06-10-08 Item 13South Miami
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CITY OF SOUTH MIAMI
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OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To:
Via:
From:
Date:
Subject:
The Honorable Mayor & Members of the City Commission
W. Ajibola Balogun, City Manager
Carol M. Aubrun,
Grants Writer and Administrator
June 10, 2008
July 4th Event
Agenda Item No.:
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH THE CHILDREN'S TRUST FOR THE
JULY FOURTH EVENT IN THE AMOUNT OF $10,000.00; AND PROVIDING
FOR AN EFFECTIVE DATE.
Request: Authorizing the City Manager to execute an agreement with Dr. Tango, Inc.
Reason/Need: The City of South Miami has been awarded a grant for sponsorship in the
amount of $10,000.00 from the Children's Trust. The attached resolution
will allow the City Manager to execute the agreement with the Children's
Trust for the July 4th Event at Palmer Park.
Cost:
$10,000.00
Funding Source: The Children's Trust
Backup Documentation:
❑ Proposed Resolution
❑ Contract
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE CHILDREN'S TRUST FOR THE JULY FOURTH EVENT IN THE
AMOUNT OF $10,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has been awarded a grant from the Children's Trust for the
July Fourth Event in the amount of $10,000.00; and
WHEREAS, the Mayor and City Commission wish to accept the awarded funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY 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 July Fourth Event in the amount of $10,000.00.
Section 2: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
Include File Name and Path
day of 12008.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
CONTRACT NO. 841 -567
BETWEEN THE CHILDREN'S TRUST
AND THE CITY OF SOUTH MIAMI
FOR THE JULY 4T" UNITY DAY PUBLIC AWARENESS EVENT
THIS CONTRACT, made and entered into by and between The Children's Trust whose address is 3150 S.W. 3rd
Avenue, 8th Floor, Miami, Florida 33129 and The City of South Miami, hereinafter referred to as the "Provider" whose
address is 6130 Sunset Drive, South Miami, Florida 33143, states the conditions and covenants for the rendering of
services to children and families (hereafter referred to as "Services ") for The Children's Trust.
In consideration of the mutual covenants herein, The Children's Trust.and the Provider (sometimes hereafter referred
to as "Parties'l agree as follows:
A. EFFECTIVE TERM
The effective term of this Contract shall be from June 1, 2008 through July 31, 2008, subject to funding availability
and Provider's performance as expressly provided below.
B. TERMS OF RENEWAL (NOT APPLICABLE TO THIS CONTRACT) .
In the sole discretion of The Children's Trust this Contract may be renewed twice and with the acknowledgement of
the Provider, each renewal may not exceed a term equal to the term of the initial contract, for a total maximum of
three (3) terms. In considering the exercise of any contract renewal The Child ren's.Trust in its sole discretion will
consider, but is not limited, to, the following:
1. Provider meeting the performance. requirements specified in this Contract.
2. Continued demonstrated and documented need for the services funded;
3. Program or service(s) performance and fiscal compliance by the Provider that is deemed satisfactory in The
Children's Trust's sole discretion; and
4. The availability of funds from The Children's Trust. The Children's Trust is prohibited from creating obligations
in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions
in the contract,.
5. If applicable, The Children's Trust in Its sole discretion will initiate re- negotiation of this Contract before the
contract term expires.
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 $10,000.00. 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
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Contract #:841 -567
by and currently available from local and state funding sources for the same purpose. Government agencies
must certify that they have maintained their previous funding level when applying for additional funding from
The Children's Trust. A violation of this section shall be considered a material breach of this Contract.,
3. Use of Cost Allocation Methodology (NOT APPLICABLE TO THIS CONTRACT)
Provider attests that no. other reimbursement is available or used for invoiced Services unless expressly
authorized in writing by The .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 (NOT APPLICABLE TO THIS CONTRACT)
Capital equipment is included in the definition of. °property" under Florida Statutes, Chapter 274, and Florida
Administrative Code, Section 69I- 73.002, 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 unless The Children's
Trust has approved the retainage of any fees collected by Provider.
S. Assignments and Subcontracts
Neither Provider nor The Children's Trust shall assign this Contract to another party. Provider shall not
subcontract any Services contemplated under this Contract without prior written approval of The Children's
Trust. Provider shall incorporate appropriate language.from The Children's Trust contract into its subcontract
and shall require that all subcontractors providing services shall 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 shall. The Children's Trust directly provide funds to any subcontractor. All payments to any
authorized subcontractor shall be paid directly by Provider to the subcontractor.
