Loading...
Children's Trust - Youth Enrichment, Employment and SupportCONTRACT NO. 2016-2760 BETWEEN THE CHILDREN’S TRUST AND City of Hialeah FOR You th Enrich ment, Em ployment an d Sup p orts   Agency's addres s : 7400 W 24th Avenue Hialeah, FL 33016 Agency's federal identific atio n number:59-6000335 Vendor's identific atio n number:CITYO276 Effective term:8/1/2019 through 7/31/2020 Contract amount shall no t exc eed:$375,000.00 Required match amount (if applicable):$0.00 Appro ved by res o lution number:,2019-61 Agency’s authorized offic ial fo r notices Education Super visor Agency’s c ustodian of public rec o rds (applicable if Agency is subject to Chapter 119, Florida Statutes):Pr ogram Dir ector THIS CONTRACT is b etween Th e Ch ildren ’s Tru st, wh ose ad d ress is 3150 S W 3rd Avenue, 8th Floor, Miami, FL 33129, an d City of Hialeah, hereafter referred to as “Provider,” whose address is listed above. In consideration of the mutu al c ovenants herein, Th e Ch ildren ’s Tru st and Provider (hereafter collectively referred to as “Parties”) agree as follows:   Th is Contract is su b jec t to funding availability and Provid er’s performanc e. A. TERMS OF RENEWAL, if applicable  In the sole discretion of The Children’s Trust, this Contract may be ren ewed with Provider’s au thorization . Contract renewals will be contingent upon The Children's Trust's board ("board") approval and in ac cordanc e with applicable solicitation documents for servic es provided. Such renewal may not exceed fi ve (5 ) terms. I n determining wheth er to renew Provider’s c ontract, The Children 's Trust will consider factors that inc lude, but are not limited to the following: 1. Continued demonstrated and documented need for the services. 2. Provid er's satisfac tory p rogram performanc e, fisc al performan ce, an d comp liance with th e terms of th e Contract, as determined by Th e Children’s Trust in its sole d isc retion. 3. Availability of funds. B. SCOPE OF SERVICES All Providers 1. Provid er agrees to render services in accordan c e with Attachm ent A: Scop e of Services (hereafter “Servic es”), to this Contract. Provider shall imp lement the Services in a manner d eemed satisfactory to The Ch ildren’s Trust. Any mod ification to the Services shall not b e effective until approved, in writing, by The Children’s Trust and Provid er. 2. The Services activities and performance measures, as well as c omplete and acc u rate data and programming information , as ap p ropriate, will be used in the evaluation of Provider’s overall performance. 3. Provid er agrees th at all funding for direct commu n ity services provided by Th e Child ren’s Trust, pursu an t to this Contract, will b e used exclusively for Servic es in and for th e benefit of Miami-Dade Cou n ty residents. Direc t community services refer to servic es or p rograms such as after-school, su mmer and parenting services offered to child ren and families in Miami-Dade County.   Sch ool-based Health Providers only In ad d ition to the three requiremen ts above, th e sc h ool-based health providers must abid e by the following: 4. Servic es under this Contract shall b e available to all stu den ts, upon referral, at th e designated school sites regardless of financial status or soc ial/economic backgrou n d . Provider is responsible for the clinical supervision of all direc t staff. 5. Provid er is solely resp on sib le for securing comp liance with any applic able state and federally mandated requirements for consents for health servic es, includin g medical treatment, and compliance with notifi c ation of privac y prac tic es. Provider shall secure parental c on sent for h ealth servic es.  All consents for treatmen t shall specifi c ally state th at all treatment is being rendered b y Provid er and not by The Ch ildren's Trust. Contract #2016-2760, Resolution,2019-61 | Page 1 of 65 6. Provid er shall comp ly with applicable state and federal laws an d Miami-Dade County Public Schools' (M-DCPS) policies and regu lations relating to th e confi den tiality of student rec ords and information. Provider assures it shall provide the parents, or the stu d ent who is beyond the age of eig h teen (1 8 ), the right of acc ess to medical rec ords, as spec ified in sec tion 228.0 9 3 , Florida Statutes, and Rule 6A-1.0955, F.A.C. 7. Upon request from the Florida Dep artment of Health, Provider shall provid e evid ence of appropriate cred entials and/or licenses of all direct staff assigned to the schools. 8. Where applicable, Provider shall comply with the Health I nsu rance Portability and Accountability Act of 1996 (HIPAA), as well as, all regulations promulgated th ereunder (4 5 CFR Parts 1 6 0 ,162, and 164). 9. Provid er may apply for Medicaid reimb u rsement, third party b illing or any type of reimb u rsement available to patients.  Provider is solely responsible for compliance with, and adheren ce to, all state and federal laws and regulation s for health care related services, including, but not limited to, privacy and c onfidentiality. C.  TOTAL FUNDING Subject to the availab ility of funds, the maximum amount payable for S ervices 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 op tion of The Children’s Trust with a proportional reduction in services. Provider agrees to ad h ere to Attachm en t B: Other Fiscal Requirements, Budg et and Method of Paymen t, of this Contract.   D.  FISCAL MANAGEMENT 1. Double Billin g and Paym en ts Provider costs or earnings claimed under this Contract may not also be claimed under any other contrac t or gran t from The Children’s Trust or, unless such c laim is denied by Th e Children’s Tru st, from any other agenc y. Any claim for double payment by Provider shall be a material breac h of th is Contract.   2. No Su pplan ting of Existin g Pub lic Funds  Th e Child ren’s Trust funding may not be used as a su bstitute for existing resources or for resources that would otherwise be availab le for children’s services, or to replace fu n d ing previously provided by, and c u rren tly available from, loc al and state funding sou rces for the same purpose. A violation of this sec tion is a material breach of this Con trac t. 3. Capital Equ ipm ent  Cap ital equip ment is individual items with a value of $1 ,000.0 0 or greater whic h have a life expec tancy of more than on e (1 ) year.  All cap ital equip ment acquired by Provider valued at less than $10,000.00 an d reimb u rsed by The Ch ildren’s Trust shall be c apitalized b y the Provider, and Provider sh all retain all rights and possession of eq u ipment unless this Con trac t is subject to termination or early c ancellation. Shou ld this Con trac t be terminated or not renewed, Th e Children’s Trust may, in its sole discretion , acquire rights an d possession of all reimbursed c apital equipment th at is not fully depreciated. All c apital equ ipment acquired by Provider valu ed as equal to or greater than $10,000.00 and reimbursed by The Children’s Trust shall be capitalized b y The Ch ildren’s Trust, an d The Child ren’s Trust shall retain all rights to that eq u ipment until the item is fully depreciated. Shou ld this Con trac t b e su b jec t to termin ation or early c ancellation, Th e Child ren’s Trust, in its sole discretion, may acquire possession of all reimb u rsed capital equip ment th at is not fully deprec iated. Any or all such qualifyin g capital equipment shall be retu rned to The Children’s Trust or its designee(s) upon request. Provider is to maintain proof of Property Coverag e in ac c ordance with the in suranc e req u irements prescribed in Section K: In su ran ce Requirements of this Con trac t. 4. Assignments and Subcontracts  Provider sh all not assign this Con trac t to another party. Provider shall not subcontract an y S ervices under this Con trac t without prior written approval of Th e Children’s Trust.   For contracts in volving direc t community services, Provider and subcontractor must be qualifi ed to conduc t business in the state of Florida at the time that a subc on trac tor agreement is executed .   In any subcontract, Provider shall in c orporate language from th is Contract into each subc on trac t and shall require each subcontractor providin g Services to be governed by the terms an d c on d itions of this Contract. Provider sh all submit to Th e Children’s Trust a c op y of eac h subcontract to th is Contract within 30 (th irty) calendar days of its execution. Subcontractors are only entitled to reimbu rsement for services rendered upon receipt of exec uted subcontracts. All subcontractors are subject to monitoring by Provider and/or The Children’s Trust, in the same manner as Provider under th e terms of this Contract. Provid er ac kn owledges and agrees that Th e Children ’s Trust an d any subcon trac tor to th is Con trac t have authority to c ommunic ate and exchange information about the Con trac t, the program and/or fisc al issues. Provider waives any an d all claims, demands, and/or legal action based upon any such communications. Contract #2016-2760, Resolution,2019-61 | Page 2 of 65 Provider shall be responsible for all Services p erformed and all expenses in c u rred under this Con trac t, in cluding Services provided an d expenses incurred by any an d all subcontractors. Provider, not The Children ’s Trust, sh all be solely liable to an y subc ontractor and for all expenses or liabilities inc urred under any subcontract.    All payments to any con trac ted su b contractor shall be paid d irectly by Provider to the subcontractor. The Children’s Trust shall not pay any su b c ontractor unless sp ecifi c ally agreed to in writing b y Th e Ch ildren’s Tru st with notifi cation to the Provid er. I n 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 su b contractor. 5. Religiou s Purposes  Provider and/or its faith-b ased community p artner shall n ot use any funds provided under this Contract to support an y inherently religiou s ac tivities, includin g , b u t n ot limited to, an y religiou s instruction, worship, proselytization, publicity or marketing materials. Any such use by Provider shall be a material breach of this Contract.    6. Lobbyin g  Provider shall n ot use any funds provided u n d er this Contract or any other funds p rovided by The Child ren’s Trust for lobbying an y federal, state or local government or legislators. Any such use by Provider sh all be a material breach of this Contract. 7. Adverse Action or Proceedin g  Provider shall n ot u se any funds awarded by Th e Children’s Tru st, under this Con trac t or otherwise for legal fees, or an y leg al or other su ch actions, inclu d ing, but not limited to, ac tive in vestigations that Provider is a party or witness. Any suc h use by Provider shall be a material b reach of this Contract.   8. Com p lian ce Provider agrees to maintain and ensu re its complianc e, as applicable, with federal, state, county and local laws. This includes, but is not limited to, adherence to I RS rules and regulations req u iring timely filing of tax doc u ments to maintain tax-exemp t status and payment of payroll taxes, as ap p licable, th roughout the term of th e Con trac t and an y suc h ren ewals thereof.   Provider further agrees to maintain a current listing of its agenc y, program(s) and site(s) in the HELPPages resource directory available online and used b y 211, Miami-Dade Cou n ty’s health and human servic es information and referral helpline, managed by Jewish Community Servic es of Sou th Florida, Inc.    E.  INDEMNIFICATION BY PROVIDER 1. Governm en t Entity  Subject to the limitations set forth in section 768.28, Florida Statu tes, both parties agree to be fu lly responsible for their own ac ts of neglig ence, or their agents' negligenc e when acting with in the sc op e of their employment, and ag ree to be liable for any damages resu lting from said negligence.  Nothin g herein is in tended to serve as a waiver of sovereign immunity to an y party to which sovereign immunity may be applic able.  Nothing herein shall be c onstrued as consent by a state agen c y or political su b d ivision of th e State of Florida to be sued by third parties in an y matter arisin g out of any agreement, as d efined in section 7 6 8 .28, Florida S tatutes. 2. All Oth er Providers Provider sh all in d emnify, defend, an d h old harmless The Children ’s Trust and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, includin g reasonable attorney fees and costs of defense, whic h The Children’s Trust or its offi cers, employees, agents or instrumen talities may incur as a result of c laims, demands, su its, cau ses of action or proc eedin g s of any kind or nature arising out of, relatin g to, or resulting from the p erforman ce of this Contract by Provider or its employees, agents, servants, partners, p rin cipals or subcontractors, exc ep t matters arising from The Child ren’s Trust’s negligenc e, willful or wanton acts or omissions. Provider shall pay all claims an d losses in connection therewith and shall in vestigate and defen d all claims, su its or actions of any kind or nature in the n ame of The Child ren’s Tru st where applicable, includin g ap p ellate proceed ings, an d shall pay all costs, ju d g ments and reasonable attorn ey fees whic h may issu e thereon. Provider agrees that any insurance protection required b y this Con trac t or oth erwise provided b y Provider shall in no way limit the responsibility to indemnify, keep and save h armless an d defend, The Children ’s Tru st or its officers, employees and ag ents. Th e provisions of this sec tion on indemnification shall survive the expiration or termination of this Con trac t   F.  INTELLECTUAL PROPERTY AND RIGHT TO DEVELOPED MATERIALS  Where fu n d ing from this Contract is used to produce original or non-min or alteration s an d /or enhanc ements to software designs or meth ods or tec h n iques, writing, data, sou n d rec ordin g s, p ictorial reproductions, drawings or other graphic representation s and works of similar nature (herein after “developed materials”), legal title and every right, interest, claim or deman d of an y kind in and to any c op yrig h t, trad emark or patent, or ap p lication for the Contract #2016-2760, Resolution,2019-61 | Page 3 of 65 same, in such developed materials will vest in Provider.  Notwith standing the foregoing, Provider ag rees 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 su ch developed materials, in whole or in part, to oth ers acting on beh alf of The Child ren’s Trust, and other providers funded b y The Children’s Trust, provid ed th at such use, duplication, or disc losure does not c ompromise th e validity of any developed materials or any c op yright, trademark or patent rights thereto. Such license shall not extend to scien tifi c publications. In the event of a d ispute, both parties agree to participate in meditation to resolve the matter.    G. INTELLECTUAL PROPERTY LICENSING FEES AND COSTS  If Provider in corporates I n tellec tual Prop erty, third party software, to provide Services required u n d er this Contract, Provider is solely responsible for payment of required licensing fees and c osts. Such licensing should be in th e exclusive name of Provider. H.  PUBLIC RECORDS  For purposes of this section, the term “public rec ords” shall mean all doc uments, papers, letters, electronic c ommunic ations, maps, books, tapes, photographs, films and video recordings, sou n d recordin gs, data processing software, or other material, regardless of the physical form, characteristic s or means of transmission, made or received, pursuant to law or ordinance or in connection with th e transac tion of The Children’s Trust offi cial b u siness.   Pu rsuant to section 119.0701, Florida Statutes, if th e Provider meets th e d efinition of “Con trac tor ” as defined in Section 119.0701(1)(a), the Provider shall: 1. Keep and maintain p u b lic record s required by The Children ’s Tru st to p erform th e services u n d er this Contract. 2. Upon request from The Ch ildren’s Trust’s c u stodian of public records, provid e The Children’s Trust with a copy of the requested record s or allow th e records to be inspected or copied within a reasonable time at a cost th at does not exceed the cost provid ed in Ch apter 119, Florida Statu tes, or as otherwise provid ed by law. 3. Ensure that public records that are exempt and/or confidential from p u b lic records d isc losu re req u irements are not disclosed except as authorized b y law for th e duration of the Contract term and following c ompletion of the Contrac t if the Provider does not transfer the rec ords to The Ch ildren’s Trust. 4. Upon completion of the Contract, tran sfer, at no c ost, to The Children ’s Trust all public record s in possession of Provider or keep and maintain public records required by The Children ’s Trust to perform the servic e. I f Provid er transfers all public rec ords to The Children’s Trust upon comp letion of the Con trac t, Provider sh all destroy any duplicate public record s that are exempt and/or confidential from p u b lic rec ords disc losure requirements. I f Provider keeps and maintains public records u p on completion of the Con trac t, Provider sh all meet all ap p licable requiremen ts for retain ing p u b lic record s. All records stored electron ically must be provided to The Ch ildren’s Tru st, u p on request from The Children’s Trust’s custodian of p u b lic records, in a format that is c ompatible with The Ch ildren’s Trust’s information technolog y 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, 8TH FLOOR, MIAMI, FLORIDA, 33129. In the even t Provider does not comply with the public records requirements set forth in Chapter 1 1 9 , Florida Statutes, and Section H of this Contract, The Children ’s Trust may avail itself of the remedies set forth in Sections I: Breach of Contract and Rem ed ies an d J: Term in ation By Eith er Party of this Contract. Addition ally, a Provid er wh o fails to provide the p u b lic rec ords as required b y law within a reasonable amount of time may b e subject to penalties under section 1 1 9 .10, Florida S tatutes. I. BREACH OF CONTRACT AND REMEDIES 1. Breach   A material breach by Provider shall h ave occurred under this Contract as specified in other S ections of this Contract, an d also if Provider, th rough action or omission, causes any of th e followin g : a. Fails to comply with Background Screenin g , as required u n d er this Contrac t or applicable law. b. Fails to provide th e Services outlined in th e Scope of Servic es, Attachment A, within the effec tive term of th is Contract and to the satisfaction of the Children's Tru st. c . Fails to correct an imminen t safety concern or take acceptab le c orrective ac tion , as determined by The Children's Trust. d. Improperly u ses The Children ’s Trust’s funds allocated under this Con trac t as defined in Attac h ment B: Other Fiscal Requirements, Bu d g et and Method of Payment and/or Attachment A: Sc op e of Services. e. Fails to furnish or main tain the certifi cates of in suranc e required by this Contract or as d etermined by The Children’s Trust. Contract #2016-2760, Resolution,2019-61 | Page 4 of 65 f. Fails to meet or satisfy the conditions of award required by this Contract. g. Fails to submit, or submits inc orrec t or incomplete, p roof of expenditures to support Services & Activities Management System (S AMIS) disbursement requests or advance fu n ding disbursements; or, fails to submit, or submits in c omplete or incorrect, detailed reports of requests for payment, exp enditures or final expen d itu re reports, inclu d ing, but not limited to, budgets, invoices and amen d ments in SAMIS or any other format presc rib ed by The Ch ildren’s Trust. h. Fails to submit, or submits incomplete or in c orrect, required reports p u rsuant to the Scop e of Services, Attachment A, in this Contract. i. Refuses to allow The Children ’s Trust access to records or refuses to allow Th e Ch ildren’s Trust to monitor, evaluate and review Provider’s program, inclu d ing required client data. j. Fails to comply with child abuse and incident reporting requirements. k. Attemp ts to meet its oblig ations under this Contract throu gh frau d , misrepresentation or material misstatement. l. Fails to correct defi c iencies found during a site visit/ob servation, evaluation or review with in a specified reasonable time. m. Fails to meet the terms and condition s of any ob ligation or rep aymen t sc h edule to Th e Children’s Tru st or any of its agencies. n. Fails to maintain the c onfidentiality of c lient files, pursuant to Florida and federal laws. o. Fails to fulfill in a timely and proper manner any and all of its oblig ations, covenants and stipulations in this Contract. p. Fails to submit an Annual Fin ancial Statement Audit an d a Prog ram-Specific Audit, as applicable, in ac c ordance with Section O: Records, Reports, Audits an d Monitoring and Attach ment D: Program - Specific Audit Requ iremen ts of this Contrac t. q. Fails to submit an Audit Engagement Letter for either the Annual Finan cial S tatement Audit or the Program- Spec ific Audit within thirty (30) calendar days after Provider’s fiscal year end.  r. Fails to n otify The Ch ildren’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: Regu latory Com pliance, #9: Mandatory Disclosure. Th e Children’s Trust’s decision not to enforc e a breac h of any of the provisions of this Contract does not entail waiver of such breach unless expressly provided in writing by The Ch ildren’s Trust. Additionally, waiver of any provisions of this Contract shall not be deemed to be a waiver of any oth er b reach and shall n ot b e construed to be a modifi cation of the terms of this Contract. 