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HomeMy WebLinkAbout2019-186-3315 Children's Trust After School Summer Camps RESOLUTION NO. 2019-186-3315 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST THAT CERTAIN AGREEMENT WITH CHILDREN'S TRUST CONTRACT NUMBERS 2014-3010 AND 2016-3010, NUNC PRO TUNC, TO AUGUST 1 , 2019, FOR AFTER SCHOOL PROGRAMS AND SUMMER CAMPS, ATTACHED HERETO AS EXHIBITS "A" AND "B" RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE CHILDREN'S TRUST CONTINUING RENEWAL CONTRACTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in August 2018, the Parks and Recreation Department was awarded two (2) five-year Children's Trust Grants for afterschool and summer camp programs, and WHEREAS, for the 2019 - 2020 term, The Children's Trust Contract Number 2014-3010 for grades K-5 is in the amount of Three Hundred Twenty-Eight Thousand Two-Hundred and Twenty-Five Dollars ($328,225.00), and WHEREAS, contract number 2016-3010, for grades 6-12, is in the amount of Two Hundred Ten Thousand and Eighty-Dollars ($210,080.00), and WHEREAS, both contracts have the effective dates of August, 1, 2019 through July 31, 2020, and WHEREAS, Staff recommends the City Council authorize the City Manager and the City Clerk to execute and attest The Children's Trust contract numbers 2014-3010 and 2016-3010, nunc pro tunc, to August 1 , 2019, for after school programs and summer camps, and authorize the City Manager to negotiate and execute The Children's Trust continuing renewal contracts, Resolution No. 2019-186-3315 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens authorizes the City Manager and the City Clerk to execute and attest that certain agreement with Children's Trust contract numbers 2014-3010 and 2016-3010, nunc pro tunc, to August 1 , 2019, for after school programs and summer camps, attached hereto as Exhibits "A" and "B" respectively, and authorizes the City Manager to negotiate and execute The Children's Trust continuing renewal contracts. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 11, 2019. c�_ OLIVER GILBERT, III, MAYOR ATTEST: %/-1 MART BATAILLE, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Page 2 of 3 Resolution No. 2019-186-3315 Moved by: Councilman Williams Jr. Seconded by: Councilwoman Odom VOTE: 7-0 Mayor Oliver Gilbert, III X (Yes) (No) Vice Mayor Rodney Harris X (Yes) (No) Councilwoman Katrina Wilson X (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilman Reggie Leon X (Yes) (No) Councilman David Williams Jr X (Yes) (No) Page 3 of 3 Agenda Item #11.10 CONTRACT NO. 2014-3010 BETWEEN THE CHILDREN'S TRUST AND City of Miami Gardens FOR After-school Programs and Summer Camps Agency's address: 18605 NW 27th avenue Miami Gardens, FL 33056 Agency's federal identification number. 11-3695944 Vendor's identification number: CITY0301 Effective term: 8/1/2019 through 7/31/2020 Contract amount shall not exceed: $328,225.00 Required match amount(if applicable): $0.00 Approved by resolution number. 2019-60 Agency's authorized official for notices Assistant Director Agency's custodian of public records (applicable if Agency is subject to Chapter 119, Florida Statutes): THIS CONTRACT is between The Children's Trust, whose address is 3150 SW 3rd Avenue, 8th Floor, Miami, FL 33129, and City of Miami Gardens, hereafter referred to as "Provider," whose address is listed above. In consideration of the mutual covenants herein, The Children's Trust and Provider (hereafter collectively referred to as "Parties") agree as follows: This Contract is subject to funding availability and Provider's performance. A. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with Provider's authorization. Contract renewals will be contingent upon The Children's Trust's board ("board") approval and in accordance with applicable solicitation documents for services provided. Such renewal may not exceed five(5) terms. In determining whether to renew Provider's contract, The Children's Trust will consider factors that include, but are not limited to the following: 1. Continued demonstrated and documented need for the services. 2. Provider's satisfactory program performance, fiscal performance, and compliance with the terms of the Contract, as determined by The Children's Trust in its sole discretion. 3. Availability of funds. B. SCOPE OF SERVICES All Providers 1. Provider agrees to render services in accordance with Attachment A: Scope of Services (hereafter "Services"), to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. 2. The Services activities and performance measures, as well as complete and accurate data and programming information, as appropriate, will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding for direct community services provided by The Children's Trust, pursuant to this Contract, will be used exclusively for Services in and for the benefit of Miami-Dade County residents. Direct community services refer to services or programs such as after-school, summer and parenting services offered to children and families in Miami-Dade County. School-based Health Providers only In addition to the three requirements above, the school-based health providers must abide by the following: 4. Services under this Contract shall be available to all students, upon referral, at the designated school sites regardless of financial status or social/economic background. Provider is responsible for the clinical supervision of all direct staff. 5. Provider is solely responsible for securing compliance with any applicable state and federally mandated requirements for consents for health services, including medical treatment, and compliance with notification of privacy practices. Provider shall secure parental consent for health services. All consents for treatment shall specifically state that all treatment is being rendered by Provider and not by The Children's Trust. Page 60 of 386 Agenda Item #11.10 6. Provider shall comply with applicable state and federal laws and Miami-Dade County Public Schools' (M-DCPS) policies and regulations relating to the confidentiality of student records and information. Provider assures it shall provide the parents, or the student who is beyond the age of eighteen (18), the right of access to medical records, as specified in section 228.093, Florida Statutes, and Rule 6A-1.0955, F.A.C. 7. Upon request from the Florida Department of Health, Provider shall provide evidence of appropriate credentials and/or licenses of all direct staff assigned to the schools. 8. Where applicable, Provider shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as, all regulations promulgated thereunder(45 CFR Parts 160,162, and 164). 9. Provider may apply for Medicaid reimbursement, third party billing or any type of reimbursement available to patients. Provider is solely responsible for compliance with, and adherence to, all state and federal laws and regulations for health care related services, including, but not limited to, privacy and confidentiality. C. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed the amount stated above. Provider agrees that the amount payable under this Contract may be reduced at the sole option of The Children's Trust with a proportional reduction in services. Provider agrees to adhere to Attachment B: Other Fiscal Requirements, Budget and Method of Payment, of this Contract. D. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by, and currently available from, local and state funding sources for the same purpose. A violation of this section is a material breach of this Contract. 3. Capital Equipment Capital equipment is individual items with a value of$1,000.00 or greater which have a life expectancy of more than one (1) year. All capital equipment acquired by Provider valued at less than $10,000.00 and reimbursed by The Children's Trust shall be capitalized by the Provider, and Provider shall retain all rights and possession of equipment unless this Contract is subject to termination or early cancellation. Should this Contract be terminated or not renewed, The Children's Trust may, in its sole discretion, acquire rights and possession of all reimbursed capital equipment that is not fully depreciated. All capital equipment acquired by Provider valued as equal to or greater than $10,000.00 and reimbursed by The Children's Trust shall be capitalized by The Children's Trust, and The Children's Trust shall retain all rights to that equipment until the item is fully depreciated. Should this Contract be subject to termination or early cancellation, The Children's Trust, in its sole discretion, may acquire possession of all reimbursed capital equipment that is not fully depreciated. Any or all such qualifying capital equipment shall be returned to The Children's Trust or its designee(s) upon request. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in Section K: Insurance Requirements of this Contract. 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. For contracts involving direct community services, Provider and subcontractor must be qualified to conduct business in the state of Florida at the time that a subcontractor agreement is executed. In any subcontract, Provider shall incorporate language from this Contract into each subcontract and shall require each subcontractor providing Services to be governed by the terms and conditions of this Contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 (thirty) calendar days of its execution. Subcontractors are only entitled to reimbursement for services rendered upon receipt of executed subcontracts. All subcontractors are subject to monitoring by Provider and/or The Children's Trust, in the same manner as Provider under the terms of this Contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about the Contract, the program and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Page 61 of 386 Agenda Item #11.10 Provider shall be responsible for all Services performed and all expenses incurred under this Contract, including Services provided and expenses incurred by any and all subcontractors. Provider, not The Children's Trust, shall be solely liable to any subcontractor and for all expenses or liabilities incurred under any subcontract. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust shall not pay any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the Provider. In such instances, The Children's Trust reserves the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. 5. Religious Purposes Provider and/or its faith-based community partner shall not use any funds provided under this Contract to support any inherently religious activities, including, but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds awarded by The Children's Trust, under this Contract or otherwise for legal fees, or any legal or other such actions, including, but not limited to, active investigations that Provider is a party or witness. Any such use by Provider shall be a material breach of this Contract. 8. Compliance Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county and local laws. This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax documents to maintain tax-exempt status and payment of payroll taxes, as applicable, throughout the term of the Contract and any such renewals thereof. Provider further agrees to maintain a current listing of its agency, program(s) and site(s) in the HELPPages resource directory available online and used by 211, Miami-Dade County's health and human services information and referral helpline, managed by Jewish Community Services of South Florida, Inc. E. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations set forth in section 768.28, Florida Statutes, both parties agree to be fully responsible for their own acts of negligence, or their agents' negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity to any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any agreement, as defined in section 768.28, Florida Statutes. 2. All Other Providers Provider shall indemnify, defend, and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorney fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors, except matters arising from The Children's Trust's negligence, willful or wanton acts or omissions. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust where applicable, including appellate proceedings, and shall pay all costs, judgments and reasonable attorney fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend, The Children's Trust or its officers, employees and agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract F. INTELLECTUAL PROPERTY AND RIGHT TO DEVELOPED MATERIALS Where funding from this Contract is used to produce original or non-minor alterations and/or enhancements to software designs or methods or techniques, writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature (hereinafter "developed materials"), legal title and every right, interest, claim or demand of any kind in and to any copyright, trademark or patent, or apuliiicaattiiogior96 Agenda Item #11.10 same, in such developed materials will vest in Provider. Notwithstanding the foregoing, Provider agrees to grant The Children's Trust a worldwide, perpetual, royalty-free and non-exclusive license, for The Children's Trust to use, duplicate and/or disclose such developed materials, in whole or in part, to others acting on behalf of The Children's Trust, and other providers funded by The Children's Trust, provided that such use, duplication, or disclosure does not compromise the validity of any developed materials or any copyright, trademark or patent rights thereto. Such license shall not extend to scientific publications. In the event of a dispute, both parties agree to participate in meditation to resolve the matter. G. INTELLECTUAL PROPERTY LICENSING FEES AND COSTS If Provider incorporates Intellectual Property, third party software, to provide Services required under this Contract, Provider is solely responsible for payment of required licensing fees and costs. Such licensing should be in the exclusive name of Provider. H. PUBLIC RECORDS For purposes of this section, the term "public records" shall mean all documents, papers, letters, electronic communications, maps, books, tapes, photographs, films and video recordings, sound recordings, data processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received, pursuant to law or ordinance or in connection with the transaction of The Children's Trust official business. Pursuant to section 119.0701, Florida Statutes, if the Provider meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Provider shall: 1. Keep and maintain public records required by The Children's Trust to perform the services under this Contract. 2. Upon request from The Children's Trust's custodian of public records, provide The Children's Trust with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt and/or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Provider does not transfer the records to The Children's Trust. 4. Upon completion of the Contract, transfer, at no cost, to The Children's Trust all public records in possession of Provider or keep and maintain public records required by The Children's Trust to perform the service. If Provider transfers all public records to The Children's Trust upon completion of the Contract, Provider shall destroy any duplicate public records that are exempt and/or confidential from public records disclosure requirements. If Provider keeps and maintains public records upon completion of the Contract, Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to The Children's Trust, upon request from The Children's Trust's custodian of public records, in a format that is compatible with The Children's Trust's information technology systems. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305.571.5700 EXT. 292, MURIEL.JEANTY@THECHILDRENSTRUST.ORG, 3150 SW 3RD AVENUE, STH FLOOR, MIAMI, FLORIDA, 33129. In the event Provider does not comply with the public records requirements set forth in Chapter 119, Florida Statutes, and Section H of this Contract, The Children's Trust may avail itself of the remedies set forth in Sections 1: Breach of Contract and Remedies and J: Termination By Either Party of this Contract. Additionally, a Provider who fails to provide the public records as required by law within a reasonable amount of time may be subject to penalties under section 119.10, Florida Statutes. 1. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract as specified in other Sections of this Contract, and also if Provider, through action or omission, causes any of the following: a. Fails to comply with Background Screening, as required under this Contract or applicable law. b. Fails to provide the Services outlined in the Scope of Services, Attachment A, within the effective term of this Contract and to the satisfaction of the Children's Trust. c. Fails to correct an imminent safety concern or take acceptable corrective action, as determined by The Children's Trust. d. Improperly uses The Children's Trust's funds allocated under this Contract as defined in Attachment B: Other Fiscal Requirements, Budget and Method of Payment and/or Attachment A: Scope of Services. e. Fails to furnish or maintain the certificates of insurance required by this Contract or as determined by The Children's Trust. Page 63 of 386 Agenda Item #11.10 f. Fails to meet or satisfy the conditions of award required by this Contract. g. Fails to submit, or submits incorrect or incomplete, proof of expenditures to support Services & Activities Management System (SAMIS) 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, including, but not limited to, budgets, invoices and amendments in SAMIS or any other format prescribed by The Children's Trust. h. Fails to submit, or submits incomplete or incorrect, required reports pursuant to the Scope of Services, Attachment A, in this Contract. i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data. j. Fails to comply with child abuse and incident reporting requirements. k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement. I. Fails to correct deficiencies found during a site visit/observation, evaluation or review within a specified reasonable time. m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies. n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws. o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants and stipulations in this Contract. p. Fails to submit an Annual Financial Statement Audit and a Program-Specific Audit, as applicable, in accordance with Section O: Records, Reports, Audits and Monitoring and Attachment D: Program- Specific Audit Requirements of this Contract. q. Fails to submit an Audit Engagement Letter for either the Annual Financial Statement Audit or the Program- Specific Audit within thirty (30) calendar days after Provider's fiscal year end. r. Fails to notify The Children's Trust within thirty (30) calendar days of nonpayment of payroll or other required taxes imposed by the federal government, state of Florida, Miami-Dade County or other authorized taxing entity. s. Fails to comply with Section T: Regulatory Compliance, #9: Mandatory Disclosure. The Children's Trust's decision not to enforce a breach of any of the provisions of this Contract does not entail waiver of such breach unless expressly provided in writing by The Children's Trust. Additionally, waiver of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 2. Remedies If Provider fails to cure any breach within thirty (30) calendar days after receiving written notice from The Children's Trust identifying the breach,The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written Performance Improvement Plan (PIP), if applicable, with Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider and specifying its effective date, at least five (5) business days before said date. On the effective date of suspension, Provider may, at risk of nonpayment from The Children's Trust, continue to perform the Services in this Contract but Provider shall promptly cease using The Children's Trust logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that at the sole discretion of The Children's Trust, verified requests for payment for Services that were performed and/or for deliverables that were substantially completed prior to the effective date of such suspension shall be rendered. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of such suspension. In this event, The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed, at the sole discretion of The Children's Trust, prior to the effective date of such suspension. Provider shall be responsible for all direct and indirect costs associated with such suspension, including reasonable attorney fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust may: (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys and reports prepared and secured by Provider with Trust funds under this Contract, subject to the rights of Page 64 of 386 Agenda Item #11.10 Provider as provided in Sections F: Intellectual Property and Rights to Developed Materials and G: Intellectual Property Licensing Fees and Costs; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or deliverables that were substantially completed, at the sole discretion of The Children's Trust, prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which must be at least five (5) business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed, at the sole discretion of The Children's Trust prior to the effective date of such termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney fees. d. The Children's Trust may seek enforcement of this Contract, including, but not limited to, filing an action with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney fees, costs and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorney fees through conclusion of all appellate proceedings, and including any final settlement or judgment. J. TERMINATION OF THE CONTRACT The Parties agree that this Contract may be terminated by either party with written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. Notwithstanding any other provision in this Contract, in the event The Children's Trust determines that Provider engaged in fraud, misrepresentation or material misstatement, or that it is in the best interest of The Children's Trust to terminate this Contract, The Children's Trust may do so by giving written notice to Provider of such termination and specifying the effective date thereof at least twenty-four (24) hours before the effective date of termination. The provisions of Section G: Intellectual Property Licensing Fees and Costs and Section O: Records, Reports, Audits and Monitoring shall survive the expiration or termination of this Contract. K. INSURANCE REQUIREMENTS All Providers, Except State Agencies or Subdivisions Upon execution of this Contract, or on the date commencing the effective term of this Contract, whichever is earlier, Provider's insurance agent(s) shall submit the following, as may be applicable, to insurance@thechildrenstrust.org: 1) certificates of insurance naming The Children's Trust as an additional insured and the certificate holder on all applicable policies; and all applicable policies shall be maintained in full force and effect for the entire term of this Contract; or 2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as required by Florida law for government entities. Provider's failure to comply with this section shall be a material breach of this Contract. The Children's Trust will not disburse any funds under this Contract until all required certificates of insurance or letter(s) of self-insurance have been provided to and have been approved by The Children's Trust. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Workers' compensation insurance covering all employees, non-incorporated independent contractors or consultants, and incorporated independent contractors or consultants that do not have workers' compensation coverage or a valid state of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. In the event that the Provider is no longer exempt from obtaining workers' compensation insurance, the Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. The employer's liability portion will be a minimum of $500,000.00/$500,000.00/$500,000.00. 2. Comprehensive general liability insurance, which shall include a rider or separate policy for sexual molestation liability, in an amount not less than $500,000.00 combined single limit per occurrence and $1,000,000.00 aggregate in a policy year. The Children's Trust must be designated and shown as an additional insured and the certificate holder with respects to this coverage. The general liability policy must contain coverage for the following: a. Bodily injury b. Property damage c. No exclusions for abuse, molestation or corporal punishment d. No endorsement for premises, only operations Page 65 of 386 Agenda Item #11.10 3. Automobile liability coverage for all owned and/or leased vehicles of Provider, and non-owned coverage for its employees and/or subcontractors and transportation companies transporting program participants. The amount of coverage is $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an additional insured and the certificate holder with respect to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage, such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded program must list The Children's Trust as a certificate holder and as an additional insured. 4. Automobile liability coverage for all owned and/or leased vehicles of Provider, and non-owned coverage for its employees and/or subcontractors not transporting program participants. The minimum amount of coverage is $300,000.00 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an 'Additional Insured as Its Interests May Appear" with respect to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage, such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. 5. If applicable, special events coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability, and The Children's Trust must be designated and shown as Additional Insured as Its Interests May Appear." Special events policies are for short-term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 6. If applicable, professional liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust, but not less than $250,000.00 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. Professional liability insurance is generally required when the Scope of Services uses professional services that require certification or license(s) to provide direct services to program participants. 7. If applicable, cyber security insurance with coverage amounts determined by The Children's Trust, but not less than $1,000,000.00 for the effective term of the Contract and any renewals. 8. Proof of property coverage is required for all capital equipment greater than or equal to $10,000.00, and when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care, custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider, or such capital equipment is returned to The Children's Trust. 9. All required coverages may be afforded via commercial insurance, self-insurance, a captive or some combination thereof. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue, eh Floor Miami, FL 33129 Classification and Rating If the coverage will be provided via commercial insurance, all required policies listed 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 W as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust. 2. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) calendar days prior to the effective date of making any material changes to the insurance coverage except for 10 (ten) calendar days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. 3. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing, any of the foregoing insurance requirements. Any request by a Page 66 of 386 Agenda Item #11.10 Provider to decrease, waive or modify any of the foregoing insurance requirements must be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. 4. In the event that an insurance policy is canceled, lapses or expires during the effective period of this Contract, The Children's Trust shall withhold all payments to Provider until a new certificate of insurance, as required under this Contract, is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. Provider shall submit the required certificate of insurance within thirty (30) calendar days of cancellation, lapse or expiration. Failure to provide said certificate of insurance will be considered a material breach of the Contract, which may result in The Children's Trust waiving payment or terminating the Contract. 5. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust's requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. Insurance Requirements for State of Florida Agencies or Political Subdivisions As an agency or political subdivision of the State of Florida, Provider agrees it is subject to the express provisions and limitations of section 768.28, Florida Statutes. L. PROOF OF TAX STATUS Provider is required to keep and have the following documentation readily available for review by The Children's Trust: 1. An Internal Revenue Service (IRS) tax status determination letter, if applicable. 2. The two (2) most recent IRS form 990 or applicable tax return filing within six (6) months of the end of Provider's fiscal year or other appropriate filing period permitted by law. 3. IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to submit form 941 within the timeframe established by IRS Publication 15, and if applicable, all state and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent via electronic mail or postal mail for each party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its president/CEO. Notices to Provider shall be marked to the authorized official identified on page 1 of this contract. Each party is responsible for advising the other party, in writing, of any changes to responsible personnel for accepting notices under this Contract, electronic address, mailing address, and/or telephone number. N. AUTONOMY The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting Parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING 1. Accounting Records Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). In addition to any requirements for retaining records pursuant to Section H, Public Records, all such records will be retained by Provider for not less than five (5) years beyond the last date that all applicable terms of this Contract have been complied with, final payment has been received and appropriate audits have been submitted to and accepted by The Children's Trust. 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, then 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, whichever is later. 2. Financial Statement Audit Within one hundred eighty (180) calendar days from the close of its fiscal year, Provider's independent certified public accounting firm (CPA) must electronically submit to The Children's Trust all the following documents, which together comprise an Annual Financial Statement Audit conducted in accordance with GAAP and standards contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book). The required items are: a. An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation. Page 67 of 386 Agenda Item #11.10 b. An Annual Financial Statement Audit conducted in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Auditing Standards. c. Written communication encompassing the requirements of AU-C section 265, "Communicating Internal Control Related Matters Identified in an Audit." d. Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With Those Charged With Governance." e. A Single Audit conducted in accordance with OMB "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards"or the Florida Single Audit Act, Florida Statutes 215.97, if applicable. f. A management letter; if no management letter is prepared by Provider's CPA firm, then the CPA firm must expressly confirm, in writing, that no management letter was issued. If Provider's Annual Financial Statement Audit is prepared by the Florida Auditor General, then the due date for submitting the annual financial statement audit, as defined, is two hundred seventy (270)calendar days after the close of Provider's fiscal year. If Provider is required to have a Single Audit, it agrees to have its CPA firm submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan, if applicable. 