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AGREEMENT FOR COMMUNITY OUT OF SCHOOL TIME - COSTAGREEMENT Between THE JUVENILE WELFARE BOARD and City of Clearwater (AGN274) Community Out of School Time (COST) 1. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater (AGN274), hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2014 and extending tlrough September 30, 244 2015. This Agreement does not take effect and JWB has no responsibility for any of its obligations hereunder until this Agreement is fully and completely executed by all parties to this Agreement. IL STAFF Provider agrees to employ staff, at its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB, and are subject to the supervision, personnel practices and policies of the Provider. Unless otherwise approved by JWB, all staff shall meet qualifications as stated in the approved job descriptions on file at JWB and any approved revisions which are submitted for FY 14-15 funding. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish performance measures stated in Attachment 2, as determined by JWB, in service areas stated in Attachment 3, and pursuant to the General Conditions listed in Attachment 1, and any special conditions as stated in Section I, subsection VIII of this Agreement. W. FUNDS The program budget for both JWB and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. JWB agrees to reimburse up to $402,442 for Community Out of School Time (COST) for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 5 (or on the preceding working day in case of a holiday). The Provider shall select to submit a request for payment either every other week or once a month. Reimbursement Requests shall be submitted timely and only for amounts that should properly be reimbursed per this Agreement within reasonably needed amounts based on the Agency: City of Clearwater (AGN274) 09/16/2014 08:2649 AM Page 1 of 30 budget and other funding sources. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. VI. TERMINATION 1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It is the further intent of JWB to terminate Agreements in those situations where such action is essential to protection of its interests and the interests of children, as determined solely by JWB. 2. In the event funds to finance this Agreement become unavailable, JWB may terminate the Agreement upon no less than 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. 3. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide thirty (30) days' notice for termination for lack of funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI. 2 above, this Agreement may be terminated by JWB for any reason whatsoever upon twenty -four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 5. Provider will only be compensated for services performed prior to the termination date. Provider may only terminate this Agreement upon thirty (30) days written notice to JWB delivered in person, by facsimile or by US mail, return receipt requested. 6. The above provisions shall not limit JWB's right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment for services rendered under this Agreement shall not commence prior to the effective date of this Agreement. VIII. SPECIAL CONDITIONS The following condition(s) applies to the following program(s): - -- Community Out of School Time (COST) PROGSC122- Provider approved COST program shall adhere to JWB quality standards for Out of School Time programming, develop community partnerships and work with JWB in the planning and implementation of a quality model for COST program(s). PROGSC123- Provider approved COST program site shall cooperate with the JWB regarding policies and procedures related to the delivery of enrichment overlays and incorporate JWB funded enrichment overlays with the JWB approved quality COST Model Program Components. PROGSC124- Provider approved COST program site will complete the Florida Afterschool Network Quality Self- Assessment & Improvement Guide at the beginning of the JWB Fiscal Year and subsequent Program Improvement Guide as applicable. PROGSC125 -JWB may report performance information such as, but not limited to: FCAT scores/DSS, GPA, or school disciplinary information. This data is reported as dashboard, baseline, or pilot information intended to gain a better understanding of the program's impact on specific community indicators. Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 2 of 30 The following condition(s) applies to the following Agency(AGN274): - -- City of Clearwater PROVSC10- General Condition #2E - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. PROVSC12- General Condition #3 - Audit and Management Letter are waived. PROVSC14- General Condition #8 - Publicizing of JWB Support- Endorsements is waived. PROVSC15- General Condition #11 - Confidential Information- The last sentence of paragraph 4 is replaced with the following: "Provider shall defend, indemnify, and hold harmless JWB from any and all damages caused by the improper disclosure of any information including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28." PROVSC25- General Condition #24 - Indemnification is replaced with "The Provider agrees to be fully responsible for all claims arising out of its own acts of negligence or its respective employees' acts of negligence when acting within the scope of their employment and agrees to be liable for any damages proximately caused thereby; provided, however, that the Provider's liability is subject to the monetary limitations and defenses imposed by section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Provider, nor shall anything herein be construed as consent by the Provider to be sued by any third party for any cause or matter arising out of or related to this Agreement except to the extent provided by 768.28, F.S." PROVSC13- General Condition #6 - Board Members, Meetings, and Financial Review are waived. PROVSC133- General Condition #23 - All insurance requirements are waived. PROVSC11- General Condition #2F - Merit Plan is waived. Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 3 of 30 IX. SIGNATURES Executive Director: Juvenile Welfare Board of Pinellas County /Weir /9. avvi_b--"44/ 9 /i7�i� See attached city signature page Authorized Representative, Provider Please Print or Type Name Date Date Agency: City of Clearwater (AGN274) Page 4 of 30 09/16/2014 08:26:49 AM City Signature Page for Agreement between The Juvenile Welfare Board and City of Clearwater Community Out of School Time (COST) Countersigned: ---"Ct eo rte (\Cr tWes:11 George N. Cretekos Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: W.QP,.w,d -4G.4.5'---zr William B. Horne, II City Manager Rosemarie CaII City Clerk 4 Attachment 1 General Conditions of the Agreement 1. Agreement Revisions This Agreement, and its attachments constitute the contractual relationship between the Provider and JWB. If there is any discrepancy between program- related documents, this agreement preempts all other documents. No amendments to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2. Fiscal Responsibility a. Provider agrees to maintain books, records and documents in accordance with generally accepted accounting principles and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4. b. Provider agrees that all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. c. Provider agrees to maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. d. Provider agrees to retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. e. Payments during Disaster Recovery: JWB agrees to support previously approved funded programs that are unable to provide normal services for a period of at least sixty (60) days after a disaster has been declared, provided the program agrees to comply with requests of JWB and the Human Services Disaster Recovery Leadership Network. This period may be extended at the discretion of the Board upon recommendation of the Executive Director. Provider must file an insurance and FEMA claim and will reimburse JWB for any amounts received from FEMA and insurance. The Provider must submit to JWB a copy of the Provider's Continuity of Operations Plan (see Attachment 6 for an outline of all document submittals) within thirty (30) days of the effective date of this Agreement. f. The Provider agrees to provide prior to their budget submission or subsequent amendment, Board meeting minutes that show explanation and approval of a compensation plan, if JWB funds are to be utilized to pay merit increases, cost of living adjustments bonuses, incentives or retention payments of any kind, or if annualized salary or benefit changes may impact future budgets. JWB will not reimburse more than two weeks of accrued leave for terminating employees. JWB will not reimburse expenses not previously approved by JWB. 3. Audit and Management Letter The Provider agrees to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s) immediately upon receipt by the Provider's board, but within a period not to exceed one hundred and fifty (150) days of the close of the Provider's fiscal year. The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally accepted auditing standards and standards established by the American Institute of Certified Public Accountants. Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 5 of 30 The Provider's auditor shall not provide any non -audit service to an issuer contemporaneously with the audit, including: (1) bookkeeping or other services related to the accounting records or financial statements of the audit client; (2) financial information systems design and implementation; (3) appraisal or valuation services, fairness opinions, or contribution -in -kind reports; (4) actuarial services; (5) internal audit outsourcing services; (6) management functions or human resources; (7) broker or dealer, investment adviser, or investment banking services; (8) legal services and expert services unrelated to the audit. The audit will separately identify JWB revenues, fees and donations, and expenditures by program. The Provider is required to engage an audit firm which follows Government Audit Standards when conducting the financial audit and which shows evidence of a peer review report completed every three years. 4. Other Financial Support a. Provider will report within ninety (90) calendar days any major changes in non -JWB revenue which would impact contracted service levels in JWB funded programs during the fiscal year. b. JWB funds will not be used for expenditures also funded by other sources. JWB funds shall not be used to supplant other sources of revenue. c. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances, Provider is required to obtain prior written approval to submit an application with JWB committed funds. d. Revenues earned in a JWB funded program must remain in that program as a condition of funding. 