of The Children's Trust in the same manner as Provider under the terms of this contract. Provider 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 event authorized subcon tractor t tractor shall be paid directly by provide rovider to he subcon tractor. All payments to any tractor. 6. Religious Purposes Organizations faith-based it Partners funds r under this Contract o support religious activities, such as religious instruction, worship, provided oselytizat on 7. Lobbying Provider shall not use any funds provided under his Contract or any other funds provided by The Children's Trust for lobbying any federal, state or focal government or legislators. S. Adverse Action or Proceeding Provider shall not utilize the funds provided under this Contract or any other funds provided by The Children's Trust to retain any legal counsel for any action or proceeding against The Children's Trust or any of its agents, employees or officials. F. INDEMNIFICATION sy PROVIDER 1. Government Entity Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall indemnify and hold harmless The Children's Trust and its officers, employees, agents and Instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, ci agents instrumentalities Incur of claims, demands, suits, causes of actions or proceedings of any kind or nature outof, elating to orresult ngf from the performance of this Contract Page 2 of 37 City of South Miami Contract #810 -567, Resolution 2008 -92 by Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or dings, actions of 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 and Instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may Incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or wanton acts or omissions, or those of its employees or principals. To the extent arising from a liability that Is covered by the foregoing indemnification, Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to Indemnify, keep and save harmless and defend The Children's Trust or Its officers, employees, agents as herein provided. The provi §Ions of this section on indemnification shall survive the expiration or termination of this Contract. G. COPYRIGHTS AND RIGHT TO DATA /MATERIALS Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature, The Children's Trust has a license to reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes and terms of this Contract, and to have others acting on behalf of The Children's Trust to do so, provided that such use does not compromise the validity of any copyright, trademark or patent. If the data /materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the Provider or with any applicable third party who has licensed or otherwise permitted the Provider to use the same. Provider agrees to allow The Children's Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise the validity of such copyright, trademark or patent. H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY RIGHTS The Parties understand that this Contract is subject to the provisions, limitations and exceptions of Chapter 119, Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes, the Provider retains sole ownership of intellectual property developed under this Contract. It is the responsibility of the Provider to pay ail 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 Prbvlder from funds available under this Contract As applicable under Fla. Stat. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat. Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, Including costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the Intellectual property rights of that third party. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by the Provider shall have occurred under this Contract if the Provider through action or omission causes any of the following: a. Falls to provide the Services outlined in the scope of services (Attachment A) within the effective term City of south Miami Page 3 of 37 Contract #810 -567, Resolution 2008 -92 of this Contract; b. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract; c. Does not furnish the certificates of insurance required by this Contract or as determined by The Children's Trust; d. Does not meet or satisfy the conditions of award required by this Contract; e, Fails to submit or submits incorrect or Incomplete proof of expenditures to support disbursement requests or advance funding disbursements, or fails to submit or submits incomplete or incorrect detailed reports of requests for payment, expenditures or final expenditure reports; f. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; g. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review the Provider's program, including required client data; h. Falls to comply with child abuse and incident reporting requirements; 1. Attempts to meet Its obligations under this Contract through fraud, misrepresentation or material misstatement; j. Fails to correct deficiencies found during a monitoring, evaluation or review within a specified reasonable time; k. Falls to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies; i. 'Falls to maintain the confidentiality of client files, 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; n. Fails to comply with Background Screening, as required under this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 2. Remedies If the Provider breaches this Contract, and fails to cure such breach within thirty (30) days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any of the following remedies: The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with the Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such remedial rovisiion plan ontained in this Contract, addition tcosts, and Contract ny judgments entered by a court of appropriate jurisdiction. p 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 date of such suspension. The Povider 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 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 City of South Miami Page 4 of 37 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, eRcept 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 written notice to the Provider of each such termination and specifying the effective date thereof, which must be at least five business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay requests for payment -as provided for in such other contracts for services that were performed acid /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 any funds until The Children's Trust is provided with the necessary Certificates of Insurance, letter of self - insurance or written verification (binders) and The Children's Trust has approved such documents. The Children's Trust shall have the rights to review said certificates or letters and If applicable, reasonably require updating of types and amounts of coverage provided upon any renewal of this Contract. Provider will carry insurance policies In the amounts and with the requirements indicated below: 1. Worker's Compensation Insurance for all employees and non - incorporated independent contractors and or consultants of the Provider, as required by Florida Statutes, Chapter 440. The employer's liability portion will be $500,000 /$500,000/$500,000 as a minimum. 