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HomeMy WebLinkAboutR-2003-151 BC Children's Services Council afterschool MOST program RESOLUTION NO. 2003=151 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 SAID 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, iSubsection (J), 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 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 2003-2004 after school recreational program, which will coincide with the Broward County School year, including early release days, and no school days; and i RESOLUTION NO. 2003-151 • 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 initial contract with After School Programs, Inc. will be contingent on award of the M.O.S.T. grant and will be for the term of one year, with the option to renew for an additional one year period; 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 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. 2 RESOLUTION NO. 2003-151 . PASSED AND ADOPTED on June 10, 2 03. OB ANf ON MAYOR — C MISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY-YES CHARLENE J H SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED AS TO F RM AND CORRECTNESS: BY: THOM J. A SBRO CITY ATTORNEY 3 RESOLUTION NO. 2003-151 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 "COUNCIL", identified as M.O.S.T. 2003 Program and Contract No. 03-2820. 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 program. 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 24 and 25 of Exhibit A to the AGREEMENT wherein ASP is specifically designated, during the Broward County School Year for 2003-2004 which commences on August 25, 2003 and ends on June , 2004. 1.2 ASP shall perform its duties for one hundred eighty (180) school days and twenty-one (21) non-school days. 1.3 ASP will provide transportation and will pay for activity fees for the twenty- one (21) non-school days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (1st) and fifteen (15th) days of each month for the preceding school and non-school days at the rate of $481.78 for every school day and $730.29 for every non-school day. Payment is due within fifteen (15) 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 within thirty (30) days of the billing date. If payment is not received within thirty (30) days of its billing day, the CITY shall be in default and ASP may terminate the contract. 2.2 The CITY shall pay ASP start up costs of $240.00 for printing, $200.00 for . a license and $1,412.00 for training, for a total of $1,852.00, 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 "COUNCIL" 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 2 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: 954-924-3610 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 3 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. • 4 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 Contract to be executed by their duly authorized officers on the date set forth below their signatures. AFTER SCHOOL PROGRAMS, INC.: CITY OF DANIA BE B �� B y. y. Alan Wolnek, President va o, City Manager Date: August_ , 2003 Date: August_ , 2003 • C;1DMedaheVn&mfi1esl4RerSchoo1 ProgramslCONTRACT FOR SERVICES.doca(1103 5 Agenda Request Form City of Dania Beach Agenda Item• e77* 4 Date of Commission meeting: 6/10/2003 Description of Agenda Item: Approval of grant application in conjunction with agreement with After Schools Programs, Inc. Commission action being requested: Adopt Resolution or Ordinance © Expenditure ❑ Award BID/ RFP ❑. Presentation ❑ General approval of item ❑ Continued from meeting 'Other(Please emaln) v S mmary explari'atton amend background:. Childrens Services Council has a grant opportunity, M.O.S.T.which funds after school programming for up to 87.5% of the total costs with a match in the form of cash or in-kind services of no less than 12.5%. Specific requirements of the grant must be met and these services can be provided by After School Programs, Inc. for the 2003-2004 -0 school year. The agreement with After School Programs Inc.will be contingent upon the award of the M.O.S.T. grant award and will provide staffing, monitoring and reporting for compliance with the grant requirements. w Attached exhibit§and�'additlonal backup materials:(Please list): Resolution -electronic attachment Grant Application - paper attachment For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: Account Name: Account Number: Submitted by: btemchuk Date: 6/2/2003 Department Director.' Date: 6/2/2003 Admin. Services Director: Date: Finance Director.' cz) Date: `� 03 City Manager: Date: EXHIBIT A • SCOPE OF WORK Agency Name: City of Dania Ile - Program Name: M.O.S.T. 2003 Contract#: 03-2820 I. Method of Service Delivery The Provider shall provide year-round after-school/non-school hours programming for school age youth which will: positive environment for youth which will enhance youth Provide a safe, p support social development and strengthen y academic achievement, 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 n array of academic, social program shall incorporate best practices and offer ward the interests and abilities of r 9 recreational and cultural activities geared specifically features of successful, quality the target population. The Provider shall incorporate key after-school care programs; such as; youth of all ages . Neighborhood- based care that is easily accessible for and their parents rotects youth from negative peer pressures and • A safe haven which p victimization peers which provide for ■ Engaging age-appropriate activities involving social recreation and cultural enrichment ■ Caring, well-trained and consistent staff • A ratio of adults to youth which allows for the development of close bonds between the youth and an adult ■ Academic interventions which provide for re dedveltopmentd and cj be skills addition to homework assistance/ Career training for older teens to promote positive youth ■ Life Skills/Social Competence training anagement, resisting negative development (conflict resolution, anger peer pressure, anti-bullying, substance abovide youth se tw strategies, ) th opportunities to ■ Community service components which p take a positive role in his/her community• Parent/Guardian Involvement and Engagement ■ Mentoring Opportunities term goals. • Scholarships/Financial incentives to encourage long- Provider shall provide services that accomplish the following ttendance and • 1. Youths will maintain/achieve improved school performance, a behavior. positive and free of drugs, violence, 2. Youth's peer relationships will be more p Provider: City of Dania 1 Contract#: 03-2820 gangs and delinquent associations. 3. Yout hs will be involved in pro-social activities that enhance their educational, social, recreational and life skills. h sical fitness. 4. Youth will improve their health and physical 5. Youth protective factors will be increased. 6. Youth risk factors will be reduced. 7. Youth's attachment to community will be strengthened. 1. Program Intent provided with the Students attending Collin s Elementary School shall be cational skills, social skis, and physical sical opportunity to enhance their edu env through a daily schedule that endurance in a safe and secure en homework assistance, social includes reading and math instruction, tutoring, time, cooking lessons, skills development, physical fitness activities, ram shall be walked over to . and mentoring. The students participating in the program pro the gram's counselors on school C.W. Thomas Park Recreation Center by re istaring their children prior to the days. Families may access the program by 9 be inning of the school year and staff will be present on site for registration. 9 Fresh, well-balanced snacks shall be served each day. Juice and water shall also be available throughout the day. Inc., The City of Dania Beach shall contract services n Collinsith Elementary,fter school gthe staff of i In partnership for staffing of the program. After School Programs, Inc., shall coordinate of'tre edict o or, and h the ln, behav teachers . A regarding homework information, areas inn other areas related to each child's school success. hall be provided at least one hour daily for A quiet, supervised environments Supplies students to complete homework or participate homework assistance. Suipp ie tutoring or individual h including silent reading, 9 s paper, pencils, dictionaries, and calculators will be available at no employed to to to such a p P gonarie County school teachers will be emp to the students. Three (3) this time, and counselors will be present supervise and assist students during o Quick teachers. The Dania Beach Seniors Club will Thninvol_Digved with assist thecoming foster grandpa tutoring, mentoring, Ft��7�ssess recognition skills. Assessment tool will ^ the students' word recog well as a minimum weather permitting), as w games and Provider shall offer daily outdoor time grade level-appropriate sports, g of two hours each week of age fitness. Pre-testing will be conducted the first activities that focus on physical week each child is enrolled in the program. reamin curriculum shall be included in the schedule twice per week. The Skillst 9 throughout the school year to enable A total of 40 (forty) skills will be focused on nt to comprehend and master classroom survival avior skills, ways offcopi 9 the student aggressive dealing with emotions, alternatives to a99 School and i" • with st ress. Pre-assessment tests will be conducted Iins Elementary lbe ch share with Children s ervices Counci as we T a lemented into the Skillstreaming },� parents. The social skills strategies imp provider: City of Dania - 2 - J� Contract#1 03-2820 N Curriculum will be used by all staff throughout the day as reinforcement of this vital tool. 2 Taraet Population Programs are youth who are NOT participating Target populations for the M.O.S.T. rams, AND who are children of low lenrolled in other out-of-school time year round programs, income families in the general population, The program shall serve children of the following ages and populations: • General Population, Young Children, ages 6-10 ulation: The Provider shall provide services to the following pop General population Children rams and do These are children who participate in general education programs not require special assistance during the school year, but are considered at-risk due to economic disadvantage. 1. Service Delivery Core Services rovided to address the specific needs of clients. Program Services shall be p They shall include: tion # of Service Name and Descrip participants to be served 70 P.O.W.E•R• "Positive Outlooks With Educational Rewards" After School Program 70 All children will participate in a safe after school program supervised by a trained staff 70 All children will receive a minimum of 1-hour daily of remedial or enhanced academic assistance such as homework assistance, tutoring, or silent reading 70 All children will receive 1 hour ofaskills activities using the skill-streaming curriculum twice a wee 70 All children will participate in 1 hour of age appropriate physical fitness activities two times a week based on the President's Physical Challenge. ng b ualified, 70 All children will be exposed to r e mo tel onal and educational trained staff members during after school activities. Provider: City of Dania Contract#: 03-2820 Service Locations: ram services at the The Provider shall provide after-school/non-school hours program following location: C.W. Thomas Park Recreation Center 800 N.E. 2 St. Dania Beach, FL 33004 Proved Provider shall provide the Council with a written statement from changes are subject owner to the Provider authorizing use of the site for the program . Siteto Council approval. Dates/Days/Hours of Operation: care program from /25/03 rough i The Pr eider shall operate the afte allosch of days in acco anc with the 09/30/0 , Monday through Friday, on aily hours of Sc Board of Broward County s official school calendar.early release days, the operation shall be from 2:00 p.m. through 6:00 p.m y hours of operation shall be extended to ensure that youth are served immediate y upon their release from school. Schedule of Activities: The Provider shall provide after-school/non-school hours program services p 9 according to the following schedule of activities: ^ f _ ` "Academic Physical Activities Free Monday Attendance/Snack) Choice Outdoor Assistance Club Free Attendance/Snack) `Academic Social Skills Choice Tuesday Outdoor Assistance Club Attendance/Snack) *Academic Art/Cooking/Computer Free Choice Wednesday Outdoor Assistance Club Free Attendance/Snack) *Academic Social Skills Choice Thursday Assistance Club Outdoor * Physical Activities Free Academic Friday Attendance/Snack/ Assistance Choice Outdoor Club Provider: City of Dania - 4 - Contract#: 03-2820 orr Social Skills Free Monday Attendance/Snacks/Sports *Academic Choice And Games Assistance Club Physical Activities Free Tuesday Attendance/Snacks/Sports "Academic y Choice And Games Assistance Club Social Skills Free Wednesday Attendance/Snacks/Sports *Academic Choice And Games Assistance Club y Ph sical Activities Free Thursday Attendance/Snacks/Sports *Academic Choice And Games Assistance Club emic Cooking/Art/ComputerFree Choice Friday AttendancelSnacks/Sports Assistance And Games Club 1.1.1 . ✓ d v,r ''err �,,'�h �"��#1 7�!t`ti3 r '"� "."t Y w IMF Social Skills Free ' t 3.- Choice Monday Attendance/Snacks/Sports *Academic Assistance And GamesClub Ph sical Activities Free Tuesday Attendance/Snacks/Sports `Academic y Choice And Games Assistance Club Cooking/Art/Computer Free Choice Wednesday Attendance/Snacks/Sports *Academic Saaarmice And Games Club Social Skills Free Thursday Attendance/Snacks/Sports *Academic Choice And Games Assistance Club *Academic Physical Activities Free Friday AttendancelSnacks/Sports Choice And Games Assistance Club • Provider: City of Dania Contract#: 03-2820 i as3 ;4L , h �, ,'�yyff. a Free Choice N'FU.. *Academic Art/Cooking/Computer Monday Attendance/Snack/ Club Sports and Games Assistance Social Skills Free Choice Attendance/Snack/ *Academic Club Tuesday Assistance S orts and Games Physical Activities Free Choice Wednesday Attendance/Snack/ *Academic Y Club Sports and Games Assistance Social Skills Free Choice Thursday Attendance/Snack/ *Academic Club Sports and Games Assistance Ph sisal Activities Free Choice Attendance/Snack/ *Academic Y Club Friday S orts and Games Assistance r� MDR- X . .> 4, Physical Activities Free Choice � }" Club Monday Attendance/Snacks/ *Academic Y Sports And Games Assistance Social Skills Free Choice Tuesday Attendance/Snacks/ *Academic Club Sports And Games Assistance Free Wednesday Attendance/Snacks/ *Academic Cooking/Art/Computer Club Choice Sports And Games Assistance Social Skills Free Choice Thursday Attendance/Snacks/ *Academic Club Sports And Games Assistance Free Choice Friday Attendance/Snacks/ *Academic Physical Activities Club • S orts And Games Assistance i GR a rNO Free Choice = :. �> m,_ .._ .o max._ Social Skills x AttendancelSnacks/ Club Monday *Academic Sports And Games Assistance Physical Activities Free Choice Tuesday Attendance/Snacks/ *Academic Y Club S orts And Games Assistance Social Skills Free Choice Wednesday Attendance/Snacks/ *Academic Club Sports And Games Assistance Free Choice Thursday Attendance/Snacks/ *Academic Physical Activities Club Sports And Games AssistanceFree Attendance/Snacks/ *Academic CookinglArt/Computer Club Choice Friday Sports And Games I Assistance • Provider: City of Dania _ 6 Contract #: 03-2820 II. Staff Qualifications 1�---- Staff ositions ualifications and duties shall be as follows: / ft k 9 Axi.3 { A�#ryt t h ti:L'YFki (It Ml�s 2 F 42"- Parks and Master's Degree Oversee After School 20% R 10 year Programs, Inc. to Recreation Director (1) minimum in ensure all aspects of Recreation grant requirements are being met Installation of new 10% Computer Bachelor's 2 years De minimum computers, Degree Technician (1) 9 programming, and maintenance • After School Master's Degree 15 years or Organize, plan, and 10% supervise the Programs, Inc. or Bachelor's more educational and Degree recreational programs Administrator(1) After School Bachelor's 3—5 years Actively supervises the 20% with company site to ensure program Programs Inc. Degree or CD A year is operating using best Area Coordinator or AA Degree or (3 Y practices 60 college credits experience as (1) with 6 credits in Site Director) early childhood education HRS 40 hours • Provider: City of Dania 7 Contract#: 03-2820 a2 Edit z�t`` t i ran 5$3d°Y. 4uyr� � +�• �t ' f •. _ After School Bachelor's 100°/O' 3—5 years Assist Area Coordinator with Programs, Inc. Degree or CDA supervisory Site Director (1) or AA Degree or responsibilities 60 college credits with 6 credits in early childhood education HRS 40 hours After School H.S. diploma Previous child Responsible for direct 100% care supervision of children Programs, Inc. HRS 40 hours experience and implementing all Counselors (4) program activities --------------- Administration, record 20% After School H.S. diploma 1 year keeping, data collection Programs, Inc. minimum coordinator and Data Collection organizer of Specialist(1) performance data and invoicing 100% After School Bachelor's 1 year or more esponsass stinglstudents with Programs, Inc. Degree homework, tutoring and Teachers (3) implementing the skill- (Academic streaming curriculum programs such as homework assistance, tutoring, reading, skill-streaming) Provider: City of Dania Contract#: 03-2820 III. General Operating Information A minimum of 7 unduplicated children shall be served during the period of ugust 2 {� 2003, through eptem r 30, 2003. All contracted staff working in the program must comply with background screening and fingerprinting requirements, in accordance with Florida Statutes icab Chapter 435ers must and Broward County background screening requirements, as app maintain staff personnel files which reflect that a screening result of "no findings" was received. IV. Unit of Service 1. The Units of Service are defined as follows: ■ After School Unit as a minimum One (1) unit of MOST after school careservice) hours defined r of after school of two (2) hours and a maximum of six(6) care on regular school days and on early release days. 2. The maximum number of units to be provided under this contract is as follows: (Refer to Part II-F, 46) August 25, 2003, through September 30, 20 3; 1369 Units of MOST services (invoice type #9220 GP) at $6.69, not to exceed $9158.61 Total for all services combined not to exceed: $9158.61. V. Method of Payment 1. Start-Up Costs and costs for providing services for the period of August 25,2003, through September 30, 2003, must me d the th sameugh r altern ants ve as stipulated in this contract and lhbe paid on acost-reimbursement be payment mechanism. Start-upi basis. The maximum amount of start-up funds to be paid for under this contract shall not exceed: 23,972.00. ct l be 2. Unit Costs: Client services provide.d under this mum amounts asadefinled above paid an Units of service at the rates and aid under this Scope of Work Section IV. 2. The maximum amount to be p Sfor units of services shall not exceed 91�1•- Provider: City of Dania 9 - Contract#: 03-2820 basis in 3. All payments shall be requested by the Provider on a month I lye derived the format prescribed by the Council. Approved pay 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 sementsl of for theplete and accurate eport reporting of client data in accordance with Council requirements fo and service data information. No invoices will be P r processed ed in payment if required backup documentation has not been provided complete and accurate manner. The Provider is l equireda o pursue to third party, Medicaid, and client payments (where app ). ch is ish a sliding fee scale for services. If the contother ract is h the lead agencan agency ly will subcontracting delivery of services to providers,to submit a consolidated be responsible for compiling all data necessary monthly invoice, and required reports. These funds shall notbde used to supplant any other sources of funding including, insurance, and/or, client fees. r amount awarded by 4. Match: The Provider agrees to match a't�equal the dtola minim m of 12.5% of the Council to the Provider in an am the total approved contract amount r the higher the form of cash in kind d in the Proposal. The match may be provided budget, hereby contributions, in accordance with the approved y include a incorporated by reference. In-kind contributions I ace and other in-kind portion of staff salaries, volunteers, equipment, space contributions as agreed to in writing by the Contract Administrator. The Provider shall provide proof of the marovider h on or before the provideesuch proof, ® date of the invoice(s). To the extent that the P fa amounts due and owing by then that amount shall be deducted from any the Council to the Provider under this contract thatch r any to be other contracts for this between the parties. The total amount Scope of Work shall be a minimum 30 12003° i% n accordancef the total )wbuhrsed the ncor it contract amount through Septemberincorporated by reference. approved line item budget, hereby P 5. Sliding Scale Fee: The program shall utilize a sliding scale fee as identified in the proposal, herein incorporated by reference VI. Performance Measures required performance measures for The provider shall adhere to the following six (6)rotective factors: general population, which address youth risk and p • Provider: City of Dania - 10 Contract#: 03-2820 Mandatory Outcome Measures for General Population Service/ " Demonstrated by* Type of Outcomes Indicators Evaluation Activities* No emergency Review of [:]100% of children - Incident Report will not experience room visits p 1. All services will Children will be No valid abuse forms be provided in a provided a safe, serious injury - ositive reports safe environment p requiring No arrests supervised by environment. emergency medical - trained and caring care, abuse, or an staff. arrest while in the program One(1) hour of social Pre/Post tests 2. Interesting age- Community and 85% of children skills activities two (2) (measured appropriate social peer protective who regularly times a week using quarterly) factors will be attend will interaction, demonstrate the Skillstreaming recreational activity, increased and Curriculum Tool will be modeling and role risk factors will improved social provided by the skills and playing activities at be decreased. interactions with - Modeling Council (will least two (2) days a _ Role-playing follow the peers and adults. Skillstreamin week while in care. _ performance g feedback Curriculum) Improved study cards 3. Children will Children will 80% of Children Report habits (grades in core receive a minimum maintain/improve attending the Increased classes: English, • program will homework math, science a& of one hour daily of their school P 9 remedial or performance and maintain or improve completion social studies) enhanced academic attitudes towards their academic Improved grades (measured assistance e.g. school. performance. _ Obtained pre- quarterly) tutoring, reading employment skills silently, homework assistance or career exploration late adolescents 80%of Children - Improved studyrner 4. Children will be Children will habits exposed to role maintain/improve attending the Increased schoolports modeling behavior their school program will -maintain or improve attendanceby responsible behavior and _ Increased adults in the attitudes towards their school homework provision of after school. behavior. completion school tutorial and _ Decreased recreational behavioral activities referrals Obtained pre- em to ment skills • Provider: City of Dania - Contract#: 03-2820 3 r < Type of fs Service/ Outcomes Indicators � z { Demonstrated by* Evaluatoon Activities x; ._ * Improved study Outcome to be 5. Children will Children will 80% di Children habits measured receive a minimum maintain or attending the quarterly, using will Increased q Y, 9 of one hour daily of improve their program homework the San