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HomeMy WebLinkAboutR-2007-080 Summer Challenge RESOLUTION NO. 2007-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE 2007 SUMMER CHALLENGE PROGRAM; FURTHER, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS,the City Manager has determined that it is advantageous for the City of Dania Beach to provide funding through the Summer Challenge grant program offered by Children's Services Council of Broward County; and WHEREAS, specific requirements of the grant must be met and these services can be provided by After School Programs, Inc. for the 2007 Summer Camp recreational program, which will coincide with the Broward County School year; and WHEREAS, this grant will provide up to 88.5% of the total costs for the programs with a match from the City of Dania Beach in the form of in-kind services and cash match of no less than 11.5%, with a maximum cash match of $22,480.00 inclusive of start-up costs and other operating expenses; and WHEREAS, the City Manager has determined that the contract with After School Programs, Inc. will be contingent on award to the City of the Summer Challenge grant and availability of a site to conduct the program and will be for the 2007 summer period (June — August); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the match by the City of no less than 11.5% of the Children's Services Council of Broward County for the 2007 Summer Challenge grant (a maximum cash match of$22,480.00, including start-up costs and other operating expenses) 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. In addition, all of the foregoing recitals are incorporated as if fully set forth in this Section. Section 2. That the proper city officials are authorized to execute the grant Agreement, 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, including the transfer of funds of the required City's cash match. 2 RESOLUTION NO. 2007-080 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 retroactive to May 1, 2007. PASSED AND ADOPTED on May 8, 2007. BOB MAYOR—COMMISSIONER ATTTST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM 4ND CORRECTNESS: BY: THOMA J. A BR CITY A TO EY 3 RESOLUTION NO. 2007-080 AGREEMENT Between Children's Services Council of Broward County and City of Dania Beach for Summer Challenge 2007 #07-2825 PROGRAM CONTRACT NUMBER This Agreement, entered into this 1st day of May, 2007, by and between the CHILDREN'S SERVICES COUNCIL, an independent special tax district of the State of Florida, hereinafter referred to as "COUNCIL," and City of Dania Beach, a FLORIDA MUNINICPALITY, hereinafter referred to as "PROVIDER." WHEREAS, this Agreement will enable PROVIDER to provide services, not otherwise funded by any other public funding source; and WHEREAS, funding given to PROVIDER has been found and declared to be for a public purpose. NOW, THEREFORE, the parties agree as follows: I. TERMS OF AGREEMENT The terms of this Agreement shall be from May 1, 2007, through September 30, 2007. This agreement is not renewable. II. SCOPE OF WORK 1. PROVIDER agrees to provide the services and meet the outcome measures set forth in Exhibit A, Scope of Work. 2. PROVIDER agrees to attend seminars and/or training sessions as requested by Contract Administrator. 3. PROVIDER agrees to comply with the Monitoring/Reporting Requirements specified in Section V of this Agreement. 4. Background Screening: the PROVIDER shall comply with the Level 2 background screening and fingerprinting requirements in accordance with Florida Statutes Chapter 435, and School Board of Broward County and/or Broward County background screening requirements, as applicable. City of Dania Beach 1 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 III. ORDER OF PRECEDENCE The Bid Solicitation and PROVIDER Proposal Response are hereby incorporated by reference as a part of this Agreement in the following Order of Precedence: Executed Contract, Bid Solicitation Requirements, PROVIDER Application for Funding. IV. FUNDING AND METHOD OF PAYMENT 1. The annual maximum amount payable by COUNCIL to PROVIDER for the term under this Agreement shall be $195,370.00 ("Contract Amount") 2. PROVIDER agrees to provide a Match in the amount of $22,480.00 for the period of May 1, 2007 through September 30, 2007, in accordance with the Requirements specified in the Application for Funding, hereby incorporated by reference. 3. The COUNCIL agrees to pay for units of service or other deliverables actually provided, invoiced and documented as specified in Exhibit A, Scope of Work. An original invoice, in the format prescribed by the COUNCIL, is due on or before the tenth (10`h) day of the month following the month in which services were rendered. COUNCIL agrees to reimburse PROVIDER on a monthly billing basis. In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by COUNCIL. Invoices and/or documentation returned to PROVIDER for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. COUNCIL shall pay PROVIDER within thirty (30) calendar days of receipt of PROVIDER'S properly submitted invoice. 4. The PROVIDER shall submit the final invoice for payment to COUNCIL no later than September 30, 2007. If the PROVIDER fails to do so, all rights to payment are forfeited and the COUNCIL will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the PROVIDER are received by the COUNCIL and any necessary adjustments thereto have been approved by the COUNCIL. 5. In the event this Agreement provides for more than one service or program, the Contract Administrator may shift funding between services and/or program(s) components, at any time, upon written notice to PROVIDER; however, Contract Administrator may not increase funding in excess of the Contract Amount and the total of these adjustments shall not exceed twenty percent (20%) of the total Contract Amount. 6. Submission of accurate, timely documentation and other requested information as required by COUNCIL shall be considered a factor in evaluating future funding requests. Invoices and/or documentation returned to PROVIDER for corrections may not be considered as submitted and shall be cause for delay in receipt of reimbursement. 7. PROVIDER attests to COUNCIL that no other reimbursement is available or used for invoiced services unless expressly authorized by COUNCIL. This Agreement specifically excludes Medicaid covered services provided to Medicaid certified clients. PROVIDER shall bill and pursue collection of third party and client payments (where City of Dania Beach 2 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 applicable) for services rendered under this Agreement. In the event COUNCIL pays PROVIDER for a service that later becomes eligible for Medicaid or other third party coverage, then PROVIDER agrees to deduct the amount paid by COUNCIL on its next invoice. In the event the PROVIDER has submitted a final invoice, PROVIDER shall reimburse COUNCIL in the amount received by Medicaid or other third party payor within (30) days of receipt of that Medicaid payment. Additionally, the PROVIDER must note in the client file the date when clients become eligible for Medicaid or other third party payor. PROVIDER shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any service covered by this Agreement, and shall make all such records available to COUNCIL upon request. PROVIDER shall report such fees; reimbursement, compensation or funding to COUNCIL for such payments received which will be deducted from PROVIDER'S invoices. & No capital equipment shall be purchased under this Agreement. Capital equipment is defined by the Florida Statutes, Chapter 274, as items with a value greater than $750 which have a life expectancy of more than one year. 9. PROVIDER shall submit a W-9 IRS form providing the name, address and Federal I.D. Number of the official payee to whom payment shall be made. 10. It is PROVIDER'S