6. Religious Purposes
Organizations and their faith -based community partners shall not use funds provided under this Contract to
support inherently religious activities, such as religious instruction, worship, or proselytization.
7. Lobbying
Provider shall not use any funds provided under this Contract or any other funds provided by The Children's
Trust for lobbying any federal, state or local government or legislators.
8. Adverse Action or Proceeding
Provider shall not utilize the funds provided under this Contract or any other funds provided by The Children's
Trust to retain any legal counsel for any action or proceeding against The Children's Trust or any of its, agents,
employees or officials.
F. INDEMNIFICATION BY PROVIDER
1. Government Entity
Subject to the limitations and sovereign immunity provisions of Florida Statute, Sec. 768.28, Provider shall
indemnify and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities
from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
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Contract #:841 -567
proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract
by Provider or its employees, agents, servants, partners, principals or subcontractors.
Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, Provider shall
pay . all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of
any kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon.
2. All Other Providers (NOT APPLICABLE TO THIS CONTRACT)
Provider shall indemnify and hold harmless The Children's Trust and its. officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including reasonable attorneys' fees and costs
of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating
to or resulting from the performance of this Contract by the Provider or its employees, agents, servants,
partners, principals or sub contractors, except to the extent arising from The Children's Trust's willful or
wanton acts or omissions, or those of its employees or principals.
To the extent arising from a liability that is covered by the foregoing indemnification, Provider shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of The Children's Trust, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and reasonable attorney's fees which may issue thereon. Provider expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by
Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend The
Children's Trust or its officers, employees, agents as herein provided.
The provisions of this section on indemnification shall survive the expiration or termination of this Contract.
G. COPYRIGHTS AND RIGHT TO DATA /MATERIALS
Where activities supported by this Contract produce original writing, data, sound recordings, pictorial reproductions,
drawings or other graphic representations and works of similar nature, The Children's Trust has a license to
reasonably use, duplicate and disclose such materials in whole or in part in a manner consistent with the purposes
and terms of this Contract, and to have others acting on behalf'of The Children's Trust to do so, provided that such
use does not compromise the validity of any copyright, trademark or patent. If the data /materials so developed are
subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to
any patent, trademark or copyright, or application for the same, will vest in the Provider or with any applicable third
party who has licensed or otherwise permitted the Provider to use the same. Provider agrees to allow The Children's
Trust and others acting on behalf of The Children's Trust to have reasonable use of the same consistent with the
purposes and terms of this Contract, at no cost to The Children's Trust, provided that such use does not compromise
the validity of such copyright, trademark or patent.
H. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY RIGHTS
The Parties understand that this Contract is subject .to the provisions, limitations and exceptions of Chapter 119,
Florida Statutes, regarding public records. Accordingly to the extent permitted by Chapter 119, Florida Statutes, the
Provider retains sole ownership of intellectual property developed under this Contract. It is the responsibility of the
Provider to pay all required licensing fees if intellectual property owned by other parties is incorporated by the
Provider into the services required under this Contract. Such licensing should be in the exclusive name of the
Provider. Payment for any such licensing fees or costs arising from the use of others' intellectual property rights must
be made by the Provider from funds available under this Contract
As applicable under Fla. Stat.. Section 768.28, and to the extent permitted by and within the limitations of Fla. Stat.
Section 768.28, the Parties shall indemnify and hold each other harmless from liability of any nature or kind, including
costs and expenses for or on account of third party allegations that use of any intellectual property owned by the third
party and provided, manufactured or used by the indemnifying Party in the performance of this Contract violates the
intellectual property rights of that third party.
I. BREACH OF CONTRACT AND REMEDIES
1. Breach
A material breach by the Provider shall have occurred under this Contract if the Provider through action or
omission causes any of the following:
a. Fails to provide the Services outlined in the scope of services (Attachment A) within the effective term
of this Contract;
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Contract #:841 -567
b. Ineffectively or improperly uses The Children's Trust funds allocated under this Contract;
c. Does not furnish the certificates of insurance required by this Contract or as determined by The
Children's Trust;
d. Does not meet or satisfy the conditions of award required by this Contract;
e. Fails to submit or submits incorrect or incomplete proof of expenditures to support disbursement
requests or advance funding disbursements, or falls to submit or submits incomplete or incorrect
detailed reports of requests for payment, expenditures or final expenditure reports;
f. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of- Services
In this Contract;
g. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to
Monitor, evaluate and review the Provider's program or service(s), including required client data;
h. Fails to comply with.child abuse and incident reporting requirements;
I. 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. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust
or any of its agencies; .
I. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws;
m. Falls to fulfill, in a timely and proper manner any and all of its obligations, covenants, contracts and
stipulations in this Contract;
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 any such breach within thirty (30) days after receiving
written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any of the
following remedies:
The Children's Trust may, at its sole discretion, enter into a written performance improvement plan with the
Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such
remedial, plan shall be an addition to this Contract and shall not affect or render void or voidable any other
provislon. contained in this Contract, costs, and any judgments entered by a court of appropriate jurisdiction.
The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice
to the Provider of such suspension and specifying the effective date thereof, at least five business days before .
the effective date of suspension. On the effective date of suspension the Provider may (but shall not be
obligated to), continue to perform the services provided for In this Contract, but the Provider shall promptly
cease using The Children's Trust's logo and any other reference to The Children's Trust in connection with such
services. All payments to the Provider as of this date shall cease, except that The Children's Trust shall
continue to review and pay requests for payment for services that were performed and /or for deliverables that
were substantially completed at the sole discretion of The Children's Trust, prior to the effective date. of such
suspension., If payments are suspended, The Children's Trust must specify in writing the actions that must be
taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date
for compliance. The Children's Trust may also suspend any payments in whole or in part under any other
contracts entered into between The Children's Trust, and the Provider by providing separate written notice to
the Provider of each such suspension and specifying the effective date thereof, which must be at least 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 Provider shall be responsible for all direct and indirect costs
associated with such termination including reasonable attorney's fees.
The ,Children's Trust may terminate this Contract by giving written notice to the Provider of such termination
and specifying the date thereof at least five (5) business days before the effective date of 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
improperly paid to the Provider under this Contract; (c) terminate further payment of Trust funds to the
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Contract #:$41 -567
Provider under this Contract, except that The Children's Trust shall continue to review and pay requests for
payment for services that were performed and /or deliverables that were substantially completed at the sole
discretion of The Children's Trust prior to the effective 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
beat least five business days before the effective date of such termination, in which event The Children's
Trust shall. continue to review and pay requests for payment as provided for in such other contracts for
services that were performed and /or for deliverables that were substantially completed at the sole discretion
of The Children's Trust prior to the effective date of such termination.. The Provider shall be responsible for all
direct and indirect costs associated with such termination, including reasonable attorney's fees.
The Children's Trust may seek enforcement of this Contract including but not limited to filing an action with a
court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated
with such enforcement, including reasonable attorney's fees, costs, and any judgments entered by a court of
appropriate jurisdiction, including all direct and indirect costs and reasonable attorneys' fees' through
conclusion of all appellate proceedings, and including any final settlement.
The provisions of this Paragraph I shall survive the expiration or termination of this Contract.
J. INSURANCE REQUIREMENTS
Except as required by Florida law for government entities, prior to .execution of this Contract and as a condition to
execution, Provider shall provide to The Children's Trust 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 on all applicable policies. The Children's Trust, shall not .disburse any funds until The Children's Trust is
provided with the necessary Certificates of Insurance, letter 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 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. .
The Children's Trust must be designated and shown as an "Additional Insured as Their Interest May Appear"
with respects to this coverage.
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
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.
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Contract #:841 -567
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 not 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 Appear" with
respects to this coverage. Coverage can be purchased as non -owned without hired .auto coverage, but rental
cars can not be used in the course of the Provider's regular. operations. Rental cars may be used for travel to
attend conferences outside the tri- county area.
6. If applicable, Professional Liability insurance, as determined by The Children's Trust, with coverage amounts
determined by The Children's Trust but not less than $250,000 per claim and in the aggregate: Defense costs
may be Inside the limits of liability and the policy can be written on claims made form. The Children's Trust is
not required to be named as an Additional Insured.
7. If applicable, Proof of.Property Coverage is required when the Provider has capital equipment .paid for by The
Children's Trust and said capital equipment is under the care custody and control of the Provider. The
Children's Trust must be shown.on the evidence of property coverage as a Loss Payee.
