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CHARTING THE COURSE FOR YOUTH (5)AGREEMENT Between THE JUVENILE WELFARE BOARD and City of Clearwater (AGN274) Charting the Course for Youth I. 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, 2020 and extending through September 30, 2021. This Agreement does not take effect and JWB has no responsibility for any of its obligations hereunder until this Agreement is executed by all parties to this Agreement. II. STAFF Provider agrees to employ staff, at its own 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 Provider staff shall meet qualifications as stated in the approved position profile on file at JWB and any approved revisions which are submitted for FY21 funding. III. SERVICES Provider offers after school programs for youth in North Pinellas County. The Ross Norton and North Greenwood Recreation Complexes serve children aged 6 through 18 year round. The program incorporates enrichment activities that promote school success and healthy lifestyles, improve social skills, increase athletic abilities, and develop leadership skills. All activities include aspects of positive character development including courage, teamwork, compassion and community service. 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, according to service areas stated in Attachment 3, and pursuant to the General Conditions stated in Section VIII and Special Conditions listed in Attachment 1. A program methodology update, or certification that no updates are needed, is due for submission thirty (30) calendar days after the effective date of this Agreement (see Attachment 5 for an outline of all document submittals). The Provider shall cooperate with JWB on the process for approval of program methodology updates by no later than January 15, 2021. Any proposed changes in service delivery after January 15 must be approved in writing by JWB in advance of making those changes and program methodologies shall subsequently be updated within thirty (30) calendar days of that approval. Costs associated with any unapproved changes in service delivery may not be reimbursed. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 1 of 29 IV. FUNDS The program budget for both JWB and other funds (if any) for accomplishing the above stated services must be approved in the JWB data system or other designated format before payment will commence. JWB agrees to reimburse up to $394,095 for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 4 (or on the preceding working day in case of a holiday). The Provider shall elect to submit a request for payment at a minimum either every other week or once a month. Reimbursements shall be made on pace throughout the fiscal year in order to allow for a consistent and orderly delivery of services. Reimbursement requests shall be submitted timely and only for amounts actually incurred that should properly be reimbursed per this Agreement within reasonably needed amounts based on the 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 JWB to ensure a consistent and orderly delivery of services. It is the further intent of JWB to terminate Agreements in those situations where such action is essential to the protection of its interests and the interests of children and families served by JWB, as determined solely by JWB. 2. 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 in person, or by email, regular mail or delivery service. 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 due to 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 in person, or by email, regular mail or delivery service. 5. Provider shall only be compensated for services performed prior to the termination date. Provider may only terminate this Agreement upon thirty (30) calendar days' written notice to JWB delivered in person, or by email, regular mail or delivery service. 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 shall not be made for services rendered prior to the effective date of this Agreement. VIII. GENERAL CONDITIONS 1. Agreement Revisions This Agreement and its attachments constitute the contractual relationship between the Provider and JWB. If Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 2 of 29 there is any discrepancy between program -related documents, this Agreement preempts all other documents. No amendment 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 the approved budget on file at JWB. b. Provider agrees to submit Program Statement of Financial Activities reports within thirty (30) calendar days following the end of each quarter of JWB's fiscal year. Provider agrees that all fmancial 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 fmdings 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 funded programs that are unable to provide normal services for a period of at least sixty (60) calendar days after a disaster has been declared, provided the program agrees to comply with requests of JWB and Recover Pinellas. This period may be extended at the discretion of the Board upon recommendation of the Chief Executive Officer. Provider must file insurance and FEMA claims and shall reimburse JWB for any amounts received from FEMA and insurance that have previously been funded by JWB. The Provider must submit to JWB a copy of the Provider's Continuity of Operations Plan within thirty (30) calendar days of the effective date of this Agreement. f. Provider shall provide supporting documentation (board meeting minutes, etc.) for all salary adjustments. JWB shall not reimburse more than two (2) weeks of accrued leave for terminating employees. JWB shall 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 fmancial 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 eighty (180) calendar 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. 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. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 3 of 29 The Provider is required to engage an audit firm that follows Government /Non -Profit Audit Standards when conducting the financial audit and that shows evidence of a peer review report completed every three (3) years. 4. Other Financial Support a. Provider shall report within ninety (90) calendar days any major changes in non-JWB revenue which would impact targeted service levels in JWB funded programs during the fiscal year. b. JWB funds shall 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. e. Programs charging a fee for services supported by JWB funding must forward a copy of the fee schedule to JWB within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule. 5. Program Monitoring and Data Quality Provider agrees to submit monitoring, site visit, accreditation, and licensing reports supplied by funding, accreditation, and licensing entities, as applicable, to JWB no more than thirty (30) calendar days following Provider receipt. 