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Home My WebLink AboutR-2005-027 After School Program RESOLUTION NO. 2005-027 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE 2005 SUMMER CHALLENGE PROGRAM; FURTHER, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to apply for funding through the Summer Challenge grant program offered by Children's Services Council of Broward County; and WHEREAS, specific requirements of the grant must be met and these services can be provided by After School Programs, Inc. for the 2005 Summer Camp recreational program, which will coincide with the Broward County School year; and WHEREAS, this grant will provide up to 87.5% of the total costs for the programs with a match from the City of Dania Beach in the form of in-kind services of no less than 12.5%; and • WHEREAS, the City Manager has determined that the contract with After School Programs, Inc. will be contingent on award to the City of the Summer Challenge grant and will be for the 2005 summer. (June—August); NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the application, acceptance if awarded, and execution of the Children's Services Council of Broward County 2005 Summer Challenge grant in conjunction with the Agreement with After School Programs, Inc. for after school program staffing, a copy of which grant application is attached as Exhibit "A"to this Resolution. Section 2. That the proper city officials are authorized to execute the grant Agreement, if awarded, and the Agreement with After School Programs, Inc. and the City Manager and City Attorney are authorized to make revisions to such Agreements as are deemed • necessary and proper and in the best interest of the City. Section 3. That upon execution of the grant agreement and an agreement with After School Programs, Inc., the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 9, 2005. C. K. MCELYEA MAYOR—CO �KIISSIONER 2 RESOLUTION NO. 2005-027 • ATTEST: ROLL CALL: CA COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES LOUISE_-STILSON COMMISSIONER FLURY - YES CITY GLERK VICE-MAYOR MIKES -YES MAYOR MCELYEA - YES APPROVED AS TO F,,. RM AND CORRECTNESS: BY: THOMAS J'. ANS RO CITY ATTORNEY • • 3 RESOLUTION NO. 2005-027 1 CONTRACT FOR SERVICES COMES NOW, AFTER SCHOOL PROGRAMS, INC., a Florida non-profit corporation, hereinafter referred to as "ASP" and the CITY OF DANIA BEACH, a municipal corporation, hereinafter referred to as "CITY", and entered into this Contract for Services, hereinafter referred to as "CONTRACT", on the dates set forth next to their signatures. WHEREAS, the CITY has entered into an AGREEMENT with Children's Services ,Council of Broward County, hereinafter referred to as "CSC", identified as Summer Challenge 2005 and Contract No.05-2822. A copy of the AGREEMENT is attached as Exhibit A and incorporated by reference, and is hereinafter referred to as "AGREEMENT"; and WHEREAS, CITY has requested ASP to supply staffing and services to implement the above referred to AGREEMENT with CSC. NOW THEREFORE, for and in consideration of the mutual covenants and agreements as set forth herein, the parties agree as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of pages 16726- of Exhibit A to the AGREEMENT wherein ASP is specifically designated, during the summer of 2005 which commences on June 6, 2005 and ends on August 5, 2005. 1.2 ASP shall perform its duties for forty-four(44) days. 1.3 ASP will provide any transportation necessary for field trips, and will pay for any activity fees for the forty-four(44) days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (1s) and fifteen (15t") days of each month for the preceding days at the rate of $5,045.50 for every day. Payment is due within twenty (20) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after the twenty-one (21) day grace period. If payment is not received within thirty (30) days of its due day, the CITY shall be in default and ASP may terminate the contract. 2.2 The CITY shall pay ASP $2,178.00 for training, which sum shall be paid within fifteen (15) days of the effective date of this Contract. 3. OBLIGATIONS OF THE CITY 3.1 The CITY agrees to pay ASP promptly as set forth herein. 3.2 The CITY agrees to purchase, provide and supply to ASP the necessary supplies, equipment, facilities and locations as contemplated and required by the AGREEMENT. The CITY is supplying all of the requirements of the program contemplated by the AGREEMENT, except for the items set forth in paragraph 1 above. 3.3 ASP agrees to act as the recipient for payment from the parents of children in the Program. Program is defined as the after school program as set forth in the AGREEMENT, Exhibit A. ASP shall not be required to enforce collection procedures for non-payment of fees due for the children. The CITY shall be solely responsible for enforcement of collection. ASP will remit to the CITY all proceeds collected on a weekly basis, no later than Monday of the week following the collections for the prior week. 4. DEFAULT 4.1 For other than monetary default by the CITY, in the event either party defaults in the terms and/or provisions of this CONTRACT, the other party shall give the defaulting party ten (10) days written notice of the default and an opportunity to cure the default within the ten (10) day period. In the event the default is not so cured, the other ® party may terminate the Contract by giving written notice thereof. 4.2 In the event of default, the non-defaulting party may sue for damages. The prevailing party shall be entitled to recover its attorney fees and costs, including legal assistant fees and attorney fees on appeal. 4.3 CITY shall obtain approval of CSC for the assignment of responsibility as set forth in this contract to ASP pursuant to the requirements of paragraph X of the AGREEMENT. 5. MISCELLANEOUS 5.1 ASP and the CITY both agree to comply with their respective requirements as set forth in the AGREEMENT in order to comply with the terms of this CONTRACT. 5.2 Notices: All notices, requests, demands and other communications pertaining to this CONTRACT shall be in writing and deemed duly given when delivered personally with a receipt, when delivered by an overnight courier service with a signed receipt or mailed by certified mail, return receipt requested, postage prepaid, addressed as follows: To ASP: Alan Wolnek After School Programs, Inc. 5700 Horizons Lane Margate, Florida 33063 Telephone: 954-970-6700 Fax: 954-970-7073 To CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 333004 Telephone: 954-924-3 610 Fax: 954-921-2604 Either party may change its address for notices by written notice to the other given pursuant to this paragraph. 5.3 Prior Negotiations. This CONTRACT supersedes in all respects all prior and contemporaneous oral and written negotiations, understandings and agreements between the parties with respect to the subject matter hereof. All of said prior and contemporaneous negotiations, understandings and agreements are merged herein and superseded hereby. • 5.4 Entire Agreement and Amendment. This CONTRACT and the Exhibits to this CONTRACT set forth the entire understanding between the parties in connection with the transaction contemplated herein, there being no terms, conditions, warranties or representations other than those contained herein, referenced herein or provided for herein. Neither this CONTRACT nor any term or provision hereof may be altered or amended in any manner except as an instrument in writing signed by the party against whom the enforcement of any such change is sought. 5.5 Severability. If any term of this CONTRACT is illegal or unenforceable at law or in equity, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any illegal or unenforceable term shall be deemed to be void and of no force and effect only to the minimum extent necessary to bring such term within the provisions of any applicable law or laws and such term, as so modified, and the balance of this CONTRACT shall then be fully enforceable. 5.6 Waiver. Unless otherwise specifically agreed in writing to the contrary: (i) the failure of either party at any time to require performance by the other of any provision of this CONTRACT shall not affect such party's right thereafter to enforce the same; (ii) no waiver by either party of any default by the other shall be taken or held to be a waiver by such party of any other preceding or subsequent default; and (iii) no extension of time • granted by either party for the performance of any obligation or act by the other party shall be deemed to be an extension of time for the performance of any other obligation or act hereunder. 5.7 Number and Gender. Whenever the context so requires, words used in the singular shall be construed to mean or include the plural and vice-versa, and pronouns of any gender shall be construed to mean or include any other gender or genders. 5.8 Headings and Cross-references. The headings of this CONTRACT are included for convenience of reference only, and shall in no way limit or affect the meaning or interpretation of the specific provisions hereof. All cross-references to paragraphs herein shall mean the paragraphs of this CONTRACT unless otherwise stated or clearly required by the context. Words such as "herein" and "hereof' shall be deemed to refer to this CONTRACT as a whole and not to any particular provision of this CONTRACT unless otherwise stated or clearly required by the context. 5.9 Counsel. Each party has been represented by its own counsel in connection with the negotiation and preparation of this CONTRACT and, consequently, each party hereby waives. the application of any rule or law that would otherwise be applicable in connection with the interpretation of this CONTRACT, including, but not limited to, any rule of law to the effect that any provision of this CONTRACT shall be interpreted or construed against the party whose counsel drafted that provision. 5.10 Choice of Laws; Venue. This CONTRACT is to be construed and governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. 5.11 Successors. This CONTRACT shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. 5.12 Counterparts. This CONTRACT may be signed in counterparts with the same affect as if the signature on each counterpart were on the same instrument. Each of the counterparts, when signed, shall be deemed to be an original, and all of the signed counterparts together shall be deemed to be one and the same instrument. A legible facsimile copy of this CONTRACT and any signatures hereon shall be considered as originals. 5.12 Effective Date. This CONTRACT shall become effective only after execution hereof(or counterparts hereof) by both parties. The effective date shall be the date signed last by either of the parties. IN WITNESS WHEREOF, the parties have caused this We d by their duly authorized officers on the date set forth below thei AFTER SCHOOL PROGRAMS, INC.: CITY OF D By: G% Lam/ B Alan Wolnek, President =Ivay� , Date: tl �S , , 2005 Date: J ,2005 C:IDMedalielm&n fleslAfierSehool ProgramslCONTRACT FOR SERVICES.doc8/1/03 • AGREEMENT Between Children's Services Council of Broward County and City of Dania Beach for Summer Challenge 2005 #05-2822 PROGRAM CONTRACT NUMBER This Agreement, entered into this 1st day of May, 2005, by and between the CHILDREN'S SERVICES COUNCIL, an independent special tax district of the State of Florida, hereinafter referred to as "COUNCIL," and City of Dania Beach, hereinafter referred to as 'PROVIDER." WHEREAS, this Agreement will enable PROVIDER to provide services, not otherwise funded by any other public funding source; and WHEREAS, funding given to PROVIDER has been found and declared to be for a public purpose. NOW, THEREFORE, the parties agree as follows: I. TERMS OF AGREEMENT The term of this Agreement shall be from May 1, 2005 through August 31, 2005 ("Initial Term"). PROVIDER understands and acknowledges that the initial funding will only be for the Initial Term stated herein. This Agreement is not renewable. Agreement renewals are of- sele funding; c. The availability ef fuRds from COUNCIL. In accordance with Chapter 2000-461 of the Laws of the State of Florida, the COUNCIL is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the agreements. It is necessary that fiscal funding out provisions be included in all proposals in which the terms are for periods longer than one (1) year. Therefore, the following funding out provisions are an integral part of this Agreement and must be agreed to by the PROVIDER: Provider: City of Dania Beach I Summer Challenge 2005 Contract#: 05-2822 The COUNCIL may, during the contract period, terminate or discontinue the services covered in this proposal at the end of Council's then current fiscal year upon forty-five (45) days prior written notice to the successful proposer. Such prior written notice will state that the lack of appropriated funds is the reason for termination. This written notification will thereafter release COUNCIL of all further obligations in anyway related to the services covered herein." The Funding Out statement must be included as part of any agreement. No agreement will be considered that does not include this provision for"funding out". d. This Agreement may be terminated with cause or without cause in accordance with the provisions contained in Section VI of this Agreement. ll. SCOPE OF SERVICES 1. PROVIDER agrees to provide the services and meet the outcome measures set forth in Exhibit A, Scope of Work. 2. PROVIDER agrees to attend seminars and/or training sessions as requested by Contract Administrator. 3. PROVIDER agrees to comply with the Monitoring/Reporting Requirements specified in Section V of this Agreement. 4. Background Screeninq: the PROVIDER shall comply with the requirements for background screening as mandated in Section 985.01, Florida Statutes. Ill. ORDER OF PRECEDENCE The Bid Solicitation and Provider Proposal Response are hereby incorporated by reference as a part of this Agreement in the following Order of Precedence: Executed Contract, Bid Solicitation Requirements, Provider Application for Funding. IV. FUNDING AND METHOD OF PAYMENT 1. The annual maximum amount payable by COUNCIL to PROVIDER for the term under this Agreement shall be $191,459.00 ("Contract Amount") 2. PROVIDER agrees to provide a Match in the amount of t49,824.00 for the period of May 1, 2005 through August 31, 2005, in accordance with the Requirements specified in the Application for Funding, Section F, hereby incorporated by reference. 3. The COUNCIL agrees to pay for units of service or other deliverables actually provided, invoiced and documented as specified in Exhibit A, Scope of Work. An original invoice, in the format prescribed by the COUNCIL, is due on or before the tenth (10t) day of the month following the month in which services were rendered. COUNCIL agrees to reimburse PROVIDER on a monthly billing basis. In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by COUNCIL. Invoices and/or documentation returned to PROVIDER for corrections may be cause for delay in receipt of payment. Late Provider; City of Dania Beach 2 Summer Challenge 2005 Contract#: 05-2822 submission may result in delay in receipt of payment. COUNCIL shall pay PROVIDER within thirty (30) calendar days of receipt of PROVIDER'S properly submitted invoice. 4. The PROVIDER shall submit the final invoice for payment to the COUNCIL no more than fifteen (15) days after the contract period ends or the contract is terminated. If the PROVIDER fails to do so, all rights to payment are forfeited and the COUNCIL will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the PROVIDER are received by the COUNCIL and any necessary adjustments thereto have been approved by the COUNCIL. 5. In the event this Agreement provides for more than one service or program, the Contract Administrator may shift funding between services and/or program(s) components, at any time, upon written notice to PROVIDER; however, Contract Administrator may not increase funding in excess of the Contract Amount and the total of these adjustments shall not exceed twenty percent (20%) of the total Contract Amount. 6. Submission of accurate, timely documentation and other requested information as required by COUNCIL shall be considered a factor in evaluating future funding requests. Invoices and/or documentation returned to PROVIDER for corrections may not be considered as submitted and shall be cause for delay in receipt of reimbursement. 7. PROVIDER attests to COUNCIL that no other reimbursement is available or used for invoiced services unless expressly authorized by COUNCIL. This Agreement specifically excludes Medicaid covered services provided to Medicaid certified clients. PROVIDER shall bill and pursue collection of third party and client payments (where applicable) for services rendered under this Agreement. In the event COUNCIL pays PROVIDER for a service that later becomes eligible for Medicaid or other third party coverage, then PROVIDER agrees to deduct the amount paid by COUNCIL on its next invoice. In the event the PROVIDER has submitted a final invoice, PROVIDER shall reimburse COUNCIL in the amount received by Medicaid or other third party payor within (30) days of receipt of that Medicaid payment. Additionally, the PROVIDER must note in the client file the date when clients become eligible for Medicaid or other third party payor. PROVIDER shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any service covered by this Agreement, and shall make all such records available to COUNCIL upon request. PROVIDER shall report such fees; reimbursement, compensation or funding to COUNCIL for such payments received which will be deducted from PROVIDER's invoices. 