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HomeMy WebLinkAboutAgenda Packet City Council - 10/16/2007CITY COUNCIL AGENDA OCTOBER 16, 2007 Corpus Christi mI-America City Public Notice is hereby iven that the City Council will hold a Workshop Meeting on Tuesday, October 1 , 2007 beginning at 8:00 A.M. in the City Council Chambers to receive a Staff presentation and discuss the Capital g � Improvement Projects Program Planning Process. 11:45 A.M. - Swearing -in ceremony of newly appointed Part -time Municipal Court Judges Proclamation declaring October 12, 2007 as "Corpus Christi Metro Ministries' 25'h Anniversary" Proclamation declaring October 12, 2007 as "White Cane Safety Day" Proclamation declaring the week of October 14-20, 2007 as "National Business Womens Week" Proclamation declaring the week of October 14-20, 2007 as "'MCA Week Without Violence" Proclamation declaring the week of October 19 -21, 2007 as "47th Annual Texas Jazz Festival" Proclamation declaring the month of October as "National Disability Employment Awareness Month" Commendation: Toni Norrell, Awarded the Presidential Award for Mathematics and Science Swearing -in ceremony of newly appointed Board, Commission and Committee members "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 OCTOBER 16, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12: p.m. or at the end of the Council Meeting, whichever is earlier. Tease speak into the microphone located at the podium and state your name and address. Your petition please present it to presentation will be limited to three minutes. if you have etition or other information pertaining to your subject, p the City Secretary. i Listed desea dirt rise al Con ilio y tree que su ingl s es limita lo, habra urn interprete ingl s -espar of en Codas las juntas del ConciIio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Rod Carver, Calvary Chapel Coastlands. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter officers. Mayor Henry Garrett Mayor Pro Tem Mike Hummel! Council Members: Melody Cooper Larry Elizondo, Sr. Bill Ike l ly Priscilla G. Leal Michael McCutchori John E. Marez Nelda Martinez City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting October 16, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINJITESi 1. Approval of Regular Meeting of October 9, 2007. (Attachment #1) F. BOARDS & COMMITTEE APPOI TMEI TS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (Atthis point the council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $2,253,758 to the United States Department of Homeland Security/National Telecommunications information Administration for funding eligible under the Public Safety Interoperable Communications PSIS Grant. Funds will be used for the enhancement of voice Agenda Regular Council Meeting October 16, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) interoperability on the 800 MHz radio system, with a City match of $563,440, for a total grant application of $2,817,198, and authorizing the City City Manager ar his designee to apply for, accept, reject, alter, or terminate the grant. (Attachment #2) 3. Resolution authorizing the City Manager or his designee to execute a consulting services contract with the Corpus Christi Independent School District in the amount of $78,500 for two officers to provide drug abuse and gang resistance instruction to sixth -grade students. (Attachment #3) 4. Motion authorizing the City Manager or his designee to execute a contract with The Bag Lady, Inc., guaranteeing the delivery of specific tonnage of acceptable waste to the Cefe Valenzuela Landfill for a period of twenty years, commencing upon opening of the landfill. (Attachment #4) 5. Ordinance authorizing the City Manager or his designee to execute a Temporary Use Privilege Agreement with Corpus Christi Metro Ministries, ("Permittee") of 1919 Leopard Street, Corpus Christi, Nueces County, Texas, to use a portion of undeveloped and unsurfaced dedicated public right -of -way, located between 1919 Mestina Street and 1921 Mestina Street (Lots 2 through 7, Block A, Missouri Improvement Co. Tract), as a Temporary Construction Storage Yard in conjunction with the construction and expansion of the Corpus Christi Metro Ministries Loaves and Fishes Building, located at 1906 Leopard Street, in consideration of payment of $243.20 per month. (Attachment #5) 6. Ordinance abandoning and vacating a 925.35- square foot portion of a 5-foot wide utility easement U.E. No. 1) and an 862.50- square foot portion of a 5-foot wide utility easement .E. No. 2) out of Lots 2 -A and 3, Lawnview Annex, adjacent to Marguerite Street; requiring the owner to comply with the specified conditions. (Attachment #6) 7.a. Ordinance appropriating $250,000 from the Reserved for Capital Repair Work in the Business and Economic Development Fund 1140 for construction of a Right Field Party Deck at111 Whataburger Field; amendin g FY 2007-2008 Annual Budget adopted by Ordinance No. 027352 to increase appropriations by $250,000. (Attachment #7) Agenda Regular Council Meeting October 16, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the Stadium Lease Agreement between the City of Corpus