Certificate holder must read:
The Children's Trust
3150 SW 3''d Avenue, 8a' Floor
Miami, Florida 33129
Classification and Rating
All Insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as the financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent, subject to the reasonable approval of The Children's Trust's Risk Management Division, or The company
must hold a valid Florida Certificate of Authority as shown In the latest "List of All Insurance Companies Authorized or
Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the
Florida Guaranty Fund.
The Provider shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including,
but not limited, to any renewals of existing insurance policies, not later than thirty (30) days prior to the effective
date except for ten (10) days for lack of payment changes.
In the event of any change in the Provider's Scope of Services, Attachment A, The Children's Trust may increase,
waive or modify, in writing any .of the foregoing insurance requirements. Any request by a Provider to decrease,
waive or modify any of the foregoing insurance requirements shall be approved, in writing, by The Children's Trust
prior to any such decrease, waiver or modification.
In the event that an insurance policy Is canceled during the effective period of this Contract, The Children's Trust shall
withhold all payments from the Provider until a new. Certificate of Insurance or written verification (binders) of
Insurance required under this section is submitted and approved by The Children's Trust. The new Insurance policy
shall cover the time period commencing from the date of cancellation of the prior insurance policy.
The Children's Trust may require the Provider to furnish.additional and different insurance coverage, or both, as may
be required from time to time under applicable federal or state laws. Provision of insurance by Provider, in no
instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The
Children's Trust may have against the Provider for any liability of any nature related to performance under this
Contract or otherwise.
All insurance required hereunder may be maintained by the Provider pursuant to a master or blanket policy or policies
of insurance.
K. PROOF OF TAX STATUS
Provider is required to keep on file the following documentation for review by The Children's Trust.
The Internal Revenue Service (I.R.S.) tax status determination letter;
The most recent (two years) I.R.S. form 990 or applicable tax return filing within six (6) months after the Provider's
fiscal year end or other appropriate filing period permitted by law;
If required by applicable law to be 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.
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L. NOTICES
All notices pursuant'to this Contract shall be in writing and sent by certified mail to the addresses for each Party
appearing on the first page of this Contract, and in the case of notices to The Children's Trust, marked to the attention
of its. President and CEO: It is each Party's responsibility to advise the other Party in writing of any changes in name,
address and /or telephone number.
M. AUTONOMY
Both Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the
contracting parties. It is expressly understood and intended that Provider is only a recipient of funding support and is
not an agent or instrumentality of The Children's Trust, and that Provider's agents and employees are not agents or
employees of The Children's Trust.
N. RECORDS, REPORTS, AUDITS 'AND MONITORING
1. Accounting records
Provider shall keep accounting records which conform to generally accepted accounting principles. All such
records will be retained by Provider for not less than five years beyond the last date that all applicable terms of
this Contract have been complied with and final payment has been received and appropriate audits have been
submitted to and accepted by the appropriate entity.. However, if any audit, claim, litigation, negotiation or other
action involving this Contract or Modification hereto has commenced before the expiration of the retention period,
the records shall be retained until completion of the action and resolution of all issues which arise from it or until
the end of the regular retention period, which ever is later.
2. Financial audit (NOT APPLICABLE TO THIS CONTRACT)
Within 180 days of the. close of its fiscal year, Provider agrees to submit to The Children's Trust an Annual
Financial Audit performed by an independent audit firm of all its corporate activities. and any accompanying
management letter(s) or report(s) on other matters related to internal control,. for each year during which this
Contract remains in force and until all funds expended from this Contract have been audited. This audit shall be
conducted in accordance with auditing standards generally accepted in the United States of America and standards
contained in the Government Auditing Standards issued by the Comptroller General of the United States.
If Provider receives a combined total of $300,000 or more from The Children's Trust from this or any other The
Children's Trust contract, related to the fiscal year under audit, the Provider agrees to have a program - specific
audit relating to The Children's Trust contracts, in addition to the annual financial audit of the Provider's entire
organization. This program - specific audit is to encompass an audit of The Children's Trust contract amounts and
requires: .
• Submission of: (a) schedule of total expenditures, reflecting expenditures during the audit period for each
The Children's Trust contract by contract number, (b) summary of schedule of prior audit findings, (c)
disclosure .of any significant finding(s) relating to The Children's Trust contract(s), (d) disclosure of all
questioned costs and liabilities due to The Children's Trust, with a reference to the contract number
involved, and (e) a recommendation for a corrective action plan on any finding;
• Report whether the schedule of expenditure(s) is fairly stated;
• Provide notes to the schedule of expenditures that describe the. significant accounting policies used in
preparing the schedule;
• Report whether contractual matching requirements were met, if applicable;
• Report whether the provider has internal controls in place, to provide reasonable assurance of.compliance
with The Children's Trust applicable contractual requirements and on the reliability of financial operations.
