HomeMy WebLinkAboutR-2005-041 MOST Grant RESOLUTION NO. 2005-041
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
M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME) GRANT PROGRAM;
ENTERING INTO AN AGREEMENT BETWEEN AFTER SCHOOL
PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION
WITH THE GRANT AWARD, TO PROVIDE AFTER SCHOOL PROGRAM
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 DO 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 111, 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 M.O.S.T. (Maximizing Out-of-School Time) grant
program offered by the 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 Fiscal Year 2005-2006 after school recreational
program, which will coincide with the Broward County School year, including early release days,
and"no school" days; and
WHEREAS, the grant will provide up to 87.5% of the total costs for the programs with a
match from the City in the form of in-kind services of no less than 12.5%; and
WHEREAS, the City Manager has recommended that the initial contract with After
School Programs, Inc. be contingent on award of the M.O.S.T. grant and provided for a term of
16 one year, with the option to renew for an additional one year period;
NOW, THEREFORE, DE 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 M.O.S.T. 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 March 9, 2005.
C.K. MCELY
MAYOR—C&MMISSIONER
ATTEST: ROLL CALL:
_ \ COMMISSIONER CHUNN - YES
COMMISSIONER FLURY -YES
LOUISE STILSON COMMISSIONER ANTON - YES
CITY-CLERK VICE-MAYOR MIKES —YES
MAYOR MCELYEA - YES
APPROVED AS TO RM ND CORRECTNESS:
BY: I
THdMAS)J.'AN§AR6
CITY ATTORNEY
2 RESOLUTION #2005-041
Agenda Request Form
City of Dania Beach
Agenda Item:
Date of Commission meeting: 3/9/2005
Description of Agenda Item: Children's Services Council M.O.S.T. Grant Application
Commission action being requested:
Adopt Resolution or Ordinance 0 Expenditure ❑ Award BID / RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other(Please explain) M
Summary explanation and-background
Staff seeks approval to apply for, accept if awarded and have proper City officials execute agreement
of the Children's Services Council M.O.S.T. grant 2005/2006 and to enter into an agreement with
• After School Programs Inc. to provide staff and program management_This grant application will
profvide up to 87.5% funding of our P.O.W.E.R. (Positive Outlooks With Educational Rewards)After
School Program. The additional funding will be provided by the LLEBG and LETF funds.
Attached exhibits and additional backu'pi materials (Please list):
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: 3/1/2005
Department Director: btemchuk Date: 3/1/2005
Admin. Services Director. Date:
• Finance Director: pvarney Date: 3/1/2005
City Manager: ipato Date: 3/1/2005
AGREEMENT
Between
Children's Services Council of Broward County
and
City of Dania Beach
for
Maximizing Out of School Time #05-2823
PROGRAM CONTRACT NUMBER
This Agreement, entered into this 1st day of July, 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 July 1, 2005 through September 30, 2006
("Initial Term"). The Agreement may be renewed for up to two (2) additional years
comprising of one year periods, respectively from October 1 2006 through September
30, 2007, and from October 1, 2007 through May 31 2008, each individually referred to
as a "Renewal Option Period," at the end of the term at the sole option of the COUNCIL.
The Initial Term and both Renewal Option Periods shall be collectively referred to as the
"Agreement Term."
In the event that the COUNCIL does not exercise a Renewal Option Period as stated
above, the COUNCIL may extend the existing Agreement for a period not to exceed nine
(9) months. Such extensions shall be exercised at the sole discretion of the COUNCIL
in a written Amendment to the Agreement, changing the end date of the Agreement.
The Amendment for extension shall be duly executed by the COUNCIL.
PROVIDER understands and acknowledges that the initial funding will only be for the
Initial Term stated herein. This Agreement is renewable for two (2) contract renewal
periods, at the sole discretion of the COUNCIL, contingent upon but not limited to the
following:
a. Continued demonstrated and documented need for the services or priority
area of funding,-
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
1
b. Satisfactory program performance by PROVIDER; and
c. The availability of funds 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:
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 WORK
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.