8. No Capital equipment shall be purchased under this Agreement. Capital equipment is defined by the Florida Statutes, Chapter 274, as items with a value greater than $750 which have a life expectancy of more than one year. 9. PROVIDER shall submit a W-9 IRS form providing the name, address and Federal I.D. Number of the official payee to whom payment shall be made. 10. It is PROVIDER's responsibility to advise the Contract. Administrator, in writing, of changes in name, address and/or telephone number. • Provider: City of Dania Beach Summer Challenge 2005 Contract#: 05-2822 V. MONITORING, REQUIRED RECORDS AND REPORTS 1. MONITORING: PROVIDER agrees- a. To assign appropriate staff as necessary to attend meetings with COUNCIL staff to discuss issues and recommendations concerning quality of service; service delivery systems, coordination of services, consumer satisfaction, records maintenance, and funding maximization, etc. b. To provide full access at administrative and service delivery'sites to COUNCIL during all announced and unannounced visits, for the purpose of examination of records and data covered by this Agreement as well as observation of service, delivery, and consumer/PROVIDER staff interaction. COUNCIL and PROVIDER shall maintain the confidentiality of Client services and records in full accordance with any federal or state laws or federal regulations mandating such confidentiality. c. To make all records and files pertaining to Clients subject at all times to inspection, review and/or audit by COUNCIL. d. that, if documentation is not readily available, then payments may be suspended until such time as PROVIDER has rescheduled another monitoring appointment to occur within thirty (30) days. e. To respond to any monitoring findings within the time frame specified therein, that • back-up documentation to be used to support the billings and outcomes provided shall be approved in writing by Contract Administrator. f. That findings of monitoring reports, responsiveness to corrective action, and all the performance requirements of this Agreement and timeliness of requested information shall be considered factors in evaluating future funding requests. g. To provide COUNCIL access to records and client files developed relevant to this Agreement regarding assessment of Outcomes beyond the expiration of this Agreement, as applicable. h. To respond to any monitoring findings within the time frame specified therein. i. Any monitoring reports and/or accreditation reports from other agencies or funding sources for similar services provided shall be submitted to COUNCIL within thirty (30) days of receipt. Such reports shall be sent to Contract Administrator. 2. REPORTS: PROVIDER agrees- a. PROVIDER agrees to comply and participate in any data collection as required by the COUNCIL. Also, PROVIDER agrees to furnish COUNCIL with any and all reports required in this Agreement within the accompanying time requirements as noted. Provider: City of Dania Beach 4 Summer Challenge 2005 Contract#: 05-2822 b. In the event services similar or identical to those covered under this agreement are • purchased and/or subsidized in whole or in part by another public or private funding source, notice of funding specifics shall be submitted to the Contract Administrator. c. Statistical Demographic Report: The PROVIDER agrees to maintain and report monthly (where applicable), information on overall Client demographics which includes age, gender, race, ethnic origin, parental marital status, education levels and status in the format provided by, or approved in writing by, the COUNCIL. PROVIDER agrees to track overall Client household income, other benefits received, types of services provided, and other information as required by the COUNCIL. d. Client Satisfaction Surveys: The PROVIDER agrees to furnish the COUNCIL with compiled results of any and all Client Satisfaction Surveys administered by the PROVIDER. Survey reports shall include the total number of surveys administered/mailed and the total number of surveys completed/returned. Upon COUNCIL request, PROVIDER shall submit raw data from all administered Client Satisfaction Surveys. The COUNCIL may, at its discretion, administer or require the Provider to administer Client Satisfaction Surveys, as deemed necessary. e. Client Outcome Report: The PROVIDER shall submit a Client Outcome Report, format to be provided by the COUNCIL, completed for each service program component each quarter, which shall include information regarding achievement toward outcomes by stating each outcome, the number of Clients served for the term of this Agreement in the program, the number of Clients who have achieved the • outcome, and such other information as is requested on report form. The PROVIDER shall also report any barriers experienced in outcome achievement. The report should also include any noteworthy activities that have occurred during the term of this Agreement. The PROVIDER shall also submit the number of Clients served under this Agreement to include: the number of new Clients, the number of Clients terminated, and such other information as requested. f. Actual Expenditure Report: The PROVIDER shall submit to the COUNCIL an Actual Expenditure Report which reports by line item actual expenditures incurred in the performance of this contract. The report shall be submitted in a format to be provided by the Council. Such expenditure information will be used to compile historical unit cost data. The Actual Expenditure Report shall be submitted by the PROVIDER to the COUNCIL sixty (60) days following the end of the contract. 3. OTHER REQUIREMENTS: INTERNAL DOCUMENTATION a. PROVIDER agrees to maintain the following, as applicable: (1) personnel files including hiring records, background screening results, job descriptions, policies, evaluation procedures, and background screening results, (2) Authorized time sheets, records, and attendance sheets, (3) Daily activity log and monthly calendar, (4) signature of person at sites authorizing presentations, (5) Training modules, (6) • Pre and post session questionnaires, (7) Client information release form, Community Provider: City of Dania Beach 5 Summer Challenge 2005 Contract#: 05-2822 Resource Inventory Organizational Profile update and (8) such other information as requested by COUNCIL. b. UNITS OF SERVICE: To document and maintain a permanent record of beginning and ending service time and date of service for all time based units of service. c. TRACKING SYSTEM REQUIREMENTS PROVIDER agrees to comply with the COUNCIL's Services and Activities Management Information System (SAMIS), as applicable, identifying all Clients referred to and from the program(s) funded under this Agreement. SAMIS shall identify the basis for any Client referral, the unavailability of any services to a Client(s) and the services delivered to the Clients. If a Client was referred to another agency, the file must include the disposition of the referral. d. PRO CHILDREN ACT COMPLIANCE The Provider shall comply with Public Law 103227 Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, which requires that smoking not be permitted in any portion of any indoor routinely used or leased or contracted for by an entity and used routinely or regularly for provision of. health, day care, education or library programs either directly or through State or local governments, by Federal grant, contract loan, or loan guarantee. The law does not apply to children's services provided in the private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $ 1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. e. REVENUE MAXIMIZATION DOCUMENTATION PROVIDER agrees to comply with any and all reporting and documentation requirements necessary for eligibility for Federal, State and other match funding opportunities to COUNCIL for services provided under this Agreement, e.g., Title IVE of the Social Security Act, Temporary Assistance for Needy Families (TANF) Block Grant, Medicaid Targeted Case Management, etc. The PROVIDER shall complete all necessary and appropriate forms for all clients served under this Agreement. This data will be used by the Council in federal funding revenue maximization efforts. All eligibility information shall be reported to the Council quarterly, unless otherwise specified by the Council, and copies of all eligibility forms shall be retained in the individual client/family case files and available for unannounced review by the Council. Such eligibility information shall not be used as a determination of client eligibility for program services funded under this Agreement. VI. TERMINATION OF AGREEMENT AND NOTICE 1. It is the intent of the COUNCIL to assure consistent and orderly delivery of children's services. It is the further intent of the COUNCIL to terminate Agreements only in those situations where such action is essential for the protection of its interest and the interests of children, as determined by the COUNCIL. Provider: City of Dania Beach Summer Challenge 2005 Contract#: 05-2822 2. This Agreement may be terminated by the PROVIDER without cause upon no less than forty-five (45) days notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. This Agreement may be terminated by the COUNCIL without cause upon no less than forty-five (45) days written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 4. In the event that funds needed to finance this Agreement become unavailable, the COUNCIL may terminate the contract upon no less that twenty-four (24) hours notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. The COUNCIL shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 5. In addition to the rights set forth in sub paragraphs 3 and 4 above, this Agreement may be terminated by the COUNCIL with cause upon no less than twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL at its discretion may waive any breach by the Provider in writing, but such waiver shall not constitute a waiver of any further breaches, including breaches of the same type. 6. The above provision shall not limit the COUNCIL'S right to remedies at law or to • damages. VII. AUDIT RIGHT AND RETENTION OF RECORDS COUNCIL shall have the right to audit the books, records, and accounts of PROVIDER that are related to the Scope of Services under this Agreement. PROVIDER shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Scope of Services under this Agreement. As defined in the Florida Single Audit Act, the PROVIDER agrees to allow the COUNCIL, the comptroller, the Auditor General or other auditing body access to its records as required by Florida Statutes 215.97, Florida Single Audit Act. PROVIDER shall preserve and make available, at reasonable times for examination and audit by COUNCIL, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of the Agreement Term of this Agreement and for three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNCIL to be applicable to PROVIDER's records, PROVIDER shall comply with all requirements thereof; however, no confidentiality or non-disclosure • requirement of either federal or state law shall be violated by PROVIDER. Any Provider: City of Dania Beach 7 Summer Challenge 2005 Contract#: 05-2822 incomplete or incorrect entry in such books, records, and accounts shall be a basis for • COUNCIL's disallowance and recovery of any payment upon such entry. VIII. OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNCIL. In the event of termination of this Agreement, any reports, photographs, surveys, and other data'and documents prepared by PROVIDER, whether finished or unfinished, shall become the property of COUNCIL and shall be delivered by PROVIDER to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to PROVIDER shall be withheld until all documents are received as provided herein. IX. INDEPENDENT CONTRACTOR PROVIDER is an independent contractor under this Agreement. Services provided by PROVIDER shall be by employees of PROVIDER and subject to supervision by PROVIDER, and not as officers, employees, or agents of the COUNCIL. Employee compensation, personnel policies, tax responsibilities, social security and health insurance, employee benefits, travel, per diem policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of PROVIDER. X. SUBCONTRACTING PROVIDER shall not assign the responsibility of this Agreement to another party or subcontract for any of the work contemplated under this Agreement, without prior written approval of the Contract Administrator. No such approval by the Contract Administrator shall be deemed in any event or in any manner to provide for the incurrence of any obligation by the COUNCIL in addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that the COUNCIL shall deem necessary. XI. FINANCIAL STATEMENTS 1. Within 120 days of the close of its fiscal year, PROVIDER agrees to submit to the COUNCIL a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. The fiscal audit must also be conducted consistent with the United States Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and. the Florida Single Audit Act, Florida Statutes 215.97, as applicable. Audit extensions may be granted in writing by the Contract Administrator upon receipt in writing of such request with appropriate justification by the PROVIDER. 2. Supplanting: the PROVIDER shall not use funds provided by the COUNCIL to replace ® funds from other funding sources. Provider: City of Dania Beach g Summer Challenge 2005 Contract#: 05-2822 XII. BOARD MEMBERS AND MEETINGS Within 30 days of the effective date of this Agreement, PROVIDER will submit to the COUNCIL a calendar of its scheduled Board meetings for the current fiscal year and an updated list of Board Members. XIII. PUBLICIZING COUNCIL SUPPORT PROVIDER agrees to identify the COUNCIL's support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from the COUNCIL. COUNCIL agrees to provide PROVIDER with a camera-ready logo for such use. XIV. PUBLICATIONS PROVIDER agrees to supply the COUNCIL, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the COUNCIL. PROVIDER agrees that the COUNCIL will have unlimited use of copyrighted materials developed under this Agreement. XV. CONFIDENTIAL INFORMATION The PROVIDER, its agents, employees or subgrantees will not use or disclose any information concerning a recipient of services under this contract for.any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR, Part 205.50) except upon written consent of"the recipient, or his/her responsible parent or guardian when authorized by law. XVI. SECURITY OBLIGATIONS PROVIDER shall maintain an appropriate level of data security for the information the PROVIDER is collecting or using in the performance of this contract. This includes, but is not limited to, approving and tracking all PROVIDER employees that request system or information access and ensuring that user access has been removed from all terminated PROVIDER employees. XVII. CLIENT RISK PREVENTION AND INCIDENT REPORTING 1. PROVIDER shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll- free telephone number (1-800- 96ABUSE). As required by Chapters 39 and 415, FLORIDA STATUTES, this is binding upon both the PROVIDER and its employees. 2. In the event of critical incidents such as serious client accident, injury or death, PROVIDER shall advise the Contract Administrator immediately by phone and in writing within twenty-four (24) hours. All. pertinent information such as Agency Incident Reports, Police Reports, actions taken, etc., shall be furnished by the Provider: City of Dania Beach 9 Summer Challenge 2005 Contract#: 05-2822 PROVIDER to the Director of Program Services within twenty-four (24)hours of the incident, or receipt of such information. XVIII. NONDISCRIMINATION Programs receiving funding from the COUNCIL shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color,gender, sexual orientation, religion, national origin, citizenship, disability, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. XIX. INDEMNIFICATION CLAUSE Any PROVIDER who is a state agency or subdivision, as defined in Chapter 768.28, Florida Statues, agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of their employment or agency, and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any PROVIDER to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any manner arising out of any contract or under this Agreement. XX. INTELLECTUAL PROPERTY RIGHTS The PROVIDER will indemnify and hold harmless, COUNCIL from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by COUNCIL. If the PROVIDER(S) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work This article will survive the termination of any contract with COUNCIL. XXI. INSURANCE 1. PROVIDER shall maintain in force for the term of this Agreement comprehensive general liability in the minimum amount of three hundred thousand dollars ($300,000) per occurrence bodily injury and property damage combined single limit. Such policy will be evidenced by a Certificate of Insurance which reflects COUNCIL as an additional insured and provides thirty (30) days prior written notice of cancellation. The Certificate of Insurance shall also be in compliance with Florida Statute 440 (Workers' Compensation Law). Further, PROVIDER will maintain professional liability insurance in the minimum amount of Three Hundred Thousand Dollars ($300,000) for each claim, subject to insurance market availability and affordability. Such policy will be evidenced by a Provider: City of Dania Beach 10 Summer Challenge 2005 Contract#: 05-2822 Certificate of Insurance which provides thirty (30) days prior written notice of cancellation. Each renewal of the respective Certificate of Insurance provided for above shall be submitted to the COUNCIL. Failure to submit the respective Certificate of Insurance such that a current Certificate of Insurance, shall result in suspension of any monies due and owing for any outstanding invoice of the PROVIDER by the COUNCIL. PROVIDER shall submit two (2) copies of their current Certificate of Insurance to the Program Services Specialist when this Agreement is signed with renewals of same annually thereafter. 2. If PROVIDER's insurance is provided by a municipality and at any time the municipality is unable or unwilling or otherwise ceases to provide insurance to COUNCIL for injury, damages, or liability which may arise out of the performance of this Agreement, PROVIDER shall be responsible for providing sufficient insurance in amounts and under terms required by COUNCIL. COUNCIL, in its sole discretion, shall determine what constitutes sufficient insurance. Documentation shall be submitted by PROVIDER to the Contract Administrator. XXII. AMENDMENTS: ASSIGNMENTS 1. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. However, the Contract Administrator for the COUNCIL may sign a modification, amendment or alteration to the terms and conditions of this Agreement where there is a change to Exhibit A, Scope.of Services, to reduce the r Contract Amount, or to change performance outcomes. 