Format of report is provided in Attachment D.
-A provider that does not meet the program - specific audit threshold requirement of a combined total of $300,000
or more from The Children's Trust, in the fiscal year being audited, will be exempt from the program - specific audit
requirement in the fiscal year that the audit threshold is not met.
Providers that are required to have a single audit conducted under OMB Circular A -133, Audit of States, Local
Government and Non -Profit Organizations . or the Florida Single Audit Act, Florida Statutes 215.97 agree to submit
the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's
reports and the corrective action plan when the schedule of findings and questioned costs prepared by the
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Contract #:841 =567
independent auditor discloses audit findings. In the event that the independent auditor does not disclose .audit
findings, Provider shall provide written notification to The Children's Trust that an audit of Provider was conducted
in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit
findings related to this Contract; and, that the summary schedule of prior audit findings did not report on the
status of any audit findings relating to awards that The Children's Trust provided.
Audit extensions may be granted in writing by The Children's Trust, after proper approval has been obtained from
The Children's Trust's Finance Department, upon receipt in writing of such request with appropriate justification by
the Provider.
3. Access to records
The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's
Trust's choosing at The Children's Trust's expense. Provider shall provide access to all of its records which relate
to this Contract at its place of business during regular business hours. Provider agrees to provide such assistance
as may be necessary to facilitate their review or audit by The Children's Trust to Insure compliance with applicable
accounting and financial standards; Including access by The . Children's Trust or its designee, to Provider's
independent auditor's working papers for complying with federal, state or local requirements.
4. Monitoring
Provider agrees to permit The Children's Trust personnel or contracted agents to perform random scheduled
and /or unscheduled monitorings, reviews, and evaluations of the. program which is the subject of this Contract
including any subcontracts under this Contract using The Children's Trust approved monitoring tools. The
Children's Trust or contracted agents shall monitor both fiscal /administrative and programmatic compliance with
all the terms and conditions of the Contract. Provider shall permit The. Children's Trust or contracted agents to
conduct site visits, client interviews, client. assessment surveys, fiscal /administrative review and other techniques
deemed reasonably necessary in The Children's Trust's sole discretion to fulfill the monitoring function. A report
of monitoring findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period
of time specified in the report.
S. Client Records (NOT APPLICABLE TO THIS CONTRACT)
Pursuant to Florida Statute 119.071(5), The Children's Trust collects the social security numbers of child
participants of funded programs and services for the following purposes: (a) to research, track and measure the
impact of The Children's Trust funded programs and services in an effort to maintain and improve such programs
and services for .the future (individual identifying information will not be disclosed); (b) to identify and match
individuals and data within and among various systems and other agencies for research purposes. The Children's'
Trust does not collect social security numbers for adult participants.
Provider shall maintain a separate file for each child /family served. This file shall include all pertinent information
regarding program enrollment and participation. At a minimum, the file will contain enrollment information
(Including parent registration consents and child demographics), service plans, .outcome measures (as set forth in
Attachment A), and notes documenting referrals, special _needs, or incident reports. These.files shall be subject to
the audit and inspection requirements under this Contract, subject to applicable confidentiality requirements. All
such records will be retained by the Provider for not less than five calendar years after the participant is no longer
enrolled. Provider agrees to comply with all applicable state and federal laws on privacy and 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 confidentiality requirements: (1) personnel files of employees
which include hiring records, background screening results, job descriptions, and evaluation procedures; (2)
authorized time sheets, records, and -attendance sheets to document the staff time. billed to provide Services
pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to
this Contract; (4) training modules; (5) pre and post session questionnaires; (6). participant consent and
information release forms; (7) agency policies and procedures; and (8) such other information related to Service
provision as described in Attachment A; all upon request by The Children's Trust. Provider shall retain all• records
for not less than five years beyond the last date that all applicable terms of this Contract have been complied with
and final payment has been received, and appropriate audits have been submitted to and accepted by the
appropriate entity.
7. Confidentiality
Provider and The Children's Trust understand that during 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
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Contract #:841 -567
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 confidentiality provision of this Contract
shall remain in full force and effect after the termination of this Contract.