5. Program Monitoring Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including JWB Databases, SharePoint and Provider specific data collection systems), and to cooperate in site visits and other on -site monitoring (including, but not limited to, access to sites, staff, fiscal and participant records, and logs and the provision of related information). Provider agrees to cooperate with Monitoring JWB Funded Program policy and procedures. Provider agrees to provide JWB representatives access, without presence of the Provider supervisor, to staff or program participants during any monitoring with or without advance notice. Programs charging a fee for services supported by JWB funding must forward a copy of the fee schedule to JWB. Lead agencies are responsible for monitoring subcontracts funded by JWB unless otherwise specified in a Special Condition of this Agreement. Governmental entities are exempt from fiscal and personnel file review. Program staff will adhere to JWB's Data Business Rules and Fiscal Guidelines for Funded Programs and all staff who have any responsibility (supervisory or direct) for data entry will be trained within thirty (30) calendar days of hire. The Provider is responsible for maintaining written policies and procedures for providing data to JWB in a timely manner. The Provider is responsible for reviewing JWB Database and JWB SharePoint User Access to ensure that all users are active employees with access to appropriate data systems and modules. The Provider will notify the support@mosaic - network.com for GEMS support and help @jwbpinellas.org for SharePoint support. Provider shall notify JWB within two (2) business days whenever a Provider staff person's access must be inactivated due to the reasons outlined in JWB's Data Business Rules. The Provider is responsible for implementing appropriate procedures into their data policies to protect data and prevent accidental or malicious disclosure of participant information. The Provider is responsible for maintaining fiscal workflow approval prior to creation of a program budget. Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 6 of 30 6. Board Members, Meetings, and Financial Review Within thirty (30) calendar days of approval or a change of Board composition, Provider will submit to JWB an updated list of Board Members. Submission of Provider policies and procedures regarding Board review of Provider finances will be required within thirty (30) calendar days of this Agreement and upon revision and approval by the Provider's Board. Board training by an external trainer is required prior to issuance of a funding contract or by August 1st of the current fiscal year, whichever occurs first. Training must consist of the following topics: non - profit governance, fiduciary risks, and liabilities. Documentation of this training shall include an outline of topics covered, the Board members in attendance and who provided the training. Providers who are governmental entities, higher education institutions, and hospitals are exempt from this policy. 7. Nondiscrimination Programs receiving funding from JWB shall not discriminate against an employee, volunteer, or participant of the Provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, age, veteran status, sexual orientation or any other legally protected category 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, and ethnic backgrounds. 8. Publicizing of JWB Support — Endorsements Requests for endorsements that require a commitment of JWB resources will be submitted to the JWB Board for its consideration. However, endorsements, which do not require JWB resources, may be given to those Providers which support the focus and priorities of the JWB Board, at the discretion of the JWB Executive Director. JWB's logo must be present on the following Provider materials as an acknowledgement of support: • Annual Report • Program Brochures • Stationery JWB's logo may not be used on any other publications requiring JWB resources without JWB Board approval. However, if a publication does not require a monetary commitment or indicate sponsorship, use of the JWB logo may be authorized at the sole discretion of the JWB Executive Director. 9. Publications Provider agrees to supply JWB, 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 JWB. Provider agrees that JWB will have unlimited use of copyrighted materials developed under this Agreement. 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 7 of 30 this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. 11. Confidential Information Provider must follow all laws regarding confidentiality of information including, but not limited to, HIPAA. Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, and shall adopt appropriate procedures for employees' handling of confidential data with the following exceptions: a) such information may be revealed as may be necessary to conform to Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this agreement; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. Provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information with JWB. Providers will adhere to JWB's written statement of purpose for collection of confidential data in compliance with Section 119.071(5), Florida Statutes. Provider must distribute a copy of this statement to recipients of JWB - funded programs and services and obtain the signature of the recipient or recipient's responsible parent or guardian. A copy of this signed statement must be maintained in case files for each participant for whom confidential data is collected. This statement does not require renewal. The Provider will also maintain in participant files a completed copy of a JWB- approved form for authorizing client consent to release information for each participant receiving services. As allowed by law and Provider policy, the Provider will add JWB to consent forms including HIPAA consent forms to facilitate data sharing and implement the Fiscal Responsibility and Program Monitoring requirements as stated in the General Conditions of this agreement and advise JWB within two (2) business days if a participant has withdrawn consent to share data and note this withdrawal of consent in the case file. In no event should participant identifying information ever be emailed or faxed to JWB. In the event of an improper disclosure of participant information by Provider, Provider will inform JWB of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. In accordance with JWB Breach Procedures, Provider will cooperate fully with JWB and take all necessary steps to correct and remedy any damage caused by the Provider's