3. Program-Specific Audit Within one hundred eighty (180) calendar days of the close of its fiscal year, Provider is required to provide a Program- Specific Audit related to the Contract to The Children's Trust, in addition to the Annual Financial Statement Audit. The Program-Specific Audit shall be performed by an independent CPA firm that: is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation; has performed audits under Government Auditing Standards; and is either a member of the AICPA or FICPA peer review program to include government engagement reviews. This Program-Specific Audit must encompass an audit of The Children's Trust's Contract(s) as specified in Attachment D: Program-Specific Audit Requirements. 4. Audits Submission Method The Provider's CPA firm must transmit Provider's annual financial statement audit and the required Program-Specific Audit related to the Contract to The Children's Trust, within the timeframe specified above in Section O, subsections 2 and 3, via electronic mail or through another online system identified by The Trust, unless otherwise previously agreed upon, in writing, by the Trust and Provider. 5. Audit Extensions Audit extensions may be granted by The Children's Trust upon receipt, in writing, of such request with appropriate justification by Provider and for a period of time not to exceed sixty (60) calendar days after the initial due date. A copy of the engagement letter, along with the anticipated audit completion date and any concerns from Provider's CPA firm related to the audit must accompany the request. Approved audit extension requests allow for the continuation of payment until such time that the extension expires. In the event that either the Annual Financial Statement Audit or the Program-Specific Audit is not received in a timely manner and in accordance with the previously stated due dates and an audit extension has not been approved, then The Children's Trust shall withhold all payments to Provider until the documents are received and deemed by The Children's Tru st. 6. Engagement Letters Audit engagement letters are due to The Children's Trust thirty (30) calendar days after the end of Provider's fiscal year. Provider agrees to submit an audit engagement letter electronically to engagementletters@thechildrenstrust.org,. Failure to submit an audit engagement letter may result in a breach of Contract, or other remedy, as deemed appropriate by The Children's Trust. 7. List of Approved Certified Public Accounting Firms To receive reimbursement for the preparation of the Program-Specific Audit, as defined, Provider must choose from a list of approved CPA firms, which are posted on The Children's Trust's website. Inclusion in this pre-approved CPA vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B: Other Fiscal Requirements, Budget and Method of Payment. 8. Access to Records Provider shall permit access to all records, including subcontractor records, as per the Supporting Documentation Requirements in Attachment B: Other Fiscal Requirements, Budget and Method of Payment, which relate to this Contract at its place of business during regular business hours at a date and time mutually agreed upon by Provider and The Children's Trust. Provider agrees to deliver such assistance as may be necessary to facilitate a review or audit by The Children's Trust to ensure compliance with applicable accounting, financial and programmatic standards. This would include access by The Page 68 of 386 Agenda Item #11.10 Children's Trust, or its designee, to Provider's independent auditor's work papers for complying with federal, state and local requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosing and at The Children's Trust's expense. 9. Program Metrics Provider agrees to permit The Children's Trust personnel or The Children's Trust contracted agents/consultants to perform random scheduled and/or unscheduled site visits, reviews and evaluations of the program which is the subject of this Contract, including any subcontracts under this Contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary at the sole discretion of The Children's Trust. Program Metrics reports, which provides real time data can be accessed through Trust Central. Administrative or Fiscal findings will be discussed with Provider and, in accordance with specifications provided by The Children's Trust, Provider will remedy all deficiencies cited in the report from Trust Central as described in Section 1: Breach of Contract and Remedies. To the extent permitted by law, school-based health Providers shall permit public health authorities and health oversight agency (ies), that are charged with supervising health services program in schools, to conduct oversight and regulatory activities authorized by law. 10. Client Records School-based Health Providers only School Health Programs are comprehensive services and shall be provided to in accordance with section 381.0056, Florida Statutes. Provider agrees and shall require all sub-contractors to comply with all applicable state and federal privacy and confidentiality laws, as relevant to the services provided under this contract. The Florida Department of Health is statutorily authorized to review school health records of all students enrolled in the public-school system, regardless of the form in which these records are kept, at all reasonable times for as long as records are retained and in accordance with applicable law. All other Providers Provider shall make available to The Children's Trust expects all required information, as provided in Attachment A: Scope of Services and Attachment C: Data Requirements and Program Metrics, to be entered directly in the electronic data reporting system. If the Provider chooses to maintain physical records for participants, Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. All Providers Safeguards of Electronic Protected Health Information (ePHI) The Children's Trust and Provider agree to use appropriate safeguards to prevent use or disclosure of protected health information (PHI), covered under Health Insurance Portability and Accountability Act of 1996 (HIPAA) security regulations, that is produced, saved, transferred or received in an electronic form. The parties shall maintain a comprehensive written information security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of their respective operations. Provider maintains that it will use appropriate safeguards to protect the confidentiality, integrity, and availability of the PHI and ePHI that are created, received, maintained, or transmitted. 11. Internal Documentation/Records Retention Provider agrees to maintain and, upon request of The Children's Trust, provide for inspection by The Children's Trust during regular business hours the following, as may be applicable and subject to applicable confidentiality requirements: (1) personnel files of employees, which include hiring records, background screening affidavits, job descriptions, verification of education and evaluation procedures; (2) authorized time sheets, records and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules; (5) pre- and post-session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Services provision as described in Attachment A: Scope of Services and as required by this Contract. In addition to any requirements for retaining records pursuant to Section H, Public Records, Provider shall retain all records for not less than five (5) 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 Children's Trust and/or other appropriate agency. 12. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information, comply with applicable federal and state laws on confidentiality, and engage in measures to prevent unauthorized use, dissemination or publication of confidential information regardless of the source of such information. Any information determined to be confidential must be clearly marked as such. The Parties shall not disclose confidential information to any third party (except that such information may be disclosed to such party's attorneys), or to any employee of such party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no Page 69 of 386 Agenda Item #11.10 obligation upon the Parties with respect to confidential information which: (a) was lawfully known to the receiving party before receipt from the other; (b) is or becomes a matter of public knowledge through no fault of the receiving party; (c) is rightfully received by the receiving party from a third party without restriction on disclosure; (d) is independently developed by or for that party; (e) is disclosed under operation of law; (f) is disclosed by the receiving party with the other party's prior written approval; or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. In any event, Provider shall be responsible for defending its claim that any information submitted to The Children's Trust is confidential, trade secret, or otherwise exempt from inspection and copying under Florida's Public Records Law, including, but not limited to, defending or indemnifying The Children's Trust in the event that a claim or case is brought against The Children's Trust, subject to the limitations set forth in section 768.28, Florida Statutes. Provider shall specifically require all subcontractors to comply with this paragraph. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. 13. Data Security Obligation A. Standard of Care 1. Provider acknowledges and agrees that, in the course of its Contract with The Children's Trust, Provider may, directly or indirectly, receive or have access to Sensitive Personal Identifiable Information (Sensitive PII) or Personal Identifiable Information (PII). Sensitive PII is defined as an individual's (i) government-issued identification number (including, without limitation, social security number, driver's license number or state-issued identified number); (ii) financial account number, credit card number, debit card number, credit report information, with or without any required security code, access code, personal identification number or password, that would permit access to an individual's financial account; or (iii) biometric or health data. PII is defined as Sensitive PII or any of the following: i. An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: 1. A social security number; 2. A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; 3. A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; 4. Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or 5. An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. ii. User name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. Notwithstanding the foregoing, PII shall not include information (1) about an individual that has been made publicly available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. Provider shall comply with the terms and conditions set forth in this Contract in its collection, receipt, transmission, storage, disposal, use and disclosure of such Sensitive PII or PII, and shall be responsible for the unauthorized collection, receipt, transmission, access, storage, disposal, use and disclosure of Sensitive PII or PII under its control or in its possession. Furthermore, Provider shall be responsible for the actions and omissions of all Authorized Persons concerning the treatment of such Sensitive PII or PII as if they were Provider's own actions and omissions. Authorized Persons is defined as (i) Provider's employees who have a need to know or otherwise access PII to enable Provider to perform its obligations under this Contract. ; or (ii) Provider's subcontractors approved by The Children's Trust who have a need to know or otherwise access PII to enable Provider to perform its obligations under this Contract, and who are bound in writing by confidentiality obligations sufficient to protect PII in accordance with the terms and conditions of this Contract. 2. All data collected on behalf of The Children's Trust is deemed to be property of The Children's Trust and is not property of Provider. 3. In recognition of the foregoing, Provider agrees and covenants that it shall: Page 70 of 386 Agenda Item #11.10 a. Keep and maintain all such Sensitive PH or PH strictly confidential. b. Use and disclose Sensitive PH or PH solely and exclusively for the purposes for which the Sensitive PH or PH, or access to it, is provided pursuant to the terms and conditions of this Contract, and shall not divulge, communicate, use, sell, rent, transfer, distribute, or otherwise disclose or make available Sensitive PH or PH for Provider's own purposes or for the benefit of anyone other than The Children's Trust, without The Children's Trust's prior written consent, which may be withheld in The Children's Trust's sole and absolute discretion. c. Not, directly or indirectly, disclose Sensitive PII or PH to an Unauthorized Third Party, without express written consent from The Children's Trust, which may be withheld in its sole and absolute discretion. An Unauthorized Third Party is any person other than an Authorized Person. If any person or authority makes a demand on Provider purporting to legally compel it to divulge any Sensitive PII or PII, Provider shall (i) immediately notify The Children's Trust of the demand before such disclosure so that The Children's Trust may first assess whether to challenge the demand prior to Provider's divulging of such Sensitive PII or PII; (ii) be responsible to The Children's Trust for the actions and omissions of such Unauthorized Third Party concerning the treatment of such Sensitive PH or PH as if they were Provider's own actions and omissions; and (iii) require the Unauthorized Third Party that has access to Sensitive PH or PH to execute a written Contract agreeing to comply with the terms and conditions of this Contract relating to the treatment of Sensitive PH or PII. Provider shall not divulge such Sensitive PH or PH until The Children's Trust has concluded not to challenge the demand, has exhausted its challenge, including appeals, if any. B. Sensitive Personal Identifiable Information or Personal Identifiable Information Security Provider shall protect and secure data in electronic form containing such Sensitive PII or PII. At a minimum, Provider's safeguards for the protection of Sensitive PII or PII shall include: 1. Encrypting, securing or modifying such Sensitive PH or PH by any method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. 2. Limiting access of Sensitive PII or PH to Authorized Persons. 3. Securing business facilities, data centers, paper files, servers, back-up systems and computing equipment, including, but not limited to, all mobile devices and other equipment with information storage capability. 4. Implementing network, device application, database and platform security. 5. Securing information transmission, storage and disposal; and implementing authentication and access controls within media, applications, operating systems and equipment. 6. Encrypting Sensitive PII or PH stored on any mobile media. 7. Encrypting Sensitive PH or PH transmitted over public or wireless networks. 8. Implementing appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting background checks consistent with applicable law, as required by The Children's Trust from time to time. 9. Providing written copies of appropriate privacy and information security training to Provider's employees, as required by and to The Children's Trust. 10. Purchasing and maintaining cyber insurance coverage, as The Children's Trust deems necessary in its sole and absolute discretion. a. Provider shall dispose, or arrange for the disposal, of customer records that contain Sensitive PH or PH within its custody or control when the records are no longer required to be retained pursuant to Sections H and O. Such disposal shall involve shredding, erasing or otherwise modifying Sensitive PH or PII in its control or possession to make it unreadable or undecipherable. b. During the term of each Authorized Person's employment by Provider, Provider shall at all times cause such Authorized Persons to abide strictly by Provider's obligations under this Contract. Provider further agrees that it shall maintain a disciplinary process to address any unauthorized access, use or disclosure of Sensitive PH or PII by any of Provider's officers, directors, partners, principals, employees, agents or contractors. Upon The Children's Trust's request, Provider shall promptly identify all Authorized Persons as of the date of such request to The Children's Trust in writing. c. Upon The Children's Trust's written request, Provider shall provide The Children's Trust with a network diagram that outlines Provider's information technology network infrastructure and all equipment used in relation to fulfilling its obligations under this Contract, including, without limitation: (i) connectivity to The Children's Trust and all third parties who may access Provider's network to the extent the network contains Sensitive PH or PII; (ii) all network connections including remote access s and wireless connectivity; (iii) all access control devices, such as (solely by way of example) firewalls, packet filters, intrusion detection and access-list routers; (iv) all back-up or redundant servers; and (v) permitted access through each network connection. Page 71 of 386 Agenda Item #11.10 C. Security Breach Procedures For purposes of this Contract, "Security Breach" is defined as unauthorized access of data in electronic form containing Sensitive PII or PII or a breach or alleged breach of this Contract relating to such privacy practices. Good faith access of Sensitive PII or PII by an employee or agent of the covered entity shall not constitute a breach of security under this Contract, so long as the information is not used for a purpose unrelated to the business of The Children's Trust, or as a result of any other unauthorized use. In the event of a Security Breach, Provider shall: 1. Notify The Children's Trust of a Security Breach immediately, but not later than forty eight (48) hours, after Provider becomes aware of it by emailing The Children's Trust with a read receipt at datasecurity__@thechildrenstrust.org,; and with a copy of such email to Provider's contract manager at The Children's Trust. The notice shall include, at a minimum: (1) the date, estimated date, or estimated date range of the Security Breach; and (2) a description of the Sensitive PII or PII that was accessed or reasonably believed to have been accessed as a part of the Security Breach. 2. To the extent legally permissible, confer with The Children's Trust prior to informing any third party of any Security Breach related to this Contract. Provider and The Children's Trust shall communicate regarding: (i) whether notice of the Security Breach is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies or others as required by law regulation, or otherwise; and (ii) the contents of such notice, whether any type of remediation may be offered to affected persons, and the nature and extent of any such remediation. 3. Take steps to immediately remedy any Security Breach and prevent any further Security Breach at Provider's expense in accordance with applicable privacy rights, laws, regulations and standards, or as otherwise required by The Children's Trust in its sole and absolute discretion. Provider shall be solely responsible for all costs associated with a Security Breach and The Children's Trust may seek to recover any costs it expends as a result of such breach from Provider. 14. Withholding of Payment At the sole discretion of The Children's Trust, payment may be withheld if Provider or Subcontractor fail to comply with the terms of this Contract.The Children's Trust will only make payment upon satisfactory compliance with the contractual terms as solely determined by The Children's Trust. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract, including, but not limited to, amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Q. GOVERNING LAW AND VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the state of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall, to the exclusion of all others, be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida. R. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS Level 2 background screenings must be completed through the Florida Department of Law Enforcement (FDLE) VECHS (Volunteer & Employee Criminal History System) Program. Satisfactory background screening documentation will be accepted from those agencies that already conduct business with either the Florida Department of Children and Families (DCF), the Florida Department of juvenile Justice (DJJ) or Miami-Dade County Public Schools (M-DCPS). In addition: 1. Provider shall complete Attachment E-1: Affidavit for Level 2 Background Screenings. The affidavit shall cover employees, volunteers and subcontractors performing services under this Contract who are required to complete a Level 2 background screening as defined in this section. 2. Provider shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements. 3. Provider shall maintain Attachment E-1: Affidavit for Level 2 Background Screenings, Attachment E-2: Child Care Attestation of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements, in Provider's personnel, volunteers, and subcontractors' files. 4. Provider shall ensure that all employees, volunteers and/or subcontractors complete Level 2 background screening no later than every five (5) years. Page 72 of 386 Agenda Item #11.10 Provider is required to review annually, at minimum, the Dru Sjodin National Sex Offender Public Website (NSOPW). School-based Health Providers only All school staff members or sub-contracted agency personnel assigned to work at a site where they have access to children must satisfy Level 2 background screening requirements and comply with all necessary school procedures prior to commencing services within M-DCPS or doing any work for The Children's Trust related to this contract. Pursuant to section 1012.32, Florida Statutes, non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, have direct contact with students or have access to or control of school funds must meet Level 2 background screening requirements. All of Provider's employees who work in a school must satisfy Level 2 background screening requirements as provided in section 1012.32, Florida Statutes. All employees who work in a school must inform their employer within 48 hours if convicted of any disqualifying offenses included in M-DCPS's Employee Manual, while he or she is employed or under contract in that capacity. If Provider employs a person, under this contract or with The Children's Trust's funds, to work in a school who does not satisfy Level 2 background screening requirements, the employee shall be immediately suspended from working in that capacity. A clearance letter or an identification badge issued by M-DCPS will be accepted as proof that the employee satisfactorily completed background screening. A copy of said clearance letter or identification badge must be on file for each employee hired to work within the school setting. All other Providers Subject to the provisions, limitations and exceptions of all relevant statutory provisions, including sections 1012.465 and 1012.468, Florida Statutes, all employees, volunteers and subcontracted personnel who work in direct contact with children or who may come into direct contact with children at the site in question must complete a Level 2 background screening and comply with the requirements thereto prior to commencing work pursuant to this Contract. This requirement applies to all volunteers who provide more than 10 hours of service in any given calendar year to children, youth and their families. Occasional or transient repair or maintenance persons, vendor representatives, contractors or subcontractors who have not completed a Level 2 background screening and appear on the site should be escorted to their work areas and supervised for the entire time they are present on the site by a member of Provider's staff who has satisfactorily completed a Level 2 background screening. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to comply with all relevant provisions of the Americans with Disabilities Act and other state, federal or local laws that mandate the accessibility of programs, services and benefits for persons with disabilities. The Children's Trust also requires Provider implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. T. REGULATORY COMPLIANCE 1. Nondiscrimination and Civil Rights Provider shall not discriminate against an employee, volunteer or client of Provider based on an individual's protected class, which includes race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, source of income, or actual or perceived status as a victim of domestic violence, dating violence or stalking. Provider shall have standards, policies and practices necessary to render services in a manner that respects the worth of the individual, and protects and preserves an individual's dignity. Additionally, Provider agrees to abide by Chapter 11A of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which, among other things, prohibits discrimination in employment and public accommodations, and by local governments on the basis of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. Page 73 of 386 Agenda Item #11.10 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act, section 287.133, Florida Statutes, which applies to a person or affiliate who is a Provider, consultant or other direct service provider and who has been placed on the convicted vendor list following a conviction for a public entity crime. Such person or affiliate may not: (a) submit a bid on a Contract to provide any goods or services; (b) submit a bid for the construction or repair of a public building or public work; (c) submit bids on leases of real property; (d) be awarded or perform work as a Provider supplier; subcontractor or consultant; and (e) transact any business in excess of the threshold amount provided in section 287.017, Florida Statutes, for certain statutorily defined purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance or Chapter 112, Part III, Florida Statutes, as amended, which are incorporated by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. (Refer to http://ethics.miamidade.gov/libra y 2/ 016-publications-rqo/sec%20_2 11- 1 conflict of interest and code of ethics ordinance ian16.pdf). In addition, Provider agrees to: • Prohibit members of the Provider's board of directors from directly or indirectly receiving any funds paid by The Children's Trust to the Provider under this Contract. • Prohibit members of the Provider's board of directors from voting on matters relating to this Contract which may result in the board member directly or indirectly receiving funds paid by the Provider under this Contract. • Prohibit members of the Provider's board of directors from voting on any matters relating to this Contract if they are related to the person or entity seeking a benefit as 1) an officer, director, partner, of counsel, consultant, employee, fiduciary, beneficiary, or 2) a stockholder, bondholder, debtor, or creditor. • Prohibit employees of the Provider from directly or indirectly receiving any funds paid by The Children's Trust to the Provider under this Contract, with the exception of the employee's salary and fringe benefits or portion of the employee's salary and fringe benefits included in Attachment B. • Maintain a written nepotism and conflict of interest policy that applies to hiring, providing services to clients, and procuring supplies or equipment. • Immediately disclose and justify in writing to The Children's Trust any business transactions between the Provider on one side, and its board member(s) or its staff on the other side, as well as all related-party transactions with shareholders, partners, officers, directors, or employees of any entity that is doing business with the Provider that are funded, partially or entirely, under the Contract with The Children's Trust, or are in any way related to The Children's Trust-funded program. 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with applicable provisions of the Sarbanes-Oxley Act of 2002, including the following: a. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. b. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 5. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, certifications, approvals, insurances, permits and accreditations required by the state of Florida, Miami-Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the state of Florida both prior to and during the Contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child; injury of a participant; missing child or abandoned child; loss of property use for the program; or destruction of property used in the program. Incident definitions can be found on the sample incident report form located on The Children's Trust website. Page 74 of 386 Agenda Item #11.10 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 (800.962.2873), as required by Chapters 39 and 415, Florida Statutes, Provider and its employees are mandated to report any such suspicions. Provider shall notify the contract manager of any incident as defined within three (3) calendar days after Provider is informed of such incident. The notification must be in writing and include a copy of the incident report. The report must contain the following: 1. Name of reporter(person giving the notice) 2. Name and address of victim and guardian 3. Phone number where reporter can be contacted 4. Date, time and location of incident 5. Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) calendar days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) calendar days of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone involved with service arising out of the performance of this Contract, and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall submit written notification to The Children's Trust within seven (7) business days of any legal action which is filed as a result of such an alleged incident. 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of their policies, including, but not limited to, confidentiality, incident reporting, sexual harassment, nondiscrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. 9. Mandatory Disclosure Provider shall disclose to The Children's Trust all administrative proceedings, active investigations and legal actions (collectively referred to as 'Actions") that it is a party to or witness related to any program funded by The Children's Trust. Provider shall notify its assigned Contract Manager within ten (10) days of the Provider becoming aware of such Actions. Failure to comply with this requirement could be deemed a material breach of this Contract, as determined in the sole discretion of The Children's Trust. Additionally, The Children's Trust, in it-5 sole discretion, will determine whether such Actions could have an adverse impact on the Provider's ability to deliver the contractual services and whether to terminate this Contract. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for Services, and to share information with The Children's Trust for monitoring and evaluation purposes. Additionally, prior to taking or using still photographs, digital photographs, motion pictures, television transmissions and/or videotaped recordings (collectively referred to as "Recordings") of participants, Provider shall ask participants to sign a voluntary Authorization for PhotographNideo form located on The Children's Trust's website. The form is produced in English, Spanish and Haitian Creole and shall be made available to Provider. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C: Data Requirements and Program Progress Metrics, are subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachments A: Scope of Services and C: Data Requirements and Program Progress Metrics. W. MARKETING & PUBLICITY Provider or its contracted departments shall distribute a news release to local news media outlets announcing it has been awarded funding by The Children's Trust. Provider shall prominently place a Children's Trust program sign decal on the main entry door or front window of each of its Trust-funded site locations (unless such placement of signage is specifically prohibited by Provider's lease). Provider shall display the official Children's Trust logo on the home page of its website (if Provider maintains a website) and link it to The Children's Trust website (www.tliechildrenstrust.org); or, if Provider maintains another pag�a�eit.