responsibility to advise the Contract Administrator, in writing, of changes in name, address and/or telephone number. V. MONITORING, REQUIRED RECORDS AND REPORTS 1. MONITORING: PROVIDER agrees: a. To assign appropriate staff as necessary to attend meetings with COUNCIL staff to discuss issues and recommendations concerning quality of service; service delivery systems, coordination of services, consumer satisfaction, records maintenance, and funding maximization, etc. b. To provide full access at administrative and service delivery sites to COUNCIL during all announced and unannounced visits, for the purpose of examination of records and data covered by this Agreement as well as observation of service, delivery, and consumer/PROVIDER staff interaction. COUNCIL and PROVIDER shall maintain the confidentiality of Client services and records in full accordance with any federal or state laws or federal regulations mandating such confidentiality. C. To make all records and files pertaining to Clients subject at all times to inspection, review and/or audit by COUNCIL. d. That, if documentation is not readily available, then payments may be suspended until such time as PROVIDER has rescheduled another monitoring appointment to occur within thirty (30) days. City of Dania Beach 3 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 e. To respond to any monitoring findings within the time frame specified therein, that back-up documentation to be used to support the billings and outcomes provided shall be approved in writing by Contract Administrator. f. That findings of monitoring reports, responsiveness to corrective action, and all the performance requirements of this Agreement and timeliness of requested information shall be considered factors in evaluating future funding requests. g. To provide COUNCIL access to records and client files developed relevant to this Agreement regarding assessment of Outcomes beyond the expiration of this Agreement, as applicable. h. To respond to any monitoring findings within the time frame specified therein. i. Any monitoring reports and/or accreditation reports from other agencies or funding sources for similar services provided shall be submitted to COUNCIL within thirty (30) days of receipt. Such reports shall be sent to Contract Administrator. 2. REPORTS: PROVIDER agrees: a. PROVIDER agrees to comply and participate in any data collection as required by the COUNCIL. Also, PROVIDER agrees to furnish COUNCIL with any and all reports required in this Agreement within the accompanying time requirements as noted. b. In the event services similar or identical to those covered under this Agreement are purchased and/or subsidized in whole or in part by another public or private funding source, notice of funding specifics shall be submitted to the Contract Administrator. c. Statistical Demographic Report: The PROVIDER agrees to maintain and report monthly (where applicable), information on overall Client demographics which includes social security number, age, gender, race, ethnic origin, parental marital status, education levels and status in the format provided by, or approved in writing by, the COUNCIL. PROVIDER agrees to track overall Client household income, other benefits received, types of services provided, and other information as required by the COUNCIL. d. Client Satisfaction Surveys: The PROVIDER agrees to furnish the COUNCIL with compiled results of any and all Client Satisfaction Surveys administered by the PROVIDER. Survey reports shall include the total number of surveys administered/mailed and the total number of surveys completed/returned. Upon COUNCIL request, PROVIDER shall submit raw data from all administered Client Satisfaction Surveys. The COUNCIL may, at its discretion, administer or require the PROVIDER to administer Client Satisfaction Surveys, as deemed necessary. PROVIDER shall provide necessary client information and facilitate the administration of client satisfaction surveys, as directed by the COUNCIL. City of Dania Beach q P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 e. Client Outcome Data Reporting: The PROVIDER shall submit Client Outcome data, in the format provided by the COUNCIL, within time frames specified by the COUNCIL. The PROVIDER shall also report any barriers experienced in outcome achievement. The report should also include any noteworthy activities that have occurred during the term of this Agreement. The PROVIDER shall also submit the number of Clients served under this Agreement to include: the number of new Clients, the number of Clients terminated, and such other information as requested. f. Actual Expenditure Report: The PROVIDER shall submit to the COUNCIL an Actual Expenditure Report which reports by line item actual expenditures incurred in the performance of this contract. The report shall be submitted in a format to be provided by the COUNCIL. Such expenditure information will be used to compile historical unit cost data and to analyze appropriate funding levels. Significant discrepancies between budgeted and actual costs may result in recoupment of funds. A final Actual Expenditure Report shall be submitted by the PROVIDER to the COUNCIL sixty (60) days after the end of the contract. 3. OTHER REQUIREMENTS: a. INTERNAL DOCUMENTATION PROVIDER agrees to maintain the following, as applicable: (1) personnel files including hiring records, job descriptions, policies, evaluation procedures, and background screening results, (2) Authorized time sheets, records, and attendance sheets, (3) Daily activity log and monthly calendar, (4) signature of person at sites authorizing presentations, (5) Training modules, (6) Pre and post session questionnaires, (7) Client information release form, (8) Community Resource Inventory Organizational Profile update, (9) Emergency Disaster Plan and (10) such other information as requested by COUNCIL. b. UNITS OF SERVICE: Provider shall document and maintain permanent client records that reflect individual beginning and ending service times, dates of service and nature of service for all units of service provided under this Agreement. c. TRACKING SYSTEM REQUIREMENTS PROVIDER shall comply with the COUNCIL'S Services and Activities Management Information System (SAMIS), as applicable, identifying all Clients referred to and from the program(s) funded under this Agreement. This shall include, but not be limited to, Client information related to Client demographics, and identification, referral sources, outcome performance data, service provision data and fiscal activities for all programs funded under this Agreement. 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 area routinely used or leased or contracted for by an entity and used routinely or regularly for provision of health, day care, education or library programs either directly or through State or local City of Dania Beach 5 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 governments, by Federal grant, contract loan, or loan guarantee. The law does not apply to children's services provided in the private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $ 1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. e. REVENUE MAXIMIZATION DOCUMENTATION PROVIDER agrees to comply with any and all reporting and documentation requirements necessary for eligibility for Federal, State and other match funding opportunities to COUNCIL for services provided under this Agreement, e.g., Title IV- E of the Social Security Act, Temporary Assistance for Needy Families (TANF) Block Grant, Medicaid Targeted Case Management, etc. The PROVIDER shall complete all necessary and appropriate forms for all Clients served under this Agreement. This data will be used by the COUNCIL in federal funding revenue maximization efforts. All eligibility information shall be reported to the COUNCIL quarterly, unless otherwise specified by the COUNCIL, and copies of all eligibility forms shall be retained in the individual client/family case files and available for unannounced review by the COUNCIL. Such eligibility information shall not be used as a determination of client eligibility for program services funded under this Agreement. VI. TERMINATION OF AGREEMENT AND NOTICE 1. It is the intent of the COUNCIL to assure consistent and orderly delivery of children's services. It is the further intent of the COUNCIL to terminate Agreements only in those situations where such action is essential for the protection of its interest and the interests of children, as determined by the COUNCIL. 