improper disclosure and to prevent future improper disclosure. Provider will defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure of any confidential information as defined by law including, but not limited to, Protected Health Information under HIPAA and any and all costs associated with remedying the disclosure. Likewise, in the event of an improper disclosure of Provider's participant information by JWB, JWB will inform Provider of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. In accordance with JWB Breach Procedures, JWB will cooperate fully with Provider and take all necessary steps to correct and remedy any damage caused by JWB's improper disclosure and to prevent future improper disclosure. JWB will defend, indemnify and hold harmless Provider from any and all damages caused by the improper disclosure and any and all costs associated with remedying the disclosure subject to the doctrine of sovereign immunity and limitations set forth in F.S. 768.28. 12. Return of Funds Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 8 of 30 terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Should Provider fail to return said funds, Provider will be responsible for all costs and fees of collection incurred by JWB, including, but not limited to attorney fees and court costs including any pre -suit collections fees and costs. 13. Special Situations and Incidents Provider agrees to inform JWB within one (1) business day of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. Incidents are required to be reported for situations that occur only while under the Provider's care and includes anything that may reflect negatively or critically upon JWB. Certain personnel are mandated by law to report their suspicions of child abuse, neglect, or abandonment to the Florida Abuse Hotline (1- 800 -96- ABUSE). All concerns regarding suspected abuse, neglect, or abandonment of a child or vulnerable adult by the Provider shall first be reported to the Florida Abuse Hotline and then reported to JWB. Incident reporting does not preclude mandated reporting requirements Critical Incidents are defined as follows: Abduction - An incident in which an individual who does not have care and custody of a child has taken the child. Concerns of child abductions shall immediately be reported to the appropriate law enforcement personnel. Abuse or Neglect - reasonable cause to suspect that a child has been harmed or is believed to be threatened with harm from a person responsible for the care of the child. Participant Death - The death of any participant receiving JWB services. Media Coverage or Public Inquiry - Media coverage or public reaction that may have an impact on the Provider or JWB's ability to protect and serve its participants, or other significant effect on the Provider or JWB. Participant Illness - An illness of a participant receiving services determined by a licensed health care professional to be life - threatening or the result of apparent abuse or neglect. Participant Injury - A medical condition of a participant determined by a licensed health care professional to be life - threatening or the result of apparent abuse or neglect. Employee Arrest - Employee conduct or activity that results in potential liability to the Provider or JWB; death or harm to a participant; or results in a law violation, including falsification of official records. If an arrest is made for a potentially disqualifying offense under Level 2 background screening requirements, or if the arrest occurred while in the performance of an employee's official duties, the incident should be reported immediately. Suicide Attempt - An act which clearly reflects the physical attempt by an active participant to cause his or her own death, which results in bodily injury requiring medical treatment by a licensed health care professional. Sexual Battery - An allegation of sexual battery involving a participant or employee as evidenced by medical evidence or law enforcement involvement. Sexual battery includes participant on participant incidents, employee on participant, and participant on employee. In addition, the Provider shall notify JWB immediately upon knowledge of any action or incident involving Provider staff or volunteers that could potentially jeopardize the terms of this Agreement which includes Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 9 of 30 misconduct, malfeasance during working hours, or any conduct that results in the arrest of a staff member or volunteer after hours. Within one (1) business day, the Provider must submit electronically a completed Incident Report to IRreviewteam @jwbpinellas.org with full details and disposition of the incident, excluding identifying information such as name, date of birth, and address. All e -mail communications made or received by JWB members or staff are considered public records and are retained and, upon request, made available to the public and media in accordance with Chapter 119, Florida Statutes. 14. Provider Staff Membership on Board Provider agrees that Provider staff shall not serve as members of the Provider's governing board. 15. Waiver JWB reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. Any waiver will be in writing and signed by JWB. 16. Provider & Program Data Maintained In 2 -1 -1 Database Provider agrees to maintain accurate and up -to -date Provider and program data in the 2 -1 -1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that JWB funds the program. This requirement applies to all programs accepting 2 -1 -1 referrals. 