Christi, Texas and Round Rock Baseball, Inc., and assigned to Corpus Christi Baseball Club, L.P. a Texas Limited Partnership to authorize the use of Capital Repair Funds for alterations, additions and new improvements subject to Lessee paying supplemental rent to replenish the Capital Repair Fund; providing for publication. (Attachment #7) 7.c. Motion authorizing the City Manager or his designee to execute a Design and Construction Contract with Corpus Christi Baseball Club, L.P. of Corpus Christi, Texas in the amount of $250,000 for the construction of a Right Field Party Deck at 1I hataburger Field. (Attachment #7) 8.a. Motion authorizing the City Manager or his designee to execute a contract with the center for Coastal Studies, Texas A&M University-Corpus Christi not to exceed $'180,980 for Ammonia and iolo g ical Monitoring associated with the Rincon Bayou Diversion Project 2007 -2008. (Attachment ##8 8.b. Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A&M University- Corpus Christi not to exceed $122,181 for salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2007 -2008, (Attachment #8) . Motion authorizing the City Manager or his designee to execute a contract with the Harte Research Institute, Texas A&M University-Corpus Christi not to exceed $58,500 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2007 -2008. (Attachment #8) Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,231 for Biological Monitoring Services associated with the Rincon Bayou Diversion Project 2007-2008. (Attachment #8) Agenda Regular lar Council Meeting October 16, 2007 Page ciTY COUNCIL PRIORITY _ISSUES (Refer to legend at the end of the agenda summary) 9. Second Reading Ordinance Amending the Code of Ordinances, Chapter 13, Article 11, Division 2, Junked Vehicles, by repealing Sections 13-38 through 13-45 and adopting new Sections 13-38 through 18 -48; providing for an effective date; providing for publication; and providing for penalties. (First Reading 10/9/07) (Attachment #9) 10. Second Reading ordinance - Authorizing the City Manager or his designee to execute an amendment to the lease agreement with Smarte Carte, Inc., to extend the term, revise the required equipment, and amend the rental rate for baggage cart rental at the Corpus Christi International Airport; providing for publication. (First Reading 9/18/07) (Attachment #10) 1. PUBLIC HEARINGS: ZONING CASES: 11. Case No. 0907-0 ,A. C. Gilmore: A change of zoning from a "R- IB" ID" one -far it y Dwelling District to a "B- ,� General Business District on property described as Gardendale Unit 2, Block 5, Lot 23, located on Bonner Drive, approximately 300 feet west of the intersection of South Staples Street. (Attachment #11) Plannin • Commission and Staffs Recommendation: Denial ofthe D-4 " General Business District, and i Agenda Regular Council Meeting October 16, 2007 Page 12. Case No. 0907-02, shoreline oaks} Inc.: A change of zoning from a "T-1B" Manufactured Home Park District to a"R-1C" One - family Dwelling District on property described as 46.502 acres out of Lots 7, and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue Road. (Attachment #12) Plannin * Commission and Staffs Recommendation: Approval of the "R-1C" One - family Dwelling District. ORDINANCE Amending the Zoning ordinance, upon application by Shoreline Oaks, Inc., by changing the zoning map in reference to 46.502 acres out of Lots 7, 8, and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from "T -1 B" Manufactured Horne Park District to "R-1C" one - family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 13. Presentation on the Crosstown Commons Project and the Infrastructure Financing Agreement Attachment #13) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: ANCES: 14. Ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A&M University System for the benefit of Texas A&M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Josiin Road and Nile Drive, including South Guth Park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. (Attachment #14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 Agenda Regular Council Meeting October 16, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. Resolution authorizing the City Manager to execute an Inter local Agreement with the Port of Corpus Christi Authority (PCCA) of Nueces County, Texas for the removal of the Tule Lake Lift Bridge. (Attachment #15) 1.a. Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $507,000 from the Community Youth Development Program for the 78415 ZIP Code for projects as recommended by the Community Youth Development Steering Committee for FY 2007 -2008, Contract Period September mer 1, 2007 through August 31, 2008. (Attachment #16) 16.b. Ordinance appropriating $507,000 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development fund to fund the Community Youth Development Program in the 78418 ZIP Code for FY 2007 -2008, Contract Period September 1, 2007 through August 81, 2008. (Attachment #16) 16.o. Motion authorizing the City Manager or his designee to execute a subcontract with the Boys and Girls Club of Corpus Christi in the amount of $54,100 to provide services for youth ages 6 to 17 in the 78415 ZIP Code* (Attachment #16) r 16.d. Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Corpus Christi, Inc. in the amount of $176,000 to provide services for youth ages 10 to 17 in the 78415 ZIP Code. (Attachment #16) 1.e. Motion authorizing the City Manager or his designee to execute a subcontract with Planned Parenthood of South Texas in the amount of $26,651 to provide services for youth ages 10 to 17 in the 78415 ZIP Code. (Attachment #16) 1.. Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $38,1 88 to provide services for youth ages 14 to 17 in the 78415 ZIP Code. (Attachment #16) Agenda Regular Council Meeting October 16, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16.g. Motion authorizing the City Manager or his designee to execute a subcontract with IVCA of Corpus Christi in the amount of $49,095 to provide services for girls in the 4th , 5th, and 6th grades in the 78415 ZIP Code. (Attachment #16) 16.h. Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $31 ,838 to provide services for youth ages 12 to 17 in the 78418 ZIP Code. (Attachment #16) 16.i. Motion authorizing the City Manager or his designee to execute a subcontract with Parks and Recreation "Teen Trekkers" Program in the amount of $27,828 to provide services for youth ages 13 to 17 in the 78415 ZIP Code. (Attachment #16) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY IATEL 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. . PLEASE, L1MITPRESENTATIO1TOTHREE MINUTES IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL I CIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y tree que su irigl s es limitado, habra urn int rprete in les- esparto! en la r uni n de !a junta pars a ru arle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 15 NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AM NDM NT1 RIGHTS. Agenda Regular Council Meeting October 16, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. EXECUTIVE SESSio : PUBLIC NOTICE is given that the City council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City council specifically expects to go into executive session on the following matters. In the event the council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow -up on Staff assignments; scheduling of future council meetings and activities; and other brief discussions regarding city- related matters. 17. CITY MANAGER'S REPORT Upcoming items 18. MAYOR'S UPDATE 19. COUNCIL AND OTHER REPORTS ITS O. ADJOURNMENT: T: POSTING STATEMENT: T: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ` V D p.m., October 12, 2007. ,rmando Chapa City Secretary AA.1 Agenda Regular Council 1eeti g October 16, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7 :00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols is used to highlight action item that implement council priority issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular r Council Meeting October 9, 2007 - 10:00 . r . PRESENT Mayor Henry Garrett Mayor Pro Tem Mike Hurmll Council Members: Melody Cooper Larry Elizondo, Sr. Bill Kelly Priscilla Leal Michael McCutchon John Mare* Nelda Martinez City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa `arrived at 11:06 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Harvey Houston with First Church of God and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. Mayor Garrett called for approval of the minutes of the regular Council meeting of September 25, 2007. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Ards and Cultural Commission Molly Merkle (Reappointed) Gloria T. Bilaye- Benito (Reappointed) Judith Prewitt, Ph.D. (Reappointed) David Berlanga (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 -11). There were no comments from the public. Council members requested that Items 4, 5, 7, and 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007 -252 Motion approving a health benefits consultant agreement with The Hay Group, of Dallas, Texas, in accordance with Request for Proposal No. BI-0224-07 in the amount of $52,000, Funding is available in the Employee Benefits Health Fund for FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent, Minutes — Regular Council Meeting October 9, 2007 — Page 2 6.a. RESOLUTION NO. 027433 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $30580 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $25,580 for books for the new Southside Library; $3,000 for a part - time archivist for the Central Library; and $2,000 for archival supplies for the Central Library. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez Mare was absent. 6.b. ORDINANCE NO. 027434 Ordinance appropriating a grant in the amount of $30,580 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows; $25,580 for books for the new Southside Library} $3,000 for a part -time archivist for the Central Library; and $2,000 for archival supplies for the Central Library. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 8. MOTION NO. 2007-255 Motion authorizing the City Manager his designee to execute a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6-foot high x 12-foot wide mural, in the amount of $8,550 as part of the Percent for Art Program associated with the Parkdale Branch Library renovation project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 9. ORDINANCE NO. 027437 Ordinance appropriating $20000 from the Unreserved Fund Balance in the Maintenance Services Fund 5110 for roof repairs at the Asian Cultures Museum ; changing Ordinance No. 027352 which adopted the FY 2007 -2008 Operating Budget to increase appropriations by $20,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 11. RESOLUTION NO. 027439 Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project, on a tract of land known as Parcel 1 ; and fora related Inundation and Drainage Easement known as Parcel 16A; both out of Lot 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts; from the owners, William C. Oliver, Virginia Oliver Bettiga, Patricia L. Oliver Minutes -- Regular Council Meeting October 9, 2007 — Page De long, and Bessie J. Oliver, Individually and as community survivor for the estate of Charles D. Oliver, Jr.; for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting ;Aye "; Marez was absent. Mayor Garrett opened discussion on Item 4 regarding a supply agreement for ferrous sulfate for the Wastewater Department. Council Member Leal asked for the amount of ferrous sulfate used in fiscal year 2007. Assistant Director of Financial Services Michael Barrera said the bid amount of 816,000 gallons represented the use over the last twelve months. Council Member Leal asked questions regarding the budgeted amount for Items 4 and 5. Mr. Barrera said the required amount for FY2007-2008 was for a 10 month period. In reference to Item 5, Ms. Leal asked why the Greenwood Plant and Whitecap Plant were not receiving the sodium bisulfite solution. Director of Wastewater Operations Foster Crowell explained that the Greenwood and Whitecap Plants are ultraviolet and the chemicals are not required. City Secretary r Chapa polled the Council for their votes as follows: 4. MOTION NO. 2007 -253 Motion approving a supply agreement with Pen, Inc., of San Felipe, Texas for approximately 816,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0006-08 based on only bid for an estimated annual expenditure of $339,740 of which $283,117 is budgeted in FY 2007 -2008. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 5. jQTIONNO.2007-254 Motion approving a supply agreement with Cal Brian Corporation, of Lisle, Illinois, for approximately 865,000 pounds of sodium bisulfite solution for use at the wastewater treatment plants in accordance with Bid Invitation No. 131-0225-07 based on low bid for an estimated annual expenditure of $162,620 of which $135,517 is required in FY 2007 -2008. The terra of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or hs designee. Funds have been budgeted by the Wastewater Department in FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 7 regarding the Parkdale Branch Library. Council Member Leal requested preliminary numbers for the cost to rebuild a new Greenwood Library. City Manager Noe said an estimated cost for the renovation or replacement of the Greenwood Library would be included in the list of projects for the 2008 Bond Issue. Council Member Kelly thanked Director of Libraries Herb Canales and staff for their work on the renovation of the Northwest Library. City Secretary Chapa polled the Council for their votes as follows: Minute — Regular Council Meeting October 9, 2007 — Page 7.a. RESOLUTION NO. 027435 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000 for improvements to the Parkdale Branch Library. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Are "; Marewas absent. 7.b. ORDINANCE NO. 027436 Ordinance appropriating $29,138.86 into the Library Capital Improvement Program Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources; $25,000 from the Friends of Corpus Christi Public Libraries; and $413886 from unappropriated interest earnings from the Library Capital Improvement Program Fund No. 3210; changing FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $29,1 38.86. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; e' ; Mare was absent. Mayor Garrett opened discussion on Item 10 regarding the hiring of staff and purchasing of supplies and equipment for the Crime Control and Prevention District. In response to Council Member Rummell, City Manager Noe explained that it was a legal requirementthatanyaction taken by the Crime Control and Prevention District must have concurrence from the City Council. Council Member Rummell asked questions regarding the duties and responsibilities of the Graffiti Coordinator and the Senior Staff Assistant. Police Chief Bryan Smith provided a list of duties for each position. Mayor Garrett asked staff to keep the Council informed on the graffiti process. City Secretary Chapa polled the Council for their votes as follows: '10. ORDINANCE NO. 027438 Ordinance appropriating $124,844 from the unreserved fund balance No. 9010 Crime Control District Fund for the hiring of to civilian positions, equipment, and supplies in the FY 2007-2008 Operating Budget; changing the F Y 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $124,644. An emergency wa declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. * * * * * * * * * * * * ale Mayor Garrett referred to Item 13 regarding the City's Americans with Disabilities Act (ADA) Title Transition Plan and the City's Non - Discrimination Ordinance. Leon Bazar, Director of Human Relations, referred to a powerpoint presentation including an overview of the Human Relations Department; ADA updates on the "Trash Pick -Up' Program; accessibility grievances, public accommodations and technical assistance; innovative and proactive ADA initiatives; Committee for Persons with Disabilities} Equal Employment Opportunity Commission/Fair Employment ent Practices Agency Employment Discrimination; and HUD Fair Housing Discrimination. Minutes — R a ularCouncil Meeting October 9, 2007 — Page Council Members bers asked questions regarding the "Sail Away" program; public awareness on the concerns that may impact a path of travel and non-compliant parking; programs that identify areas in the community that need accessibility; and enforcement of non-compliant ADA parking. Council Member Leal reported a sidewalk problem near the entrance to Sanders Elementary School. Mayor Garrett referred to Item 12 regarding a report by Chiang, Patel & Yerby (CP&Y) Inc. related to the recent public water quality issues. Walter Chiang, CP&Y, thanked the Council f r the opportunity to work on the evaluation and said the presentation would include interviews with staff and operators, examination of the facilities, discussions with TCEQ and the consultants, findings and suggestions for prevention in the future. Ed Motley, Senior Vice President, referred to a p werp int presentation including the characteristics of a model water supply; background on the water situation; the responsibilities of the cP &Y independent review; current status of the water department; a timeline of occurrences; a map showing the location of low chlorine residuals; causes for the occurrences; a map indicating locations of positive samples; suggestions to prevent future occurrences; and conclusion. Mr. Motley emphasized that CP &Y sees no public health concern with the Corpus Christi's Public Water Supply System. Council members asked questions regarding the consultant that reviewed the sampling procedures; whether opening fire hydrants would cause reduction in pressure; if the pressure drops allowed infiltration into the system; the pressure when fire hydrants aren't opened and where the pressure is measured; citation from TCEQ for water pressure; the number of false positives during the year; the change in disinfectant; how bacteria survives in the water system; if the city has previously done a maintenance burn (free chlorinate); the nitrate /nitrite process; whether maintenance burn has been incorporated in procedures; how an annual wintertime free chlorination will prevent duplicating events; whether the consultant was aware that using a stronger disinfectant would release bacteria film; investigation of faulty laboratory procedures; adequate funding; design of the system as a possible cause; how long consultants have overseen the water department; whether consultants were charged with the chlorination process; spending on bottled water in City Hall; violations for notification to the public; how long the City was aware of the situation; time period for notification; the laboratory's notification to ICE and staff; the confusion of the 24 hour deadline; the reason TCEQ required a City wide boil notice instead of just the affected areas; review of supplemental budgets; policies changes; liability concerns; and the number of dead ends compared to other cities. Council Member McCut h n asked staff for suggestions on modifying an ordinance to prohibit the installation of dead end mains from this point forward. Dr. McCut h n also requested a report on the percentage of total water usage for flushing dead end lines. Council Member Leal requested copies of the supplemental budget for 2006 -2007; the old and new policies for the Water Department; and a biweekly report on the flushing of the water at dead end mains. Ms. Leal also asked staff to consider announcing the flushing of water mains on the City's website or public access channel. Council Member Marez asked staff to set up a meeting with the Del Mar Neighborhood Association to discuss the issues of receiving water into the system for that area. Mayor Garrett called for petitions from the audience. Abel Alonzo, 1701 Thames, thanked Director of Human Relations Leon Bazar, Director of Engineering Angel Escobar, and their staff, for . their work t eliminate the barriers that exist regarding ADA. He also spoke regarding the minimal funding available for making the community totally accessible. Minutes — Regular Council Meeting October 9, 2007 -- Page Mayor Garrett referred to Item 1 regarding an update on the Tule Lake Lift Bridge. Port of Corpus Christi Executive Director John LaRue addressed the railroad access issue and stated that the Port will propose to pay for total cost of the removal. Frank Brogan, Director of Engineering for the Port of Corpus Christi, referred to a powerpoint presentation including a background of the bridge and recent