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Home My WebLink AboutJ-3 Resolution: Child Murder & Youth Violence Prevention InitiativeCity of ~Vliami ~ard~ens 1515-200 NW 167~' Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilman Andre Williams Councilwoman Sharon Pritchett Councilwoman Barbara Watson MEMO UM To: Mayor and City Council From: Danny O. Crew, City Manager Date: March 14, 2007 Re: CONTRACT BETWEEN CITY OF MIAMI GARDENS AND THE CHILDREN'S TRUST FOR CHILD MURDER AND YOUTH VIOLENCE PREVENTION INITIATIVE BACKGROUND INFORMATION: Recent senseless murders of our children drove the Board of Directors of the Children's Trust, spearheaded by Commissioner Barbara Jordan, to seek proposals from qualified applicants to implement comprehensive violence prevention programs in local neighborhoods. The City of Miami Gardens led the effort to build a collaborative partnership with several government agencies and community-based organizations throughout the Miami Gardens and Opa-Locka communities, which resulted in a proposal to reduce violent actions against youth by providing services to 4569 youth between the ages of 5-18 and 200+ parents. At the December 2006 Board meeting of the Children's Trust, the City of Miami Gardens' proposal received unanimous approval to be fully funded in the amount of $750,000. Attorneys from both parties are finalizing the contractual agreement. Attached you will find this draft contract. In addition, Memorandums of Understandings will be established between the City of Miami Gardens and the various collaborators to ensure services are delivered and desired targets are met. RECOMMENDATION: It is recommended that the Council approve this resolution to allow the City Manager to negotiate a contract with the Children's Trust in the amount of $750,000; thus allowing staff to proceed with enacting components of the proposal with the various collaborators. J-3) CONSENT AGENDA RESOLUTION CHILD MURDER & YOUTH VIOLENCE PREVENTION INITIATIVE RESOLUTION No. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND THE CHILDREN'S TRUST OF MIAMI-DADE COUNTY FOR THE "CHILD MURDER AND YOUTH VIOLENCE PREVENTION INITIATIVE," A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A;" AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, MEMORANDUMS OF UNDERSTANDING WITH ALL PROVIDERS WHO WILL BE PROVIDING SERVICES PURSUANT TO THE AGREEMENT, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "B;" PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, recently there has been a proliferation of murders of children in the 2 City of Miami Gardens, and 3 WHEREAS, the Board of Directors of the Children's Trust, through Commissioner 4 Barbara Jordan, is seeking proposals from qualified applicants to implement 5 comprehensive violence prevention programs in local neighborhoods, and 6 WHEREAS, the City of Miami Gardens was selected to partner with the 7 Children's Trust by collaborating with local agencies to create programs for the 8 reduction of violent acts, and 9 WHEREAS, the Children's Trust has granted funding to the City of Miami 10 Gardens in the amount of $750,000 for this purpose ("Grant"), and 11 WHEREAS, in accordance with the Agreement, the City of Miami Gardens will be 12 required to enter into Memorandums of Understanding with all third party agencies that 13 will be providing any services in accordance with the Grant, 128057_1 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF MIAMI GARDENS, FLORIDA, as follows: 16 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 17 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 18 made a specific part of this Resolution. 19 Section 2. AUTHORITY: The City Manager and City Clerk are hereby 20 authorized and directed to execute and attest, respectively, that certain Agreement 21 befinreen the City of Miami Gardens and the Children's Trust of Miami-Dade County for 22 the "Child Murder and Youth Violence Prevention Initiative," a copy of which is attached 23 hereto as Exhibit "A," and Memorandums of Understanding with all providers who will 24 be providing services pursuant to the contract, in substantial form as that Agreement 25 attached hereto as Exhibit "B." 26 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 27 authorized to obtain three (3) fully executed copies of the subject Agreement, with one 28 to be maintained by the City; with one to be delivered to the Children's Trust of Miami- 29 Dade County, and with one to be directed to the Office of City Attorney. 30 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON MARCH 14, 2007. 34 35 36 37 ATTEST: 38 39 SHIRLEY GIBSON, MAYOR 128057_1 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson Vice Mayor Oscar Braynon, II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Andre Williams Councilwoman Sharon Pritchett Councilwoman Barbara Watson (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) 128057_1 CONTRACT BETWEEN THE CHILDREN'S TRUST AND City of Miami Gardens FOR Child Murder and Youth Violence Prevention Initiative This Contract, made this ist day of February, 2007, by and between The Children's Trust, an independent special taxing district of Miami-Dade County (hereafter referred to as "The Trust") located at 4500 Biscayne Blvd./Suite 201, Miami, Florida, 33137 and City of Miami Gardens, having offices at 1515 NW 167th Street, Bldg 5, Suite 200 Miami, Florida 33169 (hereafter referred to as "Provider") (jointly referred to as ~~The Parties") state, conditions and covenants for the rendering of services to children and families (hereafter referred to as "Services") for The Trust. WHEREAS, Miami-Dade Ordinance 02-247 authorizes The Trust to provide for the health, development and safety of children and families throughout Miami-Dade County; and WHEREAS, the Provider provides or agrees to develop Services of value to The Trust and to children and families of Miami-Dade County as more specifically set forth in this Contract, and has demonstrated an ability to provide these Services; and WHEREAS, The Trust desires that Provider provide those Services and the Provider desires to provide such Services; and WHEREAS, The Trust has appropriated funds for the proposed Services, NOW, Therefore, in consideration of the mutual covenants recorded herein, the parties agree as follows: I. Scope of services The Provider agrees to render Services in accordance with the scope of services and evaluation measures incorporated and attached hereto as Attachments A(the "Services"). The Provider will implement the Services in a manner deemed satisfactory solely to The Trust. Any modification or amendment to the Services shall not be effective without prior written approval by The Trust's Chief Executive Officer (hereinafter referred to as CEO) and Provider. The amended scope of services, subject to approval by the CEO, must be submitted sixty (60) days prior to the expiration of the Contract. Provider agrees that all funding provided by the Trust, pursuant to this Contract will be used exclusively for Services in and for the benefit of Miami- Dade County residents. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 1 II. Adherence to request for proposal A. Adherence to Funding Proposal and Obligation to Provide Services Provider agrees to comply with the standards and requirements established under The Trust's Request for Proposal (RFP) and/or Invitation To Negotiate (ITN) document which is incorporated by reference as if set forth in its entirety herein. In addition, the Provider agrees to provide The Trust with the program and services described in Provider's response to the RFP and/or ITN. Where any terms or conditions provided for under the (RFP) and /or ITN conflict with the terms and conditions in this Contract and/or its attachments, the language of this Contract and/or its attachments shall control. Not later than 90 days after the contract is funded, grantees from each focus area will form a joint coordinating body to provide a locus for countywide collaborative endeavors, including community advocacy on issues that may be better addressed on a county-wide basis. III. Effective term A. Initial Contract Period The Parties agree that the initial efFective term of this Contract shall be from February i, 2007 to 7anuary 31, 2008. B. Contract renewal options This Contract may be renewed for a term equal to the term of the initial contract for up to three years. Exercise of the renewal option is at the sole discretion of The Trust and shall be contingent upon but not limited to the following: 1. Continued demonstrated and documented need for the Services or priority area of funding; 2. Program performance by the Provider that is deemed satisfactory in The Trust's sole discretion; and 3. The availability of funds from The Trust. The 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 agreement. The Trust, at least 60 days before the Contract period expires, will notify Providers of its intent to renew the contract. Contract renewal amounts will be negotiated and approved in writing at least 30 days prior to contract renewal. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 2 IV. Amount payabie Subject to available funds, the maximum amount payable for Services rendered under this Contract shall not exceed $750,000.00. The Parties agree that should available funding to The Trust be reduced: A) the amount payable under this Contract may be proportionately reduced at the sole option of The Trust with a proportionate reduction in the Services; or B) this Contract may be terminated at the sole option of The Trust. Should funding to the Trust cease or be reduced this Contract may be terminated at the sole discretion and option of The Trust. V. Funding terms and conditions A. Cost Reimbursement The Parties agree that this is a cost reimbursement Contract, and the provider will be paid based on actual expenditures. Provider will submit a monthly expenditure report in accordance with the approved budget as set forth in Attachment B, and units served information as prescribed by The Trust. The Trust reserves the right to review the actual demographic and attendance records on a quarterly basis to ensure that the minimum units served are in compliance. If the Provider fails to serve the number of units in accordance with the Contract, the Trust may amend the Contract to reduce the amount of dollars representing the number of units not provided. Any delay in amendment by The Trust is not deemed a waiver of The Trust's right to amend or seek reimbursement for units not provided in accordance with the Contract. The Trust reserves the right to request any supporting documentation. Provider's failure to provide supporting documentation at the Trust's sole discretion is deemed a material breach under paragraph XV of this Contract. Provider attests to The Trust that no other reimbursement is available or used for invoiced units of services unless expressly authorized by The Trust. B. Administrative costs In no event shall The Trust fund indirect administrative costs in excess of ten (10%) percent of the total budgeted expenses requested to be funded. If the budget includes a line item for indirect administrative costs, then the Provider must support such expenditure with documentation deemed acceptable by The Trust. C. Advance payment 1. Advance payment requests The Trust offers advance payments only in exceptional cases. After award of a contract, Providers have five (5) business days to request an advance payment. The request should include the amount requested and the justification(s) for that amount. The Trust limits advance payments to 15% of the total contract amount. All advance payment requests must be requested using the designated form and must be approved in writing by The Trust's CFO or Controller. The schedule in terms of the repayment of the advance is required and must be in place at the time the request for the Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 3 advance payment is approved. All advance payments must be repaid by the end date of the Contract. 2. Advance payment invoice Within 60 calendar days of receipt of an advance, Provider shall repay the advance to The Trust by submitting actual expenditures paid on the line items using the invoice form provided by The Trust. Provider may request, in writing, an extension of the repayment of the advance within the 60 days. The extension must be approved in writing by the CFO or Controller. A fiscal need must be clearly demonstrated and substantiated by the Provider in order for an extension request to be considered by The Trust. The Trust reserves the right to deduct advances from monthly invoices if the Provider fails to submit expenditures in accordance with the approved repayment schedule. D. Budget revisions The Provider is authorized to shift up to 10% of an existing approved budget line item with prior written approval from The Trust. The Provider shall submit a revised budget to the Program Coordinator prior to a submission of an invoice. The Provider is authorized to have up to two (2) budget revisions for a twelve month Contract. All budget modifications will require a prior written approval from the Program Coordinator and the Chief Financial Officer and /or his/her designee. A final budget revision must be submitted sixty (60) days prior to the expiration of the Contract. No budget revision may exceed the maximum contracted amount. Budget Revisions and/or Budget amendments shall replace Attachment B as Attachment B-1 or B-2, a copy of which will be attached and incorporated by reference as if fully set forth herein. E. Assignments and Subcontracts The Provider shall neither assign the responsibility of this Contract to another party nor subcontract any of the Services contemplated under this Contract without prior written approval of The Trust, which shall not be unreasonably withheld. Any sub-license, assignment or transfer otherwise occurring shall be null and void. Provider shall be responsible for all Services performed and all expenses incurred with the Contract. It is understood by the Provider that The Trust shall not be liable to a subcontractor for any expenses or liabilities incurred under sub contract and the Provider shall be solely liable to the subcontract. The Provider, at its sole expense, will defend the Trust department against such claims. In no event shall The Trust directly advance funds to any subcontractor. All payments to authorized subcontractors shall be paid directly by Provider to the subcontractor. F. Access to records prior to funding At the option of The Trust, upon demand and/or within thirty (30) days prior to funding any program or service, the Provider shall allow The Trust to evaluate Provider's fiscal and personnel systems in order to be assured of Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 4 Provider's capability to manage the program or programs funded by this Contract. The Trust shall not disburse any funds until it is allowed to evaluate Provider's fiscal and management systems. Failure to allow sucli evaluation may result in termination of this Contract. The Trust reserves the right to evaluate the Provider's fiscal and personnel systems at any reasonable time throughout the course of this Contract. G. Prohibitions and limitations on use of funds 1. Payment is limited to contracted services Provider shall use funds provided under this Contract solely for the provision of Services described in Attachment A. The Provider shall not use funds provided under this Contract to support other programs or services provided by Provider under a different contract. Neither shall the Provider carry over the funds provided under this Contract to a new contract or amendment without the express written approval of The Trust. Services funded under this Contract shall only be in addition to services already provided without assistance under this Contract. 2. No supplanting of existing public funds The Trust funding may not be used by local or state government agencies to replace funding previously provided by those local and state funding sources for the same program purpose. Such government agencies must certify that they have maintained their previous funding level when applying for additional funding from The Trust. Violation of this section shall be considered a breach of this Contract. 