17. Funded Provider Staff Background Checks All program and Provider staff (including employees, independent contractors and staff of subcontractors), volunteers and those who may have access to youth participants supported through JWB funding are required to undergo and pass a national Level 2 background check that complies with the standards set forth in F.S. 435. Those individuals must have no disqualifying offenses listed in Florida Statute 435.04. for which they have not received an exemption in accordance with Florida law. All staff and volunteers must continue to qualify to pass a Level 2 screening at all times and must notify their employer if at any time they no longer qualify to pass a Level 2 screening. Proof of Level 2 background clearance, including current executed affidavits /attestations of good moral character, must be maintained at all times in the appropriate files and the screening repeated every five (5) years or more often in accordance with law or as requested by JWB. This requirement applies to employees regardless of the funder supporting the position and all volunteers who may have access to youth. A volunteer who assists on an intermittent basis for less than ten (10) hours per month does not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer within his or her line of sight. The Provider is required to clearly document which volunteers meet the criteria for a Level 2 background screening and affidavits of good moral character, and which are exempt according to the terms of this Agreement. The Provider's policy and practice for background screening must provide for adequate protection and must comply with all applicable laws and implementing regulations including, but not limited to F.S. 435. Should a Provider not be statutorily authorized to receive a national Level 2 background check in accordance with F.S. 435, the Provider must still comply with the standards set forth in F.S. 435 through VECHS background screening. The Florida Department of Children and Families provides an exemption process under this statute. JWB does not provide an exemption process. Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 10 of 30 18. Attendance All Programs are required to keep attendance records. If Attachment 2 requires a program to track participant attendance, attendance may be tracked in the JWB Database or other approved data system. 19. Link to JWB's Websites Providers with an Provider website will include links on their website to the JWB website (www.jwbpinellas.org) and include the JWB logo. 20. Drug -Free Workplace As applicable, the Provider will comply with the Drug -Free Workplace Act, Section 440.101, Florida Statutes. 21. Public Entity Crimes Per Section 287.133, Florida Statutes, a person or affiliate 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 a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with a public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. 22. JWB Policies and Procedures Provider agrees to follow all JWB policies and procedures which can be located on the JWB website at www.jwbpinellas.org / and which are incorporated into this Agreement in their entirety. Said policies include, but are not limited to, all Board policies, funding policies, Fiscal Guidelines for Funded Programs, JWB Breach Procedures, research policies, security policies, JWB Data Business Rules and policies that may be promulgated by JWB within its sole discretion from time to time. JWB reserves the right to change these policies from time to time within its sole discretion. JWB will provide a minimum of ten (10) business days' notice to the Provider and it is the responsibility of the Provider to be in compliance will all policies and procedures at all times. Provider is encouraged to provide certification of current accreditation by a recognized national accrediting body appropriate to the programming funded by JWB. Regardless of accreditation, the Provider must meet the highest professional standards established through its specific field. 23. Insurance, Public Liability, Bodily Injury, and Property Damage The Provider will procure, pay for, and maintain, throughout the period of this Agreement, on behalf of the Provider and JWB, the following MINIMUM limits of insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A -IX or higher with AM Best. Commercial General Liability Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 11 of 30 Each occurrence Personal Injury General Aggregate Property Damage Products & Completed Operations Fire Legal Liability Professional Liability $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $50,000 Each occurrence $1,000,000 Sexual Abuse and Molestation: Each occurrence $1,000,000 Automobile (to include owned, hired and non -owned autos): Bodily Injury and Property damage $500,000 Directors and Officers Liability $1,000000 with Employment Practices Liability Insurance: , Recommended, but not presently required coverage: CyberLiability $1,000,000 JWB must be listed as an additional insured for the operations of the Provider on all coverage except Directors and Officers Liability. The Provider will submit to JWB a certificate of insurance which describes the insurance maintained by the Provider. Provider will give JWB written notice within three (3) business days of it becoming aware that any of its insurance coverage will be cancelled, decreased or changed in any way. 24. Indemnification The Provider will defend, indemnify, and hold harmless the JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including court costs and attorney's fees that may hereafter at any time be made or brought by any person or entity on account of any claim including but not limited to, Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 12 of 30 personal injury, property damage, loss of monies, civil rights violation, or discrimination allegedly caused in whole or part by any act or omission, including but not limited to, breach of contract, negligent act, wrongful act, intentional act, omission, and any acts of fraud or defalcation, of the Provider, its agents, employees, or