�5w��s� Agenda Item #11.10 that displays the names and logos of its funding partners, Provider shall include the official Children's Trust logo on that page and link it to The Children's Trust website (www.thechildrenstrust.org). If the funded program is part of a larger entity, such as a university, the logo may be placed on the web page dedicated to that program on the Provider's website. Provider shall in addition include the following paragraph, along with the logo, on the web page dedicated to the program funded by this Contract, or elsewhere on its website (in English/Spanish or English/Haitian Creole or all three languages, depending upon population served): English: [Provider Program Name] is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County. Espanol: EI [Provider Program Name] estA financiado por The Children's Trust. The Children's Trust es una fuente de financiacion, creada por los votantes en referendum para mejorar la vida de los ninos y las familias en Miami-Dade. Kreyol: Se Children's Trust ki finanse[Pwogram Sa-a]. Children's Trust se yon sous finansman elekte Miyami-Dade to kreye nan yon referandom. Finansman sa a dedye you pwogram k'ap amelyore lavi ti moun ak fanmi yo. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "[Provider Program Name] is funded in part by The Children's Trust..." OR "EI [Provider Program Name] estS financiado en parte por The Children's Trust..." OR "Se Children's Trust ki finance yon pati nan[Pwogram Sa-a]..." Provider agrees that all program services, activities and events funded by this Contract shall recognize The Children's Trust as a funding source in any and all publicity, public relations and marketing efforts/materials created under its control on behalf of the program. 1. COMMUNICATION WITH MEDU1/NEWS OUTLETS Provider shall request that all media representatives, when inquiring with Provider about the program services, activities and events funded by this Contract, recognize The Children's Trust as a funding source. 2. VIDEO Provider agrees that any video it produces that depicts activities, services and events funded by this Contract shall include a full-screen graphic at its end recognizing The Children's Trust as a funding source. 3. SOCIAL MEDIA If Provider or its contracted departments maintains social media accounts, they shall: a. Post an update on its social media accounts (e.g., Facebook, Twitter, Instagram, etc.) announcing it has been awarded a funding contract by The Children's Trust, and tag The Children's Trust's profile on those social media networks. If The Trust does not have a profile on a particular socialmedia network, the post should link back to www.thechildrenstrust.org. b. State it is funded by The Children's Trust on all of its social media networks' 'About" sections. c. Tag and/or mention The Children's Trust on all posts related to services, activities and events funded by this Contract. d. List The Children's Trust's fan page under "Liked by This Page" on its Facebook page (if Provider maintains a Facebook page). e. Follow The Children's Trust Twitter account (if Provider maintains a Twitter account). 4. PRINTED MATERIALS a. Provider or its contracted departments shall ensure that any and all printed materials it creates for program services, activities and events funded by this Contract, including, but not limited to, newsletters, news releases, brochures, fliers, advertisements, signs/banners, letters to program participants and/or their parents/guardians, or any other materials released to the media or general public, shall state that these program services, activities and events are funded by The Children's Trust. b. Further, Provider shall also employ the use of the appropriate Children's Trust logo and/or language as stated above when recognizing said funding in any and all printed materials. c. Proofs of all printed material referenced herein must be submitted to The Children's Trust communications department (communicationscompliance(@thechildrenstrust.org) for approval prior to production/printing and release/distribution. d. Provider agrees to deliver to The Children's Trust, without charge, at least three (3) copies of any and all printed materials it creates for program services, activities and events funded by this Contract. Page 76 of 386 Agenda Item #11.10 e. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Sections F: Intellectual Property and Rights to Developed Materials and H: Intellectual Property Licensing Fees and Costs. 5. TERMINATION OF CONTRACT Upon termination of this Contract by either party or its expiration and nonrenewal, Provider shall remove all references to The Children's Trust from its site(s), website, social media accounts, advertisements and promotional materials, to coincide with the effective date of such termination or expiration. X. MISCELLANEOUS 1. 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. 2. NO THIRD PARTIES There are no intended or unintended third party beneficiaries to this Contract. Y.JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Contract has been their joint effort. The language agreed to expresses the parties' mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the Parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget and Method of Payment Attachment C: Data Requirements and Program Metrics Attachment D: Program-Specific Audit Requirements Attachment E-1: Affidavit for Level 2 Background Screenings, if applicable Attachment E-2: Child Care Attestation of Good Moral Character, if applicable Attachment E-3: Child Abuse & Neglect Reporting Requirements, if applicable Attachment E-4: Background Screening & Personnel File Requirements, if applicable Attachment F: Additional Insurance Requirements, if applicable Attachment G: Other Matters, if applicable No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. [REMAINDER OF PAGE INTENTIONALLY BLANK] Page 77 of 386 Agenda Item #11.10 City of Miami Gardens The Children's Trust MIAMI-DADE COUNTY, FLORIDA By: By: CAM F_�N 5� N C (ry 1` N Pt iz (signature of Authorized Representative) (signature) James R. Haj President and CEO Date: Date: Provider Federal ID# 11-3695944 Provider Vendor ID# CITYO301 This Contract is not valid until signed by both Parties. Approved a form: Sonja K. Dickens, City Attorney Page 78 of 386 Agenda Item #11.10 CONTRACT NO. 2016-3010 BETWEEN THE CHILDREN'S TRUST AND City of Miami Gardens FOR Youth Enrichment, Employment and Supports Agency's address: 18605 NW 27th avenue Miami Gardens, FL 33056 Agency's federal identification number: 11-3695944 Vendor's identification number: CITY0301 Effective term: 8/1/2019 through 7/31/2020 Contract amount shall not exceed: $210,080.00 Required match amount (if applicable): $0.00 Approved by resolution number: 2019-61 Agency's authorized official for notices Director of Parks and Recreation Agency's custodian of public records (applicable if City Clerk Agency is subject to Chapter 119, Florida Statutes): THIS CONTRACT is between The Children's Trust, whose address is 3150 SW 3rd Avenue, 8th Floor, Miami, FL 33129, and City of Miami Gardens, hereafter referred to as "Provider," whose address is listed above. In consideration of the mutual covenants herein, The Children's Trust and Provider (hereafter collectively referred to as "Parties") agree as follows: This Contract is subject to funding availability and Provider's performance. A. TERMS OF RENEWAL, if applicable In the sole discretion of The Children's Trust, this Contract may be renewed with Provider's authorization. Contract renewals will be contingent upon The Children's Trust's board ("board") approval and in accordance with applicable solicitation documents for services provided. Such renewal may not exceed five (5) terms. In determining whether to renew Provider's contract, The Children's Trust will consider factors that include, but are not limited to the following: 1. Continued demonstrated and documented need for the services. 2. Provider's satisfactory program performance, fiscal performance, and compliance with the terms of the Contract, as determined by The Children's Trust in its sole discretion. 3. Availability of funds. B. SCOPE OF SERVICES All Providers 1. Provider agrees to render services in accordance with Attachment A: Scope of Services (hereafter "Services"), to this Contract. Provider shall implement the Services in a manner deemed satisfactory to The Children's Trust. Any modification to the Services shall not be effective until approved, in writing, by The Children's Trust and Provider. 2. The Services activities and performance measures, as well as complete and accurate data and programming information, as appropriate, will be used in the evaluation of Provider's overall performance. 3. Provider agrees that all funding for direct community services provided by The Children's Trust, pursuant to this Contract, will be used exclusively for Services in and for the benefit of Miami-Dade County residents. Direct community services refer to services or programs such as after-school, summer and parenting services offered to children and families in Miami-Dade County. School-based Health Providers only In addition to the three requirements above, the school-based health providers must abide by the following: 4. Services under this Contract shall be available to all students, upon referral, at the designated school sites regardless of financial status or social/economic background. Provider is responsible for the clinical supervision of all direct staff. 5. Provider is solely responsible for securing compliance with any applicable state and federally mandated requirements for consents for health services, including medical treatment, and compliance with notification of privacy practices. Provider shall secure parental consent for health services. All consents for treatment shall specifically state that all treatment is being rendered by Provider and not by The Children's Trust. Page 79 of 386 Agenda Item #11.10 6. Provider shall comply with applicable state and federal laws and Miami-Dade County Public Schools' (M-DCPS) policies and regulations relating to the confidentiality of student records and information. Provider assures it shall provide the parents, or the student who is beyond the age of eighteen (18), the right of access to medical records, as specified in section 228.093, Florida Statutes, and Rule 6A-1.0955, F.A.C. 7. Upon request from the Florida Department of Health, Provider shall provide evidence of appropriate credentials and/or licenses of all direct staff assigned to the schools. 8. Where applicable, Provider shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as well as, all regulations promulgated thereunder (45 CFR Parts 160,162, and 164). 9. Provider may apply for Medicaid reimbursement, third party billing or any type of reimbursement available to patients. Provider is solely responsible for compliance with, and adherence to, all state and federal laws and regulations for health care related services, including, but not limited to, privacy and confidentiality. C. TOTAL FUNDING Subject to the availability of funds, the maximum amount payable for Services rendered under this Contract shall not exceed the amount stated above. Provider agrees that the amount payable under this Contract may be reduced at the sole option of The Children's Trust with a proportional reduction in services. Provider agrees to adhere to Attachment B: Other Fiscal Requirements, Budget and Method of Payment, of this Contract. D. FISCAL MANAGEMENT 1. Double Billing and Payments Provider costs or earnings claimed under this Contract may not also be claimed under any other contract or grant from The Children's Trust or, unless such claim is denied by The Children's Trust, from any other agency. Any claim for double payment by Provider shall be a material breach of this Contract. 2. No Supplanting of Existing Public Funds The Children's Trust funding may not be used as a substitute for existing resources or for resources that would otherwise be available for children's services, or to replace funding previously provided by, and currently available from, local and state funding sources for the same purpose. A violation of this section is a material breach of this Contract. 3. Capital Equipment Capital equipment is individual items with a value of$1,000.00 or greater which have a life expectancy of more than one (1) year. All capital equipment acquired by Provider valued at less than $10,000.00 and reimbursed by The Children's Trust shall be capitalized by the Provider, and Provider shall retain all rights and possession of equipment unless this Contract is subject to termination or early cancellation. Should this Contract be terminated or not renewed, The Children's Trust may, in its sole discretion, acquire rights and possession of all reimbursed capital equipment that is not fully depreciated. All capital equipment acquired by Provider valued as equal to or greater than $10,000.00 and reimbursed by The Children's Trust shall be capitalized by The Children's Trust, and The Children's Trust shall retain all rights to that equipment until the item is fully depreciated. Should this Contract be subject to termination or early cancellation, The Children's Trust, in its sole discretion, may acquire possession of all reimbursed capital equipment that is not fully depreciated. Any or all such qualifying capital equipment shall be returned to The Children's Trust or its designee(s) upon request. Provider is to maintain proof of Property Coverage in accordance with the insurance requirements prescribed in Section K: Insurance Requirements of this Contract. 4. Assignments and Subcontracts Provider shall not assign this Contract to another party. Provider shall not subcontract any Services under this Contract without prior written approval of The Children's Trust. For contracts involving direct community services, Provider and subcontractor must be qualified to conduct business in the state of Florida at the time that a subcontractor agreement is executed. In any subcontract, Provider shall incorporate language from this Contract into each subcontract and shall require each subcontractor providing Services to be governed by the terms and conditions of this Contract. Provider shall submit to The Children's Trust a copy of each subcontract to this Contract within 30 (thirty) calendar days of its execution. Subcontractors are only entitled to reimbursement for services rendered upon receipt of executed subcontracts. All subcontractors are subject to monitoring by Provider and/or The Children's Trust, in the same manner as Provider under the terms of this Contract. Provider acknowledges and agrees that The Children's Trust and any subcontractor to this Contract have authority to communicate and exchange information about the Contract, the program and/or fiscal issues. Provider waives any and all claims, demands, and/or legal action based upon any such communications. Page 80 of 386 Agenda Item #11.10 Provider shall be responsible for all Services performed and all expenses incurred under this Contract, including Services provided and expenses incurred by any and all subcontractors. Provider, not The Children's Trust, shall be solely liable to any subcontractor and for all expenses or liabilities incurred under any subcontract. All payments to any contracted subcontractor shall be paid directly by Provider to the subcontractor. The Children's Trust shall not pay any subcontractor unless specifically agreed to in writing by The Children's Trust with notification to the Provider. In such instances, The Children's Trust reserves the right to require verification from Provider and/or subcontractor of payment due for satisfactory work performed by the subcontractor. 5. Religious Purposes Provider and/or its faith-based community partner shall not use any funds provided under this Contract to support any inherently religious activities, including, but not limited to, any religious instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract. 6. Lobbying Provider shall not use any funds provided under this Contract or any other funds provided by The Children's Trust for lobbying any federal, state or local government or legislators. Any such use by Provider shall be a material breach of this Contract. 7. Adverse Action or Proceeding Provider shall not use any funds awarded by The Children's Trust, under this Contract or otherwise for legal fees, or any legal or other such actions, including, but not limited to, active investigations that Provider is a party or witness. Any such use by Provider shall be a material breach of this Contract. 8. Compliance Provider agrees to maintain and ensure its compliance, as applicable, with federal, state, county and local laws. This includes, but is not limited to, adherence to IRS rules and regulations requiring timely filing of tax documents to maintain tax-exempt status and payment of payroll taxes, as applicable, throughout the term of the Contract and any such renewals thereof. Provider further agrees to maintain a current listing of its agency, program(s) and site(s) in the available online and used by 211, Miami-Dade County's health and human services information and referral helpline, managed by Jewish Community Services of South Florida, Inc. E. INDEMNIFICATION BY PROVIDER 1. Government Entity Subject to the limitations set forth in section 768.28, Florida Statutes, both parties agree to be fully responsible for their own acts of negligence, or their agents' negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity to any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any agreement, as defined in section 768.28, Florida Statutes. 2. All Other Providers Provider shall indemnify, defend, and hold harmless The Children's Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including reasonable attorney fees and costs of defense, which The Children's Trust or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Contract by Provider or its employees, agents, servants, partners, principals or subcontractors, except matters arising from The Children's Trust's negligence, willful or wanton acts or omissions. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of The Children's Trust where applicable, including appellate proceedings, and shall pay all costs, judgments and reasonable attorney fees which may issue thereon. Provider agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend, The Children's Trust or its officers, employees and agents. The provisions of this section on indemnification shall survive the expiration or termination of this Contract F. INTELLECTUAL PROPERTY AND RIGHT TO DEVELOPED MATERIALS Where funding from this Contract is used to produce original or non-minor alterations and/or enhancements to software designs or methods or techniques, writing, data, sound recordings, pictorial reproductions, drawings or other graphic representations and works of similar nature (hereinafter "developed materials"), legal title and every right, interest, claim or demand of any kind in and to any copyright, trademark or patent, or application for the Page 81 of 386 Agenda Item #11.10 same, in such developed materials will vest in Provider. Notwithstanding the foregoing, Provider agrees to grant The Children's Trust a worldwide, perpetual, royalty-free and non-exclusive license, for The Children's Trust to use, duplicate and/or disclose such developed materials, in whole or in part, to others acting on behalf of The Children's Trust, and other providers funded by The Children's Trust, provided that such use, duplication, or disclosure does not compromise the validity of any developed materials or any copyright, trademark or patent rights thereto. Such license shall not extend to scientific publications. In the event of a dispute, both parties agree to participate in mediation to resolve the matter. G. INTELLECTUAL PROPERTY LICENSING FEES AND COSTS If Provider incorporates Intellectual Property, third party software, to provide Services required under this Contract, Provider is solely responsible for payment of required licensing fees and costs. Such licensing should be in the exclusive name of Provider. H. PUBLIC RECORDS For purposes of this section, the term "public records" shall mean all documents, papers, letters, electronic communications, maps, books, tapes, photographs, films and video recordings, sound recordings, data processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received, pursuant to law or ordinance or in connection with the transaction of The Children's Trust official business. Pursuant to section 119.0701, Florida Statutes, if the Provider meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Provider shall: 1. Keep and maintain public records required by The Children's Trust to perform the services under this Contract. 2. Upon request from The Children's Trust's custodian of public records, provide The Children's Trust with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt and/or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Provider does not transfer the records to The Children's Trust. 4. Upon completion of the Contract, transfer, at no cost, to The Children's Trust all public records in possession of Provider or keep and maintain public records required by The Children's Trust to perform the service. If Provider transfers all public records to The Children's Trust upon completion of the Contract, Provider shall destroy any duplicate public records that are exempt and/or confidential from public records disclosure requirements. If Provider keeps and maintains public records upon completion of the Contract, Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to The Children's Trust, upon request from The Children's Trust's custodian of public records, in a format that is compatible with The Children's Trust's information technology systems. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305.571.5700 EXT. 292, 3150 SW 3RD AVENUE, 8TH FLOOR, MIAMI, FLORIDA, 33129. In the event Provider does not comply with the public records requirements set forth in Chapter 119, Florida Statutes, and Section H of this Contract, The Children's Trust may avail itself of the remedies set forth in Sections 1: Breach of Contract and Remedies and J: Termination By Either Party of this Contract. Additionally, a Provider who fails to provide the public records as required by law within a reasonable amount of time may be subject to penalties under section 119.10, Florida Statutes. I. BREACH OF CONTRACT AND REMEDIES 1. Breach A material breach by Provider shall have occurred under this Contract as specified in other Sections of this Contract, and also if Provider, through action or omission, causes any of the following: a. Fails to comply with Background Screening, as required under this Contract or applicable law. b. Fails to provide the Services outlined in the Scope of Services, Attachment A, within the effective term of this Contract and to the satisfaction of the Children's Trust. c. Fails to correct an imminent safety concern or take acceptable corrective action, as determined by The Children's Trust. d. Improperly uses The Children's Trust's funds allocated under this Contract as defined in Attachment B: Other Fiscal Requirements, Budget and Method of Payment and/or Attachment A: Scope of Services. e. Fails to furnish or maintain the certificates of insurance required by this Contract or as determined by The Children's Trust. Page 82 of 386 Agenda Item #11.10 f. Fails to meet or satisfy the conditions of award required by this Contract. g. Fails to submit, or submits incorrect or incomplete, proof of expenditures to support Services & Activities Management System (SAMIS) 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, including, but not limited to, budgets, invoices and amendments in SAMIS or any other format prescribed by The Children's Trust. h. Fails to submit, or submits incomplete or incorrect, required reports pursuant to the Scope of Services, Attachment A, in this Contract. i. Refuses to allow The Children's Trust access to records or refuses to allow The Children's Trust to monitor, evaluate and review Provider's program, including required client data. j. Fails to comply with child abuse and incident reporting requirements. k. Attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement. I. Fails to correct deficiencies found during a site visit/observation, evaluation or review within a specified reasonable time. m. Fails to meet the terms and conditions of any obligation or repayment schedule to The Children's Trust or any of its agencies. n. Fails to maintain the confidentiality of client files, pursuant to Florida and federal laws. o. Fails to fulfill in a timely and proper manner any and all of its obligations, covenants and stipulations in this Contract. p. Fails to submit an Annual Financial Statement Audit and a Program-Specific Audit, as applicable, in accordance with Section O: Records, Reports, Audits and Monitoring and Attachment D: Program- Specific Audit Requirements of this Contract. q. Fails to submit an Audit Engagement Letter for either the Annual Financial Statement Audit or the Program- Specific Audit within thirty (30) calendar days after Provider's fiscal year end. r. Fails to notify The Children's Trust within thirty (30) calendar days of nonpayment of payroll or other required taxes imposed by the federal government, state of Florida, Miami-Dade County or other authorized taxing entity. s. Fails to comply with Section T: Regulatory Compliance, #9: Mandatory Disclosure. The Children's Trust's decision not to enforce a breach of any of the provisions of this Contract does not entail waiver of such breach unless expressly provided in writing by The Children's Trust. Additionally, waiver of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 2. Remedies If Provider fails to cure any breach within thirty (30) calendar days after receiving written notice from The Children's Trust identifying the breach, The Children's Trust may pursue any or all of the following remedies: a. The Children's Trust may, at its sole discretion, enter into a written Performance Improvement Plan (PIP), if applicable, with Provider to cure any breach of this Contract as may be permissible under state or federal law. Any such remedial plan shall be an addition to this Contract and shall not affect or render void or voidable any other provision contained in this Contract, costs, or any judgments entered by a court of appropriate jurisdiction. b. The Children's Trust may suspend payment in whole or in part under this Contract by providing written notice of suspension to Provider and specifying its effective date, at least five (5) business days before said date. On the effective date of suspension, Provider may, at risk of nonpayment from The Children's Trust, continue to perform the Services in this Contract but Provider shall promptly cease using The Children's Trust logo and any other reference to The Children's Trust in connection with such Services. All payments to Provider as of the date of suspension shall cease, except that at the sole discretion of The Children's Trust, verified requests for payment for Services that were performed and/or for deliverables that were substantially completed prior to the effective date of such suspension shall be rendered. The Children's Trust may also suspend any payments in whole or in part under any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such suspension and specifying the effective date of suspension, which must be at least five (5) business days before the effective date of such suspension. In this event, The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed, at the sole discretion of The Children's Trust, prior to the effective date of such suspension. Provider shall be responsible for all direct and indirect costs associated with such suspension, including reasonable attorney fees. c. The Children's Trust may terminate this Contract by giving written notice to Provider of such termination and specifying the date of termination at least five (5) business days before the effective date of termination. In the event of such termination, The Children's Trust may: (a) request Provider to deliver to The Children's Trust clear and legible copies of all finished or unfinished documents, studies, surveys and reports prepared and secured by Provider with Trust funds under this Contract, subject to the rights of Page 83 of 386 Agenda Item #11.10 Provider as provided in Sections F: Intellectual Property and Rights to Developed Materials and G: Intellectual Property Licensing Fees and Costs; (b) seek reimbursement of any Trust funds which have been improperly paid to Provider under this Contract; (c) terminate further payment of Trust funds to Provider under this Contract, except that The Children's Trust shall continue to review and pay verifiable requests for payment for Services that were performed and/or deliverables that were substantially completed, at the sole discretion of The Children's Trust, prior to the effective date of such termination; and/or (d) terminate or cancel, without cause, any other contracts entered into between The Children's Trust and Provider by providing separate written notice to Provider of each such termination and specifying the effective date of termination, which must be at least five (5) business days before the effective date of such termination, in which event The Children's Trust shall continue to review and pay verifiable requests for payment as provided for in such other contracts for services that were performed and/or for deliverables that were substantially completed, at the sole discretion of The Children's Trust prior to the effective date of such termination. Provider shall be responsible for all direct and indirect costs associated with such termination, including reasonable attorney fees. d. The Children's Trust may seek enforcement of this Contract, including, but not limited to, filing an action with a court of appropriate jurisdiction. Provider shall be responsible for all direct and indirect costs associated with such enforcement, including reasonable attorney fees, costs and any judgments entered by a court of appropriate jurisdiction, including all direct and indirect costs and reasonable attorney fees through conclusion of all appellate proceedings, and including any final settlement or judgment. J. TERMINATION OF THE CONTRACT The Parties agree that this Contract may be terminated by either party with written notice to the other party of intent to terminate at least thirty (30) calendar days prior to the effective date of such termination. Notwithstanding any other provision in this Contract, in the event The Children's Trust determines that Provider engaged in fraud, misrepresentation or material misstatement, or that it is in the best interest of The Children's Trust to terminate this Contract, The Children's Trust may do so by giving written notice to Provider of such termination and specifying the effective date thereof at least twenty-four (24) hours before the effective date of termination. The provisions of Section G: Intellectual Property Licensing Fees and Costs and Section O: Records, Reports, Audits and Monitoring shall survive the expiration or termination of this Contract. K. INSURANCE REQUIREMENTS All Providers, Except State Agencies or Subdivisions Upon execution of this Contract, or on the date commencing the effective term of this Contract, whichever is earlier, Provider's insurance agent(s) shall submit the following, as may be applicable, to insurance@thechildrenstrust.org: 1) certificates of insurance naming The Children's Trust as an additional insured and the certificate holder on all applicable policies; and all applicable policies shall be maintained in full force and effect for the entire term of this Contract; or 2) A letter of self-insurance indicating coverage applicable to a Florida municipal corporation required under this section or as determined by The Children's Trust, except as required by Florida law for government entities. Provider's failure to comply with this section shall be a material breach of this Contract. The Children's Trust will not disburse any funds under this Contract until all required certificates of insurance or letter(s) of self-insurance have been provided to and have been approved by The Children's Trust. Provider will carry insurance policies in the amounts and with the requirements indicated below: 1. Workers' compensation insurance covering all employees, non-incorporated independent contractors or consultants, and incorporated independent contractors or consultants that do not have workers' compensation coverage or a valid state of Florida exemption on file with the Department of Labor, as required by Florida Statutes, Chapter 440. Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. In the event that the Provider is no longer exempt from obtaining workers' compensation insurance, the Provider must notify The Children's Trust and provide the necessary certificate of insurance upon the termination of the exemption. The employer's liability portion will be a minimum of $500,000.00/$500,000.00/$500,000.00. 2. Comprehensive general liability insurance, which shall include a rider or separate policy for sexual molestation liability, in an amount not less than $500,000.00 combined single limit per occurrence and $1,000,000.00 aggregate in a policy year. The Children's Trust must be designated and shown as an additional insured and the certificate holder with respects to this coverage. The general liability policy must contain coverage for the following: a. Bodily injury b. Property damage c. No exclusions for abuse, molestation or corporal punishment d. No endorsement for premises, only operations Page 84 of 386 Agenda Item #11.10 3. Automobile liability coverage for all owned and/or leased vehicles of Provider, and non-owned coverage for its employees and/or subcontractors and transportation companies transporting program participants. The amount of coverage is $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an additional insured and the certificate holder with respect to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage, such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. Transportation companies used by the Provider for the funded program must list The Children's Trust as a certificate holder and as an additional insured. 4. Automobile liability coverage for all owned and/or leased vehicles of Provider, and non-owned coverage for its employees and/or subcontractors not transporting program participants. The minimum amount of coverage is $300,000.00 combined single limit per occurrence for bodily injury and property damage. The Children's Trust must be designated and shown as an 'Additional Insured as Its Interests May Appear" with respect to this coverage. Coverage can be purchased as non-owned without hired auto coverage when the cost is prohibitive for hired automobile coverage, such as the case with the Florida Automobile Joint Underwriting Association; but rental cars cannot be used in the course of Provider's regular operations. Rental cars may be used for travel to attend conferences outside the tri-county area. 5. If applicable, special events coverage, as determined by The Children's Trust. The liability coverage will be the same as the coverage and limits required for comprehensive general liability, and The Children's Trust must be designated and shown as 'Additional Insured as Its Interests May Appear." Special events policies are for short-term functions and not meant to replace annual liability policies. The coverage is for the day or days of the event and must provide coverage the day prior and the day following the event. 6. If applicable, professional liability insurance, as determined by The Children's Trust, with coverage amounts determined by The Children's Trust, but not less than $250,000.00 per claim and in the aggregate. Defense costs may be inside the limits of liability and the policy can be written on claims made form. Professional liability insurance is generally required when the Scope of Services uses professional services that require certification or license(s) to provide direct services to program participants. 7. If applicable, cyber security insurance with coverage amounts determined by The Children's Trust, but not less than $1,000,000.00 for the effective term of the Contract and any renewals. 8. Proof of property coverage is required for all capital equipment greater than or equal to $10,000.00, and when Provider has capital equipment owned by The Children's Trust and said capital equipment is under the care, custody and control of Provider. The Children's Trust must be shown on the evidence of property coverage as a Loss Payee. Property coverage shall survive the expiration or termination of this Contract until such time the ownership of the capital equipment is transferred to Provider, or such capital equipment is returned to The Children's Trust. 9. All required coverages may be afforded via commercial insurance, self-insurance, a captive or some combination thereof. Certificate Holder Certificate holder must read: The Children's Trust 3150 SW 3rd Avenue, 8th Floor Miami, FL 33129 Classification and Rating If the coverage will be provided via commercial insurance, all required policies listed 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 W as the financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the reasonable approval of The Children's Trust. 2. Provider and or Provider's insurance agent, as applicable, shall notify The Children's Trust, in writing, of any material changes in insurance coverage, including, but not limited, to any renewals of existing insurance policies, not later than thirty (30) calendar days prior to the effective date of making any material changes to the insurance coverage except for 10 (ten) calendar days for lack of payment changes. Provider shall be responsible for ensuring that all applicable insurances are maintained and submitted to The Children's Trust for the duration of this Contract. 3. In the event of any change in Provider's Scope of Services, Attachment A, The Children's Trust may increase, waive or modify, in writing, any of the foregoing insurance requirements. Any request by a Page 85 of 386 Agenda Item #11.10 Provider to decrease, waive or modify any of the foregoing insurance requirements must be approved, in writing, by The Children's Trust prior to any such decrease, waiver or modification. 4. In the event that an insurance policy is canceled, lapses or expires during the effective period of this Contract, The Children's Trust shall withhold all payments to Provider until a new certificate of insurance, as required under this Contract, is submitted and approved by The Children's Trust. The new insurance policy shall cover the time period commencing from the date of cancellation of the prior insurance policy. Provider shall submit the required certificate of insurance within thirty (30) calendar days of cancellation, lapse or expiration. Failure to provide said certificate of insurance will be considered a material breach of the Contract, which may result in The Children's Trust waiving payment or terminating the Contract. 5. The Children's Trust may require Provider to furnish additional and different insurance coverage, or both, as may be required from time to time under applicable federal or state laws or The Children's Trust's requirements. Provision of insurance by Provider, in no instance, shall be deemed to be a release, limitation, or waiver of any claim, cause of action or assessment that The Children's Trust may have against Provider for any liability of any nature related to performance under this Contract or otherwise. All insurance required hereunder may be maintained by Provider pursuant to a master or blanket policy or policies of insurance. Insurance Requirements for State of Florida Agencies or Political Subdivisions As an agency or political subdivision of the State of Florida, Provider agrees it is subject to the express provisions and limitations of section 768.28, Florida Statutes. L. PROOF OF TAX STATUS Provider is required to keep and have the following documentation readily available for review by The Children's Trust: 1. An Internal Revenue Service (IRS) tax status determination letter, if applicable. 2. The two (2) most recent IRS form 990 or applicable tax return filing within six (6) months of the end of Provider's fiscal year or other appropriate filing period permitted by law. 3. IRS form 941: employer's quarterly federal tax return. If required by The Children's Trust, Provider agrees to submit form 941 within the timeframe established by IRS Publication 15, and if applicable, all state and federal unemployment tax filings. If form 941 and unemployment tax filings reflect a tax liability, then proof of payment must be submitted within sixty (60) calendar days after the quarter ends. M. NOTICES Written notices pursuant to this Contract shall be sent via electronic mail or postal mail for each party appearing on the first page of this Contract. Notices to The Children's Trust shall be marked to the attention of its president/CEO. Notices to Provider shall be marked to the authorized official identified on page 1 of this contract. Each party is responsible for advising the other party, in writing, of any changes to responsible personnel for accepting notices under this Contract, electronic address, mailing address, and/or telephone number. N. AUTONOMY The Parties agree that this Contract recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting Parties. Provider is only a recipient of funding support and is not an employee, agent or instrumentality of The Children's Trust, and Provider's agents and employees are not agents or employees of The Children's Trust. O. RECORDS, REPORTS, AUDITS AND MONITORING 1. Accounting Records Provider shall keep accounting records that conform to generally accepted accounting principles (GAAP). In addition to any requirements for retaining records pursuant to Section H, Public Records, all such records will be retained by Provider for not less than five (5) years beyond the last date that all applicable terms of this Contract have been complied with, final payment has been received and appropriate audits have been submitted to and accepted by The Children's Trust. 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, then 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, whichever is later. 2. Financial Statement Audit Within one hundred eighty (180) calendar days from the close of its fiscal year, Provider's independent certified public accounting firm (CPA) must electronically submit to The Children's Trust all the following documents, which together comprise an Annual Financial Statement Audit conducted in accordance with GAAP and standards contained in Government Auditing Standards issued by the Comptroller General of the United States (The Yellow Book). The required items are: a. An annual financial statement audit, performed by a CPA firm that is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation. Page 86 of 386 Agenda Item #11.10 b. An Annual Financial Statement Audit conducted in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Auditing Standards. c. Written communication encompassing the requirements of AU-C section 265, "Communicating Internal Control Related Matters Identified in an Audit." d. Written communication encompassing the requirements of AU-C section 260, "The Auditor's Communication With Those Charged With Governance." e. A Single Audit conducted in accordance with OMB "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" or the Florida Single Audit Act, Florida Statutes 215.97, if applicable. f. A management letter; if no management letter is prepared by Provider's CPA firm, then the CPA firm must expressly confirm, in writing, that no management letter was issued. If Provider's Annual Financial Statement Audit is prepared by the Florida Auditor General, then the due date for submitting the annual financial statement audit, as defined, is two hundred seventy (270)calendar days after the close of Provider's fiscal year. If Provider is required to have a Single Audit, it agrees to have its CPA firm submit the schedule of expenditures pertaining to awards, summary schedule of prior audit findings, applicable auditor's reports and the corrective action plan, if applicable. 3. Program-Specific Audit Within one hundred eighty (180) calendar days of the close of its fiscal year, Provider is required to provide a Program- Specific Audit related to the Contract to The Children's Trust, in addition to the Annual Financial Statement Audit. The Program-Specific Audit shall be performed by an independent CPA firm that: is licensed and registered to conduct business with the Florida Department of Business and Professional Regulation; has performed audits under Government Auditing Standards; and is either a member of the AICPA or FICPA peer review program to include government engagement reviews. This Program-Specific Audit must encompass an audit of The Children's Trust's Contract(s) as specified in Attachment D: Program-Specific Audit Requirements. 4. Audits Submission Method The Provider's CPA firm must transmit Provider's annual financial statement audit and the required Program-Specific Audit related to the Contract to The Children's Trust, within the timeframe specified above in Section O, subsections 2 and 3, via electronic mail or through another online system identified by The Trust, unless otherwise previously agreed upon, in writing, by the Trust and Provider. S. Audit Extensions Audit extensions may be granted by The Children's Trust upon receipt, in writing, of such request with appropriate justification by Provider and for a period of time not to exceed sixty (60) calendar days after the initial due date. A copy of the engagement letter, along with the anticipated audit completion date and any concerns from Provider's CPA firm related to the audit must accompany the request. Approved audit extension requests allow for the continuation of payment until such time that the extension expires. In the event that either the Annual Financial Statement Audit or the Program-Specific Audit is not received in a timely manner and in accordance with the previously stated due dates and an audit extension has not been approved, then The Children's Trust shall withhold all payments to Provider until the documents are received and deemed by The Children's Trust. 6. Engagement Letters Audit engagement letters are due to The Children's Trust thirty (30) calendar days after the end of Provider's fiscal year. Provider agrees to submit an audit engagement letter electronically to . Failure to submit an audit engagement letter may result in a breach of Contract, or other remedy, as deemed appropriate by The Children's Trust. 7. List of Approved Certified Public Accounting Firms To receive reimbursement for the preparation of the Program-Specific Audit, as defined, Provider must choose from a list of approved CPA firms, which are posted on The Children's Trust's website. Inclusion in this pre-approved CPA vendor pool requires a CPA firm to meet three (3) criteria, which are enumerated in Attachment B: Other Fiscal Requirements, Budget and Method of Payment. 8. Access to Records Provider shall permit access to all records, including subcontractor records, as per the Supporting Documentation Requirements in Attachment B: Other Fiscal Requirements, Budget and Method of Payment, which relate to this Contract at its place of business during regular business hours at a date and time mutually agreed upon by Provider and The Children's Trust. Provider agrees to deliver such assistance as may be necessary to facilitate a review or audit by The Children's Trust to ensure compliance with applicable accounting, financial and programmatic standards. This would include access by The Page 87 of 386 Agenda Item #11.10 Children's Trust, or its designee, to Provider's independent auditor's work papers for complying with federal, state and local requirements. The Children's Trust reserves the right to require Provider to submit to an audit by an auditor of The Children's Trust's choosing and at The Children's Trust's expense. 9. Program Metrics Provider agrees to permit The Children's Trust personnel or The Children's Trust contracted agents/consultants to perform random scheduled and/or unscheduled site visits, reviews and evaluations of the program which is the subject of this Contract, including any subcontracts under this Contract. Provider shall permit The Children's Trust or contracted agents to conduct site visits, client interviews, client assessment surveys, fiscal/administrative review and other assessments deemed reasonably necessary at the sole discretion of The Children's Trust. Program Metrics reports, which provides real time data can be accessed through Trust Central. Administrative or Fiscal findings will be discussed with Provider and, in accordance with specifications provided by The Children's Trust, Provider will remedy all deficiencies cited in the report from Trust Central as described in Section 1: Breach of Contract and Remedies. To the extent permitted by law, school-based health Providers shall permit public health authorities and health oversight agency (ies), that are charged with supervising health services program in schools, to conduct oversight and regulatory activities authorized by law. 10. Client Records School-based Health Providers only School Health Programs are comprehensive services and shall be provided to in accordance with section 381.0056, Florida Statutes. Provider agrees and shall require all sub-contractors to comply with all applicable state and federal privacy and confidentiality laws, as relevant to the services provided under this contract. The Florida Department of Health is statutorily authorized to review school health records of all students enrolled in the public-school system, regardless of the form in which these records are kept, at all reasonable times for as long as records are retained and in accordance with applicable law. All other Providers Provider shall make available to The Children's Trust expects all required information, as provided in Attachment A: Scope of Services and Attachment C: Data Requirements and Program Metrics, to be entered directly in the electronic data reporting system. If the Provider chooses to maintain physical records for participants, Provider agrees to comply with all applicable state and federal laws on privacy and confidentiality. All Providers Safeguards of Electronic Protected Health Information (ePHI) The Children's Trust and Provider agree to use appropriate safeguards to prevent use or disclosure of protected health information (PHI), covered under Health Insurance Portability and Accountability Act of 1996 (HIPAA) security regulations, that is produced, saved, transferred or received in an electronic form. The parties shall maintain a comprehensive written information security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of their respective operations. Provider maintains that it will use appropriate safeguards to protect the confidentiality, integrity, and availability of the PHI and ePHI that are created, received, maintained, or transmitted. 11. Internal Documentation/Records Retention Provider agrees to maintain and, upon request of The Children's Trust, provide for inspection by The Children's Trust during regular business hours the following, as may be applicable and subject to applicable confidentiality requirements: (1) personnel files of employees, which include hiring records, background screening affidavits, job descriptions, verification of education and evaluation procedures; (2) authorized time sheets, records and attendance sheets to document the staff time billed to provide Services pursuant to this Contract; (3) daily activity logs and monthly calendars of the provision of Services pursuant to this Contract; (4) training modules; (5) pre- and post-session questionnaires; (6) all participant attendance records; (7) participant consent and information release forms; (8) agency policies and procedures; and (9) such other information related to Services provision as described in Attachment A: Scope of Services and as required by this Contract. In addition to any requirements for retaining records pursuant to Section H, Public Records, Provider shall retain all records for not less than five (5) 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 Children's Trust and/or other appropriate agency. 12. Confidentiality Provider and The Children's Trust understand that during the course of performing the Services hereunder, each party may have access to certain confidential and proprietary information and materials of the other party in order to further performance of the Services. The Parties shall protect confidential information, comply with applicable federal and state laws on confidentiality, and engage in measures to prevent unauthorized use, dissemination or publication of confidential information regardless of the source of such information. Any information determined to be confidential must be clearly marked as such. The Parties shall not disclose confidential information to any third party (except that such information may be disclosed to such party's attorneys), or to any employee of such party who does not have a need to know such information, which need is related to performance of a responsibility hereunder. However, this Contract imposes no Page 88 of 386 Agenda Item #11.10 obligation upon the Parties with respect to confidential information which: (a) was lawfully known to the receiving party before receipt from the other; (b) is or becomes a matter of public knowledge through no fault of the receiving party; (c) is rightfully received by the receiving party from a third party without restriction on disclosure; (d) is independently developed by or for that party; (e) is disclosed under operation of law; (f) is disclosed by the receiving party with the other party's prior written approval; or (g) is subject to Chapter 119 of the Florida Statutes or is otherwise required to be disclosed by law. In any event, Provider shall be responsible for defending its claim that any information submitted to The Children's Trust is confidential, trade secret, or otherwise exempt from inspection and copying under Florida's Public Records Law, including, but not limited to, defending or indemnifying The Children's Trust in the event that a claim or case is brought against The Children's Trust, subject to the limitations set forth in section 768.28, Florida Statutes. Provider shall specifically require all subcontractors to comply with this paragraph. The confidentiality provision of this Contract shall remain in full force and effect after the termination of this Contract. 13. Data Security Obligation A. Standard of Care 1. Provider acknowledges and agrees that, in the course of its Contract with The Children's Trust, Provider may, directly or indirectly, receive or have access to Sensitive Personal Identifiable Information (Sensitive PII) or Personal Identifiable Information (PII). Sensitive PII is defined as an individual's (i) government-issued identification number (including, without limitation, social security number, driver's license number or state-issued identified number); (ii) financial account number, credit card number, debit card number, credit report information, with or without any required security code, access code, personal identification number or password, that would permit access to an individual's financial account; or (iii) biometric or health data. PII is defined as Sensitive PII or any of the following: i. An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: 1. A social security number; 2. A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; 3. A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; 4. Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or 5. An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. ii. User name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. Notwithstanding the foregoing, PII shall not include information (1) about an individual that has been made publicly available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. Provider shall comply with the terms and conditions set forth in this Contract in its collection, receipt, transmission, storage, disposal, use and disclosure of such Sensitive PII or PII, and shall be responsible for the unauthorized collection, receipt, transmission, access, storage, disposal, use and disclosure of Sensitive PII or PII under its control or in its possession. Furthermore, Provider shall be responsible for the actions and omissions of all Authorized Persons concerning the treatment of such Sensitive PII or PII as if they were Provider's own actions and omissions. Authorized Persons is defined as (i) Provider's employees who have a need to know or otherwise access PII to enable Provider to perform its obligations under this Contract. ; or (ii) Provider's subcontractors approved by The Children's Trust who have a need to know or otherwise access PII to enable Provider to perform its obligations under this Contract, and who are bound in writing by confidentiality obligations sufficient to protect PII in accordance with the terms and conditions of this Contract. 2. All data collected on behalf of The Children's Trust is deemed to be property of The Children's Trust and is not property of Provider. 3. In recognition of the foregoing, Provider agrees and covenants that it shall: Page 89 of 386 Agenda Item #11.10 a. Keep and maintain all such Sensitive PII or PII strictly confidential. b. Use and disclose Sensitive PII or PII solely and exclusively for the purposes for which the Sensitive PII or PII, or access to it, is provided pursuant to the terms and conditions of this Contract, and shall not divulge, communicate, use, sell, rent, transfer, distribute, or otherwise disclose or make available Sensitive PII or PII for Provider's own purposes or for the benefit of anyone other than The Children's Trust, without The Children's Trust's prior written consent, which may be withheld in The Children's Trust's sole and absolute discretion. c. Not, directly or indirectly, disclose Sensitive PII or PII to an Unauthorized Third Party, without express written consent from The Children's Trust, which may be withheld in its sole and absolute discretion. An Unauthorized Third Party is any person other than an Authorized Person. If any person or authority makes a demand on Provider purporting to legally compel it to divulge any Sensitive PII or PII, Provider shall (i) immediately notify The Children's Trust of the demand before such disclosure so that The Children's Trust may first assess whether to challenge the demand prior to Provider's divulging of such Sensitive PII or PII; (ii) be responsible to The Children's Trust for the actions and omissions of such Unauthorized Third Party concerning the treatment of such Sensitive PII or PII as if they were Provider's own actions and omissions; and (iii) require the Unauthorized Third Party that has access to Sensitive PII or PII to execute a written Contract agreeing to comply with the terms and conditions of this Contract relating to the treatment of Sensitive PII or PII. Provider shall not divulge such Sensitive PII or PII until The Children's Trust has concluded not to challenge the demand, has exhausted its challenge, including appeals, if any. B. Sensitive Personal Identifiable Information or Personal Identifiable Information Security Provider shall protect and secure data in electronic form containing such Sensitive PII or PII. At a minimum, Provider's safeguards for the protection of Sensitive PII or PII shall include: 1. Encrypting, securing or modifying such Sensitive PII or PII by any method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. 2. Limiting access of Sensitive PII or PII to Authorized Persons. 3. Securing business facilities, data centers, paper files, servers, back-up systems and computing equipment, including, but not limited to, all mobile devices and other equipment with information storage capability. 4. Implementing network, device application, database and platform security. 5. Securing information transmission, storage and disposal; and implementing authentication and access controls within media, applications, operating systems and equipment. 6. Encrypting Sensitive PII or PII stored on any mobile media. 7. Encrypting Sensitive PII or PII transmitted over public or wireless networks. 8. Implementing appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting background checks consistent with applicable law, as required by The Children's Trust from time to time. 9. Providing written copies of appropriate privacy and information security training to Provider's employees, as required by and to The Children's Trust. 10. Purchasing and maintaining cyber insurance coverage, as The Children's Trust deems necessary in its sole and absolute discretion. a. Provider shall dispose, or arrange for the disposal, of customer records that contain Sensitive PII or PII within its custody or control when the records are no longer required to be retained pursuant to Sections H and O. Such disposal shall involve shredding, erasing or otherwise modifying Sensitive PII or PII in its control or possession to make it unreadable or undecipherable. b. During the term of each Authorized Person's employment by Provider, Provider shall at all times cause such Authorized Persons to abide strictly by Provider's obligations under this Contract. Provider further agrees that it shall maintain a disciplinary process to address any unauthorized access, use or disclosure of Sensitive PII or PII by any of Provider's officers, directors, partners, principals, employees, agents or contractors. Upon The Children's Trust's request, Provider shall promptly identify all Authorized Persons as of the date of such request to The Children's Trust in writing. c. Upon The Children's Trust's written request, Provider shall provide The Children's Trust with a network diagram that outlines Provider's information technology network infrastructure and all equipment used in relation to fulfilling its obligations under this Contract, including, without limitation: (i) connectivity to The Children's Trust and all third parties who may access Provider's network to the extent the network contains Sensitive PII or PII; (ii) all network connections including remote access s and wireless connectivity; (iii) all access control devices, such as (solely by way of example) firewalls, packet filters, intrusion detection and access-list routers; (iv) all back-up or redundant servers; and (v) permitted access through each network connection. Page 90 of 386 Agenda Item #11.10 C. Security Breach Procedures For purposes of this Contract, "Security Breach" is defined as unauthorized access of data in electronic form containing Sensitive PII or PII or a breach or alleged breach of this Contract relating to such privacy practices. Good faith access of Sensitive PII or PII by an employee or agent of the covered entity shall not constitute a breach of security under this Contract, so long as the information is not used for a purpose unrelated to the business of The Children's Trust, or as a result of any other unauthorized use. In the event of a Security Breach, Provider shall: 1. Notify The Children's Trust of a Security Breach immediately, but not later than forty eight (48) hours, after Provider becomes aware of it by emailing The Children's Trust with a read receipt at ; and with a copy of such email to Provider's contract manager at The Children's Trust. The notice shall include, at a minimum: (1) the date, estimated date, or estimated date range of the Security Breach; and (2) a description of the Sensitive PII or PII that was accessed or reasonably believed to have been accessed as a part of the Security Breach. 2. To the extent legally permissible, confer with The Children's Trust prior to informing any third party of any Security Breach related to this Contract. Provider and The Children's Trust shall communicate regarding: (i) whether notice of the Security Breach is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies or others as required by law regulation, or otherwise; and (ii) the contents of such notice, whether any type of remediation may be offered to affected persons, and the nature and extent of any such remediation. 3. Take steps to immediately remedy any Security Breach and prevent any further Security Breach at Provider's expense in accordance with applicable privacy rights, laws, regulations and standards, or as otherwise required by The Children's Trust in its sole and absolute discretion. Provider shall be solely responsible for all costs associated with a Security Breach and The Children's Trust may seek to recover any costs it expends as a result of such breach from Provider. 14. Withholding of Payment At the sole discretion of The Children's Trust, payment may be withheld if Provider or Subcontractor fail to comply with the terms of this Contract. The Children's Trust will only make payment upon satisfactory compliance with the contractual terms as solely determined by The Children's Trust. P. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Contract, including, but not limited to, amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both Parties. Q. GOVERNING LAW AND VENUE This Contract shall be interpreted and construed in accordance with and governed by the laws of the state of Florida without regard to its conflicts of law provisions. Any controversies or legal problems arising out of the terms of this Contract and any action involving the enforcement or interpretation of any rights hereunder shall, to the exclusion of all others, be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami-Dade County, Florida. R. STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS Level 2 background screenings must be completed through the Satisfactory background screening documentation will be accepted from those agencies that already conduct business with either the Florida Department of Children and Families (DCF), the Florida Department of Juvenile Justice (DJJ) or Miami-Dade County Public Schools (M-DCPS). In addition: 1. Provider shall complete Attachment E-1: Affidavit for Level 2 Background Screenings. The affidavit shall cover employees, volunteers and subcontractors performing services under this Contract who are required to complete a Level 2 background screening as defined in this section. 2. Provider shall complete Attachment E-2: Child Care Affidavit of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements. 3. Provider shall maintain Attachment E-1: Affidavit for Level 2 Background Screenings, Attachment E-2: Child Care Attestation of Good Moral Character, Attachment E-3: Child Abuse & Neglect Reporting Requirements and Attachment E-4: Background Screening & Personnel File Requirements, in Provider's personnel, volunteers, and subcontractors' files. 4. Provider shall ensure that all employees, volunteers and/or subcontractors complete Level 2 background screening no later than every five (5) years. Page 91 of 386 Agenda Item #11.10 Provider is required to review annually, at minimum, the -u Siodin National Sex Offender Public Websit (NSOPW). School-based Health Providers only All school staff members or sub-contracted agency personnel assigned to work at a site where they have access to children must satisfy Level 2 background screening requirements and comply with all necessary school procedures prior to commencing services within M-DCPS or doing any work for The Children's Trust related to this contract. Pursuant to section 1012.32, Florida Statutes, non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, have direct contact with students or have access to or control of school funds must meet Level 2 background screening requirements. All of Provider's employees who work in a school must satisfy Level 2 background screening requirements as provided in section 1012.32, Florida Statutes. All employees who work in a school must inform their employer within 48 hours if convicted of any disqualifying offenses included in M-DCPS's Employee Manual, while he or she is employed or under contract in that capacity. If Provider employs a person, under this contract or with The Children's Trust's funds, to work in a school who does not satisfy Level 2 background screening requirements, the employee shall be immediately suspended from working in that capacity. A clearance letter or an identification badge issued by M-DCPS will be accepted as proof that the employee satisfactorily completed background screening. A copy of said clearance letter or identification badge must be on file for each employee hired to work within the school setting. All other Providers Subject to the provisions, limitations and exceptions of all relevant statutory provisions, including sections 1012.465 and 1012.468, Florida Statutes, all employees, volunteers and subcontracted personnel who work in direct contact with children or who may come into direct contact with children at the site in question must complete a Level 2 background screening and comply with the requirements thereto prior to commencing work pursuant to this Contract. This requirement applies to all volunteers who provide more than 10 hours of service in any given calendar year to children, youth and their families. Occasional or transient repair or maintenance persons, vendor representatives, contractors or subcontractors who have not completed a Level 2 background screening and appear on the site should be escorted to their work areas and supervised for the entire time they are present on the site by a member of Provider's staff who has satisfactorily completed a Level 2 background screening. S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES Provider understands that The Children's Trust expects Provider to comply with all relevant provisions of the Americans with Disabilities Act and other state, federal or local laws that mandate the accessibility of programs, services and benefits for persons with disabilities. The Children's Trust also requires Provider implement reasonable programmatic accommodations to include children with disabilities and their families, whenever possible. T. REGULATORY COMPLIANCE 1. Nondiscrimination and Civil Rights Provider shall not discriminate against an employee, volunteer or client of Provider based on an individual's protected class, which includes race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, source of income, or actual or perceived status as a victim of domestic violence, dating violence or stalking. Provider shall have standards, policies and practices necessary to render services in a manner that respects the worth of the individual, and protects and preserves an individual's dignity. Additionally, Provider agrees to abide by Chapter 11A of the Code of Miami-Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which, among other things, prohibits discrimination in employment and public accommodations, and by local governments on the basis of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, The Children's Trust shall have the right to terminate all or any portion of this Contract. If Provider or any owner, subsidiary, or other firm affiliated with or related to Provider, is found by the responsible enforcement agency or the courts to be in violation of these laws, said violation will be a material breach of this Contract and The Children's Trust will conduct no further business with Provider. Page 92 of 386 Agenda Item #11.10 2. Public Entities Crime Act Provider will not violate the Public Entities Crimes Act, section 287.133, Florida Statutes, which applies to a person or affiliate who is a Provider, consultant or other direct service provider and who has been placed on the convicted vendor list following a conviction for a public entity crime. Such person or affiliate may not: (a) submit a bid on a Contract to provide any goods or services; (b) submit a bid for the construction or repair of a public building or public work; (c) submit bids on leases of real property; (d) be awarded or perform work as a Provider supplier, subcontractor or consultant; and (e) transact any business in excess of the threshold amount provided in section 287.017, Florida Statutes, for certain statutorily defined purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Contract and recovery of all monies paid hereto, and may result in debarment from The Children's Trust's competitive procurement activities. 3. Conflict of Interest Provider represents that the execution of this Contract does not violate Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance or Chapter 112, Part III, Florida Statutes, as amended, which are incorporated by reference as if fully set forth herein. Provider agrees to abide by and be governed by these conflict of interest provisions throughout the course of this Contract and in connection with its obligations hereunder. (Refer to l�N. ;�Ui�s.iTilatlliUtiUC'.�Uy;lu��:��y;LyiO iJuCiliCdi.iVc �-�1i0i5eL 1 conflict of interest and code of ethics ordinance jan16.pdi). In addition, Provider agrees to: Prohibit members of the Provider's board of directors from directly or indirectly receiving any funds paid by The Children's Trust to the Provider under this Contract. • Prohibit members of the Provider's board of directors from voting on matters relating to this Contract which may result in the board member directly or indirectly receiving funds paid by the Provider under this Contract. • Prohibit members of the Provider's board of directors from voting on any matters relating to this Contract if they are related to the person or entity seeking a benefit as 1) an officer, director, partner, of counsel, consultant, employee, fiduciary, beneficiary, or 2) a stockholder, bondholder, debtor, or creditor. • Prohibit employees of the Provider from directly or indirectly receiving any funds paid by The Children's Trust to the Provider under this Contract, with the exception of the employee's salary and fringe benefits or portion of the employee's salary and fringe benefits included in Attachment B. • Maintain a written nepotism and conflict of interest policy that applies to hiring, providing services to clients, and procuring supplies or equipment. • Immediately disclose and justify in writing to The Children's Trust any business transactions between the Provider on one side, and its board member(s) or its staff on the other side, as well as all related-party transactions with shareholders, partners, officers, directors, or employees of any entity that is doing business with the Provider that are funded, partially or entirely, under the Contract with The Children's Trust, or are in any way related to The Children's Trust-funded program. 4. Compliance with Sarbanes-Oxley Act of 2002 Provider shall comply with applicable provisions of the Sarbanes-Oxley Act of 2002, including the following: a. Provider agrees not to alter, cover up, falsify, or destroy any document that may be relevant to an official investigation. b. Provider agrees not to punish whistleblowers or retaliate against any employee who reports suspected cases of fraud or abuse. 5. Licensing Provider (and subcontractor, as applicable,) shall obtain and maintain in full force and effect during the term of this Contract any and all licenses, certifications, approvals, insurances, permits and accreditations required by the state of Florida, Miami-Dade County, relevant municipalities, The Children's Trust or the federal government. Provider must be qualified and registered to do business in the state of Florida both prior to and during the Contract term with The Children's Trust. 6. Incident Reporting An incident is defined as any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a child participating in the program. Reportable incidents include, but are not limited to, allegations of abuse, neglect or exploitation of a child; injury of a participant; missing child or abandoned child; loss of property use for the program; or destruction of property used in the program. Incident definitions can be found on the sample incident report form located on The Children's Trust website. Page 93 of 386 Agenda Item #11.10 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 (800.962.2873), as required by Chapters 39 and 415, Florida Statutes, Provider and its employees are mandated to report any such suspicions. Provider shall notify the contract manager of any incident as defined within three (3) calendar days after Provider is informed of such incident. The notification must be in writing and include a copy of the incident report. The report must contain the following: 1. Name of reporter(person giving the notice) 2. Name and address of victim and guardian 3. Phone number where reporter can be contacted 4. Date, time and location of incident 5. Complete description of incident and injuries, if any Police report and actions taken shall be submitted to The Children's Trust within fifteen (15) calendar days of the incident. Provider shall provide written notification to The Children's Trust, within seven (7) calendar days of any legal action related to the incident. 7. Sexual Harassment Provider shall complete an incident report in the event a program participant, client or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or anyone involved with service arising out of the performance of this Contract, and Provider has knowledge thereof. Provider shall provide written notification to The Children's Trust within three (3) business days after Provider is informed of such an allegation. Provider shall submit written notification to The Children's Trust within seven (7) business days of any legal action which is filed as a result of such an alleged incident. 8. Proof of Policies Provider and subcontractor, as applicable, shall keep on file copies of their policies, including, but not limited to, confidentiality, incident reporting, sexual harassment, nondiscrimination, equal opportunity and/or affirmative action, Americans with Disabilities Act, and drug-free workplace. 9. Mandatory Disclosure Provider shall disclose to The Children's Trust all administrative proceedings, active investigations and legal actions (collectively referred to as 'Actions") that it is a party to or witness related to any program funded by The Children's Trust. Provider shall notify its assigned Contract Manager within ten (10) days of the Provider becoming aware of such Actions. Failure to comply with this requirement could be deemed a material breach of this Contract, as determined in the sole discretion of The Children's Trust. Additionally, The Children's Trust, in its sole discretion, will determine whether such Actions could have an adverse impact on the Provider's ability to deliver the contractual services and whether to terminate this Contract. U. CONSENT Provider must obtain parental/legal guardian consent for all minor participants to participate and/or for adult participants in the program for Services, and to share information with The Children's Trust for monitoring and evaluation purposes. Additionally, prior to taking or using still photographs, digital photographs, motion pictures, television transmissions and/or videotaped recordings (collectively referred to as "Recordings") of participants, Provider shall ask participants to sign a voluntary Authorization for Photograph/Video form located on The Children's Trust's website. The form is produced in English, Spanish and Haitian Creole and shall be made available to Provider. Any refusal of consent must be properly documented and signed by the parent or legal guardian on the consent form. V. PROGRAMMATIC DATA REPORTING Demographic and service information on program participants will be provided to The Children's Trust as part of The Children's Trust's research mission. Provider agrees to comply and participate in any data collection reporting, including participant data as required by The Children's Trust and described in Attachment C: Data Requirements and Program Progress Metrics, are subject to confidentiality requirements. In addition, Provider agrees to furnish The Children's Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Children's Trust, and as described in Attachments A: Scope of Services and C: Data Requirements and Program Progress Metrics. W. MARKETING & PUBLICITY Provider or its contracted departments shall distribute a news release to local news media outlets announcing it has been awarded funding by The Children's Trust. Provider shall prominently place a Children's Trust program sign decal on the main entry door or front window of each of its Trust-funded site locations (unless such placement of signage is specifically prohibited by Provider's lease). Provider shall display the official Children's Trust logo on the home page of its website (if Provider maintains a website) and link it to The Children's Trust website or, if Provider maintains another page on its website Page 94 of 386 Agenda Item #11.10 that displays the names and logos of its funding partners, Provider shall include the official Children's Trust logo on that page and link it to The Children's Trust website ( ). If the funded program is part of a larger entity, such as a university, the logo may be placed on the web page dedicated to that program on the Provider's website. Provider shall in addition include the following paragraph, along with the logo, on the web page dedicated to the program funded by this Contract, or elsewhere on its website (in English/Spanish or English/Haitian Creole or all three languages, depending upon population served): English: [Provider Program Name] is funded by The Children's Trust. The Children's Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami-Dade County. Espanol: EI [Provider Program Name] esta financiado por The Children's Trust. The Children's Trust es una fuente de financiaci6n, creada por los votantes en referendum para mejorar la vida de los ninos y las familias en Miami-Dade. Kreyol: Se Children's Trust ki finanse[Pwogram Sa-a]. Children's Trust se yon sous finansman elekte Miyami-Dade to kreye nan yon referand6m. Finansman sa a dedye you pwogram k'ap amelyore lavi ti moun ak fanmi yo. Note: In cases where funding by The Children's Trust represents only a percentage of Provider's overall funding, the above language can be altered to read "[Provider Program Name] is funded in part by The Children's Trust..." OR "EI [Provider Program Name] esta financiado en parte por The Children's Trust..." OR "Se Children's Trust ki finance yon pati nan[Pwogram Sa-a]..." Provider agrees that all program services, activities and events funded by this Contract shall recognize The Children's Trust as a funding source in any and all publicity, public relations and marketing efforts/materials created under its control on behalf of the program. 1. COMMUNICATION WITH MEDIA/NEWS OUTLETS Provider shall request that all media representatives, when inquiring with Provider about the program services, activities and events funded by this Contract, recognize The Children's Trust as a funding source. 2. VIDEO Provider agrees that any video it produces that depicts activities, services and events funded by this Contract shall include a full-screen graphic at its end recognizing The Children's Trust as a funding source. 3. SOCIAL MEDIA If Provider or its contracted departments maintains social media accounts, they shall: a. Post an update on its social media accounts (e.g., Facebook, Twitter, Instagram, etc.) announcing it has been awarded a funding contract by The Children's Trust, and tag The Children's Trust's profile on those social media networks. If The Trust does not have a profile on a particular social media network, the post should link back to b. State it is funded by The Children's Trust on all of its social media networks' 'About" sections. c. Tag and/or mention The Children's Trust on all posts related to services, activities and events funded by this Contract. d. List The Children's Trust's fan page under "Liked by This Page" on its Facebook page (if Provider maintains a Facebook page). e. Follow The Children's Trust Twitter account (if Provider maintains a Twitter account). 4. PRINTED MATERIALS a. Provider or its contracted departments shall ensure that any and all printed materials it creates for program services, activities and events funded by this Contract, including, but not limited to, newsletters, news releases, brochures, fliers, advertisements, signs/banners, letters to program participants and/or their parents/guardians, or any other materials released to the media or general public, shall state that these program services, activities and events are funded by The Children's Trust. b. Further, Provider shall also employ the use of the appropriate Children's Trust logo and/or language as stated above when recognizing said funding in any and all printed materials. c. Proofs of all printed material referenced herein must be submitted to The Children's Trust communications department ( ) for approval prior to production/printing and release/distribution. d. Provider agrees to deliver to The Children's Trust, without charge, at least three (3) copies of any and all printed materials it creates for program services, activities and events funded by this Contract. Page 95 of 386 Agenda Item #11.10 e. Provider agrees that The Children's Trust will have use of copyrighted materials developed under this Contract to the extent provided in, and subject to, the provisions of Sections F: Intellectual Property and Rights to Developed Materials and H: Intellectual Property Licensing Fees and Costs. 5. TERMINATION OF CONTRACT Upon termination of this Contract by either party or its expiration and nonrenewal, Provider shall remove all references to The Children's Trust from its site(s), website, social media accounts, advertisements and promotional materials, to coincide with the effective date of such termination or expiration. X. MISCELLANEOUS 1. 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. 2. NO THIRD PARTIES There are no intended or unintended third party beneficiaries to this Contract. Y. JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Contract has been their joint effort. The language agreed to expresses the parties' mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS This Contract with its attachments as referenced below contains all the terms and conditions agreed upon by the Parties: Attachment A: Scope of Services Attachment B: Other Fiscal Requirements, Budget and Method of Payment Attachment C: Data Requirements and Program Metrics Attachment D: Program-Specific Audit Requirements Attachment E-1: Affidavit for Level 2 Background Screenings, if applicable Attachment E-2: Child Care Attestation of Good Moral Character, if applicable Attachment E-3: Child Abuse & Neglect Reporting Requirements, if applicable Attachment E-4: Background Screening & Personnel File Requirements, if applicable Attachment F: Additional Insurance Requirements, if applicable Attachment G: Other Matters, if applicable No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the Parties. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. [REMAINDER OF PAGE INTENTIONALLY BLANK] Page 96 of 386 Agenda Item #11.10 City of Miami Gardens The Children's Trust MIAMI-DADE COUNTY, FLORIDA By: By: (signature of Authorized Representative) (signature) James R. Haj President and CEO Date: Date: Provider Federal ID# 11-3695944 Provider Vendor ID# CrFY0301 This Contract is not valid until signed by both Parties. Page 97 of 386 Agenda Item #11.10 Attachment A- Scope of Services Youth Enrichment, Employment and Supports PROGRAM OVERVIEW AGENCY SIGNER Paulette Murphy INITIATIVE Youth Enrichment, Employment and Supports aROGRAN NAME FUTURE STARS AFTER SCHOOL PROGRAM PROGRAM DESCRIPTION The City of Miami Gardens provides 50 children in grades 6-12 with a quality afterschool program and 25 children summer camp programs and activities in the Miami Gardens area. The goal of this program is to provide life skills and a variety of educational and fitness related activities, to maintain interest, and create an atmosphere where each child's need for self-expression can be met. Highlights of this program includes literacy, fitness, social skills, homework assistance and family engagement. SERVICE TIMEFRAME(S) School Year, Summer PARTICIPANTS Number of % of Youth with Disabilities Number of Service Frequency of Services per Timeframe Slots Slots Weeks Week School 50 10 42 5 Year Summer 25 10 10 5 SERVICE SITES General Site Information School Year Summer Page 98 of 386 Agenda Item #11.10 Site Name and PARTICIPANT INFORMATION PARTICIPANT INFORMATION Address: Number of Slots: 25 Number of Slots: 25 Scott Park % of Children with Disabilities: 10% %of Children with Disabilities: 10% 17710 NW 15th Ct. Grade Range : 6th grade,7th grade,8th grade,9th Grade Range : 6th grade,7th grade,8th grade,9th Miami Gardens 33169 grade,10th grade,11th grade,12th grade grade,10th grade,11th grade,12th grade Site Timeframe: SERVICE DATES SERVICE DATES School Year,Summer Service Dates: 8/19/2019 - 6/4/2020 Service Dates: 6/8/2020 - 8/14/2020 Number of Service Weeks: 42 Number of Service Weeks: 10 Number of Direct Number of Service Days: 117 Number of Service Days: 49 Service Staff: Services offered 3 days per week Services offered 5 days per week School Year: 2 Hours of Operation: Hours of Operation: Summer: 2 Monday, Wednesday, Friday Monday - Friday Focus Area(s): 3:00 pm - 7:00 pm 8:00 am -6:00 pm School Year: Job Training,Sports 9/2/2019, 11/11/2019, 11/29/2019, 12/25/2019, 7/3/2020 Summer: 1/1/2020, 1/20/2020, 2/17/2020, 5/25/2020 Entrepreneurship,Sports MEALS Source of Meals: None MEALS Other: Source of Meals: Provided by The Children's Trust Source of Lunch Snacks: Provided by The Contracted Vendor Children's Trust Contracted Vendor Other: Other: Source of Lunch Snacks: Provided by The Children's Trust Contracted Vendor PROGRAM FEES Other: Fees Charged: No Registration Fee: $00.00 PROGRAM FEES Fees: $0 N/A Fees Charged: No Fee Description: Registration Fee: $00.00 Fees: $0 N/A N/A Fee Description:N/A Page 99 of 386 Agenda Item #11.10 Site Name and PARTICIPANT INFORMATION PARTICIPANT INFORMATION Address: Number of Slots: 25 Number of Slots: 0 North Dade Middle %of Children with Disabilities: 10% %of Children with Disabilities: % School Grade Range : 6th grade,7th grade,8th grade Grade Range 1840 NW 157th St. Miami Gardens 33054 SERVICE DATES SERVICE DATES Service Dates: 8/19/2019 - 6/4/2020 Service Dates: - Site Timeframe: Number of Service Weeks: 42 Number of Service Weeks: School Year Number of Service Days: 84 Number of Service Days: 0 Services offered 2 days per week Services offered days per week Number of Direct Hours of Operation: Hours of Operation: Service Staff: School Year: 2 Tuesday, Thursday MEALS Summer: 3:00 pm - 7:00 pm Source of Meals: Other: Focus Area(s): 11/28/2019 Source of Lunch Snacks: School Year: Job Other: Training,Sports Summer: MEALS PROGRAM FEES Source of Meals: None Fees Charged: Other: Registration Fee: Source of Lunch Snacks: Provided by The Fees: $ Children's Trust Contracted Vendor Fee Description: Other: PROGRAM FEES Fees Charged: No Registration Fee: $00.00 Fees: $0 Daily Fee Description: N/A PROGRAM ACTIVITIES Activity Details Page 100 of 386 Agenda Item #11.10 Sports: School Year, EBP: Sports, Play, and Active Recreation for Kids (SPARK) Other EBP: N/A Youth expected in activity: All Youth Duration: 42 Weeks Frequency: 5time(s) per week Minutes offered: 30 Activity Description: Sports programming will include activities that facilitate the learning of a particular sport and SEL development in youth. In addition to developing sports-specific skills, youth can strengthen their social/life skills, such as positive peer and adult relationships, collaboration and leadership skills; build their self-worth and confidence; and develop more positive attitudes towards school and their future. Approach to Implementation: The sports component not only helps in developing sports-specific skills; it also strengthen social/life skills, such as positive peer and adult relationships, collaboration and leadership skills; it builds their self-worth and confidence; and develop a more positive attitude towards school and their future. Youth engage in a variety of fitness activities such as Zumba Fitness, Yoga, and various team sports (basketball, football, soccer, tennis). Coaches use positive coaching techniques to create a caring environment in which students learn valuable life lessons, connect with like-minded athletes, and develop a sense of mutual respect. This diverse combination of high quality fitness options ensure that all youth finds an activity that they enjoy. COHORT 1 - 26 children (3 TIMES/WK) Monday Wednesday Friday COHORT 2 - 24 children (2 Times/WK) Tuesday Thursday Related Field Trips: N/A Page 101 of 386 Agenda Item #11.10 Academic Support: School Year, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 42 Weeks Frequency: 5time(s) per week Minutes offered: 60 Activity Description: Academic support activities can be flexibly structured and delivered in many different formats that fit the needs of the grade levels and youth being served. Some examples of supports may include core subject tutoring, SAT/ACT test preparation, project-based learning as part of enrichment activities that incorporate reading, writing and mathematics. Approach to Implementation: Consistent with best practices encouraged by the Department of Education, youth should create a regular routine for homework. Program staff are available daily to provide homework assistance. Students have access to computers as well for completing assignments. Struggling learners receive assistance from program staff in small groups of one to five students. Certified Teachers are available for tutoring and provides ongoing training to staff to identify struggling learners. Staff developed a positive working relationship with teachers and staff of the schools served. Student report cards and progress reports are collected regularly and tracked. Recreation Staff are responsible for following up with parents and/or teachers a minimum of once per month to track the student's progress and identify other support services to improve the student's academic achievement if needed. Recreation Staff teaches students and demonstrates skills such as time management and organization. High school students begin preparation for the ACT, SAT, PERT, and FSA assessments which are all high school graduation requirements with the guidance of Certified Teachers. COHORT 1 - 26 children (3 TIMES/WK) Monday Wednesday Friday COHORT 2 - 24 children (2 Times/WK)Tuesday Thursday Related Field Trips: College Tour, College Fair ,Job/Career Fair Page 102 of 386 Agenda Item #11.10 Social-Emotional Learning (SEL): School Year, EBP: Other Other EBP: Too Good for Drugs and Too Good for Violence Youth expected in activity: All Youth Duration: 42 Weeks Frequency: 5time(s) per week Minutes offered: 60 Activity Description: Social-Emotional Learning (SEL) activities must include a structured design programming grounded in positive youth development best practices. Program focuses on positive skill-building (strengths-based versus deficit-based) through challenging activities, leadership development, decision-making opportunities, and opportunities for youth to have hands-on practice applying skills to real-world scenarios. Programs ensure a nurturing, socially positive environment, inclusive of staff equipped to actively and intentionally foster this environment by coaching children and appropriately modeling concepts and skills. Approach to Implementation: For the 6-12 afterschool program the evidenced based series "Too Good" is be used. This curriculum puts social and emotional learning to work through fun and interactive lessons, and building the self-confidence that young people need to make healthy choices and achieve success. "Too Good for Drugs" and "Too Good for Violence"- social perspectives promote positive, pro- social attitudes and behavior while fostering healthy relationships, resistance to substance abuse and conflict, and resistance to negative peer pressure. The City uses a combination of both programs, which are designed to migrate risk factors and build the basis for a safe, supportive and respectful learning environment. The curricula has undergone rigorous, independent evaluation studies to measure their effects on students' skills, attitudes, intentions, and behaviors. The Federal Substance Abuse & Mental Health Services Administration considers it a "model program;" and it has the highest rating by the US Department of Education (What Works Clearinghouse) for improving knowledge, attitude, and values among older youth. COHORT 1 - 26 children (3 TIMES/WK) Monday Wednesday Friday COHORT 2 - 24 children (2 Times/WK)Tuesday Thursday Related Field Trips: N/A Page 103 of 386 Agenda Item #11.10 Social-Emotional Learning (SEL): Summer, EBP: Other Other EBP:Too Good Youth expected in activity: All Youth Duration: 10 Weeks Frequency: 4time(s) per week Minutes offered: 60 Activity Description: Social-Emotional Learning (SEL) activities must include a structured design programming grounded in positive youth development best practices. Program focuses on positive skill-building (strengths-based versus deficit-based) through challenging activities, leadership development, decision-making opportunities, and opportunities for youth to have hands-on practice applying skills to real-world scenarios. Programs ensure a nurturing, socially positive environment, inclusive of staff equipped to actively and intentionally foster this environment by coaching children and appropriately modeling concepts