3. Double payments Provider costs or earnings claimed under this Contract may not also be claimed under another contract or grant from The Trust or any other agency. Any claim for double payment by Provider shall be considered a material breach under paragraph XV of this Contract. 4. Use of cost allocation methodology Provider attests to The Trust that no other reimbursement is available or used for invoiced Services unless expressly authorized in writing by The Trust. 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 Agreement, and shall make all such records available to The Trust upon request. Provider shall report such fees; reimbursement, compensation or funding to The Trust for such payments received which will be deducted from Provider's invoices. 5. Religious purposes The Trust funds shall not be used for purposes of religious proselytizing. 6. Lobbying The Provider shall not use any funds provided under this Contract for Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 5 lobbying federal, state or local legislators. Violations of this section shall be considered a material breach under paragraph XV of this Contract. 7. Adverse action or proceeding Provider shall not utilize the funds provided under this Contract or any other funds provided by The Trust to retain any legal counsel for any action or proceeding against The Trust or any of its agents, employees or officials. The Provider shall not utilize the funds provided under this Contract or any other The Trust funds to provide legal representation, advice or counsel to any person in any action or proceeding against The Trust or any of its agents, employees or officials. 8. Capital equipment To define capital equipment, the Trust utilizes the definition of "property" as outlined by the Florida Statutes, Chapter 274, as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Capital equipment purchased by the Provider using The Trust funds are assets of The Trust, are intended for The Trust funded programs, considered to be owned by The Trust and must be tagged at the time of purchase as an asset of The Trust. The Trust will work with the Provider to tag the asset and to receive all information regarding the equipment. The Provider must maintain a record of the capital equipment purchased with funds provided by The Trust. When the Provider is no longer funded by the Trust, the equipment will be returned to The Trust for use by another funded program unless it is fully depreciated. The Provider must initiate return of such capital equipment to the Program Coordinator. Ownership of capital equipment will be transferred to the Provider and removed from The Trust's fixed asset system provided that the capital equipment is fully depreciated and in the possession of the Provider. VI. Representations and acknowledgments A. Appropriate staff Provider represents that all persons delivering the Services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the scope of Services (Attachment A) and to provide and perform such Services to The Trust's satisfaction. Provider further represents that all persons delivering Services required by this Contract have complied with all state and federal requirements, including but not limited to Level I and Level II background screening requirements. Provider certifies that all such individuals are qualified and approved for providing Services herein. B. Best practices Provider shall perform its duties, obligations, and Services under this Contract in a skillful and respectful manner. The quality of Provider's performance and all interim and final product(s) provided to or on behalf of The Trust shall be comparable to local, state and national best practice Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 6 standards. C. Children with disabilities and their families Provider understands that The Trust expects all Providers to meet the federal standards under the Americans With Disabilities Act. By policy of The Trust, providers must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. D. Other acknowledgments Information, guidance and technical assistance offered by The Trust staff, or any other person or entity, whether written or verbal, in no way constitutes a guarantee of execution of this Contract by The Trust and should not be relied upon as a basis for doing business, delivering service, expending financial resources or having an expectation of receipt of payment. Provider acknowledges that its performance under this Contract (included, but not limited to, findings of monitoring reports, responsiveness to improvement plans, timely receipt of required and requested information, and overall satisfactory performance) shall be taken into consideration by The Trust when evaluating any future funding requests by Provider. VII. Indemnification by Provider A. For Providers subject to Florida Statute Sec. 768.28 Subject to the limitations and sovereign immunity provisions of Florida Statute Sec. 768.28, each party shall indemnify and hold harmless the other party and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, each party 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 Trust, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The provisions of this section on indemnification shall survive the expiration or termination of this Contract. VIII. Ownership and indemnification of intellectual property rights A. Ownership of intellectual property rights The Trust retains sole ownership of intellectual property developed under this Contract. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 ~ Any data, reports, drawings, documents or other information provided by Provider to The Trust during the performance of Services under this Agreement and any reports, drawings or other writings based entirely on The Trust's disclosures and created as part of the Services provided under this Contract shall be and remain the sole property of the Trust at all times. However, all such documents shall be considered public document in accordance with Chapter 119, Florida Statutes. Notwithstanding the foregoing, The Trust may access, use, assemble and disseminate such data for reporting compliance and statistical purposes, provided that Provider otherwise complies with the confidentiality obligations below. B. Licensing of intellectual property rights It is the responsibility of the Provider to pay all required licensing fees if intellectual property owned by other parties is incorporated into the services required under this Contract. Such licensing should be in the exclusive name of The Trust. 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. The Provider's failure to comply with this paragraph shall be a material breach of this Contract under the provisions of paragraph XV. C. Indemnification Provider shall indemnify and hold harmless The Trust from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the Contract. Provider may not use any design, device, materials or works covered by letters, service mark, and trademark, patent, copyright or any other intellectual property right manufactured or used in the performance of this Contract. It is mutually agreed and understood without exception that such use is outside the scope and terms of this Contract and would be deemed a material breach thereof under the provisions of paragraph XV. IX. Insurance A. Minimum insurance requirements: certificates of insurance The Provider shall furnish to the Program Coordinator of The Trust, 4500 Biscayne Blvd, Miami, FL 33137, Suite 201, upon execution of the Contract, Certificate (s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below including The Trust being named as an additional insured on all policies: 1. Worker's Compensation Insurance for all employees of the Provider as required by Florida Statute 440; 2. Comprehensive general liability insurance in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. The Trust must be designated and shown as an additional insured with respect to this coverage; Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 8 3. Automobile liability insurance covering all owned, non-owned and hired vehicles used in connection with the Services provided under the terms of this Contract, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Trust must be designated and shown as an additional insured with respect to this coverage. 4. Professional liability insurance with limits no less than $1,000,000 per occurrence The Trust must be designated and shown as an additional insured with respect to this coverage; Evidence of insurance shall be on the original Certificate of Insurance submitted to The Trust prior to commencing services under this contract. B. Classifications and ratings 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: 1. The company must be rated no less than "B" as to management, and no less than ~~Class V" as to 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 approval of The Trust's Risk Management Division, or 2. 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. C. Modifications and changes All insurance certificates will indicate no modification or change in insurance shall be made without thirty (30) days advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: The Children's Trust 4500 Biscayne Blvd., Suite 201 Miami, FL 33137 Compliance with the foregoing requirements shall not relieve the Provider of liability and obligation under this section or under any other section of this Contract. D. Duration of insurance Provider shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all renewal periods and/or additional phases or work that may be granted to the Provider in accordance Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 9 with this Contract, if applicable. If insurance certificates are scheduled to expire during the contractual period, the Provider shall be responsible for submitting new or renewed insurance certificates to The Trust at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, The Trust shall suspend the Contract until such time as the new or renewed certificates are received by The Trust in the manner prescribed in the Request for Proposal and/or Invitation to Negotiate; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendars days, The Trust may, at its sole discretion, terminate this Contract for cause and seek re-procurement damages from the Provider. E. Failure to provide certificates of insurance If Provider fails to furnish The Trust with certificates or written verification required under this section or as determined by The Trust after review of the scope of Services (Attachment A), The Trust shall not disburse any funds until it is provided with the necessary certificates of insurance or written verification. Failure to provide the certificates of insurance or written verification upon execution of this Contract may result in termination of the grant award. X. Conditions of award Provider agrees that it has met or will meet all of the following conditions of award. Failure to satisfy any of the following conditions of award will be deemed a material breach under paragraph XV may result in termination of this Contract. A. Programmatic conditions of award 1. Licensure Upon execution, if Provider is required by the State of Florida or Miami-Dade County to be licensed or certified to provide the services or operate the facilities outlined in the scope of Services (Attachment A), Provider shall keep on file all required current licenses or certificates. Provider shall be responsible for assuring that licenses required by the State of Florida or Miami-Dade County remain in force and efFect for the duration of the contractual period, including any and all renewal periods and/or additional phases or work that may be granted to Provider in accordance with this Contract, if applicable. 2. Fire inspection certificate If Provider is required by the State of Florida, Miami-Dade County or any municipality to have a service site Fire Inspection Certificate, Provider shall keep on file the most recent inspection within ten (10) days of execution of this Contract. 3. Health inspection certificate If Provider is required by the State of Florida, Miami-Dade County or any municipality to have a service site Health Inspection Certificate, Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 10 Provider shall keep on file the most recent inspection within ten (10) days of execution of this Contract. 4. Employee background screening a. In accordance with Sections 984.01(2)(a), 985.01(2)(a), and 39.001, Florida Statutes, only employees, volunteers and subcontracted personnel with a satisfactory background check through a screening agency may work in direct contact with children under the age of eighteen. Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS Program, However, 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 Public School System (MDPS). In addition, an Affidavit of Good Moral Character must be completed and notarized for each employee, volunteer and subcontracted personnel upon hiring. b. Per Florida Statue 1012.465, providers employing current School Board employees in possession of a valid School Board ID Badge and updated Level 2 Screening must complete a verification form. Non-School Board employees are required to obtain a Level 2 Screening and a School Board ID Badge before access to school campuses is granted, in the event access to school campuses is incorporated in the Services under this Contract. c. Provider shall retain all records demonstrating compliance with the background screening required herein for not less than three 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. 5. Proof of tax status If Provider is required to file tax returns, Provider is required to keep on file the following documentation for review by The Trust. a. The Internal Revenue Service (I.R.S.) tax status determination letter; b. The most recent (two years) I.R.S. form 990 within six (6) months after the Provider's fiscal year end or other appropriate annual fiscal filing; c. 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. 