8. Security Obllgation
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 limited
to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and
signed by both Parties.
P. GOVERNING LAW & VENUE
This Contract shall be interpreted and construed in accordance with and governed by the laws of the State of Florida
without regard. to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this
Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the
jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida.
Q. EMPLOYEE BACKGROUND SCREENING (NOT APPLICABLE TO THIS CONTRACT)
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 €n 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.
All provider personnel or sub - contracted agency personnel assigned to work at a site where they have access to
children shall have a Level 2 screening.
R. CHILDREN WITH DISABILITIES AND THEIR FAMILIES (NOT APPLICABLE TO THIS CONTRACT)
Provider understands that The Children's Trust expects Provider to meet the federal standards under the Americans
with Disabilities Act. By policy of The Children's Trust, providers must also implement reasonable programmatic
accommodations to include children with disabilities and their families, whenever possible. Notwithstanding anything
to the contrary, the Provider shall not be required to make any alteration to any public school building or other
building or structure which is not owned by the Provider.
S. REGULATORY COMPLIANCE
1. Non - discrimination and Civil Rights
Provider shall not discriminate against an employee, volunteer, or client of the Provider on the basis of race,
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Contract #:841 -567
color, gender, pregnancy, marital status, familial status, sexual orientation, religion, ancestry, national origin,
disability, or age, except that programs may target services for specific target groups as may be defined in the
competitive solicitation.
Provider shall demonstrate that it has. standards, policies, and practices necessary to render services in a
manner that respects the worth of the individual and protects and preserves the dignity of people of diverse
cultures, classes, races, religions, sexual orientation, and ethnic backgrounds.
Provider agrees.to abide by Chapter 11A of the Code of Miami -Dade County ( "County Code "), as amended,
which prohibits discrimination 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
Trust In excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two
purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
Violation of this section shall result In cancellation of this Contract and recovery of all monies paid hereto, and
may result in debarment from The Children's Trust's competitive procurement activities.
3. Conflict of Interest
Provider represents that the execution of this Contract does not violate Miami Dade County's Conflict of
Interest and Code of Ethics Ordinance,. www.miamidade.00v /ethics /library /Ethics- Brochure- 2005.pdf and
Florida Statutes §112 as amended, which are incorporated herein by reference as if fully set forth herein. .
Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of
this Contract and in connection with its obligations hereunder.
4. Compliance with Sarbanes -Oxley
Provider. shall comply with the following provisions of the.Sarbanes -Oxley Act (SOX) that apply.
Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation (SOX, Section 1512 of Title 18, USC).
Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of
fraud or abuse (SOX, Section 1513 of.Title 18, USC).
S. Licensing
The Provider shall obtain and maintain in full force and effect during the.term of this Contract any and all
licenses, certifications, approvals, insurance, permits and accreditations, required by the State of Florida,
Miami -Dade County, The Children's Trust or the federal government.
6. Proof of Policies
Provider shall keep on file copies of its policies on non - discrimination, equal opportunity and /or affirmative
action, Americans with Disabilities Act, and drug -free workplace.
7. Incident Reporting
Provider shall immediately report knowledge or reasonable suspicion of abuse, neglect, or abandonment of a
child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number
(1- 800 -96- ABUSE). As required by Chapters 39 and 415, Florida Statutes, this is binding upon both the
Provider and its employees.
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Contract #.841 -567
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 after service on Provider of any legal action which is filed as a result of such an injury.
8, Sexual Harassment
Provider shall complete an Incident report in the event a client or employee 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 after service on Provider of
any legal action which is filed as a result of such an alleged incident.
T. CONSENT (NOT APPLICABLE TO THIS CONTRACT)
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 (NOT APPLICABLE TO THIS CONTRACT)
Provldei• 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 ensure that all media representatives, when inquiring with the Provider about the
activities funded by this Contract, are informed that The Children's Trust is a funding source. Provider shall distribute
a press release announcing that it has.been awarded funding by The Children's Trust. Provider shall, if it possesses
the appropriate technology, provide a link between the website and The Children's Trust's website.
W. PUBLICATIONS
Provider agrees to supply The Children's Trust, without charge, up to three copies of any publication developed in
connection with implementation of programs addressed by this Contract. Such publications will state that the
program is supported by The Children's Trust. Provider agrees that The Children's Trust will have use of copyrighted
materials developed under this Contract to the extent provided in, and subject to, the provisions of Paragraphs G and
H above.