2. This Agreement may be terminated by the PROVIDER without cause upon no less than forty-five (45) days notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. This Agreement may be terminated by the COUNCIL without cause upon no less than forty-five (45) days written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 4. In the event that funds needed to finance this Agreement become unavailable, the COUNCIL may terminate the contract upon no less that twenty-four (24) hours notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. The COUNCIL shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 5. In addition to the rights set forth in sub paragraphs 3 and 4 above, this Agreement may be terminated by the COUNCIL with cause upon no less than twenty-four (24) hours City of Dania Beach P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 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. VI I. AUDIT RIGHT AND RETENTION OF RECORDS COUNCIL shall have the right to audit the books, records, and accounts of PROVIDER that are related to the Scope of Services under this Agreement. PROVIDER shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Scope of Services under this Agreement. As defined in the Florida Single Audit Act, the PROVIDER agrees to allow the COUNCIL, the comptroller, the Auditor General or other auditing body access to its records as required by Florida Statutes 215.97, Florida Single Audit Act. PROVIDER shall preserve and make available, at reasonable times for examination and audit by COUNCIL, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of the Agreement Term of this Agreement and for three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNCIL to be applicable to PROVIDER'S records, PROVIDER shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by PROVIDER. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNCIL'S disallowance and recovery of any payment upon such entry. Vill. OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNCIL. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by PROVIDER, whether finished or unfinished, shall become the property of COUNCIL and shall be delivered by PROVIDER to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to PROVIDER shall be withheld until all documents are received as provided herein. IX. INDEPENDENT CONTRACTOR PROVIDER is an independent contractor under this Agreement. Services provided by PROVIDER shall be by employees of PROVIDER and subject to supervision by PROVIDER, and not as officers, employees, or agents of the COUNCIL. Employee compensation, personnel policies, tax responsibilities, social security and health City of Dania Beach 7 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 insurance, employee benefits, travel, per diem policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of PROVIDER. X. SUBCONTRACTING PROVIDER shall not assign the responsibility of this Agreement to another party or subcontract for any of the work contemplated under this Agreement, without prior written approval of the Contract Administrator. No such approval by the Contract Administrator shall be deemed in any event or in any manner to provide for the incurrence of any obligation by the COUNCIL in addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that the COUNCIL shall deem necessary. XI. FINANCIAL STATEMENTS 1. Within 120 days of the close of its fiscal year, PROVIDER agrees to submit to the COUNCIL a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and standards contained in the Government Auditing Standards issued by the Comptroller General of the United States. The fiscal audit must also be conducted consistent with the United States Office of Management and Budget Circular A-133, Audit of States, Local Government and Non-Profit Organizations and the Florida Single Audit Act, Florida Statutes 215.97, as applicable. Audit extensions may be granted in writing by the Contract Administrator upon receipt in writing of such request with appropriate justification by the PROVIDER. 2. Supplanting: the PROVIDER shall not use funds provided by the COUNCIL to replace funds from other funding sources. XII. BOARD MEMBERS AND MEETINGS Within 30 days of the effective date of this Agreement, PROVIDER will submit to the COUNCIL a calendar of its scheduled Board meetings for the current fiscal year and an updated list of Board Members. XIII. PUBLICIZING COUNCIL SUPPORT PROVIDER agrees to identify the COUNCIL'S support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from the COUNCIL. COUNCIL agrees to provide PROVIDER with a camera-ready logo for such use. XIV. PUBLICATIONS PROVIDER agrees to supply the COUNCIL, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City of Dania Beach g P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 COUNCIL. PROVIDER agrees that the COUNCIL will have unlimited use of copyrighted materials developed under this Agreement. XV. CONFIDENTIAL INFORMATION The PROVIDER, its agents, employees or subgrantees will not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR, Part 205.50) except upon written consent of the recipient, or his/her responsible parent or guardian when authorized by law. XVI. SECURITY OBLIGATIONS PROVIDER shall maintain an appropriate level of data security for the information the PROVIDER is collecting or using in the performance of this contract. This includes, but is not limited to, approving and tracking all PROVIDER employees that request system or information access and ensuring that user access has been removed from all terminated PROVIDER employees. XVII. CLIENT RISK PREVENTION AND INCIDENT REPORTING 1. PROVIDER shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll- free telephone number (1-800- 96ABUSE). As required by Chapters 39 and 415, FLORIDA STATUTES, this is binding upon both the PROVIDER and its employees. 2. In the event of critical incidents such as serious Client accident, injury or death, PROVIDER shall advise the Contract Administrator immediately by phone and in writing within twenty-four (24) hours. All pertinent information such as Agency Incident Reports, Police Reports, actions taken, etc., shall be furnished by the PROVIDER to the Director of Program Services within twenty-four (24) hours of the incident, or receipt of such information. XVIII. NONDISCRIMINATION Programs receiving funding from the COUNCIL shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, sexual orientation, religion, national origin, citizenship, disability, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, sexual orientation, and ethnic backgrounds. XIX. INDEMNIFICATION CLAUSE Any PROVIDER who is a state agency or subdivision, as defined in Chapter 768.28, Florida Statues, agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of their employment or agency, and City of Dania Beach 9 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any PROVIDER to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any manner arising out of any contract or under this Agreement. XX. INTELLECTUAL PROPERTY RIGHTS The PROVIDER will indemnify and hold harmless, COUNCIL from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by COUNCIL. If the PROVIDER(S) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties of costs arising from the use of such design, device, or materials in any way involved in the work This article will survive the termination of any contract with COUNCIL. XXI. INSURANCE 1. PROVIDER shall maintain in force for the term of this Agreement comprehensive general liability in the minimum amount of three hundred thousand dollars ($300,000) per occurrence bodily injury and property damage combined single limit. Such policy will be evidenced by a Certificate of Insurance which reflects COUNCIL as an additional insured and provides thirty (30) days prior written notice of cancellation. The Certificate of Insurance shall also be in compliance with Florida Statute 440 (Workers' Compensation Law). Further, PROVIDER will maintain professional liability insurance in the minimum amount of Three Hundred Thousand Dollars ($300,000) for each claim, subject to insurance market availability and affordability. Such policy will be evidenced by a 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 is on file with the COUNCIL shall result in suspension of any monies due and owing for any outstanding invoice of the PROVIDER by the COUNCIL. PROVIDER shall submit two (2) copies of their current Certificate of Insurance to the Program Services Specialist when this Agreement is signed with renewals of same annually thereafter. 2. If PROVIDER'S insurance is provided by a municipality and at any time the municipality is unable or unwilling or otherwise ceases to provide insurance to COUNCIL for injury, damages, or liability which may arise out of the performance of this Agreement, PROVIDER shall be responsible for providing sufficient insurance in amounts and under terms required by COUNCIL. COUNCIL, in its sole discretion, shall determine what constitutes sufficient insurance. Documentation shall be submitted by PROVIDER to the Contract Administrator. City of Dania Beach 10 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 XXII. AMENDMENTS: ASSIGNMENTS 1. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. However, the Contract Administrator for the COUNCIL may sign a modification, amendment or alteration to the terms and conditions of this Agreement where there is a change to Exhibit A, Scope of Services, to reduce the Contract Amount, or to change performance outcomes. 2. This contract or Agreement is personal to the parties herein and may not be assigned, in whole or in part, by the proposer without prior written consent of COUNCIL. The PROVIDER herein shall not assign payments under this contract or agreement without the prior written consent of COUNCIL. XXIII. WAIVER OR BREACH Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of this Agreement. XXIV. DEFAULT In the event that the awarded PROVIDER(S) should breach this contract, COUNCIL reserves the right to seek remedies in law or in equity. XXV. REPRESENTATIONS AND ACKNOWLEDGMENTS 1. PROVIDER represents to COUNCIL that upon the execution of this Agreement and continuing throughout the Agreement Term the following are true and correct. In the event that any of the following representations become at any time not true, the PROVIDER shall immediately provide written notice of same to the Contract Administrator. a. There have been no irregularities involving its management or employees that could have a material effect on PROVIDER'S operations or financial stability. b. PROVIDER has committed no violations or possible violations of laws or regulations the effects of which should be considered by COUNCIL prior to entering into this Agreement. c. There are no material transactions that have not been properly recorded in the appropriate document(s) or disclosed. d. Related party transactions as defined by generally accepted accounting principles and related amounts receivable or payable have been properly recorded or disclosed. City of Dania Beach 11 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 e. It maintains appropriate active license(s), which are all in good standing and have not been revoked or suspended, where PROVIDER is operating a facility or providing a service where any type of licensure is required, including, but not limited to federal, state, county and local law. f. PROVIDER represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNCIL'S satisfaction for the agreed compensation. g. PROVIDER shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of PROVIDER'S performance and all interim and final product(s) provided to or on behalf of COUNCIL shall be comparable to local state and national best practice standards. 2. PROVIDER acknowledges that: a. Verification of liability protection, shall accompany this Agreement upon execution of this Agreement by PROVIDER. b. Information, guidance and technical assistance offered by Program Services Specialist, or any other staff, whether written or verbal, in no way constitutes a guarantee of execution of this Agreement by the COUNCIL and should not be relied upon as a basis for doing business, delivering service, expending financial resources or expectation of receipt of payment. XXVI. PUBLIC ENTITIES CRIMES ACT PROVIDER represents that the execution of this Agreement will not violate the Public Entities Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNCIL, may not submit a bid on a contract with COUNCIL for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNCIL, may not be awarded or perform work as a contractor supplier, subcontractor, or consultant under a contract with COUNCIL, and may not transact any business with COUNCIL in excess of the threshold amount provided in Section 287.017, Florida Statues, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNCIL'S competitive procurement activities. XXVII. GOVERNING LAW AND VENUE This Agreement shall be governed, construed, and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Court in and for Broward County, Florida. City of Dania Beach 12 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 XXVIII. COMPLIANCE WITH LAWS The parties shall comply with all federal, state, and local government laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. XXIX. SEVERABILITY In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNCIL or PROVIDER elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. XXX. CIRCULARS, STATUTES AND COMMON RULES The source of the COUNCIL'S funding is local dollars; thus the PROVIDER does not need to conduct a separate single audit under this contract. The PROVIDER shall use the following Circulars as a guideline for managing the COUNCIL'S funding: 1. Administrative Requirements: OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments," OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 2. Allowable Costs: OMB Circular No. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," OMB Circular No. A-122 "Cost Principles for Nonprofit Organizations" and OMB Circular A-133, "Audits of State, Local Governments and Non-Profit Institutions." 