events; maps showing the locations of the Inner Harbor, refineries, railroads and highways; history of the Lift Bridge; pictures and condition of the Lift Bridge; the southeast shaft crack depth growth rate; alternatives and decision to remove the Lift Bridge; impact on the local industry and nation; rail access issues and replacement; and the plan for removal. Council Members asked questions regarding the entity that paid for the cost of the overhaul in the early 1990s; the reason the title of the bridge had to be transferred; the Port's use of the bridge; anticipated closure of the Ship channel; whether the Port is in support of accelerating construction of the Highway Exchange; and the benefit to the City to convey the Bridge to the Port. Mayor Garrett opened discussion on Item 15 regarding approval of the 2007 Tax Levy. Director of Financial Services Cindy O'Brien said staff recommended approval of the 2007 Tax Levy of $72790741 and provided a review of the actual certification submitted by the Nueces County Tax Assessor's office. Council Members asked questions regarding the difference between the actual numbers and the previous estimates; future adjustments to the budget to deal with actual numbers; the late rendition penalty; and the amount of funds over budgeted. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 200 7-256 Motion approving the 2007 Tax Levy of $72,790,741.58 based on the adopted tax rate of $0.563846 per $10Q valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, McCutchon, Marren, and Martinez, voting "Aye "; Leal voting "No" Mayor Garrett opened discussion on Item 16 regarding amendments to the Junk Vehicle Ordinance. Yvonne Haag, Director of Neighborhood Services, introduced the participation team including Procurement & General Services Supervisor Paul Pierce, Zoning and Code Administrator Robert Quiroz, and Assistant City Attorney Elizabeth Hundley. Ms. Haag referred to a powerpoint presentation including a background of the ordinance; proposed amendments to incorporate state mandate and additional city provisions; implementation of a new abatement method with salvage companies; standard operational procedures; compliance scenarios; and timeline for implementation. Council meribers asked questions regarding whether City ordinance can override state law; increase in code enforcement officers; costs to property owners; location of the vehicle on property; the court that will hear junk vehicle cases; inapplicability of division; tracking of notification; whether Minutes — Regular Council Meeting October 9, 2007 — Page 7 the court will grant exemptions in certain situations; communication with vehicle owners; contact number for the program; the enforcement process and who will be notified and responsible; the definition of a vehicle; the consideration of boats; potential for abuse by salvage companies; classification of an antique vehicle; and title transfers to salvage companies. Abel Alonzo, 1701 Thames, spoke in support of the ordinance. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 13, Article 11, Division 2, Junked Vehicles, by repealing Sections 13-38 through 13-45 and adopting new Sections 13-38 through 13-45; providing for an effective date; providing for publication; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hu moll, Kelly, Leal, McCutchon, tare , and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 17 regarding the noise ordinance. Chief of Police Bryan Smith explained that the amendment to the ordinance is to include a provision for HVAC systems to allow for a noise reading from the nearest exterior wall of an adjacent building or residents. Randy Newman, 1 001 Blucher Street; Tracey Smith, 211 N. Chorizo; and Henry Williams, 2422 Summer Street, provided a list of concerns and suggestions for consideration regarding the noise ordinance. Chief Smith said that several of the issues listed have been addressed in the current ordinance or by state law. Mark S h berg, Director of Concrete Street, spoke regarding experimental testing with sound masking technology at Concrete Street. Bill Durrill, 210 Del Mar, said that Concrete Street is continuing to have good dialogue with the Hillcrest Community. Council members asked questions regarding the timeframe for decibel readings; the duration for exceeding the decibel level; enforcement standards; provisions and enforcement for profanity; sound mitigation; Concrete Street's commitment to being a good neighbor; and the number of citations issued for profanity regarding state law. City Secretary Chapa polled the Council for their votes as follows: 17.a. MOTION_ N . 2007-257 Motion to amend prior to second reading the Ordinance amending the Code of Ordinances, Chapter 31 Noise, by amending Section 31-60), by adding HVAC systems to the definition and revising the noise measurement process for related machinery. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, McCutchon, Marez and Martinez, voting "Aye "; Leal voting "No "; Cooper was absent, Minutes -- Regular Council Meeting October 9, 2007 — Page 8 17.b. ORDINANCE NO. 027440 Amending the Code of ordinances Chapter 31 Noise, by repealing the existing chapter and adopting a new Chapter 31 Noise; providing for publication; and providing for penalties. (First Reading 9/25/07) The foregoin ordinance wa passed and approved on its second reading as amended with the following vote: Garrett, Elizondo, Hummell, Kelly, McCutchon, Mare and Martinez, voting "Ayes,; Leal voting "No "; Cooper was absent. Mayor Garrett opened discussion on Item 18 regarding the use of land for a regional park. Director of Parks and Recreation Sally Gavlik explained that this item was supporting the use of 128 acres for a regional park adjacent to J.C. Elliott Landfill by the Nueces River Authority in partnership with the Coastal Bend Regional Parks Association. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION LUTIO NO. 027441 Resolution supporting the use of 128 acres adjacent to J. C. Elliott Landfill by Nueces River Authority in partnership with Coastal Bend Regional Parks Association for use as a regional park. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting 'Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 19 regarding the Parkdale Library Renovations. Director Engineering Angel Escobar said the contract award was for the Base Bid and Additive Alternate No. 1. Mr. Escobar added that the contractor has agreed to hold the bid prices for Additive No. 2 for 60 days in anticipation of additional donations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2007 -258 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $790,547 with Van Fleet Construction, of Kingsville, Texas for the Parkdale Library Renovations Project for the Base Bid and Additive Alternate No. 1. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 20 regarding the renaming of the Parkdale Branch Public Library. Herb C n le , Director of Libraries, explained that the Library Board is modifying their original recommendation to rename the Parkdale Branch Library the' William T. Neyland Public Library" to include M. Anita T. Neyland. Council Member Marez thanked the Neyland family for their contribution and asked to recognize the family members on behalf of this council. Minutes — Regular C un it Meeting October 9, 2007 — Page 9 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 027442 Resolution authorizing the renaming of the Parkdale Branch Public Library to the "Anita W.T. Neyland Public Library" as recommended by the Library Board, upon completion of improvements to the facility; and repealing Resolution No. 026129, which previously authorized the renaming of the Park dale Branch Public Library to the "William T. Neyland Public Library" The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, ll, Kelly, Leal, McCutchon, hon, lar and Martinez, voting "Aye"; Cooper wa absent. * * * * * * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 21. Executive Session under Texas Government Code Section 551 .074, Personnel Matters, for deliberations on Municipal Court Judges regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 21. MOTION N . 2007 -259 Motion appointing Craig Henderson, Christopher Matt and Patrick O'Hare as Part -Time Judges of the Municipal ipal Court of Corpus Christi, Texas effective October 9, 2007 and setting their salaries at an hourly rate equal to that of the other Municipal Court Judges to work hours as determined by the Presiding Judge to terms co-terminous with those of the City Council. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, tar and Martinez, voting "Aye's; Cooper was absent. * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe announced the Capital Improvement Program workshop scheduled for October 16t' at 8:00 a.m. prior to the regular Council Meeting. Mr. Noe announced the Grand Opening of the Spay and Neuter Clinic on Friday, October 12`h at 10:30 a.m. at the Animal Care Facility on Holly Road. City Manager Noe provided information regarding the ongoing program for National Fire Prevention Month to distribute smoke alarms to the community. Mayor Garrett called for Council concerns and reports. Council Member cCut h n announced the Town Hall Meeting scheduled at Montclair Elementary School on October 15th at 6 :00 p.m. Minute — Regular Council Meeting October 9, 2007 — Page Council Member Leal asked questions regarding a summary provided of CDBG grant allocations. City Manager Noe explained that the list did not included projects that didn't have a geographic location and said staff would provide the full list of projects. Ms. Leal thanked Director of Solid Waste Jeffery Kaplan, Assistant Director of Street Services Andy Leal, and the Street Department staff for fixing the potholes at the Greenwood Baseball Complex. M. Leal thanked Director of Neighborhood Services Yvonne Haag and the Neighborhood Services Department for clearing the high weeds on Williams Drive. Ms. Leal spoke regarding the infrastructure agreement for Rose Acres Colonias and the condition of the greens at Gabe Lozano Sr. Golf Course. Council Member Leal thanked entertainer .Juan Gabriel for performing in Corpus Christi. M. Leal expressed condolences to State Representative Abel Herrero on behalf of her family and the citizens of District 3. Council Member Martinez thanked