5. Proof of policies Provider shall keep on file copies of its policies on non- discrimination, equal opportunity and/or afFirmative action, Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 11 Americans wi,th Disabilities Act, and drug-free workplace. XI. Civil rights and other regulatory compliance A. Non-discrimination and civil rights Programs receiving funding from The Trust 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 client groups as defined in the Request for Proposal (RFP) and/or Invitation To Negotiate (ITN) or response to the RFP and/or ITN. Additionally, 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 2000d, 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. § 12103 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 Trust shall have the right to terminate 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, The Trust will conduct no further business with Provider. B. Family medical leave Provider agrees that it is in compliance with the Family Medical Leave Act (28 USC 2601 et. seq. and §11A-29 et. seq. of Miami-Dade County Code) which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide family medical leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract. C. Domestic violence leave The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 11A-60 et. seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 12 each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract. D. Florida clean indoor air act Provider agrees that it is in compliance with the Florida Clean Indoor Air Act, §386.201, et. seq., Florida Statutes, which prohibits smoking in enclosed indoor workplaces, including private residences where child care or health care is provided. E. Public entities crime act Provider represents that the execution of this Contract will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or afFiliate who is a contractor, 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 Trust, may not submit a bid on a contract with The Trust for the construction or repair of a public building or public work, may not submit bids on leases of real property to The Trust, may not be awarded or perform work as a contractor supplier, subcontractor, or consultant under a contract with The Trust, and may not transact any business with The 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 Trust's competitive procurement activities. F. Living wage Provider agrees to comply with Miami-Dade County's Living Wage Ordinance (§2-8, 9 of Miami-Dade County Code) if it has contracted with The Trust for a sum of $100,000 or more to provide food preparation/distribution, security services, routine maintenance (custodial, cleaning, refuse removal, repair, refinishing, recycling), clerical or other non-supervisory clerical work, transportation and parking service, printing services or landscaping/lawn services. G. Conflict of interest Provider represents that the execution of this Contract does not violate The Trust Conflict of Interest and State of Florida Code of Ethics, (§112.311, Florida Statutes), 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 laws throughout the course of this Contract and in connection with its obligations hereunder. H. Compliance with Sarbanes-Oxley If Provider is an entity subject to Sarbanes-Oxley, Provider shall comply with the fotlowing provisions of the Sarbanes-Oxley Act (SOX) that apply to all Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 13 corporate entities, including non-profit organizations, as follows: a. It is a crime to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation (SOX, Section 1102, Section 1512 of Title 18, USC). b. It is illegal for any corporate entity to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse (SOX, Section 1107, Section1513 of Title 18, USC). XII. Child abuse and incident reporting A. Child abuse 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. B. Incident reporting 6. Injury 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 Trust within three (3) working days. Provider shall provide written notification to The Trust, within seven (7) days, if any legal action is filed as a result of such an injury. 7. 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 and the Provider has knowledge thereof. Provider shall provide written notification to The Trust within three (3) working days if such an allegation is made. Provider shall provide written notification to The Trust, within seven (7) days, if any legal action is filed as a result of such an alleged incident. 8. Civil rights violation Provider shall provide written notification to The Trust within three (3) days if any complaint or litigation is filed against the Provider or any of its employees alleging a violation of any of the laws listed in Article XI of this Contract. XIII. Notices It is understood and agreed that all notices pursuant to this Contract shall be in writing and sent by certified mail to the addresses for each Party appearing on page one of the Contract. It is Provider's responsibility to advise The Trust in writing of any changes in name, address and/or telephone number. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 14 schedule to The Trust or any of its agencies; 14. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws, or; 15. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this Contract; 16. Fails to comply with Background Screening, Level 2 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. B. The Trust's remedies Upon a material breach of this Contract The Trust may pursue any or all of the following remedies including a combination thereof: 1. The Trust may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) business days before the effective date of termination. In the event of termination, The Trust may: (a) request copies of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with The Trust funds under this Contract; (b) seek reimbursement of The Trust funds allocated to the Provider under this Contract; (c) at the sole discretion of The Trust, The Trust may terminate or cancel any other contracts entered into between The Trust and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction. 2. The 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 ~ve (5) business days before the effective date of suspension. If payments are suspended, The Trust shall 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. At the sole discretion of The Trust, The Trust may also suspend any payments in whole or in part under any other contracts entered into between The Trust and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction. 3. The 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 attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction. 4. The Trust retains the option, at its sole discretion, to enter into a written performance improvement plan with the Provider to cure any breach of Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 16 XIV. 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 Trust, and that Provider's agents and employees are not agents or employees of The Trust. XV. Breach of contract and remedies A. Breach A material breach by the Provider shall have occurred under this Contract if the Provider: 1. Fails to provide the Services outlined in the scope of services (Attachment A), the Request for Proposal (RFP)/Invitation to Negotiate (ITN) or the response to Request for Proposal (RFP) or Invitation to Negotiate (ITN), whichever is applicable, within the effective term of this Contract; 2. InefFectively or improperly uses The Trust funds allocated under this Contract; 3. Utilizes The Trust funds for local or state government programs that were previously funded by the local or state agency; 4. Does not furnish the certificates of insurance required by this Contract or as determined by The Trust; 5. Does not meet or satisfy the conditions of award required by this Contract; 6. 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; 7. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this Contract; 8. Refuses to allow The Trust access to records or refuses to allow The Trust to monitor, evaluate and review the Provider's program, including required client data; 9. Does not comply with the civil rights and other regulatory obligations detailed in Article XI; 10. Fails to comply with child abuse and incident reporting requirements; 11. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; 12. Fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; 13. Fails to meet the terms and conditions of any obligation or repayment Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 15 this Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, and any judgments entered by a court of appropriate jurisdiction. 5. Any and all other remedies available at law or equity. C. CEO authorized The CEO is authorized to terminate this Contract on behalf of The Trust. D. Damages sustained Notwithstanding the above, Provider shall not be relieved of liability to The Trust for damages sustained by The Trust by virtue of any breach of the contract, and The Trust may withhold any payments to Provider until such time as the exact amount of damages due The Trust is determined. The Trust may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action including attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction. The limitations of F.S. Section 768.28 apply to entities entitled to sovereign immunity under Florida law. XVI. Termination by either party The Parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) calendar days prior to the efFective date of such termination. The CEO is authorized to terminate this Contract on behalf of The Trust. XVII. Termination due to lack of funds The Trust may terminate this Contract within thirty (30) business days if The Trust fails to receive funds through which this Contract is funded. XVIII. Payment procedures The Trust agrees to pay Provider for Services rendered under this Contract as outlined in Attachment A and Attachment B. Payment shall be made in accordance with forms found on The Trust's Funded Programs, (http://www.thechildrenstrust.org/programs.asp) and, if applicable, the Florida Prompt Payment Act. A. Requests for payment The Trust agrees to pay for expenditures in accordance with the terms outlined in Attachment B, funding terms and conditions. An original invoice, in the format prescribed by The Trust, plus two copies is due on or before the fifteenth (15) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The Trust agrees to reimburse Provider on a monthly billing basis. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 1~ B. Processing the request for payment In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Contract and must be submitted on the forms as prescribed by The Trust. Invoices 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 Trust shall pay Provider within thirty (30) calendar days of receipt of Provider's properly submitted invoice and/or other required documentation. C. Final request for payment A final request for payment from the Provider will be accepted by The 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 after receipt of such final report, The Trust determines that Provider has been paid funds not in accordance with the Contract, and to which it is not entitled, Provider shall return such funds to The Trust or submit appropriate documentation to support the expenditure. The Trust shall have the sole discretion in determining if Provider is entitled to such funds and The Trust's decision on this matter shall be binding. Additionally, any unexpended or unallocated funds shall be recaptured by The Trust. D. Return of funds In the event that Provider, its independent auditor or The Trust discovers that an overpayment has been made, Provider shall repay said overpayment within thirty (30) calendar days without prior notification from The Trust. XIX. Records, reports, audits and monitoring A. 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 three 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 Provider is a municipality, county government, dependent or independent special taxing district, government contractor, or other government entity, Provider must retain all such records for not less than five years beyond the last date that all applicable terms of this Contract has 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. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 18 B. Financial audit Within 180 days of the close of its fiscal year, Provider agrees to submit to The Trust a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s), for each year during which this Contract remains in force and until all funds expended from this Contract have been audited if requested by Trust. 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. The fiscal audit must also be conducted consistent with the United States Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act, Florida Statutes 215.97, as applicable. For audits conducted under the Office of Management and Budget Circular A- 133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act, Provider must also submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan when the schedule of findings and questioned costs prepared by the independent auditor discloses audit findings relating to this contract. In the event that the independent auditor does not disclose audit findings relating to this Contract, Provider shall provide written notification to The 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 Trust provided. Audit extensions may be granted in writing by the Program Coordinator after proper approval has been obtained from Finance Accounting upon receipt in writing of such request with appropriate justification by the Provider. C. Access to records: audit The Trust reserves the right to require Provider to submit to an audit by an auditor of The Trust's choosing. 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 Trust to insure compliance with applicable accounting and financial standards, including access by the Trust or its designee to Provider's independent auditor's working papers for complying with federal, state or local requirements. D. Informed consent Provider agrees that anyone who receives Services paid for by this Contract shall be informed of procedures to gather follow-up information on participants after services. Participants shall be asked to consent, voluntarily, to being contacted for this information. Participants shall be asked to sign a consent form, which allows for follow-up contact by The Trust or its designee. The form included as Attachment C, available in English, Spanish, and Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 19 Creole, shall be used for this purpose. Forms will be submitted to the Program Coordinator, with a copy filed in the participant's record. The form must also indicate non-consent when that is the participant's response. The Provider agrees to ensure that each participant's contact information is current and updated upon exiting the program. E. Programmatic Data reporting Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Trust and described in Attachment D, Programmatic Data Reporting Requirements. In addition, Provider agrees to furnish The Trust with quarterly program narrative reports in the format to be specified by The Trust. Provider agrees to comply with the ITN (#2006-23) requirement to engage in a process of evaluation that identifies and reports the relationship between program efforts and desired and actual results. F. Monitoring: management evaluation and performance review. Provider agrees to permit The Trust personnel or contracted agents to perform random unscheduled monitoring, reviews and evaluations of the program which is the subject of this Contract using The Trust approved monitoring tools. The Trust shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the Contract. Provider shall permit The Trust to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other techniques deemed reasonably necessary in the Trust's sole discretion to fulfill the monitoring function. A report of The Trust's findings will be delivered to Provider and Provider will rectify all deficiencies cited within the period of time specified in the report. If such deficiencies are not corrected within the specified time, The Trust may terminate this Contract. The Trust shall conduct one or more formal management evaluation and performance reviews of the Provider. Monitoring Reports and supporting documentation may be shared with other funding sources. Continuation of this Contract or future funding is dependent upon satisfactory evaluation findings. Furthermore, the findings of monitoring reports, responsiveness to corrective action, the satisfactory performance of the requirements of this Contract and the timely receipt of requested information shall be considered factors in evaluating future funding requests. G. Client records 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. 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 Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 20 applicable state and federal laws on privacy and confidentiality. H. Internal documentation Provider agrees to maintain the following, as applicable: (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 (3) daily activity logs and monthly calendars of services provision (4) training modules, (5) pre and post session questionnaires, (6) participant consent and information release forms, (7) agency policies and procedures (8) such other information related to Service provision as described in Attachment A, as requested by The Trust. I. Units of service If applicable, Provider agrees to document and maintain a permanent record of beginning and ending service time and date of service for all units of service(s). 