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, JWB Secure Portals, and Provider specific data collection systems), and to cooperate in monitoring activities including, but not limited to, access to sites, staff, fiscal and participant records, logs, participant rights and responsibilities policies, participant handbooks, grievance and complaint procedures, and the provision of related participant and participant rights information. Provider shall maintain and have available for audit inspection participant records for five (5) years post termination of services. Provider agrees to abide by the JWB Board Policy Section IV: JWB Funded Program Monitoring. 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. Provider staff shall adhere to JWB's Data Quality Manual and JWB's Financial Policies and Procedures for Funded Programs, and all staff who have any responsibility (supervisory or direct) for data entry shall 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 Secure Portal User Access to ensure that all users are active employees with access to appropriate data systems and modules. Provider shall notify the JWB Program Consultant and complete the designated form immediately upon involuntary termination and within five (5) business days upon voluntary separation or whenever a Provider staff person's access must be inactivated due to the reasons outlined in JWB's Data Quality Manual. 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. Provider shall notify JWB no less than ninety (90) days prior to implementation of data system(s) used for participant and/or financial information that are used to share data with JWB. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 4 of 29 6. Board Members, Training, and Financial Review Within thirty (30) calendar days of approval or a change of board composition, Provider shall submit to JWB an updated list of board members to include the email and physical address, phone number, and place of employment of the board chair. Submission of Provider policies and procedures regarding board review of Provider finances shall be required within thirty (30) calendar days of this Agreement and upon revision and approval by the Provider's board. Training of new board members by an external trainer is required within twelve months of joining the Provider board. Evidence of training must be provided to JWB by September 17, 2021. Training must consist of the following topics: nonprofit governance, fiduciary risks, and liabilities. Documentation of this training shall include an outline of topics covered, the board members in attendance, date the board member joined the board, and who provided the training. Providers that are governmental entities, higher education institutions, and hospitals are exempt from this training requirement. 7. Nondiscrimination Providers 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, pregnancy, and genetic information, or any other legally protected category except that programs may target services for specific participant groups as defined in the application. Additionally, Providers 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. S. Publicizing of JWB Support - Endorsements Requests for endorsements that require a commitment of JWB resources shall be submitted to the JWB Board for its consideration. However, endorsements, which do not require JWB resources may be given to those Providers that support the focus and priorities of the JWB Board, at the discretion of the JWB Chief Executive Officer. JWB's logo must be visible at Provider's administrative and program sites and be present on the following Provider materials as an acknowledgement of support: • Annual report • Program brochures and marketing materials • Program stationery JWB's logo may not be used on any other publications requiring JWB resources without JWB 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 Chief Executive Officer. 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 and Provider will be notified by JWB when this occurs. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 5 of 29 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, including transportation of participants, without prior written approval of JWB through an approved budget or other written approval on file at 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 this Agreement. JWB shall have the right to require the Provider to replace any Subcontractor found, in the reasonable judgment of JWB, to be unacceptable. All such assignments or subcontracts shall be subject as applicable to the terms and General Conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. Subcontracts for program service delivery described in the approved program methodology must be reviewed according to the Subcontract Assessment found at https://www.jwbpinellas.org/wp-content/uploads/2019/11/Subcontract-Assessment- Form.pdf. The assessment outlines elements that must be included in subcontracts. Subcontracts and the corresponding Subcontract Assessment shall be submitted to JWB within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution of the subcontract thereafter. Provider shall have full responsibility for the successful performance and completion of all subcontracted duties under this Agreement to the same extent as if the Provider performed such duties. The Provider shall be the sole point of contact for subcontracts with regard to all matters under this Agreement. Provider is responsible for monitoring subcontracts of JWB funded programs unless otherwise specified in a Special Condition of this Agreement. Documentation of monitoring of subcontracts shall be submitted to JWB no more than thirty (30) calendar days following completion of the monitoring activities. 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. The Provider shall 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 shall 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. JWB has full discretion as to the use of data and JWB owns all data once transferred to JWB. Provider shall obtain permission and license for the use of any and all photographs, videotaping, audio recordings, or written interviews/stories of participants, to include use of name, image and other identifiable information in connection with a press release, news story, testimonial, or story that may be viewed by the Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 6 of 29 general public, and that the participant will not receive compensation for participation in the use of this information. For youth under the age of eighteen (18), Providers will obtain the signature of a parent or legal guardian. 