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 maximum amount payable by COUNCIL to PROVIDER for the term under
this Agreement shall be $165,5.72.00 ("Contract Amount")
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
2. PROVIDER agrees to provide a Match in the amount of 55 528.40 period of
July 1, 2005 through September 30, 2006, in accordance with the Requirements
specified in the Application for Funding, 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 (101h) 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 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 invoice for the end of our fiscal year, September
2005 and September 2006 for payment to the COUNCIL no more than fifteen
(15) days after the last day of each month 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
Provider: City of Dania Beach
M.C.S.T. 2005
Contract#: 05-2823
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.
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.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
4
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.
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 and unless otherwise prohibited by the law),
information on overall Client demographics which includes social security
number, 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.
Provider: City of Dania Beach
M.O.S.T.2005
Contract#:05-2823
5
e. Client Outcome Report: The PROVIDER shall submit a Client Outccn e
Report, format to be provided by the COUNCIL, completed for each service
program component each semester, 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 prior to the
end of the contract.
3. OTHER REQUIREMENTS:
a. INTERNAL DOCUMENTATION
PROVIDER agrees to maintain the following, as applicable: (1) personnel
files including hiring records, 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 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.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
6
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
r that smoking not be permitted in any portion of any indoor area 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 IV-E 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.
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.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
7
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 maybe 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 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.
Provider: City of Dania Beach
M.C.S.T. 2005
Contract#: 05-2823
s
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
M.O.S.T. 2005
Contract#: 05-2823
9
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 to the Director of
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
10
Program Services within twenty-four (24) hours of the incident, or receipt
of such information.
XVI11. 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).
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
11
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 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.
Provider: City of Dania Beach
M.O.S.T.2005
Contract#:05-2823
12
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 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.
Provider: City of Dania Beach
M.O.S.T.2005
Contract#: 05-2823
13
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 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
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
14
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.
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 31 page contract, inclusive of Exhibit A and Exhibit B, is hereby executed as
follows:
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
15
Approved as to form by:
JOHN MILLEDGE, ESQ.
Republic Tower, 110 S.E. 61h Street, 151h Floor
Fort Lauderdale, Florida 33301
Telephone: (954) 761-8640
Fax Number: (954) 761-8979
John Illedge, Esq.
PROVIDER: COUNCIL:
City of Dania Beach Children's Services Council of
Broward County
SIGNED .. , // SIGNED
BY: 6
NAME: Ivan Pato NAME: Carole Andrews
cTITLE: City Manaclir TITLE: Chair
DATE: �r � ' ,t%J DATE:
/Provider Federal Identification 50• 6- 000302
Attachment: Exhibits A and 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 '✓ _ 2005 by_
96'14N PIT as el 1n,!A;A of A 4qi c �
(Name of Signatory) (Title) (Name of Entity)
a P7t)N/c?•1 i?At- on behalf of the corporation/entity. He/She is _
(Type of Entity)
personally known to me or produced identification. Tpe of identific1tiioon produced:
Notary PuWjc—State of Florida
J!Print Name: C v; E I L 1�0 1
(Seal)
My commission expires:
` r MY COMMISSION Ott DD 80068
Provider: City of Dania Beach _ EXPIRES:January 10,2006
M.O.S.T. 2005 ar r
o, ' 6onWdPruwyPubkunoew z
Contract#: 05-2823
16
EXHIBIT A
SCOPE OF WORK
Agency Name: City of Dania Beach
Program Name: Maximizing Out-of-School Time (M.O.S.T.) 2005
Contract #: 05-2823
I. Method of Service Delivery
The Provider shall provide year-round after-school/non-school hours programming for
school age youth which will:
Provide a safe, positive environment for youth which shall enhance
academic achievement, support social development and strengthen youth
relationships with adults and peers within the context of their families,
schools and communities, strengthen youth protective factors and reduce
risk factors.