7. Revenue maximization documentation Provider agrees to comply with any and all reporting and documentation required by federal, state and other funding sources. XX. Confidentiality Provider and The 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, or to any employee or contractor who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this agreement 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. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. This provision shall have no efFect on the Provider's responsibility to comply with the Public Records laws of the State of Florida. XXI. 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. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 21 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 Provider employees. XXII. Publicity A. Publicity It is understood and agreed between the Parties that as it relates to the funds being provided pursuant to this Agreement, Provider is funded by The Trust. Further, by the acceptance of these funds, Provider agrees that events funded by this Contract shall recognize The Trust as a funding source. Provider shall ensure that all publicity, public relations, advertisements and signs recognize The Trust for the support of all contracted activities. The use of the official The Trust logo is permissible. Provider shall ensure that all media representatives, when inquiring about the activities funded by this Contract, are informed that The Trust is its funding source. Provider shall distribute a press release announcing that it has been awarded funding by The Children's Trust. B. Publications Provider agrees to supply The 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 Trust. Provider agrees that The Trust will have unlimited use of copyrighted materials developed under this Contract. Providers 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, websites or any other materials for dissemination to the media or general public: English: City of Miami Gardens is funded by The Children's Trust. The 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 Miami Gardens esta financiado por EI Fidecomiso de los Ninos (The Children's Trust). EI Fidecomiso de los Ninos es una fuente de financiacion, creada por los votantes en referendum para mejorar las vidas de los ninos y las familias de el Condado de Miami-Dade. Creole: City of Miami Gardens finanse pa "The Children's Trust". Trust la, ce yon sous lajan ke gouvenman amerikin vote an referandom pou ke' li investi bien nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Miami Dade. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 22 XXIII. Miscellaneous A. Modifications and change orders 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 and attached to the original of this Contract. The Trust and Provider mutually agree that modification of the scope of Service, schedule of payments, billing and payment procedures, set forth herein and other such revisions may be negotiated as a written amendment to this Contract between the Parties. The Trust's CEO is authorized to make modifications to this Contract as described herein on behalf of The Trust. B. Subcontractors and assignments The parties agree that no assignment or subcontract will be made or let in connection with this Contract without the prior written approval of The Trust, which shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. C. Contract guidelines This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami-Dade County, Florida. D. 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. E. Totality of contract/severability of provisions This Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services and Evaluation Measures Attachment B: Budget Attachment C: Consent Forms (English, Spanish, Creole) Attachment D: Programmatic Data Reporting Requirements/Work Plan 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 Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 23 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. XXIV. Contract number This Contract is assigned as contract number 725-301 The parties have caused this Contract, including Attachments A, B, C, and D to be executed by their respective and duly authorized officers as of the day and year first above written. City of Miami Gardens By: (Signature of Authorized Representative) Type or Print Name Date: By: (Signature of Authorized Representative) Type or Print Name Date: By: (Signature of Authorized Representative) Type or Print Name Date: Approved as to form and legal sufficiency: Date: County Attorney The Children's Trust MIAMI-DADE COUNTY, FLORIDA By: Modesto E. Abety, President/CEO Date: This contract is not valid until it has been signed by both parties. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 24 ATTAC H M E NT A: SCOPE of SERVICES Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 25 Attachment A SCOPE OF SERVICES Agency name: Program name: Contract #: Contract Amount: 1. Program Intent: City of Miami Gardens Miami Gardens/Opa-locka/Carol City Child Murder and Youth Violence Prevention Initiative 725-301 $750,000.00 ($53,009.00-Informed Families; $696,991.00- City of Miami Gardens) This program will use community-based solutions to reduce violence and to stop child and youth murder in the Area 1: Miami Gardens, Opa Locka, Carol City. area(s) in which violence and other negative societal indicators have correlated throughout this year and in historical periods of violence. This will be accomplished by the organization of a group of agencies and individual partners from a variety of disciplines and backgrounds to develop and support this initiative. 2. Target Population: This program will provide direct services to: 0 Children between the ages of 0-5 years of age 4095 Children between the ages of 6-12 years of age 474 Children between the ages of 13-18 years of age 200 Parents/Caregivers of the target area families Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 26 3. Service Delive Activities & Out uts : ~ ~ ~ ~ ~ ~. , ~~~~~~~~ .. ~ 3 ~ ~. \ \ ~ ~ " ~ : ~ _ ~:. , a `:~ y ~ : A ~, F ~~~ 3?` ~ ~ ~. . . ~ \ : ~ ~. ~ . ~ @~~ ~ ~ ~ ~ ~ ~~ ~. , ~ ..; .. ... ~ .. :.' ... . _ . ... ..• ,... . ...~.;. . : ~ _.:: \ : : r ~. ~ "' ~ . ..~... . . \\''~'i . . . ~ ~ . ...: v~ ....~.: ~ ~ '.~C~ ...~. . .. . Street Patrol Outreach 2000 Community Members ]2 Patrols (1 per month) Problem-Oriented Policing (P.O.P) 2000 Community Members 12 Sessions (1 per month) Parenting sessions 15 Adult/Parents 6 Sessions (per year) Brief Strategic Family Therapy 20 Families 20 Sessions (per year) Community Forums (Open Mic) 2000 Adults 12 Workshops (1 per month) OJT Program 50 Youth/Adults Ages 16-22 1-Cycle (6 Week Session) Mentorship program 150 children 6 mentor training sessions School Suspension Program 85 students 180 days School Intervention 85 students 180 Days Community Action Teams (CATs) 50 Participants in Focus 5 Focus Groups sessions (per year) Provider shall report output data in The Children's Trust identified electronic data collection tool in a basis as outlined in Attachment D of this contract. As applicable, Provider shall report in narrative form, the reasons for non-acceptance into the program, dropping out and failures to achieve outputs, as well as describing any factors that effected provision of services. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 2~ 4. Service Locations: Miami Douglas MacArthur North 3300 NW 27`h Avenue Hialeah, FL 33018 American SHS 18350 NW 67th Avenue Miami, FL 33015 Bunche Park Elementary 16001 Bunche Park Drive Miami Gardens, FL 33054 (near NW 27"d Avenue) Myrtle Grove Elementary 3125 NW 176th Street Miami Gardens, FL 33055 Carol City Middle 3737 NW 188th Street Miami Gardens, FL 33056 Norland Middle 1235 NW 192"d Terrace, Miami Gardens, FL 33169 Lake Stevens Middle School 18484 NW 48th Place Miami, FL 33055 10th Grade Only Miami Carol City High School 3422 NW 187th St Opa-locka, FL 33056 Teen Up-Ward Bound, Inc 1010 Ali BaBa Avenue Opa-locka, FL 33054 The Portrait of Empowerment 780 Fisherman Street, Suite 328 Opa-locka, FL 33054 City of Opa-Locka Parks & Recreation 777 Sharazad Blvd. Opalocka, 33054 Peace Be Still Youth Development Center 13180 Port Said Road Opa-Locka, FL 33054 Contract Number: 725-301 Resolution Number: 2006-172 Hialeah-Miami Lakes SHS 7977 West 12th Ave Hialeah, FL 33014 Miami Carol City High School 3422 NW 187th St Opa-locka, FL 33056 Opa-locka Elementary 600 Ahmad Street Opa-Locka, FL 33054 (near NW 29th Ave/NW 144th St Norland Elementary 19340 N W 8th Cou rt, Miami, FL 33169 Lake Stevens Middle 18484 NW 48th Place Miami, FL 33055 Parkway Middle 2349 NW 175th Street Miami Gardens, FL 33056 Carol City Middle 3737 NW 188th Street Miami Gardens, FL 33056 Youth Co-Op, Inc Employment Asst, Center 780 Fisherman Street Opa-Locka, FL 33054 Opa-Locka Police Youth Academy (DJJ) 2105 Ali BaBa Ave Opa-Locka, FL 33054 Opa-Locka Crime Prevention 390 Bahman Ave Opa-Locka, FL 33054 City of Miami Gardens 28 5. Performance Measures: Provider shall ensure pre and post testing is administered at the appropriate times using the approved tools, as described above and in the Matrices, (Appendix 1). Failure to conduct pre and post testing and/or subsequent outcome data reports will lead to a program improvement plan, and possible moratorium on TCT funding. Provider shall measure outcome achievement and report on a basis as outlined in Attachment D of this contract. As applicable, Provider shall report in narrative form, the reasons for non-acceptance into the program, dropping out a failure to achieve outcomes, as well as describing any factors that effected outcome achievement or measurement during the quarter. All contracted staff working in the program must comply with background screening and fingerprinting requirements, in accordance with Florida Statues Chapter 435 and Miami- Dade County Background screening requirements, as applicable. Providers must maintain staff personnel files which reflect that a screening result of ~~no findings" was received. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 29 The Provider shall adhere to the following three (3) performance based outcome measures 6. Staff Qualifications: ATTAC H M E N T B: BUDGET Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 30 ATTAC H M E NT C: CONSENT TO CONTACT FORM (English, Spanish, Creole) Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 31 The Children'sTrust Dedrca~edFOimpvnrgfheG.vofchi/denmMf 7irsinMami-DadeCanry First Day ,Year. MI The Children's Trust provides funding for the above program and is interested in input from participating families. This form allows The Children's Trust to contact you to ask your opinions about the services you and/or your child received. The Children's Trust will keep all information regarding your child confidential and private. Your feedback will only be used to improve services. CHECK "Yes" if vou aaree to be contacted and siqn below: YES, The Children's Trust may contact me regarding my participation and satisfaction with the program listed above. Name: Address: City , State Zip Code Home Phone: - - Cell Phone: - Work Phone: - - Beeper#: - Email Address: Apt.# Check here if you want to be added to The Children's Trust parent mailing list to receive information regarding child and youth issues, parenting, and other topics. CHECK "No" if vou do not want to be contacted and siqn below: AGENCY/CONTRACT: PROGRAM NAME: CHILD'S NAME: Last CHILD'S DATE OF BIRTH: Month Permission for Contact NO, I do not want The Children's Trust to contact me for my input or opinions. ParenUGuardian's Name: La PLEASE PRINT First MI Signature: Date: If you have questions about this form or are interested in more information about the information being collected by The Children's Trust, please contact Dr. Lori Hanson, Director of Research and Evaluation, at 305-571-5700. Revised 10/04/2004 AGENCIA/CONTRATO: NOMBRE DEL PROGRAMA: NOMBRE DEL NINO: Apellido ,Nombre_ The Children'sTrust FECHA DE NACIMIENTO: Mes: Dia ,Ano Dee,mnd ro/mpwvirg rhe l~ws ofch;lMw, nndfmn;/ies mMimnl-a~de v~nry Permiso para ser contactado EI Fidecomiso de los Ninos financia el programa arriba mencionado y esta interesado en la opinion de las familias participantes. Esta forma permite al Fidecomiso de los Ninos a contactarlo/a a usted para preguntar sus opiniones acerca de los servicios que usted o su hijo/a recibieron. EI Fidecomiso de los Ninos guardara privada y confidencialmente toda la informacion referente a su nino/a. Su opinion solamente sera usada para mejorar los servicios. MARQUE "Si" si usted esta de acuerdo en ser contactado v firme despues: SI, EI Fidecomiso de los Ninos puede contactarme en relacion a mi participacion y satisfaccion con el programa mencionado a continuacion. Nombre: Direccion: Ciudad: Telefono de la casa: Telefono del trabajo: -. Estado: ,Codigo: Telefono Celular: Beeper#: Apt.#. Direccion de Correo electronico: Marque aqui si usted desa ser incluido en la lista de correo del Fidecomiso de Los Ninos para recibir informacion referente a temas de los ninos y de los jovenes, temas de los padres y otros topicos. MARQUE "No" si usted no desea ser contactado v firme despues: NO, Yo no quiero ser contactado/a por EI Fidecomiso de los Ninos para obtener mis opiniones. Nombre del Padre/Guardian: Apellido: Firma: Escriba en letra de Imprenta Fecha: Si usted tiene preguntas acerca de esta forma o esta interesado en conocer mas acerca de la informacion que es colectada por EI Fidecomiso de los Ninos, por favor Ilame a la doctora Lori Hanson, Directora de Investigacion y Evaluacion, al telefono 305-571-5700. Revisado 10/04/04 Nombre: The Children'sTrust OGANIZASYON/# KONTRA: NON PWOGRAM : NON TI MOUN: Signati ,Prenon MI FET TI MOUN NAN: Mwa Jou ,Ane a~e~edin~mp~unnyrheu~~rso/cn~ie mdf ivM,a,~,~-Da~towry Pemisyon pou Kontak "The Children's Trust" bay lajan pou pwogram ki ekri an le-a, pou tet sa li ta rinmin genyin infomasyon sou fanmi kap patisipe nan li. Fdm si la ap pemet "The Children's Trust" pran kontak avek-ou pou yo ka mande-w sa-w panse de sevis pitit ou oswa ou menm resevwa de yo. "The Children's Trust" ap kimbe tout infomasyon sa yo sekre. Nap itilize opinion-w selman pou nou ka fe sevis nou yo vin pi bon. CHEKE "Yes" si ou dako pou vo kontakte-w e pi siven an ba pai la OUI (YES), "The Children's Trust" kapab kontakte mwen konsenan patisipasyon mwen e pi satisfaksyon mwen avek pwogram si la. Non: Adres: Vil Telefon: - - Telefon: - - Adres Imail: Eta Potatif: - Apt.#. Zip Kod Bipe#: - - Cheke isit si ou vle "The Children's Trust" mete non-w sou lis adres paran pou ka resevwa infomasyon sou pwoblem ti moun ak la genes, pwoblem paran ak lot sije. CHEKE "No" si ou pa vle vo kontakte-w e pi siven an ba pai la: NO, mwen pa vle "The Children's Trust" kontakte mwen pou pose'm kesyon Paran/Non Gadien: Signati Signati: SOUPLE AN GROS LET Prenon MI Date: Pou plis infomasyon sou fom sa-a osinon si ou ta rinmin ginyin plis infomasyon sou sije a, souple rele Dr. Lori Hanson, Direkte Recheh ak Evaluasyon, nan (305) 571-5700 Revised 10/04/2004 Attachment D Programmatic Data Reporting Requirements The Provider shall submit to The Children's Trust and keep current: agency, program and service activity descriptions; individual participant demographics and attendance; additional output information; and outcome data, as noted in the Scope of Service (Attachment A). Reporting will include standard paper reports, as noted below. Electronic Reporting-TBD (If Applicable~ The Children's Trust reserves the right to require electronic reporting on all programmatic data submitted by the provider, in a manner to be determined by The Children's Trust. Paper Reporting-Excel and Word Documents -~ Invoices/Payment Requests (using standard Excel spreadsheet format provided by The Trust)-due monthly by the 15th of each month for the previous month -~ Quarterly Program Narrative Report (using standard Word document format provided by The Trust) captures a BRIEF report of successes, challenges and supports needed-due quarterly by the 15th of the month following the end of the quarter Demoq.raphics required for child/parent participants with 3 or more contacts: ^ Is participant a parent? (yes/no) ^ Name (last, first, middle initial) ^ Street Address, City, and Zip Code ^ Other contact information (if applicable): Phone Numbers, Email ^ Child's Social Security #(n/a for parents) ^ Gender (male, female) ^ Date of Birth ^ Preferred Language (primary spoken in home) (English, Creole, Spanish, Other) ^ Education Level (highest grade level completed) ^ Race (American Indian/Alaskan Native, Asian, Black/African American, Pacific Islander, White, Other) ^ Ethnicity (Non-Hispanic, Hispanic/Cuban, Hispanic/Puerto Rican, Hispanic/Mexican, Hispanic/Other, Haitian, Other Caribbean Islander, Other) ^ If child has a disability, what type? (Emotional, Behavioral, Learning, Sensory, Physical, Profound)-yes/no for each ^ Child's Current School (n/a for parents) ^ Child's Current Grade Level (n/a for parents) ^ Child's Miami-Dade County Public Schools ID Number (n/a for parents) ^ Did parent sign The Children's Trust consent forms (permission for follow-up contact, photography release, etc.) (yes/no for each) Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 35 SCHEDULE OF REPORTS AND BILLING DEADLINES Required Repori~ Reporting Frequency Due Date Invoice/Request for Payment (Excel) Monthly By 15th of each month for the previous month Outcomes Measurement and Results Monthly TBD (EXC21) (If Applicable) The Children's Trust identified Monthly electronic data collection tool for Electronic Reporting of TBD Demographics, Attendance, and other (If Applicable) outputs Quarterly Program Narrative Report Quarterly For February, March (Word) and April, due May 15th For May, June and July, due August 15th For August, September and October, due November 15th For November, December and January, due February 15tn Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 36 ~ d ~~~. ~ ~ ~ ~ °~ ~ yy ~ ~ ~ .