Diego remedial or reading and word maintain or improve completion Quick enhanced academic recognition skills their word Improved grades Assessment tool assistance e.g. recognition skills. _ word recognition Obtained pre- ( 9 tutoring, reading employment skills measurement silently, homework tool) assistance or career exploration late adolescents o One(1) hour of Pre and post 6. Children will Children will 80/o of attending physical fitness assessment on participate in improve their children will acivities two (2)times the tool provided regularly scheduled physical increase their h sisal functioning a week using Indoor by the Council recreation, sports functioning. physical f improving their and outdoor sport and physical Shuttle run conditioning strength, endurance activities to: speed and/or flexibility. Walk/run activities (2 times a endurance • week) to improve - Increase speed their strength, strength/power . Distance endurance, - Increase flexibility softball is flexibility and team thrown building. • can be modified to specifically address client ages, • Activities and the specific "demonstrated by" factors needs and other target population requirements. **PrelPost test measurements must be a "score-based tool". Self report and observations are not acceptable measures. Provider: City of Dania Contract#: 03-2820 t i AGREEMENT Between CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY And CITY OF DANIA BEACH for #03-2820 M.O.S.T. 2003 CONTRACT NUMBER PROGRAM This Agreement, entered into this 1st day of October, 2003, by and between the CHILDREN'S SERVICES COUNCIL, an indLP andeCity of Danaa Beach, ospecial tx district f the State of not for profit Florida, hereinafter referred to as COUNC Florida corporation, hereinafter referred to as "PROVIDER." WHEREAS, this Agreement will enable PROVIDER to provide services, not otherwise 0 funded by any other public funding source; and WH EREAS, funding given to PROVIDER has been found and declared to be for a public purpose. NOW, THEREFORE, the parties agree as follows: t. TERMS OF AGREEMENT September 30, 2004 The term of this Agreement shall be from October 1, 2003, through Septe ("Initial Term"). The Agreement may be renewed for up to one ( ) additional year om er h September comprising a one year period, the first being Per od,'catbthe1end o� theroer�m at t e sole 30 2005, referred to as a "Renewal option option of the COUNCIL. The Initial Term and both Renewal Option Period shall be collectively referred to as the Agreement Term." Period as In the event that the COUNCIL does not exerAc► above, the COUNCIL may extend the existing greement for/alpePo'd on not to exceedtated nine iscretion of the (9) months. Such extensions shall be exercised changing ead date of the Agreement UNCIL in a written Amendment to the Agreement, 9 9 The Amendment for extension shall be duly executed by the COUNCIL. the PROVIDER understands and acknowledges that the initial funding will one ( ) coonly be o tract Initial Term stated herein. This Agreement is renewable for renewal period, at the sole discretion of the COUNCIL, contingent upon but not limited to the following: Provider: City of Dania Beach - t Contract #: 03-2820 a. Continued demonstrated and documented need for the services or priority area of funding; 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 /y another without year to ye extension provisions in the agreements. It is necessary that fiscal funding oo 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 toffy the PROVIDER: The COUNCIL may.during the contract__period,_terminate or discontinue the ar services co ered_in_this proposal at the end of Coccessfuhe proposer. Such p fiscal rior upon ninety (90) days prior written notice to the su p written notice will state: i. That the lack of appropriated funds is the reason for termination, and ii. Agreement not to replace the services being terminated with services similar to those covered in this proposal from another vendor in the succeeding funding period. Thi s written notification will thereafter release COUNCIL of all further obligament C in anyway related to the services agreement.sons vered rNo agreemenawilgl be considered must be included as part of y 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 Services. 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 d in Section 985.01, Florida Statutes. background screening as mandate Provider: City of Dania Beach Contract #: 03-2820 ` I(I. 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 1113 939.12 ("Contract Amount"). 2. PROVIDER agrees to provide a Match in the amount of $42-0 for the September 30, 2004, in accordance with the period of August 1 Q3�—�-- �( 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 lus one(S) copies 1 An original invoice, in the format prescribed by the of the mOonNh following the month in are due on or before the fifteenth (15 ) Y which services were rendered. COUNCIL agrees to reimburse PROVIDER on a monthly billing basis. he Pro mpt Payment t, all In order to be deemed proper as defined® bysi�athis Agreement andcmust invoices must comply with the requirements et forth L. ce be submitted on the forms as prescribedfe° bt onsOmay ble cause)fosdelay/�n documentation returned to PROVIDER for receipt of payment. Late submission may result in delay ereceipt cei t Of payment. ay receipt not COUNCIL shall pay PROVIDER within thirty ( ) PROVIDER'S properly submitted invoice. UNCIL 4. The PROVIDER shall submit the final contract per'odvoice for ment endsoorh theOcont act no is more than thirty (30) days after the payment are forfeited and terminated. If the PROVIDER fails toe Il rights to submittedpafter the aforesaid time the COUNCIL will not honor any quests eld til period. Any payment due under the terms °eceived by the COUNCILf this contract may be army all reports due from the PROVIDER b the COUNCIL. necessary adjustments thereto have been approvedY 5. In the event this Agreement provides for more between services service and/orr prro9 am(s) Contract Administrator may shift funding Contract components, at any time, upon written fundDER; however, ing in excessoff tice to he IC Contract Amount and the Administrator may not increase t exceed twenty percent (20%) of the tots total of these adjustments shall no Contract Amount. ormati 6 Submission of accurate, timely documentation and other in evaluating ng future inf funding as required by COUNCIL shall be considered a factor requests. Invoices and/or documentation returned to PROVIDER for corrections Provider: City of Dania Beach 3 Contract#: 03-2820 may not be considered as submitted and shall be cause for delay in receipt of reimbursement. 7. PROVIDER attests to COUNCIL that z°essfy authorized by COUNCILbIThis e or used for invoiced services unlessp Agreement specifically excludes Medicaid covered collectionovi ofdthtl d parry to ) anld certified clients. PROVIDER shall bill pursue client payments (where applicable) for services rendered under. this Agreement. In the event COUNCIL pays PROVIDER °r a service that arsmes t° dedibcet for Medicaid or other third party coverage, then PROVIDER gree t the the amount paid by COUNCIL on its next invoice. reimburse nCOUNCILO PROVIDER he has submitted a final invoice, PRO VI a amount received by Medicaid or other third party p Yor within (30) days of receipt of that Medicaid payment. Additionally, the PROVIDER must note in the client file the date when clients becom alndlble for completedicaid or other records of any third feesarty payor. cotlect d, PROVIDER shall keep accurateclient or other reimbursement, or compensation of any kind received from any third party, for any service covered by this Agreement, and shall make all such eport such fees, records available to COUNCIL upon r ndinst• to PROVIDER shall OUNCIIL for rsuucch payments reimbursement, compensation or fu g received which will be deducted from PROVIDER's invoices. tems 8. Capital equipment as defined by the Florida life expectancy ofer 274, are more thanlone yeah a value greater than property which have by Capital tangible property p contracted agencies is intended for ® COUNCIL funded programs. COUNCIL will work with the agency to tag the asset and to receive all information regarding the t me that capital equipment entprsp fully Should a program not continue Y ears all capital tangible depreciated (i.e. computer is depreciated over 3 years), the ,- 1 property purchased with COUNCIL funds is considered to be owned by The COUNCIL and will be returned for use by another funded program.rty to the contracted agency must initi ate the ITn of such cdepartment. owneapital tangible rship hip of the Program Services contract ma g capital tangible property used by the f o tedca eagency dawill be removed nfro , fully depreciated reverts to the contracted g COUNCIL's fixed asset system. 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 4 Contract #: 03-2820 V. MONITORING REQUIRED RECORDS AND REPORTS 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. very sites to b. To provide full access at administrative and service vis tsd li the purpose COUNCIL during 811 announced and unannounced 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 days. ® monitoring appointment to occur within thirty (30) e. To respond to any monitoring findings within the time f the billipgslaind ed therein, that back-up documentation to be used to support Administrator. outcomes provided shall be approved in writing by Contract f. That findings of monitoring reports, responsiveness ere ss to crrective action,ao d timeliness ments o iv9 of and all the performance require e considered factors in evaluating future requested information shall b funding requests. 9 To provide COUNCIL access to records and cli Outcomes beyond les developed relevant to this Agreement regarding assessment 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 fro shall beer agencies t r funding sources for similar services provided COUNCIL within thirty (30) days of receipt. Such reports shall be sent to Contract Administrator. Provider: City of Dania Beach 5 Contract #: 03-2820 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 t o ve maintain an rall endt report monthly (where applicable), ethnic origin, parental demographics which includes age, gender, race, marital status, education levels and status in the format provided by, or approved in writing by, the COUNCIL. PROVIDER agreesd eo to c overall Client household income, other benefits provided, and other information as required by the COUNCIL. d. Client Satisfaction Surveys: The PROVIDER agrees to administer a COUNCIL- APPROVED Client Satisfaction Survey using a process and minimum frequency schedule as negotiated with and approved by the COUNCIL. The PROVIDER agrees to report compiled results f the ® Client Satisfaction Survey for the contract period byJune 04. Compiled results shall be reported on the PROVIDER's survey form with the total range and number of responses E received anrranalysasn of to Client each question asked. The PROVIDER shall Satisfaction Survey results and an action plan to improve areas of service delivery, if warranted by the survey results. The analysis shall include the total number of surveys adminonered/mailed and COUNC L request,the total number of PROVIDER shall surveys completed/returned. Up submit raw data from all administered Client Satisfaction Surveys. The PROVIDER agrees to maintain for a minimum period of two (2) years, a Client Satisfaction Survey file containing all Surveys completed/returned from the Clients of services in accordance with Paragraph V of this Agreement. e. Client Outcome Report: The PROVIDER COUNCIL, completed for shall NCILsubmit outcome each Report, format to be provided by service program component each quarter, which shall deinoutcome,rmation regarding achievement toward outcomes by g each number of Clients served oor the have achieved thisrm of Agreement outcome, land s gn the chgother the number of Clients w report form. The PROVIDER shall also information as is requested on report report any barriers experienced® noteworthy activities that havme e occurred dument. The ping should also include any notewort yctiv the term of this Agreement. The PROVIDER shall also submit the Provider: City of Dania Beach Contract#: 03-2820 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 c shall liner itite t actual the COUNCIL an Actual Expenditure Report wreports 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 within sixty (60) days following the end date of the school term. 3. OTHER REQUIREMENTS: a. INTERNAL DOCUMENTATION 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 other questionnaires, (7) Client information release form, and (8) ch 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 COUNCIIL's Services and Activities all Management Information System (SAMIS), aapplicable, 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 flee services ency delivered fiee to the must nlients. If a clude the Client was referred to an 9 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 1 any indoor 4, which requires that smoking not be permitted in any portion routinely used or leased or contract for by y a a entieducat onty and e oro library or regularly for provision of health, y anon governments, by programs either directly or through State or local s nt Federal grant, contract loan, or loan g aeesidencesrante. The Wfaeeties fundeld ® to children s services provided in private solely by Medicare or Medicaid funds, and portions of facilities used for Provider: City of Dania Beach Contract #: 03-2820 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 h any and all reporting and PROVIDER agrees to comply for eligibility for Federal, State documentation requirements ne���`ssary 9 Y and other reimbursements to CUUNCI ocialservices Security r Acdt, Temporary Agreement, e.g., Title IV �of the S Assistance for Needy Families (TANF) Block Grant, etc. The PROVIDER shall complete the following Temporary Assistance for Needy Families (TANF) forms for all clients served under this Agreement. This data will be used by the Council in federal funding revenue maximization efforts through FloridaDepartent of Children bemeported to the and Families. All TANF eligibi y information shall Council quarterly, unless otherwise specified individual client/family e�t/family case uncil, and copies of all TANF forms shall be retain the Council. Such TANF and available for unannounced review by eligibility information should not be used as a Agreement.determination of client eligibility for program services funded under this a. Eligibility Form for TANF-Funded Services, DCF-TANF- ® EZ1UP5 b. Worksheet on Family ksht2ome Eligibility for TANF-Funded Services, TANFEZ VI, TERMINATION OF AGREEMENT AND NOTICE elivery of 1, It is the intent of the COUNCIL to assure consistent COUNCIL and rI to terminate children's services. It is the further innor the Agreements only in those situations where of schildrenloasl determined essential f by the protection of its interest and the interests COUNCIL. use 2. This Agreement may be terminatedsROIVbDEa I vered withoutbyacertif edomailo, less than thirty (30) days notice. Said notice return receipt requested, or in person with proof of delivery. use no less 3. This Agreement may be terminated by Saithed COUNCIL slhal without be deli ered byncertified than thirty (30) days written notice. Sa 1 mail, return receipt requested, or in person with proof of delivery. 4. In the event at f�n_ds to-far�a c�t�_pAgreeme.nt_become unavailable, de the COUNCIL may terminate the co_ntract_upon__no less.-..that-twenty-four (24) - hours notice in writing to_the PRQVIb r by in S ed o ntice shall be with proof of delivery.dThe rti i ® cee mail, return receipt requested, or p COUNCIL shall endeavor, whenever possible and consistent with its legal Provider: City of Dania Beach Contract #: 03-2820 obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. The COUNCILhor time ity hereias � the availability of funds and extension of notice beyond the minimum stated. this l 5. In addition to the rights set forth in sub paragraphsCol and 4 with cause upon no lessthan �wenty-four reement may be terming ed 24 hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with Pvider iroof of n welting,livery. The but such wa COUNCIL iv at its discretion may waive any breach rby te theh breaches, including breaches of the shall not constitute a waiver of any same type. vision shall not limit the COUNCIL'S right to remedies at law or to 6. The above pro damages. VII. AUDIT RIGHT AND RETENTION OF RECORDS COUNCIL shall have the right to audit the bServicesc�nder this Agreement accounts . PROVIDER that are related to the Scope be necessary PROVIDER shall keep such books, records, and accounts as may tries related to the Scope of Services in order to record complete and correct Florida Single Audit Act the PROVIDER under this Agreement. As defined in the agrees to allow the COUNCIL, the comptroller,dthe y Florida Statutes 215.97, auditing body access to its records asrequire ® Florida Single Audit Act. le times PROVIDER shall preserve and make available, brecords, supportinbg documents, examination and audit by COUNCIL, all financialeminent to this Agreement for the statistical records, and any other documents papter required retention period of the Florida Public Records Act Act is appl9, loridoa Statutes), if applicable, or, if the Florida Pub a minimum period of the Agreement Term of If any audit has beereement n f o tiated and three (3) years after termination of this Agreement. y periodof the retention or three audit findings have not been resolved at the end and accounts shalt be retained (3) years, whichever is longer, the books, ifcthesFlorida Public Records Act is until resolution of the audit findings. determined by COUNCIL to be applicable to PROVIDER's records, PROVIDER shall comply with all requirements thereof; however, no confihalldentiality r by on- disclosure requirement of either federal or statein such books, records, and nd recovery PROVIDER. Any incomplete or incorrect entry of any accounts shall be a basis for COUNCIL's disallowance a payment upon such entry. Vill. OWNERSHIP OF DOCUMENTS hots ra hs, surveys, and other data and documents Any and all reports, p 9 Pnd provided or created in connection with this Agreement m are a reports, property property of COUNCIL. In the event t term documents ination PROVIDER, ® photographs, surveys, and other srhalltbecome the property of COUNCIL and shall whether finished or unfinished, Provider: City of Dania Beach 9 Contract#: 03-2820 be delivered by PROVIDER to the Contract Administrator within seven7) days to of termination of this Agreement by either party. Anycompensation PROVIDER shall be withheld until all documents are received as provided herein. IX. INDEPENDENT CONTRACTOR ces PROVIDER is an independent contractor under ofthis PROVIDER and subject to provided by PROVIDER shall be by employe 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 sery ehem p Beres and other similar administrative procedures applicable under this Agreement shall be those of PROVIDER. X. SUBCONTRACTING E a��igca thesesponsibility of this Agreement to another party P nor sub ontraet for�ny_of the work_contemplated under this Agreement, withouty� J� the-Contract- Administrator. No such approval by the prior writt�P in anyevent or in any manner to Contract Administrator shall beodlieat odn b the COUNCIL in addition to the ; provide for the incurrence of any 9 Y such g total dollar amount stated in tthe Aondtions tof this Agreement and tosany subcontracts shall be subject to conditions of approval that the COUNCIL shall deem necessary. XI. FINANCIAL STATEMENTS 1, Within 120 days of the close of its fiscal year, PROVIDER ts agrees to submit ub it to the COUNCIL a certified independent fiscal au dit nd 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 Governnt meThe f scagaudit mu also be s issued by the Comptroller General of the United States conducted consistent with the United Stoaverntes Omelnt andce of MNon-Prof Non-ProfitOrganizations Circular A-133, Audit of States, Local G licable. Audit and the Florida Single Audit Act, Florida Statutes 215.97, as app extensions may be granted in writing the us f cation bydthe PROVIDER ministrator upon receipt in writing of such request with appropr ate J 2. Supplanting: the PROVIDER shall not use funds provided by the COUNCIL to replace funds from other funding sources. XII. BOARD MEMBERS AND MEETINGS Within 30 days of the effective date of this Agreement, PRtheOVIDER current sub it to the COUNCIL a calendar of its scheduled al year and an updated list of Board Members. Provider: City of Dania Beach 1 O Contract #: 03-2820 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 suOUNCIL. COUNCIL agrees to provide PROVIDER with a camera-ready logo ch 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 federal any purpose not in conformity with state statutes and any applicable 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 fromsystem all terminated information PROVIDER employees. ensuring that user access has been removed XVII. CLIENT RISK PREVENTION AND INCIDENT REPORTING 1. PROVIDER shall immediately report knowledge or reasonable sable adult of abuse, neglect, or exploitation of a child, aged person, o 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 vent of critical incidents such as serious client accident, injury or death, PROVIDER shall advise the Contract Administrator i All immediate y e by phone and in writing within twenty-four ( ) hou pertinent information such as Agency Incident Reports, Police Reports, actions taken, etc., shall be furnished by the PROVIDER to the Director of Program Services within twenty-four (24) hours of the incident, or receipt of such information. Provider: City of Dania Beach - Contract #: 03-2820 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 ices for specific participant groups as except that programs may target sery 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 governmental agency or subdivision, as defined in Chapter 768.28, Florida Statutes, 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 agency o applicable. Nothing herein shall be construed as consent by thirdstateagency in any manner subdivision of the State of Florida to be sued by parties 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 copyrighted, service marked, trademarked, patented or unpatented invention, process, ticle or work manufactured or used in the performance of the contract, ce, material for use bs COUNCIL. If the PROVIDER(S) uses any design,patent, copyright or any other covered by letters, service mark, trademark, p intellectual property right, it is mutually agreed royaltiesr of coats arising without thecusel of that the proposal prices will includeinvolved in the work. such design, device, or materials in any way This article will survive the termination of any contract with COUNCIL. XXI. INSURANCE 1. PROVIDER shall m-ainfaiA--in�nothe minimum amountf of three this Agreement hund hundred comprehensive general liability thousand dollars ($300,000) per occurrence bodily injury and property damage combined single limit. Such policy will be evidenced by a _Ce Aifioate of provides thirty Insurance which reflect s CQS10 c-ftan el at n�dThe Certificin—surate of Insurance shall (30) days prior written notic Compensation Law also be in compliance with Florida Statute 440 (Workers Comp ) urn Further, PROVIDER will maintain proles ion �t00sforr each claim,U�ancejn the s b ect amount of Three Hundred Thousand Dollars ($300,0__ ) to insurance market availability and affordability. Such policy will be evidenced 1 Provider: City of Dania Beach - 12 - Contract #: 03-2820 1 ;: 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 atany time insurance to f municipality is unable or unwilling or otherwise ceasesprovide arise out of the COUNCIL for injury, damages, or liability which may 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 subm submitted by PROVIDER to constitutes the Contract insurance. Documentation shall be Administrator. XXII. AMENDMENTS: ASSIGNMENTS �. No modification, amendment or ton in in ahwrittens or documenitlons executed 'wth herein shall be effective unless contained 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 thithe ContracttAmount,there or to change performance Exhibit A, Scope of Services, to reduce outcomes. 