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HomeMy WebLinkAboutR-2007-228 Children Service MOST Grants (2) RESOLUTION NO. 2007-228 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RENEWAL OF AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME) GRANT PROGRAM; APPROVING ENTRY INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AGREEMENT, 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 EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS,the City Manager has determined that it is advantageous for the City of Dania Beach to apply for the contribution of funding through the M.O.S.T. (Maximizing Out-of-School Time) grant program offered by the Children's Services Council of Broward County; and WHEREAS, specific requirements of the agreement must be met and these services can be provided by After School Programs, Inc. for the Fiscal Year 2007-2008 (October 1 to June 30, 2008) after school recreational program, which will coincide with the Broward County School year, including early release days, and "no school" days; and WHEREAS, the grant will provide up to $109,593.00 of the total costs for the programs with a match from the City in the form of in-kind services in the amount of$29,192.00 and a cash match of$33,841.00 for a total City's Match of$63,033.00; and WHEREAS, the City Manager has recommended that the renewed contract with After School Programs, Inc. must be contingent on extension of the M.O.S.T. grant and provided for a term of one year, with the option to renew for a final 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 execution of the Children's Services Council of Broward County M.O.S.T. grant agreement in conjunction with the agreement with After School Programs, Inc. for after school program staffing, copies of which agreements are attached as Exhibits "A" and `B" respectively, to this Resolution. Section 2. That the proper City Officials are authorized to execute the M.O.S.T. 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 agreements the Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts and to appropriate the cash match from the Law Enforcement Trust Fund. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on November 13, 2007. /Z-17�s NTO MAYOR—C MISSIONER ATTEST: ja) LOUISE STILSON, CMC CITY CLERK APPROVED AST nFO� AND CORRECTNESS: BY: TH MA P A S R CITY A TORNEY 2 RESOLUTION 42007-228 CI YYIJJ.PI EN9 .. SERVICES COUNCIE aj Groll rlyd Cilrl;ll� CHILDREN'S SERVICES COUNCIL MEMBERS: October 22, 2007 Commissioner �-�^y Sue N.Gunzburger,Chair County Commissioner Ivan Pato (1['T 007 David L.Roach, Vice Chair City Manager Broward County Health Dept.Administrator City of Dania Beach UI3Y:_ Jack L.Moss,Secretary 100 W. Dania Beach Blvd. _ DCL District Administrator Dania Beach, FL 33004 Emilio Benitez Governor.Appointee Dear Mr. Pato: Martza Cobb Governor Appointee This letter serves to confirm that the Children Services Council has Stephanie Arma Kraft,Esq. executed the MOST 2005 renewal contract. A copy with original School Board Member signatures is enclosed for your reference. Your signature represents James F.Notter the Board of Directors for the City of Dania Beach, the organization School Superintendent that will be legally bound to all terms and conditions of the contract. Terry Santini Governor Appointee We look forward to working with you to improve the lives of Christopher L. Smith Broward's children and families. Governor Appointee Ana M. Valladares Sincerely, Governor Appointee Judge Howard.M.Zeidwig Judicial Member Karen Swartzbaugh, Chief Program Officer STAFF Cindy Arenberg Seltzer President/CEO Enclosure LEGAL COUNSEL John M.Milledge ' Garry Johnson /g/J/-t 6301 .ti'W5t^Way, Suite 3000 • F't. Lauderdale, Florida 33309• rnuia, 354-377-1000 • Fax 954-377-1683 uwu)uzcscbr0ward.or9 AGREEMENT Between Children's Services COUNCIL of Broward County and City of Dania Beach for M.O.S.T. /P.O.W.E.R. Program #05-2823 PROGRAM CONTRACT NUMBER This Agreement entered into this 1st day of October, 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 Municipality, 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 COUNCIL exercises its final renewal option for the period of October 1, 2007, through June 30, 2008. The Agreement may not be renewed for an additional term. The current Renewal Option period shall be referred to as the "Agreement Term II. SCOPE OF WORK 1. PROVIDER agrees to provide the services and meet the outcome measures set forth in Exhibit A, Scope of Work. 2. PROVIDER agrees to attend seminars and/or training sessions as requested by Contract Administrator. 3. PROVIDER agrees to comply with the Monitoring/Reporting Requirements specified in Section V of this Agreement. 4. Background Screening: the PROVIDER shall comply with the requirements for background screening as mandated in Section 435, Florida Statutes. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 1 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 $109,593.00 ("Contract Amount"). 2. PROVIDER agrees to provide a COUNCIL-required Match in the amount of $63,033.00 for the period of October 1, 2007, through June 30, 2008, in accordance with the Requirements specified in the Application for Funding, hereby incorporated by reference. 3. The COUNCIL agrees to pay for units of service or other deliverables actually provided, invoiced and documented as specified in Exhibit A, Scope of Work. An original invoice, in the format prescribed by the COUNCIL, is due on or before the tenth (101h) day of the month following the month in which services were rendered. COUNCIL agrees to reimburse PROVIDER on a monthly billing basis. In order to be deemed proper as defined by the Florida Prompt Payment Act, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the forms as prescribed by COUNCIL. Invoices and/or documentation returned to PROVIDER for corrections may be cause for delay in receipt of payment. Late submission may result in delay in receipt of payment. COUNCIL shall pay PROVIDER within thirty (30) calendar days of receipt of PROVIDER'S properly submitted invoice. 4. The PROVIDER shall submit the invoice for the end of the COUNCIL'S fiscal year, September 2008, for payment to the COUNCIL no more than fifteen (15) days after the last day of the month the contract is terminated. If the PROVIDER fails to do so, all rights to payment are forfeited and the COUNCIL will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the PROVIDER are received by the COUNCIL and any necessary adjustments thereto have been approved by the COUNCIL. 5. In the event this Agreement provides for more than one service or program, the Contract Administrator may shift funding between services and/or program(s) components, at any time, upon written notice to PROVIDER; however, Contract Administrator may not increase funding in excess of the Contract Amount and the total of these adjustments shall not exceed twenty percent (20%) of the total Contract Amount. 