- ~ ~ ~ ~ ~~ ~ ~ L (~ ~ ~ ~ L ~ U ' ~ 11 ~ i~„ ~ a v~ °~ a`~ ° c o ,~ ~~ ~° o~ a~ ~ a . ~ ~ ~ E a Q > ~ ~u Q a~ ~ E `, ~~~ Q ' OC7 cnU z z C7 ~a o z m c~n~i H mc~n~ z ~ O L ~ ~ ~ = C C ~ C C ~ ~ ~y a ~ ~ 'p "0 ~ 3 ~p •~ ~ O N '~ O ~ N ~ ~ ~.C~ . ~ ~ o ~ 0 ~ ~ v ~a~'i ~ a~'i ~ ~ ~ ~ ~ ~ ' °~ a~ +~ a~ a-' a; a °; ~ ~ ' ~ ~ ~ ~ r~ r~ ~ m r~ Q ~° ~ ~ ~ ~ ~ ~ -a . ~~ ' E ~ ~ E E ~ E E M a~. ~~. ~. 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L (O ~ ~ L '_ (p Q ~ ~ U (O ~0 p ~ Q U Ql 01 L L L ~N CL ~1 ~ > N~ pl L~ ~ (a `~ ~4- X C C O~ ~ Z Q O~ ~~(n W W W(D U i--~ Y V O 3 _ ~ ~ > ~ C d ~ ~ ~ H ~ ~ V ~ _ ~ ~ ~ 0 V ~ 3 0 ~~ ~ M ~ L ~ U .~ to ~ 0 ~ ~ U ~ O M Ln N ~ N ~ ,--~ ~D O O N ~ ~ ~ ~ z ~ ~ 7 O ~ 41 ~ ~ ~ ~ ~ ~ z U ro C O U ~ ~ c a' c °1 o °; ~ o a; ~ ^ ~ ~° N m -° -~ 0 0 ~ m cy!) ~ m° ~ ~ ~ ~ ~ ~ ~ ~ ~ U N O N ,O L ri ~ ,1 (n ~ N ~ N ~ ~ ~ N ~ (0 L ~ ~ U ~ ~ L ~ ~ ~ ~ ~ ~ ~C C~ ~ C C ~ ~ ~ C ~ ~ L C C ~ 1--1 1--1 ~..! ~ ~ ~ ~ ~ ~ J._~ ~J 0 ~ ~ ~ 1--1 1--1 ` U C -p N ~ ~ ~ ~ ~ a o ~O ~ ~ Oa ~ ~a .c ~ `. a u ~ ~, a~ a' ~ ~ c ~ ~ L ,~ U ~ j O .O ~ cn O a. a 3 -~ m -~ ~ fl. ~ U O E ~ c7 ii .n +~ ~ ~ ~ N N ~ N N L i ~ ~ ~O l0 ~ ,--i .--i N ~ C O O ~ O O ~ O O i N N ~ ~ O U ~ ~-~+ ~-T+ 7 O ~C C 'L 7 7 (0 y~ E ~ > u E ~ ~ n ~ ~ U U ~~ ~+' o ? ~ U ~ ~ i L ~ ~ ~ L L O~ ~ +~ MEMORANDUM OF UNDERSTANDING BETWEEN AND City of Miami Gardens FOR Child Murder and Youth Violence Prevention Initiative This Contract, made this day of , 2007, by and between the City of Miami Gardens, located at 1515 NW 167 Street, Building 5, Suite 200, Miami, Florida, 33169 (hereafter referred to as "the City") and , located at (hereafter referred to as the "Partner') (jointly referred to as "The Parties") state, conditions and covenants for the rendering of services to children and families (hereafter referred to as "Services") to satisfy The Children's Trust Child Murder and Youth Violence Prevention Initiative Contract Number 725-301. WHEREAS, the City of Miami Gardens formed a collaboration with agencies and organizations within the Miami Gardens and Opa-Locka communities to develop a comprehensive program to address the problems outlined in The Children's TrusYs Child Murder and Youth Violence Prevention Initiative; and WHEREAS, the City was awarded funding from The Children's Trust ("Children's Trust Funds") to serve as the lead agent for this collaboration; and WHEREAS, the Partner agrees to provide the Services set forth in the grant proposal to The Children's Trust; and WHEREAS, The Children's Trust has appropriated funds for the proposed Services, NOW, Therefore, in consideration of the mutual covenants recorded herein, the parties agree as follows: I. Scope of services The Partner agrees to render Services in accordance with the scope of services and evaluation measures incorporated and attached hereto as Attachments A(the "Services"). The Provider will implement the Services in a manner deemed satisfactory to The Children's Trust and the City. Any modification or amendment to the Services shall not be effective without prior written approval by The TrusYs Chief Executive Officer (hereinafter referred to as CEO) and the City. The amended scope of services, subject to approval, must be submitted sixty (90) days prior to the expiration of the Contract. Provider agrees that all funding provided, pursuant to this Contract will be used exclusively for Services in and for the benefit of Miami-Dade County residents. II. Adherence to request for proposal A. Adherence to Funding Proposal and Obligation to Provide Services Partner agrees to comply with the standards and requirements established under The Children's TrusYs Request for Proposal (RFP) and/or Invitation To Negotiate (ITN) document and the City's Response thereto, which is incorporated by reference as if set Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 1 forth in its entirety herein. Where any terms or conditions provided for under the (RFP), the ITN, or the City's response thereto, conflict with the terms and conditions in this MOU and/or its attachments, the language of the RFP, the ITN and the City's Response thereto shall control. III. Effective term A. Initial Contract Period The Parties agree that the initial effective term of this Contract shall be from , 2007 to January 31, 2008. B. CONTRACT RENEWAL OPTIONS This Contract may be renewed for a term equal to the term of the initial contract for up to three years. Exercise of the renewal option is at the sole discretion of The City and shall be contingent upon but not limited to the following: 1. The City's receipt of additional funding from The Trust; 2. Continued demonstrated and documented need for the Services or priority area of funding; 3. Program performance by the Provider that is deemed satisfactory in The City's sole discretion; and 4. The City will use iYs best efforts to notify Providers of its intent to renew the contract, at least 60 days before the Contract period expires. Contract renewal amounts will be negotiated and approved in writing at least 30 days prior to contract renewal. , Deleted: ¶ Amountpay_able _ .~ Subject to available funds, the maximum amount payable for Services rendered under this MOU shall not exceed $ . The Parties agree that should available funding to The Children's Trust be reduced: A) the amount payable under this MOU may be proportionately reduced at the sole option of the City with a proportionate reduction in the Services; or B) this MOU may be terminated at the sole option of the City. Should funding to the Children's Trust cease or be reduced this MOU may be terminated at the sole discretion and option of the City. IV. Funding terms and conditions A. Cost Reimbursement The Parties agree that this is a cost reimbursement MOU, and the partner will be paid based on actual expenditures. Partner will submit a monthly expenditure report in accordance with the approved budget as set forth in Attachment B, and units served information as prescribed by The Children's Trust. The Children's Trust and the City reserves the right to review the actual demographic and attendance records on a quarterly basis to ensure that the minimum units served are in compliance. If the Partner fails to serve the number of units in accordance with the MOU, the City may amend the MOU to reduce the amount of dollars representing the number of units not provided. The Trust reserves the right to request any supporting documentation. Partner's failure to provide supporting documentation at the City's sole discretion is deemed a material breach under paragraph XV of this Contract. B. Administrative costs In no event shall The Children's Trust or the City fund indirect administrative costs in excess of ten (10%) percent of the total budgeted expenses requested to be funded. ff Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 2 the budget includes a line item for indirect administrative costs, then the Partner must support such expenditure with documentation deemed acceptable by The Children's Trust and the City. C. Budget revisions The Partner is authorized to shift up to 10% of an existing approved budget line item with prior written approval from the City and the Children's Trust. The Partner shall submit a revised budget to the Program Coordinator prior to a submission of an invoice. The Partner is authorized to have up to two (2) budget revisions for the Contract period. All budget modifications will require a prior written approval from the Program Coordinator and /or his/her designee. A final budget revision must be submitted sixty (90) days prior to the expiration of the Contract. No budget revision may exceed the maximum contracted amount. Budget Revisions and/or Budget amendments shall replace Attachment B as Attachment B-1 or B-2, a copy of which will be attached and incorporated by reference as if fully set forth herein. D. Assignments and Subcontracts The Partner shall neither assign the responsibility of this MOU to another party nor subcontract any of the Services contemplated under this MOU without prior written approval of the City and the Children's Trust. E. Access to records prior to funding At the option of The Children's Trust and/or the City, upon demand and/or within thirty (30) days prior to funding any program or service, the Provider shall allow The Trust and/or the City to evaluate Partner's fiscal and personnel systems in order to be assured of Partner's capability to manage the program or programs funded by this MOU. The City shall not disburse any funds until it is allowed to evaluate Partner's fiscal and management systems. Failure to allow such evaluation may result in termination of this MOU. The Children's Trust or the City reserves the right to evaluate the Partner's fiscal and personnel systems at any reasonable time throughout the course of this MOU. F. Prohibitions and limitations on use of funds 1. Payment is limited to contracted services Partner shall use funds provided under this MOU solely for the provision of Services described in Attachment A. The Partner shall not use funds provided under this MOU to support other programs or services provided by Partner under a different contract. Neither shall the Partner carry over the funds provided under this MOU to a new contract or amendment without the express written approval of the City and the Children's Trust. Services funded under this MOU shall only be in addition to services already provided without assistance under this MOU. 2. No supplanting of existing public funds The Children's Trust funding may not be used by local or state govemment agencies to replace funding previously provided by those local and state funding sources for the same program purpose. Such government agencies must certify that they have maintained their previous funding level when applying for additional funding from The Children's Trust. Violation of this section shall be considered a breach of this MOU. 3. Double payments Partner costs or eamings claimed under this MOU may not also be claimed under another contract or grant from The Children's Trust or any other agency. Any claim Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 3 for double payment by Partner shall be considered a material breach under paragraph XV of this MOU. 4. Use of cost allocation methodology Partner attests to the City that no other reimbursement is available or used for invoiced Services unless expressly authorized in writing by the Ciry. Partner shail keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any cfient or other third party, for any Service covered by this MOU, and shall make all such records available to The Trust or the City upon request. Partner shall report such fees; reimbursement, compensation or funding to the City for such payments received which will be deducted from Partner's invoices. 5. Religious purposes The Children's Trust funds shall not be used for purposes of religious proselytizing. 6. Lobbying The Partner shall not use any funds provided under this MOU for lobbying federal, state or local legislators. Violations of this section shall be considered a material breach under paragraph XV of this MOU. 7. Adverse action or proceeding Partner shall not utilize the funds provided under this MOU 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, the Ciry or any of their respective agents, employees or officials. The Partner shall not utilize the funds provided under this MOU or any other The Children's Trust funds to provide legal representation, advice or counsel to any person in any action or proceeding against The Children's Trust, the City or any of its agents, employees or officials. 8. Capital equipment To define capital equipment, the Children's Trust utilizes the definition of "property" as outlined by the Florida Statutes, Chapter 274, as individual items with a value of $1,000 or greater which have a life expectancy of more than one year. Capital equipment purchased by the Partner using The Children's Trust funds are assets of The Children's Trust, are intended for The Children's Trust funded programs, considered to be owned by The Children's Trust and must be tagged at the time of purchase as an asset of The Children's Trust. The Ciry will work with the Partner to tag the asset and to receive all information regarding the equipment. The Partner must maintain a record of the capital equipment purchased with funds provided by The Children's Trust. When the Partner is no longer funded by the Children's Trust, the equipment will be retumed to The Children's Trust for use by another funded program unless it is fully depreciated. The Partner must initiate retum of such capital equipment to the Program Coordinator. Ownership of capital equipment will be transferred to the Partner and removed from The Children's TrusYs fixed asset system provided that the capital equipment is fully depreciated and in the possession of the Partner. VI. Representations and acknowledgments A. Appropriate staff Partner represents that all persons delivering the Services required by this MOU have the knowledge and skills, either by training, experience, education, or a combination Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 4 thereof, to adequately and competently perForm the duties, obligations, and services set forth in the scope of Services (Attachment A) and to provide and perform such Services to The TrusYs and the Ciry's satisfaction. Partner further represents that all persons delivering Services required by this MOU have compiied with all state and federal requirements, including but not limited to Level I and Level II background screening requirements. Partner certifies that all such individuals are qualified and approved for providing Services herein. B. Best practices Partner shall perform its duties, obligations, and Services under this MOU in a skillful and respectFul manner. The quality of Partner's performance and all interim and final product(s) provided to or on behalf of The Children's Trust and the City shall be comparable to local, state and national best practice standards. C. Children with disabilities and their families Partner understands that The City and the Children's Trust expects all Partners to meet the federal standards under the Americans With Disabilities Act. By policy of The Children's Trust, partners must also implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. D. Other acknowledgments Partner acknowledges that its perFormance under this MOU (included, but not limited to, findings of monitoring