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PROGRAM CONTRACT - AMENDMENT REVIEW AND APPROVAL FORM -CHARTING THE COURSE FOR YOUTHDocusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 b Juvenile Welfare Board Investing in children. Strengthening our community. PROGRAM CONTRACT/AMENDMENT REVIEW AND APPROVAL FORM Agency Name: City of Clearwater Program Name: Charting the Course for Youth Type of Document: Annual Agreement Annualized Contract Amount: $553,129 Brief Explanation: FY25 Annual Agreement INSTRUCTIONS 1. The contract/amendment referenced above is attached and submitted for review and comment. 2. If you have suggested edits or concerns, please contact Elaine Melkioty at emelkioty@jwbpinellas.org to discuss. 3. Contract/amendment will be routed for signature via DocuSign workflow. 4. Administrative Specialist will archive review form and contract/amendment. Senior Manager, Program Administration 8/15/2024 1 6:27 PM EDT E. Melkioty Senior Manager, Performance and Evaluation (if applicable) M. Seales Senior Manager, Program Finance (if applicable) Chief Program Officer K. Boggess Chief Financial Officer R. Stivers 8/16/2024 1 4:01 PM EDT 8/16/2024 1 4:10 PM EDT 8/19/2024 8:52 AM EDT S iws 8/19/2024 1 11:57 AM EDT Chief Evaluation & Innovation Officer N/A B. Morrison -Rodriguez Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 AGREEMENT Between THE JUVENILE WELFARE BOARD And City of Clearwater Charting the Course for Youth I. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2024 and extending through September 30, 2025. 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 during the term of this Agreement. 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 such as courage, teamwork, compassion, and responsibility. 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 5, as determined by JWB, according to service areas stated in Attachment 2, and pursuant to the General Conditions stated in Section VIII and Special Conditions listed in Attachment 1. Any proposed changes in service delivery 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. 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 $553,129 for services rendered pursuant to this Agreement. FY2S City of Clearwater Charting the Course for Youth Page 1 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 3. The Provider shall submit an accurate request for payment once a month. Reimbursements shall be made in timely manner 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. 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 sixty (60) calendar days' written 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 sixty (60) 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 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 FY25 City of Clearwater Charting the Course for Youth Page 2 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 a. Non-profit Providers and government entity Providers agree to maintain books, records, and documents in accordance with Generally Accepted Accounting Principles (GAAP) and practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. b. For-profit Providers agree to maintain books, records, and documents on an acceptable basis of accounting to include the cash basis of accounting known as Other Comprehensive Basis of Accounting (OCBOA). The method of accounting should be consistent with industry practices which accurately and appropriately reflect all expenditures of funds listed in the approved budget on file at JWB. c. Provider agrees that all financial records, including personnel and salary information and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. d. Provider agrees to maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. e. 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. f. 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. This period may be extended at the discretion of the Board upon recommendation of the Chief Executive Officer. Provider must file insurance and may file FEMA claims or apply for other federal funding and shall reimburse JWB for any amounts received from these sources that have previously been funded by JWB. The Provider shall maintain a Continuity of Operations Plan which shall be available for review by JWB personnel upon request. g. Provider agrees that salary adjustments for staff that are submitted to JWB for approval in budgets or budget amendments have been reviewed and approved by the Provider in accordance with its fiscal policies and adjustments can be sustained in future fiscal years. 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. h. Provider agrees to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. 3. Audit and Management Letter Non-profit Providers and government entity Providers agree 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 eighty (180) calendar days of the close of the Provider's fiscal year. In addition to the audit, Provider shall submit all auditor communications to the Provider board, including required communications and all adjustments, whether corrected or uncorrected. 