2. Rem edies If Provid er fails to cure any b reach within thirty (30) calen d ar days after receivin g written notice from Th e Child ren’s Trust identifying the breac h , The Child ren’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 Im provement Plan (PIP), if applic able, with Provider to cure an y b reach of this Contract as may be permissible under state or federal law. Any su ch remedial plan shall be an addition to this Contract an d shall not affect or ren d er void or voidab le any other provision c ontained in this Con trac t, c osts, or an y judgments entered by a c ou rt of appropriate ju risdic tion. b. The Children’s Trust may suspend payment in whole or in part u n d er this Contract by p roviding written notic e of suspen sion to Provider and specifyin g its effective date, at least fi ve (5) business days before said date. On the effective date of su spension, Provider may, at risk of nonpayment from The Children’s Tru st, continue to perform th e Services in th is Con trac t but Provider sh all promptly cease using The Children’s Trust logo an d any other referen ce to Th e Ch ildren’s Trust in con n ection with such Servic es. All p aymen ts to Provid er as of the date of susp en sion shall cease, exc ep t th at at the sole discretion of The Children’s Tru st, verifi ed requests for payment for Servic es that were performed and/or for deliverables that were substantially c ompleted   prior to the effec tive d ate of such suspension sh all be rendered. The Children’s Trust may also susp en d any payments in wh ole or in part under any other c ontracts en tered in to between The Ch ildren’s Trust and Provider by providing separate written notice to Provid er of each such susp ension and specifying the effec tive date of susp ension, which must be at least five (5) business days b efore th e effec tive date of such suspen sion . In this even t, The Children’s Trust shall continue to review and pay verifi ab le requests for payment as p rovided for in such oth er con trac ts for services th at were p erformed 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 respon sible for all d irect an d in d irect costs associated with suc h suspen sion , includin g reasonable attorney fees. c . The Children ’s Trust may terminate th is Contract by giving written n otice to Provider of such termination and specifying the d ate of termination at least five (5) business days before the effective date of termination. I n the event of such termination, The Children’s Trust may: (a) request Provider to deliver to The Child ren’s Tru st clear an d legible c opies of all fi nished or unfinish ed d ocumen ts, studies, surveys and reports prepared and secured by Provider with Trust funds under th is Contract, su b jec t to th e rights of Contract #2016-2760, Resolution,2019-61 | Page 5 of 65 Provid er as provided in Sections F: Intellectual Property and Rights to Developed Materials and G: In tellectual Property Licen sing Fees and Costs; (b) seek reimbursement of any Tru st funds which h ave been improp erly paid to Provider under this Contract; (c) terminate fu rther payment of Trust funds to Provid er under this Con trac t, except that The Children’s Trust shall continue to review and pay verifiable requests for payment for Servic es that were performed and/or deliverables that were substantially completed, at the sole discretion of The Child ren’s Trust, prior to th e effective date of such termination; and/or (d) terminate or c ancel, with ou t c ause, any oth er contracts entered into b etween The Child ren’s Trust an d Provider by providing separate written notice to Provider of each such termination and specifying th e effective date of termination, which must be at least five (5) business days before the effective d ate of suc h termination, in which event The Children’s Trust sh all c ontinue to review and p ay verifi able requests for payment as provided for in su c h other contracts for servic es that were performed an d /or for deliverables th at were substantially completed , at the sole discretion of The Children’s Tru st p rior to the effective date of suc h termination. Provider shall be respon sible for all direc t an d indirect costs assoc iated with such termination, including reasonable attorney fees. d. The Child ren’s Trust may seek enforcement of this Con trac t, inclu d ing, b u t not limited to, fi ling an action with a c ourt of ap p ropriate ju risdic tion. Provider shall be respon sible for all direc t and indirect costs associated with such enforcement, inc luding reasonable attorney fees, c osts and any judgments en tered by a court of appropriate ju risdic tion, inc luding all direct and indirec t c osts and reason ab le attorney fees th rough conclu sion of all appellate proceed ings, an d including any fi nal settlement or ju d g ment.   J.  TERMINATION OF THE CONTRACT Th e Parties agree that th is Contract may b e terminated by eith er party with written notic e to the other party of intent to terminate at least thirty (30) calendar days prior to the effective d ate of such termination. Notwith standing any other provision in this Contract, in the even t The Children ’s Trust determines that Provid er engaged in fraud, misrepresentation or material misstatement, or th at it is in the best interest of The Child ren’s Tru st to termin ate th is Contrac t, The Children’s Trust may do so by giving written notice to Provider of such termination and spec ifyin g the effective date thereof at least twenty-four (24) hours before th e effective d ate of termination. The provisions of Section G: In tellectual Prop erty Licensin g Fees and Costs and Section O: Records, Reports, Au dits an d Monitorin g shall survive the expiration or termination of this Contract.   K.  INSURANCE REQUIREMENTS  All Providers, Excep t State Agencies or Su b divisions Upon execution of this Contract, or on the date commencing the effective term of this Contrac t, whichever is earlier, Provider’s insurance agent(s) shall submit th e followin g , as may be applicable, to insu rance@thec hildrenstrust.org: 1) certificates of insurance n aming The Children’s Tru st as an additional insured and the certificate holder on all applicable policies; and all ap p licable policies sh all be maintained in full forc e and effect for the entire term of this Con trac t; or 2) A letter of self-insurance indic ating coverage applicable to a Florida mu n icipal corp oration required under th is section or as determined by The Children’s Trust, except as req u ired by Florida law for govern ment entities.  Provider’s failure to comp ly with this sec tion shall be a material breac h of this Contrac t. The Children’s Tru st will not disburse an y funds under this Contract until all required c ertificates of insuran c e or letter(s) of self-insuran c e have b een provided to and have been approved by The Child ren’s Trust. Provider will carry insurance p olicies in the am ou n ts and with th e requirements indicated below: 1. Workers’ compensation insu rance covering all employees, n on-incorp orated indepen d en t contractors or c onsultants, and incorporated independent contractors or c on sultants that do not have workers’ compensation c overage or a valid state of Florid a exemption on fi le with the Department of Labor, as required by Florida Statutes, Chap ter 440. Provider must n otify The Children’s Trust and p rovide the necessary c ertificate of in suranc e u pon the termination of the exemption . In th e event th at the Provider is no longer exempt from obtaining workers’ c ompensation insu rance, the Provider must notify The Children’s Trust an d provid e the necessary certificate of insurance u p on the termination of the exemption . The employer’s liability portion will b e a minimum of $500,000.00/$500,000.00/$500,000.00.    2. Comprehen sive general liability insuran ce, wh ich shall in c lude a rider or separate policy for sexu al molestation liability, in an amou n t not less than $500,000.00 combin ed single limit per occurrence and $1,000,000.00 ag g regate in a policy year. The Child ren’s Trust must be designated and shown as an additional insu red and the c ertificate holder with respects to this coverage. The general liability policy must contain coverage for the following:        a. Bodily injury       b. Property d amage       c . No exc lusions for abuse, molestation or corporal punishment       d. No endorsemen t for premises, only operations   Contract #2016-2760, Resolution,2019-61 | Page 6 of 65 3. Automob ile liability coverage for all own ed and/or leased vehic les of Provid er, and non-owned coverage for its employees and/or subcontractors and transportation companies transporting program particip an ts. The amount of coverage is $1,000,000.00 combin ed single limit p er occurrence for bodily injury and property damage. Th e Children’s Trust mu st be designated an d shown as an additional insured and the certifi c ate holder with respect to this coverage. Coverage can b e purchased as n on-owned withou t hired auto coverage wh en th e cost is prohibitive for hired automobile coverage, such as the case with the Florida Automob ile Joint Underwriting Association; but rental cars cannot be used in the course of Provider’s regular operation s. Rental cars may be used for travel to attend conferenc es outside the tri-county area. Transportation companies used by the Provider for the funded program must list Th e Children’s Trust as a certificate holder and as an additional insured.    4. Automob ile liability coverage for all own ed and/or leased vehic les of Provid er, and non-owned coverage for its employees and/or subcontractors n ot transportin g program particip an ts. The min imum amount of c overage is $300,000.00 combined single limit per oc curren ce for bodily injury and property damage. The Child ren’s Trust must be designated and shown as an “Additional Insured as I ts Interests May Appear ” with respec t to this coverage. Coverage can be purchased as non-owned with out h ired auto c overage when the c ost is proh ibitive for hired au tomobile coverag e, such as the c ase with the Florida Automobile Join t Underwritin g Association; but rental cars c annot be used in the c ou rse of Provider’s reg u lar operations. Ren tal cars may be used for travel to attend c onferences outside the tri-county area.    5. If applic ab le, sp ecial events coverage, as determined by The Child ren’s Trust. The liability coverage will be the same as the coverage an d limits required for comprehen sive general liability, and Th e Children’s Trust mu st be designated and shown as “Additional Insured as I ts Interests May Appear.” Special events policies are for short-term functions and n ot meant to replac e annual liability policies. The coverage is for the d ay or days of the event and must provide coverage the d ay prior and the day following the event.    6. If applic ab le, professional liability insuran ce, as determined by The Children ’s Tru st, with c overage amounts determin ed by The Ch ildren’s Trust, but not less than $2 5 0 ,000.0 0 per claim and in the aggregate. Defense costs may be inside the limits of liability and the polic y can be written on claims mad e form. Professional liability insu rance is generally required when the Scope of Services uses professional servic es that require certifi cation or license(s) to provide direc t services to program partic ipants. 7. If applic ab le, c yb er security insuranc e with c overage 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 c overage is required for all capital equipment g reater than or equal to $10,000.00, and when Provider has capital equipmen t owned by The Child ren’s Trust and said c ap ital equip ment is under the c are, custody an d control of Provider. Th e Children’s Trust mu st be sh own on the eviden ce of property c overage as a Loss Payee. Property coverag e shall su rvive the expiration or termination of this Contract until suc h time th e ownership of the c apital equipment is transferred to Provider, or such c apital equipment is returned to Th e Children’s Trust.    9. All required coverages may be afforded via commercial insuranc e, self-insuran c e, a captive or some c ombination thereof.   Certificate Holder Certifi cate hold er must read: The Children’s Trust 3150 SW 3rd Avenue, 8th Floor Miam i, FL 33129 Classification an d Ratin g  If the coverage will b e provid ed via c ommercial insuran ce, all required policies listed above sh all be issued by c ompanies authorized to do business under the laws of the state of Florida, with the following qualifications: 1. The company must be rated n o less than “B” as to management, and no less than “Class V” as th e fi nanc ial strength, by the latest edition of Best’s Insuran ce Gu ide, published b y A.M. Best Comp any, Oldwick, New Jersey, or its eq u ivalent, subject to the reason able approval of The Children ’s Tru st. 2. Provid er and or Provider’s insuran ce agent, as applicable, sh all n otify The Children’s Trust, in writing, of any material c h an g es in insurance c overage, including, but not limited, to an y ren ewals of existing insuran ce policies, n ot later th an thirty (30) calendar days prior to the effec tive date of making any material c han g es to the insurance coverage except for 10 (ten) c alendar d ays for lack of payment changes. Provider shall be responsible for ensuring that all applic able insu rances are maintained and su b mitted to Th e Children ’s Trust for the duration of this Contract. 3. In th e even t of an y chan ge in Provider ’s Scope of Services, Attachm en t A, The Children’s Trust may increase, waive or modify, in writing, any of the foregoing in suranc e requirements. Any request by a Contract #2016-2760, Resolution,2019-61 | Page 7 of 65 Provid er to d ecrease, waive or modify an y of th e foregoing insu rance requirements mu st be ap p roved, in writing, by The Child ren’s Trust prior to any such decrease, waiver or modification. 4. In th e even t that an insurance p olicy is canceled, lapses or expires during the effective period of this Contract, The Children’s Trust shall withhold all paymen ts to Provider until a new certifi cate of insuran ce, as required under this Contract, is submitted and approved by The Children’s Tru st. The new insurance policy shall cover the time p eriod commencing from th e date of cancellation of the prior insuran ce policy. Provider shall submit the required c ertificate of insu rance within th irty (3 0 ) calendar  days of c ancellation, lapse or expiration. Failure to p rovide said c ertificate of in suranc e will be considered a material b reach of the Contract, which may result in The Children’s Trust waiving paymen t or terminatin g the Contract. 5. The Ch ildren’s Trust may require Provider to furnish additional and different insu rance c overage, or b oth, as may be req u ired from time to time under applicable fed eral or state laws or The Child ren’s Tru st’s requirements. Provision of insurance b y Provider, in n o instanc e, shall be deemed to be a release, limitation, or waiver of an y claim, cause of action or assessment that The Ch ildren’s Trust may have against Provider for any liability of any natu re related to performance under this Con trac t or otherwise.   All insuran ce required hereunder may be maintained by Provider pursu ant to a master or blanket policy or policies of insurance. Insurance Requirem ents for State of Florida Agencies or Political Sub d ivisions As an agency or political subdivision of the State of Florida, Provider agrees it is subject to th e express provisions and limitations of section 768.28, Florida Statutes.   L.  PROOF OF TAX STATUS  Provider is required to keep and have the following d ocumentation readily available for review by The Ch ildren’s Trust: 1. An Internal Revenue Service (I RS) tax status determination letter, if applicable. 2. The two (2) most recen t I RS form 990 or ap p licable tax return filing within six (6) months of the en d of Provid er’s fisc al year or oth er appropriate fi lin g  period permitted by law. 3. IRS form 9 4 1 : employer’s quarterly federal tax return. If required b y Th e Child ren’s Trust, Provid er agrees to submit form 941 within the timeframe established by IRS Publication 15, an d if applicable, all state and federal unemployment tax filings. I f form 941 an d unemploymen t tax fi lin g s refl ec t a tax liability, then proof of paymen t must be submitted within sixty (60) c alendar days after the quarter ends. M.  NOTICES  Written n otices pursuan t to this Con trac t shall be sent via electronic mail or postal mail for eac h party appearing on the fi rst page of this Contract. Notices to The Children’s Trust shall be marked to the atten tion of its presid en t/CE O. Notic es to Provider shall be marked to the authorized offic ial identifi ed on page 1 of this c on trac t. Eac h party is respon sible for ad vising the oth er party, in writing, of any c h anges to respon sible personnel for accepting n otices under this Contract, elec tronic address, mailing address, and/or telephone number.   N.  AUTONOMY  Th e Parties agree th at this Contract recognizes the au tonomy of, an d stipulates or imp lies n o affi liation between, the c ontracting Parties. Provider is on ly a recipient of funding support and is n ot an emp loyee, agent or in stru mentality 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. Accou nting Records  Provider shall keep ac c ounting rec ords that conform to generally acc ep ted accounting principles (GAAP). I n addition to any requirements for retainin g records pursuant to Section H, Public Record s, all such records will be retained by Provider for not less th an five (5) years beyond the last d ate that all applic able terms of th is Contract have been comp lied with, final payment has been rec eived and approp riate audits h ave b een su b mitted to and accepted b y The Children’s Trust. However, if any audit, claim, litigation, negotiation or other action involving this Contrac t or modification hereto h as c ommenced before the expiration of the retention period , th en the record s shall b e retain ed until c ompletion of the action an d resolu tion of all issues which arise from it, or until the end of the reg u lar retention period, whic h ever is later.  2. Finan cial Statement Au dit  Within one hundred eig h ty (180) calendar d ays from th e close of its fiscal year, Provider’s in dep endent c ertified p u b lic accounting firm (CPA) mu st electronic ally submit to The Ch ildren’s Tru st all the following documents, which together c omprise an An n u al Financ ial Statemen t Audit conducted in ac c ordance with GAAP and standard s contained in Government Auditin g Standards issued by the Comptroller Gen eral of the Un ited States (The Yellow Book). Th e required items are: a. An an n u al fi n ancial statement audit, performed by a CPA firm that is licensed an d registered to c on d u ct business with the Florida Department of Business an d Profession al Regulation. Contract #2016-2760, Resolution,2019-61 | Page 8 of 65 b. An Annual Fin an cial Statemen t Audit c onducted in accord ance with au diting stan d ards generally acc ep ted in the United States of America, and the standards ap p licable to financial au d its contained in Government Auditing Standards. c . Written communication encomp assing th e req u irements of AU-C section 265, “Commu n icating I nternal Control Related Matters I d entified in an Audit.” d. Written communication encomp assing the requiremen ts of AU-C section 260, “The Auditor’s Communication With Those Charged With Governance.” e. A Sin g le Audit conducted in acc ordance with OMB “Uniform Administrative Requirements, Cost Princip les, and Audit Requirements for Federal Awards” or the Florid a Single Audit Act, Florida S tatutes 215.97, if applicable. f. A management letter; if no manag ement letter is p repared by Provider’s CPA fi rm, th en the CPA fi rm must expressly confirm, in writing, that no management letter was issued.   If Provider’s Annual Financial Statement Au d it is prepared by the Florida Auditor General, th en th e due d ate for submitting the an n u al financial statement audit, as defined, is two h u n d red seventy (270)calendar days after th e c lose of Provider’s fi scal year.   If Provider is req u ired to have a Sin g le Au d it, it agrees to have its CPA firm submit the schedule of exp en d itu res p ertaining to award s, summary sched u le of p rior au d it findin g s, applicable au d itor’s reports and the corrective action plan, if ap p licable. 3. Program-Specific Audit  Within one hundred eighty (180) calendar d ays of the close of its fisc al year, Provider is required to provide a Program- Specifi c Audit related to the Contrac t to The Children ’s Tru st, in addition to the Annual Financ ial Statement Audit. The Program-S p ecifi c Audit shall be p erformed by an in d ep endent CPA firm that: is lic ensed an d registered to c on d u ct business with the Florid a Departmen t of Bu sin ess and Professional Regulation; has performed audits under Government Auditing Standards; an d is either a member of the AICPA or FICPA peer review program to include governmen t en gag ement reviews. Th is Prog ram-Specific Au dit must en compass an audit of The Child ren’s Trust’s Contract(s) as specified in Attachm ent D: Prog ram-Specific Audit Requirements. 4. Audits Subm ission Meth od   Th e Provid er’s CPA firm must transmit Provider’s annual fi nan c ial statement audit and th e required Program-Specifi c Audit related to the Contract to The Children ’s Tru st, within th e timeframe spec ified above in Sec tion O, subsections 2 and 3, via elec tronic mail or through another online system id entified by The Tru st, unless otherwise previou sly agreed upon, in writing, by the Tru st and Provider. 5. Audit Exten sions Audit extensions may be granted by The Children’s Trust upon receip t, in writing, of such req u est with appropriate justifi c ation by Provider an d for a p eriod of time not to exceed sixty (60) calendar days after the initial d u e date. A copy of the engagemen t letter, along with the antic ipated au d it completion d ate and any concern s from Provider’s CPA firm related to the audit must ac c ompany the req u est. Approved audit extension requests allow for th e con tin u ation of payment until su ch time that the extension expires.   In the even t that either th e An n u al Financial Statement Au d it or the Program-Specifi c Audit is not received in a timely manner and in ac cordanc e with the previously stated due dates an d an audit exten sion has not been ap p roved, then The Children’s Trust shall withhold all payments to Provider until th e documen ts are rec eived and deemed by The Children’s Trust. 6. Engagem ent Letters  Audit engagemen t letters are d u e to The Children’s Tru st thirty (30) c alendar days after the end of Provider’s fisc al year. Provider agrees to su b mit an audit engagement letter electronically to engagementletters@thec h ildrenstrust.org. Failure to submit an audit engagemen t letter may resu lt in a b reach of Contract, or oth er remed y, as deemed ap p ropriate by The Children’s Trust.   7. List of Approved Certified Pub lic Accounting Firm s  To receive reimbursement for th e preparation of the Program-Spec ific Audit, as d efined, Provid er must choose from a list of ap p roved CPA fi rms, wh ich are posted on The Children ’s Tru st’s website. I nc lusion in this p re-approved CPA vendor pool requires a CPA fi rm to meet three (3) c riteria, which are enumerated in Attachm en t B: Oth er Fiscal Requirem ents, Budget an d Meth od of Payment. 8. Access to Records  Provider shall permit access to all records, includin g subc on trac tor rec ords, as per the S u p p orting Doc u mentation Requirements in Attachm ent B: Oth er Fiscal Req u irem en ts, Bu d get an d Meth od of Payment, wh ich relate to this Con trac t at its p lac e of business during regular business hours at a date and time mu tually agreed u p on by Provid er and Th e Children’s Trust.   Provider agrees to deliver such assistance as may b e nec essary to facilitate a review or audit by The Ch ildren’s Trust to en sure comp liance with applicab le accounting, financ ial an d programmatic standards. This wou ld include access by The Contract #2016-2760, Resolution,2019-61 | Page 9 of 65 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 Tru st reserves the right to require Provider to submit to an audit by an au d itor of The Children’s Trust’s choosing and at Th e Children’s Trust’s expense.  9. Program Metrics  Provider agrees to p ermit The Children’s Trust personnel or The Children's Trust c on trac ted agents/consu ltan ts to perform random sc hed u led and/or u n scheduled site visits, reviews and evaluations of th e prog ram whic h is the subjec t of this Con trac t, in cluding an y subc ontracts under this Contract.   Provider shall permit The Ch ildren’s Trust or contracted agents to conduct site visits, client interviews, client assessmen t surveys, fiscal/administrative review and other assessments d eemed reasonably necessary at the sole discretion of The Children’s Trust. Prog ram Metrics reports, which provides real time data can be ac c essed through Trust Central. Admin istrative or Fisc al findin g s will be d isc u ssed with Provid er and, in ac c ordance with specifi cations provided by The Children’s Tru st, Provider will remedy all deficiencies cited in the rep ort from Tru st Central as desc rib ed in Section I: Breach of Contract and Rem ed ies.   