reports, responsiveness to improvement plans, timely receipt of required and requested information, and overall satisfactory performance) shall be taken into consideration by The Children's Trust and the City when evaluating any future funding requests by Partner. VII. Indemnification by Partner A. For Partners subject to Florida Statute Sec. 768.28 Subject to the limitations and sovereign immunity provisions of Florida Statute Sec. 768.28, each party shall indemnify and hold harmless the other party and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attomeys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this MOU by the Partner or its employees, agents, servants, partners, principals or subcontractors. Partner shall also indemnify and hold harmless the Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this MOU by the Partner or its employees, agents, servants, partners, principals or subcontractors Subject to the limitations and sovereign immunity provisions of Florida Statutes, Sec. 768.28, each party shall pay all claims and losses in connection therewith and shall investigate and defend all ctaims, suits or actions of any kind or nature in the name of the Ciry and/or The Children's Trust, where~pplicable, including appellate proceedings,_ _, _- ueieted: J and shall pay all costs, judgments, and attomey's fees which may issue thereon. The provisions of this section on indemnification shall survive the expiration or Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 5 termination of this MOU. VIII. Ownership and indemnification of intellectual property rights A. Ownership of intellectual property rights The Children's Trust retains sole ownership of intellectual property developed under this MOU. Any data, reports, drawings, documents or other information provided by Partner to The Children's Trust by way of the City during the performance of Services under this MOU and any reports, drawings or other writings based entirely on The Children's TrusYs disclosures and created as part of the Services provided under this MOU shall be and remain the sole property of The Children's Trust at all times. However, all such documents shall be considered public document in accordance with Chapter 119, Florida Statutes. Notwithstanding the foregoing, The Children's Trust may access, use, assemble and disseminate such data for reporting compliance and statistical purposes, provided that Partner othervvise complies with the confidentialiry obligations below. B. Licensing of intellectual property rights It is the responsibiliry of the Partner to pay all required licensing fees if intellectual property owned by other parties is incorporated into the services required under this MOU. Such licensing should be in the exclusive name of The Children's Trust. Payment for any such licensing fees or costs arising from the use of others' intellectual property rights must be made by the Partner from funds available under this MOU. The Partner's failure to comply with this paragraph shall be a material breach of this MOU under the provisions of paragraph XV. C. Indemnification Partner shall indemnify and hold harmless The City and the Children's Trust from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the MOU. Partner may not use any design, device, materials or works covered by letters, service mark, and trademark, patent, copyright or any other intellectual property right manufactured or used in the performance of this MOU. It is mutually agreed and understood without exception that such use is outside the scope and terms of this MOU and would be deemed a material breach thereof under the provisions of paragraph XV. IX. Insurance A. Minimum insurance requirements: certificates of insurance The Partner shall fumish to the City, upon execution of the Contract, Certificate (s) of Insurance which indicates that insurance coverage has been obtained which meets the requirements as outlined below including The Children's Trust and the City being named as an additional insured on all policies: 1. Worker's Compensation Insurance for all employees of the Partner as required by Florida Statute 440; 2. Comprehensive general liability insurance in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust and the City must be designated and shown as an additional insured with respect to this coverage; Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 6 3. Automobile liabiliry insurance covering all owned, non-owned and hired vehicles used in connection with the Services provided under the terms of this MOU, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. The Children's Trust and the City must be designated and shown as an additional insured with respect to this coverage. 4. Professional liability insurance with limits no less than $1,000,000 per occurrence The Children's Trust and the City must be designated and shown as an additional insured with respect to this coverage; Evidence of insurance shall be on the original Certificate of Insurance submitted to The Children's Trust and the City prior to commencing services under this MOU. B. Classifications and ratings 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: 1. The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of BesYs Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of The TrusYs Risk Management Division, or 2. 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. C. Modifications and changes All insurance certificates will indicate no modification or change in insurance shall be made without thirty (30) days advance notice to the certificate hofders. CERTIFICATE HOLDER MUST READ: The Children's Trust 4500 Biscayne Blvd., Suite 201 Miami, FL 33137 and City of Miami Gardens 1515 NW 167 Street Miami Gardens, FL 33169 Compliance with the foregoing requirements shall not relieve the Partner of liability and obligation under this section or under any other section of this MOU. D. Duration of insurance Partner sha~l be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period. If insurance certificates are scheduled to expire during the contractual period, the Partner shall be responsible for submitting new or renewed insurance certificates to The Children's Trust and the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall suspend the MOU until such time as the new or renewed certificates are received by The Children's Trust Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 7 and the City in the manner prescribed in the Request for Proposal and/or Invitation to Negotiate; provided, however, that this suspended period does not exceed thirry (30) calendar days. If such suspension exceeds thirry (30) calendars days, the City may, at its sole discretion, terminate this MOU for cause and seek re-procurement damages from the Partner . E. Failure to provide certificates of insurance If Partner fails to furnish the City with certificates or written verification required under this section or as determined by the City after review of the scope of Services (Attachment A), the City shall not disburse any funds until it is provided with the necessary certificates of insurance or written verification. Failure to provide the certificates of insurance or written verification upon execution of this MOU may result in termination of the grant award. X. Conditions of MOU Partner agrees that it has met or will meet all of the following conditions of MOU . Failure to satisfy any of the following conditions of MOU will be deemed a material breach under paragraph XV may result in termination of this MOU. A. Programmatic conditions 1. Licensure Upon execution, if Partner is required by the State of Florida, Miami-Dade County, or a local municipality, to be licensed or certified to provide the services or operate the facilities outlined in the scope of Services (Attachment A), Partner shall keep on file all required current licenses or certificates. Partner shall be responsible for assuring that licenses required by the State of Florida, Miami- Dade Counry, or any local municipality, remain in force and effect for the duration of the contractual period. 2. Fire inspection certificate If Partner is required by the State of Florida, Miami-Dade County or any municipality to have a service site Fire Inspection Certificate, Partner~hall keep ____--~ ~eietea: on file the most recent inspection within ten (10) days of execution of this MOU. 3. Health inspection certificate If Partner is required by the State of Florida, Miami-Dade County or any municipality to have a service site Health Inspection Certificate, Partner shall keep on file the most recent inspection within ten (10) days of execution of this MOU. 4. Employee background screening In accordance with Sections 984.01(2)(a), 985.01(2)(a), and 39.001, Florida Statutes, only employees, volunteers and subcontracted personnel with a satisfactory background check through a screening agency may work in direct contact with children under the age of eighteen. Background screenings must be completed through the Florida Department of Law Enforcement (FDLE), VECHS Program, However, 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 Public School System (MDPS). In addition, an Affidavit of Good Moral Character must be completed and notarized for each employee, volunteer and subcontracted Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 8 personnel upon hiring. b. Per Florida Statue 1012.465, providers employing current School Board employees in possession of a valid School Board ID Badge and updated Level 2 Screening must complete a verification form. Non-School Board employees are required to obtain a Level 2 Screening and a School Board ID Badge before access to school campuses is granted, in the event access to school campuses is incorporated in the Services under this MOU. c. Partner shall retain all records demonstrating compliance with the background screening required herein for not less than three years beyond the last date that all applicable terms of this MOU have been complied with and final payment has been received and appropriate audits have been submitted to and accepted by the appropriate entity. 5. Proof of tax status If Partner is required to file tax retums, Partner is required to keep on file the following documentation for review by The Children's Trust and the City. a. The Intemal Revenue Service (I.R.S.) tax status determination letter; b. The most recent (two years) I.R.S. form 990 within six (6) months after the Partner's fiscal year end or other appropriate annual fiscal filing; c. IRS 941 - quarterly federal tax retum 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. 5. Proof of policies Partner 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. XI. Civil rights and other regulatory compliance A. Non-discrimination and civil rights Programs receiving funding from The Trust shall not discriminate against an employee, volunteer, or client of the Partner 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 client groups as defined in the Request for Proposal (RFP) and/or Invitation To Negotiate (ITN) or response to the RFP and/or ITN. Additionally, Partner 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. Partner 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 2000d, 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. § 12103 et seq., which prohibits discrimination in employment and public accommodations because of disability. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 9 It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Trust shall have the right to terminate this MOU. If Partner or any owner, subsidiary, or other firm affiliated with or related to Partner, is found by the responsible enforcement agency or the courts to be in violation of these laws, the City will conduct no fuRher business with Partner. B. Family medical leave Partner agrees that it is in compliance with the Family Medical Leave Act (28 USC 2601 et. seq. and §11A-29 et. seq. of Miami-Dade County Code) which requires an employer, who in the regular course of business has fifty (50) or more employees worlcing in Miami- Dade County for each working day during each of twenty (20) or more calendar work weeks to provide family medical leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this MOU. C. Domestic violence leave The Partner agrees that it is in compliance with the Domestic Violence Leave, codified as § 11A-60 et. seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami- Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this MOU. D. Florida clean indoor air act Partner agrees that it is in compliance with the Florida Clean Indoor Air Act, §386.201, et. seq., Florida Statutes, which prohibits smoking in enclosed indoor workplaces, including private residences where child care or health care is provided. E. Public entities crime act Partner represents that the execution of this MOU will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, 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 contractor supplier, subcontractor, 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 finro 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 MOU and recovery of all monies paid hereto, and may result in debarment from The Children's TrusYs competitive procurement activities. F. Living wage Partner agrees to comply with Miami-Dade County's Living Wage Ordinance (§2-8, 9 of Miami-Dade County Code) if it has contracted with the Ciry for a sum of $100,000 or more to provide food preparation/distribution, security services, routine maintenance (custodial, cleaning, refuse removal, repair, refinishing, recycling), clerical or other non- supervisory clerical work, transportation and parking service, printing services or landscaping/lawn services. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 10 G. Conflict of interest Partner represents that the execution of this MOU does not violate The Children's Trust Conflict of Interest and State of Florida Code of Ethics, (§112.311, Florida Statutes), as amended, which are incorporated herein by reference as if fully set forth herein. Partner agrees to abide by and be govemed by these conflict of interest laws throughout the course of this MOU and in connection with its obligations hereunder. H. Compliance with Sarbanes-Oxley If Partner is an entity subject to Sarbanes-Oxley, Partner shall comply with the following provisions of the Sarbanes-Oxley Act (SOX) that apply to all corporate entities, including non-profit organizations, as follows: a. It is a crime to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation (SOX, Section 1102, Section 1512 of Title 18, USC). b. It is illegal for any corporate entity to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse (SOX, Section 1107, Section1513 of Title 18, USC). XII. Child abuse and incident reporting A. Child abuse reporting Partner 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 Partner and its employees. B. Incident reporting 6. Injury Partner shall complete an incident report in the event of any serious bodily injury to anyone within the scope of this MOU or arising out of the performance of this MOU. Partner shall provide written notification of the incident together with a copy of the incident report to The Children's Trust and the City within three (3) working days. Partner shall provide written notification to The Children's Trust and the City, within seven (7) days, if any legal action is filed as a result of such an injury. 7. Sexual harassment Partner 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 Partner employee and the Partner has knowledge thereof. Partner shall provide written notification to The Children's Trust and the City within three (3) working days if such an allegation is made. Partner shall provide written notification to The Children's Trust and the Ciry, within seven (7) days, if any legal action is filed as a result of such an alleged incident. 8. Civil rights violation Partner shall provide written notification to The Children's Trust and the City within three (3) days if any complaint or litigation is filed against the Partner or any of its employees alleging a violation of any of the laws listed in Article XI of this MOU. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 11 XIII. Notices It is understood and agreed that all notices pursuant to this MOU shall be in writing and sent by certified mail to the addresses for each Party appearing on page one of the MOU. It is Partner's responsibility to advise The Children's Trust and the City in writing of any changes in name, address and/or telephone number. XIV. Autonomy Both Parties agree that this MOU recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that Partner is only a recipient of funding support and is not an agent or instrumentality of The Children's Trust nor the City, and that Partner's agents and employees are not agents or employees of The Children's Trust nor the City. XV. Breach of contract and remedies A. Breach A material breach by the Partner shall have occurred under this MOU if the Partner: 1. Fails to provide the Services outlined in the scope of services (Attachment A), the Request for Proposal (RFP)/Invitation to Negotiate (ITN) or the response to Request for Proposal (RFP) or Invitation to Negotiate (ITN), whichever is applicable, within the effective term of this MOU; 2. Ineffectively or improperly uses The Children's Trust funds allocated under this MOU; 3. Utilizes The Children's Trust funds for local or state govemment programs that were previously funded by the local or state agency; 4. Does not fumish the certificates of insurance required by this MOU or as determined by The Children's Trust; 5. Does not meet or satisfy the conditions of award required by this MOU; 6. 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; 7. Does not submit or submits incomplete or incorrect required reports pursuant to the scope of Services in this MOU; 8. Refuses to allow The Children's Trust or the City access to records or refuses to allow The Children's Trust or the City to monitor, evaluate and review the Partner's program, including required client data; 9. Does not comply with the civil rights and other regulatory obligations detailed in Article XI; 10. Fails to comply with child abuse and incident reporting requirements; 11. Attempts to meet its obligations under this MOU through fraud, misrepresentation or material misstatement; 12. Fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; 13. Fails to meet the terms and conditions of any obligation or repayment schedule to Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 12 The Trust or any of its agencies; 14. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws, or; 15. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants, contracts and stipulations in this MOU; 16. Fails to comply with Background Screening, Level 2 Waiver of breach of any provisions of this MOU 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 MOU. B. The City's remedies Upon a material breach of this MOU The Children's Trust and the City may pursue any or ail of the following remedies including a combination thereof: The City may terminate this MOU by giving written notice to the Partner of such termination and specifying the effective date thereof at least five (5) business days before the effective date of termination. In the event of termination, the City may: (a) request copies of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Partner with The Children's Trust funds under this MOU; (b) seek reimbursement of The Children's Trust funds ailocated to the Partner under this MOU; (c) at the sole discretion of the City , the City may terminate or cancel any other contracts entered into between the City and the Partner. The Partner shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees, costs, and any judgments entered by a court of appropriate jurisdiction. 2. The City may suspend payment in whole or in part under this MOU by providing written notice to the Partner of such suspension and specifying the effective date thereof, at least five (5) business days before the effective date of suspension. If payments are suspended, the City shall specify in writing the actions that must be taken by the Partner as condition precedent to resumption of payments and shall specify a reasonable date for compliance. At the sole discretion of the City, the City may also suspend any payments in whole or in part under any other contracts entered into between the City and the Partner. The Partner shall be responsible for all direct and indirect costs associated with such suspension, including attomey's fees, costs, and any judgments entered by a court of appropriate jurisdiction. 3. The City may seek enforcement of this MOU including but not limited to filing an action with a court of appropriate jurisdiction. The Partner shall be responsible for all direct and indirect costs associated with such enforcement, including attomey's fees, costs, and any judgments entered by a court of appropriate jurisdiction. 4. The City retains the option, at its sole discretion, to enter into a written performance improvement plan with the Partner to cure any breach of this MOU as may be permissible under state or federal law. Any such remedial plan shall be an addition to this MOU and shall not affect or render void or voidable any other provision contained in this MOU, costs, and any judgments entered by a court of appropriate jurisdiction. 5. Any and all other remedies available at law or equity Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 13 C. City Manager authorized The City Manager is authorized to terminate this MOU on behalf of the City. D. Damages sustained Nofinrithstanding the above, neither party shall be relieved of liability to the other party for damages sustained by the other party by virtue of any breach of the contract. If the Agreement is breached by Partner, the City may withhold any payments to Partner until such time as the exact amount of damages due the City is determined. If the Agreement is breached, either part may pursue any remedies available at law or equity to compensate for any damages sustained by the breach. In any such action, the prevailing party shall be reimbursed for all direct and indirect costs associated with such action including attomey's fees, costs, and any judgments entered by a court of appropriate jurisdiction. XVI. Termination by either party The Parties agree that this MOU may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. The City Manager is authorized to terminate this MOU on behalf of the City. XVII. Termination due to lack of funds The City may terminate this MOU within thirty (30) business days if the City fails to receive funds from the Children's Trust through which this MOU is funded. XVIII. Payment procedures The City agrees to pay Partner for Services rendered under this MOU as outlined in Attachment A and Attachment B. Payment shall be made in accordance with forms found on The Children's TrusYs Funded Programs, (http://www.thechildrenstrust.org/programs.asp) and, if applicable, the Florida Prompt Payment Act. A. Requests for payment The City agrees to pay for expenditures in accordance with the terms outlined in Attachment B, funding terms and conditions. An original invoice, in the format prescribed by The Children's Trust and the City, plus two copies is due on or before the tenth (10 ) day of the month following the month in which expenditures were incurred (exclusive of legal holidays or weekends). The City agrees to reimburse Partner on a monthly billing basis. B. Processing the request for payment In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this MOU and must be submitted on the forms as prescribed by The Children's Trust and the City. Invoices and/or documentation retumed to Partner for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. The City shall pay Partner within thirty (30) calendar days of receipt of Partner's properly submitted invoice and/or other required documentation. C. Final request for payment A final request for payment from the Partner will be accepted by the City up to thirty (30) Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 14 days after the expiration of this MOU. If Partner tails to comply, all rights to payment shall be forfeited. If after receipt of such final report, the City determines that Partner has been paid funds not in accordance with the MOU, and to which it is not entitled, Partner shall retum such funds to the City or submit appropriate documentation to support the expenditure. The City shall have the sole discretion in determining if Partner is entitled to such funds and the City's decision on this matter shall be binding. Additionally, any unexpended or unallocated funds shall be recaptured by The Children's Trust. D. Return of funds In the event that Partner, its independent auditor, The Children's Trust or the City discovers that an overpayment has been made, Partner shall repay said overpayment within fifieen (15) calendar days without prior notification from the City. XIX. Records, reports, audits and monitoring A. Accounting records Partner shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by Partner for not less than three years beyond the last date that all applicable terms of this MOU 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 Partner is a municipality, county govemment, dependent or independent special taxing district, govemment contractor, or other government entity, Partner must retain all such records for not less than five years beyond the last date that all applicable terms of this MOU has 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 MOU 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. B. Financial audit Within 120 days of the close of its fiscal year, Partner agrees to submit to the City a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s), for each year during which this MOU remains in force and until all funds expended from this MOU have been audited if requested by Children's Trust and/or the City. This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Govemment Auditing Standards issued by the Comptroller General of the United States. The fiscal audit must also be conducted consistent with the United States Office of Management and Budget Circular A-133, Audit of States, Local Govemment and Non- Profit Organizations and the Florida Single Audit Act, Florida Statutes 215.97, as applicable. For audits conducted under the O~ce of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act, Provider must also submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan when the schedule of findings and questioned costs prepared by the independent auditor discloses audit findings relating to this MOU. In the event that the independent auditor does not disclose audit findings relating to this MOU, Partner shall provide written notification to the City that an audit of Partner was conducted in accordance with applicable laws and regulations and that the findings and questioned costs disclosed no audit findings related to this MOU; and, that the summary schedule of Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 15 prior audit findings did not report on the status of any audit findings relating to awards that The Trust provided. Audit extensions may be granted in writing by the City Manager after proper approval has been obtained from The Children's TrusYs Finance Accounting upon receipt in writing of such request with appropriate justification by the Partner. C. Access to records: audit The City reserves the right to require Partner to submit to an audit by an auditor of The TrusYs and/or the City's choosing. Partner shall provide access to all of its records which relate to this MOU at its place of business during regular business hours. Partner agrees to provide such assistance as may be necessary to facilitate their review or audit by The Children's Trust or the City to insure compliance with applicable accounting and financial standards, including access by the Children's Trust, the City, or its designee to Partner's independent auditor's working papers for complying with federal, state or local requirements. D. Informed consent Partner agrees that anyone who receives Services paid for by this MOU shall be informed of procedures to gather follow-up information on participants after services. Participants shall be asked to consent, voluntarily, to being contacted for this information. Participants shall be asked to sign a consent form, which allows for follow- up contact by The Children's Trust or its designee. The form included as Attachment C, available in English, Spanish, and Creole, shall be used for this purpose. Forms will be submitted to the City's Program Coordinator, with a copy filed in the participanYs record. The form must also indicate non-consent when that is the participant's response. The Partner agrees to ensure that each participanYs contact information is current and updated upon exiting the program. E. Programmatic Data reporting Partner agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment D, Programmatic Data Reporting Requirements. In addition, Partner agrees to fumish the Ciry with qua~terly program narrative reports in the format to be specified by The Children's Trust. Partner agrees to comply with the ITN (#2006-23) requirement to engage in a process of evaluation that identifies and reports the relationship between program efforts and desired and actual results. F. Monitoring: management evaluation and performance review. Partner agrees to permit The Children's Trust and the City personnel or contracted agents to perform random unscheduled monitoring, reviews and evaluations of the program which is the subject of this MOU using The Children's Trust approved monitoring tools. The City shall monitor both fiscal/administrative and programmatic compliance with all the terms and conditions of the MOU. Partner shall permit The Children's Trust and the City to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other techniques deemed reasonably necessary in the Children's TrusYs and the City's sole discretion to fulfill the monitoring function. A report of the findings will be delivered to Partner and Partner will rectify all deficiencies cited within the period of time specified in the report. If such deficiencies are not corrected within the specified time, the City may terminate this MOU. The Children's Trust or the Ciry shall conduct one or more formal management evaluation and Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 16 performance reviews of the Partner. Monitoring Reports and supporting documentation may be shared with other funding sources. Continuation of this MOU or future funding is dependent upon satisfactory evaluation findings. Furthermore, the findings of monitoring reports, responsiveness to corrective action, the satisfactory performance of the requirements of this MOU and the timely receipt of requested information shall be considered factors in evaluating future funding requests. G. Client records Partner 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 MOU. All such records will be retained by the Partner for not less than five calendar years after the participant is no longer enrolled. Partner agrees to comply with all applicable state and federal laws on privacy and confidentiality. H. Internal documentation Partner agrees to maintain the following, as applicable: (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 (3) daily activity logs and monthly calendars of services provision (4) training modules, (5) pre and post session questionnaires, (6) participant consent and information release forms, (7) agency policies and procedures (8) such other information related to Service provision as described in Attachment A, as requested by The Children's Trust. I. Units of service If applicable, Partner agrees to document and maintain a permanent record of beginning and ending service time and date of service for all units of service(s). J. Revenue maximization documentation Partner agrees to comply with any and all reporting and documentation required by federal, state and other funding sources. XX. Confidentiality Partner and the City 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, or to