2. Comprehensive General Liability insurance in an amount not less than $500,000 combined single limit per .occurrence and $1,000,000 aggregate in a policy year. Deductibles exceeding $ 1,000 are discouraged, unless Provider can provide financials to support a higher deductible. The Children's Trust must be designated 'and' shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. The general liability policy must contain coverage for the following: a. Bodily Injury; b. Property Damage; c. No exclusions for Abuse, Molestation or Corporal Punishment; d. No endorsement for premises only operations. 3. if applicable, Special Events Coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability and The Children's Trust must be designated and shown as "Additional Insured as Their Interest May Appear." Special Events policies are for short term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 4. Automobile liability coverage for all owned and /or leased vehicles of the Provider and non -owned coverage for their employees and /or sub - contractors transporting program participants. The amount of coverage is $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear" with respects to this coverage. Coverage can be purchased as non -owned without hired auto coverage, but rental cars can not be City of South Miami Page 5 of 37 contract #810-567, Resolution 2008 -92 used in the course of the Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri- county area. 5. Automobile liability coverage for all owned and /or leased vehicles of the Provider and non -owned coverage for their employees and /or sub - contractors riot transporting program participants. 'The ,minimum amount of coverage is $300,000 combined single limit per occurrence for bodily injury" and property damage. The Children's 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. If applicable, Professional Uability insurance, as determined by The Children's Trust, with coverage amounts mined by The Children's Trust but not less than $250,000 per claim and In the aggregate. Defense costs deter may mi inside the limits e liability and the policy can be written on claims made form. The Children's Trust is not required to be named as an Additional Insured. 7. If applicable, Proof of Property Coverage is required when the Provider has capital equipment paid for by The Children's Trust and said capital equipment is under the care custody and control of the Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue, Sth Floor Miami, Florida 33129 Classification and Rating d be issued by companies authorized to do business under the Paws of the All insurance policies required above sha State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class oV" as the ew 3e sey,reng its by the latest edition of Best's Insurance Guide, published by A.M. Best Company, , equivalent, subject to the reasonable approval of The Children's Trust's Risk Management Division, or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. The Provider shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective date except for ten (10) days for lack of payment changes. In the event of any change in the Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing any of the foregoing insurance requirements. Any request by a Provider to decrease, waive or modify any of the foregoing insurance requirements shall be approved, in writing,, by The Children's Trust prior to any such decrease, waiver or modification. In the event that an insurance policy is canceled during the effective period of this Contract, The Children's Trust shall withhold all payments from the Provider until a new Certificate of Insurance or written verification (binders) of insurance shall cover trequired e itime period commencing from the date of cant ellation of the prior insurance The new insurance policy The Children's Trust may require the Provider to furnish additional and different Insurance coverage by , or both, as'may be required from time to time under applicable federal or state laws. Provision of insurance Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against the Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or policies of insurance. K. PROOF OF TAX STATUS Provider is required to keep on file the following documentation for review by The Children's Trust. Page 6 of 37 City of South Miami Contract #610 -567, Resolution 2008 -92 • The Internal Revenue Service (I.R.S.) tax status determination letter; • The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after the Provider's fiscal year end or other appropriate filing period permitted by law; ■ If required by applicable law to be filed by the Provider, IRS 941 - quarterly federal tax return reports within thirty-five (35) calendar days after the quarter ends and If the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) calendar days after the quarter ends. L. NOTICES All notices pursuant to this Contract shall be In writing and sent by certified mail to the addresses for each Party appearing on the fast 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 O. A provider that does not meet the program - specific audit threshold requirement of a combined total of $300,000 City or South Miami Page 7 of 37 Contract #810 -567, Resolution 2008 -92 or more from The Children's Trust, in the fiscal year being audited, will be exempt from the program - specific audit requirement In the fiscal year that the audit threshold is not met. Providers that are required to have a single audit conducted under OMB Circular A -133, Audit of States, Local Government and Non- Profit Organizations or the Florida Single Audit Act, Florida Statutes 215.97 agree e ta submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable reports and the corrective action plan when the schedule of findings and questioned costs prepared by the Independent auditor discloses audit findings. In the event that the Independent auditor does not disclose audit - findings, Provider shall provide written notification to The Children's Trust that an audit of Provider was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings- related to this Contract; and, that the summary schedule of prior audit findings did not report on the status of any audit findings relating to awards that The Children's Trust provided. Audit extensions may be granted in writing by The Children's Trust, after proper approval has been obtained from The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by the Provider. 3. Access to records The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosirig:at The Children's Trust's expense. Provider shall provide access to all of its records which relate to this Contract at its place of business during regular business hours. Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children's Trust to insure compliance with applicable accounting and financial standards, including access by The Children's Trust or Its designee, to Provider's independent auditor's working papers for complying with federal, state or local requirements. 