6. Submission of accurate, timely documentation and other requested information as required by COUNCIL shall be considered a factor in evaluating future funding Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 2 requests. Invoices and/or documentation returned to PROVIDER for corrections may not be considered as submitted and shall be cause for delay in receipt of reimbursement. 7. PROVIDER attests to COUNCIL that no other reimbursement is available or used for invoiced services unless expressly authorized by COUNCIL. This Agreement specifically excludes Medicaid covered services provided to Medicaid certified clients. PROVIDER shall bill and pursue collection of third party and client payments (where applicable) for services rendered under this Agreement. In the event COUNCIL pays PROVIDER for a service that later becomes eligible for Medicaid or other third party coverage, then PROVIDER agrees to deduct the amount paid by COUNCIL on its next invoice. In the event the PROVIDER has submitted a final invoice, PROVIDER shall reimburse COUNCIL in the amount received by Medicaid or other third party payer 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 payer. PROVIDER shall keep accurate and complete records of any fees collected, reimbursement, or compensation of any kind received from any client or other third party, for any service covered by this Agreement, and shall make all such records available to COUNCIL upon request. PROVIDER shall report such fees; reimbursement, compensation or funding to COUNCIL for such payments received which will be deducted from PROVIDER'S invoices. 8. No capital equipment shall be purchased under this Agreement. Capital equipment is defined by the Florida Statutes, Chapter 274, as items with a value greater than $750 which have a life expectancy of more than one year. 9. PROVIDER shall submit a W-9 IRS form providing the name, address and Federal I.D. Number of the official payee to whom payment shall be made. 10. It is PROVIDER'S responsibility to advise the Contract Administrator, in writing, of changes in name, address and/or telephone number. V. MONITORING, REQUIRED RECORDS AND REPORTS 1. MONITORING: PROVIDER agrees: a. To assign appropriate staff as necessary to attend meetings with COUNCIL staff to discuss issues and recommendations concerning quality of service; service delivery systems, coordination of services, consumer satisfaction, records maintenance, and funding maximization, etc. b. To provide full access at administrative and service delivery sites to COUNCIL during all announced and unannounced visits, for the purpose of examination of records and data covered by this Agreement as well as observation of service delivery, and consumer/PROVIDER staff interaction. COUNCIL and PROVIDER shall maintain the confidentiality Provider: City of Dania Beach M.O.S 7. 2005 Contract#: 05-2823 Renewal: FY 06/07 3 of Client services and records in full accordance with any federal or stale 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. J. That, if documentation is not readily available, then payments may be suspended until such time as PROVIDER has rescheduled another monitoring appointment to occur within thirty (30) days. e. To respond to any monitoring findings within the time frame specified therein, that back-up documentation to be used to support the billings and outcomes provided shall be approved in writing by Contract Administrator. f. That findings of monitoring reports, responsiveness to corrective action, and all the performance requirements of this Agreement and timeliness of requested information shall be considered factors in evaluating future funding requests. g. To provide COUNCIL access to records and client files developed relevant to this Agreement regarding assessment of Outcomes beyond the expiration of this Agreement, as applicable. h. Any monitoring reports and/or accreditation reports from other agencies or funding sources for similar services provided shall be submitted o 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. Provider: City of Dania Beach M O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 4 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 facilRate the administration of client satisfaction surveys, as directed by the COUNCIL. 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. Provider: City of Dania Beach 10.0.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 5 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. c. 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 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 andior the imposition of an administrative compliance order on the responsible entity. d. 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 th,s 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. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 6 2 This Agreement may be terminated by the PROVIDER without cause upon no less than forty-five (45) days notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. This Agreement may be terminated by the COUNCIL without cause upon no less than forty-five (45) days written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 4. In the event that funds needed to finance this Agreement become unavailable, the COUNCIL may terminate the contract upon no less that twenty-four (24) hours notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. The COUNCIL shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 5. In addition to the rights set forth in sub paragraphs 3 and 4 above, this Agreement may be terminated by the COUNCIL with cause upon no less than twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The COUNCIL at its discretion may waive any breach by the PROVIDER in writing, but such waiver shall not constitute a waiver of any further breaches, including breaches of the same type. 6. The above provision shall not limit the COUNCIL'S right to remedies at law or to damages. VII. AUDIT RIGHT AND RETENTION OF RECORDS COUNCIL shall have the right to audit the books, records, and accounts of PROVIDER that are related to the Scope of Services under this Agreement. PROVIDER shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Scope of Services under th's 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 Provider: City of Dania Beach M.O.S3. 2005 Contract#: 05-2823 Renewal. FY 06/07 7 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 insurance, employee benefits, travel, per diem policies and other similar administrative procedures applicaUe 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 Provider: City of Dania Beach M.O.S.3. 2005 Contract#: 05-2823 Renewal FV 06/07 8 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 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 Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 9 (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. The parties shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNCIL, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, the parties shall take affirmative steps to ensure nondiscrimination in employment of persons with disabilities. XIX. INDEMNIFICATION CLAUSE Any PROVIDER who is a state agency or subdivision, as defined in Chapter 768,28, Florida Statues, agrees to be fully responsible for its acts of negligence, or its agents' acts of negligence when acting within the scope of their employment or agency, and agrees to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by any PROVIDER to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any manner arising out of any contract or under this Agreement. XX. INTELLECTUAL PROPERTY RIGHTS The PROVIDER will indemnify and hold harmless, COUNCIL from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the contract, including its use by COUNCIL. If the PROVIDER(S) uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception Provider: City of Dania Beach M.O.S.T. 2005 Contract#. 