subcontractors, during performance under this Agreement. In no event will the Provider be liable for or have any obligation to defend JWB against such liability, claims, judgments, or actions, including costs and attorney's fees, arising out of the sole negligent acts of JWB. Agency: City of Clearwater (AGN274) Page 13 of 30 09/16/2014 08:26:49 AM Attachment 2 City of Clearwater (AGN274) Community Out of School Time (COST) (PROG478) Performance Measurements & Service Levels FY 2014 -2015 Participant Level Performance Measurements All Primary Participants will be measured through the Performance Measurement reporting module in GEMS within the contract period. Measured is defined as each participant having all the appropriate administration points required during the fiscal year based on the language of each Performance Measurement. Targets Information for PROG478 TargetDefinitionId Target(Measurable): Annual participation - child TRGT1211 ShortTargetTitle Annual participation - child TargetText Number of Participants who continue in the afterschool program for more than one year. (Baseline) TargetType Milestone Based Target ProjectedValue ProjectedStartDate 10/01/2014 ProjectedEndDate 09/30/2015 Notes Target(Measurable): Number of children receiving OST Survey TargetDefinitionId TRGT932 ShortTargetTitle Number of children receiving OST Survey TargetText Number of currently enrolled participants will be given the OST Survey during the administration windows (October 2014 and May 2015) and captured with JWB database milestone. (Baseline) TargetType Milestone Based Target ProjectedValue ProjectedStartDate 10/01/2014 ProjectedEndDate 09/30/2015 Notes TargetDefinitionId ShortTargetTitle TargetText Target(Measurable): OST Quality Matrix Level TRGTI 147 OST Quality Matrix Level Funded program sites will maintain a Quality Matrix Level 4, as documented in site visit reports. Agency: City of Clearwater (AGN274) Page 14 of 30 09/16/2014 08:26:49 AM TargetType Milestone Based Target ProjectedValue 4 ProjectedStartDate 10/01/2014 ProjectedEndDate 09/30/2015 Notes ProjectedValue TargetDefinitionId Target(ititeasurable): Percent of days attended TRGT945 ShortTargetTitle Percent of days attended TargetText The program will have 70% of the youth attend 70% of the program days tracked on a monthly basis as demonstrated by JWB database attendance report. (Baseline) TargetType Milestone Based Target ProjectedValue ProjectedStartDate 10/01/2014 ProjectedEndDate 09/30/2015 Notes Services Not Associated with Any Targets in Program's SOW Milestones Not Associated with Any Targets in Program's SOW R & R Definitions Information for PROC478 Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 15 of 30 Attachment 3 Geographical Service Area Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target participant group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Community Out of School Time (COST) Service Will be Provided Countywide Services will be provided Tess than countywide. Services will be provided in the following zip codes or the following geographical areas (list all zip codes of the target area or describe the geographical area) 33755,33756 Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 16 of 30 y � T Attachment 4: BUDGET(S) The provider will deliver services according to the budget(s) following this page. Revised budgets should be submitted by the provider in accordance with JWB policies and procedures. Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as delineated in the Fiscal Guidelines for Funded Programs found on the JWB website at www.jwbpinellas.org. For all amendments, the following guidelines apply: A. Funded programs shall make adjustments in accordance with forms and procedures as established by JWB staff. B. Equipment purchased will be considered the inventory of the Provider. Equipment purchased will be accounted for and controlled by the Provider. Inventory reports shall be made available to JWB upon request. JWB may physically inspect equipment at their discretion. Once equipment is fully depreciated it becomes the property of the Provider. JWB will accept the depreciation schedule of the Provider's auditor. C. Any adjustments made by funded agencies which are not in accordance with JWB policy shall be subject to reimbursement of JWB at the discretion of JWB. No adjustment may be made after the budget amendment closing date. Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 17 of 30 y Form 1 Community Out of School Time (COST) (PROG478) Current & Proposed Operating Budget Category Subcategory Salaries Salaries -Subtotal Salaries Prior Fiscal Year $0 Total Current Fiscal Year $168,272 Program Budget Difference from Prior Year ($) $168,272 Difference from Prior Year ( %) 100% Prior Fiscal fear $0 Current Fiscal Year $0 JW'B Budget Difference from Prior Year ($) Difference from Prior Year ( %) $0 -- $0 $168,272 $168,272 100% $0 $0 $0 -- Benefits - - - FICA $0 $6,155 $6,155 100% $0 $0 $0 -- Retirement $0 $26,006 $26,006 100% $0 $0 $0 -- Group Insurance $0 $25,211 $25,211 100% $0 $0 $0 -- Workers Comp $0 $0 $0 -- $0 $0 $0 -- Unemployment Comp -Subtotal Benefits $0 $0 $0 -- $0 $0 $0 "" $0 $57,372 $57,372 100% $0 $0 $0 -- Total Salary and Benefits $0 $225,644 $225,644 100% $0 $0 $0 -- Profession al Services -Audit/Accountin - Professional Services g $0 $81,100 $81,100 100% $0 $25,600 $25,600 100% $0 $0 $0 -- $0 $0 $0 -- Court/Legal Services $0 $0 $0 -- $0 $0 $0 -- - Other Services $0 $0 $0 -- $0 $0 $0 -- Investigations $0 $0 $0 -- $0 $0 $0 -- Subtotal Professional Services $0 $81,100 $81,100 100% $0 $25,600 $25,600 100% Rent Expense Rental & Leases $0 $0 $0 -- $0 $0 $0 -- -Subtotal Rent Expense $0 $0 $0 -- $0 $0 $0 -- Repairs /M aintenance Repairs & Maintenance $0 $0 $0 -- $0 $0 $0 -- Subtotal Repairs /Mainte nance $0 $0 $0 -- $0 $0 $0 -- Utilities - -Subtotal Communications $0 $0 $0 -- $0 $0 $0 -- Utilities Utilities $0 $0 $0 -- $0 $0 $0 -- $0 $0 $0 -- $0 $0 $0 -- Operating Expenses Freight and Postage $0 $0 $0 -- $0 $0 $0 -- Printing & Binding $0 $0 $0 -- $0 $0 $0 Advertising $0 $0 $0 -- $0 $0 $0 -- - Office Supplies $0 $2,200 $2,200 100% $0 $0 $0 -- Agency: City of Clearwater (AGN274) Page 18 of 30 09/16/2014 08:26:49 AM Category Subcategory' g 3 Operating Supplies Prior fiscal Year $0 Total Current Fiscal Year $49,472 Program Budget Difference from Prior Year (S) $49,472 Difference from Prior Year ( %) 100% Prior Fiscal Year $0 Current Fiscal Year JV B Budget Difference from Prior Year (y) Difference from Prior Year (' /o) $0 $0 Subtotal Operating Expenses $0 $51,672 $51,672 100% $0 $0 $0 -- Participan t Expenses Participant Transportation $0 $21,800 $21,800 100% $0 $0 $0 -' Participant Expense $0 $67,550 $67,550 100% $0 $0 $0 -" Participant Food & Nutrition $0 $56,450 $56,450 100% $0 $0 $0 "" Participant Books $0 $0 $0 -- $0 $0 $0 "" Participant Educ. Materials $0 $10,000 $10,000 100% $0 $0 $0 ' Subtotal Participant Expenses $0 $155,800 $155,800 100% $0 $0 $0 -- Education al Books, Subscriptions Dues & Memberships $0 $0 $0 -- $0 $0 $0 "" Training $0 $2,500 $2,500 100% $0 $0 SO -- Subtotal Educational $0 $2,500 $2,500 100% $0 $0 $0 -- Travel/Co nference Travel & Per Diem $0 $0 $0 -- $0 $0 $0 -- Conference $0 $0 $0 -- $0 $0 $0 -- Subtotal Travel /Confere nce $0 $0 $0 -- $0 $0 $0 -- Promotion al Promotional $0 $0 $0 -- SO $0 $0 -" Subtotal Promotional $0 $0 $0 -- $0 $0 $0 -- Administr ative Cost Administrative Cost $0 $27,572 $27,572 100% $0 $0 $0 - Subtotal Administrative Cost $0 $27,572 $27,572 100% $0 $0 $0 -- Depreciati on Depreciation Expense $0 $0 $0 -- $0 $0 $0 '" Subtotal Depreciation $0 $0 $0 -- $0 $0 $0 -- Insurance Insurance Expense $0 $0 $0 -- $0 $0 $0 Subtotal Insurance $0 $0 $0 -- $0 $0 $0 -- Miscellane ous Bank Service SO $0 $0 -- SO $0 SO -- Agency: City of Clearwater (AGN274) Page 19 of 30 09/16/2014 08:26:49 AM Category Subcategory - Other/Miscellan eons Prior Fiscal Year $0 Total Current Fiscal Year $0 Program Budget Difference from Prior Year (5) $0 Prior Difference from o Fiscal Priori Year ( /o) fear -- $0 Current Fiscal Year $0 lWB Budget Difference from Difference from „ Prior Year (S) Prior Year ( /u) $0 Subtotal Miscellaneous $0 $0 $0 — $0 $0 $0 -- Capital Machinery & Equipment- Capital $0 $0 $0 -- $0 $0 $0 -- -Subtotal Capital $0 $0 $0 -- $0 $0 $0 -- Unit of Costs Out of School Time (OST) $0 $0 $0 -- $0 $376,842 $376,842 100% Grand Total $0 $544,288 $544,288 100% $0 $402,442 $402,442 100% Agency: City of Clearwater (AGN274) Page 20 of 30 09/16/2014 08:26:49 AM Form 2 Community Out of School Time (COST) (PROG478) Salary and Fringe Preparation FY 2014 -2015 Position POS1709 - Rec Coordinator Staff PRSNL1924 - Kathy LaTerza FTE o s 0.1 Staff 0.1 Sala' PRG $6,971 ies JWB $0 FICA PRG $101 JWB $0 Retirement PRG $1,673 JWB $0 Group Insurance PRG $1,004 JWB $0 Workers PRG $0 Comp JWB $0 Unemployment PRG $0 Comp JWB $0 Total S & Benefits efits PRG $9,749 JWB $0 POS1725 - Recreation Leader PRSNL1938 Sawang Phommaleuth 1 1 $22916 $0 $332 $0 $5,500 $0 $7,794 $0 $0 $0 $0 $0 $36,542 $0 POS1729 - Recreation Leader PRSNL1942 - Marcia Terry 0.6 0.6 $14,624 $0 $1,119 $0 $0 $0 $0 $0 $0 $0 $0 $0 $15,743 $0 POS1732 - Recreation Leader -lw PRSNL1943 vacant nglw 0.25 0.25 $6,142 $0 $470 $0 $0 $0 $0 $0 $0 $0 $0 $0 $6,612 $0 POS1731 - Recreation Leader -PPT PRSNL1947 - vacant ngppt 0.6 0.6 $14,624 $0 $1,119 $0 $0 $0 $0 $0 $0 $0 $0 $0 $15,743 $0 POS1730 - Recreation Leader -PPT PRSNL1945 - vacant rnppt 0.6 0.6 $14,624 $0 $1,119 $0 $0 $0 $0 $0 $0 $0 $0 $0 $15,743 $0 POS1734 - Recreation Leader -seas PRSNL1946 vacant rnseas 0.2 0.2 $4,950 $0 $379 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,329 $0 POS1733 - Recreation Leader -seas PRSNL1944 - vacant ngseas 0.2 0.2 $4,950 $0 $379 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,329 $0 POS1727 - Recreation Programmer PRSNL1940 -Freda Dixon 1 1 $31,130 $0 $451 $0 $7,471 $0 $7,819 $0 $0 $0 $0 $0 $46,871 $0 POS1726 - Recreation Specialist PRSNL1939 Kevin Whitlow 1 0.8 $31,252 $0 $453 $0 $7,501 $0 $6,244 $0 $0 $0 $0 $0 $45,450 $0 POS1728 - Recreation Supervisor PRSNL1941 - Karen Sowada 0.3 0.3 $16,089 $0 $233 $0 $3,861 $0 $2,350 $0 $0 $0 $0 $0 $22,533 $0 TOTAL $168,272 $0 $6,155 $0 $26,006 $0 $25,211 $0 $0 $0 $0 $0 $225,644 $0 Agency: City of Clearwater (AGN274) Page 21 of 30 09/16/2014 08:26:49 AM Form 3 Community Out of School Time (COST) (PROG478) Operational Narratives Category Subcategory Line Items Amount Narrative Professional Services Professional Services Professiona 1 services $81,10 0 Enrichment Overlay Services at $400 per number of assigned participant scholarships (64). $400 x 64 participants = $25,600 annually Summer Instructors Fitness /nutrition $5000 x 2 centers Youth development $5,000 x 2 centers STEM $5,000 x 2 centers Speakers $3,000 Afterschool Leagues: $35/hr x 4 hrs x 2 centers x 5 wk/session x 7 sessions (6wk ea) = $9,800 Fitness $25/hr x 42 wks x 2 centers x 2 hr /wk = $4,200 Journaling/spoken word $5,000 Step /dance $5,000 STEM $5,000 x 2 centers Skateboard lessons $25/hr x 42 wks x 2 hr /wk = $2,100 Gender specific $5,000 Tennis lessons $2,000 Golf lessons $2,000 Misc speakers $3,000 Operating Expenses Office Supplies office supplies $2,200 150 Notebooks / dividers 500 Pencils /Pens /Paper /3x5 cards and holders 700 20 x $50 Color Printer Cartridges 1,000 Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 22 of 30 Category Subcategory Line Items Amount Narrative Operating operating Supplies supplies $49,47 T -shirts 2 board games 6 card tables x $250 Sports equipment Awards Movies 40 x $20 Swim gear photo paper, supplies tablets and storage cabinet Fitness equipment Sports equipment Games -video Uniforms