To the extent permitted by law, school-b ased h ealth Providers shall permit public health authorities an d health oversig h t ag ency (ies), that are charged with supervising health servic es program in schools, to conduct oversight and regulatory activities authorized by law. 10. Client Records    Sch ool-based Health Providers only Sc h ool Health Programs are comprehen sive services and sh all b e provided to in ac c ordance with section 381.0056, Florida Statutes. Provider agrees and sh all req u ire all sub-con trac tors to c omply with all applicable state and fed eral privac y and c onfidentiality laws, as relevant to th e services provided u n d er this c on trac t. Th e Florida Dep artment of Health is statutorily authorized to review school h ealth records of all stu d ents enrolled in the public-school system, regard less of the form in wh ich th ese rec ords are kept, at all reasonable times for as long as records are retained and in accordan ce with applicable law.   All other Providers Provider sh all make available to The Children ’s Trust expects all req u ired information, as provided in Attachm en t A: Scope of Services and Attach ment C: Data Requ iremen ts and Prog ram Metrics, to be entered directly in the elec tronic data reportin g system. I f the Provid er chooses to maintain physical records for participan ts, Provider ag rees to c omply with all applicable state and federal laws on privac y and confidentiality. All Providers Safeg u ard s of Electronic Protected Health In form ation (ePHI)  Th e Children’s Trust and Provider agree to u se appropriate safeguards to prevent use or disclosure of protected health information (PHI), covered under Health Insurance Portability and Ac countability Act of 1 9 9 6 (HI PAA) security regulations, that is prod u ced, saved, transferred or received in an elec tronic form.  The parties shall maintain a comp rehensive written information security p rogram that inc ludes administrative, tec h n ical, and physic al safeguards appropriate to the size and c omplexity of their respective operations.  Provider maintains that it will use approp riate safeg u ards to p rotect the c onfidentiality, integrity, and availability of the PHI and ePHI that are created, received, maintained, or transmitted. 11. Internal Docum entation/Record s Retention  Provider agrees to maintain and, upon request of The Children ’s Trust, provide for inspec tion by The Children’s Trust during regular b u sin ess hours the followin g , as may be applicable and su b ject to ap p licable c on fi d entiality requiremen ts: (1 ) personnel files of employees, which in clude h iring records, background screenin g affidavits, job descriptions, verification of ed u cation and evalu ation procedures; (2) authorized time sheets, rec ords and attendance sheets to document the staff time billed to provide Services pursuan t to this Contract; (3) daily activity log s and monthly c alendars of th e provision of Services pursuant to this Contract; (4) training modules; (5) pre- and post-session questionnaires; (6 ) all participan t attendan ce records; (7) partic ipant consent and information release forms; (8 ) ag en cy policies an d procedures; and (9 ) such other information related to Services provision as described in Attach men t A: Scope of Services and as required by this Contract. In ad d ition to any req u irements for retainin g records pursuant to Sec tion H, Public Records, Provider sh all retain all records for n ot less th an fi ve (5) years b eyond the last d ate th at all applicable terms of this Contract have been c omplied with and final payment has b een rec eived , an d approp riate au d its have been su b mitted to and accep ted by The Children’s Trust and/or other ap p ropriate agenc y. 12. Confidentiality  Provider and Th e Children’s Trust understand that during the course of performing the Services hereunder, each party may have access to c ertain confi den tial and proprietary information an d materials of the other party in order to fu rther performan ce of the Services. Th e Parties sh all protect confidential information, comply with ap p licable federal and state laws on c on fi d entiality, and engage in measures to prevent u n authorized u se, dissemination or p u b lication of confidential information regard less of th e source of such in formation. An y information determined to be confidential must be clearly marked as su ch. Th e Parties shall not d isc lose confidential information to an y third party (except that such information may be d isc losed to such p arty’s attorneys), or to any employee of su ch party who d oes not have a need to know such information, whic h need is related to performanc e of a responsibility hereunder. However, th is Contract imposes no Contract #2016-2760, Resolution,2019-61 | Page 10 of 65 ob ligation upon the Parties with respect to confidential in formation which: (a) was lawfully known to the receivin g party before receipt from th e other; (b ) is or b ecomes a matter of public knowledge th rough no fault of the receivin g p arty; (c ) is rightfully received by th e receiving party from a third party with out restriction on disclosure; (d) is indep endently develop ed by or for that party; (e) is disc losed under operation of law; (f) is disclosed by the receivin g party with the other party’s prior written approval; or (g) is subject to Chapter 119 of th e Florida S tatutes or is otherwise required to be disc losed by law. I n any event, Provider sh all be respon sible for defen d ing its claim that any information su bmitted to The Children’s Trust is confidential, trade secret, or oth erwise exempt from inspection and copyin g under Florida’s Pu b lic Records Law, inc luding, but not limited to, defending or indemnifying The Children’s Trust in th e event th at a claim or c ase is b rought against The Child ren’s Trust, su b ject to the limitations set forth in sec tion 768.28, Florida S tatu tes. Provider sh all specifi cally require all subcontrac tors to comply with this paragraph. The confi den tiality provision of this Contract sh all remain in full force and effect after the termination of this Contrac t. 13. Data Security Obligation   A. Standard of Care  1. Provider ac knowledges and agrees th at, in th e c ou rse of its Contract with The Ch ildren’s Trust, Provider may, directly or in d irectly, rec eive or have ac cess to Sensitive Personal Identifiable Information (Sensitive PI I) or Personal Identifiable Information (PII ).    Sen sitive PII is defi n ed as an in d ividual’s (i) g overnment-issued id entification numb er (inclu d ing, withou t limitation, soc ial security number, driver’s license number or state-issu ed id entified numb er); (ii) fi nanc ial account number, credit card number, debit c ard n u mber, c redit report information, with or without any required security code, ac cess cod e, personal identification number or p assword, that would permit access to an individual’s financial ac c ount; or (iii) biometric or h ealth data. PII is defi n ed as Sensitive PI I or an y of the following:   i. An individual’s first name or first in itial and last n ame in comb ination with any on e or more of the following data elements for that individual:   1. A social sec u rity n u mber;   2. A driver lic ense or id entification card numb er, passport n u mber, military iden tifi c ation n u mber, or other similar number issued on a government d ocument used to verify identity;   3. A financial account number or c redit or debit card n u mber, in c ombination with an y required sec urity code, access code, or password that is n ecessary to p ermit acc ess to an individual’s financ ial ac count;   4. Any information regard ing an individual’s medic al history, mental or p h ysical condition, or medical treatment or diagnosis b y a health care professional; or   5. An in d ividual’s health insuran c e p olicy number or subsc riber iden tifi c ation n u mber an d any unique identifier used by a health insurer to identify the in d ividual.  ii. User name or e-mail address, in comb ination with a password or security question and answer th at would permit access to an online account.  Notwith standing the foregoing, PI I shall not include information (1) about an individual that has been made publicly available by a federal, state, or local govern mental entity; or (2) that is encryp ted, secured, or mod ified by any other method or technology that removes elements that personally identify an individ u al or th at otherwise renders the information unusable.  Provider shall c omply with the terms and condition s set forth in this Con trac t in its collec tion , receipt, transmission, storage, disposal, u se and disclosure of such Sensitive PI I or PII , and shall be responsible for the unauthorized collection, receipt, transmission, acc ess, storage, disposal, u se and d isc losu re of Sensitive PII or PI I under its control or in its possession. Furth ermore, Provid er shall be responsible for the actions and omissions of all Auth orized Person s c oncerning the treatment of such Sensitive PII or PI I as if they were Provider’s own ac tions an d omission s. Authorized Persons is defined as (i) Provider’s employees wh o have a n eed to kn ow or oth erwise access PII to enable Provider to perform its ob ligations u n der th is Con trac t. ; or (ii) Provider’s subcontractors ap p roved by The Children’s Trust who h ave a need to know or otherwise ac cess PI I to enable Provider to p erform its oblig ations under th is Con trac t, and who are bound in writing by confidentiality obligations su fficient to protect PII in ac cordanc e with the terms and conditions of this Contract.   2. All d ata collected on behalf of Th e Child ren’s Trust is deemed to be prop erty of The Ch ildren’s Tru st and is not property of Provider. 3. In recognition of the foregoing, Provider agrees and covenan ts that it shall: Contract #2016-2760, Resolution,2019-61 | Page 11 of 65 a. Keep and maintain all such Sensitive PII or PI I strictly confidential. b. Use and disclose Sensitive PII or PII solely and exc lusively for th e purposes for which the Sensitive PII or PII , or ac c ess to it, is provid ed p u rsuant to the terms an d c onditions of this Contract, and shall n ot d ivulge, commu n icate, use, sell, rent, transfer, d istribute, or otherwise disclose or make available S ensitive PI I or PII for Provider’s own purposes or for th e benefit of anyone other th an The Children’s Trust, without The Children’s Trust’s prior written consen t, wh ich may b e withheld in The Children’s Trust’s sole an d absolute discretion. c . Not, direc tly or indirectly, disclose Sensitive PII or PII to an Unau thorized Third Party, withou t express written c onsent from Th e 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 . I f any person or au thority makes a demand on Provider purporting to legally c ompel it to divu lge any Sensitive PI I or PII , Provid er shall (i) immediately notify Th e Children’s Trust of the d emand before suc h disclosure so that Th e Ch ildren’s Tru st may fi rst assess whether to c h allenge the demand prior to Provider’s divu lging of such Sensitive PII or PII ; (ii) be responsible to The Child ren’s Trust for th e actions an d omissions of su c h Un authorized Third Party con c erning the treatment of such Sensitive PII or PI I as if th ey were Provid er’s own actions and omission s; and (iii) require the Unauth orized Th ird Party that h as ac cess to S en sitive PII or PII to execute a written Con trac t agreein g to comply with the terms an d c on d itions of this Contract relatin g to the treatment of Sensitive PII or PI I. Provider shall not divulge such S en sitive PII or PII until Th e Child ren’s Trust h as conc luded not to challenge the demand, has exhausted its challenge, inc luding appeals, if any. B. Sensitive Personal Id en tifiable In form ation or Person al Iden tifiable In form ation Secu rity  Provider shall protect and secure data in electronic form c ontaining such Sen sitive PII or PII.   At a minimum, Provider’s safeguards for the p rotection of Sen sitive PII or PI I shall include: 1. Encrypting, securing or modifying su c h Sensitive PI I or PI I b y any meth od or tec h n olog y that removes elements that personally identify an individ u al or that otherwise renders th e information unusable. 2. Limiting access of Sensitive PI I or PII to Auth orized Person s. 3. Sec uring b u sin ess facilities, data centers, paper fi les, servers, back-up systems an d comp u tin g equipment, inclu d ing, but not limited to, all mobile devices and other equipment with information storage capability. 4. Implemen tin g network, device application, database and p latform security. 5. Sec uring information tran smission, storage and disposal; an d imp lementing authen tication and access controls within media, applic ations, operating systems and equipmen t. 6. Encrypting Sensitive PII or PI I stored on any mobile med ia. 7. Encrypting Sensitive PII or PI I transmitted over public or wireless networks. 8. Implemen tin g ap p ropriate personnel security and integrity procedures an d practices, in c luding, but not limited to, conduc tin g b ackgrou n d c h ecks con sistent with ap p licable law, as required by The Child ren’s Trust from time to time. 9. Provid ing written c op ies of approp riate privacy and information security training to Provider’s employees, as required by and to The Child ren’s Trust. 10. Purchasing and maintaining cyber insurance coverage, as The Children’s Trust deems n ecessary in its sole and absolute discretion . a. Provider sh all d ispose, or arrange for the disposal, of c u stomer rec ords that contain Sensitive PI I or PI I within its c u stody or c on trol wh en the record s are no longer required to b e retained pursuant to Sections H and O. S u ch disp osal shall involve shredding, erasing or otherwise modifying Sensitive PII or PI I in its control or possession to make it unreadable or undecipherab le. b. Du rin g the term of each Au thorized Person ’s employment by Provider, Provid er sh all at all times cause such Authorized Persons to abide strictly by Provider’s obligation s under this Contract. Provider further agrees that it shall maintain a disc iplinary process to address any unauth orized access, use or disclosure of Sen sitive PII or PI I by any of Provider’s officers, d irectors, partn ers, principals, employees, agen ts or contractors. Upon Th e Ch ildren’s Trust’s req u est, Provider shall promptly identify all Authorized Persons as of the date of suc h request to The Children’s Trust in writing. c. Up on The Children ’s Trust’s written request, Provider sh all provide The Children’s Trust with a n etwork diag ram th at outlines Provid er’s information technology network infrastruc ture and all equipment u sed in relation to fulfi lling its obligations under this Contract, includin g , withou t limitation : (i) connectivity to Th e Children’s Trust and all th ird parties who may ac cess Provider’s network to the exten t the network c ontains Sensitive PII or PI I; (ii) all network c onnections including remote access s and wireless c on n ectivity; (iii) all access control devices, such as (solely by way of example) firewalls, pac ket filters, intrusion d etection and access-list routers; (iv) all back-up or red u n d ant servers; and (v) permitted acc ess through each network connec tion. Contract #2016-2760, Resolution,2019-61 | Page 12 of 65 C. Secu rity Breach Proced u res  For p u rposes of this Contract, “Security Breach” is defined as u n authorized acc ess of data in electronic form containing Sen sitive PII or PI I or a breach or alleged breach of this Contract relating to su ch privac y practices. Good faith acc ess of Sen sitive PII or PI I by an employee or agent of th e covered entity shall not constitute a breach of security under this Con trac t, so lon g as the in formation is not used for a purp ose u n related to the business of The Children’s Trust, or as a result of any other unauth orized u se. In the even t of a Secu rity Breach, Provider shall: 1. Notify The Children ’s Trust of a S ecurity Breach immediately, b u t not later th an forty eight (48) hours, after Provider b ecomes aware of it b y emailin g The Children’s Tru st with a read receipt at datasec u rity@thechildrenstrust.org ; and with a copy of such email to Provider’s contract man ager at The Children’s Trust. Th e n otice shall include, at a minimu m: (1) the date, estimated d ate, or estimated date range of the Sec urity Breach; and (2) a description of the Sen sitive PII or PII th at was accessed or reason ab ly believed to have b een accessed as a p art of the Security Breach. 2. To the extent legally permissib le, c on fer with The Children’s Trust prior to in forming any third party of an y Sec urity Breach related to th is Con trac t. Provid er and The Child ren’s Trust shall c ommunic ate reg ardin g : (i) wheth er notice of the Sec u rity Breach is to be provided to any individuals, regulators, law enforcement agencies, consu mer reporting ag encies or others as req u ired by law regulation , or otherwise; and (ii) the con tents of such n otice, whether any type of remediation may be offered to affected person s, and the nature and extent of any suc h remediation.   3. Take steps to immediately remedy any S ecurity Breac h and p revent any further Security Breach at Provider’s expense in accordance with applic able privac y rights, laws, regulations and standards, or as otherwise required by Th e Children’s Trust in its sole and absolute discretion.   Provider sh all be solely respon sible for all c osts associated with a Sec u rity Breach and The Children ’s Trust may seek to recover any costs it expen d s as a resu lt of suc h breach from Provider. 14. With hold ing of Paym en t  At the sole discretion of The Children’s Trust, payment may be withheld if Provider or Subcontractor fail to comply with th e terms of this Con trac t. The Children’s Trust will only make payment upon satisfactory compliance with the contractual terms as solely determined b y The Children’s Trust. P.  MODIFICATIONS  Any alterations, variation s, modifi c ations, extensions or waivers of provisions of this Contract, in cluding, but not limited to, amount p ayable and effective term, sh all only be valid when they have been reduced to writin g , duly approved and signed by both Parties.   Q.  GOVERNING LAW AND VENUE  Th is Contract shall be in terp reted and construed in accordance with and governed by th e laws of the state of Florida without regard to its c onflic ts of law provisions. Any controversies or legal problems arising out of the terms of this Con trac t an d any action involvin g the enforcement or interpretation of any rights hereu n d er sh all, to the exclu sion of all others, be submitted to th e jurisdiction of the state c ou rts of th e Eleventh J u d icial Circuit, in an d for, Miami-Dade County, Florida. R.  STAFF AND VOLUNTEER BACKGROUND CHECK REQUIREMENTS Level 2 background screenings must b e c ompleted through the Florid a Departmen t of Law Enforc ement (FDLE ) VECHS (Volunteer & E mployee Criminal History System) Program. Satisfac tory background screen ing d ocumen tation will be accepted from those agencies th at already c onduct business with eith er the Florida Dep artment of Children and Families (DCF), th e Florida Department of Juvenile J ustice (DJJ ) or Miami-Dad e County Public Sc hools (M-DCPS).    In ad d ition: 1. Provid er sh all complete Attachm ent E-1: Affidavit for Level 2 Backg rou n d Screenings. The affidavit sh all cover emp loyees, volunteers and subc ontractors p erforming services under this Con trac t wh o are requ ired to complete a Level 2 background screening as defined in this section. 2. Provid er sh all c omplete Attachm en t E-2: Child Care Affid avit of Good Moral Ch aracter, Attach ment E-3: Child Abuse & Neglect Reporting Requirem ents and Attach ment E-4: Backgrou n d Screen ing & Person nel File Req u irem en ts. 3. Provid er sh all maintain Attachm en t E-1: Affidavit for Level 2 Background Screenin gs, Attach ment E-2: Child Care Attestation of Good Moral Ch aracter, Attach ment E-3: Child Abu se & Neglect Reporting Requirements and Attachment E-4: Background Screen in g & Personn el File Requirem ents, in Provider’s personnel, volunteers, and subcontractors’ files. 4. Provid er shall ensu re that all employees, volunteers and/or subcontractors complete Level 2 b ackgrou n d sc reening no later than every fi ve (5) years.   Contract #2016-2760, Resolution,2019-61 | Page 13 of 65 Provider is required to review annually, at minimum, the Dru Sjodin National Sex Offender Public Website (NSOPW). Sch ool-based Health Providers only All school staff members or sub-contracted agency personnel assigned to work at a site where they h ave ac c ess to children must satisfy Level 2 background screenin g requirements and comp ly with all n ecessary sc hool procedures prior to c ommencin g services within M-DCPS or doing any work for The Children’s Trust related to this contract.  Pu rsuant to section 1012.32, Florida Statutes,  non-instructional school district employees or contractual personnel who are permitted access on school grou n ds wh en studen ts are present, h ave direct contac t with stu d en ts or have ac cess to or c ontrol of school funds must meet Level 2 background sc reening requiremen ts. All of Provider’s emp loyees who work in a sc h ool must satisfy Level 2 background screenin g requirements as provided in section 1 0 1 2 .32, Florida S tatu tes. All emp loyees who work in a school must in form their employer within 48 h ou rs if c onvic ted of any disq u alifying offenses inclu d ed in M-DCPS’s Employee Manual, while he or she is employed or under c ontract in that capac ity. If Provider employs a person, u n der th is contract or with The Ch ildren’s Trust’s funds, to work in a sc h ool who does not satisfy Level 2 b ackground screening requirements, th e employee sh all be immed iately suspended from workin g in that c apacity.  A clearan ce letter or an identification badge issu ed by M-DCPS will b e accepted as proof th at the employee satisfactorily completed background screenin g . A copy of said clearan ce letter or identification b ad g e must be on file for each employee h ired to work within the school setting. All other Providers Subject to the provisions, limitations and exc ep tions of all relevant statu tory provisions, in c luding sec tions 1012.4 6 5 and 1012.468, Florida Statutes, all emp loyees, volunteers and subcontracted person n el who work in direc t contact with c h ildren or who may come into direct c ontact with children at th e site in question must c omplete a Level 2 background screening and c omply with the requiremen ts thereto prior to commenc ing work pursuan t to this Contract. This requirement applies to all volu n teers wh o provide more than 10 hours of service in any given calendar year to children, youth and their families. Occasional or transient repair or maintenan c e p erson s, vendor representatives, con trac tors or subcontractors who have not completed a Level 2 backgrou n d sc reening and appear on the site sh ould be escorted to their work areas and su p ervised for the en tire time th ey are present on the site by a member of Provider's staff who h as satisfactorily completed a Level 2 background sc reening.   