4. Monitoring Provider agrees to permit The Children's Trust personnel or contracted agents to perform random schedule 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. 5. Client Records Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child ecurit 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 ail pertinent information regarding program enrollment and participation. At a minimum, the file will contain enrollment Information (including parent registration consents and child demographics), service plans, outcome measures (as set forth in Attachment A), and notes documenting referrals, special needs, or incident reports. These files shall be subject to the audit and inspection requirements under this Contract, subject to applicable confidentiality requirements. All such recrds will enrolled. Provider arees to comply with rall applicable state and federal dlaws on privacy and longer confidentiality. 6. Internal Documentation/ Records Retention Provider agrees to maintain and provide for inspection to The Children's Trust, during regular business hours the following as may be applicable, subject to applicable confidential €ty 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 Children's ems of this Trust. Provider have been complied with for not less than five years beyond the last date that all applicable City of South Miami Page 8 of 37 Contract #810-567, Resolution 2008 -92 and final payment has been received, and appropriate audits have been submitted to and accepted by the appropriate entity. 7. confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary. information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information and comply with applicable federal and state laws on confidentiality to prevent unauthorized use, dissemination. or publication of confidential information as each party uses to protect Its own confidential information in a like manner. The Parties shall not disclose the confidential information to any third party (except that such information may be disclosed to such Party's attorneys), or to any employee of such Party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no obligation upon the Parties with respect to confidential information' which (a) was lawfully known to the receiving party before receipt from the other, (b) is or becomes a matter of public knowledge through no fault of the receiving party, (c) is rightfully received by the receiving party from a third. party without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (f) is disclosed by the receiving party with the other party's prior written approval or (g) Is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. The confidentlallty 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 the performance of this Contract. This includes, but is not limited to, approving and tracking all Provider employees who request system or information access and ensuring that user access has been removed from all terminated employees of Provider. O. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not iii ai tedd to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved signed by both Parties. P. GOVERNING LAW & VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or Interpretation of any rights hereunder shall be submitted. to the' jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. Q. EMPLOYEE BACKGROUND SCREENING In accordance with Sections 943.0542, 984.01, Chapter 435, 402, 39.001, and 1012.465 Florida Statutes, as applicable, employees, volunteers and subcontracted personnel who work In direct contact with children or who come Into direct contact with children must complete a satisfactory Level 2 background screening. Level 2 Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS 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 on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin, disability, or age, except that programs may target services for specific target groups as may be defined in the competitive solicitation. Provider shall demonstrate that It has standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ( "County Code "), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101, as amended, which prohibits discrimination In employment because of age;' Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination In employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a Provider, consultant or other provider and who has been placed on the convicted vendor list following a• conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to The Children's Trust, may not submit a bid on a contract with The Children's Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Children's Trust, may not be awarded or perform work as a Provider supplier, sub Provider, or consultant under a contract with The Children's Trust, and may not transact any business with The Children's tw Trust in excess of the threshold amount provided in Section. 287.017, Florida on the convicted for ted vendor I o purchases for a period of thirty -six (36) months from the date of being placed Violation of this section shall result In cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of Interest and Code of Ethics Ordinance, www.miamidade gov /et csllibrary /Ethics - Brochure- 2005.odf and F16rida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of Interest provisions throughout the course of this Contract and In connection with Its obligations hereunder. 4. Compliance with Sarbanes-Oxley Provider shall comply with the following provisions of the Sarbanes -Oxley Act. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official Investigation. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 5. Licensing The Provider shall obtain and maintain in full force and effect during the term of this Contract any and a licenses, certifications, approvals, insurance, permits and accreditations, 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. S. Sexual Harassment Provider shall complete an incident report in the event a ,client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee arising out of the performance of this Contract and the Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust Within three (3) business days after Provider is informed of such an allegation. Provider shall provide written notification to The Children's Trust, within seven (7) business days, If any legal action which Is filed as a result of such an alleged incident. T. CONSENT Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider will ask participants to sign a voluntary Consent to Photograph and for Communications. The form is available in English, Spanish, and Creole and must be downloaded from www.thechildrenstrust.org. All signed Consent forms will be submitted to the Contract Manager, with a copy filed in the participant's record. Any refusal of consent must be properly documented and signed by the parent or legal 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 Provider agrees that events funded by this Contract shall recognize The Children's Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs within its control recognize The Children's Trust for the support of all contracted activities. The use of the official 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 is funded by The Children's Trust. The Children's Trust Is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County. Spanish: City of South Miami esta financiado por Ei Fidecomiso de log Nifios (The Children's Trust). E Fidecomiso de log Ni nos es una fuente de financiacibn, establecida por referendum para mejorar las vidas de nifios y familias en el Condado de Miami-Dade. Kreyol: City of South Miami finanse pa "The Children's Trust ". Trust la, se yon sous lajan ke gouvenman amerikin vote an referandom you ke' li investl byen nan pwogram kap amellore la Vi T Moun ak fanmi 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 Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions d this nauns shaft be read as masculine, ulirie, fem nine singular shall as the context requiresd plural shall include the singular, a p 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 Attachment D: Financial Audit and Financial Report Requirements Attachment E: Performance Improvement Plan, if applicable. , No other contract, oral or otherwise, regarding the subject matter of this Contract e remainder of d to exist or bind l any of the parties hereto. If any provision of this Contract is held invalid or void, not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. City of South Miami MIAMI -DADE COUNTY, FLORIDA By: (Signature of Authorized Representative) Type or Print Name Date* Approved as to form and legal sufficiency The children's Trust by: Modesto E. Abety, President/CEO Date: Date:. /.-- . /�� _modd S County Attorney This contract is not valid until signed by both parties Page 12 of 37 City of South Miami Contract #850 -567, Resolution 2008 -92 ATTACH M ENT 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 South Miami Program name: city of South Miami parks and Recreation 1. Program Summary (Limit to 10o words): The City of South Miami and its After School House & Summer Camp Programs will provide students within ges of 5 to i8 - a safe to the city limits and its surrounding communities between the a rittion ion environment a rt and family family y increase their educational and social skills in a fun - filled setting. Physical activity, nut enrichment will also allow for enhanced, fully inclusive, and high - quality programs. The program focuses heavily on literacy and improved academic output of all its participants while working towards individual growth for each child involved. 2. Target Population (Include the number to be served, ages, demographic characteristics, disabilities, and targeted geographic area(s) served, as applicable): South Miami staff and volunteers deliver out -of- school services through year -round after - school and summer camp programming. The target population consists primarily of children who come from single- parent homes residing within the South Miami CRA and its Immediately neighboring communities. Most of the residents are at low- moderate income levels and students who participate in free and reduced lunch programs with 19% of our population 5 years of age and older legally having a disability of some sort. This program will serve 125 children with its After School Program and as many as 125 children during its Summer Camp Program primarily out of the South Miami Community Center (SMCC). The program will be fully Inclusive and accessible and will Include children with physical (visual, hearing impaired, etc.) and leaming disabilities (autism, dyslexia; etc.). r GP =110 CWD =15 to June, 2009 Literacy: Miami -Dade Counter Pubilc Schools (M -DCPS) requests that children in K -2 grade read a minimum of one book per day or a 15 min. minimum for 30 — 8ii' grade. Our homework assistance /literacy program will include a mandatory daily 30 minute minimum time frame. Once children have completed daily homework assignment with their America Reads tutors they will go directly into the reading programming directed by our literacy instructor which will include the following: 1. Early Literacy Stations — Computers with software already installed which focus on reading phonics, literacy; & comprehension managed by our part -time computer tech. 2. Reading computer software manipulatives — Reading Rabbit, Sponge Bob typing, Spelling Bee Wizard, and Cat in the Hat managed by our part -time computer tech. 3. Scholastic Monthly Book Club — children's book total pages /books read by child on a daily basis are charted & managed by our Literacy Instructor and coordinated by our America Reads Tutors. Charts will be managed by 5 x week/1 hour per day/ for 39 weeks Page 14 of 37 City of South Miami Contract #810.567, Resolution 2008 -92 .. "G,rr .v w f . ey p>•.' �� -'. i i�`L�i� -a, • �: —_. o c. �, ` •,�'+Y •i!., .FDA.. �� ` 2 R�'• 3t: a , t „, �yC•�: E?57f'. v� _ }9• - ,•a n�i.�j;`�f,�h��9 �C("}�'t`4.,t.•i�G¢.�?,fL�' a R��r %•. ' .S t v t -`'L'� `EIY` ¢t' ,ya. S- S9�h�•.. �F -,=i� ��•,i.��L� Y'F<;�lt,`-ri: ,' See,• ran U� av �� v s�, �. � � ,. i' .•�t'a•4•:W`¢7” 8f ) ''k2� ' t$•` is�f: "° Y?1," �t33;;�`,'V':+� � �'t7 & ,'� #. %x.. CY'..r wi' if . t�:.`•l'Y•}�� pry +�� * >.• i. nny S�v 'i. ;�k` t4i:' •.- .<•r?t:!1 'kl:rrCr�, 1;u �. '�,•. i•.•...�.'aYVr. -,a: f.in : lid.. c '�,ti�'�'�rn.raY•`.:'1�...h?ti. `�`..-.. �lr:�s::,..., .:� ��= �::::� ;�s:�r<�: �t •,,.<:�� },,;w� most pages /books read by grade. 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 hacked 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 fisting of proposed recreational programming: 1. Physical Training Program — Hip -Hop 101 Class sessions — instructional Hip -Hop Dance classes where kids will learn to dance traditional hip -flop while exercising. 5 x week /1 GP= 110 2. Super Sonics Jump rope program — Instructional jump hour per roping class where kids will learn to jump rope for r 39 day/for Ifo competition and fun while enhancing their physical fitness. day /fo CWb_ 15 Sports Instruction & Intramural Competition — Youth will weeks 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 atterschool 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 our children to improve their social skills. See below: 1. Hosting age - appropriate self improvement classes - bullying prevention, conflict resolution, team building, self grooming, interviewing skills and public speaking. Participants will complete assessment surveys. We will k/30 GP =110 utilize the K -12 Giraffe Heroes Program-, which consists mi 2 x wee k130 13 of character development. These services will be weeks facilitated by guest speakers, instructors, recreation CWD =15 leaders and volunteers. 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 thought provoking.,!2pjcs.. Family Involvement: GP =110 Monthly Family Night— Once per month we wit] dedicate 1 x month/2 an event (pot -luck dinner meal, story telling, etc.) to hrs/for'10 promote a parent Led function to foster parent involvement. months CWD =15 During family night, events may include a monthly family movie night. Page 15 of 37 City of South Mlami Contract #810 -567, Resolution 2008 -92 ;�:� •..r '� 4. ='s'" '• .