3. Florida Statutes 215.97, Florida Single Audit Act. XXXI. HIPAA ADDENDUM Both parties agree to satisfy the standard for personal health information contained in the federal and state statutes and regulations, including, without limitation, any regulations promulgated under HIPAA (Health Insurance Portability and Accountability Act), as applicable. Both parties agree that as a result of the business relationship and as defined in the HIPAA Final Privacy Rules 65 CFR Parts 160 to 164 December 28, 2000, Contractor is possibly considered a Business Associate of Hospital District, and may be a Chain of Trust Partner under the HIPAA Proposed Security Rules. Business rules will be appended to this contract detailing the privacy and security requirements and practices that a Business Associate is required to meet. If HIPAA Transaction Standards and Code Set Final Rules at 45 CFR Parts 160 and 162, August 17, 2000, apply due to any electronic bills Contractor may submit to Hospital District, Contractor agrees that the billing information shall meet HIPAA Transaction Standards and Code Set Final Rules. If requested by the Hospital District, Contractor agrees that it will enter into an appropriate Trader Partner Agreement, Business Associate Agreement, and/ or Chain of Trust Agreement as necessary to comply with the aforementioned rules. The City of Dania Beach 13 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 parties agree to negotiate for thirty (30) days with the goal of reaching a mutually agreeable Trading Partner Agreement, Business Associate Agreement and /or Chain of Trust Agreement. If the parties fail to agree and fully execute such an Agreement or Agreements by the end of thirty (30) days, either party may terminate this Agreement upon written notice to the other party. XXXII. MULTIPLE ORIGINALS This Agreement may be fully executed in two (2) copies or more by all parties, each of which bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: This twenty-eight (28) page contract, inclusive of Exhibit A, Scope of Work, and Exhibit B, program schedule is hereby executed as follows: Approved as to form by: JOHN MILLEDGE, ESQ. Republic Tower, 110 S.E. 6`h Street, 151" Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 John Mill d e, Esq. City of Dania Beach 14 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 PROVIDER: COUNCIL: City of Dania Beach SIGNED SIGNED BY: BY: NAME:_ Ivan P o NAME: Comm. Suz ne GuZurger TITLE: City Manager TITLE: Chair DATE: /�� aL>b r : �1) 1 /, � Provider Federal Identification #: 59-60000302 Attachment: Exhibit A and B Provide notary attestation for Provider's signature below: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing Agreement was acknowledged before me this L day of 119 2007 by % P� _/_T. as CITY of C'-lTV Vr 7�RNil9 E/FLII (Name of Signatory) (Title) (Name of Entity) a InUAII0 i Ida!_ C=I'✓CiW I)7CA `v on behalf of the corporation/entity.;He/Si a is (Type of Entity) personally knowdto me or produced identification. Type of identification produced: D7� - : —7J ir7CJ Notary Public- State of Florida Print Name: -`�e'A) EST/Z0, (Seal) �. commission expires: hc XDD 495609 :Q 11,11111 � City of Dania Beach 15 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 EXHIBIT A SCOPE OF WORK Agency name: City of Dania Beach Program Name: Summer Challenge 2007 P.O.W.E.R. (Positive Outlooks With Educational Rewards) Program Contract #: 07-2825 I. Method of Service Delivery The PROVI[ER shall,�r�vide a Summer Camp or$$ur�nmerActtvlty�t~Ograrriwhfch, serues4chiltlre why are N�3t partic�IS kmg or nro(� d t pr�y� r iad prog-M or summervPK"programs, AND-whoare�1>) chtltlren of Itav� incomefamilies'rri�ttieM genera pulaIL ttod through ag 17, and/or (2) chiltitenTuuith specal, eeds,tto�gh age 7-'I who= are currently enrolled m'a Sch~o�l Bbard �� rove 'etlucafibnala lacement whlca ends wrath the completion of fhe,sc(lbbl"ear P f , _ s As a Summer Challenge Program 2007, the program shall focus on prevention and early intervention services that target children by developmental stages to improve school success, social adjustment, readiness for social transition or readiness for self- sufficiency while addressing specific outcomes. The PROVIDER shall present youth with opportunities for a recreational camp experience enhanced by academic and fitness skill building activities, and is expected to serve a diverse group of students representing a wide range of geographic and experiential backgrounds. The program shall provide a balance between the academics, fitness activities, and social activities. The program shall have engaging, challenging, and interesting reading and mathematics components while giving children a chance to learn from one another. 1. Program Type The City of Dania Beach shall provide a Summer Day Camp program consisting of daily activities for children who are transported to the site each morning and who return to their homes at the end of each day. 2. Program Intent/Design The Positive Outlooks With Educational Rewards (P.O.W.E.R.) Summer Camp Program shall provide a safe, fun and educational summer program to children. Children shall receive one hour of daily reading instruction, by a certified teacher, to reinforce literacy and improve fluency; mathematics instruction shall be delivered for thirty minutes daily, by a certified teacher, using the Moving With Math curriculum. In addition to the required program components, the following activities shall be included: social skills education, once weekly; cultural arts activities, biweekly; supervised computer instruction, four times weekly; and cooking instruction and nutritional education once weekly. City of Dania Beach 16 P.O.W.E.R. Program Summer Challenge 2007 Contract#07-2825 The summer program shall also provide a three session Junior Achievement component; this curriculum uses hands-on experiences to help young people understand the economics of life. Children, ages 5 to 12, shall be introduced to the concept and advantages of free enterprise; learn the characteristics of a quality business; learn the importance of ethics, teamwork and decision making; and the importance of community involvement. As an extension of the Junior Achievement curriculum, children will created and run a model city. This activity takes a constructivist approach by encouraging students to act on their physical and social environments. Program activities shall promote the theme of "Unity in our Community" focusing on cultural appreciation and community pride. Each week the program shall focus on a different culture with the goal of promoting awareness and understanding of the various cultures represented in our community. Children shall learn about these cultures through field trips, cultural arts presentations and activities, music, and cooking activities. Service-learning projects and presentations by guest speakers from within the Dania community are also planned. 3. Target Population: The PROVIDER shall serve children ages five (5) to twelve (12) who are primarily from the General Population; however, services to the Special Needs Population shall also be provided through the use of inclusion strategies. The General Population Children 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. The Special Needs Population are children with special needs who have a physical, sensory or learning disability or difficulties in areas such as communication, attention or behavior 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, need special education and related services. These may include children with special needs who have documented evidence of an inability to participate in general education programs, but may or may not have been identified by the School Board of Broward County. PROVIDERS serving special needs populations shall be knowledgeable of the special needs associated with the range of disabilities they may encounter during the summer program, how each of these disabilities can affect learning and behavior, and what instructional practices and accommodations have proven effective. In accordance with State and Federal laws, the PROVIDER shall ensure special needs children are afforded the same opportunities as the general population. Programs shall embrace and implement programming which ensures inclusion. "Inclusion is defined as the process and practice of educating students with disabilities in the general education classrooms of their neighborhood school, with the supports and accommodations needed by that student." The PROVIDER shall extend the concept of "inclusion" by providing services to children with disabilities during the course of administering summer programs to the general population - to the extent that services can be provided in a safe environment, and incorporating as many of the critical factors for successful inclusion as possible, as City of Dania Beach 17 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 delineated in the Request for Proposal. 