and skills. Approach to Implementation: For the 6-12 afterschool program the evidenced based series "Too Good" is used. This curriculum puts social and emotional learning to work through fun and interactive lessons, and building the self-confidence that young people need to make healthy choices and achieve success. "Too Good for Drugs" and "Too Good for Violence"- social perspectives promote positive, pro- social attitudes and behavior while fostering healthy relationships, resistance to substance abuse and conflict, and resistance to negative peer pressure. The City uses a combination of both programs, which are designed to migrate risk factors and build the basis for a safe, supportive and respectful learning environment. The curricula has undergone rigorous, independent evaluation studies to measure their effects on students' skills, attitudes, intentions, and behaviors. The Federal Substance Abuse & Mental Health Services Administration considers it a "model program;" and it has the highest rating by the US Department of Education (What Works Clearinghouse) for improving knowledge, attitude, and values among older youth. Related Field Trips: N/A STEM (Science,Technology, Engineering, and Mathematics): Summer, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 10 Weeks Frequency: 2time(s) per week Minutes offered: 60 Activity Description: STEM activities allow youth the opportunity to explore career pathways in related STEM fields as well as better preparing youth for academic success. High-quality STEM programs build critical thinking skills, problem solving, creativity, collaboration and teamwork; are experiential, inquiry-based, include rigorous content and are linked to school curriculum standards. Additionally, they use relevant, real-world applications of STEM content and involve those with STEM backgrounds as part of the program delivery structure. STEM activities may include programs focused on digital certification such as robotics, Adobe and gaming. Approach to Implementation: To expose children to core academic subjects, enhances their appreciation for the sciences and places them on a path to academic success by incorporating science, technology, engineering and math (STEM). Related Field Trips: Museum of Science Page 104 of 386 Agenda Item #11.10 job Training: School Year, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 42 Weeks Frequency: 2time(s) per week Minutes offered: 45 Activity Description:The job Training activity offers youth in-depth exploration of specific career interests and pathways, as well as development of important workplace skills. job training programs work to prepare youth for job placement and/or work experience in partnership with businesses and other agencies. Programs assist interested youth with meeting the enrollment criteria to participate in the Summer Youth Internship Program (SYIP), a partnership of The Children's Trust, Miami-Dade County Public Schools (M-DCPS) and Miami-Dade County. Key elements of job training programs include helping youth obtain required legal documents for employment (e.g., identification), as well as training on resume creation, professional etiquette, job search, interviewing skills, professional networking, and financial literacy. Although not all youth receiving job training are expected to receive immediate job placement, programs are expected to track and support job placement with supplemental job coaching. Approach to Implementation: For job training the City offers youth in-depth exploration of specific career interests and pathways, as well as development of important workplace skills. We also work to prepare youth for job placement and/or work experience in partnership within the City, various businesses and other agencies. The program assists interested youth with meeting the enrollment criteria to participate in various internship programs through the Trust. Key elements of the job training program include helping youth obtain required documents for employment as well as training on resume creation, professional etiquette, job search, interviewing skills, professional networking, and financial literacy. The City will also implement a CIT (Counselor in Training) and jr Lifeguarding program which allows youth to obtain skills, community service hours and certifications in CPR, First Aid/AED. Youth who participate in the job training focus area activity who are between the ages of 15 and 18 and are in the 10th to 12th grade, inclusive of rising 10th graders are eligible to apply for an internship through the Summer Youth Internship Program (SYIP). In addition, targeted/priority populations for the SYIP, include youth currently in the foster care system and youth up to age 22 who are transitioning out of the foster care system. Interns work 30 hours per week, over a period of 5 weeks. Youth recruited for an internship also engage in additional soft skills preparation programming and work experience orientation during the job training activities offered during the school year. Reasonable efforts are made to ensure that program youth are placed, however placement is not guaranteed. COHORT 1 - 26 children (1 TIMES/WK) Monday COHORT 2 - 24 children (1 TIMES/WK)Thursday Related Field Trips: Career/job Fairs, Resource Fair Page 105 of 386 Agenda Item #11.10 Family Session /Event: School Year, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 0 Frequency: 1 Minutes offered: 30 Activity Description: Families engagement activities extend meaningful interactions between programs and families. By creating a welcoming environment, understanding families' needs, and implementing effective strategies to engage families, youth development programs can help bridge the gap between school and home by assisting families as they navigate the educational system, providing parents with information and tools to support their child's academic and personal success, helping families learn how to best support the learning and development of their child, and understanding families' needs and refer them to resources and services as appropriate. Approach to Implementation: Families are offered opportunities to engage with staff during annual registration and orientation activities. Additionally, parents are encourages to attend the annual Lights on After School event and Black History Event. During all events resources tables are available for parents to receive information about additional services available throughout the community. Recreation staff is responsible for engaging parents on an on-going basis throughout the year to keep them abreast of progress, challenges and upcoming activities and programs. Related Field Trips: N/A Sports: Summer, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 10 Weeks Frequency: 5time(s) per week Minutes offered: 180 Activity Description: Sports programming will include activities that facilitate the learning of a particular sport and SEL development in youth. In addition to developing sports-specific skills, youth can strengthen their social/life skills, such as positive peer and adult relationships, collaboration and leadership skills; build their self-worth and confidence; and develop more positive attitudes towards school and their future. Approach to Implementation: Teens participate in a robust athletic program during the summer. The sports component not only helps in developing sports- specific skills; it also strengthen social/life skills, such as positive peer and adult relationships, collaboration and leadership skills; it builds their self-worth and confidence; and develop a more positive attitude towards school and their future. Youth engage in a variety of fitness activities such as Zumba Fitness, Yoga, and various team sports (basketball, football, soccer, tennis). Coaches use positive coaching techniques to create a caring environment in which students learn valuable life lessons, connect with like-minded athletes, and develop a sense of mutual respect. This diverse combination of high quality fitness options ensure that all youth finds an activity that they enjoy. Related Field Trips: Students will attend college and professional sports events such as a Dolphins training camp/practice, college soccer practice or game, or a Marlins baseball game. Page 106 of 386 Agenda Item #11.10 Civic Engagement: Summer, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 10 Weeks Frequency: 4time(s) per week Minutes offered: 60 Activity Description: Civic Engagement activities will engage youth in assessing community needs and assets, as well as designing and implementing actions in support of community improvement. Youth may choose to address issues within their schools, neighborhoods, social networks, or tackle larger social, environmental or health issues. Programming focus can include, but is not limited to, advocacy efforts, community improvement projects, community needs assessments, participation in public policy or social justice issues, participatory action research, peer mentoring, photo-voice projects and project-based learning. Approach to Implementation: Youth are engaged in assessing community needs and assets, as well as designing and implementing actions in support of community improvement. Students are invlolved in community improvement projects, peer mentoring, and project based learning. Certifed Teachers and staff take groups and engage them is various projects each week. Related Field Trips: Community Clean-up and peer mentoring Entrepreneurship: Summer, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 10 Weeks Frequency: 2time(s) per week Minutes offered: 60 Activity Description: Entrepreneurial training will equip youth with an understanding of how business works, financial literacy, leadership development and methods to foster innovative ideas. Youth will apply this knowledge through the development of social and economic ventures. Key program activities include business plan development, training-based learning and networking opportunities. Approach to Implementation: Youth are given an understanding of how business works, financial literacy, leadership development and methods to foster innovative ideas. Staff assists youth to apply this knowledge through the development of social and economic ventures. Students participate in program activities to include business plan development, career shadowing, training-based learning and networking opportunities. Guest speakers are alos invited to provide students an overview of business, finance and leadership. Related Field Trips: N/A Page 107 of 386 Agenda Item #11.10 Art: Summer, EBP: N/A Other EBP: N/A Youth expected in activity: All Youth Duration: 10 Weeks Frequency: 5time(s) per week Minutes offered: 60 Activity Description: Participants will receive art programming services that help participants strengthen skills in specific artistic disciplines, express their creativity and collaborate with others. Arts programs can focus on one or more disciplines including, but not limited to: dance, painting, drawing, graphic design, theatre/drama, choir, photography, performance art, creative writing, poetry, storytelling, mixed-media, sculpture, music and film. All arts programs must include an element of public performance or exhibition developed by youth. Approach to Implementation: Through arts youth strengthen skills in specific artistic disciplines, expression, collaboration, critical thinking and creativity. We focus on a few of the disciplines such as painting, dance, creative writing, music, film, and/or photography. Certified teachers and staff interacts with youth in progam weekly in one or more disciplines. Related Field Trips: N/A PROGRAM PARTICIPATION Number of Participation Start Date Participant Participant Participant Timeframe Cohort Participants and End Date Frequency Overall Days Overall Hours School Cohort- 1 26 8/19/2019 to 6/4/2020 Days per 118 354 Year Number of weeks: 42 week: 3 Weeks Without Service: Hours per 0 week: 9 Days Without Service: 8 Summer Not 25 6/8/2020 to 8/14/2020 Days per 49 372 Applicable Number of weeks: 10 week: 5 Weeks Without Service: Hours per 0 week: 38 Days Without Service: 1 School Cohort- 2 24 8/19/2019 to 6/4/2020 Days per 83 249 Year Number of weeks: 42 week: 2 Weeks Without Service: Hours per 0 week: 6 Days Without Service: 1 PARTICIPANT OUTCOMES Participant Outcomes Page 108 of 386 Agenda Item #11.10 85%Youth will improve arts skills Associated with: Summer, Art Data Source/Measurement Tool:YouthARTS & Science Post Art Skills (SM) Timing: Post-test Meaningful Improvement: Score of 8 or higher End Date: 65%Youth demonstrate appropriate civic engagement skills Associated with: Summer, Civic Engagement Data Source/Measurement Tool:Competence for Civic Action (Post Only) Timing: Post-test Meaningful Improvement: Score of 40 or higher End Date: 65%Youth demonstrate appropriate entrepreneurship skills Associated with: Summer, Entrepreneurship Data Source/Measurement Tool:NFTE Summative Post-Test(SM) Timing: Post-test Meaningful Improvement: Score of 65%or higher End Date: 75%youth increase school engagement and positive attitudes towards academic success Associated with: School Year, Academic Support Data Source/Measurement Tool:EducationaI Engagement Scale for Teenagers Timing: Pre-test,Post-test Meaningful Improvement: Score of 20 on post-test OR an increase of 1 point between pre/post End Date: 75%Youth make meaningful improvement in social-emotional learning skills Associated with: School Year, Social-Emotional Learning (SEL) Data Source/Measurement Tool:Positive Youth Development Inventory Retrospective Positive Youth Development Inventory # items: 58 questions in surveyScoring: Each item is scored from 1 to 4: 1) Strongly Disagree; 2) Disagree; 3)Agree; 4) Strongly Agree Timing: Pre-test,Post-test Meaningful Improvement: Score of 3.39 across all subscales OR and increase of.4 from pre to post assessment End Date: Page 109 of 386 Agenda Item #11.10 75% Youth make meaningful improvement in social-emotional learning skills Associated with: Summer, Social-Emotional Learning (SEL) Data Source/Measurement Tool:Positive Youth Development Inventory (SM) Positive Youth Development Inventory # items: 58 questions in surveyScoring: Each item is scored from 1 to 4: 1) Strongly Disagree; 2) Disagree; 3) Agree; 4) Strongly Agree Timing: Pre-test,Post-test Meaningful Improvement: Score of 3.39 across all subscales OR and increase of .4 from pre to post assessment. End Date: 65%Youth demonstrates positive attitudes towards STEM Associated with: Summer, STEM (Science, Technology, Engineering, and Mathematics) Data Source/Measurement Tool:Student Attitude Toward STEM Scales (SM) Timing: Post-test Meaningful Improvement: Score of 100 or higher End Date: 65% Youth increase work readiness/employability skills Associated with: School Year, Job Training Data Source/Measurement Tool:Casey Life Skills - Work/Study & Career/Education Timing: Pre-test,Post-test Meaningful Improvement: Score of 130 OR an increase of 6 points between pre/post End Date: 0% Youth placed in job, internship, or apprenticeship Associated with: School Year, Job Training Data Source/Measurement Tool:Job Training Follow-up Timing: Post-test Meaningful Improvement: N/A End Date: 65% Youth will improve fitness performance Associated with: Summer, Sports Data Source/Measurement Tool:PACER Multi-Stage Shuttle Run SM Timing: Post-test Meaningful Improvement: Score of 55 or higher End Date: 8/1/2019 Page 110 of 386 Agenda Item #11.10 65%Youth will improve fitness performance Associated with: School Year, Sports Data Source/Measurement Tool:PACER Multi-Stage Shuttle Run SY Timing: Pre-test,Post-test Meaningful Improvement: Score of 55 on post-test OR an increase of 4 laps between pre/post End Date: 8/1/2019 65%Youth will improve fitness performance Associated with: School Year, Sports Data Source/Measurement Tool:PACER Multi-Stage Shuttle Run SY # items: 1 scoring: number of laps completed by youth data entered in SAMIS: Enter the number of laps completed for each participant. Also indicate if an adaptation was used. Timing: Pre-test,Post-test Pre-test should be administered within 30 days of enrollment. Post-test should be administered after participant has met the required days OR 90 days enrollment. Meaningful Improvement: Based on an increase in four laps completed from the pre-test to the post-test End Date: 65%Youth will improve fitness performance Associated with: Summer, Sports Data Source/Measurement Tool:PACER Multi-Stage Shuttle Run SM items:1 scoring: number of laps completed by youth data entered SAMIS: Enter the number of laps completed for each participant. Also indicate if an adaptation was used. Timing: Pre-test,Post-test Pre-test administered within the first week of attendance. Post-test administered after participant has met the required days or during the last week of programming. Meaningful Improvement: Based on an increase in two laps completed from the pre-test to the post-test End Date: PARTNERS & SERVICE LINKAGE Partners & Service Linkage Page 111 of 386 Agenda Item #11.10 Subcontractor. Gang Alternative, Associated Activity: I-Job Training -O- Description of Role& Expertise: Gang Alternative focuses on providing life tools that lasts in youth through positive alternatives to violence by offering a holistic approach to workforce, academic, and social development. Gang Alternative Inc. (GA)'s Job Training program uses evidence- based approaches and to preparing high school students for the 215t century workplace. The training model equips students with employability competencies and mindsets that employers require and positions them for personal and professional success. By using a two-prong approach, students will benefit from both technical workplace readiness training and softs skills development. A study by America's Promise Alliance found that a significant proportion of large percentage of youth who are preparing to enter the workforce over the next two decades significantly lack the "soft skills" that will help them become and sustain positions as effective employees and managers. GA's job training program is hinged on research from the Department of Labor including the "Guidepost for Success" which indicate that all youth need exposure to training focusing on job seeking and workplace basic skills. Additionally, the program is informed by Department of Labor's Competency Model which is a tool to help prepare and inform workers about the latest and emerging job requirements needed for workplace success. Training Components include: evidence-based soft skills assessment, individual soft skills development plan (based on assessment), career pathway development, individual career portfolio development, job coaching and exploration, awareness of appropriate industry-recognized credentials, resume writing, interview techniques and preparation, effective use of social media, and job placement. Additionally, students will benefit from group mentoring using an evidence-based integrated cognitive behavior change program (T4C)that GA's staff has been certified in. Service End Date: Subcontractor: FLIPANY, Associated Activity: Description of Role & Expertise: FLIPANY (Florida Introduces Physical Activity and Nutrition to Youth) is a 501c3 non-profit organization founded in 2005 by FLIPANY's President and CEO, Lynne Kunins. For the past 12 years, FLIPANY has brought customized health and wellness programming to more than 400 partner sites in Palm Beach, Broward, and Miami-Dade Counties. FLIPANY is a Children's Trust- funded program and has an expert administrative team that monitors on-site program fidelity, program efficacy, and supports the overall inter-agency partnership. FLIPANY staff brings all program materials as well evaluation tools and provide program outcomes using evidenced based curriculum. FLIPANY's innovative, proven-effective programs support positive youth development through group-mentoring programs that focus on skill development in physical activities and nutrition education. Cooking Matters is an engaging, fun, hands-on cooking class taught to adults, teens, kids and families by FLIPANY's chefs and/or nutrition educators. Research shows that graduates of the Cooking Matters course maintain healthy habits many months after they complete the program. Participants eat more fruits and vegetables, make healthier meals, and stretch food dollars with planning, using a shopping list, and comparing unit prices. Each course covers meal preparation, grocery shopping, food budgeting and nutrition in a fun and engaging way. Service End Date: Page 112 of 386 Agenda Item #11.10 In-Kind: Miami-Dade County Public Schools, Associated Activity: Description of Role& Expertise: We will utilize the Miami Dade County Public School, North Dade Middle School as one of our sites to host an aftercare program for children grades 6-8. We have attached the Letter of Commitment as requested. Service End Date: Subcontractor: S.E.E.K. Foundation, Inc., Associated Activity: I-STEM (Science, Technology, Engineering, and Mathematics) -O- Description of Role & Expertise: S.E.E.K. Foundation is to empower teeanagers, parents, teachers, and he community to help protect lives and discover educational diverse programs that promote lifelong problen solvers beyond the classroom. Our purpose is to empower the youth of our community to be advocates for their own success by teaching real world and lifelong problen solving skills that take them into their adult life as successful adults. We understand the strengths, interests and preferences of youth in our service area and tailor our programs to meet these needs. Our goal is to improve the value of life for children of diverse backgrounds by providing public services that promote self-advocacy skills, innovative-strategic thinking skills and community involvement to become lifelong problem solvers. S.E.E.K. provides Science, Technology, Engineering, Mathematics (S.T.E.M.) services. Students are exposed to rigourous learning through evidence-based cirriculum. The program offers and presents the foundational courses that lead to success in challenging and applied courses in primary and secondary grades. The goal is to bridge and associate in-school and out-of school learning opportunities, teach students how to become innovators and problem solvers, locally, statewide and internationally through technology. Service End Date: STAFFING TABLE Position Position Details Minimum Qualifications and Responsibilities RECREATION AIDE Timeframe: Qualifications:A high school diploma or General Equivalency Diploma (GED). (PT)YEN Summer Number of Responsibilities: Performs other duties related to program delivery. May be responsible Position ID: 39888 Staff: 2 for a variety of assignments such as bus driver, cook, and maintenance worker, etc. Category: Support In Ratio:YES Staff Supervision: Related Subcontractor Budget: Classification: NO Part-time/Seasonal RECREATION AIDE Timeframe: Qualifications:A high school diploma or General Equivalency Diploma (GED). Three (FT-YEN) School years of work experience with children in the specialized area may substitute for the high Year,Summer school diploma or General Equivalency Diploma (GED). Position ID: 39377 Number of Category: Staff: 2 Responsibilities: Delivers specialized enrichment activities in a particular subject matter Instructor/Facilitator In Ratio: YES area, but is not a certified teacher. Classification: Supervision: Full-Time YES Related Subcontractor Budget: Page 113 of 386 Agenda Item #11.10 RECREATION AIDE Timeframe: Qualifications:A high school diploma or General Equivalency Diploma (GED). (PT)YEN School Year Number of Responsibilities: Performs other duties related to program delivery. May be responsible Position 113: 39373 Staff: 4 for a variety of assignments such as bus driver, cook, and maintenance worker, etc. Category: Support In Ratio: YES Staff Supervision: Related Subcontractor Budget: Classification: NO Part-time/Seasonal CERTIFIED Timeframe: Qualifications:A Florida teaching certification. TEACHERYEN-SY School Year Number of Responsibilities: Ensures delivery of any service requiring a certified teaching staff. Position ID: 39443 Staff: 2 Category: Certified In Ratio: YES Related Subcontractor Budget: Teacher Supervision: Classification: NO Part-time/Seasonal PROGRAM Timeframe: Qualifications:A high school diploma or General Equivalency Diploma (GED). MANAGER YEN School Year,Summer Responsibilities: Performs other duties related to program delivery. May be responsible Position ID: 39374 Number of for a variety of assignments such as bus driver, cook, and maintenance worker, etc. Category: Support Staff: 1 Staff In Ratio: NO Related Subcontractor Budget: Classification: Supervision: Part-time/Seasonal NO CERTIFIED Timeframe: Qualifications: A Florida teaching certification. TEACHER-YEN Summer Number of Responsibilities: Ensures delivery of any service requiring a certified teaching staff. Position ID: 39376 Staff: 1 Category: Certified In Ratio: YES Related Subcontractor Budget: Teacher Supervision: Classification: NO Part-time/Seasonal Page 114 of 386 Agenda Item #11.10 ATTACHMENT B OTHER FISCAL REQUIREMENTS, BUDGET and METHOD OF PAYMENT Budget amendments/revisions Budget amendments/revisions require written approval from the designated Contract Manager and The Children's Trust's Chief Financial Officer or their designees. Requests for budget amendments/revisions must be submitted to the Contract Manager using SAMIS, or the appropriate form, as designated by The Children's Trust. All budget amendments/revisions are subject to final approval by The Children's Trust. Budget amendments/revisions cannot be used to increase the total Contract amount or to modify the Scope of Services. No more than two budget amendments/revisions may be approved during the Contract term. Budget amendments/revisions will be disallowed if they seek to revise retroactive costs not previously budgeted. All amendments/revisions must adjust for operational activity effective as of the previously billed period. Budget amendment/revision requests must be submitted sixty (60) days prior to the expiration of the Contract. Once approved, all budget amendments/revisions will be incorporated into the Contract. Invoice/Request for Payment Requirements Provider or Seller shall submit an original request for payment, utilizing the format prescribed by The Children's Trust and in accordance with the approved budget or approved budget revision(s). This format may entail the electronic submission of a request for payment in the SAMIS system in accordance with the approved budget or budget amendments/revisions, paper invoice, spreadsheet, or other submission method. The Children's Trust will notify the Provider and/or Seller the method of submittal. Invoices not submitted in the SAMIS system shall be submitted by the Provider and/or Seller to The Children's Trust at: and to the Provider and/or Seller's Trust staff member assigned to this contract. The invoice must include The Children's Trust's issued Purchase Order (PO) number. Submissions to must contain only the invoice and no additional correspondence. Attachments and other documentation included with the invoice submitted to will render the invoice as being not properly submitted. The request for payment is due on or before the fifteenth (15th) day of the month following the month in which expenditures were paid (exclusive of legal holidays or weekends). The Children's Trust will consider all invoices received after the fifteenth (15th) of each month as late, even if the cause of a late submission is due to the delayed approval of a budget or amendment in the SAMIS system. The Children's Trust agrees to reimburse Provider and/or Seller on a monthly basis, provided that the Contract utilizes a cost reimbursement method of payment. Any expense included on an invoice relating to a reimbursement request that pertains to a check dated greater than two months prior to the invoice period will not be approved. The Children's Trust reserves the right to request any supporting documentation related to this Contract. If there are subcontractors to this Contract, and the invoices are to be submitted using SAMIS, then Form D: Attestation of Payment must be uploaded to The Children's Trust's electronic system Document Repository no later than thirty (30) days after payment to subcontractor. If invoices are submitted using SAMIS, upon the close of this Contract, Provider and/or Seller is required to complete Form E: Close-out Attestation of Payment, which must be uploaded to The Children's Trust's electronic system Document Repository no later than thirty (30) days after payment to subcontractor. These forms may be downloaded from The Children's Trust website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider and/or Seller to perform services pertaining to The Children's Trust funded programs identified in this Contract. A final request for payment (last monthly invoice of the Contract term) from Provider and/or Seller will be accepted by The Children's Trust up to forty-five (45) days after the expiration of this Contract. If Provider and/or Seller fails to comply, then all rights to payment shall be forfeited. If The Children's Trust determines that Provider or Seller has been paid funds, which are not in accordance with this Contract, and to which it is not entitled, then Provider and/or Seller shall return such funds to The Children's Trust or submit appropriate documentation to support the payment within thirty (30) days of notification by The Children's Trust. After thirty (30) days, The Children's Trust may recapture amounts due to The Children's Trust, from this or any Contract by reducing amounts requested to be reimbursed less the amount owed to The Children's Trust. The Children's Trust shall have the sole discretion in determining if Provider and/or Seller is entitled to such funds in accordance with this Contract. The Children's Trust decision on this matter shall be binding. In the event that Provider or Seller, its independent CPA firm or The Children's Trust discovers that an overpayment has been made, Provider or Seller shall repay the overpayment within thirty (30) calendar days of discovery of the event by the Provider or Seller or notification of overpayment by the Provider's or Seller's independent CPA firm or The Children's Trust. Page 115 of 386 Agenda Item #11.10 If Provider or Seller fails to serve the contracted number of participants and/or fails to utilize the funds in accordance with the Contract, The Children's Trust may amend the Contract to reduce the amount funded. Any delay in amendment by The Children's Trust is not deemed a waiver of The Children's Trust right to amend or seek reimbursement for under-serving participants in accordance with the Contract. A request for payment will be deemed proper as defined by the Florida Prompt Payment Act, Chapter 218, Part VII, Florida Statutes, if the request complies with the requirements set forth in this Contract and is submitted on the forms prescribed by The Children's Trust. Requests for payment and/or documentation returned to Provider and/or Seller for corrections may be cause for delay in the receipt of payment. Late submission may result in delay in the receipt of payment. Upon receipt of Provider's or Seller's properly submitted Request for Payment (i.e., invoice) and/or other required documentation, The Children's Trust shall pay Provider or Seller in accordance with the Florida Prompt Payment Act. The Children's Trust may retain any payments due until all required reports, deliverables, or monies owed to The Children's Trust are submitted and accepted by The Children's Trust. Indirect Administrative Costs In no event shall The Children's Trust fund indirect administrative costs in excess of ten (10%) percent of the total Contract amount. This includes operational costs that support the performance of programmatic functions but are not directly incurred as a result of the program (i.e. insurance costs). Match Requirement Programs requiring a match, if provided in the respective solicitation, which is defined as cash or in-kind contributions including non-federal cash dollars, donated items, and/ or services that are part of the overall cost of operating the program, should be reasonable, necessary, and/or required for the program. Matching funds must be another funding source other than The Children's Trust. The Children's Trust reserves the right to ask for substantive documentation to support the match at any time and such documentation must be presented to Provider and/or Seller's independent auditors as part of their annual