��+� x,.fa..�`::�ti,� 3'''.:y; a5; +�': - �:�•�� "a��,�:� •ry(. +y��t'- - Lr�'i. a* <t � a y � � '�"F,.a� '`i �'�o�' "'" ..rr rte• -.� �i„4'i�'a� .� ; r , L+•' � ?.�»�' .e �� a ',� •��, "tai tom. `` � ,� �w � � � Enrichment Activities Nutritional education - Teach children the importance of proper eating selections, eating routines, and portion GP =il0 control with use of heart -wise manipulative. This 1 x week/1 component will be facilitated by senior staff and or hour per day/ CWD =15 recreation leader. Guest speakers may also be included 39 weeks from South Miami Hospital and Nutrition and Exercise Experts. Thinking Skiiis 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. Music Instruction - Teach children the importance of K1: 2 x music education and how to play instruments and week /30-60 GP =110 how to read and make music. Will be facilitated by miss /39 weeks K -3� Grade instructors, senior staff, recreation aides, and Only 2na_3r4: 1 x volunteers. week/30 CWD =15 mins /39 weeks Science Instruction - Teach children s nce through 2 x week/30 -60 GP =110 "Mad Science" Programming and use learning mins er manipulatives and experiments using the "Science day /39 weeks Explorer program" as the basis for it methodology. CWD =15 This component will be facilitated by Instructors with the hp-ln of recreation leaders and aides. Page 16 of 37 city of South Miami Contract #810 -567, Resolution 2008 -92 r^ A,, " • ! •,. a fi n�' +?rI"�, trl .r" Fy`. . ca J.t`1 ��dyki ' �-.{.. ,�•,r ,�. 4 s ; . 't c. hfr,.t's�S" Hm., •;"s >?;>. 4ai : f • Li'• 'f �• �".....rJ t�; k�" 4''' i 54.+x'" e\',. 8�' - 'F'r.4� a, . �r - �ti; �7 +'� .5�` y"ii: S *:��• �� 1" '�`' i'J f � '•'�`�` -` pi o ' .' s ,`.� ,s, s,'�at�' -- ••�. rib. ,ti � �� ,, \g �^ �, .,�( .A .r : �. � �1;'y1t��, S'�� -' . � ` � u"i:¢ ��•y� tzr, ,'�A H,�, x ��• $r. �� s. n ' aS'.'.'S?tiv� ,� �a4 ��•`,•` +' 7rti ''.y��a�� 'StL'�'G:'`�•E' � .' 4`�d�f � .�i �"r }�"�a`e'{.a. y�•,�'"• f ' ^MY.'I U - . t» •H- .'�",',, � .� �1`�F`ifr..,.�1t''2Xr,,: ' r,. .. 4`ew•. w Y l£.` r`",'ZY`. `, a- F i � .'"`dlY.- .:'�• �, .' . "`k1�� 5E�`•�'�.s�.s,..t�"�rXU�� 4 � .. ?`�: �_r,,' n � � ",fib �s�F `�'� ti. � �f�k4;:'dµ"� ; :�'�?;�c ;i� y;;i.'' �`' ��ia 5�1, f'S?> t•• 4'� •yb.. u., •i. .� :x? a ,,�r • ii��'i i �� :`i�,ic:V:..�t�. .a• � '3� r m,Z .w,'�` . .si,5.. ' aid' +�' � ^ JaMkj•4 .4 :r. ` 5 ��= ' •r3 � Y Y , •'�;. bQ��'¢,2£� ' T'a`.?tY•� „�'� ''iL'as. ��F��v'�.. ,�, +' k,_ i� `.�'Z�.a`'�C�sS'' -< '�y . i ,�l^ ,� ,,', .t �`•? r�.�,t�'. ct x .-+e u; - ?J(�Y ?`�; ?S. i r�`�i`al� „ y S',,b"t� '&' kby Y =�' . { � "• � fAs3 • s c � a ; ,{t; iVticR�Sv 1b3�� 9Xk ,.fC� �lti. �,��S.,� �- �y ��'�, ,. � ; "��`i `j�`��, �,. ^'�JC�?ite.:.:�2.r'.... v.A_!l.'�••`H;i''u`a`'�.1. .4kr�,iy. ;, r,• rs 1N'•: f�iti' ...^'�rs:'.•t�,4�:"r':��s3'�5� ,.�.. Ym•' r'.:f ?t� {` .s. .�.. ^,7is. \• c' ';:t:..k. si:�l f+i .a� ssYl 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 wish news journal. — Children in 3`d — Bill 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 help of the America Reads tutors. Physical Fitness: Recreation Leaders will head the recreation component for our Summer Camp Program with the assistance of the IS PT Seasonal Recreation Aides. 1, Physical Training Program — Nip -Hop 101 Class sessions — Instructional Hip -Hop Dance classes where kids will learn to dance traditional hip -hop while exercising. 5 x week/1 GP GP= 2. Jump rope program —instructional jump roping hour per 110 class where kids will learn to jump rope for competition day /for and fun while enhancing their physical fitness. 10 weeks CW© CWp= 3. Sports instruction & intramural programming — 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 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 ctasses- bullying prevention, conflict resolution, team building, self grooming, interviewing skills and public speaking. GP= Participants will complete assessment surveys; We will 5 x week/1 GP 110 utilize the K -12 Giraffe Heroes Program; which hour per consists of character development, These services will day /for 10 CWD= be facilitated by guest speakers, instructors, recreation weeks CWD 15 leaders and volunteers, 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/dlscussions on a variety of thought provoking topics. WeeKLFField trips will allow_ Page 17 of 37 City of South Mlaml Contract #810 -557, Resolution 2008-92 �s i'R '�iyt ��•`� °j+r `' F`' �i�: Sr Vt•'i'c:r.!ts�3;' .i,'�i"'��`�!� w't' �4�s '�.' ,�, .l {,,t �+��.•G r' � %,��y.?„��,y �Y.j� 3i �"ry ' \l "�r� °�+'',t �,'' +titl,•G� ' ay,, �I `�C�y <',il� .� J 1 »a °j �'hN� { -° � t• i&...SND '. F «^ '�r�y r'�RtC 6 ,; , � • b -, .b `Fw!' �� ZY•r iyN �k.'1'.� �• T � �'E' 'R' r ,, ��_ r, - v` r ' ' ' . G �,; , t 4 I�P. �M . , ;.r.� k�nw?��l�y @�;t.�'t_'w.u,�$�c`�,�r. � � - ' �•�,�� v ,a'�• ' • ,r+�, �7' h .. ?' Rt;1 += :'$°a)i7I��' . / �i�fl��"t't!M..sy'T! • fi :l`•`v �! ` 4 , e (. ��5�, • �Sh1p . �} I y� YJ' 1��j,,jy.� �!Tl' +� A- �••,s � i [��'J / L'"C �,. : � {� ��y 4.♦ iU: �, ' .�.1(�"� >1 J75',��Si� tt 'S.. , &��ir �i<� .+'�.,�iv'- L4.:,a.,r;y�� !. -� i' /;yit, � . •�y��,1`�a��,��q' �• �. s< ..t .,yj1'�a,�,. �'k�', v�': a �? , t ��; >y n^��»` -` �. :.c7•�a'Y�` �`'t„ rh. ,'. Si y -u : `r y ' 'n" � w �t + •�rr7 i7�,�`!� ��. 'rfa�� *��•G � � .� a�;'• - �.. +>src� `�yyr�� . ! � a o .� .�... d � • •�;rj� � +��• `� dam.;: � r E , R: '?� i�' a^ �2ic � .y r.` `'� . ,. �*rF�,4: � •'P 'iy"..x ,�.• ��. `1`y _�gs: lf. r� is �• i- ''�. •� ��"� <f� 9 , h:, P �' .e� .r r�. S —�. + "� Y3 ; °,.. J , ,+e ' `. �` '�`;��,, � Y^ F � a •,'' {��y, y „a "�1a' - tk'�i, • r `i. 'at! '''!r ` .,c , - y�• `j, i Y '�''`+:�:.� -' a .:,y `'{., `i',6 c•i• ° ri4�i '�7c•`',•s�`„',ir &'%'.,'i`. �;,.;;i,�t.. ".r ti� -r •�;.a '".`L;; k•°,,':J ea- •'7°,� a'r'diF•'�",a ,.•�feS "'~,t`, ri�� L'� `:7;a..:. i.. R•,.s . 7:'� ?.iV'�Sir..:k'.^''✓`' ¢;r•Y.e:�.'c ' 1( r}: Jib � • rnb' �.... r ea:k.:. :Y? 1.'w` 4 u. ................. :{n., students to engage with different environments with their peers and other adults. Field Trips will include: Miccosoukee Tribe of Indians; Jewish Holocaust Center, African American History Museum, and Junior Detention Center JAC . Family Involvement: Monthly Family Night – Once per month we will dedicate = an event (pot -luck dinner meal, story telling, etc.) to 1. x month /2 GP GP 110 : promote a parent led function to foster, parent 2 Times in hours /for 3 involvement. During family night, events may include a August sessions CWD CWD __ monthly family movie night. Family members will be invited to attend a theatrical production featuring 15 students. Recreation reader and Recreation Aides will facilitate. Enrichment Activities: Mad Science instruction program –This programming GP= will intensify our children's knowledge of science and increase their interest In Science thus reduce their fear for the subject. The manipulative used in this program K – 3 r� Grade h u o GP 110 r//for 10 will also help children retain vital information that can weeks CWD= be used for their studies in the subject