any employee or contractor who does not have a need to know such information, which need is related to performance of a responsibiliry hereunder. However, this agreement 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 Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 17 without restriction on disclosure, (d) is independently developed by or for that party, (e) is disclosed under operation of law, (~ is disclosed by the receiving party with the other party's prior written approval. The confidentialiry provision of this MOU shall remain in full force and effect after the termination of this MOU. This provision shall have no effect on the Partner's responsibility to comply with the Public Records laws of the State of Florida. XXI. Security obligation Partner shall maintain an appropriate level of data security for the information Partner is collecting or using in the performance of this MOU. This includes, but is not limited to, approving and tracking all Partner employees who request system or information access and ensuring that user access has been removed from all terminated Partner employees. XXII. Publicity A. Publicity It is understood and agreed between the Parties that as it relates to the funds being provided pursuant to this Agreement, Partner is funded by The Children's Trust. Further, by the acceptance of these funds, Partner agrees that events funded by this MOU shall recognize The Children's Trust as a funding source. Partner shall ensure that all publicity, public relations, advertisements and signs recognize The Children's Trust for the support of all contracted activities. The use of the official The Children's Trust logo is permissible. Partner shall ensure that all media representatives, when inquiring about the activities funded by this MOU, are informed that The Children's Trust is its funding source. Partner shall distribute a press release announcing that it has been awarded funding by The Children's Trust. B. Publications Partner agrees to supply and the City, without charge, up to five copies of any publication developed in connection with implementation of programs addressed by this MOU. Such publications will state that the program is supported by The Children's Trust. Partner agrees that The Children's Trust will have unlimited use of copyrighted materials developed under this MOU. Partners 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, websites or any other materials for dissemination to the media or general public: English: is funded by The Children's Trust. The Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County. Spanish: esta financiado por EI Fidecomiso de los Ninos (The Children's Trust). EI Fidecomiso de los Ninos es una fuente de financiacion, creada por los votantes en referendum para mejorar las vidas de los ninos y las familias de el Condado de Miami-Dade. Creole: Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 1$ finanse pa "The Children's TrusY'. Trust la, ce yon sous lajan ke gouvenman amerikin vote an referandom pou ke' li investi bien nan pwogram kap ameliore la Vi Ti Moun ak fanmi yo nan Miami Dade. XXIII. Miscellaneous A. Modifications and change orders Any alterations, variations, modifications, extensions or waivers of provisions of this MOU 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 and attached to the original of this MOU. The City and Partner mutually agree that modification of the scope of Service, schedule of payments, billing and payment procedures, set foRh herein and other such revisions may be negotiated as a written amendment to this MOU between the Parties. The City Manager is authorized to make modifications to this MOU as described herein on behalf of the City. B. Subcontractors and assignments The parties agree that no assignment or subcontract will be made or let in connection with this MOU without the prior written approval of The City and the Children's Trust. C. Contract guidelines This MOU is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this MOU shall be Miami-Dade County, Florida. D. 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 MOU. 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. E. Totality of contract/severability of provisions This MOU with its recitals on the first page of the MOU and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services and Evaluation Measures Attachment B: Budget Attachment C:Consent Forms (English, Spanish, Creole) Attachment D:Programmatic Data Reporting Requirements/Work Plan No other contract, oral or otherwise, regarding the subject matter of this MOU shall be deemed to exist or bind any of the parties hereto. If any provision of this MOU is held invalid or void, the remainder of this MOU shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. The parties have caused this Contract, including Attachments A, B, C, and D to be executed by Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 19 their respective and duly authorized officers as of the day and year first above written. ("Partner") ay: (Signature of Authorized Representative) Type or Print Name Date: By: (Signature of Authorized Representative) Type or Print Name Date: By: (Signature ofAuthorized Representative) Type or Print Name Date: Approved as to form and legal sufficiency: Date: City Attorney The Children's Trust MIAMI-DADE COUNTY, FLORIDA By: (Signature of Authorized Representative) Date: This contract is not valid until it has been signed by both parties. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 2~ ATTACHMENT A: SCOPE of SERVICES Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 21 Attachment A SCOPE OF SERVICES Agency name: Program name: Miami Gardens/Opa-locka/Carol City Child Murder and Youth Violence Prevention Initiative Contract Amount: Program Intent: This program will use community-based solutions to reduce violence and to stop child and youth murder in the Area 1: Miami Gardens, Opa Locka, Carol Ciry. area(s) in which violence and other negative societal indicators have correlated throughout this year and in historical periods of violence. This will be accomplished by the organization of a group of agencies and individual partners from a variety of disciplines and backgrounds to develop and support this initiative. 2. Target Population: This program will provide direct services to: X# Children between the ages of 0-5 years of age X# Children between the ages of 6-12 years of age X# Children between the ages of 13-18 years of age X# Parents/Caregivers of the target area families Partner shall report output data in The Children's Trust identified electronic data collection tool in a basis as outlined in Attachment D of this MOU. As applicable, Partner shall report in narrative form, the reasons for non-acceptance into the program, dropping out and failures to achieve outputs, as well as describing any factors that effected provision of services. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 22 4. Service Locations: [Insert Name of Location (s) and Complete~ 5. Performance Measures: The Partner shall adhere to the following three (3) performance based outcome measures (as further Partner shall measure outcome achievement and report on a basis as outlined in Attachment D of this MOU. As applicable, Partner shall report in narrative form, the reasons for non-acceptance into the program, dropping out a failure to achieve outcomes, as well as describing any factors that effected outcome achievement or measurement during the quarter. 6. Staff Qualifications: All contracted staff working in the program must comply with background screening and fingerprinting requirements, in accordance with Florida Statues Chapter 435 and Miami-Dade County Background screening requirements, as applicable. Partners must maintain staff personnel files which reflect that a screening result of "no findings" was received. Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 23 Partner shall ensure pre and post testing is administered at the appropriate times using the approved tools, as described above and in the Matrices, (Appendix 1). Failure to conduct pre and post testing and/or subsequent outcome data reports will lead to a program improvement plan, and possible moratorium on TCT funding. ATTACHMENT B: BUDGET Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 24 ATTACHMENT C: CONSENT TO CONTACT FORM (English, Spanish, Creole) Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 25 AGENCY/CONTRACT: PROGRAM NAME: CHILD'S NAME: Last ,First MI The Children'sTrust CHILD'S DATE OF BIRTH: Month Day ,Year ~~„~,o.~.~,~,~~,~~,,~,~, ~,~~~, Permission for Contact The Children's Trust provides funding for the above program and is interested in input from participating families. This form allows The Children's Trust to contact you to ask your opinions about the services you and/or your child received. The Children's Trust will keep all information regarding your child confidential and private. Your feedback will only be used to improve services. CHECK "Yes" if vou aqree to be contacted and siqn below: YES, The Children's Trust may contact me regarding my participation and satisfaction with the program listed above. Name: Address: City , State Zip Code Apt.# Home Phone: - - Cell Phone: - - Work Phone: - - Beeper#: - -. Email Address: Check here if you want to be added to The Children's Trust parent mailing list to receive information regarding child and youth issues, parenting, and other topics. CHECK "No" if vou do not want to be contacted and siqn below: NO, I do not want The Children's Trust to contact me for my input or opinions. Parent/Guardian's Name: Last ,First MI_ PLEASE PRINT Signature: Date: If you have questions about this form or are interested in more information about the information being collected by The Children's Trust, please contact Dr. Lori Hanson, Director of Research and Evaluation, at 305-571-5700. Revised 10/04/2004 AGENCIA/CONTRATO: NOMBRE DEL PROGRAMA: NOMBRE DEL NINO: Apellido ,Nombre The Children'sTrust FECHA DE NACIMIENTO: Mes: Dia ,Ano De/imrm ro mµ.owrg MeF:valdv.bmerdlewM1nn.xuru'-qwk (anry Permiso para ser contactado EI Fidecomiso de los Ninos financia el programa arriba mencionado y esta interesado en la opinion de las familias participantes. Esta forma permite al Fidecomiso de los Ninos a contactarlo/a a usted para preguntar sus opiniones acerca de los servicios que usted o su hijo/a recibieron. EI Fidecomiso de los Ninos guardara privada y confidencialmente toda la informacion referente a su nino/a. Su opinion solamente sera usada para mejorar los servicios. MARQUE "Si" si usted esta de acuerdo en ser contactado v frme despues: SI, EI Fidecomiso de los Ninos puede contactarme en relacion a mi participacibn y satisfaccion con el programa mencionado a continuacion. Nombre: Direccion: Ciudad: Telefono de la casa: - Telefono del trabajo: - Direccion de Correo electronico: Estado: ,Codigo: Telefono Celular: Beeper#: Apt.#_ Marque aqui si usted desa ser incluido en la lista de correo del Fidecomiso de Los Ninos para recibir inforrnacion referente a temas de los ninos y de los jovenes, temas de los padres y otros topicos. MARQUE "No" si usted no desea ser contactado v firme despues: NO, Yo no quiero ser contactado/a por EI Fidecomiso de los Ninos para obtener mis opiniones. Nombre del Padre/Guardian: Apellido: ,Nombre: Escriba en letra de Imprenta Firma: Fecha: Si usted tiene preguntas acerca de esta forma o esta interesado en conocer mas acerca de la informacion que es colectada por EI Fidecomiso de los Ninos, por favor Ilame a la doctora Lori Hanson, Directora de Investigacion y Evaluaci6n, al telefono 305-571-5700. Revisado 10/04/04 The Children'sTrust treiarMteir~w~iyrnel~ierAw'MVrad/ '/.vnM.~m-ANecwnry OGANIZASYON/# KONTRA: NON PWOGRAM : NON TI MOUN: Signati ,Prenon MI FET TI MOUN NAN: Mwa Jou ,Ane Pemisyon pou Kontak "The Children's TrusY' bay lajan pou pwogram ki ekri an le-a, pou tet sa li ta rinmin genyin infomasyon sou fanmi kap patisipe nan li. Fom si la ap pemet "The Chiidren's TrusY' pran kontak avek-ou pou yo ka mande-w sa-w panse de sevis pitit ou oswa ou menm resevwa de yo. "The Children's TrusY' ap kimbe tout infomasyon sa yo sekre. Nap itilize opinion-w selman pou nou ka fe sevis nou yo vin pi bon. CHEKE "Yes" si ou dako aou vo kontakte-w e pi siven an ba nai la OUI (YES), "The Children's TrusY' kapab kontakte mwen konsenan patisipasyon mwen e pi satisfaksyon mwen avek pwogram si la. Non: Adres: Vil Telefon: - - Telefon: - - Adres Imail: Apt.#_ Eta Zip Kod Potatif: - - Bipe#: - - Cheke isit si ou vle "The Children's TrusY' mete non-w sou lis adres paran pou ka resevwa infomasyon sou pwoblem ti moun ak la genes, pwoblem paran ak lot sije. CHEKE "No" si ou pa vle vo kontakte-w e ai siven an ba Aai la: NO, mwen pa vle "The Children's Trust" kontakte mwen pou pose'm kesyon Paran/Non Gadien: Signati ,Prenon MI SOUPLE AN GROS LET Signati: Date: Pou plis infomasyon sou fom sa-a osinon si ou ta rinmin ginyin plis infomasyon sou sije a, souple rele Dr. Lori Hanson, Direkte Recheh ak Evaluasyon, nan (305) 571-5700 Revised 10/04/2004 Attachment D Programmatic Data Reporting Requirements The Partner shali submit to the City and keep current: agency, program and service activity descriptions; individual participant demographics and attendance; additional output information; and outcome data, as noted in the Scope of Service (Attachment A). Reporting will include standard paper reports, as noted below. Electronic Reportinq-TBD (If Applicablel The Children's Trust and the City reserves the right to require electronic reporting on all programmatic data submitted by the provider, in a manner to be determined by The Children's Trust. Paper Reoortina-Excel and Word Documents ~ Invoices/Payment Requests (using standard Excel spreadsheet format provided by The Children's Trust~-due monthly by the 10th of each month for the previous month ~ Quarteriy Program Narrative Report (using standard Word document format provided by The Children's Trust) captures a BRIEF report of successes, challenges and supports needed- due quarterly by the 10th of the month following the end of the quarter Demoqraqhics reauired for child/parent particiaants with 3 or more contacts: ^ Is participant a parent? (yes/no) ^ Name (last, first, middle initial) ^ Street Address, City, and Zip Code ^ Other contact information (if applicable): Phone Numbers, Email ^ Child's Social Security #(n/a for parents) ^ Gender (male, female) ^ Date of Birth ^ Preferred Language (primary spoken in home) (English, Creole, Spanish, Other) ^ Education Level (highest grade level completed) ^ Race (American Indian/Alaskan Native, Asian, Black/African American, Pacific Islander, White, Other) ^ Ethniciry (Non-Hispanic, Hispanic/Cuban, Hispanic/Puerto Rican, Hispanic/Mexican, Hispanic/Other, Haitian, Other Caribbean Islander, Other) ^ If child has a disability, what type? (Emotional, Behavioral, Learning, Sensory, Physical, Profound)-yes/no for each ^ Child's Current School (n/a for parents) ^ Child's Current Grade Level (n/a for parents) ^ Child's Miami-Dade County Public Schools ID Number (n/a for parents) ^ Did parent sign The Children's Trust consent forms (permission for follow-up contact, photography release, etc.) (yes/no for each) Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 29 SCHEDULE OF REPORTS AND BILLING DEADLINES Required Report Reporting Frequency Due Date Invoice/Request for Payment (Excel) Monthly By 10"' of each month for the previous month Outcomes Measurement and Results Monthly TBD (ExC21) (If Applicable) The Children's Trust identified electronic Monthly data collection tool for Electronic Reporting TBD of Demographics, Attendance, and other (IfApplicable) outputs Quarterly Program Narrative Report (Word) Quarterly For February, March and April, due May 10th For May, June and July, due August 10th For August, September and October, due November 10th For November, December and January, due February 10~n Contract Number: 725-301 City of Miami Gardens Resolution Number: 2006-172 30 ~ ' m~~, ' :r ~~c ~a~ ' m ~ 3 ' ~ 03 a' ~ ~yj a+ H ~ ~ O ~, - ~ a ~ ~.; V I....... 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