As a Maximizing Out-Of-School Time (M.O.S.T.) Program for School Age Youth, the
program shall incorporate best practices and offer an array of academic, social,
recreational and cultural activities geared specifically toward the interests and abilities of
the target population. The Provider shall incorporate key features of successful, quality
after-school care programs; such as;
• Neighborhood- based care that, is easily accessible for youth of all ages and
their parents.
• A safe haven which protects youth from negative peer pressures and
victimization.
• Engaging age-appropriate activities involving peers who provide for social
recreation and cultural enrichment.
• Caring, well-trained and consistent staff.
• A minimum ratio of 1:15 for general population students in kindergarten through
high school and a 1:10 ratio for students in pre-kindergarten Students with
special needs may require lower staff to student ratios depending on the
individual. This allows for the development of close bonds between the youth
and an adult.
• Academic interventions which provide remediation and enrichment.
• In addition to homework assistance/ career exploration and job skills training for
adolescents.
• Life Skills/Social Competence training to promote positive youth development
(conflict resolution, anger management, resisting negative peer pressure, anti-
bullying, substance abuse prevention strategies, etc).
• Community service components which provide youth with opportunities to take
a positive role in his/her community.
• Parent/Guardian involvement and engagement.
• Mentoring opportunities.
• Scholarships/Financial incentives to encourage long-term goals.
Provider shall provide services that accomplish the following:
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
17
1. Youth will maintain/achieve improved school performance, homework
completion, study habits, attendance and behavior.
2. Youth's peer relationships will be more positive and free of drugs, violence,
gangs and delinquent associations.
3. Youth will be involved in pro-social activities that enhance their educational,
social, recreational and life skills.
4. Youth will improve their health and physical fitness.
5. Youth protective factors will be increased.
6. Youth risk factors will be reduced.
7. Youth's attachment to community will be strengthened.
A. Program Intent
The main goal of P.O.W.E.R. (Positive Outlooks With Educational Rewards) After
School Program is to provide Collins Elementary School students with the
opportunity to enhance their educational, social and cultural skills, and physical
endurance in a safe and secure environment. In turn, Collins Elementary School
shall have the opportunity to increase their grade, which is currently a "C." This shall
be done through a daily schedule that shall include reading, math, tutoring,
homework help, social skills training, cultural enrichment, community service
activities, physical endurance instruction, computer skills, cooking, as well as
mentoring with grandparents and a seniors group.
The City of Dania Beach shall contract services with After School Programs, Inc. for
staffing of the program. Certified teachers shall provide daily tutoring, homework
assistance, remediation and/or academic enrichment activities. The teaching staff
shall be supported by after school counselors. Physical fitness shall help children
develop "healthy" life-long physical fitness and nutritional habits. Computer lab time
shall provide youth with the opportunity to use educational software to enhance
reading, math, and social skills. A weekly cooking class shall be offered to enable
children to improve reading skills, their ability to work in groups (cooperation),
knowledge about nutrition information, and pride in their accomplishments.
A Junior Achievement business component shall be offered to children in each grade
level on a weekly basis. Junior Achievement's program is an economics and
business curriculum that teaches children about the free enterprise system. This
program shall further promote literacy and integrate other areas of the curriculum into
the children's learning experience.
B. Target Population
Target populations for the M.O.S.T. Programs are youth who are NOT participating
/enrolled in other out-of-school time year round programs, AND who are
(1) children of low income families in the general population,
and/or
(2) children with special needs.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
18
The program shall serve children of the following ages and populations:
General Population
Ve oung Children A es 3 to 5
Young Children A es 6 to 10
Early Adolescents Ages 11 to 13
The Provider shall provide services to the following population(s):
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.
Council-funded programs are intended to serve economically disadvantaged children
and adolescents. Students attending public schools with free and reduced lunch
percentages of 60% and higher are likely to be from low income households. These
families are less likely to be in a position to afford quality after school programming
and providers are less likely to be in a position to offer scholarships for these
students. Programs serving children in the General Population must serve children
attending these schools and/or residing in these target communities.