To the extent permitted by the applicable journal or other publication source, Provider shall include The Children's
Trust logo and the following paragraph In all materials featuring programs funded by The Children's Trust, including
but not limited to newsletters, press releases, brochures, fliers, homepage of websites or any other materials for
dissemination to the media or general public:
English:
The (organization) is funded (in part) 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:
(Organization) esta financiado ("in part" or equivalent translated into Spanish) por El Fidecomiso de
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Contract #:841 -567
los Ninos (The Children's Trust). El Fidecomiso de. los Ninos es una fuente de Ananciacion,
establecida por referendum para mejorar las vidas de nifos y familias en el Condado de Miami -
Dade.
Kreyoi :
( Organization) finanse ("in part" or equivalent to be translated Into Creole) pa "The Children's
Trust ". Trust la, ce yon sous lajan ke gouvenman amerikin vote an referandom you ke' Ii invests blen
nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Miami Dade.
Note: In cases.where funding by The Children's Trust represents only a percentage of.the Provider's
overall funding,. the above language can be altered to read "The (organization) is funded in part by
The Children's, Trust..."
X. HEADINGS, USE OF SINGULAR AND GENDER
Paragraph headings are for.convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the
singular, and pronouns shall be read as masculine, feminine or neuter as the context requires.
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
No other contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind
any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall
not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
City of South Miami
By:
W. Ajibola Balogun, City Manager
The Children's Trust
MIAMI -DADE COUNTY, FLORIDA
by:
Modesto E. Abety, President/CEO
Date: Date:
Approved as to form and legal sufficiency
Date:
Maria Arista - Volsky, County Attorney
This contract is not valid until signed by both parties
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Contract #:841 -567
ATTACHMENT A
Scope of Services
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Contract #;841-567
ATTACHMENT A
SCOPE OF SERVICES
JULY 4T" UNITY DAY PUBLIC AWARENESS EVENT
The Provider shall conduct the July 0 Unity Day public awareness event in Miami -Dade County.
The Event which is. free and open to the public, will feature music, dance, games and other activities that
will bring the community together in a safe environment.
The Event shall provide the following activities:
• Performances by school marching bands
• Educational and health related display booths
• Fun games and activities
• Dance groups
• Amusement rides
• . Face painters and Clowns
• Free give -aways
PARTICIPANTS:
Approximately 3,500 children /youth ages 3 through 18 and 1,500 adults will attend the event.
EVENT DATE:
The event shall take place on July 4, 2008 from 4:00 pm to 11:00 pm.at Palmar Park in the City of South
Miami. .
THE CHILDREN'S TRUST BANNER: The Provider agrees to prominently display The Children's Trust
banner on the day of the event.
THE CHILDREN'S TRUST LOGO: The Provider agrees to Include The Children's Trust logo in any. and all
items purchased for the event under this Contract.
PUBLICITY: The Provider agrees that the event funded by this Contract shall recognize The Children's
Trust as a funding source.. Provider shall ensure that all publicity, public relations, advertisements and
signs within its control recognize The Children's Trust for the support of all contracted activities. The use
of the official The Children's Trust logo is permissible.
Provider shall use its best efforts ensure that all media representatives, when inquiring with the Provider
about.the activities funded by this Contract, are informed that The Children's Trust is a funding source.
Provider shall distribute a press release announcing that it has been awarded funding by The Children's
Trust.
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Contract #:841 -567
ATTACHMENT B:
Budget .&
Method of Payment
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Contract #:841 -567
ATTACHMENT B
FISCAL REQUIREMENTS, BUDGET & METHOD OF PAYMENT
nt re
The Children's Trust offers advance payments. up to 15% of the total contract amount. Advance requests shall be
limited to governmental entities and not - for -profit corporations, in accordance with subsection 216.181 (16) (b), F.S.
The advance request is to include the amount requested and the justification. Advance payment requests ,must be
submitted using the designated form and must be approved in writing by The Children's Trust's Contract Manager and
Chief Financial Officer or their designee(s).
Advanced funds if not used shall be invested by the provider in an insured interest bearing account, in accordance
with subsection 216.181 (16) (b),.F.S. Interest earned on advanced funds shall be returned to The Children's Trust
on a quarterly basis or applied against the amount of the contract owed by The Children's Trust.