2. This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the proposer without prior written consent of COUNCIL. The PROVIDER herein shall not assign payments under this contract or agreement without the prior written consent of COUNCIL. XXIII. WAIVER OR BREACH Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of this Agreement. XXIV. DEFAULT In the event that the awarded Provider(s) should breach this contract, COUNCIL reserves the right to seek remedies in law or in equity. XXV. REPRESENTATIONS AND ACKNOWLEDGMENTS 1. PROVIDER represents to COUNCIL that upon the execution of this Agreement and continuing throughout the Agreement Term the following are true and correct. In the event that any of the following representations become at any time not true, the Provider: City of Dania Beach 11 Summer Challenge 2005 Contract#: 05-2822 PROVIDER shall immediately provide written notice of same to the Contract Administrator. a. There have been no irregularities involving its management or employees that could have a material effect on PROVIDER's operations or financial stability. b. PROVIDER has committed no violations or possible violations of laws or regulations the effects of which should be considered by COUNCIL prior to entering into this Agreement. c. There are no material transactions that have not been properly recorded in the appropriate document(s) or disclosed. d. Related party transactions as defined by generally accepted accounting principles and related amounts receivable or payable have been properly recorded or disclosed. e. It maintains appropriate active license(s), which are all in good standing and have not been revoked or suspended, where PROVIDER is operating a facility or . providing a service where any type of licensure is required, including, but not limited to federal, state, county and local law. f. PROVIDER represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adegbately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNCIL's satisfaction for the agreed compensation. g. PROVIDER shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of PROVIDER's performance and all interim and final product(s) provided to or on behalf of COUNCIL shall be comparable to local state and national best practice standards. 2. PROVIDER acknowledges that: a. Verification of liability protection, shall`accompany this Agreement upon execution of this Agreement by PROVIDER. b. Information, guidance and technical assistance offered by Program Services Specialist, or any other staff, whether written or verbal, in no way constitutes a guarantee of execution of this Agreement by the COUNCIL and should not be relied upon as a basis for doing business, delivering service, expending financial resources or expectation of receipt of payment. XXVI. PUBLIC ENTITIES CRIMES ACT PROVIDER represents that the execution of this Agreement will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNCIL, may not Provider: City of Dania Beach 12 Summer Challenge 2005 Contract#: 05-2822 submit a.bid on a contract with COUNCIL for the construction or repair of a public • building or public work, may not submit bids on leases of real property to COUNCIL, may not be awarded or perform work as a contractor supplier, subcontractor, or consultant under a contract with COUNCIL, and may not transact any business with COUNCIL in excess of the threshold amount provided in Section 287.017, Florida Statues, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNCIL's competitive procurement activities. XXVII. GOVERNING LAW AND VENUE This Agreement shall be governed, construed, and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Court in and for Broward County, Florida. XXVIII. COMPLIANCE WITH LAWS The parties shall comply with all federal, state, and local government laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. XXIX. SEVERABILITY In the event a portion of this Agreement is found by a court of competent jurisdiction to • be invalid, the remaining provisions shall continue to be effective unless COUNCIL or PROVIDER elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. XXX. CIRCULARS, STATUTES AND COMMON RULES The source of the Council's funding is local dollars; thus the Provider does not need to conduct a separate single audit under this contract. The PROVIDER shall use the following Circulars as a guideline for managing the Council's funding: 1. Administrative Requirements: OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments," OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 2. Allowable Costs: OMB Circular No. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," OMB Circular No. A-122 "Cost Principles for Nonprofit Organizations" and OMB Circular A-133, "Audits of State, Local Governments and Non-Profit Institutions." ® 3. Florida Statutes 215.97, Florida Single Audit Act. Provider: City of Dania Beach 13 Summer Challenge 2005. Contract#: 05-2822 XXXI. HIPAA ADDENDUM • Both parties agree to satisfy the standard for personal health information contained in the federal and state statutes and regulations, including, without limitation, any regulations promulgated under HIPAA (Health Insurance Portability and Accountability Act), as applicable. Both parties agree that as a result of the business relationship and as defined in the HIPAA Final Privacy Rules 65 CFR Parts 160 to 164 December 28, 2000, Contractor is possibly considered a Business Associate of Hospital Distract, and may be a Chain of Trust Partner under the HIPAA Proposed Security Rules. Business rules will be appended to this contract detailing the privacy and security requirements and practices that a Business Associate is required to meet. If HIPAA Transaction Standards and Code Set.Final Rules at 45 CFR Parts 160 and 162, August 17, 2000, apply due to any electronic bills Contractor may submit to Hospital District, Contractor agrees that the billing information shall meet HIPAA Transaction Standards and Code Set Final Rules. If requested by the Hospital District, Contractor agrees that it will enter into an appropriate Trader Partner Agreement, Business Associate Agreement, and/ or Chain of Trust Agreement as necessary to comply with the aforementioned rules. The parties agree to negotiate for thirty (30) days with the goal of reaching a mutually agreeable Trading Partner Agreement, Business Associate Agreement and /or Chain of Trust Agreement. If the parties fail to agree and fully execute such an Agreement or Agreements by the end of thirty (30) days, either party may terminate this Agreement upon written notice to the other party. XXXII. MULTIPLE ORIGINALS • This Agreement may be fully executed in two (2) copies or more by all parties, each of which bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: This 26 page contract, inclusive of Exhibit A and Exhibit B, is hereby executed as follows: THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. Provider: City of Dania Beach 14 Summer Challenge 2005 Contract#: 05-2822 Approved as to form by: ® JOHN MILLEDGE, ESQ. Republic Tower, 110 S.E. 61h Street, 15th Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 n /v A,� John Illedge, Esq. PROVIDER: COUNCIL: City of Dania Beach SIGNED , / SIGNED BY: BY c ld ME n: v Pato NAME: Carole Andrews /TITLE: City Manager TITLE: Chair ` . DATE: DATE: 1v ( �l� Provider Feld fal Identification #: 59-6000302 Attachment: Exhibit A and Exhibit B Provide notary attestation for Provider's signature below: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing Agreement was acknowledged before me this day of /72T_, 2005 by /Vag =iT 76 as Vi-2L'E"; of (Name of Signatory) (Title) (Name of Entity) L C'✓C��rh64-r on behalf of the corporation/entity.the is (Type of Entity) rsonally known to me or produced identification. Type of identification produced: Notary;Public—State of Florida 1 Print Name: (Seal) My commission expires: L OUSE STILSON ION#DD 280068 Provider: Cityof Dania Beach 1anuary 10,2006 1� ry PuDlkUnaerwM8r$ Summer Challenge 2005 Contract#: 05-2822 EXHIBIT A i SCOPE OF WORK Agency name: City of Dania Beach Program Name: Summer Challenge 2005/ POWER Contract#: 05-2822 I. Method of Service Delivery The Provider shall provide a Summer Camp Program that serves children ages 3 years and up who are not participating or enrolled in other year round child care programs AND who are (1) children of low income families in the general population, and/or (2) children with special health care needs. As a Summer Program Challenge 2005 program, the program shall focus on prevention and early intervention services that target children by developmental stages to improve school success, social adjustment, readiness for social transition or readiness for self- sufficiency and address specific outcomes. The program shall incorporate academic enrichment and fitness components that counter childhood obesity, while providing activities that enhance children's academic, social and physical achievement by: o Supporting children's social development and their relationship with adults and peers; o Keeping children on the right track; o Promoting positive recreational and leisure activities; o Enhancing reading and math skills through daily non-threatening and fun activities; and o Promoting awareness of the benefits of good nutrition and physical exercise. 1. Program Type The Provider shall provide the following type(s) of summer youth program: Summer Day Camps providing daily activities for children who are transported to the site each morning and who return to their homes at the end of each day. 2. Program Intent The main goal of the Positive Outlooks With Educational Rewards (P.O.W.E.R.) Summer Camp Program is to continue providing safe, fun and educational programming to children during the summer months. In addition to the required program components, the following activities shall be included: social skills building, weekly cultural arts programs, computer usage and cooking. Provider: City of Dania Beach 16 Summer Challenge 2005 Contract#: 05-2822 Mentors and foster grandparents, in conjunction with the Dania Beach Seniors Club, shall volunteer at the camps. A Junior Achievement program shall be offered at each site. Junior Achievement is an economics and business curriculum for children in kindergarten through 6th grade that focuses on self, family, and community. Pre and post testing shall be conducted to measure the program's effectiveness and value. A field trip to Wannado City shall be included with the Junior Achievement component. At Wannado City, children shall learn about different careers and shall be given the opportunity to role play their choice of careers. The cultural arts program shall include field trips to museums and theatres as well as artists coming on site for hands-on techniques. On site artists shall focus on clay, photography, drawing, and painting. During the final week of camp, a one day "Fun Day" at Frost Park shall be offered to the children, along with their families, city residents and visitors. As part of the "Fun Day", an exhibition of all cultural arts projects made throughout the summer shall be on display with the children available to provide information on projects; this shall provide the children an opportunity to share their achievements. 3. Target Population The program shall serve children of the following ages and developmental stages: ➢ Young children, ages 5 to 10 Early adolescents, ages 11 to 12 The Provider shall provide services to the following population: General Population Children These are children who participate in general education programs and do not require special assistance during the school year, but are considered at-risk due to economic disadvantage. 4. Service Delivery Core Services Program Services shall be provided to address the specific needs of clients. They shall include: jj s tu:s iM z t°`l°Service`Name and Description'"' �` ,> Participants .+ f .("« I y r•`r c'? ,R ' n s.'L f L" tt t 4{ ;r Rt, ,+�' -.,„ay,-,;!' .,.. -r,..•�ax ...s..?.CrY,..�.:'';,',h x, .::z, �.,,.... .�;..... �.. a?r�___ .-.,.-,`.y?,..., .:7 x t .t w Daily Reading - Minimum of one (1) hour per day of reading activities that 225 incorporates reading aloud independently, paired and in small groups and keeping a summer journal. Reading activities shall be instructed by certified teachers at a 1*25 ratio. Provider: City of Dania Beach 17 Summer Challenge 2005 Contract#: 05-2822 Service Name andDescr�ption � Participants Moving with Math - Minimum of one-half (1/2) hour session, four (4) times 225 per week of mathematic activities delivered by a certified teacher at a 1:25 ratio. Activities shall be creative, fun, and designed to maintain and increase math skills delivered in a non-threatening, positive and encouraging manner. Physical Fitness and Nutrition- Minimum of one (1) hour per day of 225 structured physical fitness activities. The fitness component shall reflect a variety of activities and encourage active participation regardless of the particular skill level of the children in a fun, engaging way that promotes teamwork and cooperative play. Program shall include activities that provide opportunities for children to learn about nutrition and making positive nutritional choices. Cultural Arts Education- Cultural art activities shall provide children with, 225 opportunities and experiences, such as, participation in drama or dance classes, painting, cultural music activities and story telling. Drowning Prevention /Water Safety - Drowning prevention/water safety 225 . lessons and swimming lessons shall be taught by Swim Central. Lessons shall be provided two times per week for a five week period. Computer Access — Computers classes, including internet access, 225 educational games in reading, math and comprehension, shall be available to all children. Recreational Field Trips —The children shall attend a total of nine (9) field 225 trips to various locations, including roller skating, IMAX Theatre, bowling and fishing. Junior Achievement—The children shall engage in three (3) sessions of 225 the Junior Achievement program which teaches about the Free Enterprise System and the American Way. The Provider shall ensure that the staff member(s) responsible for delivering the math component are professional teachers, and the staff member(s) responsible for delivering the reading component are individuals with demonstrated ability, competency and interest who have been trained in reading curriculums. The Daily Schedule of Activities shall, in general, be as indicated in Exhibit B. Provider: City of Dania Beach ]g Summer Challenge 2005 Contract#: 05-2822 Service Locations: The Provider shall provide summer program services at the following location(s): C.W. Thomas Park P.J. Meli Park 800 N.E. 2 St. 2901 S.W. 52 St. Dania Beach, FL 33004 Dania Beach, FL 33312 Frost Park 300 N.E. 2 St. Dania Beach, FL 33004 Provider shall notify the Council in writing of site changes within three (3) days. Site changes are subject to Council approval. Dates/Days/Hours of Operation: The provider shall operate the summer program from June 6, 2005 until August 5,2005, Monday through Friday, in accordance with the adopted School Board of Broward County school calendar, with daily hours of operation from 7:45 a.m. through 6:00 p.m. II. Staff Qualifications Staff positions, qualifications and duties shall be as described in the following chart and personnel files will be reviewed for compliance: +r Fm ;# Positions M�n�mumDegree � Y�Duties , /ooft�me ray _x 1 y a x„„ .tz f..u. -sF.2t '3fY+., 2 .:� L «.a lEducatson Eik erience :: `deyoted k4 a3" Tra�nmg _ n� � A. ,a 7 "'wr s«r ae}, r fi t y tl to tile . �a 'a `ux k c. S t ,,,,'"'^,"t mow, - x yF:-7 a� upo-a tx`t'� 4 s•5 `„� {, St a f: � ,� z � rx program 1 Parks and Master's Degree and a Oversee After School Programs, 5% Recreation minimum of 10 years Inc. to ensure all aspects of grant IN-KIND Director experience in Recreation. requirements are being met. 1 Computer Bachelor's Degree and a Maintenance and upgrades of 100% Technician minimum of 2 years computers, printers, programming, IN-KIND experience in maintaining and the internet. computers. 1 (After Master's Degree and Organize, plan, and supervise the 100% (2 School 15 years experience in educational and recreational hours at Programs, operating summer camp programs which includes site visits each site Inc.) Director programs. and staff meetings. daily.) of Education 3 (After Bachelor's Degree or CDA Assist Director of Education with 100% School or AA Degree or 60 college supervisory responsibilities of all Programs, credits with 6 credits in counselors and children attending Inc.) Site early childhood education. summer camp program. Ensure all Director ASP Management Training, counselors are implementing all CPR and First Aid Training program activities. Plan and and the 40 hour mandated prepare schedules, daily activities child care training by Child and supervise children and staff at Care Licensing. all times both on site and during field trips. Provider: City of Dania Beach 19 Summer Challenge 2005 Contract#: 05-2822 rCq.`"ic, ,ar F`�-."" ` I.'ri # Positron IVlini mum:Degree q �D.utiesp- 7, oftrme /Educatro'n, Experience and Training ' r ' `� J t t ry 15 (After H.S. diploma and previous Responsible for direct supervision 100% School child care experience. of children and implementing all Programs, CPR and First Aid Training program activities. Inc.) and the 40 hour mandated Counselors child care training by Child Care Licensing. 1 (After Bachelor's Degree and a Administration, record keeping, 100% (2 School minimum of 1 year data collection coordination and hours at Programs, experience in grant organization of performance data each site Inc.) management. and invoicing. daily.) Grants ASP Management Training, Administrator CPR and First Aid Training 9 (After Bachelor's Degree and a Responsible for assisting students 1000% School minimum of 1 year with tutoring and implementing both Programs, experience in teaching reading and math components of Inc.) children. summer camp program. Teachers Teacher's Certification III. General Operating Information A minimum of 225 children shall be served during the period of June 6, 2005 through August 5, 2005. The minimum staff to child ratio shall be 1:15. All contracted staff working in the program must comply with background screening and fingerprinting requirements, in accordance with Florida Statutes Chapter 435 and Broward County background screening requirements, as applicable. Providers must maintain staff personnel files which reflect that a screening result of"no findings" was received. IV. Units of Service 1, The Units of Service are defined as follows: • One full day of summer camp, minimum of 5 hours per child, per day. Attendance must be timed in and out by child in writing each day. 2. The maximum number of units to be provided under this contract is as follows: June 6, 2005 through August 5, 2005: 8416.4885 Units of Full-Day Camp services (invoice type #9200) at $19.65 not to exceed $165.384.00. Total for all services combined not to exceed: $165,384.00. Provider: City of Dania Beach -)o Summer Challenge 2005 Contract#: 05-2822 *Note that extended decimal places are necessary to account for partial units and ensure accuracy of dollar calculations. Note: This is one-time funding without the option of renewal. V. Method of Payment 1. Start-Up Costs: Start-up.costs (unit # 8090) shall be on a cost reimbursement basis. The Council will pay the provider for allowable costs incurred in accordance with the approved start-up budget and budget narrative, hereby incorporated by reference. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. The maximum amount of start-up funds to be paid for under this contract shall not exceed: $13,565.00. 