The Provider shall extend the concept of "inclusion" by providing services to children
with disabilities during the course of administering M.O.S.T. programs to the general
population; to the extent that services can be provided in a safe environment, and
incorporating as many of the critical factors for successful inclusion as possible, as
delineated in the Request for Proposal. "Inclusion is defined as the process and
• practice of educating students with disabilities in the general education classrooms of
their neighborhood school, with the supports and accommodations needed by that
student."
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
19
C. Service Delivery
Core Services
Program Services shall be provided to address the specific needs of clients. They
shall include:
y s
� + Service Name and Description a Participants
Daily Academic Activities - Minimum of 60 minutes per day of 75
tutoring, homework assistance, remediation, and/or academic
enrichment activities. Program staff shall be in contact with
school teachers to provide homework information, areas needing
improvement and general information. Academic assistance and
enrichment activities shall include literacy, writing, and computer
technology. Supplies such as paper, pencils, dictionaries and
calculators shall be readily available. Homework logs shall be
used to record youth's assigned homework and indicate need for
additional assistance. If there is no assigned homework, children
shall spend their time engaged in quiet developmentally
appropriate enriching literacy activities that include silent reading,
word building puzzle cards, phonics tiles, writing activities, and
educational computer programs. The Program shall also include
additional enriching, educational components which include Book
Clubs, Recipe for Writing and Character Education.
Physical Fitness - Minimum of 30 minutes per day of structured 75
physical fitness activities which meets the recreational needs of
the population. The fitness component shall be planned using the
SPARK curriculum. Children shall be grouped according to their
grade level and assigned a specific outdoor area. Field trips
taken during the school year such as roller skating, ice skating,
bowling, and The Sports Mall shall further promote physical skills.
Social Skills Building — Social skills activities and/or activities to 75
improve social and adaptive behavioral functioning or daily living
skills, shall be planned using the Heartwood Curriculum for
children in K-2, and the "Start Something" Program for children in
grades 3-5, both literacy based curriculums which shall improve
social skills and interactions with peers and adults; delivered one
(1) time per week for a minimum of 30 minutes per activity. A
recognition box shall be used to praise children for demonstrating
positive social skills. All programs shall also have a Kid of
Character from each grade level acknowledged weekly.
Incentives such as Barnes and Noble gift cards shall be
presented to children that achieve Kid of Character.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
20
Y C c. 4 1„fi
�,a-s �'
$ennce Name and Descript ion �,� PartIV all
be served
Cultural Arts Education- A minimum of nine (9) cultural arts 75
activities shall provide children with opportunities and
experiences, such as, participation in drama or dance classes,
painting, cultural music activities and story telling. Children shall
participate in workshops that focus on creative art expression and
hands-on science experiences, in addition to interactive shows
that help reinforce and enhance social skills, literacy, music and
multiculturalism. Field trips on non school days shall include
visits to The Seminole Native Village, Museum of Discovery, and
Buehler Planetarium, among other trips.
Community Service - Community service opportunities shall be 75
provided that will help the children feel a stronger sense of
connection to their communities. Elementary programs shall
participate in a minimum of three (3) projects per school year.
The President's Volunteer Service Award program shall be used
as an incentive for children. Children shall partake in the pride
and ownership of C.W. Thomas Park through weekly park clean
up, surveying the park to determine where a butterfly garden
would best beautify the area, researching various plants and
flowers for this garden, cultivating the soil, preparing for plantings,
installing all plant materials, and weekly upkeep of the butterfly
garden.
Parental Involvement—A minimum of six (6) parental 75
involvement activities shall provide children and parents with
opportunities to bridge the communication gap between the
school and home. The Program shall hold open houses, ice
cream socials, and bar-b-clues, inviting parents/guardians to visit
the P.O.W.E.R. After School Program. In addition, incentives
(such as a gift certificate to Barnes & Noble) shall be given to the
children whose pare nt(s)/guardian(s) attend the family events.