S. CHILDREN WITH DISABILITIES AND THEIR FAMILIES  Provider understands that The Child ren’s Trust expects Provider to comp ly with all relevan t p rovisions of the Americ ans with Disabilities Ac t and other state, federal or local laws that mandate the accessibility of programs, services and benefi ts for p erson s with disabilities. The Ch ildren’s Trust also requires Provider imp lement reason able programmatic accommodations to include children with disabilities an d their families, whenever p ossible.    T. REGULATORY COMPLIANCE  1. Nondiscrim ination and Civil Rig h ts  Provider shall n ot discriminate against an employee, volu n teer or c lient of Provider based on an individual’s protec ted class, wh ich inclu d es rac e, color, relig ion, ancestry, national origin, sex, pregnanc y, age, disability, marital statu s, familial status, gender identity, gender expression , sexual orientation, source of income, or ac tual or perceived status as a victim of domestic violence, datin g violence or stalkin g .   Provider shall have standards, policies and practices necessary to render services in a manner that respec ts the worth of the individual, an d protects and preserves an individual’s dignity.    Additionally, Provider agrees to abide by Ch apter 11A of th e Code of Miami-Dade County (“County Code”), as amended, whic h p rohibits discrimination in employmen t, h ousin g and public accommodations; Title VII of th e Civil Rights Ac t of 1968, as amended, whic h prohibits discrimination in employment and p u b lic accommodation ; the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 as amended , wh ich prohibits d isc rimination in employmen t because of age; S ection 504 of the Rehabilitation Act of 1973, 2 9 U.S.C. § 794, as amended, which p rohibits disc rimin ation on the basis of disability; and the American s with Disabilities Act, 4 2 U.S.C. §12101 et seq., whic h, among oth er things, prohibits discrimin ation in emp loyment and public ac commodations, and b y local govern ments on the basis of disability.   It is exp ressly understood that upon receipt of evid en ce of discrimination under any of these laws, The Children’s Trust shall h ave the right to terminate all or any portion of this Contract. I f Provider or an y own er, subsid iary, or other firm affi liated with or related to Provider, is found by th e responsible enforcement agency or the c ou rts to be in violation of these laws, said violation will be a material b reach of this Contract and The Children ’s Trust will c onduct no furth er b u siness with Provider. Contract #2016-2760, Resolution,2019-61 | Page 14 of 65 2. Public En tities Crim e Act  Provider will not violate the Public Entities Crimes Act, section 287.133, Florida Statutes, which ap p lies to a person or affiliate wh o is a Provid er, consultan t or other direct service provider and who has b een placed on the c on vic ted vendor list following a conviction for a public en tity crime. Such person or affi liate may n ot: (a) submit a b id on a Con trac t to provide an y g oods or services; (b) su b mit a bid for the construction or repair of a public buildin g or public work; (c) submit bid s on leases of real p roperty; (d) be awarded or p erform work as a Provid er su p p lier, subcontractor or consultant; an d (e) transact any business in excess of the thresh old 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 c on vic ted vendor list. Violation of this section shall resu lt in c an cellation of th is Contract and recovery of all monies paid h ereto, and may result in debarment from The Children’s Trust’s competitive proc uremen t activities. 3. Conflict of In terest  Provider represents that the execution of this Contract does not violate Miami-Dade Cou n ty’s Confl ict of I n terest and Cod e of Ethic s Ordinance or Chapter 112, Part I II , Florida Statutes, as amended, which are incorporated by reference as if fully set forth herein . Provid er ag rees to ab ide b y and be govern ed by th ese c on fl ict of in terest provision s throughout the course of this Contract and in connec tion with its ob ligations hereunder. (Refer to http://ethics.miamidade.gov/library/2016-publications-rq o/sec%20_2 _11- 1_conflict_of_interest_and_code_of_ethics_ordinan ce_jan16.pdf). In addition, Provider ag rees to: Prohibit members of the Provider’s b oard of directors from directly or indirec tly receiving any funds paid by The Children ’s Tru st to the Provider under th is Contract.  Prohibit memb ers of th e Provider’s b oard of directors from voting on matters relating to this Contract wh ich may result in the board member d irectly or indirec tly receiving fu n d s paid by the Provider u n d er th is Contract. Prohibit members of the Provider’s board of direc tors from votin g on any matters relatin g to this Contract if th ey are related to the person or entity seeking a ben efit as 1 ) an officer, director, partner, of counsel, consu ltant, employee, fiduciary, benefi c iary, or 2) a stockholder, b ondhold er, debtor, or cred itor. Prohibit employees of the Provider from d irectly or indirectly rec eiving an y fu n d s paid b y The Children ’s Trust to the Provider under this Contract, with the exc eption of the employee’s salary and fringe benefi ts or portion of the employee’s salary an d frin g e benefi ts included in Attachment B. Main tain a written nepotism an d c on fl ict of in terest policy th at applies to h iring, p roviding services to clien ts, and proc u rin g supplies or eq u ipment. I mmediately d isc lose an d justify in writing to The Children’s Trust any busin ess transaction s b etween the Provid er on one side, and its board member(s) or its staff on th e other side, as well as all related-party transac tion s with shareholders, p artn ers, officers, direc tors, or emp loyees of any entity that is d oing business with the Provider that are funded, p artially or entirely, under the Contract with The Children ’s Trust, or are in any way related to The Children’s Trust-funded prog ram. 4. Com pliance with Sarb an es-Oxley Act of 2002 Provider shall comply with applicable provisions of th e Sarbanes-Oxley Act of 2002, inclu d ing the following:  a. Provid er agrees not to alter, c over up, falsify, or destroy any doc u ment that may be relevant to an offic ial investigation . b. Provid er agrees not to pu n ish whistleblowers or retaliate against any employee who reports su spected cases of fraud or abuse.        5. Licen sing  Provider (and subcon trac tor, as ap p licable,) shall obtain and maintain in full force and effect during the term of this Con trac t any and all licenses, certifi c ations, approvals, insurances, permits an d ac c reditations required b y the state of Florida, Miami-Dade County, relevan t mu n icipalities, The Ch ildren’s Trust or th e federal g overnment. Provider must be qualified an d registered to do business in the state of Florida both prior to and d u rin g the Con trac t term with The Children’s Trust.        6.  Incident Reportin g   An inc ident is defined as any actual or alleged event or situation that c reates a significant risk of substantial or serious h arm to the p h ysic al or mental h ealth, safety or well-being of a c h ild participatin g in the p rogram. Reportable incidents inc lude, but are not limited to, alleg ations of abuse, neglect or exploitation of a child; injury of a participant; missing child or abandoned child; loss of property use for th e prog ram; or d estruction of p roperty u sed in th e program. I n c ident definitions can b e fou n d on the sample incident report form loc ated on Th e Children ’s Trust website.   Contract #2016-2760, Resolution,2019-61 | Page 15 of 65 Provider shall immediately report knowledge or reasonable susp icion of abuse, neglect or aban d onment of a child, ag ed person or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (800.962.2873), as required by Chapters 3 9 an d 415, Florida Statutes, Provider and its employees are mandated to report any suc h suspicions.   Provider shall n otify the c on trac t manager of any incid ent as defined within th ree (3) c alen d ar days after Provider is informed of such inc ident. Th e notification mu st be in writing and include a copy of the incident report. The report must contain the following: 1. Name of reporter (person g iving the notice) 2. Name and address of vic tim and guardian 3. Phone numb er where reporter can b e contacted 4. Date, time and location of incid ent 5. Complete d escription of inc ident and injuries, if any   Police report and actions taken sh all be submitted to The Child ren’s Tru st within fi fteen (15) calen d ar  days of the incident. Provider sh all provide written n otifi cation to The Child ren’s Trust, within seven (7) c alen d ar days of any legal action related to the incident.         7. Sexual Harassment  Provider shall c omplete an incid ent report in the event a prog ram particip ant, c lient or employee makes an allegation of sexual harassment, sexual misconduct or sexual assault by a Provider employee, volunteer or an yone involved with service arising out of the performance of this Contrac t, and Provid er has knowledge thereof. Provider shall p rovide written notification to The Ch ildren’s Tru st within three (3) bu siness d ays after Provider is informed of such an allegation. Provid er sh all su b mit written notifi c ation to The Ch ildren’s Trust within seven (7) b u sin ess d ays of an y legal ac tion whic h is fi led as a result of such an alleg ed incid ent.         8. Proof of Policies  Provider an d subcontractor, as applicable, sh all keep on file copies of th eir policies, in cluding, b u t not limited to, c onfidentiality, inc ident reporting, sexual harassment, n on d isc rimination, equal opportu n ity and/or affi rmative action, Americ ans with Disab ilities Ac t, and drug-free workplace.         9. Mandatory Disclosure Provider sh all disclose to The Ch ildren’s Tru st all ad ministrative p roceed ings, active investigation s and leg al ac tion s (collec tively referred to as “Actions”) th at it is a p arty to or witn ess related to any program funded by The Children’s Trust. Provider shall notify its assigned Contract Manager within ten (10) days of the Provider b ecoming aware of such Ac tions. Failure to comply with this requirement could b e deemed a material breach of this Contract, as determin ed in the sole discretion of The Children’s Tru st.  Addition ally, The Children’s Tru st, in its sole discretion, will determin e wh ether such Ac tion s could have an adverse imp act on the Provider’s ability to d eliver the contractual services and whether to terminate this Contract.   U. CONSENT  Provider must ob tain parental/legal guardian consent for all minor participan ts to participate and/or for adult partic ipants in the program for Services, and to sh are information with The Ch ildren’s Trust for mon itoring and evaluation p u rposes. Additionally, prior to taking or using still p h otograp h s, dig ital photog raphs, motion pic tures, television transmissions and/or videotaped recordings (c ollectively referred to as “Recordings”) of p articipants, Provid er shall ask particip an ts to sign a voluntary Authorization for Ph otograph/Video form located on The Children’s Trust’s web site.  The form is produced in E nglish, Spanish and Haitian Creole and shall be made available to Provider. Any refusal of consen t must be properly documented and signed by the parent or legal g u ardian on the consen t form.    V. PROGRAMMATIC DATA REPORTING Demograp h ic an d servic e in formation on program p articipants will b e provided to The Children ’s Trust as part of The Children’s Trust’s research mission. Provider agrees to comply an d participate in any data collection reporting, in cluding participant data as required by Th e Children’s Trust and described in Attach men t C: Data Requirem ents and Program Prog ress Metrics, are su b ject to con fi d en tiality req u irements. I n addition, Provider agrees to furn ish The Ch ildren’s Trust with complete and accurate reports in the timeframe and format to be reasonably specified by The Ch ildren’s Trust, and as described in Attachm ents A: Scope of Services an d C: Data Requirements and Program Progress Metrics. W. MARKETING & PUBLICITY  Provider or its contracted departments sh all distribute a n ews release to loc al n ews media ou tlets announcin g it has b een awarded fundin g 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 eac h of its Trust-funded site locations (u n less su ch placement of signage is specifically proh ibited by Provider's lease).   Provider shall display the official Children’s Trust logo on th e home p age of its website (if Provider maintains a web site) and link it to The Children’s Tru st website (www.thec h ildrenstrust.org); or, if Provider maintains another page on its web site Contract #2016-2760, Resolution,2019-61 | Page 16 of 65 that d isplays the n ames and logos of its funding partners, Provider shall include th e offi c ial Children's Trust logo on that pag e and link it to Th e Child ren’s Trust website (www.thechildrenstrust.org). If th e funded p rogram is part of a larger en tity, such as a university, th e logo may be placed on the web page dedicated to that program on th e Provider’s website. Provider shall in addition in c lude th e following paragraph, along with the logo, on th e web page ded icated to th e program funded by this Contract, or elsewhere on its website (in English/Spanish or English/Haitian Creole or all three languages, dep ending upon pop u lation served):   E nglish: [Provider Program Nam e] is funded by The Ch ildren’s Trust. The Child ren’s Trust is a dedic ated sourc e of revenue established by voter referendum to improve the lives of children an d families in Miami-Dade County.   E spañol: E l [Provider Program Nam e] está financiado por The Ch ildren’s Trust. The Children’s Trust es una fu en te de fi nan ciac ión, c reada por los votantes en referéndum para mejorar la vida de los niños y las familias en Miami-Dade.   Kreyol: Se Ch ildren’s Trust ki finanse[Pwogram Sa-a]. Children ’s Trust se yon sous fi nan sman elektè Miyami-Dade te kreye nan yon referandòm. Finansman sa a dedye pou pwogram k’ap amelyore lavi ti moun ak fanmi yo.   Note: In cases where funding by The Child ren’s Trust rep resents only a perc en tage of Provider’s overall fundin g , the ab ove language can be altered to read “[Provider Program Nam e] is funded in part by The Children’s Trust…” OR “El [Provider Program Name] está financiado en parte por The Child ren’s Trust…” OR “S e Children’s Trust ki finance yon pati nan[Pwogram Sa-a]…”   Provider agrees that all program servic es, activities and events funded b y th is Contract shall recognize The Ch ildren’s Trust as a funding sourc e in any and all public ity, public relations and marketing efforts/materials created under its con trol on beh alf of the program. 1. COMMUNICATION WITH MEDIA/NEWS OUTLETS Provider shall requ est that all med ia representatives, when inquiring with Provider ab out th e program services, activities and events funded b y th is Contract, recognize The Children’s Trust as a funding source. 2. VIDEO Provider agrees that any video it produces that d epic ts activities, services and events funded b y this Con trac t sh all include a fu ll-screen graphic at its end rec ognizing 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 u pdate on its soc ial med ia accounts (e.g., Faceb ook, Twitter, Instagram, etc.) announcing it has been awarded a fundin g c on trac t by The Ch ildren’s Tru st, an d tag Th e Ch ildren’s Tru st’s p rofile on th ose social media n etworks. I f The Tru st does not h ave a p rofile on a particular social media network, the post sh ould link back to www.thechildrenstrust.org. b. State it is funded by The Children’s Trust on all of its social media n etworks’ “About” sections. c . Tag an d /or mention The Children’s Trust on all p osts related to services, activities and events funded by this Contract. d. List The Children’s Trust’s fan p ag e under “Liked b y Th is Page” on its Facebook page (if Provider maintain s a Fac eb ook pag e). e. Follow The Children ’s Tru st Twitter ac c ount (if Provider maintains a Twitter ac c ount). 4. PRINTED MATERIALS  a. Provider or its contrac ted departments shall en sure that any and all printed materials it creates for program servic es, activities an d events funded by this Contract, including, but not limited to, newsletters, n ews releases, b rochures, fliers, advertisemen ts, signs/banners, letters to program partic ipants and/or th eir parents/gu ardians, or any other materials released to the media or g en eral public, shall state that these program services, ac tivities an d even ts are funded b y Th e Child ren’s Trust. b. Further, Provid er sh all also employ the use of the ap p ropriate Children’s Tru st logo an d /or lan g u age as stated above when rec ognizing said funding in any and all printed materials. c. Proofs of all printed material referenced herein must be su b mitted to The Children’s Trust communications departmen t (communicationsc omplianc e@th echildren stru st.org) for ap p roval prior to produc tion/printing and release/d istribution. d. Provider agrees to deliver to The Children’s Trust, without charge, at least three (3) copies of any and all p rin ted materials it creates for p rogram services, activities and even ts funded by this Contract.  Contract #2016-2760, Resolution,2019-61 | Page 17 of 65 e. Provider agrees that The Children ’s Tru st will have use of copyrighted materials developed under this Contract to th e extent provided in, and subject to, the provisions of Sections F: Intellectu al Property and Rights to Develop ed Materials and H: Intellectu al Property Licen sing Fees and Costs.   5. TERMINATION OF CONTRACT Upon termin ation of this Contract by either party or its exp iration and nonrenewal, Provid er sh all remove all references to Th e Child ren's Tru st from its site(s), website, soc ial media accounts, advertisements and promotional materials, to coinc ide with the effec tive date of such termination or expiration .     X. MISCELLANEOUS 1. HEADINGS, USE OF SINGULAR AND GENDER  Paragraph headings are for c onvenience only an d are n ot intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, th e singular shall inclu d e th e plural and p lural shall inclu d e th e singular, an d pron ouns shall b e read as masculine, feminine or n euter as the context requires.   2. NO THIRD PARTIES Th ere are no inten d ed or unintended third party benefi ciaries to this Contract.   Y. JOINT PREPARATION Th e parties hereto acknowledge that th ey have sought and received whatever comp etent advice and counsel as was necessary for th em to form a fu ll and c omplete u n d erstandin g of all rights and oblig ations herein and that the p reparation of this Contract has been their joint effort.  The languag e agreed to expresses the parties' mutual intent and the resulting document shall not, solely as a matter of ju d icial construction, be c onstrued more severely ag ainst one of the parties than the other. Z. TOTALITY OF CONTRACT/SEVERABILITY OF PROVISIONS Th is Contract with its attachments as referenc ed below contain s all th e terms and conditions agreed upon b y th e Parties: Attac hment A: Scope of Services Attac hment B: Other Fisc al Requirements, Budget and Method of Payment Attac hment C: Data Requirements and Program Metrics Attac hment D: Program-Specific Audit Requirements Attac hment E-1: Affidavit for Level 2 Bac kground Screenings, if applic ab le Attac hment E-2: Child Care Attestation of Good Moral Charac ter, if applic able Attac hment E-3: Child Abuse & Neglect Reporting Requirements, if applicable Attac hment E-4: Background Screen ing & Personnel File Requirements, if applicable Attac hment F: Additional Insuranc e Requirements, if ap p licable Attac hment G: Other Matters, if applic able No other Con trac t, oral or otherwise, regarding the subject matter of this Contract shall be d eemed to exist or bin d the Parties. If any provision of this Con trac t is held invalid or void , the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to th e terms and requirements of ap p licable law. [REMAINDER OF PAGE INTENTIONAL LY BLANK]   Contract #2016-2760, Resolution,2019-61 | Page 18 of 65 Pro vider Federal ID#59-6000335 Pro vider Vendor ID#CITYO276   City o f Hialeah            The Children's Trust MIA MI-DADE COUNTY, FLORIDA       B y: By:  (signature of Authorized Repr esentative)  (signatur e)        Sharo n Dziedzic   James R. Haj        Education Supervis o r   Pres ident and CEO       Date:6/17/2019  Date:6/17/2019   This Con tract is not valid until signed by b oth Parties.     Contract #2016-2760, Resolution,2019-61 | Page 19 of 65 Attachment A - Sc op e of Services Youth Enrichment, Emp loyment and S u p p orts PROGRAM OVERVIEW Sharon Dziedzic You th E nric h ment, E mploymen t an d Supports City of Hialeah STEP Ah ead Program The City of Hialeah S u ccessful Transition E duc ation Program (STEP) Ahead is a Youth Development Program foc using on the transition of Youth with Disabilities (YWD) from h igh school to the ad u lt world. STEP Ahead offers an array of enrichment activities designed to enhan ce and in tegrate job coaching, civic engagement, art, ac ademic life and social skills of adolesc ents ages 14-22 with mild to moderate intellectu al disabilities as well as youth with autism. The hig h sc hool YWD will be rec ruited from Hialeah an d the surrounding areas and will p articipate in a year round program.  Academic enric hment activities will be tailored to the needs of the students’ and encompass the d evelopment of fu n ctional literac y (reading and writin g ) an d math g iven the nature of the students’ in tellec tual disabilities. Social- Emotional Learning (SEL) ac tivities focus on improving core social and emotional skill sets youth need to successfully transition to ad u lth ood. At the STEP Ahead site, certified Special Education Teac h ers and trained p rogram staff will offer enrichment activities such as art and fi tness that are ap p ropriate for this special population.  Strategic ally selected job sites have been iden tifi ed to allow partic ipants to put in practice the skills they have acquired during th eir job c oachin g activities and youth driven c ivic engagemen t op p ortunities will foster c ivic an d soc ial responsibility. These hands-on auth entic exp eriences will be supervised by trained Job Coaches to ensure the students are successful.  