2. This contract or agreement is personal to the prties without priornwritten consent of and may not be assigned, in whole or in part, by proposer wa meats under this contract CIL. The ER erein l not or agreement without 0 hlep orlwr written consent assign n ent of COUNCIL. XXIII. WAIVER OR BREACH Waiver or breach of any provision of this Agreementshall shallnot be boast e dem d t be a be a waiver of any other subsequent breach an modification of the terms of this Agreement. XXIV. DEFAULT In the event that the awarded proposer(s) should breach this contract, COUNCIL reserves the right to seek remedies in law or in equity. XXV. REPRESENTATIONS AND ACKNOWLEDGMENTS is �. PROVIDER represents to COUNCIL that Teron hm thecution follow of g have Agreement and continuing throughout the Agreementrepresentations become at any correct. In the event that any of the following rep Provider: City of Dania Beach - 13 - Contract #: 03-2820 time not true, the PROVIDER shall immediately provide written notice of same to ® the Contract Administrator. irregularities involving its management or employees a. There have been no that could have a material effect on PROVIDER's operations or financial stability. b. PROVIDER has committed no violations or possible b violations COUNCIaws or IL prior regulations the effects of which should be considered to entering into this Agreement. C. There are no material transactionss that isclosed e not been properly recorded in the appropriate document(s)) o 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 to or on behalf f COperfoUmance NCIL shall bebe interim final to local state and national or on behalf of COU 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 iap�esource n as a basis lexpecdoing tat on of business, receipt delivering service, expending of payment. Provider: City of Dania Beach 14 Contract#. 03-2820 XXVI. PUBLIC ENTITIES CRIMES ACT PROVIDER represents that the execution of this Agreement will not violate the Public Entities Crimes Act (Section 28ch essentially s 133,a contractor, consultant or other provider provides that a person or affiliate who and who has been placed on the convicted vendor list following i convictionnyoodsror Public Entity Crime may not submit a bid on a contract to provide any g 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 tt/hepu threshold amount provided in Section 287.017, Florida Statues, for category o chases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section hereto,ll result in cancella and may result in debarment tion of this Agreement and recovery of all moniespaid from COUNCIL's competitive procurement activities. XXVII. GOVERNING LAW AND VENUE the This Agreement shall be governed, construed, �s conflict of laws provisions. Any laws of the State of Florida without regard 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 eection unless COUNCIL or PROVIDER elects tonermina this rov lion gshall Abe made I within to terminate this Agreement based upon seven (7) days after the finding by the court becomes final. X X. CIRCULARS STATUTES AND COMMON RULES The PROVIDER shall be in accordance with the following Circulars: and 1. Administrative Requirements: ate andreular Local Governments,"tsts OMB Cooperative Agreements with S Circular A-110 "Uniform Administrative Eduguirements for Grants and cat on, Hospitals and Other Agreements with Institutions of Higher Non-Profit Organizations." State 2. Allowable Costs: OMB Circular No. 87, ,Cost 2Principles Cost forPri pats and Local Governments,' OMB Circular for Provider: City of Dania Beach - 15 - Contract #1 03-2820 ons," OMB Circular a A-33?"Aud"Audits o"Cost rinciples for f State, Educational Instituti Local Nonprofit Organizations" and OMB Circular Governments and Non-Profit Institutions." 3. Florida Statutes 215.97, Florida Single Audit Act. XXXI. HIPAA ADDENDUM tisfy the standard for personal health information Both parties agree to sa tutes and regulations, including, without contained in the federal and state sta limitation, any regulations promulgated under HIPAA (Health Insurance 9 Portability and Accountability Act), as applicable. Both parties agree that as a Privacy result of the business relationship aedembe as defined f 28,d2000,eConPtra o Ins I possibly Rules 65 CFR Parts 160 to 164 D be a Chain of considered a Business H�pggaP�oposed Sec of lurD�itlytRules.n Busaness rules will be Trust Partner under the appended to this contract detailing is privacy to meet security If HIPAA Transaction practices that a Business Associate q Au us Standards and Code Set F t 17 inal Rules at 45 CFR Pa�sO and 162, m t to Hospital District, 2000, apply due to any electronic bills Contractor may sub Contractor agrees that the billing information shall requested by meet theHIP tal nD strlict, Standards and Code Set Final Rules. appropriate Trader Partner Agreement, Contractor agrees that it will enter into an appro p Business Associate Agreement, and/ules.Chain parties agree to negotiate y te for thirty to comply with the aforementionedPartr (30) days with the goal of reachi em ociate Agreement and /or Chain of Trustrading Ag eementnlf ® Agreement, Business Ass the parties fail to agree and fully execute such an Agreement or Agreements by terminate this Agreement upon the end of thirty (30) days, either party may written notice to the other party. )(XXII. MULTIPLE ORIGINALS in two (2) copies or more by all parties, This Agreement may be fully executed each of which bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the par-ties tes u deeeach signaatduee and executed this Agreement on the respective da Provider: City of Dania Beach - 16 - Contract#. 03-2820 This 29 page contract, inclusive of Exhibit A, is hereby executed as follows: Approved as to form by: JOHN MILLEDGE, ESQ. Republic Tower, 110 S.E. 6`h Street, 15" Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 John Milledge, Esq. PROVIDER: COUNCIL: City of Dania Beach SIGNED SIGNED B BY: Y: NAME: Ivan Pat- NAME: Jack L.Moss TITLE: City Manager TITLE: Chair DATE: DATE: Provider Federal Identification #: 59-6000-302 Attachments to Agreement: Exhibit A: Scope of Work Provider: City of Dania Beach - 17 - Contract #: 03-2820 EXHIBIT A SCOPE OF WORK Agency Name: City of Dania Beach Program Name: M.O.S.T. 2003 Contract #: 03-2820 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 will 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 shall incorporateinP orlf oaatelly toward key features tof succets ssfubl!lities of guality the target population. The Provide P 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 peers which provide for ■ Engaging age-appropriate activities involving social recreation and cultural enrichment ■ Caring, well-trained and consistent staff ■ A ratio of adults to youth which allows for the development of close bonds between the youth and an adult ■ Academic interventions which provide for remediation and enrichment, in addition to homework assistance/ Career development and job skills training for older teens promote positive youth • Life Skills/Social Competence training to p 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: 1. Youths will maintain/achieve improved school performance, attendance and behavior. 2. Youth's peer relationships will be more positive and free of drugs, vio ence, gangs and delinquent associations. Provider: City of Dania Beach t 8 Contract#: 03-2820 3. Youths 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. . Program Intent Students attending Collins Elementary School shall be provided with the opportunity to enhance their educational skills, social skills, and physical endurance in a safe and secure environment through a daily schedule that includes reading and math instruction, tutoring, homework assistance, social skills development, physical fitness activities, computer time, cooking lessons, and mentoring. The students participating in the program shall be walked over to C.W. Thomas Park Recreation Center by the program's counselors on both school days and early release days. A total of 25 field trips shall be offered on non-school days throughout the school year, and school buses shall be may access the provided by After prior School he beginning of the schoolsyear and staff will be present on site registering for their children p registration. Fresh, well-balanced snacks shall be served each day. Juice and water shall also be available throughout the day. On non-school days, the children will be required to bring a box lunch from home. If it is determined that a family is unable to provide a lunch, due to economic reasons, the City of Dania Beach shall provide a nutritious lunch for them, following the same guidelines implemented through the School Board and the Department of Education. The City of Dania Beach shall contract services with After School Programs, Inc., for ;`tom ' staffing of the program. In partnersWiphwtheithCochildrenl'smteachersheega dtaff �ng After homework Programs, Inc., shall coordinate I information, areas in need of remediation, behavior, and other areas related to each child's school success. A quiet, supervised environment shall be provided at least one hour daily for students to complete homework or participate in enhanced academic activities, including silent reading, tutoring or individual homework assistance. Supplies such as paper, pencils, dictionaries, and calculators will be available at no cost to the students. Three (3) Broward County school teachers will be employed to supervise and assist students during this time, and counselors will be present to assist the teachers. The Dania Beach Seniors Club will also be involved with tutoring, m sed on a ng, and qecoming uarterly foster to grandparents. The San Diego Quick Assessment tool willll be be u q basis assess the students' word recognition skills. Provider shall offer daily outdoor time (weather permitting), as well as a minimum of two hours each week of age and grade level-appropriate sports, games and activities that ld is focus on physical fitness. Pre-testing of these skills be ed he conducted rst week hquarterly enrolled in the program. Period+cam st�n9 rvices Council or revie with all results submitted to ildren s Se t The Skillst er aming curriculum shall be included in the schedule twice per week. A total of 40 (forty) skills will be focused on throughout the school year to enable the student to comprehend and master classroom survival skills, making with Istress� Pre-assessme aling with nt and alternatives to aggressive behavior and ways of coping with results being shared F post-assessment tests will be corld�d on a quarter) basis , Provider: City of Dania Beach 19 - 1 '✓ Contract #: 03-2820 - _ ', with Children's Services Council as well as Collins Elementary School and parents. The social skills strategies implemented into the Skillstreaming Curriculum will be used by all staff throughout the day as reinforcement of this vital tool. 2. Target Population Target populations for the M.O.S.T. Programs are youth who who are are T pdr ticipating low /enrolled in other out-of-school time year round programs, income families in the general population. The program shall serve children of the following ages and populations: • General Population, Young Children, Ages 6 to 10 The Provider shall provide services to the following populations: 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. 3. Service Delivery Core Services e provided to address the specific needs of clients. Program Services shall b ® They shall include: Service Name and Description ' # of Participants: to be sen►ed P.O.W.E.R. ,Positive Outlooks With Educational Rewards" 70 After ScPoei Qrogram 1 A tot I of 60 c ildren will participate in a safe after school and . 70 holiday ram supervised by a trained staff All children will receive a minimum of 1-hour daily of remedial 70 or enhanced academic assistance such as homework assistance, tutoring, or silent reading by a Broward County schoolteacher. rBroward children will receive 1 hour of so:ae kills activities using 70 skill-streaming curriculum twiceek by trained County teachers.children will participate in 1 hour of age appropriate 70 physical fitness activities two times a week based on the President's Physical Challenge. • Provider: City of Dania Beach Contract #. 03-2820 �� • Service Name and Description fi t PaIcIR�nts s y se.�e� ..70 All children will be exposed to role modeling by qualified, trained staff members during all recreational and educational after school activities. 70 All children will be provided with an educational and entertaining show or activity on all Early Release days (may include Mad Science, High Touch/High Tech, Multicultural/Character Ed show). 70 A full day program that includes educational, social skills, physical activities and/or a field trip will be provided on all no school days. (Based on an absentee rate of 44.5%) Service Locations: The Provider shall provide after-school/non-school hours program services at the following location: C.W. Thomas Park Recreation Center 800 N.E. 2 St. Dania Beach, FL 33004 m the Provider shall provide the Council with a thtten e program.statement Siter�hanger are subject owner to the Provider authorizing use of the site for to Council approval. Dates/Days/Hours of Operation: The Provider shall operate the after-school care from accordance with tge 09/30/04, Monday through Friday, on all school School Board of Broward County's official 6:00 h l. Oneearly release daysSthe of operation shall be from 2:00 p.m. throughPm hours of operation shall be extended to ensure that youth are served immediately upon their release from school. lOn school holidays and teacher planning days, the hours of operation shall be as j follows: 12:00 p.m. to 6:00 p.m. Early Release School Day 7:45 a.m. to 6:00 p.m. Non-School Days —Monday through Friday Schedule of Activities: services The Provider shall provide after-school/non-school hours program according to the following schedule of activities: • Provider: City of Dania Beach - 21 Contract#. 03-2820 3:00 pm 5 OO pm 5:OOpm • KINDERGARTEN 2.00 pm 300 pm p —6:00 4.00 pm m . Free Monday Attendance/Snack/ "Academic Physical Activities Choice Outdoor Assistance Club *Academic Social Skills Free Tuesday Attendance/Snack/ Choice Outdoor Assistance Club Wednesday Attendance/Snack/ 'Academic Art/Cooking/Computer Free Choice Outdoor Assistance Club *Academic Social Skills Free Thursday Attendance/Snack/ Choice Outdoor Assistance Club Friday Attendance/Snack/ *Academic Physical Activities Choice Outdoor Assistance Club 00 m 3.OQ pm 3:00 pm 4 00 pm 5 OQ pm 560pOm 1a G�tADE 2 P 4 0.O F m Free Monday Attendance/Snacks/Sports 'Academic Social Skills Choice And Games Assistance Club Tuesday Attendance/Snacks/Sports *Academic Physical Activities Free Choice And Games Assistance Club Free Wednesday Attendance/Snacks/Sports *Academic Social Skills Choice And Games Assistance Club Thursday Attendance/Snacks/Sports *Academic tance Physical Activities Free Choice And Games Club Friday Attendance/Snacks/Sports *Academictance Cooking/Art/Computer Free Choice And Games Club 3:00 m 4�00 pm 5 00 pm 5:OOpm 2:00 pm 3 00 pm p_. -�6 00 ;: 2" GRADE 400 pm m , Free *Acaemic Monday Attendance/Snacks/Sports Assistance Social Skills Choice And Games Assis Club Tuesday Attendance/Snacks/Sports *Academic sasdemictance Physical Activities Free Choice And Games Club Wednesday Attendance/Snacks/Sports *Academic sasdemictance Cooking/Art/Computer Choice Free And Games Club Provider: City of Dania Beach 22 Contract#: 03-2820 • Thursday Attendance/Snacks/Sports *Academic Social Skills Free Assistance Choice And Games Club Friday Attendance/Snacks/Sports Academic Physi ti cal Activies Free Choice And Games Assistance Club 3:00 pm 4 00 pm 5 00 pm 5 OOpm 3 GRADE 2:00 pm 3 00 ptn 6 00 4 0o pm m y H *Academic Art/Cooking/Computer Free Monday Attendance/Snack/ Choice Sports and Games Assistance Club *Academic Social Skills Free Tuesday Attendance/Snack/ Choice Sports and Games Assistance Club Wednesday Attendance/Snack/ *Academic Physical Activities Free Assistance Choice Sports and Games Club *Academic Social Skills Free Thursday Attendance/Snack/ Choice Sports and Games Assistance Club Friday Attendance/Snack/ *Academic Physical Activities Free Assistance Choice Sports and Games Club 3:00 m 4 00 pm 5 00 pm 5:00 m • 4 GRADE 2 00 pm 3 00 pm p 6 00 4 00 pm ,z al Activities . . Free Monday Attendance/Snacks/ *Academic Physic Choice Sports And Games Assistance Club *Academic Social Skills Free Tuesday Attendance/Snacks/Sports And Games Assistance Choice Wednesday Attendance/Snacks/ *Academic Cooking/Art/Computer Free Choice Sports And Games Assistance Club *Academic Social Skills Free Thursday Attendance/Snacks( Choice Sports And Games Assistance Club Friday Attendance/Snacks/ *Academic Physical Activities Free Assistance Choice Sports And Games Club 2:00 pm —3 00 pm 3:00 pm 4.00 pm 5 00 pm S:OOpm„ 5 GRADE 8 00 400 pm m . ..... ... .. . . *Academic Social Skills Free Monday Attendance/Snacks/ Choice Sports And Games Assistance Club • Provider: City of Dania Beach - 23 Contract #: 03-2820 `Academic Physical Activities Free Tuesday Attendance/Snacks/ Choice Sports And Games Assistance Club "Academic Social Skills Free Wednesday Attendance/Snacks/ Choice Sports A'Rt! Games Assistance Club Thursday Attendance/Snacksl *Academic Physical Activities Free Assistance Choice Sports And Games Club Friday Attendance/SnFree acks/ `Academic CookinglArt/Computer Choice Sports And Games Assistance Club II. Staff Qualifications If4 Staff positions qualifications and duties shall be as follows: wt. i 7 h,Yt , 5 r-Y.t• n t 4 I > Y�,i��. '; fit` � Rt�t ad�y {�'�.s3 f 9 P. Jrd:Pt , - }� ' r 1 , 2 Lr�,1 •� .1rk � .. . ''5..,.. Parks and Recreation Oversee After Zr�` School Master's Degree 10 year minimum in Programs, Inc. to ensure all Director (1) Recreation aspects of grant requirements are being met 2 ears minimum Installation of new computers, Computer Technician Bachelor's Degree y programming, and (1) maintenance After School Master's Degree or 15 ears or more Organize, plan, and supervise y the educational and Programs, Inc. Bachelor's Degree recreational programs Administrator (1) Provider: City of Dania Beach 24 Contract #: 03-2820 d S'1 t y xL r+ ,J.r 6p i'ttr.'' kv+ c .;•t�';�5 �� f } 'tM" 1 t 4Lt2 n °1i�s�ik � A.�, .M;� �.��r�.���'�.,.� '������,t��Q�,�,�t.'.���.e',w r vie,Jn F�,.� -.�.,-4: 5 ears with Actively supervises the site to After School Bachelor's Degree or 3— Y company(3 years ensure program Programs Inc. CDA or AA Degree or is operating Area Coordinator (1) 60 college credits with experience as Site using best practices 6 credits in early Director) childhood education HRS 40 hours 3—5 years Assist Area Coordinator with After School Bachelor's Degree or supervisory responsibilities Programs, Inc. CDA or AA Degree or Site Director (1) 60 college credits with 6 credits in early childhood education HRS 40 hours After School H.S. diploma Previous child care Responsible for direct experience supervision of children and Programs, Inc. HRS 40 hours implementing all program Counselors (4) activities Administration, record keeping, After School H.S. diploma 1 year minimum data collection coordinator and Programs, Inc. organizer of performance data Data Collection and invoicing Specialist(1) Provider: City of Dania Beach _ 25 - Contract#: 03-2820 G v ,x i '`Y i � Fs�M• �j ��� �k.¢..,,� � �' .?��. ..�'j' m+rPP(v 1 year or more Responsible for assisting After School Bachelor's Degree y students with homework, Programs, Inc. tutoring and implementing the Teachers (3) skill-streaming curriculum (Academic programs such as homework assistance, tutoring, reading, skill-streaming) III. General Operating Information A minimum of 70 unduplicated children shall be served during the period of October 1, 2003, through September 30, 2004. st comply with background screening and All contracted staff working in the program mu 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. Unit of Service 1. The Units of Service are defined as follows: ■ After School Unit One (1) unit of MOST after school cares) hours per vice is fday of after school of two (2) hours and a maximum of six(6 care on regular school days and on early release days. l x • 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. 2. The maximum number of units to be provided under this contract is as follows: (Refer to Part II-F, 46) October 1, 2003 through September 30, 2004: 10,710 Units of MOST services (invoice type #9220 GP) at $6.69 not to exceed $71,649.90. • Provider: City of Dania Beach 26 Contract#: 03-2820 1369 Units of Non-School Day services (invoice type #9221 GP) at $13.38, not to exceed $18,317.22. Total for all services combined not to exceed: $89,967.12 V. Method of Payment 1. 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 $89,967.12- 2. 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 ed client for and service data information. No invoices will be processed in payment if required backup documentation has not been provided 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 o supplant any other sources of funding including, Medicaid, private insurance, and/or, client fees. 3. 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 kyind contributions, in accordance with the approved budget, 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 c foracts this between the parties. The total amount of Match to be applied contract shall be a minimum of 12.5% of the total reimbursed contract amount through September 30, 2004, in accordance with the approved line item budget, hereby incorporated by reference. 4. 