2. Unit Costs: Client services provided under this contract will be paid as Units of service at the rates and maximum amounts as defined above in Section IV. 2. The maximum amount to be paid under this contract for units of services shall not exceed $165,384.00. 3. Flex Funds/Special Activity Funds: Flex fund expenditures (unit #8010) shall be on a cost reimbursement basis. The Council will pay the provider for allowable flex fund/ Special Activity expenditures in accordance with the approved flex fund budget and flex fund budget narrative, hereby incorporated by reference. Only flex fund expenditures incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for .payment. A Summer Special Activity is defined as a Value Added Cultural Arts and 'Enrichment Activity and /or field trip (college tour, recreational field trip, cultural arts field trip). ` The maximum amount of flex funds to be paid shall not exceed: $12,510.00. 4. All payments shall be requested by the Provider on a monthly basis in the format prescribed by the Council. Approved payment will be derived from Provider invoices reflecting services delivered in accordance with the contract. Agencies will not be paid for clients who do not attend sessions. Payment is contingent upon submittal of complete and accurate data in accordance with Council requirements for the reporting of client and service data information. No invoices will be processed for payment if required backup documentation has not been provided in a complete and accurate manner. The Provider is required to pursue third party, Medicaid, and client payments (where applicable), and to establish a sliding fee scale for services. If the contract is with an agency which is subcontracting delivery of services to other providers, the lead agency will be responsible for compiling all data necessary to submit a consolidated monthly invoice, and required reports. These funds shall not be used to supplant any other sources of funding including, Medicaid, private insurance, and/or, client fees. 5. Match: The Provider agrees to match the dollar amount awarded by the Council to the Provider in an amount equal to a minimum of 12.5% of the total approved contract amount or the higher amount so specified in the Proposal. The match may be provided in the form of cash or in-kind contributions, in accordance with the approved budget, hereby incorporated by reference. In-kind contributions may only include a portion of staff salaries, volunteers, equipment, space and other in-kind contributions as agreed to in writing by the Contract Administrator. The Provider shall provide proof of the match on or before the due date of the invoice(s). To the extent that the Provider fails to provide such proof, then that amount shall be deducted from any amounts due and owing by the Council to the Provider under this contract or any other contracts between the parties. The total amount of Match to be applied to this contract shall be a minimum of $49,824.00 in accordance with the Provider: City of Dania Beach 7] Summer Challenge 2005 Contract#: 05-2822 approved line item budget, hereby incorporated by reference. 6. Sliding Scale Fee: The program shall maintain a sliding scale fee as identified in the proposal, herein incorporated by reference. VI. Performance Measures Provider shall adhere to the following five (5) required performance-based outcome measures: b i i rt ' t ✓ t :7 4 T sr`, 4�'1k'-'y t^r -rl*'" dk.v'd,." a{ & f1 xr �x :..Services/� �� Outcomes �T�° = indicators; �,� Demonstrated � �� Type of Evaluatl0 Structured activities Children/ 100%of children will not -Staff trained in Outcome to be in a safe environment Youth will experience a serious injury emergency measured the last supervised by caring remain safe. (requiring emergency room response. week of July by adults. attention),abuse or arrest -Practice safety reviewing report while in care,during the skills _ Injury/Incident Reports. contract period. -No emergency room visits -No abuse/neglect reports -No police reports One(1)hour of Children will 80%of children will improve -Improved word j outcome to be interactive daily improve their reading skills,as recognition measured the first reading activity that reading skills. measured by increased word week of enrollment and includes at least one recognition by July 29,2005. the last week of July, technique from each using the San Diego group: Quick Assessment tool Group A Verification of on-site reading (word recognition Read aloud materials that are engaging measurement tool). • Read with buddies and age appropriated. • Read silently Group B • Create plays/skits • Keep journals • Write stories Children/youth will Children will 80%of children will increase -Improved shuttle Outcome to be participate in one(1) improve their physical functioning by run speed measured the first hour of daily physical physical improving their strength, week of enrollment and fitness activity using functioning. endurance, and/or flexibility by -Increased the last week of July. fun indoor and July 29,2005. endurance in the Required measurement outdoor sport walk/run tool will capture the activities designed to completion times for improve their -Increased the shuttle run and strength,endurance distance in the endurance walkirun, and/or flexibility. softball throw and the distance the softball is thrown. Children will Children will 80%of children will maintain Improved score on Outcome to be participate in maintain or improve their nutrition the nutrition tool. measured the first activities to improve and/or knowledge by July 29,2005. week of enrollment and nutrition knowledge. improve the last week of July, Children will be nutrition using the"What Do provided well- knowledge. You Know About The balanced meals and Foods You Eat"? snacks daily while Measurement tool. attending the summer program. Provider: City of Dania Beach 22 Summer Challenge 2005 Contract#: 05-2822 ... ` -..a.-.y. J Sernces/ Ouitcomes f tndlcators y� 'Demonstrated Type of �Activtties Children/youth will Children will 80%of children will maintain -Improved Outcome to be participate in two(2) maintain or increase their math skills by recognition and measured the first hours, of math and/or July 29,2005. understanding of week of enrollment and enrichment activities improve math math concepts. the last week of July, per week using the skills. using the"Moving with "Moving with Math" Math"Placement Test curriculum to improve as a measurement tool. their mathematical literacy and skills. Provider shall ensure pre and post-testing is administered at the appropriate times using the approved tools, as described above. The Provider shall submit pretest data by June 20, 2005 and posttest data by July 29, 2005. Failure to conduct pre and post-testing and/or provide subsequent outcome data reports will result in a moratorium on Council funding for a period of 12 months. Reports shall include the total number of unduplicated children: ■ served by the program each month ■ terminated from the program each month ■ currently active in the program each month ■ served by the program, year to date ® who are documented TANF eligible ■ attended water safety classes, year to date ■ who have met the criterion for measurement for each outcome measure (minimum of 4 weeks of program participation) ■ who have achieved the outcome measures As applicable, Provider shall also report in narrative form, the reasons for non-acceptance into program, dropping-out and failures to achieve the outcomes, as well as describing any factors that affected outcome achievement or measurement during the summer. In addition, after the program has been monitored, the Provider shall complete and return the Monitor Evaluation forms, along with the final Summer Outcome Report due July 29, 2005. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. Provider: City of Dania Beach 23 Summer Challenge 2005 Contract#: 05-2822 EXHIBIT B: DAILY SCHEDULE C.W. THOMAS PARK RECREATIONAL CENTER 2005 P.O.W.E.R. SUMMER CAMP SCHEDULE TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 7:30—8:30 Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Choice* Choice* Choice* Choice* Choice* 8:30—9:30 Moving With Moving With Moving With Moving With Journal Writing Math Math Math Math 9:30— 11:00 Reading Reading Instruction Reading Reading Reading Can Instruction With With Teacher** Instruction Instruction With Bee Fun Teacher** With Teacher** Teacher** 11:00— 11:30 Tutoring with Tutoring with Tutoring with Tutoring with Teacher*** Teacher*** Teacher*** Teacher*** Sizzling Science 11:30— 12:00 Lunch Lunch Lunch Lunch Lunch 12:00 1:00 Physical Physical Physical Physical Physical Activities**** Activities**** Activities**** Activities**** Activities**** 1:00—2:00 Computers Swim Central is a 5 Field Trip/Cultural Swim Central is a 5t Field Trip wk program/then Art Activity wk program/then Fish in /Swimm ing Fish in /Swimmin 2:00—3:00 Music/Dance Computers Field Trip/Cultural Computers Field Trip Art Activity 3:00—4:00 Sports and Games Movie and Popcorn Field Trip/Cultural Cooking/Nutrition Field Trip Art Activity 4:00—4`:15 Snack Movie and Popcorn Snack Snack Snack 4:15—5:00 Free Movie and Popcorn Free Sports and Games Free Choice/Computers Choice/Computers Choice/Computers 5:00—6:00 . Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy your friends***** your friends***** your friends***** your friends***** your friends***** Departure Departure Departure Departure Departure * Free Choice— includes board games, puzzles, blocks, reading. ** Reading Instruction with Teacher includes Read Aloud, journal writing and Reading Can Bee Fun program. *** Tutoring with Teacher includes individual and group tutoring. **** Physical Activities includes American Heart Association Hoops for Heart, President's Physical Challenge Activities, sports and games. *****Relax and Enjoy your Friends includes quiet time activities such as chat and relax, music, Free Choice. Provider: City of Dania Beach 2)4 Summer Challenge 2005 Contract#: 05-2822 • FROST PARK RECREATIONAL CENTER 2005 P.O.W.E.R. SUMMER CAMP SCHEDULE TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 7:30—8:30 Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Choice* Choice* Choice* Choice* Choice* 8:30—9:30 Moving With Moving With Moving With Moving With Journal Writing Math Math Math Math 9:30 — 11:00 Reading Reading Instruction Reading Reading Reading Can Instruction With With Teacher** Instruction Instruction With Bee Fun Teacher** With Teacher** Teacher** 11:00— 11:30 Tutoring with Tutoring with Tutoring with Tutoring with Teacher*** Teacher*** Teacher*** Teacher*** Sizzling Science 11:30— 12:00 Lunch Lunch Lunch Lunch Lunch 12:00— 12:30 Physical Physical Physical Physical Physical Activities**** Activities**** Activities**** Activities**** Activities**** 12:30— 1:00 Physical Travel to PJ Meli Physical Travel to PJ Meli Physical Activities**** Park Activities**** Park Activities**** 1:00 —2:00 Computers Swim Central is a 5 Field Trip/Cultural Swim Central is a 5 Field Trip wk program/then Art Activity wk program/then Fish in /Swimm ing Fish in /Swimmin 2:00 —2:30 Music/Dance Return to Frost Field Trip/Cultural Return to Frost Field Trip Park Art Activity Park 2:30—4:00 Sports and Games Movie and Popcorn Field Trip/Cultural Cooking/Nutrition Field Trip Art Activity 4:00—4:15 Snack Movie and Popcorn Snack Snack Snack 4:15 —5:00 Free Movie and Popcorn Free Sports and Games Free Choice/Computers Choice/Computers Choice/Computers 5:00-6:00 Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy your friends***** your friends***** your friends***** your friends***** your friends***** Departure Departure Departure - Departure De arture * Free Choice— includes board games, puzzles, blocks, reading. *" Reading Instruction with Teacher includes Read Aloud, journal writing and Reading Can Bee Fun program. *** Tutoring with Teacher includes individual and group tutoring. **** Physical Activities includes American Heart Association Hoops for Heart, President's Physical Challenge Activities, sports and games. *****Relax and Enjoy your Friends includes quiet time activities such as chat and relax, music, Free Choice. Provider: City of Dania Beach 25 Summer Challenge 2005 Contract#: 05-2822 • P.J. MELI PARK RECREATIONAL CENTER 2005 P.O.W.E.R. SUMMER CAMP SCHEDULE TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 7:30—8:30 Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Choice* Choice* Choice* Choice* Choice* 8:30—9:30 Moving With Moving With Moving With Moving With Journal Writing Math. Math Math Math 9:30 — 11:00 Reading Reading Instruction Reading Reading Reading Can Instruction With With Teacher** Instruction Instruction With Bee Fun Teacher** With Teacher** Teacher** 11:00— 11:30 Tutoring with Tutoring with Tutoring with Tutoring with Teacher*** Teacher*** Teacher*** Teacher*** Sizzling Science 11:30— 12:00 Lunch Lunch Lunch Lunch Lunch 12:00- 12:30 Physical Physical Physical physical Physical Activities**** Activities"" Activities**** Activities**** Activities**** 12:30— 1:00. Physical Travel to Frost Park Physical Travel to Frost Park Physical Activities**** Activities**** Activities**** 1:00—2:00 Sports and Games Computers Field Trip/ Cultural Computers Field Trip Art Activity 2:00—.2:30 Movie and Popcorn Return to PJ Meli Field Trip/Cultural Return to PJ Meli Field Trip Park Art Activity Park ® 2:30—4:00 Movie and Popcorn Swim Central is a 5 Field Trip/Cultural Swim Central is a 5 Field Trip wk program/then Art Activity wk program/then Fishing/Swimming Fishin /Swimmin 4:00—4:15 Movie and Popcorn Snack Snack Snack Snack 4:15.—5:00 Free Choice Music/Dance Free Choice Cooking/Nutrition Free Choice 5:00—6:00 . . Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy your friends***** your friends***** your friends***** your friends***** your friends***** Departure Departure Departure Departure Departure * Free Choice— includes board games, puzzles, blocks, reading. ** Reading Instruction with Teacher includes Read Aloud, journal writing and Reading Can Bee Fun program. *** Tutoring with Teacher includes individual and group tutoring. *"** Physical Activities includes American Heart Association Hoops for Heart, President's Physical Challenge Activities, sports and games. *****Relax and Enjoy your Friends includes quiet time activities such as chat and relax, music, Free Choice. Provider: City of Dania Beach 26 Summer Challenge 2005 Contract#: 05-2822 CHURENS LL SMWES Mai n 2005 COUNCIL of Broirtird Cottttl i CHILDREN'S SERVICES COUNCIL MEMBERS. May 16, 2005 Carole Andrews,Chair School Board Member Ivan Pato Honorable Julie B.Koenig, City Manager Vice chair City of Dania Beach Governor Appointee 100 W. Dania Beach Blvd. Ana M. Valtadares,Secretary Dania Beach, FL 33004 Governor Appointee Jack L.Moss, Dear Mr. Pato: Immediate Past Chair DCF District Administrator This letter serves to confirm that the Children Services Council has Gregory Governnoror Appointee executed the Summer Challenge Program 2005 contract. A copy with p original signatures is enclosed for your reference. Your signature Commissioner Suzanne N.Gunzburger represents the Board of Directors for the City of Dania Beach, the County Commissioner organization that will be legally bound to all terms and conditions of the Marti Huizenga contract. • Governor Appointee Honorable Lawrence L Korda Additionally, please provide us with a copy of any client satisfaction tools Judicial Member you intend to use. We need to review and approve the client David Roach satisfaction tools. Please provide this material by June 3, 2005. Broward County Health Dept.Administrator Congratulations and thank you for your attention to this matter. We look LaurieJ.Sallarulo forward to working with you on this project. Governor Appointee Dr.Frank Till School Superintendent Sincerely, STAFF 0(-A�_ CindyJ.Arenberg Seltzer Karen Swartzbaugh, MA President/CEO Chief Program Officer LEGAL COUNSEL John Milledge Enclosure Garry Johnson 6301 r W 5th Way, Suite 3000•Ft. Lauderdale, Florida 33309•Phone 954-377-1000 • Fax 954-377-1683 www.cscbroward.org AGREEMENT Between Children's Services Council of Broward County and City of Dania Beach for Summer Challenge 2005 #05-2822 PROGRAM CONTRACT NUMBER This Agreement, entered into this 1st day of May, 2005, by and between the CHILDREN'S SERVICES COUNCIL, an independent special tax district of the State of Florida, hereinafter referred to as "COUNCIL," and City of Dania Beach, hereinafter referred to as "PROVIDER." WHEREAS, this Agreement will enable PROVIDER to provide services, not otherwise funded by any other public funding source; and WHEREAS, funding given to PROVIDER has been found and declared to be for a public purpose. NOW, THEREFORE, the parties agree as follows: I. TERMS OF AGREEMENT The term of this Agreement shall be from May 1, 2005 through August 31, 2005 ("Initial Term"). PROVIDER understands and acknowledges that the initial funding will only be for the Initial Term stated herein. This Agreement is not renewable. Agreement eRewal�„ s are at the sole funding; b. SatisfaGtGFY program perfoFFRaRGe by PROVIDER; and c. The availability of fWRd6 fFOM COUNCIL. In accordance with Chapter 2000-461 of the Laws of the State of Florida, the COUNCIL is prohibited from creating obligations in anticipation of budgeted revenues from one fiscal year to another without year to year extension provisions in the agreements. It is necessary that fiscal funding out provisions be included in all proposals in which the terms are for periods longer than . one (1) year. Therefore, the following funding out provisions are an integral part of this Agreement and must be agreed to by the PROVIDER: Provider: City of Dania Beach 1 Summer Challenge 2005 Contract#: 05-2822 • The COUNCIL may, during the contract period, terminate or discontinue the services covered in this proposal at the end of Council's then current fiscal year upon forty-five (45) days prior written notice to the successful proposer. Such prior written notice will state that the lack of appropriated funds is the reason for termination. This written notification will thereafter release COUNCIL of all further obligations in anyway related to the services covered herein." The Funding Out statement must be included as part of any agreement. No agreement will be considered that does not include this provision for"funding out". d. This Agreement may be terminated with cause or without cause in accordance with the provisions contained in Section VI of this Agreement. II. SCOPE OF SERVICES 1. PROVIDER agrees to provide the services and meet the outcome measures set forth in Exhibit A, Scope of Work. 2. PROVIDER agrees to attend seminars and/or training sessions as requested by Contract Administrator. 3. PROVIDER agrees to comply with the Monitoring/Reporting Requirements specified in Section V of this Agreement. 