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 shall inform JWB of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. Provider shall 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 shall 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. Provider shall defend, indemnify and hold harmless JWB from any and all damages caused by the improper disclosure as defined by law of any information including but not limited to personally identifiable information (PII) and protected health information (PHI) as required under HIPAA, HITECH and FIPA regulations or other information that is confidential and/or exempt from disclosure per F.S. 119. This provision shall survive the termination of this Agreement. Likewise, in the event of an improper disclosure of Provider's participant information by JWB, JWB shall inform Provider of the improper disclosure and extent thereof within two (2) business days of becoming aware of the improper disclosure. JWB shall 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 shall defend, indemnify and hold harmless Provider from any and all damages caused by JWB's 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. Public Records JWB is a public entity subject to Florida's Public Records Law, which includes provisions relating to records retention, production, and confidentiality. For purposes of this section, Provider is also referred to as Contractor. Provider subcontracts that arise out of this Agreement must apply the entirety of this public records condition to the Subcontractor. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Juvenile Welfare Board of Pinellas County 14155 58th St. No., Ste. 100 Clearwater, FL 33760 (727) 453-5600 communications@jwbpinellas.org Contractors acting on behalf of JWB must comply with 119.0701 and must: a. Keep and maintain public records required by JWB to perform the service. Agency: City of Clearwater (AGN274) Page 7 of 29 07/31/2020 12:09:27 PM b. Upon request from JWB's custodian of public records, provide JWB with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in F.S. 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to JWB all public records in possession of Contractor or keep and maintain public records required by JWB to perform the service. If the Contractor transfers all public records to JWB upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to JWB, upon request from JWB's custodian of public records, in a format that is compatible with the information technology systems of JWB. In addition, Contractors should be aware that Social Security numbers are confidential and exempt from disclosure (119.071(5)) and personal identifying information of a child or the parent or guardian of the child held by JWB or service provider under contract with JWB is exempt from disclosure (125.901(11)). There are many other exemptions in the law that Provider should be cognizant exist. However, for all Providers, any and all contracts between JWB and Provider, program methodology, budgets, requests for reimbursements, emails, other written correspondence and any other documents exchanged between the Provider and JWB are generally public records and will be disclosed in the sole discretion of JWB and must be retained in accordance with Florida's record retention policy. Providers should not provide any documents to JWB containing Trade Secrets, as defined by F.S. 812.08, or exempt or confidential and exempt information to JWB without specifically marking such document. By submitting any documents or information whatsoever to JWB, Provider agrees that JWB may use and disclose all information and documents submitted for any purpose JWB sees fit and that it is within JWB's sole discretion to determine if any information submitted is exempt from disclosure. Any Provider who receives a public records request for records pertaining to JWB or services funded by JWB, must advise JWB within two (2) business days of the records request and JWB and Provider will work together to respond to any such request. This provision shall survive termination of this Agreement. 13. Return of Funds Provider agrees to return to JWB any overpayment due to costs not incurred or costs disallowed pursuant to the terms of this Agreement 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 shall 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. This provision survives termination of this Agreement and return of funds for overpayment or disallowance will be required even if the overpayment or disallowance is discovered after this Agreement is terminated. 14. 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. Participant 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. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 8 of 29 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 while in the Provider's care. Breach of Information - Sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. 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. Investigation or Lawsuit - Any formal investigation or legal action brought against Provider which relates to the services funded by JWB or which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. 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 Death - The death of any participant receiving JWB services, regardless if the death occurred while under Provider's care. Participant Illness - An illness of a participant requiring a response by Emergency Medical Services AND transport to a medical facility due to the severity of the illness while participant is attending the program. Participant Injury - A medical condition of a participant requiring a response by Emergency Medical Services AND transport to the hospital due to the severity of the medical condition or injury while the participant is attending the program. Note in both instances of Participant Illness and Participant Injury the parents may use Emergency Medical Services as transportation to the hospital - if it is used solely for this purpose an incident report is not required. In the event that the participant leaves the program and requires emergency care due to an injury or illness incurred at the program, an incident report should be completed when the program becomes aware. 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, agent or volunteer on participant, and participant on employee, agent or volunteer. 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. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 9 of 29 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 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. In the event of a participant death please contact by phone the JWB Chief Operating Officer within three (3) hours of knowledge of the incident. All email 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. Provider must adhere to the reporting requirements hereunder after the termination of this Agreement if Provider becomes aware of a Critical Incident after the termination of the Agreement if the Critical Incident occurred during the term of the Agreement and/or relates to the services funded by JWB. 15. Provider Staff Membership on Board Provider agrees that Provider staff shall not serve as voting members of the Provider's governing board. 16. Waiver JWB reserves the right to waive requirements of this Agreement and General Conditions where warranted by special circumstances. Any waiver shall be in writing and signed by JWB. 17. 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. 18. Provider Staff Background Checks All program staff and Provider staff (including employees, independent contractors, and staff of subcontractors), volunteers and those who may have access to youth participants 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 F.S. 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 and subcontractors who may have access to youth. Volunteers and subcontractors who assist on an intermittent basis for less than ten (10) hours per month do not have to be screened if a person who meets the screening requirement of this section is always present and has the volunteer and subcontractor within his or her line of sight. The Provider is required to clearly document Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 10 of 29 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. The Florida Department of Children and Families provides an exemption process under this statute. JWB does not provide an exemption or waiver process. 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. Only in the event the Provider does not qualify to receive a national Level 2 background check in accordance with F.S. 435 and is not eligible to participate in VECHS, then the Provider must engage a third party vendor to conduct a national background check and must comply with the standards as set forth in F.S. 435. Providers using VECHS, or any other third party vendor which does not allow the release of background screening results to JWB, must sign and provide to JWB an affidavit which ensures compliance with the entirety of this section. This affidavit must be renewed annually by the Provider's Executive Director or equivalent and submitted within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position. Provider must also provide a written procedure within thirty (30) calendar days of the effective date of this Agreement which outlines the process by which compliance is ensured with the entirety of this section. Provider agrees to submit to monitoring of personnel and volunteer files and other required documents to ensure compliance with this section. Monitoring will include, but not be limited to, review of training logs, position descriptions, applications, resumes and Provider verification of staff credentials. Providers shall not release PHI to JWB and shall keep this information separated from personnel and volunteer files. Parental consent for JWB monitoring activities must be evident in the personnel and volunteer files of minor children. 19. Attendance Provider is 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. 20. Link to JWB's Website Provider website shall include the JWB logo that links to the JWB website (www.jwbpinellas.org). 21. Drug -Free Workplace The Provider shall have and enforce a Drug and Alcohol Free Workplace Policy. This policy shall be submitted to JWB within thirty (30) calendar days of the execution of this Agreement. 22. Public Entity Crimes Per Section 287.133, F.S., 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 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 11 of 29 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. 23. 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, JWB Financial Policies and Procedures for Funded Programs, research policies, security policies, JWB Data Quality Manual, 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 thirty (30) calendar days' notice to the Provider and it is the responsibility of the Provider to be in compliance with 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. 24. Conflict of Interest The Provider must have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Provider further represents that no person having any such interest shall be employed or subcontracted by the Provider during the Agreement term and any extensions. The Provider shall promptly notify JWB, in person, or by email, regular mail or delivery service., of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Providers judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Provider may undertake and request an opinion of the JWB Chief Executive Officer as to whether the association, interest or circumstance would, in the opinion of JWB, constitute a conflict of interest if entered into by the Provider. JWB agrees to notify the Provider of its opinion, in person, or by email, regular mail or delivery service, within thirty (30) days of receipt of notification by the Provider. 25. Insurance Requirements - Basic Provisions 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 basic insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A -(IX) or higher with A.M. Best. a. Workers' Compensation Part One: Part Two: Each Accident "Statutory" $500,000 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 12 of 29 Disease - Policy Limit Disease - Each Employee $500,000 $500,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than any endorsements required by NCCI or the State of Florida. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employer's Liability Act and any other applicable Federal or State law. b. Commercial General Liability General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence $3,000,000 $3,000,000 $3,000,000 $3,000,000 Such insurance shall be no more restrictive than that provided by the latest edition of the standard Commercial General Liability Form (Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than any endorsements specifically required by ISO or the State of Florida. JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insured" on the Commercial General Liability coverage a form no more restrictive than ISO form CG 20 10 (Additional Insured - Owners, Lessees, or Provider). c. Automobile Combined single limit - (Vehicles transporting JWB Participants) Combined single limit - (All other vehicles used in the performance of work under this Agreement) $5,000,000 $500,000 [The determination of which of the Provider's vehicles will be subject to the limit stated above for "Vehicles transporting JWB Participants" and will be based upon the responses given by the Provider in the most recent JWB Insurance Survey.] Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of the standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non -owned, and hired autos used in the performance of the work under this Agreement. Providers that transport JWB Participants will be required to insure any vehicle used for such Participant transportation in the amount shown in the Participant Transportation section of the Automobile Insurance Requirements matrix. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. All Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 13 of 29 other Provider vehicles are required to be insured in the amount shown in the matrix which corresponds to the rest of the Providers operations, excluding participant transportation. The applicable limits can be found at https://www.jwbpinellas.org/wp- content/uploads/2020/04/Automobi le-Insurance-Requirements.pdf Providers that hire participant transportation services shall be required to maintain verification of transportation vendor's automobile liability insurance limits in the same amount that the Provider would be required to maintain if Provider were providing the transportation services directly. Such amount shall be determined by JWB based upon the maximum number of passengers per vehicle (including driver) in the vehicle being utilized. The applicable limits can be found at https://www. jwbpinellas.org/wp-content/uploads/2020/04/Automobile-Insurance- Requirements.pdf. d. Excess or Umbrella Insurance: All required limits of insurance may be satisfied by the use of any combination of primary and excess/umbrella liability insurance coverages. All Certificates of Insurance for umbrella and excess liability policies should clearly indicate which underlying policies such excess or umbrella liability policies are applicable to on an excess basis. e. Evidence of Insurance: Provider shall not commence work until the required insurance is in force and evidence of insurance meeting all of the requirements set forth herein has been provided to JWB. JWB at all times reserves the right to request such additional documentation and evidence of insurance as in its sole discretion it may require and the Provider hereby agrees to provide same. An appropriate Certificate of Insurance signed by an authorized representative of the insurer shall be satisfactory evidence of insurance. With respect to the Commercial General Liability, an appropriate Certificate of Insurance signed by an authorized representative of the insurer, and copies of the actual additional insured endorsement(s) as issued on the policy(ies), shall be satisfactory evidence of such insurance. The evidence of insurance provided by Provider must include a disclosure of the amount(s) of all deductibles or self-insured retentions applicable to any policy of insurance required under this section. Until such insurance is no longer required by this Agreement, Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Notwithstanding the prior submission of a Certificate of Insurance, copies of endorsements, or other evidence initially acceptable to JWB, if requested by JWB, Provider shall, within thirty (30) calendar days after receipt of a written request from JWB, provide JWB with a certified copy(ies) of the policy(ies) providing the coverage required herein. Provider may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required herein. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 14 of 29 f. Notice of Cancellation: All required policies must be endorsed to provide JWB with thirty (30) calendar days' prior notice of cancellation. g. Primary and Non -Contributory: The insurance provided by the Provider shall apply on a primary basis to and shall not require contribution from, any insurance maintained by JWB. Any insurance or self-insurance maintained by JWB shall be in excess of, and shall not contribute with, the insurance provided by Provider. h. Deductibles/Self-Insured Retentions: Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any insurance required of Provider pursuant to this Agreement will be allowed. To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without prior approval of JWB), Provider shall be solely responsible for paying any such deductible or self-insured retention. Non-Waiver/Remedies: Compliance with these insurance requirements shall not limit the liability of Provider, its subcontractors, sub -subcontractors, employees or agents. Any remedy provided to JWB or JWB's Board members, employees, volunteers, and agents by the insurance provided by Provider shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Provider) available to JWB under this Agreement or otherwise. Neither approval nor failure to disapprove insurance furnished by Provider shall relieve Provider from the responsibility to provide insurance as required by this Agreement. Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance. 26. Insurance Requirements - Additional Coverages 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 additional insurance coverage with responsible companies, eligible to do business in the State of Florida, which maintain a rating of A -(IX) or higher with A.M. Best. a. Professional Liability Each Claim Annual Aggregate Maximum Deductible or Maximum Self -Insured Retention $1,000,000 $1,000,000 $25,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider for those sources of liability arising out of the rendering or failure to render professional services in the performance of Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 15 of 29 the services required in the Agreement including any hold harmless and/or indemnification agreement. If the Professional Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims -made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. b. Cyber Liability Each Claim $500,000 Annual Aggregate $500,000 Maximum Deductible or Maximum Self -Insured Retention $25,000 The Cyber Liability insurance shall be on a form acceptable to JWB and shall cover Security & Privacy Liability and Breach Response Coverage, including Notification Expenses. If the Cyber Liability is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims -made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. The required Cyber Liability coverage may be included as part of the Professional Liability coverage and limits required above. c. Abuse and Molestation Liability Each Claim Annual Aggregate Maximum Deductible or Maximum Self -Insured Retention $1,000,000 $1,000,000 $25,000 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its employees for liability arising out of any occurrence of abuse or molestation in relation to the work provided by Provider under the Agreement. If the Abuse and Molestation coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims -made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. d. Directors and Officers/Employment Practices Liability Each Claim Annual Aggregate Maximum Deductible or Maximum Self -Insured Retention $1,000,000 $1,000,000 $25,000 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 16 of 29 Such insurance shall be on a form acceptable to JWB and shall cover Provider and its directors, officers and employees for liability arising out of "Wrongful Acts" in the performance of their duties as directors, officers and employees of Provider. In addition, coverage shall be included for "Wrongful Acts" of Provider arising out of Provider's employment practices. If the coverage is provided on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims -made coverage must respond to all claims reported within three (3) years following the period for which coverage is required. e. Crime Insurance Such insurance shall be on a form acceptable to JWB and shall provide the following coverages in the following amounts: Employee Dishonesty: $300,000 Forgery or Alteration: $300,000 Robbery (on or offpremises): $300,000 Computer Fraud: $300,000 Funds Transfer Fraud: $300,000 Maximum Deductible or Maximum Self -Insured Retention $25,000 f. Watercraft Liability To the extent watercraft are utilized, Provider shall purchase and maintain insurance which shall, at a minimum, cover Provider for injuries or damage arising out of the use of all owned, non -owned, and hired watercraft. The insurance shall include JWB and JWB's Board members, employees, volunteers, and agents as additional insureds. The limits applicable to watercraft liability shall be: Each Occurrence/Annual Aggregate g. Pollution Legal Liability $300,000 Such insurance shall cover Provider for liability resulting from pollution or other environmental impairment arising out of, or in connection with, work performed under this Agreement, or which arises out of, or in connection with this Agreement, including coverage for cleanup of pollution conditions and third party bodily injury and property damage claims arising from pollution conditions. Such insurance shall also include transportation coverage and non -owned disposal site coverage. Coverage must either be on an occurrence basis; or, if on a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 17 of 29 The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: Each Claim Annual Aggregate Maximum Deductible or Maximum Self -Insured Retention $500,000 $500,000 $25,000 JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insureds" on the policy. 27. Indemnification Provider shall defend, indemnify, and hold harmless JWB, its agents, and employees from and against any and all liabilities, claims, judgments, or actions including, but not limited to, attorney's fees and all costs 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, 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, arising out of or relating to its performance of this Agreement or for Provider's improper disclosure of confidential and/or exempt information, or failure to comply with F.S. 119 or any other applicable law, rule or regulation. 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. This provision survives termination of the Agreement. 28. Certification that Provider is legally able to contract with JWB In compliance with F.S. 287.135(a), a Provider is ineligible to and may not enter into a contract with JWB if the Provider is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 or is engaged in a boycott of Israel. In compliance with F.S. 287.135(b), for contracts of $1 million or more, a Provider is ineligible to and may not enter into a contract with JWB if the Provider (1) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List, created pursuant to s. 215.473 or, (2) is engaged in business operations in Cuba or Syria. By entering into this Agreement, you are certifying that you are eligible to contract with JWB and are not participating in a boycott of Israel, are not on the Scrutinized Companies with Activities in Sudan List, are not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that you do not have business operations in Cuba or Syria. In addition, this Agreement may be terminated if Provider (1) has found to have submitted a false certification, (2) has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, (3) has been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities in The Iran Petroleum Energy Sector List; or (4) has been engaged in business operations in Cuba or Syria. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 18 of 29 IX. SIGNATURES Chief Executive Officer: Juvenile Welfare Board of Pinellas County Beth A. Houghton 8/27/20 B. 4-“ALyzr City Manager: City of Clearwater William B. Home, II Date Date ATTEST "f -Doe: City Clerk (Designee APPROVED AS TO FORM AND CONTENT �• j Assistant City Attorney Owen Kohler Countersigned: 1�layor Frank Hibbard Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 19 of 29 Attachment 1 Special Conditions of the Agreement The following condition(s) applies to the program(s): --- Charting the Course for Youth Provider approved COST program shall adhere to the JWB approved Program Service Matrix Model Program Components for Out of School Time Programming. The Provider will complete and submit the Florida Afterschool Network (FAN) Quality Self- Assessment and Improvement Guide within 30 days of the effective date of this Agreement including specific information for all sites regarding Categories 3, 4, 6, and 7. In addition, Provider will submit the required Program Improvement Plan identifying strategies towards progress to JWB within 30 days following the due date according to the FAN assessment timeline. The Provider and all facilities legally required to be licensed must maintain valid licensure. Facilities not required to be licensed must maintain a Certificate of Substantial Compliance issued by the Pinellas County License Board (PCLB). Should any Provider or facility's license or certification be