Parents shall be encouraged to become involved in the
community service projects.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
21
#of
�" � `ih Service Blame and Descriptions ; `' Participaa�ts
Nutrition — The children's nutritional needs shall be met with the 75
provision of breakfast, snack(s) and lunch which meet the USDA
guidelines. The Program shall serve fresh, well-balanced snacks,
such as fresh fruit, cereal bars, granola bars, crackers, dairy
products, juice, and water. Developmentally appropriate
nutritional materials shall be available to help children learn about
the Food Pyramid and Food Groups. Each week, children shall
be involved in preparing a healthy cooking project and creating a
Kidz Cookbook. Each week a new recipe shall be added and
taken home on a monthly basis.
The Provider shall ensure that a certified teacher (current, temporary or past
certification) is employed for every thirty (30) children in the program.
D. Service Locations:
The Provider shall provide after-school/non-school hours program services at the
following location(s):
C.W. Thomas Park Recreation Center
800 N.W. 2"d Street
Dania Beach, FL 33004
Provider shall provide the Council with a written statement from the site owner to the
Provider authorizing use of the site for the program. Site changes are subject to
Council approval.
E. Dates/Days/Hours of Operation:
The Provider shall operate the after school care program from 8/8/05 through
09/30/06, Monday through Friday, on all school days (inclusive of early release
days, school holidays, and teacher planning days) in accordance with the School
Board of Broward County's official school calendar. Daily hours of operation
shall be from 2:00 p.m. through 6:00 p.m. On early release days, the hours of
operation shall be extended to ensure that youth are served immediately upon
their release from school. *For the children in year-round school, the Provider
shall follow the year round school schedule. On school holidays and teacher
planning days, the hours of operation shall be from 7.45 a.m. to 6:00 p.m.
Schedule of Activities:
The Provider shall provide after-school/non-school hours program services
according to the schedule of activities, as indicated in Exhibit B.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
II. Staff Qualifications
Staff positions, qualifications and duties shall be as follows:
4t
#ax Position s Education Experie}nce Duties %of erne
+S T^f M * S. 5'i''• t i .,ryt,G 5
t devoted
1 Parks and Master's Degree 10 year Oversee After School 20%
Recreation minimum in Programs, Inc. to ensure In-Kind
Director Recreation all aspects of grant
(In-Kind) requirements are being
met.
1 Computer Bachelor's Degree 2 years ?and
ntenance and 10%
Technician minimumrades of computers, in-Kind
(In-Kind) ters, programming,
the internet.
1 After School Master's Degree 15 years oranize, plan, and 10%
Programs, Inc. more ervise the educational
Administrator recreational
rams; site visitation
staff meetings.
1 After School Bachelor's Degree, One year Assist Director of 100%
Programs, Inc. or CDA, or AA minimum Education with
Site Director Degree, or 60 supervisory
college credits with responsibilities of all
6 credits in early counselors and children
childhood attending program.
education. Ensure all program
ASP Management activities are implemented
Training, 40 hour by counselors. Plan and
child care training, prepare schedules and
and CPR certified. daily activities. Supervise
children and staff at all
times.
5 After School H.S. diploma Previous child Responsible for direct 100%
Programs, Inc. 40 hour child care care supervision of children
Counselors training,ASP experience and implementing all
training,and CPR program activities
certified.
1 After School Bachelor's Degree, 1 year Administration, record 1000/0
Programs, Inc. 40 hour child care minimum keeping, coordination of
Grants training,and ASP data collection, and
Administrator Management organization of
training performance data and
invoicing.
3 After School Bachelor's Degree 1 year or more Assist students with 1000/0
Programs, Inc. and tutoring, implement both
Teachers Teacher's reading and math
Certification components of summer
camp program.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
''3
# �z `Position Education: Experience Duties time
k.� � � devoted ..
�,: q-;z '�n. k r �ti r � to the
- prog rarf":
1 After School Bachelor's Degree, 3—5 years Actively supervises the 20%
Programs, Inc. or CDA, or AA with company site to ensure program is
Area Coordinator Degree, or 60 (3 years operating using best
college credits with experience as practices.
6 credits in early Site Director)
childhood
education-, 40 hour
child care training
III. General Operating Information
A minimum of 75 unduplicated children shall be served during the period of August 8,
2005, through September 30, 2006.