School Year, S u mmer PARTICIPA NTS T imeframe Number o f Slo ts % of Youth with Dis abilities Slo ts Number o f Service Weeks Frequency of Services per Week School Year 40 100 39 5 Summer 50 100 7 4 SERVICE SIT ES General Site Information School Year Summer AGENCY SIGNER INITIATIVE PROGRAM NAME PROGRAM DESCRIPTION SERVICE TIMEFRAME(S) Contract #2016-2760, Resolution,2019-61 | Page 20 of 65 Site Name and A ddress: City of Hialeah 7400 W. 24th Av e. Hialeah 33016 Site Timeframe: School Year,Summer Number of Direc t Servic e Staff: School Year: 10 Summer : 13 F o c us Area(s): School Year: Civic Engagement,Job Training Summer : A rts,Civic Engagement PARTICIPANT INF ORMATION Number of Slots: 40 % of Children with Disabilities: 100% G rade Range : 9th gr ade,10th gr ade,11th grade,12th grade,Young A dults with disabilities or transitioning fr om foster care (18-23) SERV ICE DAT E S Ser v ice Dates: 8/19/2019 – 6/3/2020 Number of Ser v ice Weeks: 39 Number of Ser v ice Day s: 180 Ser v ices offered 5 day s per week Hour s of Operation: Monday - Fr iday 2:30 pm - 5:30 pm ME A LS Sour ce of Meals: P rov ided by The Children's Tr ust Contracted Vendor Other: Sour ce of Lunch Snacks: Pr ovided by The Children's Tr ust Contracted Vendor Other: PROGRA M F E E S Fees Charged: Yes Registration Fee: $50.00 Fees: $0 N/A Fee Description: Registration Fee $50 PA RT ICIPA NT INFORMAT ION Number of Slots: 50 % of Childr en with Disabilities: 100% Gr ade Range : 9th grade,10th grade,11th gr ade,12th grade,Young Adults with disabilities or tr ansitioning from foster car e (18-23) SE RVICE DATES Service Dates: 6/8/2020 – 7/23/2020 Number of Service Weeks: 7 Number of Service Days: 28 Services offer ed 4 days per week Hours of Operation: Monday - Thursday 8:00 am - 2:00 pm MEALS Source of Meals: Pr ovided by The Children's Trust Contr acted Vendor Other: Source of Lunch Snacks: P rov ided by The Children's Trust Contr acted Vendor Other: PROGRAM FEES Fees Charged: Yes Registration Fee: $50.00 Fees: $0 N/A Fee Descr iption:Registration Fee: $50 PROGRAM ACT IV ITIES A c tivity Details Contract #2016-2760, Resolution,2019-61 | Page 21 of 65 A c ademic Suppo rt: School Year, E BP: Other Other EBP: Br igance Transition Skills Section G . Employment Skills and Section L. Finacial Literacy Skills Yo uth expected in activity: All Youth Duratio n: 39 Weeks Frequency: 2time(s) per week Minutes o ffered: 60 A c tivity Description: Academic suppor t activ ities can be flexibly structur ed and delivered in many diff erent formats that fit the needs of the grade lev els and youth being served. Some examples of suppor ts may include cor e subject tutoring, SAT/ACT test prepar ation, pr oject-based learning as part of enrichment activ ities that incorporate r eading, writing and mathematics. A ppro ach to Implementation: B rigance Tr ansition Skills Section G . Employ ment Skills and Section L. Financial Literacy Skills is an ev idence-based program which helps deliv er data-driven instr uction while reinforcing components and activities in reading, wr iting and mathematics. These activ ities with a focus on reading skills and financial liter acy are specifically designed to meet the needs of y outh with intellectual disabilities to prepare them for post-secondary education/training, employ ment, independent living, and community participation. The methods of instruction include direct instruction, role-play ing, v ideos, and simulation exer cises. Functional math activities encompass a broad spectr um of concepts, fr om concrete to abstract, that allow students to explor e and solve problems for the pur poses of: 1) functioning in ever y day life and 2) dev eloping advanced r easoning and application abilities. Resour ces are prov ided that assist students to develop functional v ocabulary and language related to mathematics. Acquired skills and accur acy with basic mathematical concepts such as counting on, sorting and patterns, recognizing numer als, telling time or time management, under standing quantities or money management are impor tant if indiv iduals ar e to achiev e integration into school or community settings. Sample application of skills are as follows: Numbers & Operations (counting out sets, solv ing math pr oblems using manipulativ es); Measurement (using a ruler to measure items, keeping temper atur e chart for a month); G eometry (identifying geometr ic patter ns in safety signs); Algebra (creating an equation of monies made in a week); Data A naly sis and Pr obability (creating survives and/or char ts of peer s favor ite sports). A ccommodations: Efforts will be made to accommodate students by taking into consider ation the IEP of each participant. A djustments to curr iculum and instruction materials will be made accordingly. Participants are separated into two gr oups (Gr oup A: Tuesday s and Thursday s and Gr oup B: Mondays and Wednesday s) while alternating day s of attendance between A cademic Support, Social Skills Dev elopment, and Job Training/Placement.   Related Field Trips: N/A Contract #2016-2760, Resolution,2019-61 | Page 22 of 65 So c ial-Emo tio nal Learning (SEL): School Year, E BP: Other Other EBP: Social Skills Development ME! Yo uth expected in activity: All Youth Duratio n: 39 Weeks Frequency: 3time(s) per week Minutes o ffered: 90 A c tivity Description: Social-Emotional Lear ning (SEL) activities must include a str uctured design programming grounded in positive y outh dev elopment best practices. Progr am focuses on positive skill-building (strengths-based ver sus deficit-based) thr ough challenging activ ities, leadership development, decision-making oppor tunities, and opportunities for youth to have hands-on practice apply ing skills to r eal-world scenar ios. Programs ensure a nurturing, socially positiv e env ir onment, inclusive of staff equipped to activ ely and intentionally foster this env ir onment by coaching children and appropriately modeling concepts and skills. A ppro ach to Implementation: Social/life skill dev elopment activities focus on improving social and emotional skill sets youth need to successfully transition to adulthood. These skills include but are not limited to: communication/interper sonal r elationship, pr oblem-solv ing, responsible decision-making, leader ship, self-awareness and self-management. The pr ogram will support social skills/life skills dev elopment thr ough positive y outh dev elopment pr actices including: focusing on positive relationships between staff and participants, use of positive behavior management and prov iding an inclusive environment for all participants.   Social skill development ME! Lessons for Teaching Self A wareness and Self Adv ocacy will be offered which contains materials and activities that teach students to under stand their disability and abilities, r ights and responsibilities, and self-adv ocacy skills. Students will dev elop a portfolio containing critical information and documents which will aid them transition from high school to postsecondary settings.  A dditional activ ities include: painting, graphic ar t, dance and dr ama focusing on self-awareness and ex pression.   Fitness and coordination will be offer ed through the ev idence-based SPARK cur riculum which includes cr eative and fun indoor/outdoor fitness activities. Special Olympics tr aining helps participants over come bar riers through sports. Yoga/ Meditation will also be offered to impr ove fitness, coor dination and help control anxiety and promote r elax ation.   Field Tr ips will be planned to engage students with hands on ex perience that further develop social, financial, and phy sical attributes.   A ccommodations: Efforts will be made to accommodate students by taking into consider ation the IEP of each participant. A djustments to curr iculum and instruction materials will be made accordingly.   Participants are separated into two gr oups (Gr oup A: Tuesday and Thur sday and G roup B: Monday and Wednesday ; Friday s both groups will participate) while alternating day s of attendance between Academic Support and Job Training/Placement.   Related Field Trips: The City of Hialeah STEP A head YWD will par ticipate in a wide r ange of Social Skills Development fieldtrip opportunities. Contract #2016-2760, Resolution,2019-61 | Page 23 of 65 So c ial-Emo tio nal Learning (SEL): Summer, E BP: Other Other EBP: Social Skills Development ME! Yo uth expected in activity: All Youth Duratio n: 7 Weeks Frequency: 2time(s) per week Minutes offered: 150 A c tivity Description: Social-Emotional Lear ning (SEL) activities must include a str uctured design programming grounded in positive y outh dev elopment best practices. Progr am focuses on positive skill-building (strengths-based ver sus deficit-based) thr ough challenging activ ities, leadership development, decision-making oppor tunities, and opportunities for youth to have hands-on practice apply ing skills to r eal-world scenar ios. Programs ensure a nurturing, socially positiv e env ir onment, inclusive of staff equipped to activ ely and intentionally foster this env ir onment by coaching children and appropriately modeling concepts and skills. A ppro ach to Implementation: Social/life skill dev elopment activities focus on improving social and emotional skill sets youth need to successfully transition to adulthood. These skills include but are not limited to: communication/interper sonal r elationship, pr oblem-solv ing, responsible decision-making, leader ship, self-awareness and self-management. The pr ogram will support social skills/life skills dev elopment thr ough positive y outh dev elopment pr actices including: focusing on positive relationships between staff and participants, use of positive behavior management and prov iding an inclusive environment for all participants.   Social skill development ME! Lessons for Teaching Self A wareness and Self Adv ocacy will be offered which contains materials and activities that teach students to under stand their disability and abilities, r ights and responsibilities, and self-adv ocacy skills. Students will dev elop a portfolio containing critical information and documents which will aid them transition from high school to postsecondary settings.  A dditional activ ities include: painting, graphic ar t, dance and dr ama focusing on self-awareness and ex pression.   Fitness and coordination will be offer ed through the ev idence-based SPARK cur riculum which includes cr eative and fun indoor/outdoor fitness activities. Special Olympics tr aining helps participants over come bar riers through sports. Yoga/ Meditation will also be offered to impr ove fitness, coor dination and help control anxiety and promote r elax ation.   Field Tr ips will be planned to engage students with hands on ex perience that further develop social, financial, and phy sical attributes.   A ccommodations: Efforts will be made to accommodate students by taking into consider ation the IEP of each participant. A djustments to curr iculum and instruction materials will be made accordingly.   Participants are separated into two gr oups (Gr oup A: Tuesday and Thur sday and G roup B: Monday and Wednesday ) while alternating day s of attendance between Civ ic Engagement and Ar ts and Cultur e.   Related Field Trips: The City of Hialeah STEP A head YWD will par ticipate in a wide r ange of Social Skills Development fieldtrip opportunities. Contract #2016-2760, Resolution,2019-61 | Page 24 of 65 Job Training: School Year, E BP: Other Other EBP: N/A Yo uth expected in activity: All Youth Duratio n: 39 Weeks Frequency: 2time(s) per week Minutes o ffered: 90 A c tivity Description: The Job Training activity off ers youth in-depth ex plor ation of specific career inter ests and pathways, as well as dev elopment of important wor kplace skills. Job training progr ams wor k to prepar e y outh for job placement and/or work ex perience in partnership with businesses and other agencies. Progr ams assist interested youth with meeting the enr ollment criter ia to par ticipate in the Summer Youth Inter nship Pr ogram (SYIP), a partnership of The Childr en's Trust, Miami-Dade County Public Schools (M-DCPS) and Miami-Dade County. Key elements of job training pr ograms include helping y outh obtain r equired legal documents for employ ment (e.g.,  identification), as well as tr aining on resume creation, pr ofessional etiquette, job search, inter v iewing skills, pr ofessional networking, and financial literacy. Although not all y outh receiv ing job training ar e ex pected to receive immediate job placement, programs are expected to tr ack and suppor t job placement with supplemental job coaching. A ppro ach to Implementation: A vocational skills training progr am is designed to provide behavioral/life skills and educational enhancement for participants. A ctivities will ensure y outh acquir e knowledge, skills and abilities which are necessary to obtain relev ant certificates/certifications. Vocational education trainings such as financial liter acy and career ex plor ation will be offered to all participants. These progr ams assist y outh in gaining work exper ience which in r etur n will aid them in meeting their employment/educational goals, impr ov e social/emotional skills and connect them to educational and employ ment r esour ces. PRIDE is a job training/placement progr am which will assist students with career r eadiness by practicing skills such as r esume building, pr oper inter v iewing techniques, and dressing for success. The progr am will offer wor kshops for participants such as, “B usiness Leader”, wer e local business leader s ar e invited and discuss good attributes, the interview process along with discussion of sample questions, and employee code of conduct. B usiness professionals conduct these workshops assisted by pr ogram staff. Another wor kshop oppor tunity would be What to Wear (W2W) which prov ide par ticipants the opportunities to determine appr opriate attire and makeup for business/job interv iews. Internship pr ograms prov ide youth with oppor tunities for off site car eer readiness while ex plor ing car eer inter ests and pathways in-depth, as well as the development of impor tant workplace skills. A ccommodations: Efforts will be made to accommodate students by taking into consider ation the IEP of each participant. A djustments to curr iculum and instruction materials will be made accordingly. A pprox imately 45-60 minutes ar e allocated for tr avel time from main site to job site. Participants are separated into two gr oups (Gr oup A: Tuesday s and Thursday s and Gr oup B: Mondays and Wednesday s) while alternating day s of attendance between A cademic Support, Social Skills Dev elopment, and Job Training/Placement. Once eligible for placement in competitive employ ment, the Pr ogram Manager will assist the participant and their families in seeking support from the Div ision of Vocational Rehabilitation (DV R). Related Field Trips: N/A Contract #2016-2760, Resolution,2019-61 | Page 25 of 65 Civic Engagement: School Year, E BP: N/A Other E BP: N/A Yo uth expected in activity: All Youth Duratio n: 39 Weeks Frequency: 1time(s) per week Minutes o ffered: 60 A c tivity Description: Civ ic Engagement activ ities will engage y outh in assessing community needs and assets, as well as designing and implementing actions in support of community improv ement. Youth may choose to addr ess issues within their schools, neighborhoods, social networks, or tackle larger social, environmental or health issues. Progr amming focus can include, but is not limited to, advocacy eff orts, community improv ement projects, community needs assessments, participation in public policy or social justice issues, participator y action r esear ch, peer mentoring, photo-v oice projects and pr oject-based lear ning. A ppro ach to Implementation: One of the str engths of the STEP A head Program is the strong network of partner s that hav e committed to pr oviding support and services to the participants. STEP Ahead is uniquely positioned to hav e access to a wide r ange of civ ic engagement opportunities fr om our public librar ies, elderly center s, public parks pr ograms, local schools and city beautification projects. YWD will learn to set r ealistic, time measured goals in planning civic engagement pr ojects. The STEP Ahead civ ic engagement model will utilize community based instruction and ev idence-based str ategies which are adapted to meet the needs of the population serv ed. The progr ams main goal is to pr ov ide a fr amework that accommodates both high and low functioning participants through positive coaching and individual suppor t while promoting personal empowerment and helping y outh make informed choices. During the school y ear, our teachers and staff wor k to prepar e participants on decision making and/or team decision making thr ough projects of their choice and develop leadership skills. Participants will receiv e training and support from progr am and City of Hialeah professionals to learn and develop best practices, cr eate pr ojects while reaching successful outcomes. Coaches/counselors will superv ise to ensure safety and progr ess on each project at all times. These civ ic activ ities ar e a prelude to larger , more time consuming civ ic pr ojects that will be off ered dur ing the summer program. A ccommodations: Efforts will be made to accommodate students by taking into consider ation the IEP of each participant. A djustments to curr iculum and instruction materials will be made accordingly. Civic engagement activities will be off ered on Friday s to both groups (G roup A and Gr oup B).   Related Field Trips: The City of Hialeah STEP A head YWD will par ticipate in a wide r ange of civ ic engagement fieldtr ip oppor tunities.   Contract #2016-2760, Resolution,2019-61 | Page 26 of 65 Civic Engagement: Summer , E BP: N/A Other E BP: N/A Yo uth expected in activity: All Youth Duratio n: 7 Weeks Frequency: 2time(s) per week Minutes offered: 270 A c tivity Description: Civ ic Engagement activ ities will engage y outh in assessing community needs and assets, as well as designing and implementing actions in support of community improv ement. Youth may choose to addr ess issues within their schools, neighborhoods, social networks, or tackle larger social, environmental or health issues. Progr amming focus can include, but is not limited to, advocacy eff orts, community improv ement projects, community needs assessments, participation in public policy or social justice issues, participator y action r esear ch, peer mentoring, photo-v oice projects and pr oject-based lear ning. A ppro ach to Implementation: One of the str engths of the STEP A head Program is the strong network of partner s that hav e committed to pr oviding support and services to the participants. STEP Ahead is uniquely positioned to hav e access to a wide r ange of civ ic engagement opportunities fr om our public librar ies, elderly center s, public parks pr ograms, local schools and city beautification projects. YWD will learn to set r ealistic, time measured goals in planning civic engagement pr ojects. The STEP Ahead civ ic engagement model will utilize community based instruction and ev idence-based str ategies which are adapted to meet the needs of the population serv ed. The progr ams main goal is to pr ov ide a fr amework that accommodates both high and low functioning participants through positive coaching and individual suppor t while promoting personal empowerment and helping y outh make informed choices. During the summer , our teacher s and staff work to continue r einfor cing skills used during the afterschool pr ogram which prepar e participants on decision making and/or team decision making through projects of their choice and develop leadership skills. Participants will receiv e training and support from progr am and City of Hialeah professionals to learn and develop best practices, cr eate pr ojects while reaching successful outcomes. Coaches/counselors will superv ise to ensure safety and progr ess on each project at all times. These civ ic activ ities ar e a prelude to larger , more time consuming civ ic pr ojects then those which will be off ered dur ing the after school program. A ccommodations: Efforts will be made to accommodate students by taking into consider ation the IEP of each participant. A djustments to curr iculum and instruction materials will be made accordingly. Participants are separated into two gr oups (Gr oup A: Monday and Wednesday and Gr oup B : Tuesday and Thursday ) while alternating day s of attendance between Social Skills Dev elopment and Ar ts and Culture.   Related Field Trips: The City of Hialeah STEP A head YWD will par ticipate in a wide r ange of civ ic engagement fieldtr ip oppor tunities.   Contract #2016-2760, Resolution,2019-61 | Page 27 of 65 A rt: Summer, E BP: N/A Other E BP: N/A Yo uth expected in activity: All Youth Duratio n: 7 Weeks Frequency: 2time(s) per week Minutes offered: 120 A c tivity Description: Par ticipants will receive art pr ogramming services that help par ticipants strengthen skills in specific artistic disciplines, expr ess their cr eativity and collaborate with others. A rts pr ograms can focus on one or more disciplines including, but not limited to: dance, painting, dr awing, graphic design, theatre/drama, choir , photography , performance art, creativ e wr iting, poetr y, storytelling, mix ed-media, sculpture, music and film. All arts progr ams must include an element of public per for mance or ex hibition developed by youth. A ppro ach to Implementation: The v alue of ar tistic and creative development is a vital component in the personal development of YWD. A positiv e ex perience in the Arts will have a profound and positive eff ect on YWD by encouraging creativ e thinking, abstract thought and self- ex pression.   Teachers will dev elop and implement indiv idual/group projects using ev idence based strategies so YWD can lear n and dev elop their artistic skills. Ar tistic projects will begin with simple ar t activities to develop indiv idual skill sets, and then grow progr essively, all of which is adapted to meet the needs of the population we ser ve.   A s the YWD develop individual skill sets, they will be encouraged to choose the ty pe of gr oup projects they wish to do. A rtistic projects cover a wide range of medium’s; therefor e, our teachers will provide opportunities to expand ar tistic under standing by ex posing YWD to the latest cr eative ideas from around the wor ld. STEP Ahead will work on 21st Century skills, by utilizing innov ative technology to help YWD dev elop skills in computer ar eas. These activities will be highly popular with YWD, fur ther promoting an interest in the ar ts to the tech savv y generation of today. Dur ing the summer showcase, an exhibition of student’s work selected by the y outh will be display ed as an ar t installation.   City r esour ces will be used to gain professional guidance and training in areas such as photography , media, and painting/ drawing. To further enhance the ar ts component exper ience, field trips to local ar t museums to gain a tangible connection will be included. Guest Speakers will be inv ited to prov ide oppor tunities to ask questions and gain insight directly from local artists/performers in the A rt’s community.      Participants are separated into two gr oups (Gr oup A: Tuesday s and Thursday s and Gr oup B: Mondays and Wednesday s) while alternating day s of attendance between Social Skills Dev elopment, Civ ic Engagement and Ar ts and Cultur e.   Related Field Trips: During the summer pr ogram the City of Hialeah STEP Ahead YWD will participate in a wide range of Ar ts and Culture fieldtrip opportunities. PROGRAM PART ICIPATION T imeframe Cohort Number of Participants Partic ipation Start Date and End Date Participant Frequency Partic ipant Overall Days Partic ipant Overall Hours School Year Not Applicable 40 8/19/2019 to 6/3/2020 Number o f weeks: 39 Weeks Without Service: 3 Days Without Servic e: 15 Days per week: 5 Hours per week: 10.5 180 378 Contract #2016-2760, Resolution,2019-61 | Page 28 of 65 Summer Not Applicable 50 6/8/2020 to 7/23/2020 Number o f weeks: 7 Weeks Without Service: 0 Days Without Servic e: 0 Days per week: 4 Hours per week: 18 28 126 PARTICIPA NT OUTCOMES Participant Outcomes 75% yo uth increase s chool engagement and po s itive attitudes to wards ac ademic success A s s o c iated with: School Year , A cademic Support Data So urce/Meas urement Tool:Educational Engagement Scale for Teenager s T iming: Pr e-test,Post-test Meaningful Impro vement: Score of 20 on post-test OR an increase of 1 point between pre/post 75% Yo uth make meaningful improvement in soc ial-emo tio nal learning skills A s s o c iated with: School Year , Social-Emotional Lear ning (SEL) Data So urce/Meas urement Tool:Positive Youth Dev elopment Inv entor y Retrospectiv e Positive Youth Dev elopment Inventory # items: 58 questions in survey Scoring: Each item is scored fr om 1 to 4: 1) Strongly Disagree; 2) Disagree; 3) Agr ee; 4) Strongly A gree T iming: Pr e-test,Post-test Meaningful Impro vement: Score of 3.39 across all subscales OR and increase of .4 from pre to post assessment 75% Yo uth make meaningful improvement in soc ial-emo tio nal learning skills A s s o c iated with: Summer, Social-Emotional Lear ning (SEL) Data So urce/Meas urement Tool:Positive Youth Dev elopment Inv entor y (SM) Positive Youth Dev elopment Inventory # items: 58 questions in survey Scoring: Each item is scored fr om 1 to 4: 1) Strongly Disagree; 2) Disagree; 3) Agr ee; 4) Strongly A gree T iming: Pr e-test,Post-test Meaningful Impro vement: Score of 3.39 across all subscales OR and increase of .4 from pre to post assessment.  