05-2823 Renewal: FY 06/07 10 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, shall result in suspension of any monies due and owing for any outstanding invoice of the PROVIDER by the COUNCIL. PROVIDER shall submit two (2) copies of their current Certificate of Insurance to the Program Services Specialist when this Agreement is signed with renewals of same annually thereafter. 2. If PROVIDER'S insurance is provided by a municipality and at any time the municipality is unable or unwilling or otherwise ceases to provide insurance to COUNCIL for injury, damages, or liability which may arise out of the performance of this Agreement, PROVIDER shall be responsible for providing sufficient insurance in amounts and under terms required by COUNCIL. COUNCIL, in its sole discretion, shall determine what constitutes sufficient insurance. Documentation shall be submitted by PROVIDER to the Contract Administrator. XXII. AMENDMENTS: ASSIGNMENTS 1. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. However, the Contract Administrator for the COUNCIL may sign a modification, amendment or alteration to the terms and conditions of this Agreement where there is a change to Exhibit A, Scope of Services, to reduce the Contract Amount, or to change performance outcomes. 2. This contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the proposer without prior written consent of Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal FY 06/07 11 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. J. 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. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 12 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 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. 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. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 13 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 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 Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 14 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 34 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. 61h Street, 151h Floor Fort Lauderdale, Florida 33301 Telephone: (954) 761-8640 Fax Number: (954) 761-8979 John illedge, Esq. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 15 PROVIDER: COUNCIL: City of Dania Beach SIGNED SIGNED BY: ( ; BY: NAME: Ivan Pate NA E:Comm. Su ne Gu bur er TITLE: City Manager TITLE: Vice Chair DATE: DATE: tom/ L%i ZY� yvi Provider Federal Identification #: 59-6000302 X- ryia ry Attachment: Exhibits A, Scope of Work and Exhibit B, Program Schedule of {f Activities. Provide notary attestation for Provider's signature below: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing Agreement was acknowledged before me this day of P(�TiN P 2007 by 111dAt Pf-7- Z7 as C(TW' /J?9vACi;k� of � /eq Lge-)gCs1 (Name of Signatory) / —7 (Title) (Name of Entity) a UNI^� ! /AL bL %c � iYIFti on behalf of the corporation/entity, QShe is V, (Type of Entity) personally known to me or produced identification. Tyr of identification produced: pp Notary Public— State of Florida Print Name: ! 3Ly�iSt J%/L t)"J (Seal) My;`e\�jWiq fi&/n expires: Provder: City of Dania Beach M.O.S.T. 2005 Contract#. 05-2823 Renewal. FY 06/07 16 EXHIBIT A SCOPE OF WORK Agency Name: City of Dania Beach Program Name: Maximizing Out-of-School Time (M.O.S.T.) P.O.W.E.R. Program Contract #: 05-2823 I. Method of Service Delivery The Provider shall provide year-round after-school/non-school hours programming for school age youth which will: Provide a safe, positive environment for youth which shall enhance academic achievement, support social development and strengthen youth relationships with adults and peers within the context of their families, schools and communities, strengthen youth protective factors and reduce risk factors. As a Maximizing Out-Of-School Time (M.O.S.T.) Program for School Age Youth, ages 5 to 12, the program shall incorporate best practices and offer an array of academic, social, recreational and cultural activities geared specifically toward the interests and abilities of the target population. The Provider shall incorporate key features of successful, quality after-school care programs; such as; • Neighborhood-based care that is easily accessible for youth of all ages and their parents. • A safe haven which protects youth from negative peer pressures and victimization. • Engaging age-appropriate activities involving peers who provide for social recreation and cultural enrichment. • Caring, well-trained and consistent staff. • A minimum ratio of 1:15 for general population students in kindergarten through high school and a 1:10 ratio for students in pre-kindergarten. Students with special needs may require lower staff to student ratios depending on the individual. This allows for the development of close bonds between the youth and an adult. • Academic interventions which provide remediation and enrichment. • Homework assistance. • Career exploration and employability skills training for adolescents. • Life Skills/Social Competence training to promote positive youth development (conflict resolution, anger management, resisting negative peer pressure, anti- bullying, substance abuse prevention strategies, etc). • Community service components which provide youth with opportunities to take a positive role in his/her community. • Parent/Guardian involvement and engagement. • Mentoring opportunities. • Scholarships/Financial incentives to encourage long-term goals. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 17 Provider shall provide services that accomplish the following: 1. Youth will maintain/achieve improved school performance, homework completion, study habits, attendance and behavior. 2. Youth's peer relationships will be more positive and free of drugs, violence, gangs and delinquent associations, 3. Youth will be involved in pro-social activities that enhance their educational, social, recreational and life skills. 4. Youth will improve their health and physical fitness. 5. Youth protective factors will be increased. 6. Youth risk factors will be reduced. 