4. Background Screening: the PROVIDER shall comply with the requirements for background screening as mandated in Section 985.01, Florida Statutes. r III. ORDER OF PRECEDENCE The Bid Solicitation and Provider Proposal Response are hereby incorporated by reference as a part of this Agreement in the following Order of Precedence: Executed Contract, Bid Solicitation Requirements, Provider Application for Funding. IV. FUNDING AND METHOD OF PAYMENT 1. The annual maximum amount payable by COUNCIL to PROVIDER for the term under this Agreement shall be $191,459.00 ("Contract Amount") 2. PROVIDER agrees to provide a Match in the amount of$49,824.00 for the period of May 1, 2005 through August 31, 2005, in accordance with the Requirements specified in the Application for Funding, Section F, hereby incorporated by reference. 3. The COUNCIL agrees to pay for units of service or other deliverables actually provided, invoiced and documented as specified in Exhibit A, Scope of Work. An original invoice, in the format prescribed by the COUNCIL, is due on or before the tenth (10th) day of the month following the month in which services were rendered. COUNCIL agrees to reimburse PROVIDER on a monthly billing basis. In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by COUNCIL. Invoices and/or documentation returned to PROVIDER for corrections may be cause for delay in receipt of payment. Late Provider: City of Dania Beach 2 Summer Challenge 2005 Contract#: 05-2822 • submission may result in delay in receipt of payment. COUNCIL shall pay PROVIDER within thirty (30) calendar days of receipt of PROVIDER'S properly submitted invoice. 4. The PROVIDER shall submit the final invoice for payment to the COUNCIL no more than fifteen (15) days after the contract period ends or the contract is terminated. If the PROVIDER fails to do so, all rights to payment are forfeited and the COUNCIL will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the PROVIDER are received by the COUNCIL and any necessary adjustments thereto have been approved by the COUNCIL. 5. In the event this Agreement provides for more than one service or program, the Contract Administrator may shift funding between services and/or program(s) components, at any time, upon written notice to PROVIDER; however, Contract Administrator may not increase funding in excess of the Contract Amount and the total of these adjustments shall not exceed twenty percent (20%) of the total Contract Amount. 6. Submission of accurate, timely documentation and other requested information as required by COUNCIL shall be considered a factor in evaluating future funding requests. Invoices and/or documentation returned to PROVIDER for corrections may not be considered as submitted and shall be cause for delay in receipt of reimbursement. 7. PROVIDER attests to COUNCIL that no other reimbursement is available or used for invoiced services unless expressly authorized by COUNCIL. This Agreement • specifically excludes Medicaid covered services provided to Medicaid certified clients. PROVIDER shall bill and pursue collection of third party and client payments (where applicable) for services rendered under this Agreement. In the event COUNCIL pays PROVIDER for a service that later becomes eligible for Medicaid or other third party coverage, then PROVIDER agrees to deduct the amount paid by COUNCIL on its next invoice. In the event the PROVIDER has submitted a final invoice, PROVIDER shall reimburse COUNCIL in the amount received by Medicaid or other third party payor within (30) days of receipt of that Medicaid payment. Additionally, the PROVIDER must note in the client file the date when clients become eligible for Medicaid or other third party payor. PROVIDER shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any service covered by this Agreement, and shall make all such records available to COUNCIL upon request. PROVIDER shall report such fees; reimbursement, compensation or funding to COUNCIL for such payments received which will be deducted from PROVIDER's invoices. 8. No Capital equipment shall be purchased under this Agreement. Capital equipment is defined by the Florida Statutes, Chapter 274, as items with a value greater than $750 which have a life expectancy of more than one year. 9. PROVIDER shall submit a W-9 IRS form providing the name, address and Federal I.D. Number of the official payee to whom payment shall be made. 10. It is PROVIDER's responsibility to advise the Contract Administrator, in writing, of changes in name, address and/or telephone number. Provider: City of Dania Beach 3 Summer Challenge 2005 Contract#: 05-2822 • V. MONITORING, REQUIRED RECORDS AND REPORTS 1. MONITORING: PROVIDER agrees: a. To assign appropriate staff as necessary to attend meetings with COUNCIL staff to discuss issues and recommendations concerning quality of service; service delivery systems, coordination of services, consumer satisfaction, records maintenance, and funding maximization, etc. b. To provide full access at administrative and service delivery sites to COUNCIL during all announced and unannounced visits, for the purpose of examination of records and data covered by this Agreement as well as observation of service, delivery, and consumer/PROVIDER staff interaction. COUNCIL and PROVIDER shall maintain the confidentiality of Client services and records in full accordance with any federal or state laws or federal regulations mandating such confidentiality. c. To make all records and files pertaining to Clients subject at all times to inspection, review and/or audit by COUNCIL. d. that, if documentation is not readily available, then payments may be suspended until such time as PROVIDER has rescheduled another monitoring appointment to occur within thirty (30) days. e. To respond to any monitoring findings within the time frame specified therein, that back-up documentation to be used to support the billings and outcomes provided shall be approved in writing by Contract Administrator. f. That findings of monitoring reports, responsiveness to corrective action, and all the performance requirements of this Agreement and timeliness of requested information shall be considered factors in evaluating future funding requests. g. To provide COUNCIL access to records and client files developed relevant to this Agreement regarding assessment of Outcomes beyond the expiration of this Agreement, as applicable. h. To respond to any monitoring findings within the time frame specified therein. i. Any monitoring reports and/or accreditation reports from other agencies or funding sources for similar services provided shall be submitted to COUNCIL within thirty (30) days of receipt. Such reports shall be sent to Contract Administrator. 2. REPORTS: PROVIDER agrees: a. PROVIDER agrees to comply and participate in any data collection as required by the COUNCIL. Also, PROVIDER agrees to furnish COUNCIL with any and all reports required in this Agreement within the accompanying time requirements as noted. Provider: City of Dania Beach 4 Summer Challenge 2005 Contract#: 05-2822 • b. In the event services similar or identical to those covered under this agreement are purchased and/or subsidized in whole or in part by another public or private funding source, notice of funding specifics shall be submitted to the Contract Administrator. c. Statistical Demographic Report: The PROVIDER agrees to maintain and report monthly (where applicable), information on overall Client demographics which includes age, gender, race, ethnic origin, parental marital status, education levels and status in the format provided by, or approved in writing by, the COUNCIL. PROVIDER agrees to track overall Client household income, other benefits received, types of services provided, and other information as required by the COUNCIL. d. Client Satisfaction Surveys: The PROVIDER agrees to furnish the COUNCIL with compiled results of any and all Client Satisfaction Surveys administered by the PROVIDER. Survey reports shall include the total number of surveys administered/mailed and the total number of surveys completed/returned. Upon COUNCIL request, PROVIDER shall submit raw data from all administered Client Satisfaction Surveys. The COUNCIL may, at its discretion, administer or require the Provider to administer Client Satisfaction Surveys, as deemed necessary. e. Client Outcome Report: The PROVIDER shall submit a Client Outcome Report, format to be provided by the COUNCIL, completed for each service program component each quarter, which shall include information regarding achievement • toward outcomes by stating each outcome, the number of Clients served for the term of this Agreement in the program, the number of Clients who have achieved the outcome, and such other information as is requested on report form. The PROVIDER shall also report any barriers experienced in outcome achievement. The report should also include any noteworthy activities that have occurred during the term of this Agreement. The PROVIDER shall also submit the number of Clients served under this Agreement to include: the number of new Clients, the number of Clients terminated, and such other information as requested. f. Actual Expenditure Report: The PROVIDER shall submit to the COUNCIL an Actual Expenditure Report which reports by line item actual expenditures incurred in the performance of this contract. The report shall be submitted in a format to be provided by the Council. Such expenditure information will be used to compile historical unit cost data. The Actual Expenditure Report shall be submitted by the PROVIDER to the COUNCIL sixty (60) days following the end of the contract. 3. OTHER REQUIREMENTS: INTERNAL DOCUMENTATION a. PROVIDER agrees to maintain the following, as applicable: (1) personnel files including hiring records, background screening results, job descriptions, policies, evaluation procedures, and background screening results, (2) Authorized time sheets, records, and attendance sheets, (3) Daily activity log and monthly calendar, (4) signature of person at sites authorizing presentations, (5) Training modules, (6) Pre and post session questionnaires, (7) Client information release form, Community Provider: City of Dania Beach 5 Summer Challenge 2005 Contract#: 05-2822 Resource Inventory Organizational Profile update and (8) such other information as requested by COUNCIL. b. UNITS OF SERVICE: To document and maintain a permanent record of beginning and ending service time and date of service for all time based units of service. c. TRACKING SYSTEM REQUIREMENTS PROVIDER agrees to comply with the COUNCIL's Services and Activities Management Information System (SAMIS), as applicable, identifying all Clients referred to and from the program(s) funded under this Agreement. SAMIS shall identify the basis for any Client referral, the unavailability of any services to a Client(s) and the services delivered to the Clients. If a Client was referred to another agency, the file must include the disposition of the referral. d. PRO CHILDREN ACT COMPLIANCE The Provider shall comply with Public Law 103227 Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1994, which requires that smoking not be permitted in any portion of any indoor routinely used or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, education or library programs either directly or through State or local governments, by Federal grant, contract loan, or loan guarantee. The law does not apply to children's services provided in the private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or • alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $ 1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. e. REVENUE MAXIMIZATION DOCUMENTATION PROVIDER agrees to comply with any and all reporting and documentation requirements necessary for eligibility for Federal, State and other match funding opportunities to COUNCIL for services provided under this Agreement, e.g., Title IVE of the Social Security Act, Temporary Assistance for Needy Families (TANF) Block Grant, Medicaid Targeted Case Management, etc. The PROVIDER shall complete all necessary and appropriate forms for all clients served under this Agreement. This data will be used by the Council in federal funding revenue maximization efforts. All eligibility information shall be reported to the Council quarterly, unless otherwise specified by the Council, and copies of all eligibility forms shall be retained in the individual client/family case files and available for unannounced review by the Council. Such eligibility information shall not be used as a determination of client eligibility for program services funded under this Agreement. VI. TERMINATION OF AGREEMENT AND NOTICE 1. It is the intent of the COUNCIL to assure consistent and orderly delivery of children's services. It is the further intent of the COUNCIL to terminate Agreements only in those situations where such action is essential for the protection of its interest and the interests of children, as determined by the COUNCIL. Provider: City of Dania Beach Summer Challenge 2005 Contract#: 05-2822 2. This Agreement may be terminated by the PROVIDER without cause upon no less than forty-five (45) days notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. This Agreement may be terminated by the COUNCIL without cause upon no less than forty-five (45) days written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 4. In the event that funds needed to finance this Agreement become unavailable, the COUNCIL may terminate the contract upon no less that twenty-four (24) hours notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. The COUNCIL shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 5. In addition to the rights set forth in sub paragraphs 3 and 4 above, this Agreement may be terminated by the COUNCIL with cause upon no less than twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL at its discretion may waive any breach by the Provider in writing, but such waiver shall not constitute a waiver of any further breaches, including breaches of the same type. • 6. The above provision shall not limit the COUNCIL'S right to remedies at law or to damages. VII. AUDIT RIGHT AND RETENTION OF RECORDS COUNCIL shall have the right to audit the books, records, and accounts of PROVIDER that are related to the Scope of Services under this Agreement. PROVIDER shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Scope of Services under this Agreement. As defined in the Florida Single Audit Act, the PROVIDER agrees to allow the COUNCIL, the comptroller, the Auditor General or other auditing body access to its records as required by Florida Statutes 215.97, Florida Single Audit Act. PROVIDER shall preserve and make available, at reasonable times for examination and audit by COUNCIL, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of the Agreement Term of this Agreement and for three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNCIL to be applicable to PROVIDER's records, PROVIDER shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by PROVIDER. Any Provider: City of Dania Beach 7 Summer Challenge 2005 Contract#: 05-2822 incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNCIL's disallowance and recovery of any payment upon such entry. Vill. OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNCIL. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by PROVIDER, whether finished or unfinished, shall become the property of COUNCIL and shall be delivered by PROVIDER to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to PROVIDER shall be withheld until all documents are received as provided herein. IX. INDEPENDENT CONTRACTOR PROVIDER is an independent contractor under this Agreement. Services provided by PROVIDER shall be by employees of PROVIDER and subject to supervision by PROVIDER, and not as officers, employees, or agents of the COUNCIL. Employee compensation, personnel policies, tax responsibilities, social security and health insurance, employee benefits, travel, per diem policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of PROVIDER. • X. SUBCONTRACTING PROVIDER shall not assign the responsibility of this Agreement to another party or subcontract for any of the work contemplated under this Agreement, without prior written approval of the Contract Administrator. No such approval by the Contract Administrator shall be deemed in any event or in any manner to provide for the incurrence of any obligation by the COUNCIL in addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that the COUNCIL shall deem necessary. XI. FINANCIAL STATEMENTS 1. Within 120 days of the close of its fiscal year, PROVIDER agrees to submit to the COUNCIL a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. The fiscal audit must also be conducted consistent with the United States Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act, Florida Statutes 215.97, as applicable. Audit extensions may be granted in writing by the Contract Administrator upon receipt in writing of such request with appropriate justification by the PROVIDER. • 2. Supplanting: the PROVIDER shall not use funds provided by the COUNCIL to replace funds from other funding sources. Provider: City of Dania Beach g Summer Challenge 2005 Contract#: 05-2822 XII. BOARD MEMBERS AND MEETINGS Within 30 days of the effective date of this Agreement, PROVIDER will submit to the COUNCIL a calendar of its scheduled Board meetings for the current fiscal year and an updated list of Board Members. XIII. PUBLICIZING COUNCIL SUPPORT PROVIDER agrees to identify the COUNCIL's support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from the COUNCIL. COUNCIL agrees to provide PROVIDER with a camera-ready logo for such use. XIV. PUBLICATIONS PROVIDER agrees to supply the COUNCIL, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the COUNCIL. PROVIDER agrees that the COUNCIL will have unlimited use of copyrighted materials developed under this Agreement. XV. CONFIDENTIAL INFORMATION • The PROVIDER, its agents, employees or subgrantees will not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR, Part 205.50) except upon written consent of the recipient, or his/her responsible parent or guardian when authorized by law. XVI. SECURITY OBLIGATIONS PROVIDER shall maintain an appropriate level of data security for the information the PROVIDER is collecting or using in the performance of this contract. This includes, but is not limited to, approving and tracking all PROVIDER employees that request system or information access and ensuring that user access has been removed from all terminated PROVIDER employees. XVII. CLIENT RISK PREVENTION AND INCIDENT REPORTING 1. PROVIDER shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll- free telephone number (1-800- 96ABUSE). As required by Chapters 39 and 415, FLORIDA STATUTES, this is binding upon both the PROVIDER and its employees. 