4. Service Delivery Core Services Program Services shall be provided to address the specific needs of clients. They shall include: Daily Reading - Minimum of one (1) hour per day of reading 175 activities delivered by a certified teacher that are creative, fun, and designed to foster a love of learning. The activities shall incorporate at least one (1) method from Group A (i.e. reading aloud, creating plays or skits from favorite books, or assigning reading buddies), and one (1) method from Group B (i.e. keeping journals, starting a newsletter or newspaper, or writing stories.) Moving with Math - Minimum of one half (1/2) hour per day of 175 mathematics activities delivered by a certified teacher that are creative, fun, and designed to maintain and increase math skills delivered in a non-threatening, positive and encouraging manner. Physical Fitness - Minimum of one (1) hour per day of 175 structured physical fitness activities, using the SPARK curriculum. The fitness component shall reflect a variety of activities and encourage active participation regardless of the particular skill level of the children, in a fun, engaging way that promotes teamwork and cooperative play Cultural Arts Education- Cultural arts activities shall provide 175 children with opportunities and experiences, such as participation in drama or dance classes, painting, cultural music activities and story telling. Drowning Prevention / Water Safety - Children shall 175 participate in one (1) hour of weekly swimming lessons provided by Swim Central. Nutrition - Program shall include activities that provide 175 opportunities for children to learn about nutrition and making positive nutritional decision making. Children shall be provided healthy snacks daily. The Daily Schedule of Activities shall, in general, be as indicated in Exhibit B. City of Dania Beach Is P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 Service Locations: The PROVIDER shall provide summer program services at the following locations: Collins Elementary School 1050 NW 20d Street Dania Beach, FL 33004 P.J. Meli Park 2901 SW 52nd Street Dania, FL 33312 PROVIDER shall provide the COUNCIL a copy of the agreement for the use of space from the site location owner to the PROVIDER authorizing use of the site for the program. PROVIDER shall notify the COUNCIL in writing of site changes within three (3) days. Site changes are subject to COUNCIL approval. Dates/Days/Hours of Operation: The PROVIDER shall operate the summer program from June 4, 2007, until August 17, 2007, Monday through Friday, in accordance with the adopted School Board of Broward County school calendar. Daily hours of operation shall be from 7:45 a.m. through 6:00 p.m. II. Staff Qualifications Staff positions, qualifications and duties shall be as described in the following chart and personnel files will be reviewed for compliance: r ,. 1 Parks and Minimum of Oversee After School 5% Recreation Master's Degree 10 years Programs, Inc. to In-Kind Director experience ensure all aspects of Match in the field grant requirements are of being met Recreation 1 Computer Bachelor's Minimum of Maintenance and 10% Technician Degree 2 years upgrades of In-Kind experience computers, printers, Match in programming, and the Information internet Technology City of Dania Beach 19 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 s y t 1 After School Master's Minimum of Organize, plan, and 10% Programs, Degree 15 years supervise the Inc. experience educational and Director of in the Public recreational programs Education School which includes site System visitation and staff meetings 1 After School Bachelor's Minimum of Administration, record 50% Programs, Inc. Degree 1 year keeping, data Grants 40 hour ASP experience collection coordinator Administrator child care as a Grants and organizer of training plus Administrat performance data and ASP or invoicing Management equivalent. training 2 After School Bachelor's Minimum of Plans and prepares 100% Programs, Inc. Degree or 1 year schedules, daily Site Director CDA or AA experience activities and Degree or 60 in childcare. supervises children college and staff at all times credits with 6 both on site and during credits in field trips. early childhood education ASP Management Training; HRS 40 hours; ASP 40 hour child care training including CPR 12 After School H.S. diploma; Minimum 6 Interact with and 100% Programs, Inc. ASP months supervises children in Counselor orientation previous all daily activities and training/ childcare including arts, sports, 40 hour child experience. swimming and field care training Bilingual is trips. course a plus. . /CPR/FIRST AID City of Dania Beach 20 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 7 After School Bachelor's Minimum of Instruct children in 100% Programs, Inc. Degree 1 year or required reading, math Teacher Teacher's more components. Certification teaching Providing computer experience instruction (if computers are available). III. General Operating Information 1. A minimum of 175 children shall be served during the period of June 4, 2007, until August 17, 2007. 2. Student: Teacher Ratios The minimum direct service staff to student ratio shall be 1:15 for general population students in kindergarten through high school and 1:10 for students in pre-kindergarten. Students with special needs may require lower staff to student ratios depending on the individual. These ratios allow for the development of close bonds between the youth and an adult. The PROVIDER shall ensure that the staff member (s) responsible for delivering the math and reading components are professional certified teachers with current, temporary, or past certification. The minimum instructional ratio for certified teachers in an instructional environment shall be one teacher to thirty students (1:30), with additional staff present to maintain the required direct service child to staff ratio outlined in the paragraph above. 3. Background Screening/Licensing All staff working in the program must comply with Level 2 background screening and fingerprinting requirements, in accordance with Florida Statutes Chapter 435 and Broward County background screening requirements, as applicable. The program must maintain staff personnel files which reflect that a screening result was received and reviewed to determine employment eligibility. See Florida Statutes Chapter 435 for additional Background Screening information. The program must use the Broward County Child Care Licensing and Enforcement's (CCLE) Background Screening Department to complete the screening process. As a result of the "Jessica Lunsford Act" (Florida Statue 1012.465) the background screening and fingerprinting requirements for School Board programs have changed. All related information is available online at the School Board of Broward County website http://www.leg.state.fl.us. Providers employing current School Board employees in possession of a valid School Board ID Badge and updated Level 2 Screening must complete a Verification Form. City of Dania Beach 21 - P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 Non-School Board employees are required to obtain a Level 2 Screening and a School Board ID badge before access to school campuses is granted. IV. Units of Service 1. The Unit of Service is defined as follows: • One full day of summer camp, minimum of 5 hours per child, per day. Attendance must be timed in and out by child in writing each day. 2. The maximum number of units to be provided under this contract is as follows: June 4, 2007, through August 17, 2007: 8034.7935 units (maximum of 54 days excluding July 4 holiday X 175 of children X 85%) of Full-Day Camp services (invoice type #9200GP Full Day) at $19.86 not to exceed $ 159,571.00. Total for all services combined not to exceed: $159,571.00. Note that extended decimal places are necessary to account for partial units and ensure accuracy of dollar calculations. Note This is one-time funding without the option of renewal. V. Method of Payment 1. Start-Up Costs: Start-up costs (unit # 8090 Start Up) shall be on a cost reimbursement basis. The COUNCIL will pay the PROVIDER for allowable costs incurred in accordance with the approved start-up budget and budget narrative, hereby incorporated by reference. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. The maximum amount of start-up funds to be paid for under this contract shall not exceed: $17,549.00. 2. Unit Costs: Client services provided under this contract will be paid as Units of service at the rates and maximum amounts as defined above in Section IV. 2. The maximum amount to be paid under this contract for units of services shall not exceed $159,571.00. 3. Value Added Expenditures: Value added (unit # 8020 Value Added) expenditures shall be on a cost reimbursement basis. The COUNCIL will pay the PROVIDER for allowable value added expenditures in accordance with the approved value added budget and value added budget narrative, hereby incorporated by reference. Only value added expenditures incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. Allowable expenditures include activities and experiences such as cultural arts and enrichment activities, field trip expenses (i.e. college tour, recreational field trip, and cultural arts field trip). The maximum amount of Value Added expenditures to be paid shall not exceed: $18,250.00. City of Dania Beach 22 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 4. School Costs: All costs and fees related to the use of School Board of Broward County public school sites shall be paid through an alternative cost reimbursement mechanism outside the scope of this contract. Allowable school space expenditures include the cost of square footage usage and janitorial, maintenance and utility costs. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. 5. All payments shall be requested by the PROVIDER in the format prescribed by the COUNCIL. COUNCIL payment will be on a bi-weekly or monthly basis, derived from PROVIDER invoices reflecting services delivered in accordance with the contract. Agencies will not be paid for clients who do not attend sessions. Payment is contingent upon submittal of complete and accurate data in accordance with COUNCIL requirements for the reporting of client and service data information. No invoices will be processed for payment if required backup documentation has not been provided in a complete and accurate manner. The PROVIDER is required to pursue third party, Medicaid, and client payments (where applicable), and to establish a sliding fee scale for services. If the contract is with 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. These funds shall not be used to supplant any other sources of funding including Medicaid, private insurance, and/or client fees. 6. Match: The PROVIDER agrees to match the dollar amount awarded by the COUNCIL to the PROVIDER in an amount equal to a minimum of 8% of the total approved contract amount or the higher amount so specified in the Proposal. The match may be provided in the form of cash or in-kind contributions, in accordance with the approved budget, hereby incorporated by reference. In-kind contributions may only include a portion of staff salaries, volunteers, equipment, space and other in-kind contributions as agreed to in writing by the Contract Administrator. The PROVIDER shall provide proof of the match on or before the due date of the invoice(s). To the extent that the PROVIDER fails to provide such proof, then that amount shall be deducted from any amounts due and owing by the COUNCIL to the PROVIDER under this contract or any other contracts between the parties. The total amount of Match to be applied to this contract shall be a minimum of $22,480.00 in accordance with the approved line item budget, hereby incorporated by reference. 7. Sliding Scale Fee: The program shall maintain a sliding scale fee as identified in the proposal, herein incorporated by reference. 8. Statistical Demographic Report: The PROVIDER agrees to maintain complete and accurate data and support data quality assurance mechanisms. Failure to implement these measures may impact future funding. Remainder of page intentionally left blank. City of Dania Beach 23 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 VI. Performance Measures MANDATORY OUTCOMES FOR CHILDREN IN THE GENERAL POPULATION PROVIDER shall adhere to the following five (5) required performance-based outcome measures: Ell it S Indic r1w" jy�o!JEVahja ni S Structured activities in a 100% of children -Staff trained in Outcome to be measured the last week of safe environment will remain safe emergency the program by reviewing Injury/Incident supervised by caring and not response. Reports. adults. experience a -Practice safety serious injury skills (requiring -No emergency emergency room room visits attention), abuse -No or arrest report abuse/neglect while in care, reports during the -No police reports contract period. One (1) hour of -Children—will Percentage of Children in the General Population ages interactive daily reading improve basic children will and older shall be assessed using the activity that includes at reading skills. improve basic "Word Recognition Outcome" tool provided least one technique reading skills. by the Council. Pre-test shall be from each group: administered during the first week of the Council Goal: Change in word program and post-testing shall begin two Group A 75% recognition. weeks prior to the end of the program. • Reac aloud• Reac with buddies Verification of on- **All children ages 0-5 shall be assessed Group B site reading using the "Read ing/Literacy Skills" (2 and • Create plays/skits materials that are under) or "Emergent Literacy Skills" (3 and • Keep journals engaging and older) assessment provided by the • Write stories age appropriate. Council. - -er TO minutes of daily —Children will Percentage of Children in the General Population ages 6 math enrichment using improve basic children will and older shall be assessed using the the "Moving with Math" math skills. improve basic "Moving with Math" grade level test as a curriculum, math skills. measurement tool. Council Goal: Pre-test shall be administered during the 75% first week of the program and post-testing shall begin two weeks prior to the end of the program. This outcome measure is not applicable for children ages 0-5. City of Dania Beach 24 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 t F A yt 3 g ` :j k d4 ,x.f F r ;w .e fr R �EG1 l f<t e 1i�� �tpr }�fafu E a Y _ One (1) hour of daily Children will Percentage of Children in the General Population ages 6 recreation, sports and improve attitudes children will and older shall be assessed using the fitness activities using towards fitness improve attitudes "What I Think About Physical Fitness the SPARK or other activities. toward physical Activities" tool provided by the Council. well-defined curriculum fitness by Pre-test shall be administered during the engaging in daily first week of the program and post-testing physical fitness. shall begin two weeks prior to the end of the program. Council Goal: 75% '"All children ages 0-5 shall be assessed using the developmentally appropriate "Physical Fitness Assessment-Special Needs" tool provided by the Council. Children will participate Children will Percentage of Children in the General Population ages 6 in activities to improve improve nutrition children will and older shall be assessed using the nutrition knowledge knowledge. improve their "Nutrition Assessment" tool provided by based on the updated nutrition the Council. Pre-test shall be food pyramid for Council Goal: knowledge. administered during the first week of the children 75% program and post-testing shall begin two (www.mypyramid.org). Well-balanced weeks prior to the end of the program. meals and snacks that are "This outcome measure is not applicable provided daily are for children ages 0-5. incorporated into nutrition lessons. Remainder of page intentionally left blank. City of Dania Beach 25 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 MANDATORY OUTCOMES FOR CHILDREN WITH SPECIAL NEEDS PROVIDER shall adhere to the following five (5) required performance-based outcome measures: ^4MSS ..v*�:eri=�. 