7. Youth's attachment to community will be strengthened. A. Program Intent The main goal of P.O.W.E.R. (Positive Outlooks With Educational Rewards) After School Program is to provide Collins Elementary School students with the opportunity to enhance their educational, social skills, cultural understanding, and physical endurance in a safe and secure environment. This shall be done through a daily schedule that shall include reading, math, tutoring, homework help, social skills training, cultural enrichment, community service activities, physical endurance instruction, computer skills, cooking and preparing healthy snacks and meals, as well as mentoring with grandparents and a seniors group. The City of Dania Beach shall contract services with After School Programs, Inc., for staffing of the program. Certified teachers shall provide daily tutoring, homework assistance, remediation and/or academic enrichment activities. The teaching staff shall be supported by after school counselors. Physical fitness activities shall help children develop "healthy" life-long physical fitness and nutritional habits. Computer lab time shall provide youth with the opportunity to use educational software to enhance reading, math, and social skills. A weekly cooking class shall be offered to enable children to improve reading skills, their ability to work in groups (cooperation), knowledge about nutrition information, and pride in their accomplishments. A Junior Achievement business component shall be offered to children in each grade level on a weekly basis. The Junior Achievement program follows an economics and business curriculum that teaches children about the free enterprise system. This program shall further promote literacy and integrate other areas of the curriculum into the children's learning experience. B. Target Population Target populations for the M.O.S.T. Programs are youth who are NOT participating /enrolled in other out-of-school time year round programs, AND who are (1) children of low income families in the general population, and/or (2) children with special needs. Provider. City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Rerewal: FY 06/07 18 The program shall serve children of the following ages and populations: General Population Very Young Children Ages 3 to 5 Young Children Ages 6 to 10 Early Adolescents Ages 11 to 13 The Provider shall provide services to the following population(s): General Population Children These are children who participate in general education programs and do not require special assistance during the school year, but are considered at-risk due to economic disadvantage. Council-funded programs are intended to serve economically disadvantaged children and adolescents. Students attending public schools with free and reduced lunc7 percentages of 60% and higher are likely to be from low income households. These families are less likely to be in a position to afford quality after school programming and providers are less likely to be in a position to offer scholarships for these students. Programs serving children in the General Population must serve children attending these schools and/or residing in these target communities. The Provider shall extend the concept of "inclusion" by providing services to children with disabilities during the course of administering M.O.S.T. programs to the general population; to the extent that services can be provided in a safe environment, and incorporating as many of the critical factors for successful inclusion as possible, as delineated in the Request for Proposal. "Inclusion is defined as the process and practice of educating students with disabilities in the general education classrooms of their neighborhood school, with the supports and accommodations needed by that student." Remainder of page intentionally left blank. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 19 C. Service Delivery Core Services Program Services shall be provided to address the specific needs of clients. They shall include: v{'I?2Ytyl�lp^a t5 i Daily Academic Activities - Minimum of 60 minutes per day of 76 tutoring, homework assistance, remediation, and/or academic enrichment activities. Program staff shall be in contact with students' teachers to obtain information on homework, areas needing improvement and general information. Academic assistance and enrichment activities shall include literacy, writing, and computer technology. Homework logs shall be used to record youth's assigned homework and indicate need for additional assistance. If there is no assigned homework, children shall spend their time engaged in developmentally appropriate and enriching literacy-based activities that include silent reading, word building puzzle cards, phonics tiles, writing activities, and educational computer programs. Physical Fitness - Minimum of 30 minutes per day of structured 76 physical fitness activities which meets the recreational needs of the population. The fitness component shall be planned using the SPARK curriculum. Children shall be grouped according to their grade level and assigned a specific outdoor area. Field trips taken during the school year such as roller skating, ice skating, bowling, and the Sports Mall shall further promote physical skills. Social Skills Building — Social skills activities, which may 76 include activities to improve social / adaptive behavioral functioning and daily living skills, shall be planned using the Heartwood Curriculum for children in grades K-2, and the Start Something Program for children in grades 3-5, both literacy based curriculums that improve social skills and interactions with peers and adults, delivered one (1) time per week for a minimum of 30 minutes per activity. A recognition box shall be used to praise children for demonstrating positive social skills. All programs shall also have a "Kid of Character" from each grade level acknowledged weekly. Incentives such as Barnes and Noble gift cards shall be presented to children that achieve "Kid of Character". Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 20 #of ertiix�e fa'tne ;nc pOkriort = , `$ artictj7ants s " to be sewed F , J Cultural Arts Education- A minimum of seven (7) cultural arts 76 activities shall provide children with opportunities and experiences, such as, participation in drama or dance classes, painting, cultural music activities and story telling. Children shall participate in workshops that focus on creative art expression and hands-on science experiences, in addition to interactive shows that help reinforce and enhance social skills, literacy, music and multiculturalism. Field trips on non-school days shall include visits to the Seminole Native Village, Museum of Discovery, and Buehler Planetarium, among other trips. Community Service - Community service opportunities shall be 76 provided that will help the children feel a stronger sense of connection to their communities. Students shall participate in a minimum of three (3) projects per school year. The President's Volunteer Service Award program shall be used as an incentive for children. Children shall partake in the pride and ownership of C.W. Thomas Park through weekly park clean up, surveying the park to determine where a butterfly garden would best beautify the area, researching various plants and flowers for this garden, cultivating the soil, preparing for plantings, installing all plant materials, and weekly upkeep of the butterfly garden. Parental Involvement — A minimum of six (6) parental 76 involvement activities shall provide children and parents with opportunities to bridge the communication gap between the school and home. The Program shall hold open houses, ice cream socials, and barbecues, inviting parents/guardians to visit the P.O.W.E.R. After School Program. In addition, incentives (such as a gift certificate to Barnes & Noble) shall be given to the children whose parent(s)/guardian(s) attend the family events. Parents shall be encouraged to become involved in the community service projects. Provider: City of Dania Beach M.0.