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 27 - Contract#: 03-2820 VI. Performance Measures The provider shall adhere to the following six (6) required performance measures for • general population, which address youth risk and protective factors: Mandatory Outcome Measures for General Population 77777777777 Type oft Servi ': f 1� Demonstrated by ce/ �k Outcomes Indicators Evaluetfon Activities* a 100%of children - No emergency Review of Incident 1. All services will Children will be will not experience room visits Report forms be provided in a provided a safe, serious injury No valid abuse safe environment positive requiring reports supervised by environment. emergency medical - No arrests trained and caring care, abuse, or an staff. arrest while in the program 2. Interesting age- Community and 85% of children One (1) hour of social Pme/Post Poured tests who regularly skills activities two (2) ( appropriate social peer protective quarterly) interaction, factors will be attend will times a week using q Y) recreational activity, increased and demonstrate the Skillstreaming Tool will be modeling and role risk factors will improved social Curriculum provided by the playing activities at be decreased. skills tins with - Modeling Council (will follow aco least two (2)days a the Skillstreaming week while in care. peers and adults. - Role-playing Curriculum) - Performance feedback • 3. Children will Children will 80% of Children - Improved study Report cards habits (grades in core receive a minimum maintain/improve attending the Increased classes: English, of one hour daily of their school program will - math, science a& remedial or performance and maintain or improve homework social studies) enhanced academic attitudes towards their academic completion (measured assistance e.g. school. performance. - Improved grades- Obtained pre- quarterly) tutoring, reading employment skills silently, homework assistance or career exploration (late adolescents) - Improved study Number of 4. Children will be Children will 80% of Children habits disciplinary/interim exposed to role maintain/improve attending the Increased school reports (measured modeling behavior their school program will by responsible behavior and maintain or improve attndancattendance quarterl y) adults in the attitudes towards their school homework provision of after school. behavior. completion school tutorial and - Decreased recreational behavioral activities referrals - Obtained pre- employment skills • Provider: City of Dania Beach Contract#: 03-2820 - �g Servicel'� � Y Diem nstrated;bye '" `� ©utconles # Indicators Q Evaluation 5. Children will Children will 80% of Children Improved study Outcome to be receive a minimum maintain or attending the habits measured of one hour daily of improve their program will - Increased quarterly, using the remedial or reading and word maintain or improve homework San Diego Quick enhanced academic recognition skills their word completion Assessment tool assistance e.g. recognition skills. - Improved grades (word recognition tutoring, reading - Obtained pre- measurement tool) silently, homework employment skills assistance or career exploration late adolescents ( Children will Children will 80% of attending One (1) hour of Pre and post 6.participate in improve their children will physical fitness assessment on the regularly scheduled physical increase their activities two (2)times tool provided by recreation, sports functioning. physical functioning a week using Indoor the Council and physical by improving their and outdoor sport conditioning strength, endurance activities designed to: Shuttle run activities (2 times a and/or flexibility. - Increase speed week) to improve endurance 0 Walk/run their strength, - Increase speed endurance, strength/power • Distance flexibility and team - Increase flexibility softball is building. thrown ' 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. Provider: City of Dania Beach Contract#: 03-2820 - 29 - f CITY ®1 DAl\IA BEACH MEMORANDUM TO: Bonnie Temchuk, Assistant to City Manager CC: Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney DATE: August 6, 2003 RE: After School Care Contract with "ASP, Inc." and Agreement with Children's Services Council I reviewed the "ASP" "Contract for Services" and want to ensure that there are no oral statements or other promises, expectations or the like that are not covered in that contract (or the Children's Services Council Agreement, which will be an attachment to the Contract). Please note that you should have a duplicate original of the Contract (only one original, signed by Mr. Wolneck of ASP, was sent to us - you may have the other signed original). I also reviewed the Children's Services Council Agreement (and its Exhibit "A"). Note that it begins on October 1, 2003. The following matters should be considered or addressed: 1. I have "marked-up" a photocopy of the Agreement to indicate minor corrections, comments and matters that the City should consider. 2. Page 10, Article X: requires the City to obtain "prior written approval of the Project Administrator" before "ASP" fir_can be approved to perform the Program work. 3. The Agreement has attached to it an "Exhibit A", entitled "Scope of Work", paginated as pages 18 to 29,,inclusive. However, a separate "Exhibit A", paginated as pages 1-12, inclusive was also furnished. It appears that the Exhibit attached to the Agreement is the more current version (especially since the other version references the period of August 25, 2003 through September 30, 2003 on two or more occasions). Please advise as to which is accurate. In any case, it appears that both documents'are otherwise acceptable to the City. �\ 566.028 �I TJA:slw • Bonnie Temchuk January 22, 2003 Page 2 Attachment • 2 5 � r '-`' " Jii '��..\ll 1 F 1�.;Ail,°� ^,i;♦y �."i i\e i�. �+ �\ >, i'r x 1 }. a A\ 1 t F 1y i_ i,0. { \ .* `1. 1 0 �1 �.�' ♦ �1 1 1 1 �' fa MEN �. ' ' si -✓ 54[1Ck�,1 . - � :��~S'i � * � 3 h q�` ��.,q�4-3 �?� .yn4� � � 1. i 5 Y .+'yp 'G{C• t `y k. '� .. 33 4• ..ram{'�: u`c{..'�.. F. �,,� — ..d. .. .. z4aR{ M�!K -4a �i R ; s + tl .roi�"C�"�'rY. *Z' ,fit yi t ti "a. '.ay..Xi#f Sr F'i "i' , s - ., Nb ------- GES �R _ s ,�v�y*. 'VJs.7s.. o•.- iL'�' y : �+�s rt 3r �f.�"�JN 1 {_ h�f& y py ,`4 a. ' °" „ �A ,�,.ski =f o'? flt s : .�Itiy ���yy,�■{y��j',�{�,S■/Ye �ji ` "'� �,c�7%yM� $:4 S r31 LY �ry �ekfA !r��J���tM1'Yt;Y9.■"Y4'�YIFF � ��.'4 �� 2'.. aq��j�"�xf'X'h 2 . ���• r t r£kem r j f�i��.6£r�S'�cp' ' ?`R 7 n M�` �'� l x �n,4� sb ss,,�" t���� ti "j ,- r - r 4 -Miff, ds, ` 4 - .•"• a P a vv' '."�3 " `� Sr3s<'. 'zs A,: CHILDREN'S SERVICES ��+.+ p�p�■��■.. T py.�. & i. COUNCIL '�¢ yF �E��bs ■ ■ ® ,� aA� 5 �. Nv. '#'+4xa f a j�,#"T„♦,,3 ^.aa* w <• s a, q c� r � trs t dMEMBER S. No. y" ` qr• L. ;y�'Jack Moss,Chair s�ro�'-'�dl 4 rye,.�a� Pte a�` 7f '. � r+as,�� rpyx:•T����itrMr'.'P�{r•4� v DCF District Administrator ftlFY� t ;r f. S .�ssrK. r 7 yyf r cxcxt e.._ u i C xr r u r r t - x ,�n Y ro-D�,."Xr lA''i*.t• Carole Andrews Vee Chair (' h�r7Y w � �N 4#° School Board Member 'k` R �W s zr rl d1 s & � Honorable Julie B.Koenig, � n Secretary �'�� y3y`r Governor Appointee ' Honorable Lawrence L.Korda, � ,�,�+. �'' -��°w���,��. .•,i.+" w��Y - .,. Immediate Past Chair Judicial Member Gregory Darden • Governor Appointee Commissioner SuzanneN.Gunzburger * f BC Commissioner Marti Huizenga Governor Appointee ` 4 sk ` ,gyp• xx 5f�s?'ry#-4 Si.,k.s T �79' S3 Laurie Sallarufo J. i Governor Appointee MAXIIVl lZl l�l G N U r ® �� �• '� i `° , .k ?` a a •per^. .� +4x Dr.Frank Till School Superintendent +, K., ���� XIV �M■®jPN . .� "a} ¢ '' r-r�3 x ^. I. 4 r 2`7`T *al: U '-� Ana M. 1/alladares � ? t 2§ r y t �¢�'�}}. fr i Governor Appointee .' ~':i ,. ,*,-;h �,4r:�;,.�s?.wt ..w•t�.° ^�•�� :':Y� .y� .ar�k��a "�{i,s y.a.r $�y �R®GAl�ls ®f3#�C�-1®O STAFF Y0�1T'H �,+ y XX " r vx ' Y Y C T '} �rt/ i 'i(d' '3 i ` �� '�i�� CindyArenberg Seltzer J. President/CEO ®a#es Available � ay �� ne 'l0 2003 LEGAL COUNSEL I 71, ' n 'M - '�. v tit.' s '°aoaY`.at ■« .r.. ,rl�r '" .i. 'k'�y ,�w` ys=. ks t*'��John AIilledge - Note: Existing M®sT �r®VI erS are not elog'ble y $O .PPPly �antlertG�1s � � "r4 Garr Johnson � 4 ram" M11 ++ ` '�SiYFr'�sta,,art, 351 North State Road 7 Surte 200 • 1 z � °` n"t 3 r "a `� ,["tra ' -'�'�`y}' r�t, I� Plantation, Flonda 33317 } ;. 1 �;:, rda 377-1000/Fa jil jy.'+.s, Phone (954) x(954)`37T-1683 'All irv.rscbroi i"ard orr I i 4 Table of Contents Page Number Section I: Introduction A. Request for Proposal 4 B. Children's Services Council -4 C. Statement of Purpose 5 D. Prohibition on Lobbying 6 E. Conflict of Interest 6 Section II: Scope of Work A. Out-of-School Time Programs: Model Programs and Effective Strategies 6 B. Program Requirements 10 C. Target Population 13 D. Units of Service 13 E. Performance Based Outcome Measures 13 F. After School Child Care Quality Standards 16 Section III: General Information and Proposal Criteria A. Who May Apply 17 B. Terms of Agreement 19 • C. Joint Proposals 19 D. Proposal Submission 20 E. Pre-Bid Proposal Conference 20 F. Type of Contract& TANF Requirement 20 G. Method of Payment 21 H. Inquiries About the Application 22 I. Collaboration 22 J. Application Time Table/Important Dates 23 K. Application Criteria 24 L. Delivery 25 M. Selection Criteria 25 N. Ownership of Application 25 O. Trade Secret and Confidential Materials 26 P. Pre-Contract Agreement Expenses 26 Q. Appeal Process 26 R. Required Match/Allowable Administrative Cost 27 S. Program Monitoring/Evaluation 28 T. Organizational Profile 28 U. Other Requirements 28 V. Application Rating Form 30 - 2 - PA3X1! } i • Table of Contents (Continued) Attachments (Separated by Dividers) Attachment I: Common Grant Application Attachment II: Common Grant Application Instructions Attachment III: IRS Form W-9 Attachment IV: Council Core Contract Attachment V: Word Recognition Tool Attachment VI: Physical Fitness Tool for General Population Attachment VI I: Submission Checklist Attachment VIII: Rating Tool - 3 - PA?ximlzing, Out, Tir",u !ACSTI 7003 _. S i+t}ii: IJ3'1' D'U'`e The Children's Services Council of Broward County Request for Proposal #03-PS-008 Maximizing Out-Of-School Time (M.O.S.T.) Programs For School Age Youth PROVIDERS WHO ARE CURRENTLY FUNDEDY THE COUNCIL TO: PROVIDE MOST PROGRAMS) ARE NOT ELIGIBLE TO APPLY,UNDER THos RFP SECTION I: INTRODUCTION A. Request for Proposal The Children's Services Council of Broward County (the "Council") invites qualified Providers to submit proposals for providing innovative year-round after-school programs for school age youth,as described in the following attached specifications. Written proposals using the required forms and format provided herein must be delivered to the Council office by Tuesday, June 10,2003 at 12:00 p.m., Noon, DST, at 351 North State Road 7, Suite 200,Plantation,Florida,33317 to be considered. B. The Children's Services Council Recognizing that the needs of children in Broward County, Florida far exceeded the resources and support systems available, a referendum creating the Children's Services Council of Broward County, herein referred to as "Council", as a special independent taxing district was approved by voters in September, 2000. Established by Statute effective January 1,2001,the ten (10) member Council is comprised of five(5)individuals appointed by the Governor based on recommendations by the Broward County Board of County Commissioners and five(5)members appointed by virtue of the office or position they hold within the community. These members bring to the Council an understanding of policies and programs affecting children, knowledge of the diverse and multi- cultural needs of the Broward community and a firm commitmentto improving the welfare of children and their families. Our Vision All children in Broward County shall have the opportunity to realize their full potential, their hopes and dreams, supported by a nurturing family and community. Our Mission Provide leadership, advocacy and resources necessary to enhance children's lives and empower them to become responsible, productive adults through collaborative planning of a continuum of quality care. • - 4 - Maximizin Out.nf-Schnrl Vnie F... The Council is supported by staff charged with, among other responsibilities, creating and ® implementing an application process designed to develop and/or expand"best practice"approaches to strengthen families and meet the needs of Broward's children. This Request for Proposal focuses on the Council's Service Goal VII, as summarized below. Goal Vll Problem: Too many children spend out-of-school time in unsupervised, unsafe, unproductive environments which contribute . to delinquency, victimization, academic failure, and other problem behaviors. Goal. Increase availability of out-of-school programs for children in the general population and children with special needs. Objectives: *Provide funding for after school and out-of-school day programs for at least two(2)neighborhood-based programs providing linguistically and culturally appropriate services for middle school youth ages 11 to 15 years; and I - * Provide funding for programs for special needs children available on the east corridor of Broward County, an area identified as underserved. At the direction of the Council, there is an emphasis on providing services with demonstrated effectiveness and successful replication. • C. Statement of Purpose The Council is seeking applications from community-based organizations for proposals to provide year-round after-school/non-school hours programming for school youth which will: Provide a safe, positive environment for youth which will 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. The intent is to expand the capacity of the provider network for out-of-school-time programs; therefore existing agencies funded by the Council for MOST services are not eligible to apply under this RFP. Programs will be effective in accordance with the School Board of Broward County's 2003/2004 school calendar. Contracts awarded under this procurement action will have the option of one (1) subsequent renewal period for 2004/2005. The option to renew shall be at the sole and complete discretion of the Council and subsequent . renewal periods will be subject to renegotiated outcome measures and other contractual terms. • - 5 - M�r.im�.��rrs Time(WlOST` M)7, - ,. D. Prohibition on Lobbying Applicants are hereby advised that, pursuant to Council By-Laws: The Children's Services Council shall not award funding to an organization, person, or entity which has hired a person,whether directly or indirectly,or consented to or acquiesced in the employment of a person,whose principal responsibilities are to lobby a member of the Children Services Council on behalf of the organization, person, or entity which seeks funding from the Children Services Council. Subject to the foregoing,an officer,director,official, principal, or bona fide employee of an organization, person or entity seeking funding may engage in lobbying without payment of any compensation or reimbursement of expenses for such lobbying, whether directly or indirectly. No monies granted by the Council shall be used by a Provider agency to hire a lobbyist or to supplant any funds which would allow for the funding of a lobbyist. Any Applicant or lobbyist, paid or unpaid, for an Applicant is prohibited from having any private communication concerning any procurement process or any response to a procurement process with any Council Member or the President/CEO after the issuance of a funding opportunity and until completion of contract award. A proposal from any organization will be disqualified when the Applicant or a lobbyist, paid or unpaid, for the Applicant violates this condition of the procurement process. E. Conflict of Interest All Applicants must disclose the name of any officer, director or agency who is also an employee of the Council. All Applicants must disclose the name of any Council employee who owns, directly or indirectly, any interest in the Applicants' business or any of its branches: Such disclosure must be submitted as a cover letter included with the Application for Funding, addressed to the Council Chair, no later than the proposal deadline. SECTION II: SCOPE OF WORK A. Out-of-School Time Programs: Models and Effective Strategies The Council will focus Out-of-School Time Programs funds 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 while addressing specific outcomes. A review of the literature indicates that programs which engage youth during non-school hours in activities that increase their academic, social, and/or life skills,ora safe and healthy environment for leisure/recreational activities, are effective in lowering risk factors and strengthening youth's protective factors. Communities reap benefits in terms of lower crime rates, safer neighborhoods and the development of responsible citizens. NOTE. The terms Out-of School Time, Non-School Hours and After-Care are used interchangeably throughout the RFP. After-school hours are also critical times for older children,ages 10 through adolescence. Statistics show that juvenile crime and victimization peak during the after-school hours on school days; and law violations increase through the afternoon and evening on non-school days. These are times • when youths are most likely to have little structured activity or supervision. Out-of-School programs have been effectively implemented to reduce violence and prevent delinquent behavior. Such - 6 - Maximizinn 0,0-(X-Schucl T 'nn (.,'!0ST1 RFF.tfri r DUE- . ow Err programs serve young people in their own communities and schools and provide for positive youth development through academic assistance, mentoring,bullying prevention programming, life skills training, social competence training, appropriate supervision, etc. According to demographic information reported by Broward Child Welfare Initiative (BCWI), there were more than 220,000 children enrolled in the 2001-2002 school year. The Broward County Public School District estimates that approximately 22,000 children are currently enrolled in the District's after care program; or only 10%of the students. Furthermore, 90%of the children served are in afternoon programs only, not out of school time programs so holidays and teacher work days remain unsupervised. The BCWI reports that youth in the 12 to 16 year old age group.are at a critical period of their life regarding their development and growth. Often,teenage youth are faced with peer pressure and the duty of having to care for younger siblings. Out of school time programs teach values and keep youth off the streets during early evening hours; therefore helping to reduce truancy, delinquency and juvenile crimes. The following objectives are currently part of the children's strategic plan: • To improve the academic success of students beginning in elementary school • To improve Florida Comprehensive Assessment Test total reading scores for grade 4 • To increase the percentage of grade 4 students scoring 3.0 or above on FCAT Writing Test In addition, the following strategy and sub strategies are also emphasized: • Strategy: Increase the availability, accessibility, and quality of supervised out of school recreation and tutorial programs ■ Expand out of school time educational enrichment that is aligned with the Sunshine State Standards. ■ Expand the school district's character education program and social skills training to more out of school programs. ■ Expand recreation and nutrition education activities that improve physical fitness. The current MOST RFP requires that providers focus on the sub strategies listed above. All programs are to have a daily enrichment activity which includes assisting youth with their homework and implementing a reading literacy program. Furthermore, MOST programs need to have a social skills component at least twice a week and a physical fitness component twice a week-. Out-of-School programs should also offer children opportunities for positive recreation and physical activity. This is especially important today because many schools have reduced or eliminated their physical education programs. Unfortunately,childhood obesity has become a national epidemic and "overweight children are at risk for cardiovascular diseases, diabetes, and other serious health problems." (Center for Disease Control, Press Release March 12, 2001). The Mott Foundation also identified the following positive outcomes correlated to quality after school programs: • In Los Angeles, a study of the after school program, "LA's BEST" found students who attended made significant academic gains,felt safer, liked school more and were less likely to participate in gangs. - 7 - ��i • r,.l:ihl a,(}„ r NVJST) 2003 RFP `r03 PS-1.,03 . 1 ® A Texas After School program, featuring strong parental involvement and an emphasis on academics boosted student achievement scores in 25 schools by 20% between 1993 and 1996. The research on 0ut of School Time .programs rnd�cates that quality rs not simply a longer school day It rs different rn both structuire,and content Programs that are based;;. on school/community partnerships often demonstrate the highesf levels of quahtI,The National School Age are Allrance'sjN "Standartls for Quality Schoij ol;Age Care" lists 3; "ke uality or an�zetl��nc��er�ilc cratggr�es T 4 Y yq g Human.Rela ion s"hip s ; o :"Staff shall relate and interact with the children%youth n a posrfive manner and should encourage chiltlren/youth to be1rnore responsible s y Indoor Environment o Allows chiltlren/youth to take initiative and{explore their interests k • Outdoor`Environment Activities o Allows students to be independent an creative Activities,t }x r o The program shall promote a wide van kty of�activifies to promote and develop new .; interests in children/youth z . 1 • Safety, Health & Nutntron T x o The program antl program staff shallr protect°antl en'tiance, the child/youth' and provide a safe antl superursed environment • � Administration x f µ o Staff shall supervise; children/youth atk all times,tsupport family nvolvernenf antl encourage community mtbradt16h , rt T t There are several Internet sites that provide evidence supporting the need for school age programs and examples of quality including; NSACA's home page, http://www.NSACA.org, 21st Century Community Learning Centers; http://www.ed.gov/21stccic, the Charles Stewart Mott Foundation,http://www.Moft.org/21 Century/and Fight Crime, Invest in Kids, http://www.fightcrime.org, to mention a few. Out-Of-School Time programs designed to serve children with special needs are should model successful programmatic components that have been proven to work. Maximizing Out Of School Time (M.O.S.T.)programs should provide positive experiences for children with special needs that underpin the successes they experience during the regular school day. Coordination with the Broward County school system should be clearly defined regarding the academic and social functioning of children with special needs. The Council would like to extend the concept of"inclusion" by encouraging applicants to provide services to children with disabilities during the course of administering Out-of-School Time programs to the general population; to the extent that services can be provided in a safe environment. • - 8 - Maximizing Out-Of-SrhnoI Time; S T It 10.r., RrP,#03 PS-OO.F V1Ma: . C.A0103,BE1°ORL Priority Service Areas To address the primary target populations, funding is available for applications that address the following 2003 Council priority for M.O.S.T. Programs to increase the availability of out-of-school programs for children in the general population(5 to 18 years)and children with special needs(3 to 22 years). Since MOST Programs funded by the Council for FY 02/03 included options for renewal, those funded agencies are not eligible to apply again under this RFP. Target Populations for the M.O.S.T. Programs are children/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. 1. General Population Children who participate in general education programs are those who do not require special assistance .during the school year, but are considered at-risk due to economic disadvantage, 2. Special Needs Population Children with special needs are those who have a physical, sensory or learning disability or difficulties in areas such as communication, attention or behavior as defined -by I.D.E.A. such as mental retardation, hearing impairments (including deafness),speech or language impairments,visual impairments,serious emotional disturbance orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services. (The Individuals-with Disabilities Education Act and Amendments of 1997) It is important for prospective contractors to be aware of the special needs associated with the range of disabilities they may encounter during the Out-of-School Time program, how each of these disabilities can affect learning and behavior,and what instructional practices and accommodations have proven effective with each disability. In accordance with State and Federal laws, special needs children must be afforded the same opportunities as the general population. According to the National Information Center for Children and Youth with Disabilities (NICHCY) (http://www.nichcy.org) the concept of "inclusion" can be 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. The following is a list of critical factors necessary to establish a successful inclusion program adapted from the National Information Center for Children and Youth with Disabilities (NICHCY). The Council encourages applicants to incorporate as many of the following factors as possible: 1. Establish a philosophy that supports appropriate inclusionary practices. 2. Plan extensively for inclusion. 3. Involve the executive director/administrator as a change agent. 4. Involve parents. 5. Develop the disability awareness of staff and students. 6. Provide staff with training. 7. Ensure that there is adequate support in the program. 8. Provide structure and support for collaboration. - 9 - WIXimiZinfi EZ(s -7- T) � -23 Ji .� fa3, �y ��1`;..::. G{;Y , {1?f%1 t�l k �"f �'I,F. ;�: 'U V°.71"� :•"s ` i 9. Establish a planning team for each included student. 10. Make adaptations. 11. Establish policies and methods for evaluating student progress. 