54�� 0o M.�u'µ'. a �.�Aar�`' ,ti. � .$ •ej.5�f c �i.., e. x^Y--„� �.... .. Y.l'"' Structured activities in a 100% of children will Practice safety Outcome to be measured the last safe environment not experience a skills week of the program by reviewing supervised by trained serious injury -No emergency Injury/Incident Reports. and caring adults. (requiring emergency room visits room attention), -No abuse/neglect abuse or arrest report reports while in care, during -No police reports the contract period. Children shall receive Children will benefit Percentage of Children with Special Needs ages 6 daily exposure to from exposure to children will and older shall be assessed using reading; either silent or reading and enhance maintain or the Adaptive Behavior Scale-School aloud by self or a language improve their Second Edition (ABS-S: 2) Part 1, caregiver each day to development and language Domain IV (Language Development. maintain or improve communication skills. development skills. Pre-test shall be administered during language development. the first week of the program and Council Goal: 75% post-testing shall begin two weeks prior to the end of the program. "All children ages 0-5 shall be assessed using the "Reading/Literacy Skills" (2 and under) or "Emergent Literacy Skills" (3 and older) assessment provided by the Council. Children will maintain or Children will maintain Percentage of Children with Special Needs ages 6 improve social and or improve social and children will and older shall be assessed using adaptive behavioral adaptive behavioral maintain or the Adaptive Behavior Scale-School functioning or daily living functioning or daily improve social and Second Edition (ABS-S: 2) Part 1, skills, e.g. toilet training living skills, e.g. toilet adaptive Domain I (Independent Functioning). skills, feeding skills, training skills, feeding behavioral Pre-test shall be administered during dressing skills, personal skills, dressing skills, functioning or daily the first week of the program and hygiene skills, decision personal hygiene living skills post-testing shall begin two weeks making skills, etc. skills, decision prior to the end of the program. making skills, etc. "'Children with Special Needs ages Council Goal: 75% 0-5 shall be assessed using the "Self Help Measurement" tool provided by the Council. City of Dania Beach 26 P.O.W.E.R. Program Summer Challenge 2007 Contract#:07-2825 L � uL 5e +fc siAECuvatie� �s, t3utaoirri t Indiu�tors% 'FAN bt Evaiurtion Children/youth„will Children will maintain Percentage of Children with Special Needs ages 6 participate in or improve physical children will and older shall be assessed using developmentally functioning maintain or the Adaptive Behavior Scale-School appropriate fitness improve gross Second Edition (ABS-S: 2) Part 1, activities one (1) hour and/or fine motor Domain II (Physical Development). per day using fun indoor skills. Pre-test shall be administered during and outdoor sport Council Goal: 75% the first week of the program and activities designed to post-testing shall begin two weeks improve their fine and prior to the end of the program. gross motor skills. • Specific fitness "All children ages 0-5 shall be activities may vary assessed using the "Physical depending on the Fitness Assessment-Special Needs" special health needs tool provided by the Council. of the children. Children will participate Children w ill maintain Percentage of Children with Special Needs ages 6 in activities to improve or improve nutrition children will and older shall be assessed using nutrition knowledge knowledge. maintain or the developmentally appropriate based on the updated improve their "Nutrition Assessment -Special food pyramid for nutrition Needs" tool to be provided by the children knowledge. Council. Pre-test shall be (www.mypyramid.org) Council Goal: 75% administered during the first week of Well balanced the program and post-testing shall meals and snacks begin two weeks prior to the end of that are provided the program. daily are incorporated into "This outcome measure is not nutrition lessons. applicable for children ages 0-5. PROVIDER shall ensure pre and post-testing is administered at the appropriate times using the approved tools, as described above. Failure to conduct pre and post-testing and/or provide subsequent outcome data reports may result in a moratorium on COUNCIL funding for a period of 12 months. PROVIDER shall report individual outcome measurement results in the SAMIS Measurable Objectives Module to the COUNCIL. As applicable, PROVIDER shall also report in narrative form any factors that effected outcome achievement or measurement during the quarter. Narrative reports shall include the total number of unduplicated children: • served by the program • terminated from the program • currently active in the program In addition, after the program has been monitored, the PROVIDER shall complete and return the Monitor Evaluation forms. City of Dania Beach 27 P.O.W.E.R. Program Summer Challenge 2007 Contract 4:07-2825 EXHIBIT B SAMPLE PROGRAM SCHEDULE -TiJeW 10Y Friday 7:30am — Breakfast/Free Breakfast/Fre Breakfast/Free Breakfast/Fr Breakfast/Fr 8:00am Choice* e Choice* Choice* ee Choice ee Choice Reading Reading Reading Reading P.A.R.T. Y. Dal Instruction with Instruction Instruction Instruction (Pick Teacher with Teacher with Teacher with Teacher Anything & Read to Yourself) 9--.00--10:00 Moving withMatt—Moving with —Moving with Moving with Magical Math Math Math Math 10:00-10:30 Computers/Tut Computers/Tu Computers/Tut ComputersIT Unity in the oring with toring with oring utoring with Community Teacher Teacher With Teacher Teacher Books 10:30-11:30 S.P.A.R.K. S.P.A.R.K. S.P.A.R.K. S.P.A.R.K. S.P.A.R.K. Physical Physical Physical Physical Physical Fitness Fitness Fitness Fitness Fitness Activities Activities Activities Activities 11:30am- Lunch Lunch Lunch Lunc—h Lunch 12:00pm 12:15 — Chill Zone Chill Zone Chill Zone Chill Zone Prepare for 1:00 trip 1:00-2:00 introduction to swim—central ---Unity In theSwim Central Field Weekly Cultural Community Trip/Cultural Theme Theme Arts Activity Service Learning Social—Skills — Field 2:00 —300 Cooking/ Junior Science Nutrition Achievement Activities Trip/Cultural Arts Activity 3:00 —4:00 Art Music Brain Games Drama Chill Zone —4--.-00-4-.15 —Snack —Snack —Snack Snack Snack 4:15-5:00 Dance Sports Club Sports Club Sports Club S orts Club 5:00-6:00 Free Choice/ Free Choice/ Free Choice/ Free Choice/ Free Choice/ F f- Departure Departure Departure Departure Departure Free Choice Activities include art, board games, puzzles, blocks, dramatic play & a variety of educational materials ➢ Reading Activities include Read Alouds,journal writing and P.A.R.T.Y. Fridays ➢ Physical Activities include sports, games, dance selected from the S.P.A.R.K. curriculum ➢ The Chill Zone = Quiet time activities, e.g., chat & relax, movies, music, puzzles, free choice, reading materials (magazines) .15-5,00 S orts Club 5.00 Free C hoice/ -6 00 Free C hoice De artu re De artu re Days of Field Trips, Special Activities and Swim Central may vary by site. City of Dania Beach 28 P.O.W.E.R. Program Summer Challenge 2007 Contract 4:07-2825