Advance payment
within 60 calendar days of receipt of an advance, Provider shall report the actual expenditures paid by or charged to
the advanced funds using the reporting "invoice" form provided by The Children's Trust. If the °lnvolce" amount is
less than the amount advanced, The Children's Trust will deduct the difference from the next applicable monthly
payment request. Provider may request, in writing, an extension of the repayment of the advance. A fiscal need
must be clearly demonstrated and substantiated by the Provider in order for an extension request to be considered by
The Children's Trust.
Budaet revisi
Budget revision(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 %) percent of the total
contract award.
Cost Reimbursement Method of Payment
The parties agree that this is a cost reimbursement method of payment contract; the Provider shall be paid in
accordance with the approved budget and /or approved budget revision as set forth in this Attachment.
Invoice Requirements
The Provider shall submit an original request for payment, in the format prescribed by The Children's Trust and in
accordance with the approved budget or approved budget revision. The request for payment is due on or before the
fifteenth (15th) day of the month following the month in which expenditures were incurred (exclusive of legal holidays
or weekends). The Children's Trust agrees to reimburse Provider on a monthly billing 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 The Children's Trust up to forty -five
(45) days after the expiration of this Contract. If Provider fails to comply, all rights to payment shall be forfeited. If
The Children's Trust determines that Provider has been paid funds not in accordance with this Contract, and to which
it is not entitled, Provider shall return such funds to The Children's Trust or submit appropriate documentation to
support the payment. The Children's Trust shall have the sole discretion in determining if Provider is entitled to such
funds in accordance. with this Contract and The Children's Trust's decision on this matter shall be binding if in
accordance with this Contract.
If the Provider fails to serve the number of participants and /or fails to utilize the funds in accordance with the
Contract, The Children's Trust may amend the Contract to reduce the amount of dollars. Any delay in amendment by
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Contract #:841 -567
The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for
under - serving participants in accordance with the Contract.
In order for a request for payment to be deemed proper as defined by the Florida Prompt Payment Act, all requests
for payment must comply with the requirements set forth in this Contract and must be submitted on the forms as
prescribed by The Children's Trust. Requests for payment and /or documentation returned to Provider for corrections
may be cause for delay .in receipt of payment. Late submission may result in delay in receipt of payment. The.
Children's Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted Request
for Payment and /or other required documentation.
In the event that Provider, its independent auditor or The Children's Trust discovers that an overpayment has been
made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The
Children's Trust. .
The. Children's Trust shall retain any payments due until all required reports or deliverables are submitted and
accepted by The Children's Trust.
Supporting Documentation Requirements
Provider shall keep accurate and.complete records of any fees collected, reimbursement, or compensation of any kind
received from any client or other third party, for any Service covered by this Contract, and shall make all such records
available to The Children's Trust upon request.
The Provider shall maintain records documenting actual expenditures and services provided according to the approved
budget and scope of services as required.
The Provider shall submit back -up documentation to support and justify all requests for payments.
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Contract #:841 -567
CITY OF SOUTH MIAMI ATTACHMENT B Program Budget
::::: ::::::: r::tt:;;s= s;::; ::::;::;::,.,::::: s_ :::_s¢: Areas: In° 81�f. L�:'. td- bplori� '7eted:h "'EIteA'ep..::i "'isis _'st::s' -_i i;;_?: ; is
Period. ::::::::::::: _::::. .,.. -_..- IF. '...... Day :::::, _: >::_:.,.,................:.:. :::.: _$::::::- ::::::Y.:.- ...._.. ..... �X............... ._::- :::::_:..._..............,
Travel (other than participants)
Travel (participants)
Heals (Only Applies to a Full Day's Captive Audience)
Space (rent, utilities, maintenance, etc.)
Supplies
;Printing /Reproduction
Capital Equipment (greater than.$1,000) (List each)
Attachment B, Contact #: 841 -587 PAGE 18 OF 19
ATTACHMENT C
REPORTING REQUIREMENTS
Provider shall submit a report after the completion of the event. Final payment will not be issued until this
report has been accepted.. Failure to submit the report will be considered in any future funding requests.
Provider shall submit a Report to The Children's Trust describing the success of the Event. The Report should include
but not be limited to the following:
• Number of participants attending the event
• Number of PSAs by media market
• Number of exhibitors participating .in the event
• Location of Children's Trust Banner
• Samples of all items containing The Children's Trust logo
• Copies of newspaper ads promoting the Event
• Include anything else deemed important
(THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY)
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Contract #:841 -567