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 21 . S,ervt ,Name arad Des�lltipn. �` f P� r�te�lpan# f Nutrition — The children's nutritional needs shall be met with the 76 provision of breakfast, snack(s) and lunch which meet the USDA guidelines. The Program shall serve fresh, well-balanced snacks, such as fresh fruit, cereal bars, granola bars, crackers, dairy products, juice, and water. Developmentally appropriate nutritional materials shall be available to help children learn about the Food Pyramid and Food Groups. Each week, children shall be involved in preparing a healthy cooking project and creating a Kidz Cookbook. Each week a new recipe shall be added and taken home on a monthly basis. The Provider shall ensure that a certified teacher (current, temporary or past certification) is employed for every 30 children in the program. D. Service Locations: The Provider shall provide after-school/non-school hours program services at the following location(s): C.W. Thomas Park Recreation Center 800 N.W. 2nd Street Dania Beach, FL 33004 Provider shall provide the Council with a written statement from the site owner to the Provider authorizing use of the site for the program. Site changes are subject to Council approval. E. Dates/Days/Hours of Operation: The Provider shall operate the after school care program from 10/01/07 through 06/30/08, Monday through Friday, on all school days (inclusive of early release days, school holidays, and teacher planning days) in accordance with the School Board of Broward County's official school calendar. Daily hours of operation shall be from 2:00 p.m. through 6:00 p.m. On early release days, the hours of operation shall be extended to ensure that youth are served immediately upon their release from school. On school holidays and teacher planning days, the hours of operation shall be from 7:45 a.m. to 6:00 p.m. Schedule of Activities The Provider shall provide after-school/non-school hours program services according to the schedule of activities, as indicated in Exhibit B. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal FY 06/07 22 H. Staff Qualifications Staff positions, qualifications and duties shall be as follows: f l r as' e'"- + s � } � a J i ` 1 Parks and Master's Degree Minimum of 10 Oversee After School 20% Recreation years Programs, Inc. to ensure In-Kind Director experience in all aspects of grant (In-Kind) the filed of requirements are being Recreation. met. 1 Computer Bachelor's Degree Minimum of 2 Maintenance and 5% Technician years upgrades o`computers, In-Kind . (In-Kind) experience In printers, programming, the field of and the internet. Information Technology. 1 After School Master's Degree Minimum of 15 Organize, plan, and 10% Programs, Inc. years supervise the educational Administrator experience in and recreational 'he field of programs; site visitation Education. and staff meetings. 1 Area Coordinator Bachelor's Degree 3-5 years with Actively supervise the 20% or AA Degree with company and sites in assigned area to 60 college credits 3 years ensure all programs are with 6 credits in experience as operating using best education or a Site Director practices. Supervise and C.D.A. or a Site provide staff support. Director Credential with 40 Hours Child Care Training Management Training 5 After School H.S. diploma Previous child Responsible for direct 100% Programs, Inc. 40 hour child care care supervision of children Counselors training,ASP experience a and implementing all training, and CPR plus, program activities certified. 1 After School Bachelor's Degree, Minimum one Administration, record 10% Programs, Inc. 40 hour child care year keeping, coordination of Grants training,and ASP experience in data collection, and Administrator Management Grant organization of training Administration performance data and invoicing. 2 After School Bachelor's Degree 1 year or more Assist students with 100% Programs, Inc. and experience in tutoring, implement both Teachers Teacher's Teaching. reading and math Certification components of summer camp program. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal. FY 06/07 23 After School Bachelor's Degree, 3— 5 years Actively supervises the 20% Programs, Inc. or CDA, or AA with company site to ensure program is Area Coordinator Degree, or 60 (3 years operating using best college credits with experience as practices. 6 credits in early Site Director). childhood education; 40 hour child care training � Ill. General Operating Information A minimum O( 76 unduplicated children shall ho served during the period uf October 1' 2OO7, through June 30. 2008. All staff working in the program must comply with Level 2 background screening and fingerprinting requirements in accordance with Florida Statutes Chapter 435 and Booward County background screening requirements, as applicable. The program n000| maintain staff personnel files which reflect that a screening result was received and reviewed to determine employment eligibility. See Florida Statutes Chapter 4S5for additional Background Screening information. The program must register with the Florida Department of Law Enforcement (FDLE) to receive an )doohh/ing [}CA 0unobor, which will be used as an identifier when an onop}oy*o'S fingerprints are sent to FDLE for processing. Background screening can then be completed either through FDLEor another private screening vendor. The Provider shall make every effort k) maintain SAM|S data integrity. Maintenance of da(aintogri\ySh8|| ino|udoinhoroon\iUniotheCaooDa(aG8th8/e/ (CDG). FioC3| Mudu|o, and Measurable Objectives /M(}\ modules. Measurable Obectives (MO) Application: |n the SAK4|SM(} module, each participant uh8U be attached to the appropriate VI(} service component. Toot roovKn for each participant shall be entered through the M{} service component. Closing Cases: All u8uoS must boclosed in both the COG and in the K4(} components o( SA&1|S upon the conclusion of services, with the appropriate termination reason. If C0ohoct is terminating early, ori( a C0nhmo( is svnSoKing, any remaining active cases shall be r|used, with the effective date being the last date on which the contract is active. Reopening Cases: In the event that a child leaves the program and Cnnoes back at a later date, the Provider shall reopen the old case, Under no circumstances shall the child bo reopened asa new case. Provider: City o/Dania Beach MD lT. 2005 Cnot,oct#: 05'20Z2 R000v�a|: FYV6N7 24 IV. Units of Service A. The Units of Service are defined as follows: • After School Unit One (1) unit of MOST after school care service is defined as a minimum of two (2) hours and a maximum of six (6) hours per day of after school care on regular school days and on early release days. Sub-units may be billed in increments of 1 hour at ''/4 of the full unit rate. • Non-School Day Unit One (1) unit of MOST non-school day services Is defined as six (6) or more hours per day. Non-school units occur when school is closed for teacher planning days or school holidays, including Winter and Spring breaks. B. The maximum number of units to be provided under this contract is as follows: October 1, 2007 through June 30, 2008 9819.20 (76 students x 152 days x 85) Units of MOST After School services (invoice type ##9220 GP After School) at $8.00 not to exceed $78,553.60. 