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. FY25 City of Clearwater Charting the Course for Youth Page 3 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 The Provider's auditor must comply with the Independence Rule and comply with the General Requirements for Performing Nonattest Services and Documentation Requirements When Providing Nonattest Services. Such nonattest services include: (1) financial statement preparation; (2) cash to accrual conversions; (3) reconciliations; (4) advisory services; (5) appraisal, valuation and actuarial services; (6) benefit plan administration; (7) bookkeeping, payroll and other disbursements including proposed standard, adjusting or correcting journal entries; (8) preparation of depreciation schedules; (9) business risk consulting; (10) corporate finance consulting (11) executive or employee recruiting; (12) forensic accounting; (13) hosting services; (14) information systems design, implementation or integration; (15) internal audit; (16) investment advisory or management; (17) tax services. 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. For-profit Providers agree to submit annual financial statements based on industry OCBOA standards prepared by an independent Certified Public Accounting Firm within a period not to exceed one hundred and eighty (180) calendar days of the close of the Provider's fiscal year. The financial statements must be prepared in accordance with applicable Preparation, Compilation and Review Standards. 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. FY25 City of Clearwater Charting the Course for Youth Page 4 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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. Youth participants will only be interviewed in group settings or with staff present unless parental consent is obtained. 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 maintaining user access to JWB's Database, including workflow. 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 staff who no longer need access to the JWB Database should have their access terminated immediately. The Provider is responsible for implementing appropriate procedures into their data policies to protect data and prevent accidental or malicious disclosure of participant information. 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. 6. Board Members and Training Provider shall submit to JWB an updated roster of board members to include the start date of all members within thirty (30) calendar days of the effective date of this Agreement and within thirty (30) calendar days of any change to board composition. Board member rosters shall also include the email, physical address, phone number, and place of employment for all board members. Orientation of new board members shall occur within two (2) months of the member joining the board and evidence of this orientation shall be maintained in Provider files. Training of new board members by an external trainer is required within six (6) months of joining the Provider board. Training must consist of the following topics: nonprofit governance, fiduciary risks, and liabilities. Evidence of training, including an outline of topics covered, the board members in attendance, and who provided the training, shall be available for review by JWB personnel upon request. 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. 8. Publicizing of JWB Support - Endorsements Requests for endorsements that require a commitment of JWB resources shall be submitted to JWB 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 FY25 City of Clearwater Charting the Course for Youth Page 5 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 logo must be visible at Provider's administrative and program sites, be featured on the Provider's website, 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. Legal Compliance Provider agrees that it will comply with all applicable laws, rules, and regulations. 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 on the Provider page of the JWB website. The assessment outlines elements that must be included in subcontracts. Subcontracts 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. To the extent Provider is permitted by JWB to subcontract any of provider's responsibilities under this agreement, the subcontracting entity or agency shall be obligated to assume all applicable obligations of the Provider under this agreement, including the obligation to preserve and maintain insurance as outlined in General Condition 25. 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 available for review by JWB personnel upon request. 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 FY25 City of Clearwater Charting the Course for Youth Page 6 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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 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. FY25 City of Clearwater Charting the Course for Youth Page 7 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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 publicrecords@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. 