financial statement audit. Direct Deposit of Payment As a requirement of this Contract with The Children's Trust, Provider or Seller agree that prior to, on the date commencing the effective term of this Contract, or when direct deposit functionality is made available, Provider or Seller will enroll in The Children's Trust direct deposit program. The direct deposit program requires that all reimbursements received from The Children's Trust are directly deposited into the Provider's or Seller's designated bank account held in a United States financial institution. Cost Reimbursement Method of Payment The parties agree that this is a cost reimbursement method of payment Contract. Provider and/or Seller shall be paid in accordance with the approved budget and/or approved budget amendments/revisions as set forth in this attachment, as well as based on the actual costs incurred. Provider or Seller will be paid in accordance with the approved budget, typically after expenses are incurred. Provider and/or Seller also agrees to pay their subcontractors, vendors and employees for the fulfillment of services provided on a timely basis. The Trust expects that Provider and/or Seller maintain sufficient funds in the amount of at least 15%of their operating budget. Adequate working capital is considered a best practice and is necessary when managing a cost reimbursement contract. Provider and/or Seller are expected to possess the funds necessary to cover initial program expenses, and then request reimbursement from The Trust. Deliverable-Based Method of Payment The parties agree that this is a deliverable based Contract, and Provider or Seller will be paid based on acceptance by The Children's Trust of deliverables as outlined in Attachment A and/or the flat project fee or fee per deliverable as stated in Attachment B. Provider or Seller will submit required reports and/or deliverables in accordance with the deliverable schedule set forth in Attachment A or in Attachment B if not included in Attachment A. If Provider or Seller fails to submit approved deliverables in accordance with the Contract, The Children's Trust may amend the Contract to reduce the amount of dollars representing the deliverables not provided. Any delay in amendment by The Children's Trust is not deemed a waiver of The Children's Trust's right to amend or seek reimbursement for deliverables not provided in accordance with the Contract. Timely Payment by Provider or Seller Provider or Seller also agree to timely pay subcontractors, vendors, and employees for the fulfillment of services provided in this Contract. Every request by Provider or Seller for payment for services provided, work performed, or costs incurred pursuant to this Contract, except for any advanced payments by The Trust, shall be accompanied by a Request for Payment from The Children's Trust. If there are subcontractors to this Contract, the 'Attestation of Payment' form must be included in the Request for Payment. These forms may be downloaded from The Trust's website. For the purpose of payment only, a subcontractor is defined as an independent agency that has entered into agreement with Provider and/or Page 116 of 386 Agenda Item #11.10 Seller to perform services pertaining to The Children's Trust funded programs identified in this Contract. Advance payment requests The Children's Trust offers advance payments up to 15% of the total Contract value. The Children's Trust will only approve advance requests that are equivalent to the total amount of the first two (2) months programmatic expenditures and up to 15% of the total Contract value. Determinations of programmatic expenditures will be supported by the immediate prior year's performance or a detailed listing of estimated expenditures. Advance requests shall be limited to governmental entities and not-for-profit corporations, in accordance with section 216.181(16)(b), Florida Statutes. Advance requests must include the amount requested and a justification for the request. Advance requests must be submitted using the designated form and must be approved in writing by The Children's Trust's Contract Manager and Chief Financial Officer or their designee. Advance payments are made at and within the sole discretion of The Children's Trust. Advance repayment Upon receipt of an advance, repayment must be credited to proceeding reimbursement requests within sixty (60) calendar days. Provider or Seller shall report the amount of the advance repayment in The Trust electronic system using the "advances/adjustments" button on the reimbursement screen. If a Provider or Seller does not use the specified Trust electronic system, the Provider or Seller is required to deduct its advance repayment from each invoice, consecutively, until the advance is repaid in full. List of Approved Certified Public Accountants or Certified Public Accounting Firms To receive reimbursement for the preparation of the program specific audit, as defined, Provider and/or Seller must choose from a list of approved independent Certified Public Accounting (CPA) firms, which are posted on The Children's Trust website. Inclusion in this pre-approved vendor pool requires that a CPA firm meet the following three criteria: (a) participation in either the American Institute of Certified Public Accountants (AICPA) or the Florida Institute of Certified Public Accountants (FICPA) peer review program as evidenced by submitting a triennial System Review Report with a passing score to The Children's Trust; (b) providing documentation that a CPA firm, or one of its associates, has adequate experience in governmental accounting and/or nonprofit accounting with the application of Government Auditing Standards;. and (c) completion of an annual CPA training session sponsored by The Children's Trust finance department. Alternatively, Provider or Seller may also receive reimbursement if Provider or Seller is subject to audit by a federal, state or local Office of Inspector General and such Office of Inspector General conducts an audit and charges Provider or Seller for said audit services. Supporting Documentation Requirements Provider and/or Seller shall maintain original records documenting actual expenditures and services provided according to the approved budget and Scope of Services. Supporting documentation shall be made available and provided to The Children's Trust upon request. Provider and/or Seller shall keep accurate and complete records of any fees collected, reimbursement or compensation of any kind received from any client or other third party, for any service covered by this Contract, and shall make all such records available to The Children's Trust upon request. Provider and/or Seller shall maintain a cost allocation methodology that is used to allocate its costs to ensure that The Children's Trust is only paying its fair share of costs for services, overhead and staffing devoted to the program or services funded by this Contract. Such methodology shall be made available to The Children's Trust upon request. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 117 of 386 Agenda Item #11.10 Budget Summary Report City of Miami Gardens-YEN XX16-3010 City of Miami Gardens Fiscal Year 19-20(8/01/19-7/31/20) Contract#: 2016-3010 CSC Program Allocation: $210,080 Budget Status: Pending Contract Approval Salary Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 511 Regular Salaries and Wages 152,978.00 121,452.00 121,452.00 521 FICA/MICA 11,703.00 9,291.00 9,291.00 522 Retirement Contributions 0.00 0.00 0.00 523 Life and Health Insurance 0.00 0.00 0.00 524 Workers Compensation 7,747.00 5,979.00 5,979.00 525 Unemployment Compensation 0.00 0.00 0.00 Salary Totals: 172,428.00 136,722.00 136,722.00 Expense Accounts Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 531 Travel(other than participants) 0.00 0.00 0.00 532 Travel(participants) 17,230.00 7,680.00 7,680.00 533 Meals(participants) 5,366.00 0.00 0.00 534 Space 0.00 0.00 0.00 535 Utilities 11,328.00 0.00 0.00 536 Supplies(office) 3,578.00 3,578.00 3,578.00 537 Supplies(program) 7,391.00 7,391.00 7,391.00 540 Non-Capital Equipment 0.00 0.00 0.00 550 Capital Equipment 0.00 0.00 0.00 591 Indirect Cost 1,309.00 1,309.00 1,309.00 611 Subcontractor 0.00 0.00 0.00 711 Professional Services(instructors) 7,220.00 7,220.00 7,220.00 721 Professional Services(certified teachers) 0.00 0.00 0.00 731 Professional Services(tutors) 0.00 0.00 0.00 741 Professional Services(consultants) 0.00 0.00 0.00 791 Professional Services(other) 22,500.00 22,500.00 22,500.00 811 Other(advertising) 2,000.00 2,000.00 2,000.00 821 Other(background screening) 280.00 280.00 280.00 831 Other(admission to field trips) 9,600.00 9,600.00 9,600.00 891 Other(other) 8,000.00 8,000.00 8,000.00 529 Fringe Benefits(other) 0.00 0.00 0.00 841 Program Specific Audit 3,000.00 3,000.00 3,000.00 751 Professional Services(Evaluation) 0.00 0.00 0.00 Page 118 of 386 AWAAAM,#11.10 Original Original Amended Program CSC CSC Account# Title Budget Budget Budget 851 Other(Volunteers) 0.00 0.00 0.00 852 Other(Special Events) 0.00 0.00 0.00 853 Other(Required Staff Training) 800.00 800.00 800.00 854 Other(Discretionary Funds) 0.00 0.00 0.00 855 Other(conference registration) 0.00 0.00 0.00 2000 Salary Summary 0.00 0.00 0.00 2005 EBP Trainings 0.00 0.00 0.00 Expense Totals: 99,602.00 73,358.00 73,358.00 Salary and Expense Totals: 272,030.00 210,080.00 210,080.00 Program Funders Summary Funders Funder Type Funder Total Comment Federal Grants Food Program(Summary) 5,366.00 In-Kind Contributions In-Kind Contributions(Summary) 56,584.00 Summary Funder Totals: 61,950.00 Page 119 of 386 D Comprehensive Budget/Amendment Report M City of Miami Gardens-YEN XX16-3010 City of Miami Gardens Fiscal Year 19-20(8/01/19-7/31/20) d Contract#: 2016-3010 Original Budget and Approved/Unapproved Amendments (D 3 Salary Data Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend G Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp CERTIFIED TEACHER-YEN(39376) Staff: Morrow,Selena (47447) Gross: 26,000.00 26,000.00 1,989.00 1,989.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Program: 26,000.00 26,000.00 1,989.00 1,989.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CSC: 26,000.00 26,000.00 1,989.00 1,989.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded Hrs/Week Amt HrsfWeek Amt Amt School Year 1.00 25.00 42.00 0.00 0.00 20.00 21,000.00 Summer 1.00 25.00 10.00 0.00 0.00 20.00 5,000.00 School Year 1.00 25.00 42.00 20.00 21,000.00 0.00 0.00 Summer 1.00 25.00 10.00 20.00 5,000.00 0.00 0.00 Total Distribution to Program Salary 100% 26,000.00 100% 26,000.00 0% 0 Percentage of Distribution to Gross Salary 100% 100% 0% Original Budget Narratives: PT,paid bi-weekly Budget Amendment Narratives: Approved Date: R&ition Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend CD Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp COtTIFIED TEACHER-YEN-SY(39443) O W Staff: TBD,TBD (46286) 00 0) Gross: 21,000.00 21,000.00 1,607.00 1,607.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 90 Program: 21,000.00 21,000.00 1,607.00 1,607.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (tgo 0. CSC: 21,000.00 21,000.00 1,607.00 1,607.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 00 rt M Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded Hrs/Week Amt Hrs/Week Amt Amt School Year 1.00 25.00 42.00 20.00 21,000.00 0.00 0.00 School Year 1.00 25.00 42.00 0.00 0.00 20.00 21,000.00 Total Distribution to Program Salary 100% 21,000.00 100% 21,000.00 0% 0 Percentage of Distribution to Gross Salary 100% 100% 0% Original Budget Narratives: PT,paid bi-weekly Budget Amendment Narratives: Approved Date: Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retlre Insur Insur WC WC Unemp Unemp Fringe Benefits(39828) Staff: Benefits,Fringe (46650) Gross: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,747.00 7,747.00 0.00 0.00 Program: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,747.00 7,747.00 0.00 0.00 CSC: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,979.00 5,979.00 0.00 0.00 Original Budget Narratives: FRINGE BENEFITS:PROGRAM ALLOCATION FOR TOTAL STAFF SALARIES: $152,978.00 FICA/MICA:$152,978 x 0.0765=$11,702.82 WORKERS COMP(ALL OTHER STAFF) $137,378 x 0.0561 =$7,706.90 WORKERS COMP(PROGRAM MGR)$15,600 x 0.0026=$40.56 TeJAL FRINGE BENEFITS: $19,450.28 0) 19NGE BENEFITS:CSC ALLOCATION FOR TOTAL STAFF SALARIES: $121,452.00 F1GA/MICA:$121,452 x 0.0765=$9,291.08 VtV RKERS COMP(ALL OTHER STAFF)$105,852 x 0.0561= $5,938.30 V 5RKERS COMP(PROGRAM MGR)$15,600 x 0.0026= $40.56 TMAL FRINGE BENEFITS: $15,269.94 co 00 PROGRAM ALLOCATION: $19,450.29 D CSC ALLOCATION:$15,269.94 (10 MATCHING FUNDS:$4,180.35 (D SOURCE OF MATCH:CITY OF MIAMI GARDENS d d Budget Amendment Narratives: Approved Date: 3 Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp PROGRAM MANAGER-YEN(39374) Staff: Dorival,Sabine (47446) Gross: 15,600.00 15,600.00 1,193.00 1,193.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Program: 15,600.00 15,600.00 1,193.00 1,193.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CSC: 15,600.00 15,600.00 1,193.00 1,193.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded Hrs/Week Amt HrstWeek Amt Amt School Year 1.00 15.00 42.00 20.00 12,600.00 0.00 0.00 Summer 1.00 15.00 10.00 20.00 3,000.00 0.00 0.00 School Year 1.00 15.00 42.00 0.00 0.00 20.00 12,600.00 Summer 1.00 15.00 10.00 0.00 0.00 20.00 3,000.00 Total Distribution to Program Salary 100% 15,600.00 100% 15,600.00 0% 0 Percentage of Distribution to Gross Salary 100% 100% 0% Original Budget Narratives: PT,paid bi-weekly Budget Amendment Narratives: Approved Date: Padtion Orig Amend Orig Amend Orig Amend Orlg Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp REPREATION AIDE(PT)-YEN(39373) N IV Staff: Hall,Jackie (47459) O W W M Gross: 17,067.00 17,067.00 1,306.00 1,306.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 d�0 Program: 17,067.00 17,067.00 1,306.00 1,306.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 @10 a CSC: 17,067.00 17,067.00 1,306.00 1,306.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 d*0 M Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded HrsfWeek Amt HrslWeek Amt Amt School Year 1.00 11.77 42.00 0.00 0.00 25.00 12,359.00 Summer 1.00 11.77 10.00 0.00 0.00 40.00 4,708.00 School Year 1.00 11.77 42.00 25.00 12,359.00 0.00 0.00 Summer 1.00 11.77 10.00 40.00 4,708.00 0.00 0.00 Total Distribution to Program Salary 100% 17,067.00 100% 17,067.00 0% 0 Percentage of Distribution to Gross Salary 100% 100% 0% Original Budget Narratives: PT,paid bi-weekly Budget Amendment Narratives: Approved Date: Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp RECREATION AIDE(PT)-YEN(39888) Staff: TBD,TBD (46286) Gross: 17,067.00 17,067.00 1,306.00 1,306.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Program: 17,067.00 17,067.00 1,306.00 1,306.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CSC: 17,067.00 17,067.00 1,306.00 1,306.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (L] CD N W O W 00 O) D Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded Hrs1Week Amt HrsfWeek Amt Amt School Year 1.00 11.77 42.00 0.00 0.00 25.00 12,359.00 Summer 1.00 11.77 10.00 0.00 0.00 40.00 4,708.00 School Year 1.00 11.77 42.00 25.00 12,359.00 0.00 0.00 Summer 1.00 1 11.77 1 10.00 40.00 4,708.00 0.00 0.00 Total Distribution to Program Salary 100% 17,067.00 100% 17,067.00 0% 0 Percentage of Distribution to Gross Salary 100% 100% 0% Original Budget Narratives: PT,paid bi-weekly Budget Amendment Narratives: Approved Date: Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp RECREATION AIDE(PT)-YEN(39889) Staff: TBD,TBD (46286) Gross: 12,359.00 12,359.00 945.00 945.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Program: 12,359.00 12,359.00 945.00 945.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CSC: 12,359.00 12,359.00 945.00 945.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded HrstWeek Amt Hrs[Week Amt Amt School Year 1.00 11.77 42.00 25.00 12,359.00 0.00 0.00 School Year 1.00 11.77 42.00 0.00 0.00 25.00 12,359.00 O Total Distribution to Program Salary 100% 12,359.00 100% 12,359.00 0% 0 (D Percentage of Distribution to Gross Salary 100% 100% 0% N O W W 0) Original Budget Narratives: PT,paid bi-weekly M a Budget Amendment Narratives: Approved Date: (p 3 Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend .1 Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp RECREATION AIDE(PT)-YEN(39890) C Staff: TBD,TBD (46286) Gross: 12,359.00 12,359.00 945.00 945.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Program: 12,359.00 12,359.00 945.00 945.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CSC: 12,359.00 12,359.00 945.00 945.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded Hrs[Week Amt HrstWeek Amt Amt School Year 1.00 11.77 42.00 0.00 0.00 25.00 12,359.00 School Year 1.00 11.77 42.00 25.00 12,359.00 0.00 0.00 Total Distribution to Program Salary 100% 12,359.00 100% 12,359.00 0% 0 Percentage of Distribution to Gross Salary 100% 100% 0% Original Budget Narratives: PT,paid bi-weekly Budget Amendment Narratives: Approved Date: Position Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp RECREATION AIDE I(FT-YEN)(39377) a Staff: Brown,Gillespie (47460) CD -.x Gross: 26,229.00 26,229.00 2,007.00 2,007.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N O rogram: 18,285.00 18,285.00 1,399.00 1,399.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 W CSC: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 00 CA D Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded HrstWeek Amt HrslWeek Amt Amt School Year 1.00 12.61 42.00 25.00 13,241.00 0.00 0.00 Summer 1.00 12.61 10.00 40.00 5,044.00 0.00 0.00 Total Distribution to Program Salary 70% 18,285.00 0% 0.00 100% 18,285 Percentage of Distribution to Gross Salary 70% 0% 70% Original Budget Narratives: FT,paid bi-weekly SOURCE OF MATCH: City of Miami Gardens Budget Amendment Narratives: Approved Date: Position Orig Amend Orig Amend Orlg Amend Orig Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp RECREATION AIDE I(FT-YEN)(39891) Staff: TBD,TBD (46286) Gross: 26,229.00 26,229.00 2,007.00 2,007.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Program: 13,241.00 13,241.00 1,013.00 1,013.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CSC: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Original Distribution Program Allocation CSC Allocation Match Allocation Time Period #Of People Rate Wks Funded HrstWeek Amt HrstWeek Amt Amt School Year 1.00 12.61 42.00 25.00 13,241.00 0.00 0.00 Total Distribution to Program Salary 50% 13,241.00 0% 0.00 100% 13,241 Percentage of Distribution to Gross Salary 50% 0% 50% CD N C3J O W 00 Original Budget Narratives: FT,paid bi-weekly (p SOURCE OF MATCH: City of Miami Gardens a Budget Amendment Narratives: Approved Date: M 3 Salary Totals Percentage of Program Distribution to Gross Salary: 88% Percentage of CSC Distribution to Gross Salary: 70% Q Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Orig Amend Salary Salary FICA FICA Retire Retire Insur Insur WC WC Unemp Unemp Gross: 173,910.00 173,910.00 13,305.00 13,305.00 0.00 0.00 0.00 0.00 7,747.00 7,747.00 0.00 0.00 Program: 152,978.00 152,978.00 11,703.00 11,703.00 0.00 0.00 0.00 0.00 7,747.00 7,747.00 0.00 0.00 CSC: 121,452.00 121,452.00 9,291.00 9,291.00 0.00 0.00 0.00 0.00 5,979.00 5,979.00 0.00 0.00 Expense Data Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 532 Travel(participants) 7,680.00 7,680.00 17,230.00 17,230.00 Original Budget Calculation: 5280+2400+9550 Original Budget Narratives: Transportation for participants from school to programs sites and for field trips. SCHOOL YEAR:CITY OF MIAMI GARDENS VEHICLES TO BE USED AS MATCH @$50 per vehicle X 1 Van X 191 days for school year X 1 Sites=$9,550(Transportation from school to program site) SCHOOL YEAR: $240 per bus X 1 bus per site X 11 trips`X 2 sites=$5,280.00 Trips for 8 Teacher Planning days,2 Winter Break and 1 Spring Break SUMMER: $240 per bus X 1 bus per site X 10 trips X 1 sites=$2,400.00 PROGRAM ALLOCATION: $17,230 CSC ALLOCATION:$7,680.00 MATCHING FUNDS:$9,550 SOURCE OF MATCH: CITY OF MIAMI GARDENS gget Amendment Narratives: roved Date: N v ARount# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 5�t Meals(participants) 0.00 0.00 5,366.00 5,366.00 l) Original Budget Calculation: D Q 1041.25+4324.25 M Original Budget Narratives: D. d 2018-2019 After-School: Snacks are provided by USDA(FLIPANY as sponsor) 3 Snacks will be provided at a cost of$0.88 x 25 participants x 2 sites X 180 days=$7,920 for snacks TOTAL FOR AFTERSHCOOL: $7,920.00 # L 2019 Summer: Snacks are provided by USDA(SISTER OF ABUNDANT LIVING as sponsor) O Snacks will be provided at a cost of$0.85 x 25 participants x 1 sites X 49 days=$1,041.25 Lunch will be provided at a cost of$3.53 x 25 participants x 1 sites x 49 full days=$4,324.25 TOTAL FOR SUMMER: $5,365.50 Budget Amendment Narratives: Approved Date: - Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 535 Utilities 0.00 0.00 11,328.00 11,328.00 Original Budget Calculation: 11328 Original Budget Narratives: Utilities(Electricity,Water,cable and Internet) $944/per month average X 12 months=$11,328 PROGRAM ALLOCATION: $11,328.00 CSC ALLOCATION:$0.00 MATCHING FUNDS:$11,328.00 SOURCE OF MATCH:CITY OF MIAMI GARDENS Budget Amendment Narratives: Approved Date: Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 536 Supplies(office) 3,578.00 3,578.00 3,578.00 3,578.00 Original Budget Calculation: 1789`2 N (Q C>%Inal Budget Narratives: 411es needed to support the daily operations of the program to include copy paper,pens,clip boards,dry erase board,postage,toner,mouse pads,keyboards,and cleaning supplies. $0889 per site X 2 sites=$3578(Total of 1.67%which is less than the TCT allowable 2%) O W PRGRAM ALLOCATION: $3,578 CSC ALLOCATION:$3,578 D MATCHING FUNDS:N/A (o (D Budget Amendment Narratives: 0. Approved Date: CD Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 537 Supplies(program) 7,391.00 7,391.00 7,391.00 7,391.00 Original Budget Calculation: O 3000+3000+1391 Original Budget Narratives: Funding for program supplies such as sports equipment,games,arts and crafts,and books SCHOOL YEAR: $60 x 25 participants=$3000 Educational software,evidence based curricula $1,500 per site X 2 sites=$3,000 Funding for program supplies such as sports equipment,games,and arts and crafts SUMMER:$55.64 x 25 participants=$1391 TOTAL=$7,391(Total of 3.5%which is less than the TCT allowable 5%) PROGRAM ALLOCATION: $7,391 CSC ALLOCATION:$7,391 MATCHING FUNDS:N/A Budget Amendment Narratives: Approved Date: Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 540 Non-Capital Equipment 0.00 0.00 0.00 0.00 Original Budget Calculation: Original Budget Narratives: Budget Amendment Narratives: Approved Date: v (Q (D ASjount# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 5 Indirect Cost 1,309.00 1,309.00 1,309.00 1,309.00 O W OD 0) Original Budget Calculation: D 1308.66 �D 7 a Original Budget Narratives: Indirect Program Costs.62%of total budget. �D Budget Amendment Narratives: Approved Date: O Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 611 Subcontractor 0.00 0.00 0.00 0.00 Original Budget Calculation: Original Budget Narratives: Budget Amendment Narratives: Approved Date: Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 711 Professional Services(instructors) 7,220.00 7,220.00 7,220.00 7,220.00 Original Budget Calculation: 3610+3610 Original Budget Narratives: YOGA Today's youth face tremendous pressure to perform and achieve within an ever changing and overwhelming world. The tools of yoga and mindfulness are a proven method of developing the inner resilience needed to navigate physical,mental and emotional stress. Assisting our youth in building healthier life can increase their capacity to learn effectively,manage challenging emotions,self regulate behavior and achieve academic success. Listed below are some of the positive impacts of yoga: • positive mood and attitude changes • increases energy • improves ability to relax • improves posture • increases mental skills(self control and stress management) • teaches mindfulness iv S000l Year:$95.00 per class x 2 sites x 15 Weeks=$2,850.00 SwMmer:$95.00 per class x 1 sites X 8 weeks=$760 Y�A TOTAL: $3,610.00 O ZaBA Wcise is an important part of leading a healthy lifestyle. Zumba which means"move quickly"incorporates exercise in children's life in a fun,upbeat environment. Additional benefits of Zumba rT include:Increase in sell-confidence,improves coordination,elevates mood,improves memory and promotes an overall healthy lifestyle. D School Year:$95.00 per class x 2 sites x 15 Weeks=$2,850.00 Summer:$95.00 per class x 1 sites X 8 weeks=$760 Q ZUMBA TOTAL: $3,610.00 >j1 PROGRAM ALLOCATION: $7,220.00 CSC ALLOCATION:$$7,220.00 MATCHING FUNDS:N/A Budget Amendment Narratives: Approved Date: Account# Account Name Orig CSC Budget Amend CSC Budget Ong Prog Budget Amend Prog Budget 791 Professional Services(other) 22,500.00 22,500.00 22,500.00 22,500.00 Original Budget Calculation: 6200+12000+4300 Original Budget Narratives: NUTRITION CLASSES Cooking Matters is an engaging,fun,hands-on cooking class taught to adults,teens,kids and families by FLIPANY's chefs and/or nutrition educators.Research shows that graduates of the Cooking Matters course maintain healthy habits many months after they complete the program.Participants eat more fruits and vegetables,make healthier meals,and stretch food dollars with planning,using a shopping list,and comparing unit prices.Each course covers meal preparation,grocery shopping,food budgeting and nutrition in a fun and engaging way. The Cooking Matters evidence-based curriculum is based on the professional-level instructional materials,training,and evaluation. Cooking Matters has been featured by First Lady Michelle Obama's Let's Movel Campaign and has been recognized by the U.S.Department of Agriculture for excellence in nutrition education. Maximum of 15 participants per session(We could add another staff for 30 youth+$50) Grades 2nd-5,6-8,9-12(includes Job Skills) • Meets TCT requirements for structured SEL programming Meets TCT requirements for structured STEM programming • Meets TCT requirements for Skill-Building Focus on Arts(Culinary Arts) • Provides outcome measures pre,mid,and post program Includes Monitoring and Quality Assurance In-Kind matching includes equipment costs GANG ALTERNATIVE Focuses on providing life tools that last in youth through positive alternatives to violence by offering a holistic approach to workforce,academic,and social development.Includes job coaching and exploration,resume writing,interview techniques,group mentoring,effective use of social media,and soft skill development. SCHOOL YEAR: Cost for FLIPANY'S Cooking Matters Class$3,100 per site X 2 sites=$6,200 TOTAL COST FOR FLIPANY$6,200.00 SI TOOL YEAR: Cost for Gang Alternative$240 per child X 25 children X 2 sites=$12,000 *AL COST FOR GANG ALTERNATIVE: $12,000 SWE.M.Component for Youth during summer camp. .11 S MMER: Cost for Seek Foundation$2,150 X 2 sessions=$4,300 T AL COST FOR SEEK FOUNDATION:$4,300 W Oo POWGRAM ALLOCATION: $22,500.00 CSC ALLOCATION:$22,500.00 D MATCHING FUNDS:NIA (Q (D Budget Amendment Narratives: CL Approved Date: d Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 811 Other(advertising) 2,000.00 2,000.00 2,000.00 2,000.00 Original Budget Calculation: O 2000 Original Budget Narratives: Printing of flyers,banners and postcards to advertise programs $2,000 PROGRAM ALLOCATION: $2,000.00 CSC ALLOCATION:$2,000.00 MATCHING FUNDS:NIA Budget Amendment Narratives: Approved Date: Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 821 Other(background screening) 280.00 280.00 280.00 280.00 Original Budget Calculation: 210+70 Original Budget Narratives: Background screenings for new employees SCHOOL YEAR: $35 per screening X 6 staff=$210 SUMMER: $35 per screening X 2 staff=$70 PROGRAM ALLOCATION: $280.00 CSC ALLOCATION:$280.00 MATCHING FUNDS:N/A Budget Amendment Narratives: Approved Date: T O (J� Mount# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 8?S Other(admission to field trips) 9,600.00 9,600.00 9,600.00 9,600.00 O W Oo 0) Original Budget Calculation: D 6600+3000 M M fl. Original Budget Narratives: � Field Trips to enhance the overall experience of students in the program and provide them various arts,culture,educational and social experiences that relate to the program. Examples of possible 'y trips:Movies,bowling,golfing,college tours,college fair,career/job fair,sporting events(baseball game,college soccer practice/game),Museum of Science,Council meeting,Etiquette class or CD Painting class. SCHOOL YEAR: $12 per child X 25 children X 11 trips'X 2 sites=$6,600. Trips for 8 Teacher Planning days,2 Winter Break and 1 Spring Break SUMMER: $12 per child X 25 children X 10 trips(1 per week) X 1 Site=$3,000 O PROGRAM ALLOCATION: $9,600.00 CSC ALLOCATION:$9,600.00 MATCHING FUNDS:N/A Budget Amendment Narratives: Approved Date: Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 841 Program Specific Audit 3,000.00 3,000.00 3,000.00 3,000.00 Original Budget Calculation: 2000+1000 Original Budget Narratives: Cost to obtain licensed independent auditing firm to perform TCT required program specific audit. PROGRAM ALLOCATION: $3,000.00 CSC ALLOCATION:$3,000.00 MATCHING FUNDS:N/A Budget Amendment Narratives: Approved Date: Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 853 Other(Required Staff Training) 800.00 800.00 800.00 800.00 Original Budget Calculation: 100'8 Or%inal Budget Narratives: Q&Training and certifications for staff S&OOL YEAR: $100 per staff X 8 staff=$800 (,OEC AIDES(PT),2 CERT TEACHERS,2 REC AIDE I(FT)) Dt3F DOES NOT REGULATE SUMMER PROGRAMS O PaYGRAM ALLOCATION: $800.00 CW ALLOCATION:$800.00 MATCHING FUNDS:N/A D [a Budget Amendment Narratives: Approved Date: Q M Account# Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 891 Other(other) 8,000.00 8,000.00 8,000.00 8,000.00 Original Budget Calculation: O 3000+5000 Original Budget Narratives: First Aid and CPR Classes&Certifications SUMMER:$120 per certification X 25 youth=$3,000 LIFEGUARD CERTIFICATION We anticipate 20 students to be interested in becoming certified as a Lifeguard. We will offer this as part of the curriculum during summer camp. SUMMER: $250 per certification X 20 students=$5000 PROGRAM ALLOCATION: $8,000.00 CSC ALLOCATION:$8,000.00 MATCHING FUNDS:N/A Budget Amendment Narratives: Approved Date: Expense Totals Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 73,358.00 73,358.00 99,602.00 99,602.00 Salary,Expense,and Subcontractor Totals Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 210,080.00 210,080.00 272,030.00 272,030.00 v CD W O W 0D 0) Agenda Item #11.10 FLIPANY Program Program Funding Annual #of Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request$ Funds Justification Total: $0.00 0 FTE: 0.00 $0.00 FTE: $0.00 $0.00 0.00 Program Funding Operating Allocation Request Matching Expenses $ % Funds Justification Subcontractor $7,700.00 $7,700.00 $0.00 Cooking Matters is an engaging, fun, hands-on cooking class taught to adults, teens, kids and families by FLIPANY's chefs and/or nutrition educators. Research shows that graduates of the Cooking Matters course maintain healthy habits many months after they complete the program. Participants eat more fruits and vegetables, make healthier meals, and stretch food dollars with planning, using a shopping list, and comparing unit prices. Each course covers meal preparation, grocery shopping, food budgeting and nutrition in a fun and engaging way. The Cooking Matters evidence- Page 135 of 386 Agenda Item #11.10 based curriculum is based on the professional-level instructional materials, training, and evaluation. Cooking Matters has been featured by First Lady Michelle Obama's Let's Move! Campaign and has been recognized by the U.S. Department of Agriculture for excellence in nutrition education. Maximum of 15 participants per session (We could add another staff for 30 youth +$50) • Grades 2nd -5, 6-8, 9-12 (includes Job Skills) • Meets TCT requirements for structured SEL programming • Meets TCT requirements for structured STEM programming Meets TCT requirements for Skill-Building Focus on Arts (Culinary Arts) Provides outcome measures pre, mid, and post program Includes Monitoring and Quality Assurance • In- Kind matching includes Page 136 of 386 Agenda Item #11.10 equipment costs SCHOOL YEAR : Cost for Cooking Matters Class $3,100 per site X 2 sites = $6,200 Total: $7,700.00 $7,700.00 $0.00 Subcontractor $7,700.00 $7,700.00 $0.00 Total: Gang Alternative Program Program Funding Annual # of Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request$ Funds Justification Total: $0.00 