1157.2933 Units of MOST Non-School Day services (invoice type #9221 GP Non School Day) at $15.00 not to exceed $17,359.40. On a case by case basis with prior written Council approval, children with special needs who are served with lower staff to child ratios in an inclusive environment may be billed at a unit rate of 1 .5 units. Total for all units of service for FY 07/08 not to exceed: $95,913.00. Total for all units of service combined under this contract not to exceed: $95,913.00. 'Note that extended decimal places are necessary to account for partial units and ensure accuracy of dollar calculations. V. Method of Payment 1. Start-Up Costs: Start-up costs (unit # 8090 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. The funds must be expended during the last quarter of the 07108 contract term. Only costs incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible Provider. City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 25 for payment. The maximum amount of start-up funds to be paid for under this contract shall not exceed: 0 000.00. 2. Unit Costs: Client services provided under this contract will be paid as Units of service at the rates and maximum amounts as defined above in Section IV. 2. The maximum amount to be paid under this Scope of Work for units of services shall not exceed $95,913.00, detailed in the Section IV. Units of Service, Section B. 3. Value Added Special Activity Fund: Value Added expenditures (unit # 8020 Value Added) 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, hereoy incorporated by reference. Only Value Added expenditures incurred on or after the contract effective date and or prior to the termination date of the contract are eligible for payment. The maximum amount of Value Added expenditures to be paid for under this contract shall not exceed: $12,880.00. 4. Flex funds: Flex fund expenditures (unit #8010 Flex Funds) shall be on a cost reimbursement basis. The Council will pay the provider for allowable flex fund expenditures in accordance with the approved flex fund budget and flex fund budget narrative, hereby incorporated by reference. Only flex fund expenditures incurred on or after the contract effective date and on or prior to the termination date of the contract are eligible for payment. The amount of Flex funds approved under this contract shall not exceed $800.00. 5. Al payments shall be requested by the Provider on a monthly basis in the format prescribed by the Council. Approved payment will be derived from Provider invoices reflecting services delivered in accordance with the contract. Agencies will not be paid for clients who do not attend sessions. Payment is contingent upon submittal of complete and accurate data in accordance with Council requirements for the reporting of client and service data information. No invoices will be processed for payment if required backup documentation has not been provided in a complete and accurate manner. The Provider is required to pursue third party, Medicaid, and client payments (where applicable), and to establish a sliding fee scale for services. If the contract is with an agency which is subcontracting delivery of services to other providers, the lead agency will be responsible for compiling all data necessary to submit a consolidated monthly invoice, and required reports. These funds shall not be used to supplant any other sources of funding including, Medicaid, private insurance, and/or, client fees. 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 12.5'/o of the total approved contract amount or the higher amount so specified in the Proposa'. 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 Provider: City of Dania Beach M.O.S.T. 2005 Contract#. 05-2823 Renewal: FY 06i07 26 or before the due date of the invoice(s). To the extent that the Provider fails to provide such proof, then that amount shall be deducted from any amounts due and owing by the Council to the Provider under this contract or any other contracts between the parties. The total amount of Match to be applied to this Scope of Work shall be a minimum of $63,033.00 of the total reimbursed contract amount through June 30, 2008, in accordance with the approved lire item budget, hereby incorporated by reference. 7. Sliding Scale Fee: The program shall utilize a sliding scale fee as identified in the proposal, herein incorporated by reference. Remainder of page intentionally left blank. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal FY 06/07 27 VI. Performance Measures The provider shall adhere to the following four (4) required performance measures for 9 population o ulation and/or three (3) required performance measures for special needs, which address youth risk and protective factors: Mandatory Outcome Measures for General Population Services/ Outcomes Indicators Types of Evaluation Activities Children will Children wdl Percentage of School Attitudes shall be assessed improve their receive a minimum children using the "What I Think About Learring" att Ludes of one hour daily of attending the tool. Pre-test to be administered within towards Individualized program will two weeks of child starting program, learning- tutoring, homework improve their Mid-test to be administered at end of assistance, attitudes towards first semester, Post-test to be remediation, and/or learning. administered at end of second academic semester, enrichment activities. Children will Children will Percentage of Reading skills shall be assessed using maintain or participate In children the reading portion of the "WRAT-3." improve literacy activities to attending the Pre-test to be administered within two basic reading increase basic program will weeks of child starting program, Mid- skills. reading skills. improve basic test to be administered at end of first reading skills. semester, Post-test to be administered at end of second semester. 