65% Yo uth demons trate appropriate civic engagement skills A s s o c iated with: Summer, Civ ic Engagement Data So urce/Meas urement Tool:Competence for Civ ic Action (Post Only) Civic Engagement - Competence for Civic A ction # of items: 9 Scoring: 5 point Liker t scale from 1 (I definitely can't) to 5 (I definitely can) Range: 9 - 45 (45 being the highest) T iming: Post-test Meaningful Impro vement: Score of 40 or higher Contract #2016-2760, Resolution,2019-61 | Page 29 of 65 65% Yo uth will increas e c ivic engagement skills A s s o c iated with: School Year , Civ ic Engagement Data So urce/Meas urement Tool:Competence for Civ ic Action T iming: Pr e-test,Post-test Meaningful Impro vement: Score of 40 on post-test OR an increase of 9 points between pre/post 85% Yo uth will improve arts skills A s s o c iated with: School Year , A rt Data So urce/Meas urement Tool:YouthARTS & Science Post Art Skills T iming: Post-test Meaningful Impro vement: Score of 8 or higher 85% Yo uth will improve arts skills A s s o c iated with: Summer, Art Data So urce/Meas urement Tool:YouthARTS & Science Post Art Skills (SM) T iming: Post-test Meaningful Impro vement: Score of 8 or higher 65% Yo uth increase work readines s/ employability skills A s s o c iated with: School Year , Job Training Data So urce/Meas urement Tool:Casey Life Skills - Work/Study & Career/Education T iming: Pr e-test,Post-test Meaningful Impro vement: Score of 130 OR an increase of 6 points between pre/post 0% Yo uth placed in jo b, internship, o r apprenticeship A s s o c iated with: School Year , Job Training Data So urce/Meas urement Tool:Job Training Follow-up T iming: Post-test Meaningful Impro vement: N/A PARTNERS & SERVICE LINKAGE Partners & Service Linkage Contract #2016-2760, Resolution,2019-61 | Page 30 of 65 In-Kind: FLIPANY, A s s o c iated Activity: Des c riptio n of Role & Expertise: FLIPANY’s pr ofessional staff works with childcare centers, afterschool pr ograms, and community centers to assess their environment, policies, and pr actices ar ound healthy eating and phy sical activ ity. FLIPANY’s staff then informs, trains, and giv es resources to the teachers, parents, and participants in or der to foster an ev en more healthy site env ir onment. FLIPA NY provides technical assistance training for program staff of sites that participate in the USDA Afterschool Meal P rogr am. FLIPANY will also provide family engagment activ ities in the area of nutrition education workshops. Servic e E nd Date: In-Kind: Miami-Dade County Public Schools, A s s o c iated Activity: Des c riptio n of Role & Expertise: MDCPS and the City hav e a compact to enhance the educational ex perience of students. MDCPS will continue to prov ide fr ee transpor tation bus routes for students to the STEP Ahead site. MDCPS Special Education Dept. will tr ain teacher s for program instructor s and provide free wor kshops through the Parent Academy. Servic e E nd Date: In-Kind: Parent to Parent , A s s o c iated Activity: Des c riptio n of Role & Expertise: Parent to Parent of Miami is a community-wide, non-pr ofit organization that provides infor mation, educational training and suppor t to families who hav e childr en and adults with disabilities and/or special needs. P to P will co-facilitate wor kshops with the City, help implement a direct referr al process for families of y outh with disabilities in the pr ogram, assist with staff training, and provide materials and r esour ces specific to youth with disabilities to be disseminated in family engagement activities. Servic e E nd Date: In-Kind: City of Hialeah, A s s o c iated Activity: I-Job Tr aining -O- Des c riptio n of Role & Expertise: The Libr aries offer a wide range of free ser v ices to the community. Services include tutoring, programming for children, computer services, a media library , English classes for adults, citizenship classes and educational wor kshops, among other s. Libraries commit to pr omoting the program at all br anches. They will also serv e as a progr am job site and offer internship opportunities to enhance the employ ability skills of youth with disabilities. Servic e E nd Date: Contract #2016-2760, Resolution,2019-61 | Page 31 of 65 In-Kind: City of Hialeah, A s s o c iated Activity: I-Civic Engagement -O-,I-Job Tr aining -O- Des c riptio n of Role & Expertise: TCT has previously provided funding to the City of Hialeah Education and Community Services (ECS) Department for 10 afterschool and 6 summer sites. ECS also provides ser v ices through 4 adult center s and one therapeutic recr eation center and 5 after school locations for teens through the 21st CCLC. ECS will ov ersee the TCT pr ogram implementation and cur riculum. A lso, ECS will  pr ov ide space, administrativ e suppor t, civic engagement and employ ment sites for the progr am. Servic e E nd Date: In-Kind: City of Hialeah, A s s o c iated Activity: Des c riptio n of Role & Expertise: The City of Hialeah Department of Communications and Special Events will assist the progr am in pr oviding publicity mater ials and distribution as well as assisting with mar keting effor ts to include Comcast’s Channel 77 (Hialeah TV), website and social media. Servic e E nd Date: In-Kind: Miami-Dade County Public Schools, A s s o c iated Activity: Des c riptio n of Role & Expertise: Miami Dade County Public Schools- Department of Ex ceptional Student Education tr ansition specialists will offer assistance with progr am promotion at local High Schools.  The tr ansition specialist will refer students that ar e a good fit for STEP A head y outh enrichment pr ogram. Miami Dade County P ublic Schools- Department of Exceptional Student Education transition specialists will help the STEP Ahead pr ovide parents and students with resources to help families make informed transition choices.    Servic e E nd Date: In-Kind: City of Hialeah, A s s o c iated Activity: I-Civic Engagement -O-,I-Job Tr aining -O- Des c riptio n of Role & Expertise: City of Hialeah P arks and Recreation Depar tment has 15 par ks, 7 pools, 2 tennis centers, a cultural arts theater, and an early prevention and intervention pr ogram for at-r isk y outh. City of Hialeah Department of P arks and Recreation commits to promoting the pr ogram at all their facilities. They will co-facilitate beautification projects at local parks as designated for civ ic engagement pr ojects. Parks management will work with Step A head staff to pr ovide training and r esour ces specific to civic engagement pr ojects. Parks staff will also co-facilitate and off er resources for artistic projects at cultur al arts facilities and local parks. P arks will also serve as progr am job sites, offer ing inter nship opportunities to enhance employability skills for the participants. Servic e E nd Date: Contract #2016-2760, Resolution,2019-61 | Page 32 of 65 In-Kind: Dojo of Ex ceptional Wellness, Inc., A s s o c iated Activity: I-Social-Emotional Learning (SEL) -R- Des c riptio n of Role & Expertise: Dojo of Exceptional Wellness, Inc. Ex ecutive Director Dojo Master Fr ancisco Santander , has over twenty y ears of ex perience and is a fifth degree black belt. Dojo of Ex ceptional Wellness, Inc. promotes a safe, peaceful and welcoming environment for Personal Empowerment, Self- Ex pression and Inner Str ength through Mar tial Arts. Martial A rts Dojo Master, Fr ancisco Santander , will prov ide basic introduction of  Martial Ar ts positions and no contact ex ercises. He will teach YWD basic meditation skills in order to dev elop effective coping skills to deal with stress and anxiety. Martial A rts is prov en to help foster per sonal empowerment, inner strength and self-confidence. Servic e E nd Date: In-Kind: CCDH, A s s o c iated Activity: Des c riptio n of Role & Expertise: The Adv ocacy Network on Disabilities purpose is to work towards the vision of an inclusive serv ice deliv ery system to meet the div erse needs of all children. The Adv ocacy Network on Disabilities will prov ide assistance with the inclusion of children with disabilities, r e-designing of policies, staff training and technical assistance.  They will also assist in the r eferral process when needed and prov ide access to community -wide trainings. Servic e E nd Date: In-Kind: The V illage Youth Ser v ices, A s s o c iated Activity: Des c riptio n of Role & Expertise: The Village Youth Serv ices is a non-pr ofit youth organization which prov ides after-school and summer program food to low- income youth in under serv ed ar eas of Miami, Florida. The V illage Youth Ser vices will prov ide free nutr itional snacks/lunches and beverages to y outh in the summer camp. Servic e E nd Date: In-Kind: FLORIDA SPECIAL OLYMPICS, INC., A s s o c iated Activity: I-Social-Emotional Learning (SEL) -R- Des c riptio n of Role & Expertise: Special Oly mpics pr ov ides y ear-round sports training and competition to individuals with intellectual, developmental and physical disabilities. Special Olympics will off er program par ticipants sports training and opportunities to par ticipate in Special Olympics competitions Servic e E nd Date: Contract #2016-2760, Resolution,2019-61 | Page 33 of 65 In-Kind: FLORIDA NATIONAL UNIVERSITY, INC., A s s o c iated Activity: I-Job Tr aining -O- Des c riptio n of Role & Expertise: Florida National University is an accr edited center for higher learning in the City of Hialeah, established in 1988. They offer on campus and on-line pr ograms to prepare students for a r ange of car eer choices through the acquisition of r equired skills and knowledge needed for a successful completion of the pr ogram of studies. They offer Associate’s, Bachelor ’s, Master ’s and Doctorate degrees. Flor ida National Univ ersity has partnered with Step A head for the past three year s. To enhance the employability skills of youth with disabilities Florida National Univ ersity 's Librar y and Athletic Departments ser v e as a jobsite for employment internship. Step A head interns ar e treated with dignity and respect, similar to their faculty member s, allowing them to develop a sense of professionalism and under standing of pr oper behav ior in a pr ofessional env ironment.  Servic e E nd Date: STAFFING TABLE Po s ition Positio n Details Minimum Qualifications and Res po ns ibilities Co uns elors Po s ition ID: 37196 Category: Suppor t Staff Classification: Part-time/Seasonal Timeframe: School Year,Summer Number o f Staff: 6 In Ratio: YES Supervision: NO Qualific atio ns: A high school diploma or G eneral Equiv alency Diploma (G ED). Responsibilities: Pr ovide on the job tr aining and coaching at job sites under guidance fr om Program Manager. Assist teachers and facilitators, including collection of and recording outcome assessments. Lead activ ities. Performs other duties related to progr am deliv ery. May be responsible for a v ariety of assignments such as bus driver , cook and maintenance wor k. Related Subc o ntrac tor Budget: Program Direc tor Po s ition ID: 31502 Category: P rogr am Management Classification: Full-Time Timeframe: School Year,Summer Number o f Staff: 1 In Ratio: NO Supervision: YES Qualific atio ns: Bachelor Degr ee or equiv alent exper ience in progr am management. Responsibilities: Pr ovides dir ection for the progr am's daily oper ations. Interv iews, hir es, trains, supervises and evaluates staff. Assures implementation of evidence based curr iculum or progr am pr otocols with fidelity. Assists with all ev aluation, reporting, and oversight of data entry; assists with eff ectiv e implementation of progr am measur ement, data collection plan, and monitoring reimbursements. Related Subc o ntrac tor Budget: Program Manager Po s ition ID: 37174 Category: P rogr am Management Classification: Full-Time Timeframe: School Year,Summer Number o f Staff: 1 In Ratio: YES Supervision: YES Qualific atio ns: Bachelor Degr ee or equiv alent exper ience in progr am management. Responsibilities: Pr ovides dir ection for the progr am's day to day oper ations, super v ision, dir ection and guidance for staff, assures implementation of evidence based curr iculum or progr am pr otocols with fidelity. Related Subc o ntrac tor Budget: Contract #2016-2760, Resolution,2019-61 | Page 34 of 65 Rec reation Leader Po s ition ID: 37444 Category: Suppor t Staff Classification: Part-time/Seasonal Timeframe: School Year,Summer Number o f Staff: 2 In Ratio: YES Supervision: NO Qualific atio ns: A high school diploma or G eneral Equiv alency Diploma (G ED). Responsibilities: Assist teachers, counselor s, and facilitators with deliver y of lessons and activities; assists with collection of and recor ding outcome assessments. Provides progr am support and directly interacts with participants. Related Subc o ntrac tor Budget: Spec ial E duc atio n Teachers - Pooled Po s ition Po s ition ID: 30789 Category: Certified Teacher Classification: Part-time/Seasonal Timeframe: Summer,School Year Number o f Staff: 3 In Ratio: YES Supervision: NO Qualific atio ns: A Flor ida teaching certification. Responsibilities: Deliv ers all academic activities and all aspects of tr ansition curr iculum which includes basic academic skills, job prepar ation, social skills, arts, financial liter acy, etc.; r esponsible for outcome assessments administration and evaluation of YWD. Related Subc o ntrac tor Budget: Spec ial Pro gram Instructor Po s ition ID: 31504 Category: Instructor /Facilitator Classification: Part-time/Seasonal Timeframe: School Year,Summer Number o f Staff: 1 In Ratio: YES Supervision: NO Qualific atio ns: A high school diploma or G eneral Equiv alency Diploma (G ED). Three y ears of wor k ex perience with childr en in the specialized area may substitute for the high school diploma or GED. Responsibilities: Deliv ers specialized enrichment activ ities in a particular subject matter area. Related Subc o ntrac tor Budget: Contract #2016-2760, Resolution,2019-61 | Page 35 of 65 ATTACHMENT B  OTHER FISCAL REQUIREMENTS, BUDGET an d METHOD OF PAYMENT     Budget amendm ents/revisions      Budget amen d ments/revision s require written approval from the designated Con trac t Manager and The Child ren’s Tru st’s Chief Financial Officer or their designees. Requests for budget amendments/revisions must be submitted to the Con trac t Manager using SAMIS, or the appropriate form, as designated by The Children’s Trust. All budget amen d ments/revision s are subjec t to final approval b y Th e Child ren’s Trust. Budget amendments/revisions cannot b e used to increase th e total Con trac t amount or to modify the Sc ope of S ervices. No more than two b u d g et amendmen ts/revisions may be approved during the Contract term. Budget amendmen ts/revisions will b e d isallowed if they seek to revise retroactive c osts not previously b u d g eted. All amendmen ts/revisions must adju st for op erational activity effective as of the previously billed period. Budget amen d ment/revision req u ests mu st be submitted sixty (60) days prior to the expiration of the Contract. Onc e approved, all budget amen d ments/revision s will be incorporated in to the Contract. Invoice/ Request for Paym ent Requ iremen ts Provider or Seller shall submit an original req u est for p ayment, utilizin g the format prescribed by Th e Children ’s Trust and in accordance with the approved budget or approved budget revision (s). This format may en tail the electron ic su b mission of a request for payment in th e SAMIS system in accordance with th e ap p roved budget or budget amendments/revisions, pap er invoice, spreadsh eet, or other submission method. The Children’s Tru st will notify the Provider and/or Seller the method of submittal. I n voic es not su b mitted in the SAMI S system shall be su b mitted by the Provider and/or S eller to The Children’s Trust at: accountspayable@thechildrenstrust.org and to the Provider and/or Seller’s Trust staff member assigned to th is c ontract. The invoice mu st include The Child ren’s Trust’s issued Purchase Order (PO) number.  S u b missions to accountsp ayable@th echildren stru st.org must c on tain only the invoice and no additional corresp ondence. Attachments and other documentation in cluded with th e invoice submitted to ac c ountspayable@thec h ildrenstrust.org will render the invoice as bein g not properly su bmitted. The request for payment is due on or b efore the fi fteen th (1 5 th) day of the mon th following the month in whic h expen d itu res were paid (exclusive of legal holid ays or weekends). The Child ren’s Trust will c onsid er all invoices rec eived after the fifteenth (15th) of eac h 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 reimbu rse Provider an d /or Seller on a monthly basis, provid ed that the Contract utilizes a cost reimbursemen t method of payment. Any expense inc luded on an invoice relating to a reimb u rsement request that pertains to a c h eck dated g reater than two months prior to the invoice period will not b e approved . The Child ren’s Trust reserves th e rig h t to request any supporting documentation related to this Con trac t. If th ere are su bc ontractors to this Contract, an d the invoices are to be submitted u sin g SAMI S, then Form D: Attestation of Paymen t must be upload ed to The Children’s Trust’s electronic system Document Repository no later than th irty (30) days after payment to subcontractor. I f invoices are submitted using S AMIS, upon th e close of this Contract, Provider and/or Seller is required to complete Form E: Close-out Attestation of Payment, whic h must be u p loaded to The Children’s Tru st’s elec tronic system Document Repository no later than thirty (3 0 ) days after payment to subcontractor. Th ese forms may be downloaded from Th e Children ’s Tru st website. For the purpose of payment only, a subcontractor is d efined as an independent ag ency that has entered in to agreement with Provider and/or Seller to perform servic es p ertaining to The Children’s Trust funded programs identifi ed in th is Contract. A final req u est for payment (last mon thly in voic e of th e Contract term) from Provider an d /or Seller will be accepted by The Children’s Trust up to forty-five (45) days after th e exp iration of this Con trac t. I f Provider and/or Seller fails to comp ly, then all rights to payment shall be forfeited. If The Ch ildren’s Trust determines th at Provider or Seller has been p aid funds, which are not in ac cordanc e with th is Con trac t, an d to wh ich it is not en titled, th en Provider an d /or S eller sh all return suc h funds to Th e Children’s Trust or submit approp riate documentation to support the p aymen t within thirty (30) days of n otification by The Children ’s Trust. After thirty (30) d ays, The Children’s Trust may rec apture amounts due to Th e Child ren’s Trust, from this or an y Con trac t by red u cing amounts requ ested to be reimbursed less the amount owed to The Children ’s Trust. Th e Child ren’s Trust sh all have the sole discretion in determining if Provider and/or Seller is en titled to such funds in accordan ce with th is Contract. The Children ’s Tru st decision on this matter shall be b inding. In the even t that Provider or Seller, its independent CPA fi rm or The Child ren’s Trust discovers that an overpayment h as been mad e, Provider or S eller shall repay the overp ayment within thirty (30) calendar days of discovery of the event by the Provider or Seller or notifi c ation of overpayment by the Provider’s or S eller’s indepen d ent CPA fi rm or The Children’s Trust. Contract #2016-2760, Resolution,2019-61 | Page 36 of 65 If Provider or Seller fails to serve the contracted numb er of partic ipants and/or fails to utilize the funds in ac cordanc e with the Con trac t, The Children’s Trust may amen d the Contract to red u ce the amount funded . An y delay in amen d ment by The Children’s Tru st is n ot deemed a waiver of The Children’s Trust rig h t to amend or seek reimbursement for under-serving participants in acc ordance with the Contract. A request for payment will be deemed proper as defi ned by the Florida Prompt Payment Act, Chapter 218, Part VI I, Florida Statutes, if the request complies with the requirements set forth in th is Contract and is submitted on the forms prescribed by The Child ren’s Trust. Requests for paymen t and/or d ocumentation retu rned to Provider and/or S eller for corrections may be cau se for delay in the receipt of payment. Late su b mission may result in delay in the receip t of payment. Upon receip t of Provid er’s or S eller’s properly submitted Request for Payment (i.e., invoice) an d /or other required d ocumentation, The Children’s Trust sh all pay Provid er or S eller in acc ordance with the Florida Prompt Payment Act. Th e Child ren’s Trust may retain any payments due until all req u ired reports, deliverables, or monies owed to Th e Children’s Trust are submitted and accepted by The Children’s Trust. Indirect Adm inistrative Costs  In no event sh all Th e Children’s Trust fu n d indirect administrative costs in excess of ten (10%) perc en t of the total Contract amount.  This includes operational costs that support the p erformance of p rogrammatic functions but are not directly incurred as a result of the program (i.e. insuranc e costs). Match Req u irem en t  Programs requiring a matc h , if provid ed in the resp ective solicitation , wh ich is defi n ed as cash or in-kind contrib u tions including n on-federal cash dollars, d onated items, and/ or services that are part of the overall cost of operating the program, should b e reason able, necessary, and/or required for the program.  Matchin g funds must b e another funding source other than Th e Children’s Trust. Th e Children ’s Trust reserves the right to ask for substan tive documentation to support th e match at an y time an d such documentation must be presented to Provider and/or Seller’s indepen d ent auditors as part of th eir an n u al fi nanc ial statement audit.   Direct Dep osit of Payment  As a requirement of this Contract with The Children ’s Tru st, Provid er or S eller agree th at p rior to, on the date commencing the effective term of this Contrac t, or wh en direc t deposit functionality is made available, Provider or Seller will en roll in The Children’s Trust direc t dep osit program.  