2. In the event of critical incidents such as serious client accident, injury or death, PROVIDER shall advise the Contract Administrator immediately by phone and in • writing within twenty-four (24) hours. All pertinent information such as Agency Incident Reports, Police Reports, actions taken, etc., shall be furnished by the Provider: City of Dania Beach 9 Summer Challenge 2005 Contract#: 05-2822 PROVIDER to the Director of Program Services within twenty-four (24) hours of the incident, or receipt of such information. XVIII. NONDISCRIMINATION Programs receiving funding from the COUNCIL shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, sexual orientation, religion, national origin, citizenship, disability, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. XIX. INDEMNIFICATION CLAUSE Any PROVIDER who is a state agency or subdivision, as defined in Chapter 768.28, Florida Statues, agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of their employment or agency, and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any PROVIDER to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any manner arising out of any contract or under this Agreement. • XX. INTELLECTUAL PROPERTY RIGHTS The PROVIDER will indemnify and hold harmless, COUNCIL from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by COUNCIL. If the PROVIDER(S) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work This article will survive the termination of any contract with COUNCIL. XXI. INSURANCE 1. PROVIDER shall maintain in force for the term of this Agreement comprehensive general liability in the minimum amount of three hundred thousand dollars ($300,000) per occurrence bodily injury and property damage combined single limit. Such policy will be evidenced by a Certificate of Insurance which reflects COUNCIL as an additional insured and provides thirty (30) days prior written notice of cancellation. The Certificate of Insurance shall also be in compliance with Florida Statute 440 (Workers' Compensation Law). Further, PROVIDER will maintain professional liability insurance in the minimum • amount of Three Hundred Thousand Dollars ($300,000) for each claim, subject to insurance market availability and affordability. Such policy will be evidenced by a Provider: City of Dania Beach 10 Summer Challenge 2005 Contract#: 05-2822 Certificate of Insurance which provides thirty (30) days prior written notice of cancellation. Each renewal of the respective Certificate of Insurance provided for above shall be submitted to the COUNCIL. Failure to submit the respective Certificate of Insurance such that a current Certificate of Insurance, shall result in suspension of any monies due and owing for any outstanding invoice of the PROVIDER by the COUNCIL. PROVIDER shall submit two (2) copies of their current Certificate of Insurance to the Program Services Specialist when this Agreement is signed with renewals of same annually thereafter. 2. If PROVIDER's insurance is provided by a municipality and at any time the municipality is unable or unwilling or otherwise ceases to provide insurance to COUNCIL for injury, damages, or liability which may arise out of the performance of this Agreement, PROVIDER shall be responsible for providing sufficient insurance in amounts and under terms required by COUNCIL. COUNCIL, in its sole discretion, shall determine what constitutes sufficient insurance. Documentation shall be submitted by PROVIDER to the Contract Administrator. XXII. AMENDMENTS: ASSIGNMENTS 1. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. However, the Contract Administrator for the COUNCIL may sign a modification, amendment or alteration to the terms and conditions of this Agreement where there is a change to Exhibit A, Scope of Services, to reduce the Contract Amount, or to change performance outcomes. 2. This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the proposer without prior written consent of COUNCIL. The PROVIDER herein shall not assign payments under this contract or agreement without the prior written consent of COUNCIL. XXIII. WAIVER OR BREACH Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of this Agreement. XXIV. DEFAULT In the event that the awarded Provider(s) should breach this contract, COUNCIL reserves the right to seek remedies in law or in equity. XXV. REPRESENTATIONS AND ACKNOWLEDGMENTS 1. PROVIDER represents to COUNCIL that upon the execution of this Agreement and continuing throughout the Agreement Term the following are true and correct. In the • event that any of the following representations become at any time not true, the Provider: City of Dania Beach 11 Summer Challenge 2005 Contract M 05-2822 PROVIDER shall immediately provide written notice of same to the Contract Administrator. a. There have been no irregularities involving its management or employees that could have a material effect on PROVIDER's operations or financial stability. b. PROVIDER has committed no violations or possible violations of laws or regulations the effects of which should be considered by COUNCIL prior to entering into this Agreement. c. There are no material transactions that have not been properly recorded in the appropriate document(s) or disclosed. d. Related party transactions as defined by generally accepted accounting principles and related amounts receivable or payable have been properly recorded or disclosed. e. It maintains appropriate active license(s), which are all in good standing and have not been revoked or suspended, where PROVIDER is operating a facility or providing a service where any type of licensure is required, including, but not limited to federal, state, county and local law. f. PROVIDER represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNCIL's satisfaction for the agreed compensation. g. PROVIDER shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of PROVIDER's performance and all interim and final product(s) provided to or on behalf of COUNCIL shall be comparable to local state and national best practice standards. 2. PROVIDER acknowledges that: a. Verification of liability protection, shall accompany this Agreement upon execution of this Agreement by PROVIDER. b. Information, guidance and technical assistance offered by Program Services Specialist, or any other staff, whether written or verbal, in no way constitutes a guarantee of execution of this Agreement by the COUNCIL and should not be relied upon as a basis for doing business, delivering service, expending financial resources or expectation of receipt of payment. XXVI. PUBLIC ENTITIES CRIMES ACT PROVIDER represents that the execution of this Agreement will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a • person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNCIL, may not Provider: City of Dania Beach 12 Summer Challenge 2005 Contract#: 05-2822 submit a bid on a contract with COUNCIL for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNCIL, may not be awarded or perform work as a contractor supplier, subcontractor, or consultant under a contract with COUNCIL, and may not transact any business with COUNCIL in excess of the threshold amount provided in Section 287.017, Florida Statues, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNCIL's competitive procurement activities. XXVII. GOVERNING LAW AND VENUE This Agreement shall be governed, construed, and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Court in and for Broward County, Florida. XXVIII. COMPLIANCE WITH LAWS The parties shall comply with all federal, state, and local government laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. XXIX. SEVERABILITY In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNCIL or PROVIDER elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. XXX. CIRCULARS, STATUTES AND COMMON RULES The source of the Council's funding is local dollars; thus the Provider does not need to conduct a separate single audit under this contract. The PROVIDER shall use the following Circulars as a guideline for managing the Council's funding: 1. Administrative Requirements: OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments," OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 2. Allowable Costs: OMB Circular No. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," OMB Circular No. A-122 "Cost Principles for Nonprofit Organizations" and OMB Circular A-133, "Audits of State, Local Governments and Non-Profit Institutions." 3. Florida Statutes 215.97, Florida Single Audit Act. Provider: City of Dania Beach 13 Summer Challenge 2005 Contract M 05-2822 XXXI. HIPAA ADDENDUM Both parties agree to satisfy the standard for personal health information contained in the federal and state statutes and regulations, including, without limitation, any regulations promulgated under HIPAA (Health Insurance Portability and Accountability Act), as applicable. Both parties agree that as a result of the business relationship and as defined in the HIPAA Final Privacy Rules 65 CFR Parts 160 to 164 December 28, 2000, Contractor is possibly considered a Business Associate of Hospital District, and may be a Chain of Trust Partner under the HIPAA Proposed Security Rules. Business rules will be appended to this contract detailing the privacy and security requirements and practices that a Business Associate is required to meet. If HIPAA Transaction Standards and Code Set Final Rules at 45 CFR Parts 160 and 162, August 17, 2000, apply due to any electronic bills Contractor may submit to Hospital District, Contractor agrees that the billing information shall meet HIPAA Transaction Standards and Code Set Final Rules. If requested by the Hospital District, Contractor agrees that it will enter into an appropriate Trader Partner Agreement, Business Associate Agreement, and/ or Chain of Trust Agreement as necessary to comply with the aforementioned rules. The parties agree to negotiate for thirty (30) days with the goal of reaching a mutually agreeable Trading Partner Agreement, Business Associate Agreement and /or Chain of Trust Agreement. If the parties fail to agree and fully execute such an Agreement or Agreements by the end of thirty (30) days, either party may terminate this Agreement upon written notice to the other party. XXXII. MULTIPLE ORIGINALS This Agreement may be fully executed in two (2) copies or more by all parties, each of which bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: This 26 page contract, inclusive of Exhibit A and Exhibit B, is hereby executed as follows: THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. Provider: City of Dania Beach 14 Summer Challenge 2005 Contract#: 05-2822 Approved as to form by: JOHN MILLEDGE, ESQ. Republic Tower, 110 S.E. 6th Street, 151h Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 in John ylledge, Esq. PROVIDER: COUNCIL: City of Dania Beach SIGNED ....._ SIGNED BY: ME: v n Pato NAME: Carole Andrews TITLE: City Manager TITLE: Chair DATE: DATE: fo Provider Federal Identification #: 59-6000302 Attachment: Exhibit A and Exhibit B Provide notary attestation for Provider's signature below: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing Agreement was acknowledged before me this �',K, day of , 2005 by /V gAl P,4 TO as 81'ry of -�WNl.q 6, X C (Name of Signatory) (Title) (Name of Entity) L6V6---ZA1MCAr1—on behalf of the corporation/entity.the is ----(� e of Entity) rsonally known me or produced identification. Type of identification produced: s � 4KJ Notary,>Public— State of Florida Print Name: o U rS,5 S%/c,SM (Seal) My commission expires: " LOUISE STILSON MY commiSSION#DD 2WW8 Provider: City of Dania Beach 15 EXPIRES:January 10,2006 ,Rf; ., aondedThruNotaryPublicunderwriers Summer Challenge 2005 Contract#: 05-2822 ® EXHIBIT A SCOPE OF WORK Agency name: City of Dania Beach Program Name: Summer Challenge 2005/ POWER Contract#: 05-2822 1. Method of Service Delivery The Provider shall provide a Summer Camp Program that serves children ages 3 years and up who are not participating or enrolled in other year round child care programs AND who are (1) children of low income families in the general population, and/or(2) children with special health care needs. As a Summer Program Challenge 2005 program, the program shall focus on prevention and early intervention services that target children by developmental stages to improve school success, social adjustment, readiness for social transition or readiness for self- sufficiency and address specific outcomes. The program shall incorporate academic enrichment and fitness components that counter childhood obesity, while providing activities that enhance children's academic, social and physical achievement by: o Supporting children's social development and their relationship with • adults and peers; o Keeping children on the right track; o Promoting positive recreational and leisure activities; o Enhancing reading and math skills through daily non-threatening and fun activities; and o Promoting awareness of the benefits of good nutrition and physical exercise. 1. Program Type The Provider shall provide the following type(s) of summer youth program: Summer Day Camps providing daily activities for children who are transported to the site each morning and who return to their homes at the end of each day. 2. Program Intent The main goal of the Positive Outlooks With Educational Rewards (P.O.W.E.R.) Summer Camp Program is to continue providing safe, fun and educational programming to children during the summer months. In addition to the required program components, the following activities shall be included: social skills building, weekly cultural arts programs, computer usage and cooking. • Provider: City of Dania Beach 16 Summer Challenge 2005 Contract#: 05-2822 Mentors and foster grandparents, in conjunction with the Dania Beach Seniors Club, shall volunteer at the camps. A Junior Achievement program shall be offered at each site. Junior Achievement is an economics and business curriculum for children in kindergarten through 6th grade that focuses on self, family, and community. Pre and post testing shall be conducted to measure the program's effectiveness and value. A field trip to Wannado City shall be included with the Junior Achievement component. At Wannado City, children shall learn about different careers and shall be given the opportunity to role play their choice of careers. The cultural arts program shall include field trips to museums and theatres as well as artists coming on site for hands-on techniques. On site artists shall focus on clay, photography, drawing, and painting. During the final week of camp, a one day "Fun Day" at Frost Park shall be offered to the children, along with their families, city residents and visitors. As part of the "Fun Day", an exhibition of all cultural arts projects made throughout the summer shall be on display with the children available to provide information on projects; this shall provide the children an opportunity to share their achievements. 3. Target Population The program shall serve children of the following ages and developmental stages: ➢ Young children, ages 5 to 10 ➢ Early adolescents, ages 11 to 12 The Provider shall provide services to the following population: General Population Children These are children who participate in general education programs and do not require special assistance during the school year, but are considered at-risk due to economic disadvantage. 4. Service Delivery Core Services Program Services shall be provided to address the specific needs of clients. They shall include: �{ s �$v Part�ci ants , r, r � SelNlce �ame and=DeScr�pt�QYl� ,� D to be servetl:. Daily Reading - Minimum of one (1) hour per day of reading activities that 225 incorporates reading aloud independently, paired and in small groups and keeping a summer journal. Reading activities shall be instructed by certified teachers at a 1:25 ratio. Provider: City of Dania Beach 17 Summer Challenge 2005 Contract#: 05-2822 Lb o#tie.served .� I'M Moving with Math - Minimum of one-half (1/2) hour session, four (4) times 225 per week of mathematic activities delivered by a certified teacher at a 1:25 ratio. Activities shall be creative, fun, and designed to maintain and increase math skills delivered in a non-threatening, positive and encouraging manner. Physical Fitness and Nutrition- Minimum of one (1) hour per day of 225 structured physical fitness activities. The fitness component shall reflect a variety of activities and encourage active participation regardless of the particular skill level of the children in a fun, engaging way that promotes teamwork and cooperative play. Program shall include activities that provide opportunities for children to learn about nutrition and making positive nutritional choices. Cultural Arts Education- Cultural art activities shall provide children with 225 opportunities and experiences, such as, participation in drama or dance classes, painting, cultural music activities and story telling. Drowning Prevention /Water Safety - Drowning prevention/water safety 225 lessons and swimming lessons shall be taught by Swim Central. Lessons 0 shall be provided two times per week for a five week period. Computer Access — Computers classes, including internet access, 225 educational games in reading, math and comprehension, shall be available to all children. Recreational Field Trips —The children shall attend a total of nine (9) field 225 trips to various locations, including roller skating, IMAX Theatre, bowling and fishing. Junior Achievement—The children shall engage in three (3) sessions of 225 the Junior Achievement program which teaches about the Free Enterprise System and the American Way. The Provider shall ensure that the staff member(s) responsible for delivering the math component are professional teachers, and the staff member(s) responsible for delivering the reading component are individuals with demonstrated ability, competency and interest who have been trained in reading curriculums. The Daily Schedule of Activities shall, in general, be as indicated in Exhibit B. Provider: City of Dania Beach 18 Summer Challenge 2005 Contract#: 05-2822 Service Locations: The Provider shall provide summer program services at the following location(s): C.W. Thomas Park P.J. Meli Park 800 N.E. 2 St. 2901 S.W. 52 St. Dania Beach, FL 33004 Dania Beach, FL 33312 Frost Park 300 N.E. 2 St. Dania Beach, FL 33004 Provider shall notify the Council in writing of site changes within three (3) days. Site changes are subject to Council approval. Dates/Days/Hours of Operation: The provider shall operate the summer program from June 6, 2005 until August 5, 2005, Monday through Friday, in accordance with the adopted School Board of Broward County school calendar, with daily hours of operation from 7:45 a.m. through 6:00 p.m. II. Staff Qualifications Staff positions, qualifications and duties shall be as described in the following chart and personnel files will be reviewed for compliance: i �a � :s, r 8 nx x I i t r- t tt ' 1"�7' �� sya -t x �eY �€fl § '" �k.,� `.