'For Special Needs children ages 0-3 & General Population children 0-5: outcomes to be measured using the "Reading/Literacy Skills" assessment tool to be provided by the Council. Children will Children will Percentage of Attitudes regarding Physical Fitness improve their participate in daily attending Activities shall be assed using the attitudes recreation, sports children will "What I Think About Physical Fitness toward and fitness improve their Activities' tool. Pre-test to be physical activities using the attitudes toward administered within two weeks of child fitness SPARK or other physical fitness starting program, Mid-test to be activities. well-defined by engaging in administered at end of first semester, curriculum to daily fitness. Post-test to be administered at end of improve their second semester strength, endurance, "'For Special Needs children ages 0-3 flexibility and team & General Population children 0-5: building. outcomes to be measured using the developmentally appropriate "Physical Fitness Assessment" tool to be provided by the Council. Provider: City of Dania Beach M.O.S.T 2005 Contract#: 05-2823 Renewal: FY 06/07 28 Services/ Outcomes Activities Indicators Types of Evaluation Children will Children will Percentage of Social Skills will be assessed using the improve their participate in children who "Social Skills Assessment' tool. Pre-test social skills interesting age- regularly attend to be administered within two weeks of and appropriate social will demonstrate child starting program, Mid-test to be interactions interaction, improved social administered at end of first semester, with their recreational skills and Post-test to be administered at end of peers and activity, modeling interactions with second semester adults and role playing peers and adults activities 'For General Population & Special interwoven Needs children ages 0-5 outcomes to throughout the be measured using the "Early program by caring Childhood Skills Streaming' tool to be adults. provided by the Council- Mandatory Outcome Measures for Special Needs Population Services/ Outcomes Activities Indicators Types of Evaluation Children will Children shad Percentage of Pre-test to be administered within two benefit from receive daily children will weeks of child starting program, Mid- exposure to exposure to maintain or test to be administered at end of first reading and reading; either Improve their semester, Post-test to be administered enhance silent or aloud by language at end of second semester using the language self or a caregiver development Adaptive Behavior Scale-School development each day to skills. Second Edition (ABS-S.2) Part 1, maintain or improve Domain IV (Language Development), to Ian( uage be provided by the Council. development. "For Special Needs children ages 0-3 & General Population children 0-5. outcomes to be measured using the "Communication" tool to be provided by the Council. Remainder of page intentionally left blank. Provider. City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal. FY 06/07 19 Services/ Outcomes Activities Indicators Types of Evaluation Children will Children will Percentage of Pre-test to be administered within two maintain or participate in daily, children served weeks of child starting program: Mid- Improve developmentally will maintain or test to be administered at end of first physical appropriate fitness improve gross semester, Post-test to be administered functioning activities one half and;or fine motor at end of second semester using the (1/2) hour per day skills. Adaptive Behavior Scale-School using fun Indoor Second Edition (ABS-S.2) Part 1. and outdoor sport Domain II (Physical Development), to activities des gned be provided by the Council to maintain o improve their fine '"For Special Needs children ages 0-3 and/or gross motor & General Population children 0-5: skills. outcomes to be measured using the Specific fitness "Physical Fitness Assessment" tool to activities may vary be provided by the Council. depending on the special health needs of the children. Children will Children will Percentage of Pre-lest to be administered within two maintain or participate In children served weeks of child starting program: Mid- improve activities to will maintain or test to be administered at end of first I social and maintain or Improve improve social semester, Post-test to be administered adaptive social and adaptive and adaptive at end of second semester using the behavioral behavioral behavioral Adaptive Behavior Scale-School functioning or functioning or daily functioning or Second Edition (ABS-S2) Part 1, daily living living skills. daily living skills. Domain 1 (Independent Functioning; to skills, e.g. be provided by the Council. toilet training skills, feeding `For children ages 0-5 outcomes to be skills, measured using the "Skills Streaming" dressing tool to be provided by the Council. sklls, personal hygiene skills, decision making skills, etc. • Activities can be modified to specifically address client ages, needs and other target population requirements. • Pre/Mid/Post test measurements must be a "score-based tool". Self report and observations are not acceptable measures. Provider shall ensure pre, mid, and post-testing is administered at the appropriate times using the approved tools, as described above. Failure to conduct pre, mid, and post- testing and/or provide subsequent outcome data reports may result in a moratorium on Council funding for a period of twelve (12) months. Provider: City of Dania Beach M.0.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 10 Provider shall report individual outcome measurement results in the SAMIS Measurable Objectives Module to the Council. Outcome information shall include the number of youths: • referred to the program • accepted by the program • currently active in the program • who have met the criterion for measurement for each outcome measure • who have achieved the outcome measure • who have failed to achieve the outcome measure As applicable, Provider shall also report in narrative form, the reasons for dropping-out and failures to achieve the outcomes, as well as, describing any factors that effected outcome achievement or measurement during the semester. In addition, after the program has been monitored, the Provider shall complete and return the Monitor Evaluation forms. Remainder of page intentionally left blank. Provider: City of Dania Beach M.O.S.T. 2005 Contract#: 05-2823 Renewal: FY 06/07 31 Exhibit B SAMPLE AFTERSCHOOL DAY SCHEDULE Monday Attendance'Snack/ *Academic Physical Activities Commumiy ' Outdoor Assistance Service Proieet Tuesday Attendance/Snack/ *Academic Social Skills Pree Outdoor Assistance Choice Club Wednesday Attendance/Snack/ *Academic Art/Cooking/Computer Free Outdoor Assistance Choice Club 'IChursday Attendance/Snack/ r* kscrademic Social Skills Free Outdoor stance Choice Club Friday Attendance/Snack/ *Academic Physical Activities Free Outdoor Assistance Choice Club ki , ' ptri , �nnirr 3 4 , a41? 03 Ott : , C?