Th e direc t deposit program requires that all reimb u rsements received from The Children’s Trust are directly deposited into the Provider’s or Seller’s designated ban k ac c ount h eld in a United States fi nan cial institution. Cost Reimbursem en t Method of Paym ent   Th e parties agree that th is is a cost reimbursement method of payment Contract. Provid er and/or Seller shall be paid in accordanc e with the ap p roved budget and/or ap p roved budget amen d ments/revision s as set forth in this attachment, as well as based on the actual c osts incurred. Provider or Seller will b e paid in accordan ce with the approved budget, typically after expenses are incurred. Provider and/or Seller also agrees to pay their subcontrac tors, vendors and employees for the fulfi llment 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 op erating budget. Adequate working capital is considered a best prac tice and is necessary when manag ing a c ost reimbursement contract. Provid er and/or Seller are expected to possess the funds necessary to c over initial program exp enses, and then request reimbursement from The Trust.   Deliverable-Based Method of Paymen t   Th e parties agree that this is a deliverab le based Contract, and Provider or S eller will b e paid based on acceptance by The Children’s Trust of deliverables as outlined in Attachment A and/or the flat p roject fee or fee per deliverab le as stated in Attac hment B. Provider or Seller will submit required reports and/or d eliverab les in ac c ordance with th e deliverable schedule set forth in Attac h ment A or in Attachmen t B if not inc luded in Attac hment A. If Provider or Seller fails to submit ap p roved deliverab les in accordanc e with the Contrac t, Th e Children ’s Trust may amen d the Contrac t to reduce the amount of dollars rep resen tin g the deliverables not provided. Any delay in amendment by The Children ’s Trust is not deemed a waiver of The Child ren’s Trust’s right to amend or seek reimb u rsement for deliverables not provided in accordanc e with the Con trac t.   Tim ely Paym en t by Provider or Seller Provider or Seller also agree to timely pay subcontractors, ven d ors, and emp loyees for the fulfillment of servic es provided in this Contract. Every request by Provider or Seller for p ayment for servic es provid ed, work p erformed, or costs incurred pursuant to this Contract, except for any advanc ed payments by The Trust, shall be accomp anied by a Request for Paymen t from Th e 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 agenc y that has entered in to agreement with Provider an d /or Contract #2016-2760, Resolution,2019-61 | Page 37 of 65 Seller to perform services pertaining to The Child ren’s Trust funded programs identifi ed in this Contract. Advance p ayment requ ests  Th e Children’s Trust offers ad vance paymen ts up to 15% of the total Contract valu e. The Ch ildren’s Trust will only approve ad vance requ ests that are equivalent to the total amount of the first two (2) month s programmatic expenditures and up to 15% of the total Contract value. Determin ations of programmatic exp enditures will b e supported b y the immediate prior year’s performan c e or a detailed listin g of estimated expen d itu res.  Ad vance requests shall b e limited to governmental en tities and not-for-p rofit c orporations, in accordance with sec tion 216.181(16)(b), Florida Statutes. Advance requests must inclu d e the amou n t requested and a justification for the request. Advance requ ests mu st be submitted using the designated form and must be approved in writin g by The Children ’s Trust’s Contract Manager and Chief Fin an cial Officer or their designee. Advance paymen ts are made at and within the sole discretion of Th e Children’s Trust.   Advance repaym ent  Upon rec eipt of an advanc e, repayment must be credited to proceeding reimbursement requests within sixty (60) c alendar days. Provider or Seller shall report the amount of the ad vance repayment in The Trust elec tronic system using the “advances/adjustments” button on the reimbursement screen. If a Provider or Seller does not use the spec ified Tru st elec tronic system, th e Provid er or S eller is required to ded u ct its advance repayment from each invoice, c on secutively, until the advance is rep aid in full.   List of Ap proved Certified Public Accou ntan ts or Certified Public Accou nting Firm s  To receive reimbursement for th e preparation of the program specifi c au d it, as d efi n ed, Provider and/or Seller must choose from a list of approved in d ependent Certifi ed Public Accounting (CPA) fi rms, which are posted on The Ch ildren’s Trust website. Inclusion in this pre-approved vendor pool requires that a CPA fi rm meet the following three criteria: (a) partic ipation in eith er the Americ an Institu te of Certifi ed Public Ac c ountants (AI CPA) or the Florida Institute of Certified Pu b lic Accountan ts (FICPA) peer review program as eviden c ed by su b mitting a triennial System Review Report with a passing sc ore to The Children’s Trust; (b) providing d ocumen tation that a CPA fi rm, or on e of its associates, h as ad equate experien c e in governmental accounting and/or nonprofi t accounting with the ap p lication of Government Auditing Standards; an d (c) comp letion of an an n u al CPA training session sp onsored by The Children’s Trust fi nanc e department. Alternatively, Provider or S eller may also rec eive reimbursement if Provider or Seller is su b jec t to audit by a fed eral, state or local Office of I nsp ector General and such Office of I nsp ector General conduc ts an audit and charges Provider or S eller for said audit services. Supporting Docum entation Requirem ents Provider and/or Seller shall maintain origin al rec ords documen tin g actual expenditures and services provided according to the ap p roved budget and Sc ope of Services. Supporting doc umentation shall be mad e available and provided to The Children’s Trust upon request. Provider and/or Seller shall keep accurate and c omplete rec ords of any fees collected, reimbursement or compensation of an y kind received from any c lient or other th ird party, for any service covered by this Con trac t, and shall make all such record s available to The Children’s Trust upon request.  Provider and/or Seller shall maintain a c ost allocation methodology that is used to allocate its costs to ensu re 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 b e made available to Th e Children’s Trust upon request.       -THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK- Contract #2016-2760, Resolution,2019-61 | Page 38 of 65 City of Hialeah - YEN XX16-2760 City of Hialeah Fiscal Year 19-20 (8/01/19 - 7/31/20) Contract #: 2016-2760 Budget Summary Report CSC Program Allocation: $375,000 Budget Status: Approved Salary Accounts Account #Title Original Program Budget Original CSC Budget Amended CSC Budget 511 Regular Salaries and Wages 205,908.00 205,908.00 205,908.00 521 FICA/MICA 15,751.00 15,751.00 15,751.00 522 Retirement Contributions 8,276.00 8,276.00 8,276.00 523 Life and Health Insurance 15,073.00 15,073.00 15,073.00 524 Workers Compensation 0.00 0.00 0.00 525 Unemployment Compensation 0.00 0.00 0.00 Salary Totals: 245,008.00 245,008.00 245,008.00 Expense Accounts Account #Title Original Program Budget Original CSC Budget Amended CSC Budget 531 Travel (other than participants) 0.00 0.00 0.00 532 Travel (participants) 200,366.00 90,600.00 90,600.00 533 Meals (participants) 11,991.00 0.00 0.00 534 Space 83,904.00 0.00 0.00 535 Utilities 14,264.00 0.00 0.00 536 Supplies (office) 1,600.00 1,600.00 1,600.00 537 Supplies (program) 2,300.00 2,300.00 2,300.00 540 Non-Capital Equipment 0.00 0.00 0.00 550 Capital Equipment 0.00 0.00 0.00 591 Indirect Cost 25,961.00 25,961.00 25,961.00 611 Subcontractor 0.00 0.00 0.00 711 Professional Services (instructors) 0.00 0.00 0.00 721 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) 0.00 0.00 0.00 811 Other (advertising) 1,000.00 0.00 0.00 821 Other (background screening) 281.00 281.00 281.00 831 Other (admission to field trips) 5,250.00 5,250.00 5,250.00 891 Other (other) 0.00 0.00 0.00 529 Fringe Benefits (other) 0.00 0.00 0.00 841 Program Specific Audit 4,000.00 4,000.00 4,000.00 751 Professional Services (Evaluation) 0.00 0.00 0.00 Contract #2016-2760, Resolution,2019-61 | Page 39 of 65 Expense Accounts Account #Title Original Program Budget Original CSC Budget Amended CSC 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) 0.00 0.00 0.00 854 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: 350,917.00 129,992.00 129,992.00 Salary and Expense Totals: Program Funders Summary Funders Funder Type Funder Total Comment Cash Agency Cash Revenue (Summary) 99,168.00 City of Hialeah - ECS Budget In-Kind Contributions Commmunity Action Agency (Summary) 119,991.00 Flipany, The Village Youth, MDCPS Other Other (Summary) 1,766.00 City of Hialeah – CDBG Budget Summary Funder Totals: 220,925.00 595,925.00 375,000.00 375,000.00 Contract #2016-2760, Resolution,2019-61 | Page 40 of 65 Original Budget and Approved/Unapproved Amendments Contract #: 2016-2760 Fiscal Year 19-20 (8/01/19 - 7/31/20) City of Hialeah - YEN XX16-2760 City of Hialeah Comprehensive Budget/Amendment Report Salary Data Position Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Counselors (37196) Staff:Collada, Brandon (42999); Garcia, Carlos (41465); Herrera, Stephanie (46202); Maure, Adrianne (47551) Gross: 37,128.00 37,128.00 37,128.00 37,128.00 37,128.00 37,128.00 2,840.00 2,840.00 2,840.00 2,840.00 2,840.00 2,840.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CSC: Program: Hrs/Week Amt Hrs/Week Amt Amt Program Allocation CSC Allocation Match Allocation Original Distribution Time Period Rate Wks Funded# Of People School Year 11.53 36.00 0.00 0.00 15.00 24,905.00 4.00 Summer 11.53 7.00 0.00 0.00 24.00 7,748.00 4.00 Summer 11.26 7.00 0.00 0.00 24.00 3,783.00 2.00 Training 11.53 1.00 0.00 0.00 15.00 692.00 4.00 School Year 11.53 36.00 15.00 24,905.00 0.00 0.00 4.00 Summer 11.53 7.00 24.00 7,748.00 0.00 0.00 4.00 Summer 11.26 7.00 24.00 3,783.00 0.00 0.00 2.00 Training 11.53 1.00 15.00 692.00 0.00 0.00 4.00 Percentage of Distribution to Gross Salary Total Distribution to Program Salary 37,128.00 37,128.00 0 0% 100% 100% 100% 100% 0% Contract #2016-2760, Resolution,2019-61 | Page 41 of 65 Original Budget Narratives: 4 school year and summer staff and 2 summer only staff at 100% allocation. School Year: 4 staff x $11.53 per hour x 15 hours per week x 36 weeks = 24,905 Summer: 4 staff x $11.53 per hour x 24 hours per week x 7 weeks = 7,748 2 summer only staff x $11.26 per hour x 24 hours per week x 7 weeks = 3,783 Training: 4 staff x 11.53 per hour x 15 hours = 692 Hourly rate range: $11.26 - $11.80 Payment made on a biweekly basis Source of Match: N/A Budget Amendment Narratives: Approved Date:- Position Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Fringe Benefits (30794) Staff: Gross: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,518.00 8,276.00 8,276.00 9,518.00 8,276.00 8,276.00 17,226.00 17,226.00 15,073.00 15,073.00 15,073.00 15,073.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CSC: Program: Original Budget Narratives: Retirement: 7% of full time salaries Health Insurance: $330 per pay period x 26.1 pay periods Cynthia Benitez: $330 x 26.1 x 75% allocation = 6,460 Kevin Devine: $330 x 26.1 = 8,613 Budget Amendment Narratives: Approved Date:- Position Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Program Director (31502) Staff:Benitez, Cynthia (37807) Gross: 70,979.00 70,979.00 53,244.00 53,244.00 53,244.00 53,244.00 5,430.00 4,073.00 4,073.00 5,430.00 4,073.00 4,073.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CSC: Program: Contract #2016-2760, Resolution,2019-61 | Page 42 of 65 Hrs/Week Amt Hrs/Week Amt Amt Program Allocation CSC Allocation Match Allocation Original Distribution Time Period Rate Wks Funded# Of People School Year 36.40 42.00 0.00 0.00 28.13 43,005.00 1.00 Summer 36.40 10.00 0.00 0.00 28.13 10,239.00 1.00 School Year 36.40 42.00 28.13 43,005.00 0.00 0.00 1.00 Summer 36.40 10.00 28.13 10,239.00 0.00 0.00 1.00 Percentage of Distribution to Gross Salary Total Distribution to Program Salary 53,244.00 53,244.00 0 0% 100% 75% 75% 75% 0% Original Budget Narratives: Salary is 75% allocated to program. Average hourly rate is $36.40 Hours per week = 37.5 x 75% = 28.13 School year $36.40/hr x 28.13 hours per week x 42 weeks = 43,005 Summer: $36.40/hr x 28.13 hours per week x 10 weeks = 10,239 Source of Match: N/A Budget Amendment Narratives: Approved Date:- Position Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Program Manager (37174) Staff:Devine, Kevin (42997) Gross: 64,994.00 64,994.00 64,994.00 64,994.00 64,994.00 64,994.00 4,972.00 4,972.00 4,972.00 4,972.00 4,972.00 4,972.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CSC: Program: Contract #2016-2760, Resolution,2019-61 | Page 43 of 65 Hrs/Week Amt Hrs/Week Amt Amt Program Allocation CSC Allocation Match Allocation Original Distribution Time Period Rate Wks Funded# Of People School Year 33.33 42.00 37.50 52,495.00 0.00 0.00 1.00 Summer 33.33 10.00 37.50 12,499.00 0.00 0.00 1.00 School Year 33.33 42.00 0.00 0.00 37.50 52,495.00 1.00 Summer 33.33 10.00 0.00 0.00 37.50 12,499.00 1.00 Percentage of Distribution to Gross Salary Total Distribution to Program Salary 64,994.00 64,994.00 0 0% 100% 100% 100% 100% 0% Original Budget Narratives: Salary is 100% allocated to program. Average hourly rate is $33.33 School year $33.33/hr x 37.5 hours per week x 42 weeks = 52,495 Summer: $33.33/hr x 37.5 hours per week x 10 weeks = 12,499 Source of Match: N/A Budget Amendment Narratives: Approved Date:- Position Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Recreation Leader (37444) Staff:Fuentes, Jocelyn (47552) Gross: 7,778.00 7,778.00 7,778.00 7,778.00 7,778.00 7,778.00 595.00 595.00 595.00 595.00 595.00 595.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CSC: Program: Contract #2016-2760, Resolution,2019-61 | Page 44 of 65 Hrs/Week Amt Hrs/Week Amt Amt Program Allocation CSC Allocation Match Allocation Original Distribution Time Period Rate Wks Funded# Of People School Year 8.73 36.00 15.00 4,714.00 0.00 0.00 1.00 Summer 8.73 7.00 24.00 2,933.00 0.00 0.00 2.00 Training 8.73 1.00 15.00 131.00 0.00 0.00 1.00 School Year 8.73 36.00 0.00 0.00 15.00 4,714.00 1.00 Summer 8.73 7.00 0.00 0.00 24.00 2,933.00 2.00 Training 8.73 1.00 0.00 0.00 15.00 131.00 1.00 Percentage of Distribution to Gross Salary Total Distribution to Program Salary 7,778.00 7,778.00 0 0% 100% 100% 100% 100% 0% Original Budget Narratives: 1 staff for school year and 2 for summer at 100% allocation. School year: 1 staff x $8.73 per hour x 15 hours per week x 36 weeks = 4,714 Summer: 2 staff x $8.73 per hour x 24 hours per week x 7 weeks = 2,933 Training: $8.73 per hour x 15 hours = 131 Hourly rate range: $8.46 - $10.18 Payment made on a biweekly basis Source of Match: n/a Budget Amendment Narratives: Approved Date:- Position Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Special Education Teachers - Pooled Position (30789) Staff:Edwards- Dixon, Sherri (43001); Lozana, Frank (43000); Mooney, Sean (37811) Gross: 32,631.00 32,631.00 32,631.00 32,631.00 32,631.00 32,631.00 2,496.00 2,496.00 2,496.00 2,496.00 2,496.00 2,496.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CSC: Program: Contract #2016-2760, Resolution,2019-61 | Page 45 of 65 Hrs/Week Amt Hrs/Week Amt Amt Program Allocation CSC Allocation Match Allocation Original Distribution Time Period Rate Wks Funded# Of People School Year 29.24 36.00 0.00 0.00 8.00 25,263.00 3.00 Summer 29.24 7.00 0.00 0.00 12.00 7,368.00 3.00 School Year 29.24 36.00 8.00 25,263.00 0.00 0.00 3.00 Summer 29.24 7.00 12.00 7,368.00 0.00 0.00 3.00 Percentage of Distribution to Gross Salary Total Distribution to Program Salary 32,631.00 32,631.00 0 0% 100% 100% 100% 100% 0% Original Budget Narratives: 3 staff at 100% allocation. School year: 3 staff x 29.24 per hour x 8 hours per week x 36 weeks = 25,263 Summer: 3 staff x 29.24 per hour x 12 hours per week x 7 weeks = 7,368 Hourly rate range: $29 - $29.24 Payment made on a biweekly basis Budget Amendment Narratives: Approved Date:- Position Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Special Program Instructor (31504) Staff:Ajate, Aniuska (37808) Gross: 10,133.00 10,133.00 10,133.00 10,133.00 10,133.00 10,133.00 775.00 775.00 775.00 775.00 775.00 775.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00CSC: Program: Contract #2016-2760, Resolution,2019-61 | Page 46 of 65 Hrs/Week Amt Hrs/Week Amt Amt Program Allocation CSC Allocation Match Allocation Original Distribution Time Period Rate Wks Funded# Of People School Year 27.24 36.00 8.00 7,845.00 0.00 0.00 1.00 Summer 27.24 7.00 12.00 2,288.00 0.00 0.00 1.00 School Year 27.24 36.00 0.00 0.00 8.00 7,845.00 1.00 Summer 27.24 7.00 0.00 0.00 12.00 2,288.00 1.00 Percentage of Distribution to Gross Salary Total Distribution to Program Salary 10,133.00 10,133.00 0 0% 100% 100% 100% 100% 0% Original Budget Narratives: 1 staff 100% allocated to TCT budget. School year: 1 staff x 27.24 per hour x 7.6 hours per week x 36 weeks = 7,845 Summer: 1 staff x 27.24 per hour x 11.4 hours per week x 7 weeks = 2,288 Hourly rate range: $26.70 - $27.24 Payment made on a biweekly basis. Budget Amendment Narratives: Approved Date:- Salary Totals Orig Salary Amend Salary Orig FICA Amend FICA Orig Retire Amend Retire Orig Insur Amend Insur Orig WC Amend WC Orig Unemp Amend Unemp Gross: Program: CSC: Percentage of Program Distribution to Gross Salary: Percentage of CSC Distribution to Gross Salary: 223,643.00 223,643.00 205,908.00 205,908.00 205,908.00 205,908.00 17,108.00 17,108.00 15,751.00 15,751.00 15,751.00 15,751.00 9,518.00 9,518.00 8,276.00 8,276.00 8,276.00 8,276.00 17,226.00 17,226.00 15,073.00 15,073.00 15,073.00 15,073.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 92% 92% Expense Data Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 532 Travel (participants) 90,600.00 90,600.00 200,366.00 200,366.00 Contract #2016-2760, Resolution,2019-61 | Page 47 of 65 Original Budget Calculation: (110*180)+(150*180)+(150*180)+(300*28)+(300*28)+(150*4*180)+(252.25*7) Original Budget Narratives: Transportation for participants is calculated as follow: School year: Route 1: (High school - program) $110 x 180 days = $19,800 Route 2: (program - home) $150 x 180 days = $27,000 Route 3: (program - home) $150 x 180 days = $27,000 Total school year: 73,800 Summer: Route 1 (round trip): $300 x 28 days*= $8,400 Route 2 (round trip): $300 x 28 days*= $8,400 Total summer: 16,800 * Summer program will run Monday through Thursday from 06/8/2020 - 07/23/2019 totaling 28 service days. School year daily transportation from 4 schools to program site: $150 per bus x 4 schools x 180 days = $108,000 match from MDCPS transportation Source of Match: MDCPS transportation. Field trips: estimated expense in field trip transportation is $252.25 x 7 fieldtrips = $1,765.75 Match amount: $1,765.75 Match source: City of Hialeah – CDBG Budget Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 533 Meals (participants) 0.00 0.00 11,991.00 11,991.00 Original Budget Calculation: (0.88*40*180)+(3.77*50*30) Original Budget Narratives: School year: the value of daily snacks is $0.88 each for 40 participants $0.88 x 40 x 180 days = $6,336 Source of Match: Flipany Summer: The average value of daily breakfast and snack is $3.77 each for 50 participants $3.77 x 50 x 30 days = $5,655 Source of Match: The Village Youth Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget Contract #2016-2760, Resolution,2019-61 | Page 48 of 65 534 Space 0.00 0.00 83,904.00 83,904.00 Original Budget Calculation: (6992*12*0.8)+(6992*12*0.2) Original Budget Narratives: Total square ft in use 6,992 x $12 per square foot. School year = 6,992 x $12 x 80% = 67,123 Summer: 6,992 x $12 x 20% = 16,781 Source of Match: City of Hialeah Education and Community Services budget. 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 14,264.00 14,264.00 Original Budget Calculation: (0.17*6992*12*0.8)+(6992*0.17*12*0.2) Original Budget Narratives: School year: Average cost per sq ft per month is $0.17 x 6,992 x 12 months x 80% = 11,411 Summer: Average cost per sq ft per month is $0.17 x 6,992 x 12 months x 20% = 2,853 Source of Match: City of Hialeah Education and Community Services budget Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 536 Supplies (office) 1,600.00 1,600.00 1,600.00 1,600.00 Original Budget Calculation: (15*40)+(20*50) Original Budget Narratives: Office supplies are estimated at $15 per participant. Include but not limited to papers, pens, folders, and printer cartridges. School year: $15 per participant x 40 participants = $600 Summer: $20 per participant x 50 participants = $1000 Contract #2016-2760, Resolution,2019-61 | Page 49 of 65 Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 537 Supplies (program) 2,300.00 2,300.00 2,300.00 2,300.00 Original Budget Calculation: (20*40)+(30*50) Original Budget Narratives: Program supplies are estimated at $20 per participant. Include but not limited to replacement supplies, first aid, arts and crafts, books, curricula, and educational resources. School year: $20 per participant x 40 participants = $800 Summer: $30 per participant x 50 participants = $1500 Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 591 Indirect Cost 25,961.00 25,961.00 25,961.00 25,961.00 Original Budget Calculation: 25961 Original Budget Narratives: Indirect costs $25,961 or 6.9% of award. Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 811 Other (advertising) 0.00 0.00 1,000.00 1,000.00 Original Budget Calculation: 500+500 Original Budget Narratives: School year: $500 for the printing of flyers, banners and other publicity materials. Summer: $500 for the printing of flyers, banners and other publicity materials. Source of Match: City of Hialeah Education and Community Services Budget Contract #2016-2760, Resolution,2019-61 | Page 50 of 65 Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 821 Other (background screening) 281.00 281.00 281.00 281.00 Original Budget Calculation: (46.75*4)+(46.75*2) Original Budget Narratives: School year: Level II background screening at $46.75 per background check x 4 staff = $187 Summer: Level II background screening at $46.75 per background check x 2 staff = $$93.50 Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 831 Other (admission to field trips) 5,250.00 5,250.00 5,250.00 5,250.00 Original Budget Calculation: (7*15*50) Original Budget Narratives: Summer fieldtrips calculated at 7 fieldtrips x $15 average cost per trip x 50 participants = $5,250 Budget Amendment Narratives: Approved Date:- Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 841 Program Specific Audit 4,000.00 4,000.00 4,000.00 4,000.00 Original Budget Calculation: 4000 Original Budget Narratives: $4,000 to cover the cost of Program Specific audit by approved Certified Public Accounting firm as required by The Children's Trust. Budget Amendment Narratives: Approved Date:- Contract #2016-2760, Resolution,2019-61 | Page 51 of 65 Account #Account Name Orig CSC Budget Amend CSC Budget Orig Prog Budget Amend Prog Budget 852 Other (Special Events) 0.00 0.00 0.00 0.00 Original Budget Calculation: Original Budget Narratives: Budget Amendment Narratives: Approved Date:- Expense Totals Amend Prog BudgetOrig Prog BudgetAmend CSC BudgetOrig CSC Budget 129,992.00 129,992.00 350,917.00 350,917.00 Salary, Expense, and Subcontractor Totals Amend Prog BudgetOrig Prog BudgetAmend CSC BudgetOrig CSC Budget 375,000.00 375,000.00 595,925.00 595,925.00 Contract #2016-2760, Resolution,2019-61 | Page 52 of 65 Grand To tal:   $0.00  $0.00 $0.00   Contract #2016-2760, Resolution,2019-61 | Page 53 of 65 ATTACHMENT C: Data Req u irem en ts and Prog ram Metrics   Th e Children’s Trust req u ires c ollecting ongoin g measures on the quantity, q u ality and impact of servic e efforts. Th e purpose of data collection, reporting an d analysis is to promote continuou s improvement in program quality and participant outcome achievement. Contract-specific reportin g req u irements are identifi ed in Attachment A – Scope of Services. Th e Program Metrics tool can be found on the Child ren’s Trust website and it details the compon ents that are regularly reviewed by Tru st staff or approved c on trac tors. These comp onents—as well as the way they are rated—are specific to the initiative and can be revised throu g h out the funding cyc le. Suc cessful programs regularly monitor the quality of th eir own implementation at th e site level, offer staff train ing and c oachin g on program compon ents, and in corporate feed b ack from participants and staff. Data requirements: As applicable, p rovider is expected to collec t and enter demographic , attendan ce, screening, an d assessment data in a timely manner, while incorporating practices that en sure data quality and in tegrity. Data must be collected using th e ap p ropriate tools (e.g., required demog raphic fi elds can b e found in the Child an d Ad u lt Information Forms found on Th e Children’s Trust website) and entered in a timely manner into the Trust’ approved data system. All d ata entered must be reviewed and validated by the provider no later than the 15th of month followin g the month in which services were delivered . As applicable, p rovider may also be exp ected to comp lete a Prog ram Narrative Report (see initiative specific requirements— including timing—in the Initiative Specific Reporting Requirem ents on The Child ren’s Trust website) that captures a brief account of the prog ram’s successes, c hallenges, and supports needed. With each su b mission, the provider attests, based on his/her best knowledge, information and belief, that all data submitted in c on junction with th e reports are accurate, tru thful and complete. The trust and ap p roved partners shall use an d analyze this data for evaluation and strategic p lanning purposes. Program Metrics: Compliance I tems: Provider shall fulfi ll all applic ab le comp liance items spec ified in the safety, ad ministrative and fisc al comp liance compon ent in the Program Metrics tool, as well as in the Req u ired Docum en tation Ch ecklist posted on The Children’s Trust website. Quarterly or Yearly Growth Plan: I n partnership with the Contract Manager, the provid er will develop and implement Growth Plans up to four times p er contract year. A Growth Plan n ing Guidance Docu ment with additional information can be found on The Children’s Trust website. Additional Program Continuous Quality I mprovement Requirements: Provider must en sure appropriate staff and subcontractors atten d various Trust-sponsored or fac ilitated trainings. Trainin g req u irem en ts by initiative are detailed on The Ch ildren’s Trust website. At a minimum, staff will be required to attend the following annually: Contract management trainings The Children’s Trust provider meetings SAMI S training for budgets, amen d ments, invoic es, SAMIS p rogrammatic and reports train ings Content-specific trainin g s related to p rogram q u ality and p erformance measures (e.g., Injury Free, ACT, Project RISE, evid ence-based programs, and measurement tools). Contract #2016-2760, Resolution,2019-61 | Page 54 of 65 Attachme nt D Pro gram-Specific Audit Require me nts Th e Program-Spec ific Audit must encompass an audit of The Children’s Trust Contracts in ac cordanc e with Section O: Record s, Reports, Au d its and Mon itoring of this Contract. The c ompreh ensive nature of auditing performed in accordanc e with the standards set forth b elow plac es on the independent certifi ed public acc ou n tin g firm (CPA) the responsibility for ensuring that (1) the audit is conduc ted by personnel who h ave the necessary skills; (2) independence is maintained; (3) applicable standards are followed in planning and conduc tin g audits and reportin g the results; (4) the organization has an appropriate in ternal quality control system in p lac e; and (5 ) the organization undergoes an external quality control review. Prog ram-Specific Audits mu st be condu cted in comp lian ce with AU-C 935 an d are required to inclu de perform ing tests of con trols over com pliance. An auditor’s risk assessmen t must include an expectation of the op erating effectiveness of controls over c omplianc e, and in doing so, the assessed control risk mu st be assessed at low during the planning stage. If the auditor determines a lac k of c ontrols and identifi es risk of material n oncompliance that demonstrates intern al controls do not exist or are not effec tive regarding the compliance requirement, a respon se to such risks should be d eveloped, and a finding (significant defi c iency or material weakness) should be reported. Th e auditor’s test work and sample size of eac h compliance requirement should b e th e result of the assessed level of inherent risk an d control risk as it relates to eac h compliance requirement as stated in The Children’s Trust Contrac ts. Th e Program-Spec ific Audit requires the following componen ts (a samp le format may b e found on The Children’s Trust website): 1. Independent Auditor’s Report on the Schedule of E xpenditures of The Children’s Trust Contracts 2. Schedule of Expenditures of Th e Children’s Trust Contracts 3. Notes to Sc h edule 4. Independent Auditor’s Report on Comp liance for eac h of The Children’s Trust Contracts and Report on I nternal Control over Complian ce 5. Schedule of Findings and Qu estioned Costs At a minimum, the auditor must include the following tests in its audit program to ensure that the c omplian ce requirements set forth in The Children ’s Tru st compliance supplement are met. They are: Th e Ch ild ren ’s Trust Compliance Supplemen t to the Program -Sp ecific Au dit:   Co mplianc e Requirement Program-Spec ific A udit Implication Example Contract #2016-2760, Resolution,2019-61 | Page 55 of 65 a) Inter nal Controls 1) A n auditor ’s risk assessment must include an expectation of the oper ating eff ectiv eness of controls ov er compliance, and in doing so, the assessed control risk must be assessed at low during the planning stage. If the auditor deter mines a lack of controls and identifies risk of mater ial noncompliance that demonstrates internal controls do not exist or are not effective regar ding the compliance requir ement, a response to such risks should be developed, and a finding (significant deficiency or mater ial weakness) should be repor ted. The auditor ’s test work and sample size of each compliance requir ement should be the r esult of the assessed level of inher ent risk and control r isk as it relates to each compliance r equirement as stated in The Childr en’s Trust Contr acts A) Controls tested dur ing the financial statement audit may not consider compliance as it r elates to The Children’s Trust’s Contr act. Over all contr ol risk must consider each compliance requirement tested during the Pr ogr am-Specific A udit. Separate r isk assessment pr ocedur es and mater iality should be performed and generated for a Progr am-Specific Audit. b) B udget v s. A ctual Expenditures 1) The appr ov ed budget is to include the original appr ov ed Contr act as well as any appr ov ed budget amendments/rev isions. A) Test work should include a schedule identify ing each Contr act and its or iginal/ amended budget, monthly billings, Contract utilization and any analytical expectations that may identify any ov erbillings. i. The cur rent Childr en’s Trust electr onic system does not allow pr ov iders to ov erbill any budgeted line item or Contract allocation, howev er, if Contract utilization is gr eater or less than expected, this could indicate that a budgeted salary rate is not the employ ee’s actual r ate. Prov ider must compensate employ ees at the rate stated on the budget. A ny differ ence in r ate would warr ant a finding in the Pr ogram-Specific A udit Repor t.   Contract #2016-2760, Resolution,2019-61 | Page 56 of 65 c) A llowable/Unallowable A ctivities and Costs Co mmon unallo wable c o sts: 1. Salary rates, pay roll methods and hour s billed that do not match original or amended budgets. 2. Fr inge benefits billed to The Childr en's Trust for employees not included in Contr act budget and ar e unrelated to the progr am. 3. Professional ser v ices billed within regular salaries and wages. 4. Capital purchases disguised as r epairs. 5. Sales taxes and tips. 6. Fuel. 7. Food and bever age costs for par ties, celebrations, end-of- progr am events, and conferences or conventions, unless while attending an out- of-town confer ence or convention. 8. Monetary gift car ds as incentives. A detailed listing of all costs and activities consider ed allowed and unallowed can be v iewed in the B udget G uidelines for m on The Childr en’s Tr ust website. 1) R equires that the nature of ser v ices and ty pe of costs paid are in agr eement with the contractual budget and/or budget amendment/r evision’s Scope of Ser v ices and budget guidelines. A ND/OR Requires that activities performed or costs paid with The Childr en’s Tr ust funds are listed in the contr actual budget narr ative or a contr actual budget amendment/revision narr ative. 2) A ny cost or service billed that is not approved in the Contr act’s budget is a finding and reported as a questioned cost on the P rogr am-Specific Audit Repor t. 3) If any cost or ser v ice is billed in more than one Contract, and the billings are in excess of the total disbur sement or appr oved allocation, the ex pense has been o verbilled or double billed and should be considered a finding. 4) The Childr en’s Tr ust funds must supplement a progr am; s upplanting o f funds is unallo wable. A prov ider may not use Contract funds to defray any costs that the r ecipient alr eady is obligated to pay. (See example F.) A) If P rov ider asks to be r eimbur sed for six (6) field trips to teach childr en social skills, only field trips enumer ated in either the contractual budget narr ative or the contractual Scope of Service will be reimbursed. B) If the contractual budget, lists a pr ogram coordinator position at $25.00/hour , the prov ider must pay the pr ogr am coor dinator and char ge The Childr en’s Trust $25.00/hour. The pr ov ider cannot substitute funding identified for the program coordinator to any other position. C) If the contractual budget, lists a pr ogram coordinator’s position, with dedicated time charged to The Children’s Trust progr am of 25%, the pr ov ider must keep records of an employ ee’s time to substantiate that 25% of time was in fact ear ned and charged to The Childr en’s Trust pr ogram. D) If thr ee Contr acts list a pr ogr am coordinator’s total budgeted salary as $100,000.00 and each Contr act will r eimbur se $35,000.00 (35%), then a possible over billing of $5,000 may hav e occurr ed ($35,000.00*3=$105,000.00 or 35%*3=105% Childr en’s Trust salary allocation). E) If an inv oice is submitted to The Children’s Trust that includes food charges for end-of-y ear par ties and celebr ations, those costs ar e NOT allowable per The Childr en’s Trust budget guidelines and cannot be paid by The Childr en’s Tr ust. F) If a provider , prior to applying to par ticipate in the contracted progr am, committed to pur chase 10 new computers for another progr am, the pr ov ider must purchase those 10 computers in addition to any other computers r equested for The Children’s Trust progr am. d) Cash Management 1) With the ex ception of the last month of the Contract period, monthly invoices must r epresent costs actually paid dur ing the Contr act per iod (cash basis), rather than costs incur red or accr ued. A) If payr oll is paid on 3/31, it should be disclosed in Mar ch’s r eimbur sement. B) If payr oll is paid on 4/1, but r epresents time charged in Mar ch, it should be disclosed in Apr il’s r eimbur sement. Contract #2016-2760, Resolution,2019-61 | Page 57 of 65 e) Per iod of Availability 1) R equires pr ov ider to char ge The Childr en’s Tr ust gr ant with only allowable costs resulting fr om obligations incurr ed during the funding per iod. A) If the activ e Contract period extends from 8/1 thr ough 7/31, and pr ovider expends $250.00 for office supplies on 9/30 during said Contract period, that expenditur e must support pr ogram ser vices performed during the Contract ter m. B) The following items warr ant the most attention at the beginning and end of Contract periods: i. Payr oll from ex pir ed Contracts is not allowed to be billed in the fir st month of the renewed Contr act if it was paid during the inv oiced month but was incur red in prior Contract. Repor ting requir ements for final invoice allow this pay roll to be expensed and r eimbur sed in prior Contr act. Only the por tion of pay roll incur r ed dur ing the Contract period may be billed. ii. Utilities iii. Insurances Contract #2016-2760, Resolution,2019-61 | Page 58 of 65 f) Special P rov isions 1) Eligibility r equir ements r elated to Contract ex pectations such as type of par ticipants served, number of par ticipants ser ved and backgr ound checks should NOT be tested as part of The Childr en’s Tr ust Pr ogram-Specific A udit. The Pr ogram-Specific A udit is meant to test the fiscal v iability of the pr ov ider. Ther efor e, cer tain Contr act prov isions that suppor t the fiscal v iability of the pr ov ider should be tested. Each of the following special provisions must be tested: A) Insur ance requir ements (further described in Section K : Insuranc e Requirements of this Contract) i. A uditor should determine if all applicable insurance policies were carr ied during the fiscal year. B) Pr oof of tax status (further described in Section L: Proof of Tax Status of this Contr act) ii. A uditor should v ouch that applicable documents ver ify ing that all incur r ed payr oll and unemploy ment tax es hav e been paid. C) Data secur ity obligation (further described in Section O: 12 of this  Contr act) i. A uditor should obtain and/or under stand the pr ovider’s data security policy. D) Subcontr actor agreements (if applicable) i. A uditor should obtain and under stand any agreements made with subcontracted par ties. Additionally, the auditor should obtain and under stand any pr ov ider monitoring procedures. E) Matching Funds i. In some cases, a r equir ed match is contr acted. This will be indicated in Sectio n C: Total Funding of this Contract. Ver ify the applied method the provider uses to satisfy match r equir ements. A lso, v erify that pr ov ider maintains documentation to back up match requir ements. Th e independent auditor’s report shall state that the audit was c on d u cted in accordance with: (1) auditing stan d ards gen erally acc ep ted in the Un ited States of America; (2) th e standards applicable to financial audits contained in Government Au d iting Standards, issued by the Comptroller General of the United States; and (3) the Program-Specifi c Audit Requirements listed in The Children’s Trust Contrac t. Contract #2016-2760, Resolution,2019-61 | Page 59 of 65 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 Co ntract, 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 Name) ___________, 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: Contract #2016-2760, Resolution,2019-61 | Page 60 of 65 ATTACHMENT E-2 CHILD CARE 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: Secti on 393.135 sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct Secti on 394.4593 sexual misconduct with certain mental health patients and reporting of such sexual misconduct Secti on 415.111 adult abuse, neglect, or exploitation of aged persons or disabled adults or failure to report of such abuse Secti on 741.28 criminal offenses that constitute domestic violence, whether commi tted in Flori da or another jurisdiction Secti on 777.04 attempts, solicitation, and conspiracy Secti on 782.04 murder Secti on 782.07 manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child Secti on 782.071 vehicular homicide Secti on 782.09 killing an unborn child by injury to the mother Chapter 784 assault, battery, and culpable negligence, if the offense was a felony Secti on 784.011 assault, if the victim of offense was a minor Secti on 784.03 battery, i f the victim of offense was a minor Secti on 787.01 kidnapping Secti on 787.02 false imprisonment Secti on 787.025 luring or enticing a child Secti on 787.04(2) taking, enti cing, 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 Secti on 790.115(1) exhibiting firearms or weapons within 1,000 feet of a school Secti on 790.115(2) (b) possessing an electric weapon or device, destructive device, or other weapon on school property Secti on 794.011 sexual battery Former Secti on 794.041 prohibited acts of persons in familial or custodial authority Secti on 794.05 unlawful sexual activity with certain minors Chapter 796 prostitution Secti on 798.02 lewd and lascivious behavior Chapter 800 lewdness and indecent exposure Secti on 806.01 arson Secti on 810.02 burglary Secti on 810.14 voyeurism, if the offense is a felony Secti on 810.145 video voyeurism, if the offense is a felony Chapter 812 theft and/or robbery and related crimes, if a felony offense Secti on 817.563 fraudulent sale of controlled substances, if the offense was a felony Secti on 825.102 abuse, aggravated abuse, or neglect of an elderly person or disabled adult Secti on 825.1025 lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult Secti on 825.103 exploitation of disabled adults or elderly persons, if the offense was a felony Secti on 826.04 incest Secti on 827.03 child abuse, aggravated child abuse, or neglect of a child Secti on 827.04 contributing to the delinquency or dependency of a child Former Secti on 827.05 negligent treatment of children Contract #2016-2760, Resolution,2019-61 | Page 61 of 65 Secti on 827.071 sexual performance by a child Secti on 843.01 resisting arrest with violence Section 843.025 depriving a law enforcement, correcti onal, or correctional probation officer means of protection or communicati on Secti on 843.12 aiding in an escape Secti on 843.13 aiding in the escape of juvenile inmates in correcti onal institution Chapter 847 obscene literature Secti on 874.05(1) encouraging or recruiti ng another to join a criminal gang Chapter 893 drug abuse preventi on and control only if the offense was a felony or if any other person involved in the offense was a minor Secti on 916.1075 sexual misconduct with certain forensic clients and reporting of such sexual conduct Secti on 944.35(3) inflicti ng cruel or inhuman treatment on an inmate resulting in great bodily harm Secti on 944.40 escape Secti on 944.46 harboring, concealing, or aiding an escaped prisoner Secti on 944.47 introduction of contraband into a correcti onal facility Secti on 985.701 sexual misconduct in juvenile justice programs Secti on 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 Contract #2016-2760, Resolution,2019-61 | Page 62 of 65 ATTACHMENT E-3 Child Abuse & Neglect Reporting Requirements 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 http://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 www.myflorida.com/childcare 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 home) Signature of Operator Contract #2016-2760, Resolution,2019-61 | Page 63 of 65 ATTACHMENT E-4 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 (c heck one) Position Type (c heck all that apply) Age Group Assigned (c heck one) Education Level (check one) Child Care Personnel Intermittent Volunteer Other Personnel Owner Director Lead Teacher (must select age group) VPK Instructor Assistant Teacher Substitute 0 – 12 Months 1 Year 2 Years 3 Years 4 Years 4 Years VPK 5+ Years Mixed Not Applicable No High School/GED High School Student High School/GED National Early Childhood Credential Birth Through Five Child Care Credential School-Age Child Care Credential Associates Degree Bachelor’s Degree Master’s Degree or Higher SCREENING DOCUMENTATION Al l 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 (due on or before employment, following a 90 day break, or when changing employers) N/A 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): Contract #2016-2760, Resolution,2019-61 | Page 64 of 65 ATTACHMENT G  Data Se curity De finitio ns  “Authorized Emp loyees” means Provid er’s employees wh o have a need to kn ow or otherwise ac c ess Personal Information to enable Provider to perform its obligations under this Agreement. “Au th orized 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 enab le Provider to perform its ob ligations under this Agreement, and who are bound in writing by confidentiality obligations sufficien t to protec t Personal Information in accordanc e with the terms and conditions of this Agreement.  “Un au th orized Third Party” means any person other than Authorized Employee or Authorized Person(s).   “Hig h ly-Sensitive Personal In form ation” means an individual’s (i) g overnment-issued identifi c ation number (inc luding, with out limitation , social sec urity number, driver’s license number or state-issued identifi ed numb er); (ii) fi nan cial account number, cred it card number, debit card number, cred it rep ort in formation, with or without any req u ired security code, ac cess code, personal identification number or password, that wou ld permit ac c ess to an individual’s fi nan cial account; or (iii) b iometric or health data. “Person al Information ” includes Highly-Sensitive Personal I n formation or any of the following: i. An individual’s first name or fi rst in itial an d last name in c ombination with any on e or more of the following data elements for that individual: 1. A social security number; 2. A driver license or id entification card number, passport number, military identifi c ation number, or other similar n u mber issued on a government doc u ment used to verify identity; 3. A fi nan cial account number or c redit or d ebit card number, in c ombination with any required security code, ac cess code, or password that is nec essary to permit access to an in d ividual’s financial acc ou n t; 4. Any information regarding an individual’s medic al history, mental or physical c on d ition, or medical treatment or diag n osis by a h ealth c are p rofessional; or 5. An individual’s health insuran ce policy number or subsc rib er identifi c ation number and any unique id entifier used b y a health insurer to iden tify the individual. ii. User name or e-mail address, in comb ination with a password or security question and answer that would permit ac c ess to an online ac count. Notwith standing the foreg oing, the term “Personal Information” shall not in clude in formation (1) about an individual that has been made publicly available by a federal, state, or local governmental en tity; or (2) that is encrypted, secured, or modified by any other method or tec hnology that removes elements that personally identify an individual or that otherwise renders th e information unusable. “Secu rity breach” or “breach ” means u n authorized acc ess of data in electronic form containing p ersonal information, or a breach or alleged breach of this Ag reement relating to such privacy practices. Good faith ac c ess of Personal Information by an employee or agent of the covered en tity shall not constitu te a breach of security under this Agreement, so long as the information is not used for a purpose unrelated to the business of Th e Children’s Trust, or as a result of an y other unauthorized use. Contract #2016-2760, Resolution,2019-61 | Page 65 of 65