revoked, not renewed, or suspended during the time services are being provided hereunder, the Provider must immediately notify JWB within twenty-four (24) hours in writing and said Provider or facility is no longer qualified to provide services to the Recipients under the terms of this Agreement. Provider or facility's license must be considered in Good Standing, which is defined as having no probationary license status within the preceding twelve (12) months. Provider authorizes JWB to speak with PCLB and any other entity regulating the Provider about anything relevant to Provider's child care license, history of providing care or anything else deemed relevant by JWB. General Condition #18 - Provider is waived from personnel file monitoring with JWB wherein the Provider has no non -compliances on PCLB's most recent monitoring report/inspection checklist/complaint investigation in the area of Personnel and at the time of JWB monitoring is in full compliance with all PCLB regulations pertaining to Personnel, including, but not limited to, personnel records and background screening. JWB reserves the right to monitor personnel files at any time, including if a non-compliance is noted during PCLB's monitoring/inspection/investigation and at any time JWB deems necessary. Provider will give JWB staff access to all PCLB monitoring reports/inspection checklist/complaint investigations. All other provisions of the Condition remain. COVID - 19 may impact the Provider's ability to meet one or more performance measures and targeted service levels. The Provider should continue with diligent data collection, but will be held harmless if the program doesn't meet performance measures which are affected, in isolation, by COVID - 19. The following condition(s) applies to the Provider (AGN274): --- City of Clearwater General Condition #2E - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. General Condition #27 - 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 Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 20 of 29 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." General Condition #11 - Confidential Information- paragraph 4, the sentence that states, "Provider shall 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." is stricken and replaced with the following: "Provider shall defend, indemnify, and hold harmless JWB from any and all damages caused by the provider's 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." General Condition #6 - Board Members, Training, and Financial Review are waived. General Conditions #25 and #26- Insurance Requirements are waived wherein the Provider maintains responsibility for the delivery of services. Should the Provider assign or subcontract any of the work contemplated under this Agreement to a non-governmental entity, or to a non -Florida governmental entity, this Insurance Requirements waiver is not applicable to the subcontracted services portion of the contract. Nongovernmental subcontractors and non -Florida governmental subcontractors must demonstrate compliance with the insurance requirements for all subcontracted services performed for Provider for JWB-funded programs. Provider is solely responsible for ensuring subcontractors of the Agreement are in compliance with the minimum insurance requirements as described in General Conditions #25 and #26. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 21 of 29 Attachment 2 City of Clearwater (AGN274) Charting the Course for Youth (PROG478) Performance Measurement FY21 Participant Level Performance Measurements 'Targets Information for FROG -178 Target (Measurable): FSA Learning Gains - English Language Arts TargetV2Definitionld 3000 ShortTargetTitle FSA Learning Gains - English Language Arts TargetTezt Percent of eligible youth participants that demonstrate learning gains on the FSA English Language Arts. TargetType Milestone Data ProjectedValue ProjectedValue ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. An eligible participant will be in grades 4 and higher, have two years' worth of FSA data, and be enrolled in the program before January. Measured by PCS, and analyzed by JWB. A program -wide milestone will be entered into GEMS after JWB reports performance to the provider. Target (Measurable): FSA Learning Gains - ;Mathematics TargetV2Definitionld 2999 ShortTargetTitle FSA Learning Gains - Mathematics TargetText Percent of eligible youth participants that demonstrate learning gains on the FSA Mathematics. TargetType Milestone Data ProjectedValue ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. An eligible participant Agency: City of Clearwater (AGN274) Page 22 of 29 07/31/2020 12:09:27 PM will be in grades 4 and higher, have two years' worth of FSA data, and be enrolled in the program before January. Measured by PCS, and analyzed by JWB. A program -wide milestone will be entered into GEMS after JWB reports performance to the provider. 7 al -get (Measurable): Percent of eligible participants receiving the OST surrey TargetV2Definitionld 2905 ShortTargetTitle Percent of eligible participants receiving the OST survey TargetText Percentage of eligible participants who will be given the OST Survey during the administration window (May 2021). TargetType Milestone Data ProjectedValue 85 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes This measures the percentage of eligible participants who respond to the OST survey. The survey assesses participant opinions about satisfaction in the program, programmatic curriculum, development of life skills, and plans for the future. This offers the provider a glimpse into the areas where the program can improve. Eligibility is defined as being enrolled in grades 3 or higher, enrolled before January, and active during the administration period (May). The denominator includes all participants who are eligible, while the numerator counts the number of people, out of those eligible, who took the survey. Target (Measurable): TRGT1211: Annual participation - child TargetV2Definitionld 1297 ShortTargetTitle TRGT1211: Annual participation - child TargetText Percent of Participants who continue in the afterschool program for more than one year. TargetType Roster Data ProjectedValue 65 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Measures participants who are served by the provider in more than one fiscal year. Target (Measurable): TRGT1360: Percent of days attended TargetV2Definitionld ShortTargetTitle TargetText 2549 TRGT1360: Percent of days attended Percent of youth attend 70% of the program days tracked on a monthly basis as demonstrated by JWB database attendance report. Agency: City of Clearwater (AGN274) Page 23 of 29 07/31/2020 12:09:27 PM TargetType Milestone Data ProjectedValue 70 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes This measure speaks to the dosage of programming. It is measured by the actual number of days in attendance by the number of days the participant could have potentially attended the program. Target (Measurable): TRGT1519: Less than 10% of school dais unattended TargetV2Definitionld 2636 ShortTargetTitle TRGT1519: Less than 10% of school days unattended TargetText % of students who miss less than 10% of unexcused school days. TargetType Milestone Data ProjectedValue 95 ProjectedStartDate 10/01/2020 ProjectedEndDate 09/30/2021 Notes Percent of participants who have less than approximately 18 unexcused absences from school. Measured by the school year, and analyzed by JWB. A program -wide milestone will be entered into GEMS after JWB reports performance to the provider. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 24 of 29 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: Participants are Participants articipants are eligible Who reside in the following geographical areas: Program Name eligible Countywide (list all ZIP codes of the target area or describe the geographical arca) Charting the Course for Youth Participants will primarily reside in high risk zone 2: 33755, and 33756. However, participants can also reside in the following zip codes: 33763, 33764, 33765, 33770, 33778, 34677, 34695 and 34698. Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 25 of 29 This page intentionally left blank Agency: City of Clearwater (AGN274) 07/31/2020 12:09:27 PM Page 26 of 29 Attachment -1 Pay# \ccounts Submission Due Date •MbJuvenileWelfareBoa F\ 21 I av able Schedule Reimbursement Date 1 09/25/2020 10/02/2020 2 10/09/2020 10/16/2020 3 10/23/2020 10/30/2020 4 11/06/2020 11/13/2020 5 11/20/2020 11/27/2020 6 12/04/2020 12/11/2020 7 12/18/2020 12/25/2020 8 01/01/2021 01/08/2021 9 01/15/2021 01/22/2021 10 01/29/2021 02/05/2021 11 02/12/2021 02/19/2021 12 02/26/2021 03/05/2021 13 03/12/2021 03/19/2021 14 03/26/2021 04/02/2021 15 04/09/2021 04/16/2021 16 04/23/2021 04/30/2021 17 05/07/2021 05/14/2021 18 05/21/2021 05/28/2021 19 06/04/2021 06/11/2021 20 06/18/2021 06/25/2021 21 07/02/2021 07/09/2021 22 07/16/2021 07/23/2021 23 07/30/2021 08/06/2021 24 08/13/2021 08/20/2021 25 08/27/2021 09/03/2021 26 09/10/2021 09/17/2021 27 09/24/2021 9/30/2021 (September business) 28 10/08/2021 10/14/2021 (September business) 29 10/22/2021 10/28/2021 (September business) Agency: City of Clearwater (AGN274) Page 27 of 29 07/31/2020 12:09:27 PM Attachment 5 Document Submittal Chart This chart is intended as a guide. Submittals required in the General and Special Conditions of the Agreement su Provider Document Program methodology update or certification that no updates are needed. Time Frame Within thirty (30) calendar days of effective date of Agreement Submit 'l o Agency Specific JWB Secure Portal Site Approved program methodology January 15, 2021 Agency Specific JWB Secure Portal Site COOP —WAIVED Within thirty (30) calendar days of effective date of Agreement Agency Specific JWB Secure Portal Site Salary Adjustment Approval If applicable, then prior to budget submission or subsequent amendment Agency Specific JWB Secure Portal Site Quarterly Program Statement of Financial Activities Within thirty (30) calendar days following the end of each quarter of JWB's fiscal year Agency Specific JWB Secure Portal Site Most Recent Audit Immediately upon receipt by the Provider's board or not to exceed 180 days of the close of the Provider's fiscal year Agency Specific JWB Secure Portal Site Fee Schedules Within thirty (30) calendar days of the effective date of this agreement and upon making changes to the fee schedule Agency Specific JWB Secure Portal Site Monitoring, Site Visit, Accreditation and Licensing Reports No more than thirty (30) calendar days following Provider receipt Agency Specific JWB Secure Portal Site Notification of Change in Participant and/or Finance Data Base Within ninety (90) calendar days in advance of any changes Email to JWB Chief Financial Officer User Access Notify the JWB Program Consultant and complete the designated form immediately upon involuntary termination and within five (5) business days upon voluntary separation or whenever a Provider staff person's access must be inactivated due to the reasons outlined in JWB's Data Quality Manual JWB Program Consultants Board Member List - WAIVED Within thirty (30) calendar days of approval or a change of board composition Agency Specific JWB Secure Portal Site Policy and procedure regarding board review of Within thirty (30) calendar days of effective date of Agreement and upon revision and approval by the Provider's board Agency Specific JWB Secure Portal Site Agency: City of Clearwater (AGN274) Page 28 of 29 07/31/2020 12:09:27 PM Provider finances — WAIVED Board Training (Outline of topics, members in attendance and who provided training) — WAIVED Within twelve months of joining the Provider board, evidence of training new board members must be provided to JWB by September 17, 2021. Agency Specific JWB Secure Portal Site Subcontracts Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Subcontract Assessment Within thirty (30) calendar days of the effective date of this Agreement and upon revision, amendment and execution thereafter. Agency Specific JWB Secure Portal Site Subcontract Monitoring Documentation No more than thirty (30) calendar days following completion of the monitoring activities. Agency Specific JWB Secure Portal Site Incident Reports Within one (1) business day of occurrence IRreviewteam@jwbpinellas.org Executive Director Affidavit (Providers using VECHS) — Not Applicable Within thirty (30) calendar days of the effective date of this Agreement and upon change of staff in this position Agency Specific JWB Secure Portal Site Procedure for General Condition #18 -Provider Staff Background Checks (Providers using VECHS) — Not Applicable Within thirty (30) calendar days of the effective date of this Agreement Agency Specific JWB Secure Portal Site Drug -Free Workplace policy Within thirty (30) calendar days of effective date of Agreement and upon revision and approval by the Provider's board Agency Specific JWB Secure Portal Site Insurance Documentation- WAIVED —Unless services are subcontracted Throughout the period of the Agreement and with renewal or replacement at least fifteen (15) calendar days prior to the expiration or termination of such insurance. Agency Specific JWB Secure Portal Site Agency: City of Clearwater (AGN274) Page 29 of 29 07/31/2020 12:09:27 PM