Storage cabinets Game consoles Furniture - sofas, chairs, desks Book bags /school /homework supplies 5,000 3,000 1,000 1,500 3,172 2,500 800 2,000 1,500 5,000 5,000 6,000 5,000 3,000 5,000 2,000 10,000 Participant Expenses Participant Transportat ion Transportati on $21,80 0 Summer 35 buses x $350 ave each = $14,000 Afterschool van /bus rental 18 trips x $300 ea = $5,400 Holiday camp van /bus rental = $2400 Agency: City of Clearwater (AGN274) Page 23 of 30 09/16/2014 08:26:49 AM Agency: City of Clearwater (AGN274) Page 24 of 30 09/16/2014 08:26:49 AM Participant Expense Field trips $67,55 0 Busch Gardens $95 x 105 kids = $9,975 Celebration station$30 x 105 kids = $3,150 Skating $10 x 105 = $1050 Weeki Wachee /Buccaneer Bay $13 x $1,365 Movies $10 x 105 = $1,050 Game time $17 x 105 = $1,785 MOSI $8 x 105 = $840 Threshers $7 x 105 = $735 Adventure Island $80 x 105 = $8400 Paintball $30 x 105 = $3150 Bowling $12 x 105 = $1260 Afterschool -1 trips /mo x 9 mo x $15 ea x 70 kids /staff = $18,900 holiday and spring break camps movies x 3 x 70 kids x $10 = $2,100 paintball x 2 x 70 x $30 = $4,200 busch gardens $95 x 70 = $6,650 Bowling $12 x 70 = $840 Agency: City of Clearwater (AGN274) Page 24 of 30 09/16/2014 08:26:49 AM Y Category Subcategory Line Items Amount Narrative celebration station $30 x 70 = $2,100 Participant Food and $56,45 Food & Nutrition nutrition 0 hot dogs $1,000 pizza $2,000 Ice Cream Sundae makings $1,500 Chips / Potato Salad / Baked Beans $1,500 Chicken Wings $2,000 Drinks $5,000 Snacks $200 /wk x 10 wks = $2,000 Summer Parent banquet 150 kids + 2 guests ea x $15= $6,750 Lunches /snack when food program ends $10,000 Snacks $100 wk/site x 42 wks = $ 4200 Nutrition class supplies $50 /wk x 30 wks = $1,500 Holiday celebrations $5,000 Drinks - afterschool $4,000 Lunches for school out days/holidays $10,000 Participant Educational $10,00 Educational materials Educ. material 0 STEM materials $3,000 x 2 centers Materials Language arts supplies $2,000 x 2 centers Educational Training Staff trainng $2,500 Staff training 10 staff x $250 = $2,500 Administrat Administrat Faciltiy use $27,57 Based on square footage costs at facilities. ive Cost ive Cost 2 Unit of Out of FY 2014- $0 Scholarship allocations for FY 14 -15 Costs School Time 2015 22.56 daily per diem rate times 64 participant scholarships times up to 261 reimbursable days. (OST) Scholarship $22.56 x 64 participants x 261 days = $376,842 Allocation Total $318,6 Operating 44 Cost Agency: City of Clearwater (AGN274) Page 25 of 30 09/16/2014 08:26:49 AM s R ) Form 4 Community Out of School Time (COST) (PROG478) Other Program Funding Funder Type/Funder City Government (in Pinellas) Grand Total Other Program Funding Fiscal %ear Comparison FY 2013 -2014 Total $0 $0 FY 2014 -2015 Total $141,846 $141,846 % Increase/Decrease 100% 100% Total Budget Summary Total JWB Allocations $402,442 Total Other Funding $141,846 Total Program Funding: $544,288 Total Program Budget $544,288 Difference $0 Agency: City of Clearwater (AGN274) Page 26 of 30 09/16/2014 08:26:49 AM 1 Form 5 Community Out of School Time (COST) (PROG478) Other Program Funding Narrative Funding Amount: Other Funding Source: $141,846 City Government (in Pinellas) Narrative: City of Clearwater contribution to program. Parks and Recreation Dept budget is primarily from the General Fund which comes from Ad Velorem taxes. salary & benefits $114,274 facility use $27,572 Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 27 of 30 < 1 A END OF PROGRAM BUDGET FOR Community Out of School Time (COST) (PROG478) Agency: City of Clearwater (AGN274) 09/16/2014 08:26:49 AM Page 28 of 30 • Attachment 5 JWB Reimbursement Schedule Pay# Juvenile Welfare F1' 2014 Accounts Payable Submission Due Date Board -2015 Schedule Reimbursement Date 1 10 -03 -14 10 -10 -14 2 10 -17 -14 10 -24 -14 3 10 -31 -14 11 -07 -14 4 11 -14 -14 11 -21 -14 5 11 -28 -14 12 -05 -14 6 12 -12 -14 12 -19 -14 7 12 -26 -14 01 -02 -15 8 01 -09 -15 01 -16 -15 9 01 -23 -15 01 -30 -15 10 02 -06 -15 02 -13 -15 11 02 -20 -15 02 -27 -15 12 03 -06 -15 03 -13 -15 13 03 -20 -15 03 -27 -15 14 04 -03 -15 04 -10 -15 15 04 -17 -15 04 -24 -15 16 05 -01 -15 05 -08 -15 17 05 -15 -15 05 -22 -15 18 05 -29 -15 06 -05 -15 19 06 -12 -15 06 -19 -15 20 06 -26 -15 07 -03 -15 21 07 -10 -15 07 -17 -15 22 07 -24 -15 07 -31 -15 23 08 -07 -15 08 -14 -15 24 08 -21 -15 08 -28 -15 25 09 -04 -15 09 -11 -15 26 09 -18 -15 09 -25 -15 27 10 -02 -15 10 -09 -15 28 10 -16 -15 10 -23 -15 Agency: City of Clearwater (AGN274) Page 29 of 30 09/16/2014 08:26:49 AM Attachment 6 Document Submittal Chart Provider Document COOP Time Frame Within thirty (30) days of effective date of agreement Submit To Waived Most Recent Audit Immediately upon receipt by the Provider's Board or not to exceed 150 days of the close of the Provider's fiscal year Waived Board Member List Within thirty (30) calendar days of approval or a change of Board composition Waived Policy and procedure regarding Board review of Provider finances Within thirty (30) calendar days of effective date of agreement and upon revision and approval by the Provider's board Waived Board Approved Merit Compensation Plan (Board minutes showing approval) If applicable, then prior to budget submission or subsequent amendment Waived Board Training (Outline of topics, members in attendance and who provided training) Prior to issuance of subsequent year's contract or August 1st of current fiscal year, whichever occurs first Waived Incident Reports Within one (1) business day of occurrence IRreviewteam @jwbpinellas.org Liability Insurance Documentation Throughout the period of the agreement. Waived User Access Notify within two (2) business days when a staff person's access must be inactivated support @mosaic- network.com Agency: City of Clearwater (AGN274) Page 30 of 30 09/16/2014 08:26:49 AM