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) 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 FY25 City of Clearwater Charting the Course for Youth Page 8 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 Florida statutes, F.S.688.002, 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. 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. Baker Act - A participant is involuntarily admitted for psychiatric care under Florida law for Baker Act during the course of service delivery regardless if the incident occurred while under 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. Elopement -When a minor participant leaves a setting without permission or authorization. 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 FY25 City of Clearwater Charting the Course for Youth Page 9 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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. 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 of knowledge of any incident, 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 Program 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. FY25 City of Clearwater Charting the Course for Youth Page 10 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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 provide written consent to the Provider to have documentation released to JWB which confirms 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. Provider must collect written consent for the release of this information to JWB for purposes of verification. 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 which volunteers meet the criteria for a Level 2 background screening and Affidavits/Attestations 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 the Volunteer & Employee Criminal History System (VECHS) for background screening. Only in the event the Provider does not qualify to receive a national Level 2 background check in. FY25 City of Clearwater Charting the Course for Youth Page 11 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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, including the person responsible for conducting verification between results of VECHS information and the disqualifying offenses according to F.S 435. Personnel and volunteer files shall reflect who verified whether the employee or volunteer candidate passed the background screening according to F.S. 435.04. 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, salary information, Affidavits/Attestations of Good Moral Character, the results of background screenings and Provider verification of staff credentials. Consents executed by employees and volunteers to release Affidavits/Attestations of Good Moral Character and background screening results, if permitted by law, will be provided to JWB for review. Providers shall not release Protected Health Information to JWB and Providers shall keep this information separate from personnel and volunteer files. Parental consent for JWB monitoring activities must be evident in the personnel and volunteer files of minors. 19. Human Trafficking Affidavit In accordance with F.S. 787.06(13), nongovernmental entity Providers must submit an affidavit under penalty of perjury in a form approved by JWB and executed by an officer or a representative of Provider attesting that Provider does not use coercion for labor or services as that term is defined in F.S. 787.06. 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. Policy shall be available for review by JWB personnel upon request. 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 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. FY25 City of Clearwater Charting the Course for Youth Page 12 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 23. JWB Policies and Procedures Provider agrees to follow all JWB applicable policies and procedures which are located on the JWB website at www.jwbpi.nellas.org and which are incorporated into this Agreement. Said policies include, but are not limited to, applicable Board policies, funding policies, JWB Financial Policies and Procedures for Funded Programs, security policies, JWB Data Quality Manual, and applicable 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 applicable 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 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 -(VIII) or higher with A.M. Best. Companies not rated by A.M. Best may be used to satisfy this requirement if approved by JWB in writing. If insured by a company that is not rated by A.M. Best, the company must have been successfully operating in the State of Florida for a minimum of five consecutive years and JWB reserves the right to request a copy and review the company's most recent annual report or audited financial statement to determine the financial viability of the organization, including an unencumbered net worth of $25 million or more. a. Workers' Compensation Such insurance shall comply with Chapter 440, Florida Statutes, as required by law. b. Commercial General Liability FY25 City of Clearwater Charting the Course for Youth Page 13 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 General Aggregate $3,000,000 Products/Completed Operations Aggregate 53,000,000 Personal and Advertising Injury $3,000,000 Each Occurrence $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 