12. Establish policies and methods for evaluating the inclusion program.. Replication of Effective Program Strategies Research has identified a number of after-school programs that have been found to reduce youth crime and victimization; however, not all after-school programs are equally effective in lowering risks to youth. Some key features of successful, quality after-school care programs have included the following: • 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 which provide for social recreation and cultural enrichment ■ Caring, well-trained and consistent staff ■ A ratio of adults to youth which allows for the development of close-bonds between the youth and an adult ■ Academic interventions which provide for remediation and enrichment,in addition to homework assistance/Career development and job skills training for older teens ■ 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. It is the intent of the Children's Services Council to focus on the replication of after-school programs and strategies with demonstrated effectiveness.Some model programs and promising approaches utilizing these strategies are identified in the Blueprints for Violence Prevention from the Center for the Study and Prevention of Violence, and by the National Youth Violence Prevention l3esource Center, as well as in the Comprehensive Strategy of the Office of Juvenile Justice and Delinquency Prevention. The websites referenced below contain useful information related to youth programs and after-school programs. Successful proposals will demonstrate how such effective strategies will be replicated in local programs. References http://www.aypf.org http://ooldp.ncirs.org http://www.safeyouth.org http://www.fightcrime.org http://www.urban.om B. Program Requirements (1) Social Skill Development: All MOST providers will be required to replicate the "Skillstreaming Curriculum" model ® (http://www.skillstreaming.com)forthe social skill component. The social skills component must be included in MOST programs at least two (2) days a week. Training for the "Skillstreaming - 10 - PJ�zx9rri��n�,0ut-�Jf.-$cheol �F.f� -PS-008:: , .. �f�.� r�fg4nl�.i �.'S��QR� 1�.�u �`J�:)�J;�•: �4�y. Curriculum"will be provided by the Council in August to all MOST providers. This program.can be ® used with children and youth from preschool through high school. In addition, this program is designed to be used with all populations including children with special needs. The Skillstreaming model "addresses the social skill needs of students who display aggression, immaturity, withdrawal, or other problem behaviors. It is designed to help youngsters develop competence in dealing with interpersonal conflicts, learn to use self-control, and contribute to a positive classroom atmosphere." The program is available for three different levels: Skillstreaming in Early Childhood (preschool through grade 1) Skillstreaming the Elementary School Child (grade 2-5) Skillstreaming the Adolescent(grade 6-12) (2) Fitness Development: Providers will be required to include one (1) hour of recreation, sports and physical conditioning activities a minimum of two (2)times a week. These activities should focus on improving strength, endurance, flexibility and team building. Assessment of the risk, needs and strengths of each youth should be taken into consideration in order to provide interventions that are tailored to each individual youth. Flexibility of services, scheduling and locations, incentives,etc.,are effective tools in engaging youth and families in non- school programs. Services should be provided at schools,community centers or other neighborhood locations, rather than office based, and should address transportation issues which could be a barrier to participation. Programs should provide flexible schedules to meet a variety of parental and ® community needs while providing services which effectively reduce delinquency and victimization during critical non-school hours.Collaborative,rather than coordinated,partnerships with community resources are necessary to provide comprehensive services to meet the needs of at- risk youth. Periodic Saturday events that promote community participation and/or community service are strongly encouraged. (3) Academic Improvement: All MOST programs shall include an academic component. Programs shall focus on helbing youth to complete their homework assignments. In addition to working on homework, programs shall introduce organizational and study skills to assist youth with time management of school work and homework. The academic component must be completed daily to ensure all youths are completing their daily homework assignments: The academic component may include: students working in teams and studying for an exam,older youths sharing studying tips with youngeryouths,enrichment type activities such as reading skills or math skills to improve overall school performance. (4) Overall Program Requirements: All programs must 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, addressing the above three required program areas. - 11 - M�xi s�r�r:'ri ^ t ',-•z�l;�«rl�•t�tr �n�4r +3"! ��.;u�S ��yy :tt^-.. CC,..:., ll 11 1:; 6�. .....;:..: R:��'`'.��3.`.rpsY•���C�':,,..,... ,,.., ... .,. - ,. ..:- L•�I�. Vi Y11.�.f GL� l+it.l.. '�i:'J::'h'�i.}.`� LJJ� .i.:.. _ .. Applicants must demonstrate in their proposal how services will accomplish the following: ® 1. Youths will maintain/achieve improved school performance, attendance and behavior. 2. Youth's peer relationships will be more positive and free of drugs, violence, gangs and delinquent associations. 3. Youths 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. *Researchers have identified a number of risk and protective factors which are predictive of victimization and delinquency among youth;they address factors related to the community,school, the individual and peers-and the family(Hawkins, Catalano & Miller, 1992.) Refer to the following Youth Risk and Protective Factors chart. Youth Risk and Protective Factors Risk Factors Protective Factors Community Risks Community Factors 44 Availability of drugs/firearms d. Community norms and laws which inhibit .4- Community norms and laws favorable drug use,firearms availability,gangs and toward drug use,firearms and crime crime. High mobility indexthigh transition 4, Low availability of drugs/firearms 1: Low neighborhood attachment Ai Stability of membership • 4- Extreme economic deprivation (poverty) 4. Strong neighborhood attachment 4- Media portrayals of violence 4, Opportunities for positive interactions among members Family Risks Family Factors 44 Family history of high risk behaviors 4 Effective parental supervision and 4 Persistent, serious family conflict discipline .- Favorable parental attitudes/involvement in oL Positive family communication and conflict problem behavior(alcohol,tobacco and resolution skills drug use,anti-social behavior,etc.) 4 Strong family attachments 4. Family management problems (poor 4, Positive parental support and involvement parental supervision and discipline) 4� Pro-social attitudes of family members 1- Family history of abuse/neglect/domestic violence School Risks School Factors Early/persistent antisocial behavior 4 Academic success Academic failure 3. Strong school commitment -a- Truancy d. Positive attitudes toward school 4. Poor graduation rates/high rates of school 4 Opportunities for involvement in school drop-outs activities outside the classroom 4- Lack of school commitment 4, Consistent school attendance Individual and Peer-related Risks Individual/Peer Factors 4. Alienation and rebelliousness 4. Positive self-esteem 4- Early initiation of problem behaviors 4� Pro-social peer associations >4- Friends who engage in problem behavior 4. Healthy beliefs 1 Constitutional factors (poor anger/impulse 4, Clear, positive behavior standards control, low harm-avoidance,sensation 4. Positive relationships that promote close seeking) bonds L Favorable attitudes toward antisocial d Resilient temperament ® behavior 46 Positive social orientation References:Hawkins,Catalano&Miller,1992.Adapted from Communities That Care - 12 - M,1xirn1 7.7!►',?,nVt-0f,-Schco! Tier.,: (M^ST) 2 ^? i';"Fa .r`tit.J I'��! �c`�;?.. ' :. ;-:.. G':�.f},. ,:rt�'�Ffl�-�F'�F�(i's•'12c�0 l`�'-'.3f<:� '.:l:y'I . . These programs should also increase the ability of at-risk youth and their families to access existing community resources to meet their educational/vocational, mental health, substance abuse and other needs related to family stability and positive, successful youth development. (5) Requirements for non-school days and extended school breaks (winter break/spring break) MOST services must be provided on teacher planning days,school holidays,days of early dismissal and extended non-school/vacation days (spring/winter break). School aged children/youth will participate or be exposed to community resources and role models during community service activities and/or community work projects. An explanation of proposed activities should be included in proposal. C. Target Population Client Populations and Age Ranges: General Population Special Needs Very Young Children N/A Ages 3 to 4 Young Children Ages 5 to 10 Ages 5 to 10 Early Adolescents Ages 11 to 14 Ages 11 to 14 Late Adolescents Ages 15 to 18 Ages 15 to 22 Programs should be neighborhood-based and applicants must clearly define the target population to be served by the proposed program(s)and the processes to be used in that identification. Proposals should demonstrate the program's ability to meet the needs of diverse youth and be tailored to meet the unique developmental, cultural and linguistic needs of identified populations. D. Units of Service After-School Unit (for-general population preschool and elementary school aged children) One (1)unit of after-school care is defined as a minimum of two(2)hours and a maximum of five(5) hours per day of after school care on regular school days or on days of early dismissal. Non-School Day Unit One (1) unit of non-school day care is defined as five (5)or more hours per day. Sub-units may be allowed for partial time at a_percentage rate to be determined by the Council. Non-school units occur when school is closed for teacher planning days or holidays. The line item budget provided to support the proposed unit cost, including costs associated with necessary service documentation requirements, is subject to Council negotiation and approval. (Reference,for example,www.cwla.org) Units for programs serving adolescents and children with special needs have the option of billing in sub-units as negotiated and approved by the Council. E. Performance Based Outcome Measures Proposed programs are required to have a total of six (6) mandatory outcomes addressing youth risk and protective factors(general population)and four(4)mandatory outcomes addressing youth risk and protection factors (special needs population). - 13 - Maximjzing-Otit-Of­Och,eu;Tara iUi=:"is17 .1i13CvF� °i :C�E`i�C: 1h} In responding to outcomes, no changes may be made in the "Outcome" or "Indicator" columns. Programs may make changes in the "Service/Activities," "Indicators" and "Type of Evaluation" columns as they design the specifics and creativity of their proposal. Proposals for the General Population must use the Tools presented in this RFP for evaluating service activity#2/Skillstreaming Curriculum and service activity #6/Physical Fitness Curriculum (ehsycal Fitness Tool has been developed and approved by the council for general population)for general population. (1) The Mandatory Outcome Measures for General Population are as follows: Service/ Type'of Outcomes Indreators Demonstrated b Activities*: y Evaluation . 1. All services will Children will be 100% of children - No emergency room Review of be provided in a provided a safe, will not experience visits Incident Report safe environment positive serious injury - No valid abuse forms supervised by environment. requiring reports trained and caring emergency medical - No arrests staff. care, abuse, or an arrest while in the program 2. Interesting age- Community and 85% of children who One(1)hour of social Pre/Post tests appropriate social peer protective regularly attend will skills activities two (2) (measured interaction, factors will be demonstrate times a week using the quarterly) recreational activity, increased and improved social Skillstreaming Curriculum modeling and role risk factors will skills and Tool will be playing activities at be decreased. interactions with - Modeling provided by the least two (2) days a peers and adults. Role-playing . Council (will week while in care. Performance follow the feedback Skillstreaming Curriculum) 3. Children will Children will 80% of Children - Improved study Report cards receive a minimum maintain/improve attending the habits (grades in core of one hour daily of their school program will - Increased homework classes: English, remedial or performance and maintain or improve completion math, science enhanced academic attitudes towards their academic - Improved grades a& social assistance e.g. school. performance. - Obtained pre- studies) tutoring, reading employment skills (measured silently, homework quarterly) assistance or career exploration (late adolescents 4. Children will be Children will 80% of Children - Improved study Number of exposed to role maintain/improve attending the habits disciplinary modeling behavior their school program will - Increased school !interim reports by responsible behavior and maintain or improve attendance (measured adults in the attitudes towards their school - Increased homework quarterly) provision of after school. behavior. completion school tutorial and - Decreased recreational behavioral referrals activities - Obtained pre- employment skills - 14 - Maximi7inq, (?1vt-,0t.5Frhss1 Time-(MOST) 2nO3 M ,rryy ^ D1,F 1��1 �r� y am.{: f"QV ���UG4 ")L4. ... .. , 5. Children will Children will 80% of Children - Improved study Outcome to be receive a minimum maintain or attending the - habits measured of one hour daily of improve their program will Increased homework quarterly, using remedial or reading and word maintain or improve completion the San Diego enhanced academic recognition skills their word - Improved grades Quick assistance e.g. recognition skills. - 'Obtained pre- Assessment tool tutoring, reading employment skills (word silently, homework recognition assistance or career measurement exploration (late , tool) adolescents 6. Children will Children will 80% of attending One(1) hour of physical Pre and post participate in improve their children will fitness activities two (2) assessment on regularly scheduled physical increase their times a week using the tool provided recreation, sports functioning. physical functioning Indoor and outdoor sport by the Council and physical by improving their activities designed to: conditioning strength, endurance - Increase endurance . Shuttle run activities (2 times a and/or flexibility. - Increase speed week)to improve strength/power . Walk/run their strength, - Increase flexibility speed endurance, flexibility 0 Distance and team building. softball is thrown *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. (2) The Mandatory Outcome Measures for Special Needs population are as follows: Service/ ; Outcomes Indicators Demonstrated;by* Type of Activities*: Evaluation =' 1.All services will Children will be 100%of children - No emergency Review of be provided in a provided a safe, will not room visits Incident Report safe environment positive experience - No valid abuse forms supervised by environment. serious injury reports trained and caring requiring - No arrests staff. emergency medical care, abuse, or an arrest while in the program - 15 - folaximi 2. Interesting age- Community and 85%of children One(1) hour of social Pre/Post tests appropriate social peer protective who regularly skills activities two (2) (measured interaction, factors will be attend will times a week using the quarterly) recreational increased and demonstrate Skillstreaming activity, modeling risk factors will improved social Curriculum Tool will be and role playing be decreased. skills and provided by the activities at least interactions with - Modeling Council (will two (2) days a peers and adults. - Role-playing follow the week while in care. - Performance Skillstreaming feedback Curriculum) 3. Children will Children will 80%of Children - Improved cognitive An age receive a minimum maintain/improve attending the functioning appropriate of one hour daily and demonstrate program will - Improved age tool to measure of activities to age appropriate maintain or appropriate developmental improve cognitive development. improve developmental milestones.** and appropriate milestones Tool to be developmental developmental - Improved attention approved by functioning. milestones. - Improved memory the Council. skills Improved association /reasoning skills 4. Children will Children will 80%of attending One(1) hour of Pre and post participate in improve their children will physical fitness assessment regularly physical increase their activities two (2)times tool developed scheduled functioning. physical a week using Indoor by provider and recreation and functioning by and outdoor sport to be approved physical improving their activities designed to: by the Council conditioning gross and fine - Improve gross ** activities (2 times motor skills. motor skills a week) to improve - Improve fine motor their gross and skills fine motor skills and team building. *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. F. After School Child Care Quality Standards The following criteria from the School Board of Broward County, and will be used during the site visits to assure quality programming. Programs are encouraged to use these criteria when responding to this RFP. Human Relationships 1. Staff relates to all children in positive ways. 2. Staff encourages children to make choices and to become more responsible. lMaxirni7ing ���t-c'f..S,:!,.s�r.;i T`A.-n 0Q3T) 2003 r IJE-. i f.��r 1 r ? iS,•`,. 3. Staff interacts with children to help them learn. 4. Staff uses positive techniques to guide the behavior of children. 5. Children generally interact with one another in positive ways. 6. Staff and families interact with each other in positive ways. 7. Staff works well together to meet the needs of children. Indoor Environment 8. The program's indoor space meets the needs of children and staff_ 9. The indoor space allows children to take initiative and explore their interests. Outdoor Environment 10. The outdoor play area meets the needs of children, and the equipment allows them to be independent and creative. Activities 11. The daily schedule is flexible, and it offers enough security, independence, and stimulation to meet the needs of all children. . 12. Children will experience a wide variety of age appropriate activities. 13. Children have a chance to join enrichment activities that practice and reinforce basic academic skills that include technology, foreign language (unless foreign language is taught during the school day), reading critical content and a variety of other activities. 14. Activities promote the development of all children in the program. • 15. There are sufficient materials to support program activities. Safety, Health, and Nutrition 16. The safety and security of children are protected. 17. The program provides an environment that protects and enhances the health of children. 18. The program staff tries to protect and enhance the health of children. 19. Children and youth are carefully supervised to maintain safety. 20. If the program serves food and drinks, they must meet the needs of children. 21. Staff/Child ratios and group size permit the staff to meet the needs of children. 22. Documentation of records is timely, accurate and comprehensive. 23. Program policies and procedures are in place to protect the safety of the children and youth. 24. Program policies exist to protect and enhance the health of all children and youth. 25. All staff is professionally qualified to work with children and youth. 26. Staff(paid, volunteer, and substitute) are given a job orientation before working with children and youth. 27. The training needs of the staff are assessed and training is relevant to the responsibilities of each job. Annually, staff will receive.no less than three hours of program improvement training and Site Directors will receive at least 12 hours of in-services or as mandated by Broward County Child Care Licensing. 28. Staff receives appropriate support to make their work experience positive. 29. The administration provides sound management of the program and effective • supervision of staff job performance. 30. Program policies and procedures are responsive to the needs of children, youth, and families in the community; - 17 - �a .i!?ii7.Sd,g Cul',Df�Jchoofl Tirrx- ,171 3T� 70-. $ I=,d;7-i'��13. ..;��fit, f"'C'L.' 