0 FfE: 0.00 $0.00 FTE: $0.00 $0.00 0.00 Program Funding Operating Allocation Request Matching Expenses $ % Funds Justification Page 137 of 386 Agenda Item #11.10 Subcontractor $12,000.00 $12,000.00 $0.00 GANG ALTERNATIVE Focuses on providing life tools that last in youth through positive alternatives to violence by offering a holistic approach to workforce, academic, and social development. Includes job coaching and exploration, resume writing, interview techniques, group mentoring, effective use of social media, and soft skill development. SCHOOL YEAR: Cost for Gang Alternative $ 240 per child X 25 children X 2 sites =$12,000 Total: $12,000.00 $12,000.00 $0.00 Subcontractor $12,000.00 $12,000.00 $0.00 Total: S.E.E.K. Foundation, Inc. Program Program Funding Annual # of Allocation Allocation Request Funding Matching Positions Salary Positions % $ % Request $ Funds justification Total: $0.00 0 FTE: 0.00 $0.00 FTE: $0.00 $0.00 0.00 Program Funding Operating Allocation Request Matching Expenses $ % Funds justification Page 138 of 386 Agenda Item #11.10 Subcontractor $1,700.00 $1,700.00 $0.00 S.E.E.K. Foundation is to empower teenagers, parents, teachers, and he community to help protect lives and discover educational diverse programs that promote lifelong problen solvers beyond the classroom. Our purpose is to empower the youth of our community to be advocates for their own success by teaching real world and lifelong problen solving skills that take them into their adult life as successful adults. We understand the strengths, interests and preferences of youth in our service area and tailor our programs to meet these needs. Our goal is to improve the value of life for children of diverse backgrounds by providing public services that promote self- advocacy skills, innovative- strategic thinking skills and community involvement to become lifelong Page 139 of 386 Agenda Item #11.10 problem solvers. S.E.E.K. provides Science, Technology, Engineering, Mathematics (S.T.E.M.) services. Students are exposed to rigourous learning through evidence-based cirriculum. The program offers and presents the foundational courses that lead to success in challenging and applied courses in primary and secondary grades. The goal is to bridge and associate in- school and out-of school learning opportunities, teach students how to become innovators and problem solvers, locally, statewide and internationally through technology. S.T.E.M. Component for youth during summer camp SUMMER: Cost for SEEK foundation $850 X 2 = $1,700 TOTAL COSTS FOR SEEK FOUNDATION $1,700 Total: $1,700.00 $1,700.00 $0.00 Page 140 of 386 Agenda Item #11.10 Subcontractor $1,700.00 $1,700.00 $0.00 Total: Grand Total: $21,400.00 $21,400.00 $0.00 Page 141 of 386 Agenda Item #11.10 ATTACHMENT C: Data Requirements and Program Metrics The Children's Trust requires collecting ongoing measures on the quantity, quality and impact of service efforts. The purpose of data collection, reporting and analysis is to promote continuous improvement in program quality and participant outcome achievement. Contract-specific reporting requirements are identified in Attachment A- Scope of Services. The Program Metrics tool can be found on the Children's Trust website and it details the components that are regularly reviewed by Trust staff or approved contractors. These components—as well as the way they are rated—are specific to the initiative and can be revised throughout the funding cycle. Successful programs regularly monitor the quality of their own implementation at the site level, offer staff training and coaching on program components, and incorporate feedback from participants and staff. Data requirements: As applicable, provider is expected to collect and enter demographic, attendance, screening, and assessment data in a timely manner, while incorporating practices that ensure data quality and integrity. Data must be collected using the appropriate tools (e.g., required demographic fields can be found in the Child and Adult Information Forms found on The Children's Trust website) and entered in a timely manner into the Trust' approved data system. All data entered must be reviewed and validated by the provider no later than the 15th of month following the month in which services were delivered. As applicable, provider may also be expected to complete a Program Narrative Report (see initiative specific requirements— including timing—in the Initiative Specific Reporting Requirements on The Children's Trust website) that captures a brief account of the program's successes, challenges, and supports needed. With each submission, the provider attests, based on his/her best knowledge, information and belief, that all data submitted in conjunction with the reports are accurate, truthful and complete. The trust and approved partners shall use and analyze this data for evaluation and strategic planning purposes. Program Metrics: • Compliance Items: Provider shall fulfill all applicable compliance items specified in the safety, administrative and fiscal compliance component in the Program Metrics tool, as well as in the Required Documentation Checklist posted on The Children's Trust website. • Quarterly or Yearly Growth Plan: In partnership with the Contract Manager, the provider will develop and implement Growth Plans up to four times per contract year. A Growth Planning Guidance Document with additional information can be found on The Children's Trust website. Additional Program ContinuousQuality Improvement Requirements: Provider must ensure appropriate staff and subcontractors attend various Trust-sponsored or facilitated trainings. Training requirements by initiative are detailed on The Children's Trust website. At a minimum, staff will be required to attend the following annually: • Contract management trainings • The Children's Trust provider meetings • SAMIS training for budgets, amendments, invoices, SAMIS programmatic and reports trainings • Content-specific trainings related to program quality and performance measures (e.g., Injury Free, ACT, Project RISE, evidence-based programs, and measurement tools). Page 142 of 386 Agenda Item #11.10 Attachment D Program-Specific Audit Requirements The Program-Specific Audit must encompass an audit of The Children's Trust Contracts in accordance with Section O: Records, Reports, Audits and Monitoring of this Contract. The comprehensive nature of auditing performed in accordance with the standards set forth below places on the independent certified public accounting firm (CPA) the responsibility for ensuring that (1) the audit is conducted by personnel who have the necessary skills; (2) independence is maintained; (3) applicable standards are followed in planning and conducting audits and reporting the results; (4) the organization has an appropriate internal quality control system in place; and (5) the organization undergoes an external quality control review. Program-Specific Audits must be conducted in compliance with AU-C 935 and are required to include performing tests of controls over compliance. An auditor's risk assessment must include an expectation of the operating effectiveness of controls over compliance, and in doing so, the assessed control risk must be assessed at low during the planning stage. If the auditor determines a lack of controls and identifies risk of material noncompliance that demonstrates internal controls do not exist or are not effective regarding the compliance requirement, a response to such risks should be developed, and a finding (significant deficiency or material weakness) should be reported. The auditor's test work and sample size of each compliance requirement should be the result of the assessed level of inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust Contracts. The Program-Specific Audit requires the following components (a sample format may be found on The Children's Trust website): 1. Independent Auditor's Report on the Schedule of Expenditures of The Children's Trust Contracts 2. Schedule of Expenditures of The Children's Trust Contracts 3. Notes to Schedule 4. Independent Auditor's Report on Compliance for each of The Children's Trust Contracts and Report on Internal Control over Compliance 5. Schedule of Findings and Questioned Costs At a minimum, the auditor must include the following tests in its audit program to ensure that the compliance requirements set forth in The Children's Trust compliance supplement are met. They are: The Children's Trust Compliance Supplement to the Program-Specific Audit: Compliance Program-Specific Audit Example Requirement Implication Page 143 of 386 Agenda Item #11.10 a) Internal Controls 1)An auditor's risk assessment A) Controls tested during the financial must include an expectation of statement audit may not consider the operating effectiveness of compliance as it relates to The controls over compliance, and in Children's Trust's Contract. Overall doing so, the assessed control control risk must consider each risk must be assessed at low compliance requirement tested during during the planning stage. If the the Program-Specific Audit. Separate auditor determines a lack of risk assessment procedures and controls and identifies risk of materiality should be performed and material noncompliance that generated for a Program-Specific demonstrates internal controls Audit. do not exist or are not effective regarding the compliance requirement, a response to such risks should be developed, and a finding (significant deficiency or material weakness) should be reported. The auditor's test work and sample size of each compliance requirement should be the result of the assessed level of inherent risk and control risk as it relates to each compliance requirement as stated in The Children's Trust Contracts b) Budget vs. Actual 1)The approved budget is to A)Test work should include a schedule Expenditures include the original approved identifying each Contract and its Contract as well as any original/ amended budget, monthly approved budget billings, Contract utilization and any amendments/revisions. analytical expectations that may identify any overbillings. i. The current Children's Trust electronic system does not allow providers to overbill any budgeted line item or Contract allocation, however, if Contract utilization is greater or less than expected, this could indicate that a budgeted salary rate is not the employee's actual rate. Provider must compensate employees at the rate stated on the budget. Any difference in rate would warrant a finding in the Program-Specific Audit Report. Page 144 of 386 Agenda Item #11.10 c) 1) Requires that the nature of A) If Provider asks to be reimbursed Allowable/Unallowable services and type of costs paid for six (6) field trips to teach children Activities and Costs are in agreement with the social skills, only field trips contractual budget and/or enumerated in either the contractual Common unallowable budget amendment/revision's budget narrative or the contractual costs: Scope of Services and budget Scope of Service will be reimbursed. guidelines. 1. Salary rates, payroll AND/OR B) If the contractual budget, lists a methods and hours Requires that activities program coordinator position at billed that do not match performed or costs paid with The $25.00/hour, the provider must pay original or amended Children's Trust funds are listed the program coordinator and charge budgets. in the contractual budget The Children's Trust $25.00/hour. The narrative or a contractual budget provider cannot substitute funding 2. Fringe benefits billed amendment/revision narrative. identified for the program coordinator to The Children's Trust to any other position. for employees not 2)Any cost or service billed that included in Contract is not approved in the Contract's C) If the contractual budget, lists a budget and are budget is a finding and reported program coordinator's position, with unrelated to the as a questioned cost on the dedicated time charged to The program. Program-Specific Audit Report. Children's Trust program of 25%, the provider must keep records of an 3. Professional services 3) If any cost or service is billed employee's time to substantiate that billed within regular in more than one Contract, and 25%of time was in fact earned and salaries and wages. the billings are in excess of the charged to The Children's Trust total disbursement or approved program. 4. Capital purchases allocation, the expense has been disguised as repairs. overbilled or double billed D) If three Contracts list a program and should be considered a coordinator's total budgeted salary as 5. Sales taxes and tips. finding. $100,000.00 and each Contract will reimburse $35,000.00 (35%), then a 6. Fuel. 4)The Children's Trust funds possible overbilling of $5,000 may must supplement a program; have occurred 7. Food and beverage supplanting of funds is ($35,000.00*3=$105,000.00 or costs for parties, unallowable. A provider may 35%*3=105% Children's Trust salary celebrations, end-of- not use Contract funds to defray allocation). program events, and any costs that the recipient conferences or already is obligated to pay. (See E) If an invoice is submitted to The conventions, unless example F.) Children's Trust that includes food while attending an out- charges for end-of-year parties and of-town conference or celebrations, those costs are NOT convention. allowable per The Children's Trust budget guidelines and cannot be paid 8. Monetary gift cards by The Children's Trust. as incentives. F) If a provider, prior to applying to A detailed listing of all participate in the contracted program, costs and activities committed to purchase 10 new considered allowed and computers for another program, the unallowed can be provider must purchase those 10 viewed in the Budget computers in addition to any other Guidelines form on The computers requested for The Children's Trust Children's Trust program. website. d) Cash Management 1) With the exception of the last A) If payroll is paid on 3/31, it should month of the Contract period, be disclosed in March's monthly invoices must represent reimbursement. costs actually paid during the Contract period (cash basis), B) If payroll is paid on 4/1, but rather than costs incurred or represents time charged in March, it accrued. should be disclosed in April's reimbursement. Page 145 of 386 Agenda Item #11.10 e) Period of Availability 1) Requires provider to charge A) If the active Contract period extends The Children's Trust grant with from 8/1 through 7/31, and provider only allowable costs resulting expends $250.00 for office supplies on from obligations incurred during 9/30 during said Contract period, that the funding period. expenditure must support program services performed during the Contract term. B)The following items warrant the most attention at the beginning and end of Contract periods: L Payroll from expired Contracts is not allowed to be billed in the first month of the renewed Contract if it was paid during the invoiced month but was incurred in prior Contract. Reporting requirements for final invoice allow this payroll to be expensed and reimbursed in prior Contract. Only the portion of payroll incurred during the Contract period may be billed. ii. Utilities iii. Insurances Page 146 of 386 Agenda Item #11.10 f) Special Provisions 1) Eligibility requirements related Each of the following special provisions to Contract expectations such as must be tested: type of participants served, number of participants served A) Insurance requirements (further and background checks should described in Section K: Insurance NOT be tested as part of The Requirements of this Contract) Children's Trust Program-Specific Audit. The Program-Specific i. Auditor should determine if all Audit is meant to test the fiscal applicable insurance policies viability of the provider. were carried during the fiscal Therefore, certain-Contract year. provisions that support the fiscal viability of the provider should be tested. B) Proof of tax status (further described in Section L: Proof of Tax Status of this Contract) ii. Auditor should vouch that applicable documents verifying that all incurred payroll and unemployment taxes have been paid. C) Data security obligation (further described in Section O: 12 of this Contract) i. Auditor should obtain and/or understand the provider's data security policy. D) Subcontractor agreements (if applicable) i. Auditor should obtain and understand any agreements made with subcontracted parties. Additionally, the auditor should obtain and understand any provider monitoring procedures. E) Matching Funds i. In some cases, a required match is contracted. This will be indicated in Section C: Total Funding of this Contract. Verify the applied method the provider uses to satisfy match requirements. Also, verify that provider maintains documentation to back up match requirements. The independent auditor's report shall state that the audit was conducted in accordance with: (1) auditing standards generally accepted in the United States of America; (2) the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and (3) the Program-Specific Audit Requirements listed in The Children's Trust Contract. Page 147 of 386 Agenda Item #11.10 ATTACHMENT E-1 Affidavit under Penalty of Perjury for Level 2 Background Screenings Affidavit under Penalty of Perjury Affirming Compliance with Background Screening for Provider Personnel, Volunteers, and Subcontracted Personnel, as applicable. In accordance with Sections 943.0542, 984.01, Chapter 430, 435, 402, 39.001, and 1012.465 Florida Statutes,and pursuant to the requirements of Paragraph R. Background Screening of this Contract, the undersigned affiant makes the following statement under oath and under penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment not to exceed one year and/or a fine not to exceed $1,000, pursuant to Sections 837.012 and 775.082, Florida Statutes. All full-time, part-time, contracted staff and volunteers, along with the staff and volunteers provided to the program by a subcontractor have been checked against The Dru Sjodin National Sex Offender Public Website http://www.nsopw.gov/eng (Check must have taken place within 30 calendar days prior to the signing of this document.) STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared (CEO/Executive Director)Authorized Provider Representative of (Provider Named who being by me first duly sworn, deposes and says: I swear and affirm that the above-named contracted Provider is compliant with the requirements for personnel background screening detailed in Sections 943.0542,984.01,Chapter 435,402,39.001, and 1012.465 Florida Statutes, as applicable, for all personnel having direct contact with children. (Signature of CEO/Executive Director/HR Director) Date Sworn to and subscribed before me at Miami-Dade County, Florida this_day of 20_by Who is personally known to me Who produced identification: Type of identification Signature of Notary Public State of Florida at Large Print,type or stamp name of notary public My Commission Expires: Page 148 of 386 Agenda Item #11.10 �AvfrAR,. ATTACHMENT E-2 °RFN',,r_ Ac, CHILD CARE MYFI FAM I I IFS CONN AFFIDAVIT OF GOOD MORAL CHARACTER State of Florida County of Before me this day personally appeared who, being duly sworn, deposes and says: (Applicant's/Employee's Name) As an applicant for employment with, an employee of, a volunteer for, or an applicant to volunteer with , I affirm and attest under penalty of perjury that I meet the moral character requirements for employment, as required by Chapter 435 Florida Statutes in that: I have not been arrested with disposition pending or found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for,any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction for any of the offenses listed below: Relating to: Section 393.135 sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct Section 394.4593 sexual misconduct with certain mental health patients and reporting of such sexual misconduct Section 415.111 adult abuse,neglect,or exploitation of aged persons or disabled adults or failure to report of such abuse Section 741.28 criminal offenses that constitute domestic violence,whether committed in Florida or another jurisdiction Section 777.04 attempts,solicitation,and conspiracy Section 782.04 murder Section 782.07 manslaughter,aggravated manslaughter of an elderly person or disabled adult,or aggravated manslaughter of a child Section 782.071 vehicular homicide Section 782.09 killing an unborn child by injury to the mother Chapter 784 assault,battery,and culpable negligence,if the offense was a felony Section 784.011 assault,if the victim of offense was a minor Section 784.03 battery,if the victim of offense was a minor Section 787.01 kidnapping Section 787.02 false imprisonment Section 787.025 luring or enticing a child Section 787.04(2) taking,enticing,or removing a child beyond the state limits with criminal intent pending custody proceeding Section 787.04(3) carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person Section 790.1 15(1) exhibiting firearms or weapons within 1,000 feet of a school Section 790.115(2) (b) possessing an electric weapon or device,destructive device,or other weapon on school property Section 794.011 sexual battery Former Section 794.041 prohibited acts of persons in familial or custodial authority Section 794.05 unlawful sexual activity with certain minors Chapter 796 prostitution Section 798.02 lewd and lascivious behavior Chapter 800 lewdness and indecent exposure Section 806.01 arson Section 810.02 burglary Section 810.14 voyeurism,if the offense is a felony Section 810.145 video voyeurism,if the offense is a felony Chapter 812 theft and/or robbery and related crimes,if a felony offense Section 817.563 fraudulent sale of controlled substances,if the offense was a felony Section 825.102 abuse,aggravated abuse,or neglect of an elderly person or disabled adult Section 825.1025 lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult Section 825.103 exploitation of disabled adults or elderly persons,if the offense was a felony Section 826.04 incest Section 827.03 child abuse,aggravated child abuse,or neglect of a child Section 827.04 contributing to the delinquency or dependency of a child Former Section 827.05 negligent treatment of children Page 149 of 386 Agenda Item #11.10 Section 827.071 sexual performance by a child Section 843.01 resisting arrest with violence Section 843.025 depriving a law enforcement,correctional,or correctional probation officer means of protection or communication Section 843.12 aiding in an escape Section 843.13 aiding in the escape of juvenile inmates in correctional institution Chapter 847 obscene literature Section 874.05(1) encouraging or recruiting another to join a criminal gang drug abuse prevention and control only if the offense was a felony or if any other person involved in the offense was a minor Section 916.1075 sexual misconduct with certain forensic clients and reporting of such sexual conduct Section 944.35(3) inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm Section 944.40 escape Section 944.46 harboring,concealing,or aiding an escaped prisoner Section 944.47 introduction of contraband into a correctional facility Section 985.701 sexual misconduct in juvenile justice programs Section 985.711 contraband introduced into detention facilities I understand that I must applicable acknowledge the existence of any criminal record relating to the above lists of offenses including those under any similar statute of another jurisdiction, regardless of whether or not those records have been sealed or expunged. Further, I understand that, while employed or volunteering at in any position that requires background screening as a condition of employment, I must immediately notify my supervisor/employer of any arrest and any changes in my criminal record involving any of the above listed provisions of Florida Statutes or similar statutes of another jurisdiction whether a misdemeanor or felony.This notice must be made within one business day of such arrest or charge. Failure to do so could be grounds for termination. I attest that I have read the above carefully and state that my attestation here is true and correct that my record does not contain any of the above listed offenses.I understand,under penalty of perjury,all employees in such positions of trust or responsibility shall attest to meeting the requirements for qualifying for employment and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses. I also understand that it is my responsibility to obtain clarification on anything contained in this affidavit which I do not understand prior to signing. I am aware that any omissions, falsifications, misstatements or misrepresentations may disqualify me from employment consideration and, if I am hired, may be grounds for termination or denial of an exemption at a later date. SIGNATURE OF AFFIANT: Sign Above OR Below, DO NOT Sign Both Lines To the best of my knowledge and belief, my record contains one or more of the applicable disqualifying acts or offenses listed above. I have placed a check mark by the offense(s) contained in my record. (If you have previously been granted an exemption for this disqualifying offense, please attach a copy of the letter granting such exemption.) (Please circle the number which corresponds to the offense(s) contained in your record.) SIGNATURE OF AFFIANT: Sworn to and subscribed before me this day of 20_. SIGNATURE OF NOTARY PUBLIC,STATE OF FLORIDA (Print,Type,or Stamp Commissioned Name of Notary Public) (Check one) Affiant personally known to notary OR Affiant produced identification Page 150 of 386 Agenda Item #11.10 ATTACHMENT E-3 Child Abuse & Neglect Reporting Requirements i All child care personnel are mandated by law to report their suspicions of child abuse, neglect, or abandonment to the Florida Abuse Hotline in accordance with s. 39.201 of the Florida Statutes (F.S.). * Child care personnel must be alert to the physical and behavioral indicators of child abuse and neglect. "Child Abuse or Neglect" is defined in s.39.201, F.S.,as "harm or threatened harm"to a child's health (mental or physical) or welfare by the acts or omissions by a parent, adult household member,other person responsible for the child's welfare, or for purposes of reporting requirements by any person. Categories include: - Physical Abuse or Neglect (i.e. unexplained bruises, hunger, lack of supervision...) - Emotional Abuse or Neglect (i.e. impairment in the ability to function, depression...) -Sexual Abuse (i.e.withdrawal, excessive crying, physical symptoms...) * Reports must be made immediately to the Florida Abuse Hotline Information System by -Telephone at 1-800-96-ABUSE (1-800-962-2873), or -Fax at 1-800-914-0004, or -Online at htto://www.dcf.state.fl.us/abuse/report/. * Failure to perform duties of a mandatory reporter pursuant to s.39.201, F.S. constitutes a violation of the standards in ss. 402.301-319, F.S. and is a felony of the third degree. Remember, it is each child care personnel's responsibility to report suspected abuse and/or neglect. * All reports are confidential. However, persons who are mandated reporters (child care personnel) are required to give their name when making a report. * It is important to give as much identifying and factual information as possible when making a report. * Any person,when acting in good faith,is immune from liability in accordance with s.39.203(1)(a), F.S. * For more information about child abuse and neglect, visit the Department's website at and select "Training Requirements." The Department offers a 4-hour Identifying and Reporting Child Abuse and Neglect course for child care providers. This course is an overview of the various types of abuse and neglect, indicators that may be observed, the legal responsibility of mandatory reporters,and the proper procedure for reporting abuse and neglect, as required by ss. 402.305(2) and 402.313(1), F.S. The course is offered both online and instructor-based throughout Florida. This statement is to verify that on 20 , I, Date Print Name of Employee Read and understood the information and my mandated reporting requirements. Signature of Employee for facility or large family child care homed Signature of Operator Page 151 of 386 of P` Agenda;Iteg ;1'1.10 s °RFNANO\PATTACHMENT E-4 MYFLFAMI L IFS COM BACKGROUND SCREENING & PERSONNEL FILE REQUIREMENTS Place in employee file and attach all background screening documentation. Authority: s. 402.301-319, F.S., and s. 435, F.S. Name of Employee: Name of Facility: *Social Security #: Date of Birth: Employment Date: *Pursuant to Chapter 435.05,F.S.,the Department's license/registration application requires personnel to give their Social Security number for the purposes of background screening.Social security numbers are used by the Department for identity verification only. Position Classification Position Type Age Group Assigned Education Level (check one) (check all that apply) (check one) (check one) Child Care Personnel Owner 0-12 Months No High School/GED Intermittent Volunteer Director 1 Year High School Student Other Personnel Lead Teacher 2 Years High School/GED (must select age group) 3 Years National Early Childhood Credential VPK Instructor 4 Years Birth Through Five Child Care Credential Assistant Teacher 4 Years VPK School-Age Child Care Credential Substitute 5+Years Associates Degree Mixed Bachelor's Degree Not Applicable Master's Degree or Higher SCREENING DOCUMENTATION All child care personnel are required by law to be screened pursuant to Chapter 435, F.S., as a condition of employment and continued employment. Initial Screen Date Livescanned Date completed FINGERPRINT FDLE FBI FDLE FBI Affidavit of Good Moral Character N/A (due on or before employment,following a 9 break,or when changing employers) 5 Year Re-screen Date Livescanned Date completed FINGERPRINT FINGERPRINT FINGERPRINT OTHER REQUIREMENTS Date Employment References Checked: Names of References (attach additional documentation if necessary): Leave of Absence Documentation from Employer (if applicable): Page 152 of 386 Agenda Item #11.10 ATTACHMENT G Data Security Definitions "Authorized Employees" means Provider's employees who have a need to know or otherwise access Personal Information to enable Provider to perform its obligations under this Agreement. "Authorized Persons" means (i) Authorized Employees; or (ii) Provider's subcontractors approved by The Children's Trust who have a need to know or otherwise access Personal Information to enable Provider to perform its obligations under this Agreement, and who are bound in writing by confidentiality obligations sufficient to protect Personal Information in accordance with the terms and conditions of this Agreement. "Unauthorized Third Party" means any person other than Authorized Employee or Authorized Person(s). "Highly-Sensitive Personal Information" means an individual's (i) government-issued identification number (including, without limitation, social security number, driver's license number or state-issued identified number); (ii) financial account number, credit card number, debit card number, credit report information, with or without any required security code, access code, personal identification number or password, that would permit access to an individual's financial account; or (iii) biometric or health data. "Personal Information" includes Highly-Sensitive Personal Information or any of the following: i. An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: 1. A social security number; 2. A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; 3. A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; 4. Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or 5. An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. ii. User name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. Notwithstanding the foregoing, the term "Personal Information" shall not include information (1) about an individual that has been made publicly available by a federal, state, or local governmental entity; or (2) that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. "Security breach" or "breach" means unauthorized access of data in electronic form containing personal information, or a breach or alleged breach of this Agreement relating to such privacy practices. Good faith access of Personal Information by an employee or agent of the covered entity shall not constitute a breach of security under this Agreement, so long as the information is not used for a purpose unrelated to the business of The Children's Trust, or as a result of any other unauthorized use. Page 153 of 386