Such insurance shall cover all owned, hired and non -owned vehicles operated by, or on behalf of, the Provider. Combined single limit - (Vehicles transporting JWB Participants) $5,000,000 Combined single limit - (All other vehicles used in the performance of work under this Agreement) $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 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. Providers that hire participant transportation services, excluding ride share and taxi services, shall be required to maintain verification of transportation vendor's automobile liability insurance limits in the same FY25 City of Clearwater Charting the Course for Youth Page 14 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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 on JWB's website. d. Professional Liability Each Claim Annual Aggregate $1,000,000 $1,000,000 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 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. e. Cyber Liability - Each Claim Annual Aggregate $500,000 $500,000 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. f. Abuse and Molestation Liability Each Claim Annual Aggregate $1,000,000 $1,000,000 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. FY25 City of Clearwater Charting the Course for Youth Page 15 of 28 Docusign Envelope ID: 545739A3-73C8.421D-A9E9-ECOA3D84EF02 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. g. 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 off premises): $300,000 Computer Fraud: $300,000 Funds Transfer Fraud: $300,000 h. 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 N/A i. Pollution Legal Liability 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. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: Each Claim N/A FY25 City of Clearwater Charting the Course for Youth Page 16 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 Annual Aggregate N/A JWB and JWB's Board members, employees, volunteers, and agents shall be included as an "Additional Insureds" on the policy. j. Drone Liability Each Claim Annual Aggregate N/A N/A Provider shallmaintain liability coverage for both bodily injury and property damage naming "JWB and JWB's Board members, employees, volunteers, and agents" as additional insureds on a primary and non- contributory basis. k. 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. 1. 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. 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. m. Notice of Cancellation FY25 City of Clearwater Charting the Course for Youth Page 17 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 All required policies must be endorsed to provide JWB with thirty (30) calendar days' prior notice of cancellation. n. 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. o. Self -Insurance Notwithstanding any provision in this agreement to the contrary, and only with the prior written approval of JWB, the specified insurance requirements may be satisfied by a certification of a valid program of self- insurance established and maintained in accordance with all applicable Florida laws and regulations. p. 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. If Provider cannot meet this timeline, notification must be made to the assigned JWB Program Consultant and maintain communication until such time as evidence of insurance can be submitted to JWB. 26. 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. 27. Certification that Provider is legally able to contract with JWB In compliance with F.S. 287.135(2)(a), a Provider is ineligible to and may not enter into a contract with JWB if the FY25 City of Clearwater Charting the Course for Youth Page 18 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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(2)(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. 28. E -Verify In accordance with F. S. 448.095(5), no later than the first date of the term Agreement, Provider must register with and use the U.S. Department of Homeland Security's E -Verify system to verify the work authorization status of all employees hired on or after the first date of the term Agreement and during the remainder of the term of this Agreement. Evidence may consist of, but is not limited to, providing notice of your E -Verify number. Instructions on how to provide proof of participation/E-Verify enrollment is on the U.S Department of Homeland Security's E - Verify website. The statute also applies to subcontractors performing work under this Agreement. The subcontractor must use the E -Verify system for any employees it may hire during the term of this Agreement. The Subcontractors must provide affidavits stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in F. S. § 448.095. Subcontractors are defined in F.S. 448.095 as a person or entity that provides labor, supplies or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. Provider must maintain copies of all subcontractor affidavits for the duration of the JWB Agreement and these affidavits shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. Notwithstanding any other terms of this Agreement, if JWB has a good faith belief that you have knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, JWB shall terminate this Agreement. Provider may be liable for all costs associated with JWB securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute, Provider may not be awarded a public contract for a period of one (1) year after the date of termination. FY25 City of Clearwater Charting the Course for Youth Page 19 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 64- hiviktOin, Chief Executive Officer: Juvenile Welfare City Manager: City of Clearwater Board of Pinellas County Beth A. Houghton 8/19/2024 1 1:13 PM EDT Jennifer Poirrier p „ t-unbeA7 i)- .)