• g-xoy,; airy ' � and�Tramrng .. tothe k 1 Parks and Master's Degree and a Oversee After School Programs, 5% Recreation minimum of 10 years Inc. to ensure all aspects of grant IN-KIND Director experience in Recreation. requirements are being met. 1 Computer Bachelor's Degree and a Maintenance and upgrades of 100% Technician minimum of 2 years computers, printers, programming, IN-KIND experience in maintaining and the internet. computers. 1 (After Master's Degree and Organize, plan, and supervise the 100% (2 School 15 years experience in educational and recreational hours at Programs, operating summer camp programs which includes site visits each site Inc.) Director programs. and staff meetings. daily.) of Education 3 (After Bachelor's Degree or CDA Assist Director of Education with 100% School or AA Degree or 60 college supervisory responsibilities of all Programs, credits with 6 credits in counselors and children attending Inc.) Site early childhood education. summer camp program. Ensure all Director ASP Management Training, counselors are implementing all CPR and First Aid Training program activities. Plan and and the 40 hour mandated prepare schedules, daily activities child care training by Child and supervise children and staff at Care Licensing. all times both on site and during field trips. Provider: City of Dania Beach 19 Summer Challenge 2005 Contract#: 05-2822 �# Position ��Nliriimum,Degree '„ �7 Duties ` � /oof tiiiie 3 ME,�51TRM '"��' �i �� y�i � a�' y�J,E , �t� `nx '� s: ` �'y�a'"'��'7 h �ru,... �' � .. �Y �,='� •yip rogram 15 (After H.S. diploma and previous Responsible for direct supervision 100% School child care experience. of children and implementing all Programs, CPR and First Aid Training program activities. Inc.) and the 40 hour mandated Counselors child care training by Child Care Licensing. 1 (After Bachelor's Degree and a Administration, record keeping, 100% (2 School minimum of 1 year data collection coordination and hours at Programs, experience in grant organization of performance data each site Inc.) management. and invoicing. daily.) Grants ASP Management Training, Administrator CPR and First Aid Training 9 (After Bachelor's Degree and a Responsible for assisting students 100% School minimum of 1 year with tutoring and implementing both Programs, experience in teaching reading and math components of Inc.) children. summer camp program. Teachers Teacher's Certification Ill. General Operating Information A minimum of 225 children shall be served during the period of June 6, 2005 through August 5, 2005. The minimum staff to child ratio shall be 1:15. All contracted staff working in the program must comply with background screening and fingerprinting requirements, in accordance with Florida Statutes Chapter 435 and Broward County background screening requirements, as applicable. Providers must maintain staff personnel files which reflect that a screening result of"no findings" was received. IV. Units of Service 1. The Units of Service are defined as follows: ■ One full day of summer camp, minimum of 5 hours per child, per day. Attendance must be timed in and out by child in writing each day. 2. The maximum number of units to be provided under this contract is as follows: June 6, 2005 through August 5, 2005: 8416.4885 Units of Full-Day Camp services (invoice type #9200) at $19.65 not to exceed $165,384.00. Total for all services combined not to exceed: $165,384.00. Provider: City of Dania Beach 20 Summer Challenge 2005 Contract#: 05-2822 *Note that extended decimal places are necessary to account for partial units and ensure accuracy of dollar calculations. Note: This is one-time funding without the option of renewal. V. Method of Payment 1. Start-Up Costs: Start-up costs (unit # 8090) shall be on a cost reimbursement basis. The Council will pay the provider for allowable costs incurred in accordance with the approved start-up budget and budget narrative, hereby incorporated by reference. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. The maximum amount of start-up funds to be paid for under this contract shall not exceed: $13,565.00. 2. Unit Costs: Client services provided under this contract will be paid as Units of service at the rates and maximum amounts as defined above in Section IV. 2. The maximum amount to be paid under this contract for units of services shall not exceed $165,384.00. 3. Flex Funds/Special Activity Funds: Flex fund expenditures (unit #8010) shall be on a cost reimbursement basis. The Council will pay the provider for allowable flex fund/ Special Activity expenditures in accordance with the approved flex fund budget and flex fund budget narrative, hereby incorporated by reference. Only flex fund expenditures incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. A Summer Special Activity is defined as a Value Added Cultural Arts and Enrichment Activity and /or field trip (college tour, recreational field trip, cultural arts field trip). The maximum amount of flex funds to be paid shall not exceed: $12,510.00. 4. All payments shall be requested by the Provider on a monthly basis in the format prescribed by the Council. Approved payment will be derived from Provider invoices reflecting services delivered in accordance with the contract. Agencies will not be paid for clients who do not attend sessions. Payment is contingent upon submittal of complete and accurate data in accordance with Council requirements for the reporting of client and service data information. No invoices will be processed for payment if required backup documentation has not been provided in a complete and accurate manner. The Provider is required to pursue third party, Medicaid, and client payments (where applicable), and to establish a sliding fee scale for services. If the contract is with an agency which is subcontracting delivery of services to other providers, the lead agency will be responsible for compiling all data necessary to submit a consolidated monthly invoice, and required reports. These funds shall not be used to supplant any other sources of funding including, Medicaid, private insurance, and/or, client fees. 5. Match: The Provider agrees to match the dollar amount awarded by the Council to the Provider in an amount equal to a minimum of 12.5% of the total approved contract amount or the higher amount so specified in the Proposal. The match may be provided in the form of cash or in-kind contributions, in accordance with the approved budget, hereby incorporated by reference. In-kind contributions may only include a portion of staff salaries, volunteers, equipment, space and other in-kind contributions as agreed to in writing by the Contract Administrator. The Provider shall provide proof of the match on or before the due date of the invoice(s). To the extent that the Provider fails to provide such proof, then that amount shall be deducted from any amounts due and owing by the Council to the Provider under this contract or any other contracts between the parties. The total amount of Match to be applied to this contract shall be a minimum of $49,824.00 in accordance with the Provider: City of Dania Beach 21 Summer Challenge 2005 Contract#: 05-2822 approved line item budget, hereby incorporated by reference. 6. Sliding Scale Fee: The program shall maintain a sliding scale fee as identified in the proposal, herein incorporated by reference. VI. Performance Measures Provider shall adhere to the following five (5) required performance-based outcome measures: �� a Services/ �,1 1 Outcomes � � Indicators � Demonstrated Type of n 'r 4 ACttV�t�es� P-a4., $S � s r P t a ` Structured activities Children/ 100%of children will not -Staff trained in Outcome to be in a safe environment Youth will experience a serious injury emergency measured the last supervised by caring remain safe. (requiring emergency room response. week of July by adults. attention),abuse or arrest -Practice safety reviewing report while in care,during the skills Injury/Incident Reports. contract period. -No emergency room visits -No abuse/neglect reports -No police reports One(1)hour of Children will 80%of children will improve -Improved word Outcome to be interactive daily improve their reading skills,as recognition measured the first reading activity that reading skills. measured by increased word week of enrollment and includes at least one recognition by July 29,2005. the last week of July, technique from each using the San Diego • group: Quick Assessment tool Verification of on-site reading Group A (word recognition • Read aloud materials that are engaging measurement tool). • Read with buddies and age appropriated. • Read silently Group B • Create plays/skits • Keep journals • Write stories Children/youth will Children will 80%of children will increase -Improved shuttle Outcome to be participate in one(1) improve their physical functioning by run speed measured the first hour of daily physical physical improving their strength, week of enrollment and fitness activity using functioning. endurance,and/or flexibility by -Increased the last week of July. fun indoor and July 29,2005. endurance in the Required measurement outdoor sport walk/run tool will capture the activities designed to completion times for improve their -Increased the shuttle run and strength,endurance distance in the endurance walk/run, and/or flexibility. softball throw and the distance the softball is thrown. Children will Children will 80%of children will maintain Improved score on Outcome to be participate in maintain or improve their nutrition the nutrition tool. measured the first activities to improve and/or knowledge by July 29, 2005. week of enrollment and nutrition knowledge. improve the last week of July, Children will be nutrition using the"What Do provided well- knowledge. You Know About The balanced meals and Foods You Eat"? snacks daily while Measurement tool. attending the summer program. Provider: City of Dania Beach 22 Summer Challenge 2005 Contract#: 05-2822 , rServices/ � Outcome monst hat ted Typ�of �cti�ities7 by Evaluations` Children/youth will Children will 80%of children will maintain -Improved Outcome to be participate in two(2) maintain or increase their math skills by recognition and measured the first hours,of math and/or July 29,2005. understanding of week of enrollment and enrichment activities improve math math concepts. the last week of July, per week using the skills. using the"Moving with "Moving with Math" Math"Placement Test curriculum to improve as a measurement tool. their mathematical literacy and skills. Provider shall ensure pre and post-testing is administered at the appropriate times using the approved tools, as described above. The Provider shall submit pretest data by June 20, 2005 and posttest data by July 29, 2005. Failure to conduct pre and post-testing and/or provide subsequent outcome data reports will result in a moratorium on Council funding for a period of 12 months. Reports shall include the total number of unduplicated children: • served by the program each month • terminated from the program each month • currently active in the program each month • served by the program, year to date • who are documented TANF eligible O attended water safety classes, year to date ® who have met the criterion for measurement for each outcome measure (minimum of 4 weeks of program participation) • who have achieved the outcome measures As applicable, Provider shall also report in narrative form, the reasons for non-acceptance into program, dropping-out and failures to achieve the outcomes, as well as describing any factors that affected outcome achievement or measurement during the summer. In addition, after the program has been monitored, the Provider shall complete and return the Monitor Evaluation forms, along with the final Summer Outcome Report due July 29, 2005. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. Provider: City of Dania Beach 23 Summer Challenge 2005 Contract#: 05-2822 EXHIBIT B: DAILY SCHEDULE C.W. THOMAS PARK RECREATIONAL CENTER 2005 P.O.W.E.R. SUMMER CAMP SCHEDULE TIME MONDAY TUESDAY , WEDNESDAY. ' THORSDAY FRIDAY 7:30`—8:30' Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Choice* Choice* Choice* Choice* Choice* 8:30—930 Moving With Moving With Moving With Moving With Journal Writing Math Math Math Math 9:30— 1100 Reading Reading Instruction Reading Reading Reading Can Instruction With With Teacher** Instruction Instruction With Bee Fun Teacher** With Teacher** Teacher** 11:00 11:30 Tutoring with Tutoring with Tutoring with Tutoring with Teacher*** Teacher*** Teacher*** Teacher*** Sizzling Science 11:30— 12:00` Lunch Lunch Lunch Lunch Lunch 1200'- 1:00 Physical Physical Physical Physical Physical Activities**** Activities**** Activities**** Activities**** Activities**** 1:00 2:00 Computers Swim Central is a 5 Field Trip/Cultural Swim Central is a 5 Field Trip wk program/then Art Activity wk program/then Fish in /Swimm ing Fish in /Swimmin 2.00—3:00 Music/Dance Computers Field Trip/Cultural Computers Field Trip Art Activity IRW3:00—4:00 Sports and Games Movie and Popcorn Field Trip/Cultural Cooking/Nutrition Field Trip Art Activity 4:00—4`:15 Snack Movie and Popcorn Snack Snack Snack 4:15—500 Free Movie and Popcorn Free Sports and Games Free Choice/Computers Choice/Computers Choice/Computers 5.00—6:00 Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy your friends***** your friends***** your friends***** your friends***** your friends***** Departure Departure Departure Departure Departure * Free Choice— includes board games, puzzles, blocks, reading. ** Reading Instruction with Teacher includes Read Aloud, journal writing and Reading Can Bee Fun program. *** Tutoring with Teacher includes individual and group tutoring. **** Physical Activities includes American Heart Association Hoops for Heart, President's Physical Challenge Activities, sports and games. '"Relax and Enjoy your Friends includes quiet time activities such as chat and relax, music, Free Choice. Provider: City of Dania Beach 24 Summer Challenge 2005 Contract#: 05-2822 FROST PARK RECREATIONAL CENTER 2005 P.O.W.E.R. SUMMER CAMP SCHEDULE TIME MON`DAY TUESDAY WEDNESDAY THURgbAY FR10AY 7:30—8:30 Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Choice* Choice* Choice* Choice* Choice* 8:30—9:30 Moving With Moving With Moving With Moving With Journal Writing Math Math Math Math 9:30— 11:00 Reading Reading Instruction Reading Reading Reading Can Instruction With With Teacher** Instruction Instruction With Bee Fun Teacher** With Teacher** Teacher** 11:00— 11:30" Tutoring with Tutoring with Tutoring with Tutoring with Teacher*** Teacher*** Teacher*** Teacher*** Sizzling Science 11:30 12`00 Lunch Lunch Lunch Lunch Lunch 12:00— 12:30 Physical Physical Physical Physical Physical Activities**** Activities**** Activities**** Activities**** Activities**** 12:30-'1:00 Physical Travel to PJ Meli Physical Travel to PJ Meli Physical Activities**** Park Activities**** Park Activities**** 1:00-2:00 Computers Swim Central is a 5 Field Trip/Cultural Swim Central is a 5 Field Trip wk program/then Art Activity wk program/then Fishing/ wimmin Fishing/Swimming 2:00—2:30 Music/Dance Return to Frost Field Trip/Cultural Return to Frost Field Trip Park Art Activity Park :30—4:00 Sports and Games Movie and Popcorn Field Trip/Cultural Cooking/Nutrition Field Trip Art Activity 4:00-4:15 Snack Movie and Popcorn Snack Snack Snack 4:15—5:00 Free Movie and Popcorn Free Sports and Games Free Choice/Computers Choice/Computers Choice/Computers 5:00-6:00 Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy your friends***** your friends***** your friends***** your friends***** your friends***** Departure Departure Departure Departure Departure * Free Choice— includes board games, puzzles, blocks, reading. ** Reading Instruction with Teacher includes Read Aloud, journal writing and Reading Can Bee Fun program. *** Tutoring with Teacher includes individual and group tutoring. **** Physical Activities includes American Heart Association Hoops for Heart, President's Physical Challenge Activities, sports and games. *****Relax and Enjoy your Friends includes quiet time activities such as chat and relax, music, Free Choice. • Provider: City of Dania Beach 25 Summer Challenge 2005 Contract#: 05-2822 • P.J. MELT PARK RECREATIONAL CENTER 2005 P.O.W.E.R. SUMMER CAMP SCHEDULE TIME MONOAY TUESDAY WED'NESbAY" THURSDAY FRIDAY 7:30—8:30 Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Breakfast/Free Choice* Choice* Choice* Choice* Choice* 8:30—9:30 Moving With Moving With Moving With Moving With Journal Writing Math Math Math Math 9:30— 11:00 Reading Reading Instruction Reading Reading Reading Can Instruction With With Teacher** Instruction Instruction With Bee Fun Teacher** With Teacher** Teacher** 11:00— 11:30 Tutoring with Tutoring with Tutoring with Tutoring with Teacher*** Teacher*** Teacher*** Teacher*** Sizzling Science 11:30— 12:00 Lunch Lunch Lunch Lunch Lunch 12:00— 12:30 Physical Physical Physical Physical Physical Activities**** Activities**** Activities**** Activities**** Activities**** 12:30— 1:00 Physical Travel to Frost Park Physical Travel to Frost Park Physical Activities**** Activities**** Activities**** 1:00—2:00' Sports and Games Computers Field Trip/Cultural Computers Field Trip Art Activity 2:00—2:30 Movie and Popcorn Return to PJ Meli Field Trip/Cultural Return to PJ Meli Field Trip Park Art Activity Park :30 4:00 Movie and Popcorn Swim Central is a 5 Field Trip/Cultural Swim Central is a 5 Field Trip wk program/then Art Activity wk program/then Fish in /Swimmin Fish in /Swimmin 4:00—4:15 Movie and Popcorn Snack Snack Snack Snack 4:15>—5:00 Free Choice Music/Dance Free Choice Cooking/Nutrition Free Choice 5:00—6:00 Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy Relax and enjoy your friends***** your friends***** your friends***** your friends***** your friends***** Departure Departure Departure Departure Departure Free Choice— includes board games, puzzles, blocks, reading. ** Reading Instruction with Teacher includes Read Aloud, journal writing and Reading Can Bee Fun program. *** Tutoring with Teacher includes individual and group tutoring. **** Physical Activities includes American Heart Association Hoops for Heart, President's Physical Challenge Activities, sports and games. *****Relax and Enjoy your Friends includes quiet time activities such as chat and relax, music, Free Choice. Provider: City of Dania Beach 26 Summer Challenge 2005 Contract#: 05-2822 0-Lb- qtd 0 1 tow FLORIDA Be4�k 7 AUTHORIZED SIGNATORY FORM TO: The Children's Services Council of Broward County The City Commission of the City of Dania Beach. Florida authorized (Name of Agency) Ivan Pato, City Manager to sign agreements, contracts and (Name and Title) invoices relating to grants from the Children's Service Council on behalf of e City of Dania Beach Florida. the X (Name of Agency) -7 i- Below is a sample of the sigpature authorized by the City Commission. Auth'rized Signature May r' 12005 Mayor of the City of Dania Beach, Florida "Broward's First City" Agenda Request Form City of Dania Beach Agenda Item-iF 7,z 5'02 Date of Commission meeting: 2/9/2005 Description of Agenda Item: Children's Services Council Summer Challenge Grant Application Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other(Please explain) F Summary explanation and background -- Authorize proper City officials to apply for, accept if awarded and execute an agreement with Children's Services Council for the 2005 Summer Challenge Grant. In conjunction with a grant award, authorization to enter into an agreement between After School Programs, Inc. and the City of Dania Beach to provide • staffing services, which include advertising, interviewing, screening, testing, and training. Agreement with After School Programs, Inc. is contingent upon award by Children's Services Council. 