©p,`tt�` t x:4 a h s t'ry F ^, a �3 �p s` r >t� & aRIM: . , : . Monday Attendance/Snacks/Sports *Academic . Social Skills Community And Games Assistance t Service Project Tuesday Attendance/Snacks/Sports *Academic Physical Activities Free And Games Assistance Choice Club Wednesday Attendance/Snacks/Sports *Academic Social Skills Free And Gaines Assistance Choice Club Thursday Attendance/Snacks/Sports *Academic Physical Activities Free And Games .Assistance Choice Club Friday Attendance/Snacks/Sports *Academic Cooking/ANCornputer Free And Gaines Assistance Choice Club I I I Provider: City of Dania Beach Program M.O.SS Contract#: 05-2823 Renewal 07/08 32 2� �'2a(7 pm 00 pm 3.pO ptn t ' ?DQraa 5 Q0 pm 5 O4pYgx Yx Monday Attendance/Snacks/Sports *Academic Social Skills Community And Games j Assistance Service Pro ect Tuesday Attendance/Snacks/Sports *Academic Physical Activities Free And Games Assistance Choice Club Wednesday Attendance/Snacks/Sports *Academic Cooking/Art/Computer Free And Games Assistance Choice I Club Thursday Attendance/Snacks/Sports *Academic Social Skills Free And Gaines Assistance Choice Club Friday Attendance/Snacks/Sports *Academic Physical Activities Free And Games Assistance Choice Club 3 ( a 31z prs 3(}01? ®d P S r" cic�pm (O pm S 5E n Monday Attendance/Snack' *Academic Art/Cooking/Computer Community Service Sports and Games Assistance Project Tuesday Attendance/Snack/ *Academic Social Skills Free Choice Club Sports and Games Assistance Wednesday Attendance/Snack/ *Academic Physical Activities Free Choice Club Sports and Games Assistance Thursday Attendance/Snael/ *Academic Social Skills Free Choice Club Sports and Games Assistance Friday Attendance/Snack/ *Academic I Physical Activities Free Choice Club Sports and Games Assistance O11zflpfr �}�0`pmk � gz �R � pa � 4 ea' x 'fis i 5i 4 t ,m s .�4.�F�, Monday Attendance/Snacks/ *Academic Physical Activities Community Service Sports And Gaines Assistance Project Tuesday Attendance/Snacks/ *Academic Social Skills Free Choice Club Sports And Games Assistance Wednesday Attendance/Snacks/ *Academic Cooking/Art/Computer Free Choice Club Sports .And Games Assistance Thursday Attendance/Snacks/ *Academic Social Skills Free Choice Club Sports And Games Assistance Friday Attendance/Snacks/ *Academic Physical Activities Free Choice Club Sports And Gaines Assistance Providers City of Dania Beach Program M.O.S.T Contract#: 05-2823 Renewal 07/08 33 t,00pxa pt S'bOprti 6QQpm `4�0`. in Monday Attendance./Snacks.' I *Academic Social Skills Community Service Sports And Games Assistance Pro ect Tuesday Attendance/Snacks/ *Academic Physical Activities Free Choice Club Sports And Games Assistance Wednesday Attendance,'Snacks' *Academic Social Skills Free Choice Club Sports And Games Assistance Thursday Attendance/Snacks/ *Academic Physical Activities Free Choice Club Sports And Gaines Assistance Friday Attendance'Snacks/ *Academic Cooking/Art,Computer Free Choice Club Sports And Games I Assistance Sample Non School Day Schedule 7:30 A.M. - 9:00 P.M. - Arrival/Free Choice Centers (Board Games (including literacy, math), art, reading) 9:00 A.M. - 10:00 A.M. - P.A.R.T.Y. (Pick Anything & Read To Yourself) 10:00 - 12:00 P.M. - Departure from School- either Full Day Field Trip (e.g. Miami Seaquarium, Parrot Jungle, Skating, Museum of Discovery,IMAX Or Park - Sports/Games (Kickball, Basketball, etc.) & Lunch 1:00 - 4:00 P.M. 1/2 Day Field Trip (Planetarium, Native Village) 4:00 P.M. - 4:30 P.M. SNACK 4:30 - 5:00 P.M. SPARK 5:00 p.m. - 6:00 p.m. Departure & Brain Games (Trivia, Logic, Puzzles, SCRABBLE etc) Provider: City of Dania Beach Program M.O.S.T Contract#: 05-2823 Renewal 07/08 34 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. 2007 Program and Contract #05-2823. 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 2007-2008 which commences on October 1, 2007 and ends on June 6, 2008. 1.2 ASP shall perform its duties for one hundred fifty-two school (152) days and twenty-four(24) non-school days. 1.3 ASP will provide transportation and will pay for activity fees for the twenty-four (24) non-school days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (15C) and fifteen (15`h) days of each month for the preceding school and non-school days at the rate of $739.97 for every school day and $890.99 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 after the twenty-one (21) day grace period. If payment is not received within thirty (30) days of its due day, the CITY shall be in default and ASP may terminate the contract. 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 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. 1520 S. Powerline Road Deerfield Beach, FL 33442 Telephone: 954-596-9000 Fax: 954-596-9880 To CITY: Ivan Pato City Manager er 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 provision of this CONTRACT shall not affect such party's right thereafter to enforce the same; (ii) no waiver by either party of any default by the other shall be taken or held to be a waiver by such party of any other preceding or subsequent default; and (iii) no extension of time granted by either party for the performance of any obligation or act by the other party shall be deemed to be an extension of time for the performance of any other obligation or act hereunder. 5.7 Number and Gender. Whenever the context so requires, words used in the singular shall be construed to mean or include the plural and vice-versa, and pronouns of any gender shall be construed to mean or include any other gender or genders. 5.8 Headings and Cross-references. The headings of this CONTRACT are included for convenience of reference only, and shall in no way limit or affect the meaning or interpretation of the specific provisions hereof. All cross-references to paragraphs herein shall mean the paragraphs of this CONTRACT unless otherwise stated or clearly required by the context. Words such as "herein" and "hereof' shall be deemed to refer to this CONTRACT as a whole and not to any particular provision of this CONTRACT unless otherwise stated or clearly required by the context. 5.9 Counsel. Each party has been represented by its own counsel in connection with the negotiation and preparation of this CONTRACT and, consequently, each party hereby waives the application of any rule or law that would otherwise be applicable in connection with the interpretation of this CONTRACT, including, but not limited to, any rule of law to the effect that any provision of this CONTRACT shall be interpreted or construed against the party whose counsel drafted that provision. 5.10 Choice of Laws: Venue. This CONTRACT is to be construed and governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. 5.11 Successors. This CONTRACT shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. 5.12 Counterparts. This CONTRACT may be signed in counterparts with the same affect as if the signature on each counterpart were on the same instrument. Each of the counterparts, when signed, shall be deemed to be an original, and all of the signed counterparts together shall be deemed to be one and the same instrument. A legible facsimile copy of this CONTRACT and any signatures hereon shall be considered as originals. 5.12 Effective Date. This CONTRACT shall become effective only after execution hereof(or counterparts hereof) by both parties. The effective date shall be the date signed last by either of the parties. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized officers on the date set forth below their signatures. AFTER SCHOOL PROGRAMS, INC.: CITY OF DANIA BEA BY: By- Alan W,�oolnek, President Iv lto, City Manager Date: 1��U&l —7 , 2007 Date: 2007 V t � C:'DMeJube.mAmjrleiaJrcrSchm!Prngram.mCOMRAPT FOR SER1ICESda8 03