-02ttl Date Date FY25 City of Clearwater Charting the Course for Youth Approved as to form: Melissa Isabel Senior Assistant City Attorney Attest: ./L1,4-UVlia(Z1 04 -et ,v,4„0„), Date Rosemarie Call City Clerk Page 20 of 28 Date Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 Attachment 1 Special Conditions of the Agreement The following condition(s) applies to the Program: Charting the Course for Youth As a condition of JWB funding, the Provider and all facilities are required to maintain licensure by the Pinellas County Licensing Board (PCLB). Facilities not required to be licensed must maintain a Certificate of Substantial Compliance issued by PCLB. Facilities operated during the summer only are considered Summer Day Camps pursuant to PCLB current regulations. 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. At all times during this Agreement, Provider and/or facility's license must be considered in Good Standing, which is defined as having no probationary license. If a probationary license is issued, this may result in JWB corrective action. Provider authorizes JWB to speak with PCLB, and any other entity regulating the Provider about anything relevant to Provider's childcare license, history of providing care or anything else deemed relevant by JWB. Should Provider be a party to any written agreement with the Early Learning Coalition (EL C) during the term of this Agreement, Provider must advise JWB in writing of the contract. If Provider's contract with ELC is terminated at any time during this Agreement, Provider must, within twenty-four (24) hours, notify JWB in writing and Provider or facility may no longer be qualified to provide the services pursuant to this Agreement. At all times during this Agreement, Provider must be considered in Good Standing with ELC, which is defined as having no contract probation and no outstanding corrective action with ELC. If an ELC contract is in probationary status or terminated, this may result in JWB corrective action. Provider authorizes JWB to speak with ELC and any other entity regulating the Provider about anything relevant to Provider's ELC contract, childcare license, history of providing care or anything else deemed relevant by JWB. The Provider shall upload a Safety Around Water (SAW) end of the year report to JWB's Secure Portal or the JWB Participant Management System by October 15th. The report shall include aggregate data from the fiscal year including the total number of unduplicated youths served through SAW. The Provider will work with the assigned JWB Evaluator to implement the Florida Afterschool Network Quality Self -Assessment. The Provider must identify a self-assessment coordinator who will work with the JWB Evaluator to conduct the self-assessment. The self-assessment must be completed and associated performance improvement plan (as appropriate) must be established by the end of the fiscal year. Provider approved COST program shall adhere to the JWB approved Program Service Matrix Model Program Components for Out of School Time Programming. General Condition #10 -Assignments and Subcontracts- The last sentences of paragraph two and of paragraph three in this section are waived: Provider is exempted from submitting Subcontracts and Subcontract monitoring FY25 City of Clearwater Charting the Course for Youth Page 21 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 documentation for individual (not incorporated) providers of overlay services and tutoring services if said individuals of those services are not left alone with children. All other terms of General Condition #10 shall remain the same. 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. All vehicles used by the Provider to transport any program participants in a JWB funded program must be equipped with an alarm system approved by the Department of Children and Families and meet the criteria in the Child Care/School Age (CC/SA) Facility Handbook that prompts the driver to inspect the vehicle for the presence of children before exiting the vehicle. Alarms must be installed and maintained according to the manufacturer's recommendations. The following condition(s) applies to the Provider: City of Clearwater General Condition #11 - Confidential Information- fifth paragraph, 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 Conditions #25 - 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 Condition #25. FY25 City of Clearwater Charting the Course for Youth Page 22 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 General Condition #26 - 