while preparing CWD 15 them for the new Science FCAT Exam, by way of group activity sessions. Will be facilitated by Instructors with assistance of Recreation Aides. — Math and Science explorer programs –These GP- manipulative will enhance the learning involved in the 2 x month/1 GP 110 classrooms and give children visual projects they can All Grades hour /for 2 work on to further understand the subject matter. Will sessions CWD- be facilitated by Instructors with assistance of CWD 15 Recreation Aides. Children's Technology Workshop –Video gams creation. This program will engage children in , x week /2 GP= GP 110 Information Technology as they will learn how to create 4ih _ 12�' hours /for 10 their very own video games. This program utilizes Grade weeks C math, reasoning, & understanding to teach children W D– CWD 15 how to maximize their energetic capabilities while sharpening their computer skills. Will be facilitated by Instructors with assistance of Recreation Aides. Financial Classes _ "Life & reaming" – Children will K -6 Grade GP= team: how to balance a checkbook, about the stock will use 3 -1 hour GP 110 market & inves #meets, foreign currency, savings introductory sessions during accounts, and retirement curriculum the summer CWD- Instructors, Recreation Aides, and guest speakers will 7-12 will use CWD 15 facilitate. curriculum 5 x Week/, GP= Arts & Crafts Classes to include drawing, co #oring, hour er GP 110 painting, and origami. Will be facilitated by instructors day /for 10 with assistance of Recreation Aides. weeks CWD= CWD 15 page 18 of 37 City of South Miami Contract #810-567, Resolution 2008-92 Provider will ensure that all cmaren anu YU.uui UCIVU a and full -day program days and a snack during 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 rn ntract. Page 19 of 37 city of south Miami Contract #810-567, Resolution 2008.92 During the after - school program, it is expected that all participants will be pre- tested within two weeks of enrollment, regardless of when enrollment occurs. Mid -tests for reading will be administered an in participants in attendance in December before the holiday recess, and a_Ii participants after - school in May will be post - tested. during the last two weeks of the after - school program. 0— c n-A nr%qt -test data will be reported as outlined in Attachment C, ' the During the summer camp program, J! children will oe pre- LUbLCL4 VY1WI.,I program, regardless or nchilden f they weroe administered i€within 2 weeks f 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 post - tested during the last two weeks of participation in the summer pro services after that date. Pre i and post-test data will be reported as Children's Trust for Out-Of-School outlined in Attachment C. 5. staff Qualifications: Staffin la ust EXAC LY atc the s a vo u tee s and sub-contractors listed in the bud e i FT I 1 FT Ratio: N l Ratio: N Parks & Program Director (1) In -Kind Staff Bachelor's degree and/ or experience /knowledge of management of child care services and parks In -Kind Service. ResponsipiE for oversight of the program Page 20 of 37 City of south Miami Contract #810-567, Resolution 2008 -92 f ✓`r} a; '`" _s. , .fir w 1"fc.i• t,rw• fj .,tili':5- .�'•.y:.c,,,, �,�?� �^lY• � R. p �atf:3'..y�, `.C•t u3 .z. ^F,.ti4t1�.":i+'i• h�i'° •„�' r�W;,"�?(�F�.rrbl;�%�k.�i % ,`Y:i_ a•/ardl,:b ��1 L, .l ..! rh�L.`�1.� Ar �'�+F-•,� Kf :!'k 7. uY +.:.cr., b !"� ;t% =��,:ke�awr.: %,�.Oi!if� :: +:5$�� ,•t��:i��y.%. ` 21.. +:.4''. f.}•�l:. S•.: t,u. , „i ��Qy`:�,a:.iti: �La,.,y,+.,'CS�7�S:�1'.�.� ° }y'j' -7�cc tirvi�;11:7��: r.« ::1'1'i'�'':•l' }��7Kp'. ?.: <.ia" t(�p��.f^ v7T..'r, //(}��:l L�.I�p Kl:i !:(rA`. �' "'• •.t '\ai�r��'�� €f. b('}Y �;liff.iR•l't �(y7.j;5�y� /�5�ey�!t�S •`.w.•.:C. "!,i..•,l✓,. �. /•yQt f...4.(�•�•t;. ::':' •t .N administrative working materials, supplies, etc. within child care Administrative Assistan' i FT 1 FT (1) In -Kind Staff Ratio: N Ratio: N In -Kind Service. oversees the r experience In child care Recreation Site Manage 1 FT 1 FT (1) In -Kind Staff Ratio: N Ratio: N homework assistance to i Supervisory experience Recreation Supervisor 1 FT 1 FT (1) In -Kind Staff Ratio: N Ratio: N Recreational Leaders (� 2 FT 2Ff School House Programs (In -Kind Staff) Ratio: N Ratio: N Supervisory experience 1 FT 1 Fr Grant Administrator (1; In -Kind Service. Manage the !) (Staff) Ratio: N Ratio: N recreation activities. 3 P 3 P having worked with child completion and reading Instructors (3) - (Staff, Ratio: Y Ratio: Y to work in child care or 1 PT 1 PT Recreational Leader (1 of desired programs, (Staff) Ratio: Y Ratio: Y chaperones to field trips, 6 PT 14 PT Recreational Aides (14 (Staff) 8 are seasonal Ratio: Y Ratio: Y 12 PT 12 PT Ratio: N Ratio: N Tutors (12) - (In -Kind; 40 PT 40 PT Ratio: N Ratio: N 40 (Volunteers) t:t� �ik,`�.'ii. i7.f� "y 1:�A{(?�Y�•.1V•1`��'•< a: 4'y'1j4 .'!1`.yi ��Yif•Jy' /.. :tJ j�: a: �;,•��1 - .�:•L., 4= )115y +j`iji �t� s <.l':Y'::. 1.` •'Y !'w..'�✓•. i1•:C;4. }:., t. 7w1:::,�:;��.w�x t ~ - •Bachelor's degree or In -Kind Service. In charge of experience in payroll, purchasing of administrative working materials, supplies, etc. within child care services and /or parks & recreation activities Bachelor's degree or In -Kind Service. oversees the r experience In child care Summer Camp and After - services and /or parks & School house Programs recreation activities. homework assistance to i Supervisory experience include adherence to reading required. Bachelor's degree and /or in -Kind Service. Supervises experience in child care the Summer Camp and After - - services and /or parks& School House Programs recreation activities, running of programs. Supervisory experience Provide care of participants - referred. Experience in child care In -Kind Service. Manage the !) services and /or parks & Recreational components of recreation activities. after school and summer Page 21 of 37 city of South Miami Contract #810 -557, Resolution 2008 -92 Bachelor`s degree and /or Administer data collection I administrative /inputting and reporting for experience. A program. background in administering grants containing child care services and /or parks & recreation activities referred. Bachelor's degree and /or Wili provide instruction and Teaching Certificate and homework assistance to i experience in child care include adherence to reading services and /or parks & programs. recreation activities. Experience in child care ors - services and /or parks & participants and assist in recreation activities. running of programs. Experience in child care Provide care of participants - services and /or parks & and assist In running of recreation activities. programs., Experience in same or similar tutoring position In-Kind Service. Assist Instructors with homework I having worked with child completion and reading care services preerred. Experience in or ability ro rams. Assist instructors, leaders, , to work in child care or tutors, and aides, in execution parks & recreation of desired programs, setting. monitoring of children, chaperones to field trips, under the supervision of Page 