'i1;"'9��A;,-5 Lic.,l krE 'f2'.G'0`? JJi+3 i3S'f SECTION III: GENERAL INFORMATION and PROPOSAL CRITERIA . ♦ The application must be received by the deadline date, time and location. W'iii ai ifatal Flaw: Late or misdelivered proposals will be marked"Rejected"and retained, unopened, by Council staff until completion of the bid process when awards have been posted. e A `fatal flaw' will be triggered if an agency fails to demonstrate on-going fiscal viability. Fiscal solvency is based on submitted audits and queries of other public financial information, and determined by Council fiscal staff applying the following tests: o Current Ratio: If the current assets fall between 90% and 100% of the current obligations, a fatal flaw may be triggered or additional financial documentation is required. This test looks at the current assets an agency has which can easily be changed into cash to pay current expenses. The higher the ratio, the easier it is to pay expenses. Current assts are defined as cash, cash equivalents, accounts receivable, prepaid expenses, inventories and other items of value. o Net Assets as a Percentage of Annual Expenses:A minimum contingencyfund of 10%would be required; less than 10% would result in a fatal flaw. This test shows the percent of net assets as a percentage of the total annual expenses. This comparison of net assets to total expenses should indicate a reserve, and could be viewed as an emergency fund. o Debt Ratio: If the fatal flaw would result if the ratio is greater than 100%, meaning that the agency is operating with debt rather than cash. This test indicates the percentage of assets financed by liabilities (Example: purchasing equipment on credit cards without having the funds to pay the credit card bill). The lower the percentage,the greater the agency's financial stability. Current liabilities include accounts payable, • accrued expenses and liabilities,notes payable or short-term borrowings and the current portion of long-term debt. Failure to meet.fhe.above.r'e uiremen.ts is:a'Fatal Flaw A. Who May Apply Applicants may be governmental entities, non-profit or for-profit organizations incorporated or qualified to do business in the State of Florida. Proof of governmental entity status, non-profit status, for-profit status, or foreign qualifications may be required upon request by Council staff. Agencies currently funded by the Council to provide out-of-school services are not eligible to apply. All contracted staff working in a program funded by the Council MUST comply with background screening and fingerprinting requirements. Contact the Broward County Child:Care Licensing and Enforcement Section(CCLE) at;(954)537-2800, www.browardmg/childr en for details. regarding rules, procedures and costs. Contracted providers.must maintain staff personnel filesthat contain results of background screening results indicating no findings:'See Flodda:Statutes Chapter435 for additional Background Screening information. All providers are required to follow the training requirements as specified by state and local. governmental authorities. The Council retains the authority of requiring additional training as recommended by the committee work of the.Out of School Time Summit(SNAPs {Special Needs Appropriate Practices} Module, First Aid/CPR, etc.) In .addition, other related training may be • required and funded by the Council. - 18 - M�.xir,i�`.rry B. Terms of Agreement l� • The initial contract and terms of service will be from August 25,2003 to June 11,2004. This period allows for start-up training activities and final administration close-out activities. In addition to Out- of-School Time that occurs during regular school days, services must be provided on all non-school days, including teacher planning days, fall and winter vacations, and other holidays in accordance with the School Board of Broward County's calendar. Contract amounts and terms will be negotiated and approved prior to contract execution. See the Common Grant Application for additional budget preparation instructions. Some contract awards may be eligible for one or two renewal periods,contingent upon availability of funding, outcome achievement,and successful negotiation of programmatic and budgetary issues as follows: One ( 1 s) Optional Renewal: August 23, 2004—June 17, 2005* *These dates ar"e in accordance with the School Board of Broward County's tentative school,,; calendar> These dates are subject o change The PROVIDER shall submit the final invoice for payment to the COUNCIL no more than thirty(30)days after the contract period ends or the contract is#erminated „; The option.to renew shall be at the sole and complete discretion of the Council and subsequent renewal periods may be subject to renegotiated outcome measures and contractual terms. • Unsatisfactory performance as determined by Council staff will result in corrective action or termination of the contract, if non compliance persists. C. Joint Proposals In the event multiple Applicants submit a joint proposal(s)in response to the Request for Proposal,a single Applicant shall be identified as the Prime Vendor/Lead Agency. If offering a joint proposal, the Prime Vendor/Lead Agency must include the name and address of all parties of the joint proposal. The Prime Vendor/Lead Agency shall provide all bonding and insurance requirements, execute any contract(s), complete the required documentation and have overall and complete accountability to resolve any dispute arising within the contract. Only a single contract with one Applicant shall be acceptable. Prime Vendor/Lead Agency responsibilities shall include but not be limited to the following: overall contract administration, oversight of preparation of reports and presentations, filing of any protest actions, etc. The Prime Vendor/Lead Agency shall also prepare and present a consolidated invoice(s)for services performed. The Prime Vendor/Lead Agency shall remain responsible for performing services associated with response to this Request for Proposal. In the event that similar orcomplimentary service approaches are proposed by different Applicants, the;Council ,reserves ;the right to' negotiate collaborative_-partnerships as determined to be in'the best`interests of the.children`to.6e served • - 19 - rl3itaiC r.i i' c'j >a3-s.id yte'.:�l:7ime (1wC7w S) 116S my F'f1c 12` UOWWUUP� �j�i D. Proposal Submission Interested parties are strongly encouraged to access the "RFP from the website: http://vvww.cscbroward orq To:' access the RFP from the website, http://www:cscbroward orp applicants are required to ;register their agency and contact information (agency name; address,;phone, fax, email, etch as instructed on the website.'. ONLY REGISTERED PARTIES WILL RECEIVE UPDATES;AND ADDENDUMS TO THE.RFP: Applicants must submit an original copy of each proposal a d twelve (12) copies in a sealed envelope or container. Grant applications must be single-spaced, single-sided, 8.5" inch x 11" inch, size 12 font, with 1-inch maryins, and boun with a lightweight binding. Applicants must submit the entire pr2posal on 3.5" diskette leariv labeled with the agency name and Proposal title. All proposals must be in either is osoft Word or WordPerfect format. Proposals must be received by the Children Services Council of Broward,351 North State Road 7,Suite#200, Plantation, Florida 33317 on or before 12:00_Noon DST on June 10, 2003. Proposals may be sent by US Mail, Courier or hand-delivered. Proposals may not be faxed or sent electronically. Proposals submitted after-_the. 12 00 °Noon .(DST)"deadtine on June 10, '2003 well not"tie: considered: The original Proposal(s) must contain the original signature of the designated agent officially authorized to act as the contractual agent for the organization affixed to each document where a signature is required. Each original and copy of the application should be bound,with the name of the agency, the program name, the client category to be served and the designation "original" or • "copy' clearly marked on each outside cover. The original and all copies of the Application should then be securely sealed and clearly marked outside:"Application for Funding forAfter-School Care Programs for Middle School Youth", individual program name if applicable and submitted by"Name of your Agency." E. Pre-Bid Proposal Conference Attendance at the Pre-Bid Proposal Conference is not mandatory but interested applicants are strongly encouraged to participate. The conference provides an opportunity for organizations to seek clarifications about any programmatic or technical requirements referenced in the solicitation. It is the only opportunity to receive verbal instructions or verbal information regarding the services to be procured, the client populations to be targeted, contractual expectations and other critical service delivery requirements. The conference will be conducted , May 29,2003 at 9:00 a.m., DST, at Florida Atlantic University, 1515 W. Commercial Boulevard, South Wing, 1st Floor, Classroom #3 Ft. Lauderdale, FL 33309 Note on the Application Time Table included in Section III.J of this Request for Proposal for other important due dates. F. Type of Contract & TANF Requirement Operational costs under the contract will be reimbursed through Units of Service provided, as agreed upon prior to contract execution. See the following Section III.D., for definition of Units of Service. Costs associated with salaries,of new hires throughout the contract "penod(s) for the • purposes of staff orientationantltraining should be factored into the unit cost for one day of Out-of-School Time program services. - 20 - ax'it7—ir1C �1e�t.- f.�:l±ic!i�>� T,'�i;:if�0!,!,`S, ^t? :d RFP rt��i t3. DI�E:, +f/46!Vi ELI v_�3rY'' ® Actual Expenditure Report The PROVIDER shall submit to the COUNCIL an ActuaF Expenditure Report which reports by ime' stem"tactual expenditures- incurred m the performance of this contract The report shall be submitted m a format to be prodded by the; Council` Such expenditure information will be used to compile historical unit cost data The ; Actual Exp`enditure,Reportshall be submits, by the PROVIDER to the COIJNCIL'.withm s�zty' 60 da s:followinghe'enddate ofthe contr4a ct Start u 6.ex6d 6 i6i for Capital and Non-Capital equipment and`supples ma be re nested m y q the line items provided on he Budget Summary Form included as Attachment I to the.RFP All requests for Start up equipment must be clearly justified using the Budget Narrative' Form, also proyidedm Attachment I to`the RFP Start up items are.one fimerpurchases of equipment andsuppzl "lies necessary to begin and operate the programs)as=proposed Start- p .. up items, include com utertechno,logy,including accessibihtyegwpment and software for special needs populations,acatlemic tutorial software and related items clearly required' for operation of the,funded program Books; reading curricula and'matenals, recreational equipment that promotes physical/recreational activities, age=appropriatefibuildmg blocks and games, etc: are also allowable start up purchases 'All technology requests are subject` to review, negotiation and;approal of; he Council; Temporary Assistance to Needy Families(TANF)is an important revenue maximization initiative of the Council. All programs funded under this RFP shall comply with all TANF documentation requirements and data/documentation collection and submission. The following forms shall be completed in their entirety, including required signatures for all children served in Summer Challenge 2003 programs. a. Eligibility Form for TANF-Funded Services, DCF-TANF-EZ1 UP5 b. TANF-Funded Services for Non-Citizen Eligibility, TANFEZA2UP3 C. Worksheet on Family Income Eligibility for TAN F-Funded Services,TANFEZwksht2 Failure 'by any provider to comply,with TANF .reporting requirements may result in ` disqualification: from future funding opportunities of the Council antl, financial reimbursement may bm , mnaion 'non= compliance. G. Method of Payment Council payment will be on a monthly basis,derived from Provider invoices reflecting services/goods delivered in accordance with the units of service approved in the signed agreement with the Provider. 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. Contracts for funded projects will require the Provider to pursue third party, Medicaid, and client payments where applicable, and to establish a sliding scale fee for services. As stated in Section III. C., if the contract is with a Prime Vendor/Lead Agency which subcontracts delivery of services to other Providers, the Prime Vendor/Lead Agency shall be responsible for ® compiling the data necessary to submit a consolidated monthly invoice and all required data information reports. - 21 - r�?"s: i, 4 QS T) 2003 p> �1w! cif. The Council will not recommend funding to supplant any other sources of funding including Medicaid, private insurance, and/or client fees. The Council's contract with selected Providers will identify the maximum number of units which can be billed to the Council by the Provider under the contract. The proposed cost per unit to be provided must be based on a line item budget that supports the proposed costs and has been developed in accordance with generally accepted accounting practices. Cost and Budget calculations must be shown on the forms provided in the Common Grant Application. H. Inquiries about the Application Verbal inquiries regarding the Application process will only be permitted during the Pre-Bid Conference. The RFP, the Application and the Application process will be discussed at the Pre-Bid Conference and all questions entertained and answered at that time. After the close of the Conference, no verbal inquiries will be accepted. A summary of all issues discussed at the Conference will be provided to all parties who have submitted a Notice of Intent or provided contact information at their attendance at the Pre-Bid Proposal Conference. Written questions about the application after the close of the Conference must be submitted and received by 12:00 p.m., Noon, DST on May 30, 2003. All inquiries must be directed to: Karen Swartzbaugh, M.A., Director of Program Services Children Services Council of Broward County 351 North State Road 7, Suite #200 . Plantation, Florida 33317 E-mail address: kswartzbaugh@cscbroward.org A response to all written questions will be sent to all who, submit questions by May 30, 2003 and posted on the Council website at http://www.cscbroward.org. I. Collaboration: The Council is mandated to assist with coordination of the provision and delivery of •phildren's services in Broward County. Therefore, in orderto maximize funding dollars, interested applicants are strongly encouraged to form clearly-defined, meaningful inter-agency agreements with other Providers that are cost effective and provide a direct impact on the clients served.Agencies applying in collaboration must submit specific and complete Interagency/Partnership Agreements prior to contract award. Please reference Section'T: Organizational Profile for further direction. For programs proposed to:be located on sites:other,tl an the proyider's;.a�c reements.for:-use of space are regui"red prior to contract execution School based programs are required to submit an agreement.': with the ;School ' principal" , Failure to submit' .this duly .executed Interagency/Partnership Agreemenf(s) v►iithin the time frames negotiated with the,Council:may cause the Intended Contract Award.to .6 rescinded. - 22 - Maximizing 0!:d-Of-Schad T9tr!: EMc,!m ^^,n RFP,°#0.3-PS,.QQ " ^: 811�J/A3 f3F..�'"a��;ii.! J. Application Timetable/Important Dates • DATE, TIME &,LO EVENT CATION Dates Advertised/Available May 16, 2003—June 10, 2003 9:00 a.m., DST, May 29, 2003 Florida Atlantic University Pre-Bid Proposal Conference -1515 W. Commercial Boulevard, South Wing 1st Floor, Classroom #3 Ft. Lauderdale, FL 33309 Deadline for Receipt of Written Questions 12:00 p.m., Noon, DST, May 30, 2003 Responses to Written Questions/Pre-Bid May 30, 2003. Conference Summary 12:00 p.m., Noon, DST, June 10,2003 Deadline for Receipt of Proposals (no exceptions) Children's Services Council • 351 N. State Road 7, Suite 200, Plantation, FL 33317 Notice of Fatal Flaw(s)/ Cure Notices 5:00 p.m., June 11, 2003 Cure Period Ends 5:00 p.m., June 12, 2003 Applicant Interviews June 23, 2003 &June 24,2003 Council Determines Programs and Funding 8:30 a.m., DST, July 3, 2003 Contract Negotiations: July 7, 2003—August 8, 2003 Provider Training: August 11, 2003—August 22, 2003 Providers have Programs Operational: August 25, 2003 All dates set forth above are subject to change by the Council with notice provided. • - 23 - u s m�;',MOST 2003 RS=9a ill a as r qr � ✓,•� K. Application Criteria 1. Applicants must submit a proposal that demonstrates how their programs will be operated and the populations to be served,services to be provided and time frames for provision of all services. 2. Applicants must submit separate applications if serving more than one population, e.g. General Population or Special Needs. However, only one set of collateral documents is required for multiple submissions. 3. Applicants must submit a complete Application Package with all required forms,as specified in Applications Instructions. Required Attachments/documentation include the following: • Completed Common Grant Application including a Signed Certification of Accuracy and Compliance (Page 1 of the Common Grant Application). • Completed and Attached IRS Form W-9 (Attachment III) • If audited, copy of the most recent financial audit completed by a certified public accountant, including management letters. _ • If not previously audited, copy of un-audited current financial statement. ■ Name and addresses of all parties participating in a Joint Proposal, in accordance with Section III.D, as applicable. Copy of Completed Organizational Profile, as specified in Section III.W. 4. All Proposal material must be placed in the order outlined in the Table of Contents of the Application. 5. The Application(s) must comply with the following: • Received by deadline date, time and location. ,his' is a Fataf Flaw: Late or misdelivered proposals will be returned unopened following completion of the bid process. • A `fatal flaw'will be triggered if an agency fails to demonstrate on-going fiscal viability. Fiscal solvency is based on submitted audits and queries of other public financial information, and determined by Council fiscal staff applying the following tests: o Current Ratio: If the current assets fall between 90% and 100% of the current obligations, a fatal flaw may be triggered or additional financial documentation is required. This test looks at the current assets an agency has which can easily be changed into cash to pay current expenses. The higher the ratio,the easier it is to pay expenses. Current assts are defined as cash, cash equivalents, accounts receivable, prepaid expenses, inventories and other items of value. o Net Assets as a Percentage of Annual Expenses:A minimum contingency fund of 10% would be required; less than 10% would result in a fatal flaw. This test shows the percent of net assets as a percentage of the total annual expenses. This comparison of net assets to total expenses should indicate a reserve, and could be viewed as an emergency fund. o Debt Ratio: If the fatal flaw would result if the ratio is greater than 100%, meaning that the agency is operating with debt rather than cash. This test indicates the percentage of assets financed by liabilities (Example: purchasing equipment on credit cards without having the funds to pay the credit card bill). The lower the • percentage, the greater the agency's financial stability. Current liabilities include - 24 - M-_ ,'r;1;..-:ng,0ut-0f-ct;h,:,c[7,m? (''!';.s ` U UC- 6NZh`; L BEF0RE'1 00 h 00,j 0rL,7., accounts payable, accrued expenses and liabilities, notes payable or short-term borrowings and the current portion of long-term debt. Failure to.meet.the:atove:re urements:is a:Fatat.Flaw • Responses to the Application Questions must not exceed specified page limits. Council reserves the right to discard responses that exceed the page limits specified. L. Delivery The Council and Council staff shall not be held responsible for applicant's failure to meet date, time and location deadlines due to late delivery or omissions by the U.S. Postal services or other courier or delivery services. The Council has established the option to cure failure to provide all required attachments (non-fatal flaw) by providing such omitted documents within 24 hours. The notification process is via email and phone call/voice mail by staff with minimal turnaround. Failure to cure within the allotted time will result in the application fatal flaw. M. Selection Criteria All applications will be rated and scored according to a uniform set of criteria detailed in the Rating Criteria. The Evaluation Team, including Council members and issue experts, will score each application that passes the Fatal Flaw technical review and determine rank-order for all qualified applications. Critical Note: The highest ranking numerical score does not assure a funding recommendation. Other factors which may be considered include but are not limited to: past performance of individual agencies;duplication of services; proposed unduplicated number of clients;costs for services;array of services; location of services; relevant experience and qualifications; or financial viability and stability of the agency. Minor inconsistencies or revisions may be addressed during the negotiation process,at the sole and complete discretion of the Council. \ The Council retains the right to accept, modify, reject entirely, or partially reject portions of an application. The Council reserves the right, at its sole and complete discretion, to conduct face-to-face interviews with all, or selected, applicants as a step in the selection process. The Council also reserves the right, at its discretion, to conduct pre-selection N. Ownership of Application Pursuant to Chapter 119, Florida Statutes,all materials and supporting documentation submitted in response to the Funding Application become public record and are the property of the Council. The Council assumes and accepts no liability whatsoever for disclosure or utilization of material unidentified as trade secrets or confidential information. • - 25 - Maxiw+iZin:^ neat-of S^h,w�! Tq i�RneT� n; RFF i:�Er';,.fir i• 13 'DUF.:' O. Trade Secret and Confidential Materials If the application includes material which is deemed a trade secret(as defined by Section 812.081, FS) or other confidential material exempt from the provisions of Chapter 119, FS, which the applicant does not wish to become public record,the following statement should be included in the application: "Trade Secrets as defined by Section 812.081, Florida Statutes, or other confidential materials shall not be used or disclosed, except for evaluation purposes. However, if a contract is awarded to this offer or as a result in connection with the submission of this program, the Council shall have the right to use or disclose the information designated as trade secrets or confidential to the extent provided in the contract. This restriction does not limit the Council's right to use or disclose the information designated as trade secrets or confidential which is obtained from another source." Any exemption claimed will be limited to the pertinent data/documents and must be supported by a statutory exemption. Notwithstanding anything to the contrary, nothing contained in the application shall be deemed or interpreted to restrict or prevent the Council from complying with the disclosure requirements of Chapter 119, Florida Statutes, when material is incorrectly identified as a trade secret or confidential information. By submitting an application,the applicant covenants not to sue the Council and waives any claim against the Council arising under Chapter 119, Florida Statutes,or in connection with or as a result of any disclosures by the Council'in connection herewith,. P. Pre-Contract Agreement Expenses Any and all expenses involved in the preparation and submission of proposals or any work performed in connection with development and submission of proposals shall be borne by the applicant(s). No payment will be made for any effort required of or assumed by the applicant(s)prior to commencement of work as defined by a fully executed contract. Q. Appeal Process 1. An Applicant may appeal Council funding recommendations by utilizing the following guidelines. Appeals are limited to procedural grounds. a. Any Applicant who is adversely affected by a procedural determination may file a Notice of Appeal, in writing, within seventy-two (72) hours following the receipt of a Notice of Fatal Flaws. The Notice of Appeal shall be in writing, shall state the facts upon which such appeals shall be based and the issue(s)to be decided. All notices shall be directed to the President/CEO at CSC, 351 N. State Road 7, Suite 200, Plantation, FL 33317. b. The President/CEO shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7)working days of receipt of the formal written Notice of Appeal. C. If the appeal is not informally resolved,the aggrieved party may file a written request for a formal Appeal Hearing before a Hearing Officer. A Hearing Officer shall be appointed by the Council Chair. Council's legal representation may be present to advise the Hearing Officer regarding hearing procedures and legal issues. d. Within five (5)working days from the date of the Appeal Hearing,the Hearing Officer shall send to the Applicant a final determination consisting of its findings of fact and conclusions as to whether the procedural requirements were complied with by the Council. Any determination of the Hearing Officer shall be final. - 26 - Max.imizinq Out-.Ot-Schoo!Tir,ZQ (ATOFT`, ?^C' REFORM S?CyN, Vg 1 e. If, in the sole determination of the Council that a dispute may result in a delay or ® interruption of services to clients, it reserves the right to contract with a contractor of choice on an interim basis to ensure the delivery of service until the appeal is resolved. The disputed dollar amount will be earmarked until the appeal is resolved. All other funds shall be available for distribution. 