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." General Condition #2f - The last sentence is waived: Provider is not required to submit a Continuity of Operations Plan to JWB. General Condition #2h - The sentence is waived. Due to the Provider being subject to the Code of Ethics for Public Officers and Employees, adopted by the Legislature as Part III of Chapter 112, Florida Statutes, the Provider is not required to have a written conflict of interest policy and to obtain appropriate signed statements from its governing board members, officers, and employees on an annual basis. General Condition #6 - Board Members and Training is waived. FY25 City of Clearwater Charting the Course for Youth Page 23 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 Attachment 2 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 Participants are eligible Countywide Participants are eligible who reside in the following ZIP codes: Participants are eligible from the following service areas: Charting the Course for Youth FY25 City of Clearwater Charting the Course for Youth No Page 24 of 28 Participants will primarily reside in zip codes 33755,and 33756. In addition, participants can reside in surrounding mid and north county zip codes. Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 Attachment 3 Juvenile Welfare Board *In order Business to receive payment on Reimbursement Date,invoices/reimbursement request must be submitted to JWB by Close of on the Submission Due Date (Wednesday), to allow foreview, and approval by JWB staff_ _pper ACCOUNTS PAYABLE SCHEDULE FY 2025 Pay# Submission Due Date * (Wednesday) Reimbursement Date (Friday) 1 10/02/24 10/11/24 2 10/16/24 10/25/24 3 10/30/24 11/08/24 4 11/13/24 11/22/24 5 11/27/24 12/06/24 6 12/11/24 12/20/24 7 12/25/24 01/03/25 8 01/08/25 01/17/25 9 01/22/25 01/31/25 10 02/05/25 02/14/25 11 02/19/25 02/28/25 12 03/05/25 03/14/25 13 03/19/25 03/28/25 14 04/02/25 04/11/25 15 04/16/25 04/25/25 16 04/30/25 05/09/25 17 05/14/25 05/23/25 18 05/28/25 06/06/25 19 06/11/25 06/20/25 20 06/25/25 07/04/25 21 07/09/25 07/18/25 22 07/23/25 08/01/25 23 08/06/25 08/15/25 24 08/20/25 08/29/25 25 09/03/25 09/12/25 26 09/17/25 09/26/25 27 10/01/25 10/9/25 (September business) 28 10/15/25 10/23/25 (September business) FY25 City of Clearwater Charting the Course for Youth Page 25 of 28 Docusign Envelope ID: 545739A3 -73C8-421 D-A9E9-ECOA3D84EF02 Attachment 4 Document Submittal Chart This chart is intended as a guide. Submittals required in the General and Special Conditions of the Agreement supersede this guide. Provider Document Approved program methodology Time Frame Throughout the period of the Agreement Submit To 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 Executive Officer Board Member List- Waived Within thirty (30) calendar days of the effective date of this agreement and approval of any change of board composition Agency Specific JWB Secure Portal Site Subcontracts- Waived in the case of independent providers of tutoring and overlay providers 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 Incident Reports Within one (1) business day of knowledge of any incident IRreviewteam@jwbpinellas.org FY25 City of Clearwater Charting the Course for Youth Page 26 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 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 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 Documents Available Upon Request Provider Document COOP Time Frame Available for review by JWB personnel upon request. Board Training (Outline of topics, members in attendance, and who provided training) Available for review by JWB personnel upon request. Drug -Free Workplace policy Available for review by JWB personnel upon request. FY25 City of Clearwater Charting the Course for Youth Page 27 of 28 Docusign Envelope ID: 545739A3-73C8-421D-A9E9-ECOA3D84EF02 Attachment 5 City of Clearwater Charting the Course for Youth Performance Measurement 10/1/2024 - 9/30/2025 Outcome Measure Target Description 90% of eligible participants will indicate satisfaction in all applicable domains in the program's OST survey. 95% of participants will miss less than 10% of school days % of youth participants that demonstrate learning gains on the FAST English Language Arts % of youth participants that demonstrate learning gains on the FAST Mathematics Process Measure Notes The survey assesses participant opinions about satisfaction in the program, including in the domains of program engagement, SEL, leadership, academics, STEAM, and healthy decision making. Eligibility is defined as being enrolled in grades 3 or higher, enrolled before January, and active during the administration period (April). The denominator includes all participants who are eligible, while the numerator counts the number of people, out of those eligible, who took the survey. Applicable domains include program engagement, SEL, academics, and STEAM. This will include both excused and unexcused absences from school. Eligibility: Participants who are enrolled between the months of Aug of the prior FY and May who have at least 30 days of programmatic attendance. Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. This measure is a baseline measure while sufficient data is collected in order to establish a target. Learning gains are defined by Pinellas County Schools in accordance with guidelines from the Florida Department of Education. This measure is a baseline measure while sufficient data is collected in order to establish a target. Target Description 65% of eligible participants continued in the program for at least two consecutive years. 70% of eligible participants will attend 70% of program days or more FY25 City of Clearwater Charting the Course for Youth Notes Eligibility: Any participant who could return to the program. Initially in the program 30 days. Currently in the program 30 days or more. Consecutive years: Served in two fiscal years back to back. Eligibility: Participants who attend the program for at least 30 days Page 28 of 28 Certificate Of Completion Envelope Id: 545739A373C8421DA9E9ECOA3D84EF02 Subject: FY25 City of Clearwater - CTCFY Agreement for Signature Source Envelope: Document Pages: 29 Certificate Pages: 6 AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC -05:00) Eastern Time (US & Canada) Signatures: 6 Initials: 0 an Status: Original 8/14/2024 4:31:05 PM igner Eve Elaine Melkioty emelkioty@jwbpinellas.org Senior Manager, Program Administration JWB - Pinellas Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Megan Seales mseales@jwbpinellas.org Senior Manager, Performance and Evaluation JWB - Pinellas Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stacey Gill sgill@jwbpinellas.org Sr Program Finance Manager JWB - Pinellas Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Boggess KBoggess@jwbpinellas.org Chief Program Officer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/19/2024 8:50:28 AM ID: 663d0c9d-fb31-4ff0-ba92-8ae8b75fb6ae Holder: Desmon Newton dnewton@jwbpinellas.org nate E Httk;4tq Signature Adoption: Pre -selected Style Using IP Address: 35.137.197.201 11t ta,n. Ss 11k.o. Signature Adoption: Pre -selected Style Using IP Address: 47.205.87.14 StAuT Signature Adoption: Pre -selected Style Using IP Address: 65.35.26.7 ruA, bog -SS Signature Adoption: Pre -selected Style Using IP Address: 136.174.187.5 DocuSign. Status: Completed Envelope Originator: Desmon Newton 14155 58th Street North Clearwater, FL 33760 dnewton@jwbpinellas.org IP Address: 67.9.146.57 Location: DocuSign Sent: 8/14/2024 4:44:45 PM Viewed: 8/15/2024 10:45:39 AM Signed: 8/15/2024 6:27:55 PM Sent: 8/15/2024 6:27:57 PM Resent: 8/16/2024 11:04:46 AM Viewed: 8/16/2024 4:00:32 PM Signed: 8/16/2024 4:01:50 PM Sent: 8/16/2024 4:01:52 PM Viewed: 8/16/2024 4:10:07 PM Signed: 8/16/2024 4:10:28 PM Sent: 8/16/2024 4:10:30 PM Viewed: 8/19/2024 8:50:28 AM Signed: 8/19/2024 8:52:29 AM Signer Even Robbi Stivers rstivers@jwbpinellas.org Chief Financial Officer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Beth Houghton bhoughton@jwbpinellas.org CEO Juvenile Welfare Board Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/19/2024 1:00:23 PM ID: 4beb6605-dc9a-4316-9681-x541 c4fb96c4 ►ignature f olki S{i‘44,5 Signature Adoption: Pre -selected Style Using IP Address: 35.145.140.133 R Signature Adoption: Pre -selected Style Using IP Address: 47.201.200.154 Signed using mobile Timestam Sent: 8/19/2024 8:52:31 AM Viewed: 8/19/2024 11:52:17 AM Signed: 8/19/2024 11:57:07 AM Sent: 8/19/2024 11:57:11 AM Viewed: 8/19/2024 1:00:23 PM Signed: 8/19/2024 1:13:07 PM Sandy Clayton Sandra.Clayton@myclearwater.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mallory Armstrong marmstrong@jwbpinellas.org Department Coordinator Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COPIED COPIED Sent: 8/19/2024 11:57:09 AM Viewed: 8/19/2024 2:58:22 PM Sent: 8/19/2024 1:13:09 PM Envelope; Envelope Sent Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked menta__, 8/14/2024 4:44:45 PM 8/15/2024 1:42:20 PM 8/15/2024 1:42:20 PM 8/19/2024 1:00:23 PM 8/19/2024 1:13:07 PM 8/19/2024 1:13:09 PM Payment Event imestamps Electronic Recordeand Signature Disclosure Electronic Record and Signature Disclosure created on: 8/13/2024 11:40:41 AM Parties agreed to: Karen Boggess, Beth Houghton ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Juvenile Welfare Board (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Juvenile Welfare Board: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by phone call: 727-453-5600 To contact us by email send messages to: sphillips@jwbpinellas.org To contact us by paper mail, please send correspondence to: Juvenile Welfare Board 14155 58th Street North Clearwater, FL 33760 To advise Juvenile Welfare Board of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at sphillips@jwbpinellas.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Juvenile Welfare Board To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to sphillips@jwbpinellas.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Juvenile Welfare Board To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to sphillips@jwbpinellas.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Juvenile Welfare Board as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Juvenile Welfare Board during the course of your relationship with Juvenile Welfare Board.