17 Attached exhibits and additional backupiiaterials (Please list):` Summer Challenge Grant Application -electronic attachment Resolution - electronic attachment For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by: btemchuk Date: 1/31/2005 Department Director: btemchuk Date: 1/31/2005 Admin. Services Director: Date: ..--� • 1. I �.-. Finance Director: ( -- Date: City Manager: Date: �/ �, i k l t k pyy y , S � p r S �f ATTACHMENT I F7� f4, ° r 4,� 44 C o m m o.-Un r n t A p p PC.;a o n i A y � i � f f g � t pas n Summer Program Challenge 2005 1 RFP#05-PS-017 i 4 , TILDRE S ATTACHMENT SERVICES i ;,7 SUMMER CHALLENGE 2005 COUNCE f DATA INPUT FORM f 831 S7 Agency Name Start-Up Amount Requested Operating Amount Requested + Total Amount Requested #To Be Served Average Cost Per Child *Total Amount Request "Divided By" Number to be Served Description of Program *50 word nrnnrnm descri tion Agency Headquarter Address *include city and zip code Service Site Addresses *include site name, street address, city and zip code for each proposed location. Population to be served * i.e. Special Needs, General Population, etc. Name of Partner(s) *if applicable Summer Program Challenge 2005 RFP#05-PS-017 I E e ATTACHMENT I Application for Funds q Common Grant Application for Human Services in Broward County this edition distributed by: • Children's Services Council of Broward County Summer Program Challenge 2005 Part I Section A: Applicant Agency Information: Cover Sheet 1. Agency Legal Name: 2. Main Administrative Address: 3. City& State: 4. Zip Code: 5. Telephone Number: 6. Fax Number: 7. CEO/Executive Officer: 8. Office Phone Number: 9. Chief Financial Officer: 10. Office Phone Number: 11.Agency Contact Person: 12. Office Phone Number: 13. Contact e-mail address: 14. Contact fax Number: 15. Type of Entity: Corporation Private for-Profit Private Not-for-Profit Unit of Government Federal State County City Other: 16. Licensed to do business in Florida? 17. Federal Identification Number: Yes; _No; N/A. Section B: Program & Budget Information 18. Target Population: General Population Special Needs Inclusion 19. Total unduplicated #to be Served: Ages to be Served:❑ 3-5 ❑ 6-10 ❑ 11-13 ❑ 14-17 ❑ 14-22 20. Total Amount of Request $ + Total Match $ = Total Program Value$ Section C. Certification of Accuracy and Compliance 21. 1 do hereby certify that all facts,figures, and representations made in the application(s)are true and correct. Furthermore, all applicable statutes,terms, conditions, regulations and procedures for program compliance and fiscal control, including but not limited to,those contained in the Bid Solicitation and Core Contract will be implemented to ensure proper accountability of contracts. I certify that the funds requested in this application(s)will not supplant funds that would otherwise be used for the purposes set forth in this project(s)and are a true estimate of the amount needed to operate the proposed program(s). The filing of this application(s) has been authorized by the contracting entity and I have been duly authorized to act as the representative of the agency in connection with this application(s). I also agree to follow all Terms, Conditions,and applicable federal and state statutes. Further, I understand that it is the responsibility of the agency head to obtain from its governing body the authorization for the submission of this application. Evidence of this authorization must be provided within 21 days of notice of award. I further understand that such contract award may be rescinded for failure to provide such documentation. Lastly, I hereby attest that all work contained within this proposal is the unique and original product of the agency I represent, and has not been plagiarized or duplicated in any way from another agency's work product. Print Authorized Official's Name Authorized Official's Title Authorized Official's Signature in Blue Ink Date Summer Program Challenge 2005 3 RFP#05-PS-017 Part II Section A. Organizational Capability 22. Provide a concise description of the Agency, including its history, years of operation, general service mission, and • primary services provided. Your response is limited to 250 words (approximately one half page). 23. Is the Agency accredited? _Yes, _ No. If yes, by whom: ; Level of Accreditation: Period of Accreditation: 24. Is the Agency certified by the Broward County Program Development Research and Evaluation Division? Yes, _ No. If yes, what is the expiration date? If no, has the agency begun the licensing process? Y or N 25. What is the Agency's fiscal year? Beginning: Ending: 26. Attach a copy of your most recent financial audit to your application completed by a CPA registered to do business in the State of Florida and conducted in accordance with Generally Accepted Accounting Principles. Smaller agencies (those agencies with annual revenues less than $300,000) may submit unaudited compiled financial statements prepared by a CPA. See RFP, Section III.D for fiscal requirements. 27. Does the Agency carry comprehensive general liability insurance? ❑Yes, ❑No. If yes, state the amount: $ If no, or if the amount is less than $300,000, the Agency must agree to purchase a minimum of $300,000 comprehensive general liability insurance prior to contract execution. Affirm Yes or No. 28. Does the Agency carry the following types of insurance? Yes No Amount of Coverage Professional Property Auto Please indicate whether your agency will be transporting children: ❑Yes or ❑ No 29. Provider Service History: ❑ Previous Summer Program Provider ❑ Existing After School Provider ❑ Provider of other Council programs 30. If applicable, please attach any previous monitoring reports for similar services completed within the past twenty- four(24) months. Previous monitoring reports for Council-funded Summer or M.O.S.T.programs must be attached. If not applicable, please include a statement to that efect. • Summer Program Challenge 2005 4 RFP#05-PS-017 31. If you have received funding for similar services please indicate the funding information in the chart below. Add or delete rows as necessary. Funder Amount Contract Period mm/ —mm/ Section B. Organizational Capability 32. Describe the Agency's experience, if any, in providing summer program services to the proposed population (Limit your response to %page). 33. Describe the population to be served including race/ethnicity, geographic factors, risk factors, etc. If serving children and youth with special needs and/or adolescents, tailor your response specifically to those populations. Include discussion as to why you selected your particular youth population and their needs for summer programs. Describe how you determined number of children to be served and why. Limit your response to 250 words (approximately% page) 0 34. Describe program participant eligibility by answering each of the following four questions: a. Gender: ❑No restriction, []Male only, ❑Female only b. Age: ❑ No restriction, or, _years to years (specify exact range) c. Income: ❑ No restriction, or, ❑Below a given % of the federal poverty level: 0100% ❑133% ❑l50% ❑l85% ❑200%, or ❑Other(specify income criteria): d. Residence: [—]No restriction, ❑Broward County, City: ❑Other (specify area): Section C. Service Information 35. List the specific services to be provided by this requested program and the number of participants that will receiv( each service. Note that the number of participants served can be a duplicated number, but not within the same service. Participants can receive more than one service. Lines may be added, if there are additional services in thi proposed program. Summer Program Challenge 2005 5 RFP#05-PS-017 f t I ' Service Name and Description #of Participants i to be served E 36. Program Intent:What do you hope to accomplish, if funds are provided? If children and youth with special needs or adolescents,describe in detail what program strategies will be used to meet the needs of those populations (See RFP, Section I I.A). If serving. Limit your response to 250 words (approximately %2 page). 37. Where will the services be provided? Identify specific address for office locations, schools, parks, churches and/or community centers. Explain how the youth will access the program(s)at the site(s)selected. Limit your response to 250 words (approximately %2 page). 38. When will the services be provided? Identify the days of the week and hours of operation. How does the schedule meet the needs of children, youth and families? Limit your response to 250 words (approximately %2 page). 0 39. A sliding fee scale is required. Explain how such a scale will work within your program. Demonstrate your understanding of the benefits of using a sliding fee scale, and any barriers that you may anticipate. Limit your response to 250 words (approximately %2 page). Summer Program Challenge 2005 6 RFP#05-PS-017 ! ( Q o E £ Co � � ■ o > CL •- � £ \ k kk _ C: ./ _ g \ � E E $ o � ■ 0- / § � 5 / 0 2 � a y � f . 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Budget 42. Program Budget Summary EXPENSES 1. 2. 3. 7 Requested: Other Total Funding Funding (1 + 2) (Match Amount) A. PERSONNEL EXPENSES 3 H "._ �'"` ter° , ,. d �� ' _ x "•" " 5h,i 1. Salaries 2. Fringe Benefits Subtotal Personnel B. NON PERSONNEL EXPENSES : , 4 � 3. Travel 4. Space & Utilities 5. Communications 6. Printing & Supplies 7. Shipping & Postage 8. Professional Fees4 ;f e z, a• 9. Cultural Arts /Value Added Components 0 10. Other(specify) Sub-total Non Personnel Subtotal Operating Expense C. ADMINISTRATIVE COSTS (up to lo%of above) Total Operating Expense D. START UP EXPENSES (if applicable) TOTAL EXPENSES E. MATCHING CONTRIBUTION (12.5%required) Amount ,. 1. Cash ; 2. In-Kind (Describe) ,A Summer Program Challenge 2005 ]1 RFP#05-PS-017 43. Budget Narrative for Start Up Funding (If being requested) NOTE: Proposals with multiple sites must complete separate budget forms for each site. Provide a detailed narrative description justifying each individual line item of every expense category that is included under the "Start Up" category in the Requested Funding column of#42 Program BudgetSummary. EXPENSE $ AMOUNT JUSTIFICATION • Summer Program Challenge 2005 12 RFP#05-PS-017 44. Budget Narrative for Requested Program Operations Funding NOTE: Proposals with multiple sites must complete separate budget forms for each site. 0P�rovia detailed narrative description justifying each individual line item included in every expense category that is represented by an amount in the Requested Funding column of#42 Program Budget Summary. EXPENSE $ AMOUNT JUSTIFICATION Summer Program Challenge 2005 ]3 RFP#05-PS-017 45. Budget Narrative for Match Contribution (if required) NOTE: Proposals with multiple sites must complete separate budget forms for each site. 4 Provide a detailed narrative description justifying each individual line item of every expense category included under the "Matching Contribution" category in the "Other Funding (Match Amount)" column of#42 Program Budget Summary. Also identify the source of the funds in this Justification column.. EXPENSE $ AMOUNT JUSTIFICATION/SOURCE Summer Program Challenge 2005 14 RFP#05-PS-017 46. Unit Cost Budget / Reimbursement Summary Define each Unit of Service for this proposal, identify the cost of providing each unit, and how many of each unit will be provided for the contract period. ® Service Name - Unit of Service Unit Cost # of Units $ Amount a. One Day of Summer Program Per Child b. Transportation (if applicable) c. Cultural Arts /Value Added (This total should equal the Total Expenses in Column 1 on Form 28,Program Budget Summary) Total $ Provide the calculations and rationale used to determine the number of units provided and number proposed. Your response is limited to 250 words (approximately Y2 page). PART III. ADDITIONAL COMMON GRANT APPLICATION REQUIREMENTS 47. If a Not for Profit, or, For Profit Organization, CEO/Executive Director's salary: If a Unit of Government, program Director's salary: $ 48. Provide a copy of your organizational chart and indicate where the proposed program reports within your organizational chart. Position responsible for the direct supervision of summer programs staff should be clearly noted. 49. Has the Agency been (a) sanctioned for non-compliance or (b) placed under corrective action, with any contract, within the past two (2) years? _Yes, _ No, If no, then simply provide a statement of no sanction. If yes, please identify the funding organization, provide a summary explanation of the circumstances in the space below, and attach copies of the report to your application. 50. Please describe any litigation or regulatory action filed against the Agency in the last three (3)years, including case name, case number,court name, current status. If none has been filed, then simply provide a statement of no litigation. • Summer Program Challenge 2005 15 RFP#05-PS-017 51. If applicable, describe how proposed services will be located in one of the Mandatory Priority Areas, RFP Section II.B. Explain in detail the planning and coordination efforts made to secure a location in one of the priority cities, and how children residing in the priority areas will be recruited. 52. Please explain how transportation needs will be addressed,and how will families access the program's services? Limit your response to 250 words (approximately % page). 53. How will you ensure that the children in your program receive opportunities for cultural enrichment? Describe types of such activities you intend to provide, how will the children benefit from those activities and any past experience you have had in this area. Limit your response to 250 words (approximately Y2 page). 54. Explain how your program will meet the nutritional needs of the children. Describe the snacks/meals you intend to provide (be specific) and explain how you will incorporate .positive nutritional teaching within the context of your summer program. Demonstrate your knowledge of USDA guidelines and whether or not your program would qualify for USDA • subsidy. Be sure to include these activities in the schedule required by question 59. Limit your response to 250 words (approximately Y2 page). 55. The Council has a strong desire to increase the literacy skills of children in our community. Explain in detail how your program will deliver the one-hour daily reading requirement. Describe how interactive reading materials will be used, and how you will ensure an adequate number and variety of those materials for children in your program.Your response should demonstrate your ability to be creative and engaging with this reading component. Be sure to include these literacy activities in the schedule required by question 59. Be specific in your response. Limit your response to 500 words (approximately one page). 56. Explain in detail how your program will provide the two-hour weekly mathematics requirement and discuss in your own words why a math component would be beneficial to children during the summer months. Describe how you will use professional teachers to deliver the math curriculum appropriately. Explain the steps you will take to ensure that every youth served will receive a pre/post math skills test as provided,and your internal controls to ensure that test results are accurately scored and reported. Be sure to include these activities in the schedule required by Question#59. Be specific in your response. Limit your response to 500 words (approximately one page). Summer Program Challenge 2005 16 RFP#05-PS-017 57. Explain in detail how your program will provide fun and age appropriate daily physicalfitness activities. Your response should reflect a variety of modalities including individual orgroup activities designed to spark interest. Demonstrate how the fitness activities will be delivered and meet the requirements to increase strength, endurance and/or flexibility in children. Describe how nutrition education will be delivered and integrated into the overall program design. Be sure to specify fitness approaches in your activities schedule required by Question #59. Limit your response to 500 words (approximately one page). 58. Will your program incorporate water safety instruction? If so, please describe how these services will be provided, the frequency, and benefits to the youth. If not, explain why a swimming component may not be feasible for the children you serve. Limit your response to 250 words (approximately Y2 page). 59. Attach a detailed list of cultural arts opportunities, field trips/outings, and other planned outings. Your response should incorporate information provided in the Broward County Cultural Arts Directory available by contacting the Broward County Cultural Arts Division at 954-357-7457, see RFP Section ILA The directory may also be viewed on the Internet at http://www.broward.org/arts/publications/aeOl.pd . 60. Attach a schedule that reflects a week of summer activities(be specific)by day that makeup a typical week of summer camp. Copies of the following must be provided prior to contract execution, but do not need to be attached to theapplication: Americans with Disabilities Act Policy Client Non-Discrimination Policy Certificate as Corporation licensed to do business in Florida Certified Minority Business Enterprise Letter of Designation for Signatory Authority form provided upon request) Drug Free Workplace Certification Equal Employment Opportunity/Affirmative Action Policy Internal Revenue Service letter certifying 501 c 3 status if NPO List of Board of Directors Summer Program Challenge 2005 17 RFP#05-PS-017