2. Bond a. Any Applicant who files a Notice of Appeal shall post with CSC, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida, payable to CSC in an amount equal to one percent (1%) of the CSC's estimate of the dollar value of the proposed contract, or five thousand dollars ($5,000),whichever is less,which bond shall be conditioned upon the payment of all costs which may be adjudged against the bidder or applicant in the Hearing Officer in which the action is brought. b. If,after completion of the hearing process and the CSC prevails, it shall be entitled to recover all costs and charges associated with attorneys fees. Upon payment of such costs and charges by the person protesting the decision or intended decision or contract award, the bond shall be returned to the firm. - R. Required Match /Allowable Administrative Cost The Council seeks to fund projects that it can expect to operate in a fiscally sound manner. Therefore, there is a funding requirement of a 12.5% match for all funding provided through the Council. It is required that, at a minimum, 12.5% of the total grant dollars requested from the Council be provided by any lead agency,and/or other partners involved in a Council-funded project. Match can be provided as cash or an in-kind contribution. Match must be directly related to the operation of the program(s). Acceptable cash match may include client fees, matching funds from another unallocated source,or third party payments,excluding Medicaid,which directly support the program(s). Cash contributions used to purchase services that would otherwise be appropriate and authorized for Flex Fund expenditures are also acceptable as Cash Match. Acceptable in-kind contributions may include:volunteers,administrative overhead,equipment or space dedicated to the project. Applicants may request up to 10% of the total direct service cost in order to administer the project, subject to sufficient justification and negotiation and approval by the Council. Administrative costs are costs which support the operation of the entire agency as a whole, for example, a receptionist answering all incoming calls,the cost of doing payroll for the entire agency staff, and management staff salaries. A line item budget supporting any requested administrative costs must be provided, with justification. However, no portion of the administrative cost received from the Council maybe used to satisfy the match requirement For example, the cost of payroll expenses cannot be claimed as administrative costs and also provided as the matching contribution. Match Policy Waiver: Council reserves the right to waive any portion or all of the Match requirement for any program which uses Council funds to leverage additional funds from other organizations which are equal to, or greater than,the amount requested through the Council, or in the event of special circumstances as determined by the Council. - 27 - Max;rr,izing RFP #03-p .,t1t):' G"E. CI�Q'�3 BE FOR .t'fl!`s: ' ",?'! X J�., S. Program Monitoring/Evaluation ® Monitoring of the program contracted through this competitive solicitation will be conducted by Council staff or outsourced Council consultants. However, as a supporter of local social service joint monitoring initiatives, Council monitoring maybe conducted in,collaboration with otherfunding bodies such as the State of Florida, Broward County government, the United Way and others,with the intent to reduce duplication and promote cooperation. For large contract awards, at Council discretion, a formal, external evaluation of the program(s) may be required. At the time of contract negotiation, Council staff will confirm acceptable performance outcome measures. The Provider shall submit quarterly reports by the 10th day following the month to be reported and annual reports, as required, within thirty(30) calendar days after the close of the Fiscal Year on September 30th. The Provider shall make all records and services pertaining to eligible clients subject at all times to inspection, review and/or audit by the Council. Required internal documentation may include, but may not be limited to, the following: ■ Personnel records of staff involved with program ■ Daily activity log schedules and a monthly calendars ■ Training modules ■ Client satisfaction surveys • Pre and post evaluations (if applicable) ■ Follow-up/statistical data logs ■ Client files as required ■ Client information data files Monitoring and other reports promulgated by the Council and/or other social service funding agencies and achievement of contract and performance requirements, timeliness of requested information and fiscal stability shall be considered factors in evaluating future funding requests. T. Organizational Profile The Organizational Pro file ofile for Providers is a component of the Counal s community needs / assessment process to support coordinated health, education and human services planning in the County. It is used for the purpose of collecting data for a county wide resource inventory. AQII funding recommendations are contingent upon a completed Organizational Profile on file with"First Call for Help,'Inc." Therefore, applicants whose agency currently provides health, education, or human services within Broward County must have a completed Organizational Profile on file with First Call for Help. Pages one and two of this Profile must be included as an attachment with all submitted Applications. Directions for obtaining the appropriate form can be accessed by calling the information manager at First Call for Help at (954) 524-8371. As the Profile is an extensive document, only pages 1-2 must be submitted with the Proposal for Funding. U. Other Requirements A. Statistical Demographic Records: The Provider agrees to maintain (if applicable in the format required by the Council) information on overall Client demographics which includes age, gender, race, ethnic origin, parental marital status, education levels and status. Provider agrees to track • overall Client household income,other benefits received,types of services provided and satisfaction survey results. - 28 - McX�r. Time (MOST) 2013 r r B. Tracking System: The Provider agrees to maintain a formal (SAMIS) Tracking System (if applicable) of all Clients referred to and from program, identifying services referred for, services . received, unavailability of services; and action taken by agency Client to which the client was referred. C. Client Satisfaction Surveys: The Provider agrees to administer a Council approved Client Satisfaction Survey to all clients served or a percentage of all clients, in accordance with sample criteria as negotiated with the Council prior to contract execution. Surveys must be completed during the period of October 1,2003—April 30,2004 and compiled results submitted to the Council by May 30, 2004. The frequency and process by which such client surveys will be distributed will also to subject to negotiation and approval by Council. Provider agrees to report compiled results of the Client Satisfaction Survey from. Compiled results shall be reported on the Provider's survey form with the total range and number of responses received corresponding to each question asked. The Provider shall submit an analysis of Client Satisfaction Survey results and an action plan to improve areas of service delivery, if warranted by the survey results. The analysis shall include total number of surveys administered/mailed and total number of surveys completed/returned. The Provider agrees to maintain a Client Satisfaction Survey file containing all Surveys completed/returned from the Clients of services. The Council reserves the right to conduct consumer surveys. D. Quarterly Program Report:The Provider shall submit a Narrative Report in the format prescribed by the Council beginning with the first report for the months of August and September 2003, due to the Council by October 10, 2003. This initial report is expected to be a status report on preoperational activities to ensure service availability effective August 25, 2003. Subsequent • Quarterly Reports shall be due to the Council by the 10`r'day of the following quarter.The Quarterly Report shall include the number of Clients in the program at the beginning of the quarter, the number of new Clients, the number of Clients terminated from the program, and the number of Clients in the program at the end of the quarter. The Provider 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 and the number of Clients who have achieved the outcome. The Provider shall also report any barriers experienced in outcome achievement. A final reportfor After- School Programs shall be due to the Council with submission of the final invoice and should include narrative description and photographs of noteworthy activities that have occurred during toe term of this Agreement. Providers are to ensure that appropriate release forms were obtained from all participants. E. Internal Documentation: • Hours/Units of services provided; ■ Dates of service attached to Client name and ID number,signed by responsible staff, • Client files as required, including intake sheet and assessment; beginning with the first report for the months of August and September 2003, due to the Council by October 10, 2003, and other service documentation; • Client billing and payment records to include third party reimbursement, when applicable; ■ Personnel files including hiring records, job descriptions, policies, and evaluation procedures; ® Information for referrals/tracking to and from agency per Client; and, Client/parent information release form. • - 29 - MIxirn! ing Out Of-School T;rrr,I'a''^'1 ��� V. Application Rating Form This rating instrument is posted on the Council's website and given to any other individual or organization upon request. The rating instrument is intended to be a tool to assist respondents in writing a high-quality proposal. Then instrument will contain specific elements that the raters will utilize when scoring proposals, Respondents are strongly encouraged to evaluate their own proposals based on the rating tool, prior to submission. - 30 - :`9:X%N' DST { q x'- tp QSyu✓}' ✓-e sW�i C s� �' �� c�,. .ril�- n tip• �;9''"h ��t�,1��be3' .n�a'` '�; �:3"a's: ' ` ,� `. �....$�+ ` `F},4 � §�� zsb 4.}',' f!.s'*►y;��, `Q(�t `t (}°2'!t',,,�}.>c?1tv3 �* '�`� toV _ 1 ti Y.m` .�si .aoi-` , 4�. NN-t 'k°.: ��` if ` d'.•1 sF� � ° t F . tog x E � i> 'n ' K t 3 ,.�," _ l v.— VAN n ON g a ISOO� Im k h. 0 Afie� SchoolPro ra s, Incur 5700 H, orizons Lame Margate, Florida 33063 • (954) 970-6700 (888,,,) 970- 720-28$2 Fax (954) 970- 7073 www. aftersehoolprogra�so cow • The A.S.P. has been a positive extension of our learning community. We are very pleased with the program. " Linda Pazos-Principal Palm Cove Elementary School Principal 7 Years Principal Chairperson "A.S.P is an awesome program filled with structured fun and learning for children of all ages" Kathleen Goldstein-Principal Challenger Elementary Principal 17 Years "I will never consider running my own after school care program again. The ® quality program and the support that ASP has provided for Riverglades has been phenomenal" Warren Smith-Principal Riverglades Elementary .Principal 22 Years "The After School Program at Chapel Trail is a highly rated and proven program. It provides an added opportunity for your child to interact positively with their peers while experiencing a variety of enriching academic activities" Warren Gassman-Principal Chapel Trail Elementary Principal 17 Years "A.S.P. not only focuses on academic excellence, but also on student safety. The program provides additional services for students with special needs. ASP constantly strives to assist our schools by supporting the school mission" • Irene Cejka-Principal Silver Lakes Elementary Principal 10 Years • "I am extremely pleased with the academic component included as part of programs offered through A.S.P. Students who utilize the computer assisted tutorials while in the program have demonstrated improved test scores." John Hodge-Principal Deerfield Beach Elementary Principal 6 Years "A.S.P. - works together with the school to provide a safe environment and to promote student achievement" Diane Wansor-Principal McNab Elementary Principal 13 Years "ASP Always Superior Performance" Frances Merenstein-Principal Hollywood Central Elementary Principal 12 Years "I never would have succeeded in opening Silver Palms Elementary without the assistance of A.S.P. They provided a quality 'after care program for over 400 students. It is an honor to serve as a board member of such a dedicated and caring organization that always puts children first" G. Jayne Hall- Retired Principal Pembroke Pines Charter Schools Principal 18 Years A.S.P. is an integral part of our community and has provided exceptional, quality programs since our school's inception. The staff of A.S.P. are professional in every aspect of daily operations; students are often heard telling their parents to allow them to stay for a full day because of the fun activities." iEliott Tillinger-Principal Everglades Elementary Principal 5 Years Our Board of Directors x Mr. Warren Smith - Principal Riverglades Elementary School. Broward County educator for 35 ears with 22 ears experience as a principal. Has served on man . Y Y P P P Y district committees focusing on policy, budgeting, safety and curriculum review. Ms. G. Jayne Hall - Lead Principal Pembroke Pines Charter School. Has over 31 years of experience in education field - 25 in Broward County - 18 as a Principal. Served on many district committees including budget, exceptional student education and English for Speakers of Other Languages. Ms. Ann Cutler - former New York City school teacher with over 25 years of experience in the field of early child education and as a preschool director in the state of Florida. Ms. Susan Motley - Attorney with the law firm of Ruden, McClosky, Smith, Schuster & Russell, P.A. & former Broward County School teacher. Mr. Sid Konperl - Senior Vice President, Union Bank, Board of Directors Jewish A Community Center, President Coral Springs Chamber of Commerce. to r Mr. Alan Cohn - Certified Public Accountant and Attorney. Member of several professional organizations including New York Institute of Accountants, American Institute of C.P.A.'s and the Auditing Commission. 1 Corporate Counsel Mr. Donald Medalie-Esq., represents The Boys & Girls Club and other not-for- profit corporations. Auditing Commission. y � s k r t t f � h V �Lt I 9 Our Winning Team Mr. Alan Wolnek, founder and Chief Executive Officer of After School Programs, is a pioneer in the field of after school care in the state of Florida. Mr. Wolnek's vision was to provide safe, quality affordable after school care to all children and their parents. For the past 31 years, Mr. Wolnek has been involved in the field of child care and is also the owner of three preschools in Northwest Broward. Mr. Wolnek is the recipient of the Florida School Age Child Care Coalition's "Award of Excellence" for Multi-Site Management for the year 2001. He was`the President of the Broward County Kindergarten Association for fifteen years, a member of the Advisory Committee to the Broward County School Board on Before & After School Care, has been a member of the Board of Directors of Junior Achievement, involved with United Way's Success by Six project and on numerous child care task forces and School Advisory Committees. • Ms. Nanci Sodikoff, Executive Director of After School Programs, has more than twenty-five years of experience in the field of child care and management. She has worked for the company for the past twelve years. She holds a Bachelor of Arts in Early Childhood Education. She has had previous experience as a teacher and a Preschool Director. Ms. Sodikoff joined After School Programs in 1995. She is a child care trainer for Nova University and has served on several Child Care Committees, School Advisory Councils, and is a member of both national and state organizations on school aged child care. She is also,the former Vice Chairperson of the Interagency Coordinating Council on Early Childhood Education. Mr. Julian Gazzano, Jr., Executive Director of After School Programs, joined our Company in 2000 with over 37 years of experience in the field of education. His extensive experience includes teaching, Elementary School Principal, Director of Pupil Personnel and Special Education and Superintendent of Schools. Mr. Gazzano also possesses experience and knowledge in the after school field as one of the first principals to begin and operate an after school program in 1978. Mr. Gazzano has been a member of Rotary International for the past 23 years. Mr. Warren Smith will be joining our company for the 2003-2004 school year as an Executive Director. His extensive experience includes 35 years in the Broward County, School System, with 25 years of those being spent as an administrator, a most recently at Riverglades Elementary. Mr. Smith has also served on numerous district committees including policy review, budget, curriculum council, and after school care and has operated his own school based after school program. Introducing After School Programs, Inc. "The Child Fare Professionals. ►► After School Programs, Inc. is a non-profit corporation, formed in 1991. Non- profit corporations are not privately owned by individuals according to the law. There are no stockholders and are formed for the sole purpose of providing community service. Our vision is to provide safe, affordable, quality on-site after school care to all children. Our mission: To be the premiere provider of child care, while meeting the needs of the children, parents, schools and communities we serve; to enhance and enrich the lives of children as they become young adults, while working as a team toward common goals and to be a company that implements genuine care, respect and courtesy for children, parents and each other. After School Programs, Inc. operates quality on-site after school programs in elementary schools throughout Broward County, serving thousands of children and their families. Our programs vary in size, ranging from 100 to over 400 children from varying socioeconomic backgrounds. Scholarships are available to ensure that as many children as possible are able to benefit socially and academically from a quality after school program. 5� :y One of the goals of a non-profit organization is to form a Board of Directors of n" independent outside people who bring their expertise and experience to the �} company. We have accomplished this goal; our Board of Directors consists of w < " experienced educators, current elementary school principals with extensive F experience in running their own after school programs, and leaders in the business community. Man of our programs have been awarded the Gold Seal of Excellence Y P g from Broward County Child Care Licensing & Enforcement year after year, and ` Y have received outstanding marks on The School Board's Quality Needs Assessment. {4 Another one of the goals is to create an active on-going partnership between the t parent, child, school administration, program staff and community, which is unique and based on each school's individual needs. Not only does After School Programs i` offer financial support, but programs that also help improve student achievement. $t Our Partners in Education programs received recognition as a finalist for the 2002 school year for our after school FCAT tutoring programs which focused on r improving student achievement in the critical areas of reading and writing. By r� serving as members of the School Advisory Councils and other school committees, we believe that we can forma p.� artnership between the schools and our child care professionals that creates quality on site after school programs that help to make a real difference in children's lives. At After School Programs, we are proud of our total commitment to all children, their families, their schools and the communities we serve. This means serving every child that is in need of after school care. Scholarships are available to 4 families needing economic assistance and are granted on a sliding scale basis. ., F Our programs also provide after school care for children with special needs. We have an Executive Director who has extensive experience in the field of Exceptional Student Education and a conference is held before each child enters the program to ensure that the child's needs are met and that each child meets with success. Funds are given to the schools and in the past have been used for such important programs as the wiring of computer labs, the purchase of computer software, school improvement projects, scholarships and FCAT tutoring programs that have assisted in improving student's scores in the critical areas of reading, writing and math. A wide variety of fun, stimulating, enriching activities are scheduled each day. These activities are age appropriate and promote the development of all the children in our " programs. Recreational activities include art, cooking, music, drama, • ' A outdoor sports and games and physical " education. Enriching academic , programs may include reading, writing, special tutoring camps, computer technology, science and character - education. Junior Achievement, a pro- gram which focuses on teaching children about our free enterprise system, may be an option at our programs. Several of our sites have also planned special events such as shows, carnivals and even a haunted house for Halloween. Children receive a nutritious snack daily - so there is no need for parents to send a special snack or money for the vending machines. At After School Programs, we realize the importance of homework time and we strive to create a quiet supervised environment where children may do their homework. Parents may request that their children do their homework while in t after care, while others may give their children the option to choose. Many of our programs feature teachers using their classrooms and providing assistance during homework time. Alter School Programs. Inc. offers enriching, fun, full day field trips directly from the elementary schools on all school holidays and during winter and spring breaks. Past trips have included the Miami Seaquarium, Metrozoo,_Museum of Science. IMAX Theater. Flamingo Gardens and Boomers Family Arcade. Our hours of operation on school holidays are 7:45 A.M. to 6:00 P.M. Entertaining shows that include magicians, ventriloquists, puppets, music and dance as well as educational activities such as hands-on science experiments, and shows spotlighting character education, and multi-cultural themes are all part of our Early Release activities featured at each of our programs on every Early Release day at no additional charge. After School Programs strives > 1 � to maintain a low staff to child T,z ratio. It is based on our company's philosophy that we rt can provide safer supervision and our staff members can be 's5;9YiC3 b �„ more responsive and nurturing } to the children in their care. Our lower ratios promote and encourage our staff to take time A to care and speak with individual children and help +s _ them be successful in all act- ivities. Children are grouped according to their current grade. A trained Site Director. meeting the educational credentials required by law, is assigned to each of our programs and is on site daily to coordinate and `supervise all staff and activities Many of our counselors are enrolled in college or have had past experience working with children. At A.S.P. we understand the importance of and stress the proper training of our staff of child care professionals. We are the only child care provider to provide an intensive 3 to 5 day training program. Each new staff member receives a mandatory 4 1/2 hour orientation that includes such important topics as: Developmentally Appropriate Practices., Positive Reinforcement & Guidance. Techniques and Guidelines for working with children. New staff members are also placed with a "Mentor" (Staff Trainer) for a period of 3-5 days. All staff are also required to take the 40 Hour Child Care Training Course mandated by law. be certified in CPR and First Aid. take 8 Hours of In-service Training yearly. Through our Human Resource Department, we are able to eliminate the problems often faced by other child care providers that include shortage of staff. and a high turnover rate. A comprehensive benefits package promotes stability :and helps ensure that our turnover rate is among the lowest in the childcare industry. All of our after school programs are monitored by HRS. which conducts unannounced inspections three times a year. In addition. the School Board conducts a Quality Needs Assessment yearly. Two anonymous surveys are distributed to the parents/guardians of the children in our prograrn in December and April of each year to ensure not only that the parents are satisfied with the program, but the children as well. and to improve the services we offer. if needed. At After School Programs. Inc. the variety of locations, size of our company and multiple levels of management ensure that our programs are properly staffed and supervised at all times. The over 500 child care professionals working for our company gives us the advantage of being able to send Site Directors or Counselors to other programs to maintain our ratios if regular staff is absent. To ensure quality, District and Area Supervisors regularly monitor and evaluate each of our programs,. At After School Programs. the children's safety is our number one priority. Daily attendance is taken at the beginning of each day during snack time. Attendance lists and Sign Out Sheets are ; obtained from the school and r parents are called immediately if their child's name does not appear on any list. Parents or any person picking up a child are required to - do so at the front desk and are not permitted onto the school campus or into any classrooms to pick up a child. Photo I.D.'s are required by all those picking up a child until After School Programs personnel become familiar with those persons permitted to pick up. Counselors are required to wear an A.S.P. uniform and school board identification badge daily. If a parent wishes to observe their child in after care. they must check in at the front desk and then be escorted to ' their child's location by a member of our staff. To further ensure the children's safety and security. two-way radios are used to provide constant and immediate communication. We take pride in sharing the schools philosophy. to ensure that our program is consistent with the school's regular day program. As our children step into the 21st century. we at After School Programs are committed to providing safe, enriching and fun activities to all children after school. Not all after school programs are alike. Consider the A.S.P. advantage... 