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 Child Care Licensing and Enforcement Section's 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
A. The Units of Service are defined as follows:
After School Unit
One (1) unit of MOST after school care service is defined as a
minimum of two (2) hours and a maximum of six (6) hours per day
of after school care on regular school days and on early release
days.
■ Non-School Day Unit
One (1) unit of MOST non-school day services is defined as six
(6) or more hours per day. Non-school units occur when school
is closed for teacher planning days or school holidays, including
Winter and Spring breaks.
B. The maximum number of units to be provided under this contract is as
follows:
August 8, 2005 through September 30, 2005.
2487.901 Units of MOST After School services (invoice type #9220 GP)
at $9.34 not to exceed 23 237.00.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
24
On a case by case basis with prior written Council approval, children
with special needs who are served with lower staff to child ratios in an
inclusive environment may be billed at a unit rate of 1.5 units.
Total for all units of service for FY 04/05 not to exceed: 23 237.00.
October 1, 2005 through September 30, 2006.
11,479.757 Units of MOST After School services (invoice type #9220
GP) at $7.41 not to exceed 85,065.00.
1560 Units of MOST Non-School Day services (invoice type #9221 GP)
at $20.00 not to exceed $31,200.
On a case by case basis with prior written Council approval, children
with special needs who are served with lower staff to child ratios in an
inclusive environment may be billed at a unit rate of 1.5 units.
Total for all units of service for FY 05/06 not to exceed: $116,265.00.
Total for all units of service combined under this contract not to exceed:
$139,502.00.
"Note that extended decimal places are necessary to account for partial
units and ensure accuracy of dollar calculations.
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 for FY 04/05 shall not exceed: 12 525.00. The maximum amount of
start-up funds to be paid for under this contract for FY 05/06 shall not exceed:
12 525.00. The total maximum amount of start-up funds to be paid for under
this contract shall not exceed: 25 050.00.
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 Scope of Work for
units of services shall not exceed $139,502.00, detailed in the Section IV.
Units of Service, Section B.
Provider: City of Dania Beach
M.O.S.T.2005
Contract#: 05-2823
25
3. Flex Funds: Flex Fund expenditures (unit # 8010) shall be on a cost
reimbursement basis. The Council will pay the provider for allowable Flex
Fund 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 or prior to the
termination date of the contract are eligible for payment. The maximum
amount of Flex Funds to be paid under this contract for FY 04/05 shall not
exceed: $170.00. The maximum amount of Flex Funds to be paid under this
contract for FY 05/06 shall not exceed: $850.00. The total maximum amount
of Flex Funds expenditures to be paid for under this contract shall not exceed:
1 020.00.
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 Scope of Work shall be a minimum of $55,528.40 of the total reimbursed
contract amount through September 30, 2006, in accordance with the
approved line item budget, hereby incorporated by reference.
6. Sliding Scale Fee: The program shall utilize a sliding scale fee as identified
in the proposal, herein incorporated by reference.
Provider: City of Dania Beach
M.O.S.T.2005
Contract#: 05-2823
76
VI. Performance Measures
The provider shall adhere to the following five (5) required performance measures for
general population and/or three (3) required performance measures for special needs,
which address youth risk and protective factors.-
Mandatory Outcome Measures for General Population
Servlcesl Demonstrated Types' of.
Activities*:
Outcomes Indicators yp
z
by Evaluation
Children will receive Children will 80% of Children . Improved study Pre/Post
a minimum of one maintain/impro attending the habits Assessments on
hour daily of ve their program will . Increased School Attitudes
individualized attitudes maintain or homework shall be
tutoring, homework towards improve their completion administered each
assistance, school. attitudes towards . Improved grades semester using the
remediation, and/or school Positive school "What I Think
academic enrichment adjustment in the About School"
activities. areas of grades tool.
and participation
Children will Children will 80% of Children . Increased Pre/Post
participate in literacy maintain or attending the homework Assessments shall
activities to increase improve basic program will completion be administered
basic reading, reading, improve basic . Improved grades each semester
spelling and spelling and reading, spelling using the WRAT-3
arithmetic skills. arithmetic and arithmetic
skills. skills.