21 of 37 city of South Miami Contract #810 -557, Resolution 2008 -92 6. Ratios: School Year 2008/2009: 13 Children per 1 Direct Service.Staff vaar fnr children with Disabilities 2008/2009: Children per 1 Direct Service Staff Summer 2009: Summer for Children with Disabilities 2009: Innovative Summer 2009: 7, Best practices: 13 Children per 1 Direct Service Staff Children per 1 Direct Service Staff Children per 1 Direct Service Staff I. Provider shall perform its duties, obligations, and services under this Contract in a skillful and provided to respectful manner. The t shall l of e comparable Provider's arable to local, state and national best practice standards. or on behalf of The Trust gha p THIS SPACE IS LEFT BLANK INTENTIONALLY page 22 of 37 City of South Miami Contract #810 -567., Resolution 2008 -92 2 E a q M pr} C pp ✓ A q 3 O e � 0 4 ¢ °_oS gad 6 Eao c a � Npp qa 4 N iiF�YC �i a� Eq 'e h ISO �n 5 §�c o�E ��o m Dc« o�FF ? C D PO .F7 h�$ a 4 � � 41 Ee pw� o OI y C d a� e � N�p A EE �aE day �o« T pmp� N G .. L Q ao� «E �� 9 C O CCCCIIII O ap °r� L. T 0 c « e 4 8CC mlra 98 o n N m W n.. 4, aAOA A Kip} O ^ (p o a N A ° P N C b K C L7 n3w �$ m o» p o d "a �5 Aso 9� �g it A Q � e gig a ng 0 1J N C W O 8 Q ape e � S} v A aNy � A u YI p^ 7 A N A ;! C CL a K �3 e c C ; ^�v 0. �A IV � � Q an e � s v £�A A?a AA G D U3 7� Z! I F' MI b 0 m 3 m Q �y ,A n v n A n� vi ,F A m g S3S d' •0 R � I,Y ro 1 j 1 S i m ,o i jl d mA 1 i 7 i h y d a O a < 1 s o O •i � I— 3 1 i a O O O O O O O O O 0 0 4 0 0 0 0 6 = T 3 a gig ? PL �. Or t O s 3' 0 €gip �c• 9 b r� n .i s• 0 Z 3 M pp O y O 3 j I G n 33� G m i3 •n z � x 0 0 o O w�• � P s i d N v I $ y 1 to m b m N O b OID � N a a d U •V v w f o Q a s q1i N n � 2 •< m O Q m gym' w� W I 11 0 �8 v r� A ATTACHMENT B Budget & Method of Payment Page 25 of 37 City of South Miami Contract #820 -567, Resolution 2008 -92 ATTACHMEW B FISCAL REQUIREMENTS, BUDGET & METHOD of PAYMENT Advance m ayment req ue sts The Children's Trust offers advance payments up to 15% of the total contract amount. Advance requests shall bse limited to governmental entities and not - for- profEt corporations, in accordance with subsection 216.181 (16) (b), The advance request is to ,include the amount requested �� in writing by The Children's Trusts Contract Manager and submitted using the designated form and must be app Chief Financial Officer or their designee(s). Advanced funds if not used) (bi! b� S. interest provider in an insured funds shall be returned tocThetChildren's dTrust with subsection 215.181 (16) (), on a quarterly basis or applied against the amount of the contract owed by The Children's Trust. Advance uayment Within 60 calendar days of receipt of an advance Provider shall report the actual expenditures paid by or charged to the advanced funds using the reporting "Invoice" form provided by The Children's Trust. If the "invoice" amount s less than the amount advanced, The Children's Trust will deduct the difference •from the next app ticabie monthly of the advance. A fiscal need payment request. request, in substantiated and he P oviderl nnorder for apn extension request to be considered by must be clearly demonstrated The Children's Trust. Budget revisions Budget revislon(s) require prior written approval from the Contract Manager and The Children's Trust's Chief Financial Officer or their designee(s). Request for budget revisions must be submitted to the Contract Manager using the appropriate form, as determined by The Children's Trust. The Provider must request a budget revision to add, delete, and /or modify any line item(s). Budget revisions can not exceed the contracted amount. Budget revisions will be Incorporated into the Contract. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10 °!0) percent of the total contract award. Cost Reimbursement Method of Pavment contract; the Provider snail be paid in The parties agree that this is a cast reimburse t revision as forth in this Attachment. No expenses accordance with the approved budget and /or approved budge may be incurred during July for programs offering after- school services only. Invoice Requirements The Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision. The request for payment is due on or before the fifteenth (151h) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing basis. The Children's Trust reserves the right to request any supporting documentation. A final request for payment (last payment) from the Provider will be accepted by ht eto Children's ayment shat! b forfe forty-five If (45) days after the expiration of this Contract. If Provider fails to comply, g 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 ordance with this i Contract and have the Children's Trust's decisionetonmthis matter shallsbe binding if In funds in ac accordance with this Contract. Page 26 of 37 City of South Miami Contract #810 -567, Resolution 2008 -42 If the Provider faits to serve the number of participator duce theiamount utilize the dollars. funds Any in delay fan amendment ment or Contract, The Children's Trust may amend the Contra The Children's Trust is not deemed with the The Children's Trust's right to amend or seek reim ur under - serving participants in accord to be deemed proper as defined by the Florida Prompt Payment Act, all requests In order for a request for payment for payment must comply with the requires for payment thand /orsdocume t tionnreturnedsto Provider for corrections payment. The prescribed by The Children's Trust. Request P Y submitted Request may be cause for delay in receipt f payment, Late submission of ere eipt of Provider's properly o pay Children's Trust shall pay Provider for Payment and /or other required documentation. within thief Children's calendar days with prior notification from The In the event that Provider, its independent auditor at the � hildren's Trust discovers that an overpayment has been made, Provider shall repay said overpayment Children's Trust. ments due until all required reports or deliverables are submitted an The Children's Trust shall retain any pay accepted by The Children's Trust. �i. supporting Documentation Requirements n of any kind Provider shall keep accu or or records s of any a covered by this Contract and shal make all such records received from any silent other third 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 Organization Name: 1 -Oct (for example: JUIY 1) Agency Fiscal Year Begins: Program Title: The After School House Page 28 of 37 Attachment B, Contract 81 0 -567, Resolullon #2D08 -92. •�Q•� 2, t4 o ,�, t o .~•f ro {�a1 t� j�qq� 0 3iC? ti 2• o a c N 6 E yi CL `w a " c9 c �' a<i 3 a m a � M m m o x YX o fi x •x 3 8 r V1 a o �' 3 3 3 `.. 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'Aid t r tp I j Z II ( z;a! t UNI 1 i I e I 13 f- 0 �g a CIS fi a • I i 1 � I • I ! 1 r 1 II O p •a t �°, 1 I � u1 OI ti t I j t f 1 i I e I I� I • ' •vity �"ii • C ari Q i a! . 1C3 i{ 4 1jI IO • 3 p ; C CIL I Yi I � 3s a° r��y E �°, 0 1 v C M q i7 G i 06 E n CL �N !