4 g. . The ASP Family a After School Programs currently provides after school care +�3 i4`nY r -3 programs at the following elementary schools: • Challenger • Palm Cove • Chapel Trail • Palmview • Deerfield Beach • Park Trails i • Eagle Ridge • Riverglades • Everglades • Sheridan Hills • Forest Hills • Sheridan Park x • Fox Trail • Silver Lakes r '�risfF � • Gator Run • Tamarac ` • Hollywood Central • Tedder f ors ri 3a0 Horizon • Tradewinds • McNab t cc' r 2 ® I 3 Early Release Activities Young At Art - Passport to Africa High Touch/High Tech - Hands On Science Experiments Gold Coast Theater - Theatrical Performances Celebrating Multicultural Events Trivia Challenges Puppet Shows Magicians Musical Performances Page Turner Adventures Locomotion Sample Field Trip Activities Miami Seaquarium Miami Metrozoo Museum of Discovery/Imax Theater Miami Museum of Science & Space Planetarium Flamingo Gardens Boomers Roller Skating Ice Skating Movies �i4}a+�ti4l,ccJLFl1 .. a) cn _U cn cn a) a) to cn O N E IL) � � N (a t0 N (0 C cn f9 m U O U U O E �> _0 U U a) r Q Q m off O U O a LLi p cn cn p U) cn C V U Q Q U l Q Q O Ma in 4 cn o cn O a) 0 L 0 0 U v w 06 0 a Q ! ® E 2m o U U ®E LL � L C o m a) a) a) a) a) a) o o o 0 (� C _U o o U o o U U a U cmof (j f° `� o aa)i N o (n (U .® E E °- ° L LL•C U lL U L)_ r/g 42 cnCL L a) 0 4 N to L) • (� cn cn U CCD N -0 E E � t° 7 � a) cv C C �+ �@ WCL ;�: E ` 6!i m N CO 0 0 Cl) U E E 0 O 0 Q = CL p t6' Ln �MUM . , m cu E m Agmm 0 76 m U) (n -t cn LL LL 'EQ Q Q Q ® o 04 Q Q U) ® ® tR f LO O � O LO O to O LO O � O µ y - p T- p r— O O O O E U � L i c c c c c c c c c c c O O O u O In O LO O In ~ CO CO CO CO CO � cM ".:t co ct Co. Co. M M d o s s® \-d f k r � 0 ATTACHMENT IV rAl , A Ok" C'ore Contract • Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 CO-P^rC:A7grt *NOTE: Please be advised that submission of a proposal constitutes acceptance by the agency of the terms and conditions of'the core contract. The core contract is non-negotiable. A core contract with minor modifications for governmental entities is available upon request. AGREEMENT ; ; � s Between Av , CHILDREN'S SERVICES COUNCIL OF�BROWARD,,COUNTY ft. . And NAME OFAGENCY s & We,11 For 7 k #03-XXXX PROGRAM CONTRACT'NUMBER This Agreement, entered Into this "monthx day, 2003", by and between the CHILDREN'S SERVICES COUNCIL;an independent special tax district of the State of Florida, hereinafter referred to as "COUNCIL '�and °provider`s name",asnot for profit Florida corporation, hereinafter referred to as "PROVIDER;. WHEREAS, this;Agreement wlll�enable PROVIDER to provide services, not otherwise funded by any other:public funding source, ar cd 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 August 1, 2003 through September 30, 2004. The Agreement may be renewed for one (1) additional year comprising one (1) one year period, respectively (each individually referred to as a"Renewal Option Period")at the end of each term at the sole option of the COUNCIL. The Initial Term and both Renewal Option Period 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. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 Cn'?Cortcat PROVIDER understands and acknowledges that the initial funding will only be for the Initial Term stated herein. This Agreement is renewable for an additional contract renewal period, at the sole discretion of the COUNCIL, contingent upon but not limited to the fallowing: a. Continued demonstrated and documented need for the services or priority area of funding; 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 proh bited 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 Councll's then current fiscal year upon ninety (90) days prior written notice to the successful proposer Such prior written notice will state: ,,. i. That the lack of appropriated funds is the reason for"11ermination, and ii. Agreement not to replace the services being terminated with services similar to those covered in this proposal from another vendor in the succeeding funding period. This written notification will thereafter;releas2e COUNCIL of all further obligations in anyway related to the services covered herein'" The FundinWOut 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. WAM SCOPE OF"S'ERVICES a 1. PROVIDER agrees - provide-the services and meet the outcome measures set forth in Exhibit A, Scope of Services. 2. PROVIDER.„agrees to attend seminars and/or training sessions as requested by Contract Administrator;.. �E k 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. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 rnrp cortlJrt • IV. FUNDING AND METHOD OF PAYMENT 1. The annual maximum amount payable by COUNCIL to PROVIDER for the term under this Agreement shall be$xxxxxxxx ("Contract Amount"). 2. The annual maximum amount payable by COUNCIL to PROVIDER for each Renewal Option Period under this Agreement shall be subject to negotiation and COUNCIL approval. 3. PROVIDER agrees to provide a Match in the amount of $xzzz'zz.xx for the period of August 1, 2003 to September 30, 2004 in accordance with the�Requirements specified in the Application for Funding, Section P, hereby incorporated by reference. 4. The COUNCIL agrees to pay for units of service or other deliv&ables actually provided, invoiced and documented as specified in Exhibit A;Seope of ServicesAn original invoice, in the format prescribed by the COUNCIL, plusµone`�1) copy are due�, on or before the fifteenth (151h) day of the month following the month in which sery ices,w�ere rendered. COUNCIL agrees to reimburse PROVIDER on a monthlly�billing basis. 41 :. 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 ford ay In�receipt of payment. -ateysubmission may result in delay in receipt of payment. COUNCIL shall pay PROVIDER*ithin thirty(30)calendar days of receipt of PROVIDER'S properly submltted in"voice' ® 5. The PROVIDER shallsubmit the final invoice for payment to the COUNCIL no more than thirty(30)days after the contract period ends or the contract is terminated. If the PROVIDER fails to do sa, all-rights togayment 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�untll"all reports due from the PROVIDER are received by the H .. COUNCIL and any necessary adjustments thereto have been approved by the COUNCIL. 6 In the event thisP,,, greement 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 4 e Contract Amount and the total of these adjustments shall not exceed,,twenty percent (20%) of the total Contract Amount. I ' 7. 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. 8. 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 Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 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. 9. No capital equipment shall be purchased under this Agreement. Capital equipment as defined by the Florida Statutes, Chapter 274 are items with a value greater than $750 which have a life expectancy of more than one year. 10. PROVIDER shall submit a W-9 IRS form providing the name, addiess.,.,and Federal I.D. Number of the official payee to whom payment`shall be made. :A , 11. 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: : 3 n 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 maximizatlon,�etc b. To provltle full access at administrative and service delivery sites to COUNCIL during `allannounced,,and unannounced visits, for the purpose of examination of records and ;data covered%by this Agreement as well as observation of service, delivery, and nsumeAPROVIDER staff interaction. COUNCIL and PROVIDER shall maintaintle confidentiality of Client services and records in full accordance With any federal�r 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. • Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 ^r:ro Contract 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 fro'n other agencies or funding sources for similar services provided shall be subrhitted to COUNCIL within thirty (30) days of receipt. Such reports shall be sentdcaC' ntract Administrator. 2. REPORTS: PROVIDER agrees: " ' a. PROVIDER agrees to comply and participate i 6a ,,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 similaroridentical to those coveredmunder this agreement are purchased and/or subsidizedin whole or in part by another public or private funding source, notice of funding specifics shall:'be submittedt°o the Contract Administrator. 0 3 C. Statistical Demographic Report_� The PROVIDER agrees to maintain and report monthly (w"here° applicable), information on`'overall Client demographics which includes age, gender; race, ethnic origin, parental marital status, education levels and status PROVIDER agrees to track overall Client household income, other benefits received and�types of services provided. d. Cllerit Satisfactlon�Surveys The PROVIDER agrees to administer a COUNCIL- APPROUEDClient"Satisfaction Survey using a process and minimum frequency schedule�as negotiated',with and approved by the COUNCIL. The PROVIDER agrees to report compiled results of the Client Satisfaction Survey for the contract ?period by Month/Date/1(ea'r. Compiled results shall be reported on the PROVIDER's SO rvey form wit,,\ a total range and number of responses received corresponding to each questionasked. The PROVIDER shall submit an analysis of Client Satisfaction Survey-,results and an action plan to improve areas of service delivery, if warranted by the _survey results. The analysis 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 PROVIDER agrees to maintain for a minimum period of two (2) years, a Client Satisfaction Survey file containing all Surveys completed/returned from the Clients of services in accordance with Paragraph V of this Agreement. e. Client Outcome Report: The PROVIDER shall submit a Client Outcome Report, format to be provided by the COUNCIL, completed for each service program Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 !'ore Cantra�t :� 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 submitto the COUNCIL an Actual Expenditure Report which reports by line item actu16f,expenditures incurred in the performance of this contract. The report shallbe submitted in a format to be provided by the Council. Such expenditure information will be used to compile historical unit.cost data. The Actual Expendture':Report shall=be submitted by the PROVIDER to the COUNCIL within sixty"( ) "days following thepend date of the contract. �`. 3. OTHER REQUIREMENTS: a. INTERNAL DOCUMENTATION 5 PROVIDER agrees to malntarn<the following, as applicable: (1) personnel files including hiring records, background screening results"-job descriptions, policies, evaluation procedures, and "kiackground screening results, (2) Authorized time sheets, records, and attendanceasheets, (3)iDailyiktivity 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, and (8) such other information as requestedaby COUNCIL. b. UNITS OF'SERVICE ToAocument and maintain a permanent record of beginning and ending service time°and dafeof service for all time based units of service. � A" :,. c.; TRACKING SYSTEM4REQUIREMENTS PROVIDER"agrees to rnalntain a formal Tracking System, as applicable, identifying all Clients referred to and from the program(s) funded under this Agreement. The Tracking System shall identify the basis for any Client referral, the unavailability of any services toa 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. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 Corr.Cortract . 7 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/orthe 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 reimbursements to COUNCIL for services provided underthis Agreement,e.g., Title IVE of the Social Security Act, Temporary Assistance for Needy Famines (TANF) Block Grant, etc. The PROVIDER shall complete the following Temporary Assistance for Needy Families (TANF)forms for all clients served underthis Agr,.eement. This data will be used by the Council in federal funding revenue maximization efforts through the Florida Department of Children and Famlhes,All TANF eligibillty�information shall be reported to the Council quarterly, unless-otherwise specified by the Council, and copies of all TANF forms shall be retained in the individual cli6hVfamily case files and available for unannounced review by the ,Council. Such JANF eligibility information should not be used as a determii '0h of client eligibifity'for program services funded under this Agreement. a. Eligibility Form for TANF-Fund d Services, DCF-TANF-EZ1 UP5 b. TANF-Funded Services for Non-Citizen Eligibility, TANFEZA2UP3 ` . . .. :: W, c. Worksheet on"Family Income Eligibility for TANF-Funded Services, • T�ANFEZwksht2` , VI. TERMINATION,16� AGREEMENT AND NOTICE 1. It is the intent of the COUNCIL to assure consistent and orderly delivery of children's a services. It is the further,,inte_nt�of,,the COUNCIL to terminate Agreements only in those situations where such action is essentralf&the protection of its interest and the interests of childien,'as determined bythe COUNCIL. 2. This Agreement maybe terminated by the PROVIDER without cause upon no less than thirty= (30) days notice:; Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. This Agreement maybe terminated by the COUNCIL without cause upon no less than thirty (30) days written notice. Said notice shall be delivered by certified mail, return receipt !S"m' 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. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 p 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 RECORDSh. COUNCIL shall have the right to audit the books, records, andaccounts of PROVIDER that are related to the Scope of Services under this Agree rneit 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 allowi e COUNCIL,the comptroller,the Auditor General or other auditing body access to Its records as required by Flork Statutes 215.97, Florida Single Audit Act. ,- ' PROVIDER shall preserve and make available, at,creasonable 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 appl,cable, or, if the Florida Public Records Act is not applicable, fora `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 r e so Iv" e d 6tahe end of the retention period or three • (3) years, whichever islonger, 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 ,f Vill. _ #OWNERSHIP OF DOCUMENTS: ' Any and,all reports, photographs, surveys, and other data and documents provided or create&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 Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 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 nor 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 provldeAlf6t,the incurrence of any obligation by the COUNCIL in addition to the total dollar amobA stated in this Agreement. All such assignments or subcontracts shall be subject toJh& onditions of this Agreement and to any conditions of approval that the COUNCIL shall deem hpecessary. x XI. FINANCIAL STATEMENTS , 1. Within 120 days of the close of its fiscal year, PROVIDER, agrees to subm Oahe COUNCIL a certified independent fiscal audit of all Itscorporate 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 consistentwrth the United States Office of Management and Budget Circular*133-Audit of States,Local Government and Non-Profit u 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 he'PROVIDER. 2. Supplanting: the PROVIDER-shall not use funds provided by the COUNCIL to replace funds from other funding,sources XII. BOARD MEMBERS;AND".MEETIN,GS ` 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 z: 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. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 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 ofthiseontract.This includes, but is not limited to, approving and tracking all PROVIDER employees that request system or information access and ensuring that user access hays been remaued 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 disable adult to the Florida Abuse Hotline on the statewide toll-free telephone number(1-800-96ABUSE).As required by Chapters 39 and 41 5"0,FLORIDA STATUTES, this is binding upon both the PROVIDER and its employeesr,°� 2. In the event of critical incidents such as serious client accident, injury or death, PROVIDER shall advise the Contracf`Admrnistrator immediately by phone and in writing within `twenty-four (24) h`ours. All pertinent information such as Agency Incident.,Reports, Police Reports, actions taken, etc., shall be furnished by the PROVIDER to the Director of Program Services within twenty-four(24) hours of the incident,`or receipt of/such information: XVIII. NONDISCRIMINATIONti. 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 ,a orientation, religion, naional 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';dig ity of people of diverse cultures, classes, races, religions, sexual orientation, and"ethnic backgrounds. XIX. INDEMNIFICATION CLAUSE • Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 PROVIDER shall at all times hereafter indemnify, hold harmless and, at COUNCIL'S option, defend or pay for legal representation to defend COUNCIL, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees (including at all levels of appeal), court costs,and expenses,caused by negligent act or omission of PROVIDER , its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provision of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the COUNCIL;'any sums due PROVIDER under this Agreement may be retained by COUNCIL until IL of COUNCIL's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNCIL. The parties agree that such indemnification obligations shall survive` e`expiration For termination of this Agreement. Nothing herein shall be construed to,waive any sovereign immunity that may be applicable pursuant to law. XX. INTELLECTUAL PROPERTY RIGHTS10 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 cop nghted,service marked,trademarked, patented or unpatented invention, proc�essa article or work man ufactured or used in the performance of the contract, including its useby COUNCIL If ther`PROVIDER(S) uses any design, device, materials or works covered by lefterss, rvice mark trademark, patent, copyright or any other intellectual property right, it Is mutuallynagreedand..understood without exception that the proposal prices will Include all royalties of costs ansing°from the use of such design,device,or materials in any way Involvedin,,the work. ft v ` .. This article will sv ullve the ter m'%nation of any contract with COUNCIL. XXI. INSURANCE 5 1. PROVIDER shall:maintarnln..,force for theerm 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 Insurancewhich 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 HundredkThousand 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. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 ^ors Contract 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. XXIL 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 -Jo 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 shallnot be,construe d to k"e a modification of the terms of this Agreement rya 'ry XXIV. DEFAULT 5; In the event that the awarded proposer(s) should breach this contract, COUNCIL reserves the right to seek remedies in Iaw�;or in equity. ;. XXV. REPRESENTATIONS AN"CKNOWLEDGMENTS 1. PROVIDER represer fs 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-Irepresentations become at any time not true, the PROVIDER shall immediafely.provide written notice of same to the Contract Administrator. a. Therehave,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. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 Gore C.ntract '3 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 Scopeof Services and to provide and perform such services to COUNCIL's sat►sfact►ofin for they'greed compensation. g. PROVIDER shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner The qualityaof PRO VIDER'si<performance and all interim and final product(s) provided, to or on behalf of COUNCIL shall be comparable to local state and nat►onal`best,practJi6 standards. Y ' 2. PROVIDER acknowledges that a. Verification of liability protection,shall accompany this3Agreement upon execution of this Agreement by PROVIDER. 41 " b. Information, guidance and technical ass s anceoffered by Program Services .,� Specialist, or anyother staff, whether wntten;or verbal, in no way constitutes a guarantee of execution of this Agreement by the COUNCIL and should not be relied upon .,asA basis fqr 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 Aci-(Section287 133, Florida Statutes), which essentially provides that a person or affiliate whonis a cont ractor, consultant or other provider and who has been placed on the convicted vendorzlist following a conviction for a Public Entity Crime may not submit a bid on a.6ntract 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 b►ds,,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 Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 C?re.Gnnt���t 14 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 0y01court 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 ;'da s after the findin l the court P P O Y 9y`" Y becomes final. XXX. CIRCULARS, STATUTES AND COMMON RULES , The PROVIDER shall be in accordancewith the following Oculars: 1. Administrative Requirements OMB ,Circular A-102 "Grants and Cooperative Agreements with State and Local Governments;'" OMB Circular A-110 "Uniform Administrative Requirements forGrants and Agreements with Institutions of Higher Education;"Hospitals:and Other Non-Profit Organizations." 2. Allowable�Costs OMB Circular Noy.;87, "Cost Principles for State and Local Governments OMB Ciircu,lar No.A 21, "Cost Principles for Educational Institutions," OMB Circular Noy A-122 Cost".:Principles for Nonprofit Organizations" and OMB Circular A 133, "A' its of State, Local Governments and Non-Profit Institutions." w i`3 Florida Statutes 215 97,.Florida Single Audit Act. XXXI. 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 ki page contract, inclusive of Exhibit A, is hereby executed as follows: Approved as to form by: JOHN MILLEDGE, ESQ. Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008 Republic Tower, 110 S.E. 61h Street, 15th Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 John.Milledge, Esq. PROVIDER COUNCIL � ' . SIGNED SIGNED s BY: BY:,,""",", NAME: -NAME: Jack L. Moss " TITLE: CEO/Executive Officer TITLE: Cha r". DATE: DATE. -' Provider Federal Identification #: xx-xxxxxxx Attachments to Agreement: Exhibit A: Scope of Work a " a ° F qi �F • Maximizing Out-Of-School Time(MOST)2003 RFP#03-PS-008