Children will Children will 80%of attending Daily physical Pre and post
participate in daily improve their children will fitness activities assessments shall
recreation, sports physical increase their using Indoor and be administered
and fitness activities functioning. physical outdoor sport each semester
using the SPARK or functioning by activities designed using the
other well-defined improving their to: Walk/Run Speed
curriculum to improve strength, • Increase tool.
their strength, endurance and/or endurance
endurance, flexibility flexibility. . Increase
and team building. strength/power
• Increase
flexibility
Interesting age- Increased 80% of children . Modeling Pre/Post
appropriate social community who regularly . Mentoring Assessments shall
interaction, and peer attend will . Performance/ be administered
recreational activity, protective demonstrate . Behavior each semester
modeling and role factors and improved social feedback using the age-
playing activities decreased risk skills and appropriate
interwoven factors. interactions with Student
throughout the peers and adults. Skillstreaming
program by caring Checklist
adults. measurement tool.
Provider: City of Dania Beach
M.C.S.T. 2005
Contract#: 05-2823
�7
Mandatory Outcome Measures for Special Needs Population
Services/ Outcomes Indicators Demonstrated ;Evaluation
s of
Activities by
Children shall receive Children will 80% of children will Maintained/ Usioal
daily exposure to benefit from maintain/improve Improved Att Scale
reading; either silent exposure to their literacy skills. reading/literacy —method,
or aloud by self or a reading. skills outcome shall be
caregiver each day to measured per
maintain/improve semester with the
literacy skills. Literacy Access
Skills tool used for
children functioning
at 3 years ofage or
younger or the
Literacy Sunshine
State Standards
tool used for
children functioning
over 3 years of
agetAftainment
Children will Children will 80% of children Maintained/ g the Goal
participate in daily improve served will improve Improved fine developmentally physical gross and/or fine and/or gross motore'"`method,
appropriate fitness functioning motor skills. skills. me shall be
activities one half measured per
(1/2)hour per day semester with the
using fun indoor and required Physical
outdoor sport Fitness tool for
activities designed to special needs
improve their fine and population.
gross motor skills.
0 -Specific fitness
activities may vary
depending on the
special health needs
of the children.
Children will Children will 80% of children Increased social Using the Goal
participate in activities improve social served will and behavioral Attainment
to improve social and and adaptive maintain/improve functioning or daily Scale— method,
adaptive behavioral behavioral social and adaptive living skills, e.g. outcome measured
functioning or daily functioning or behavioral toilet training skills, per semester, using
living skills. daily living functioning or daily feeding skills, developmentally-
skills. living skills. dressing skills, appropriate Council
personal hygiene approved
skills, decision measurement tool
making skills, etc. (Student/Teacher
Skillstreaming
Checklist, or
IEP/FSP, or
School Progress
Reports or
Sunshine
State Standards
(Communication
Access Skills)
tool)).
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#: 05-2823
28
Activities and the specific "demonstrated by" factors can be modified to specifically address client ages,
needs and other target population requirements.
"Pre/Post test measurements must be a "score-based tool'. Self report and observations are not
acceptable measures.
"" Goal Attainment Scaling (GAS) is a method of determining appropriate individualized goals and
achievement levels for each participant which incorporates appropriate measures and measurement tools.
Provider shall ensure pre and post-testing is administered at the appropriate times using
the approved tools, as described above. 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.
Provider shall report individual and aggregate outcome measurement results each
semester to the Council. Outcome reports shall include the number of youths:
® referred to the program
■ accepted by the program
® currently active in the program
• who have met the criterion for measurement for each outcome measure
13 who have achieved the outcome measure
® who have failed to achieve the outcome measure
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 effected outcome achievement or measurement during the
quarter. In addition, after the program has been monitored, the Provider shall complete
and return the Monitor Evaluation forms.
Provider: City of Dania Beach
M.O.S.T. 2005
Contract#:05-2823
29
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