�9 ° m 9 fIah °� n .N ,A iV �0. ,y :a •Ry 411, '� tE U ! z 0 �g a CIS fi a b o� C 00 E N h W � n O m o _ G N lE v 1 6 a w Q PL �i�Gi Y I+Oa I C X QM3y1 VAV P pnF !O'/yMVp v~ g b >M YtGb O w - Im „pYID �� ii II 3i Y X °o v � His [ c3 54 5 w I 7 ul t�191 N NCN tr F r+ X mKNNF o tA io o !� m IO f M°o I I ! f iff in Cq v 90 w i E a I tv3 MOO* i 1 O y 1 cg c c w !1 6 K . m S o� u b o� C 00 E N h W � n O m o _ G N lE v 1 6 a ATTACHMENT C Reporting Requirements Page 33 of 37 City of South Miami Contract #810 -567, Resolution 2008 -92 Attachment C Programmatic Data Reporting Requirements The Provider shall submit to The Children's Trust individual participant demographics, attendance, and outcome data, as noted electronic reporting (Attachment cation (Data Trackelr),nasuwelll tascst submission of information into - . 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 (15111) 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 (15th) day of the month following the end of each month, exclusive of legal holidays or weekends. Demographics required far child /parent participants with 3 or more contacts: Name (last, first, middle Initial) • Parent's name (last, first, middle initial) Street Address, City, and zip Code Gender (male, female) Date of Birth Race (American Indian /Alaska Native, Asian, Black /African American, Pacific Islander, White, Other) Ethnicity (Hispanic, Haitian, Other) • English proficiency (yes /no) • Additional /Other language(s) spoken (English, Spanish, Haitian Creole, Other) • Child's Social Security * • Child's Miami -Dade County Public Schools ID Number Child's Current Grade Level • Child's Current School Health Insurance (yes /no) Does child have a disability? (yes /no) Documentation of disability {Individualized Family Service Plan, Individualized Education Plan, Section 504 Plan, Medical diagnosis, Other) If disabled, what type? [Autism Spectrum Disorders, Chronic Medical Condition, Developmental Delay, Emotional and /or Behavioral Disorder, Hearing Impairment (or deaf), Intellectual u Disability (or mental retardation), Learning Disability, Physical Disability, Speech/Language Visual Impairment (or blind), Other] Is participant involved with (Optional Field): o Dependency system (e.g., DCF, Our Kids, full case management agencies, dependency & family courts) o Delinquency system (e.g., DJJ, Juvenile Services Department, diversion /Civil Citation programs) Voluntary Consent.Responses (Photography Y /N, Mailing List Y /N, Communication Y /N, and Release & Waiver Y /N) City of South Miaml Page 34 of 37 Contract #810 -567, Resolution 2008 -92 OUTCOMES & NARRATIVE REPORTS (Paper Reporting - Excel and Word Documents) • Outcomes Measurement and Results (Excel spreadsheet adsheereports ding customized o he for each program /provider, based on current contract scope service)—clue schedule below. • Quarterly Program Narrative Report (using standard Word document format provided by The Tr s5 ) captures a BRIEF report he end of the challenges and In addition, volunteerdha hours, quarterly by of accidents 'of the month following and incidents will be reported. The provider shall create and /or update annually of agency and oefacii tae program s profiles o Children's Trust-funded Resource Directory maintained by services. Evidence that the profile(s) have been created or updated must be provided to the Program Coordinator within 30 days of execution of this contract. 3 Out of School Reporting) Due Dates SCHOOL YEAR 2008 -2009 October 15, 2008* 1. Outcome Report (Excel) (Number of school year pre- and post -tests administered through 9/30/08) 2. Narrative Report (Word) January 15, 2009* 1. additional pre -tests and all mid -point and post- tests administered Outcomes Results (Excel) (Any through 12/31/08) 2. Narrative Report (Word) April 15, 2009* 1. Narrative (Word) 2. Satisfaction Survey Results (Excel) June 15, 2009* 1. Outcome Results (Excel) (Any additional school year pre -tests and ail 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 (Excel) *If the 15th falls on a weekend/ holiday, then reports are due the following business day. Post -tests are•to be administered to moreccalendar days have passed from the pre work prior notice during the year if thirty 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 specific audit shall state that the audit was conducted in accordance with the program specific audit requirements listed in The Children's Trust contract and include the following: of the An opinion (presented fairly Ins aillnmater whether nc conformity twitthnthe stated provider p 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 reort on internal control descr related be the s ope of testing of Internal ternal cont of and the results of the tests;which shall A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the auditee compiled with laws, regulations, and the provisions of contract(s) with -The Children's Trust which could have a direct and material effect on the program; and schedule summary mmary of theauditor s questioned results for ° Children's relative to The Includes 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 r � 4WtgMd•W.•6 - a ' .ws . The GhOdrenN'Fnot. OfFicers/ExecutWo Co'mmUtee- July 31, 2008 ' David Lawrence Jr. Chair Dr. WO J. Blechman Vice Chair Ajlbola• Balogun Josee Gregolre CIty of South' Ml6ml '. Secretary Hon. Isaac salver 5130 Sunset Drive Treasurer South Mlaml, Florida. 33143 Isabel Afanador, Chair Program Services Committee RE: Out -of- School Contract #810 -567 Maria A. Alonso, Chair Procurement Committee Hon. Norman S. Gerstein Dear Mr., Balogun: At -large Dr. Miguel Balsere The, Children's Trust • Is Issuing this Service Authorization to permit City of At -large Dr. Steven a. Marcus, chair South Miami to provide after - school and /or summer camp service§ beginning Human Resources Committee • August 1, 2008 through July 31,• 2009, *while the FY 200812009 contract Is dtill Dr. Judith Schaechter, Chair being,plgotiated and 'executed. Funding not to exceed $174;888.b0 has.been Health Committee awardtrU;for services delivered during this period. . The Board of Directors Ve ask for your prompt attention to' preparation of the 2008 -2009 contract. Alan Abramowitz Please submit all documents requested by • the dates. established by your, Dr. Nelson Adams Contract Manager In order to execute the contract by'no later than September Yvette Aleman 30, 2008. Karen Aronowltx Georbe M. Burgess Dr. Rudy Crew if you have. any questions about the contract process, please contact your Luis A. Contract Manager, Gilberto Gonzalez. F. Benjamin in F F. Gilbert, Jr. Mindy Gould• charisse Grant We look forward to our continued relationship with you working'on behalf of Silvia La a villa the children and families of Miaml -Dade Count Hon. Barbara Jordan y' Dr. Martin Karp ' Han. Lester Longer ely, Pamela Chard Elliott Knofsky McCarthy Dr. Rosa Martin Rep. Juan- Carlos "J.C." Planas Gerald K. Schwartz Dr. Jose Vicente dest6 E. A Chet Zerlln ' President /CEO u Modesto E. Abety President &CEO cc: Contract file AUG 4 , 2608 County Attdmey's Office Legal Counsel 3150 SW 3r4 Avenue, a Floor, Miami, Florida 33129 • Tel: 305 -571 -5700 / Fax: 305 -SV -9592• www.theeMidrenstrust.org f- i.. I 1