the Development Services staff and Director of Neighborhood Services Yvonne Haag for their help with Habitat for Humanity. Council Member Elizondo also expressed his condolences to the Herrero family. Mr. Elizondo asked staff to see if the sign at the ne w McDonalds located at Staples and Yorktown is in compliance. Mr. Elizondo asked staff' to clear out the ditch on Yorktown in front of the Barking Lot Grooming business. Council Member Kelly asked for the status on the new sign ordinance. Council Member Hummell asked if the Renewal Community area extends to the Memorial Coliseum property. Mr. Rummell asked questions regarding the design for evaporation ponds at the Cefe Valenzuela Landfill. Mr. Hummeil reported a citizen complaint at 3042 Topeka of dirt piling from the street drainage project located on Hoffman Street. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4 :22 p.m. October 9, 2007. 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10116107 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $2,253,758 to the U.S. Department of Homeland Security / National Telecommunications Information Administration for funding eligible under the Public Safety Interoperable Communications (pm) Grant, funds will be used for the enhancement of voice interoperability on the 800 MHz radio system, with a City match of $563,440, for a total grant application of $2,817,198, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The Department of Homeland Security / National Telecommunications information Administration is providing funding to assist public safety agencies in the planning and coordination with, acquisition of, deployment of, or training for the use of interoperable communications equipment, software and systems that enable interoperability with communications systems. REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: There is a 20% match required of the grant. Funds are available for a 3 -year period beginning 10/01/2007 (the first fiscal year of the appropriation). The City of Corpus Christi will serve as the lead agency and the participating law enforcement agencies will provide their required match according to their system enhancements. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant. Bryan P. Smith Chief of Police Attachments: • Project abstract • Letters of support from participating agencies BACKGROUND INFORMATION The Department of Homeland Security / National Telecommunications Information Administration provides funding to assist public safety agencies in the planning and coordination with, acquisition of, deployment of, or training for the use of interoperable communications equipment, software and systems that enable interoperability with communications systems. Proposals must be multi-jurisdictional and multi-agency. The PSIC Grant Program is intended to enhance interoperable communications with respect to voice, data, andlor video signals. PSIC provides public safety agencies with the opportunity to achieve meaningful and measurable improvements to the state of public safety communications interoperability through the full and efficient use of all telecommunications resources. Collaboratively, government entities within Nueces, San Patrick), Aransas, and Kleberg Counties join the Corpus Christi Police Department to implement this project. Funding and match will be shared and bring cutting -edge crime-fighting radio communication technology to all, improving safety and law enforcement effectiveness for the 434,929 citizens living in this 2,650.3 sq. mi. area. The participating agencies and their required match are: City of Corpus Christi - Corpus Christi Police Department Public Safety interoperable Communications Grant mmunity I Portland Equipment Port Aransas Equipment Iingsville Equipment San Patricio County Equipment Rockport Aransas County Equipment Port of Corpus Christi Equipment Corpus Christi Equipment Item includes equipment, installation, training. Total 1211J Local 2004 npi_eslArent Match Aim Portion $481,475 $92,295 $373,615 $74,723 $190,237 $38,048 $143,934 $28,787 $1,046,216 $209,243 $235,190 $47,038 $366,532 $73,306 $2,817,198 PSIC Grant Portion $369,180 $298,892 $152,189 $115,147 $836,973 $188,152 $293,226 $563,440 $2,253,758 With full implementation, regional capacity to support Homeland Security will be strengthened, especially for the Port of Corpus Christi; inner Harbor, Harbor Bridge; Critical Junctures; Pori Industries, Corpus Christi Naval Air Station, Corpus Christi Army Depot; J.F. Kennedy Causeway; Kingsville Naval Air Station; Naval Station Ingleside, 1H37; Intercoastal Waterway; Shipping Channels; Sector Corpus Christi, and at least 12 miles into the Gulf of Mexico. ico. This project also expands communication effectiveness for all Interregional Task Force members representing local, state, and federal law enforcement, first responders, and military and governmental entities. Currently, officers pursuing a suspect across city limits cannot continue pursuit, easily alert neighboring responders of the need for support, nor warn citizens of impending dangers. Critically important, this grant will also strengthen the area's ability to prevent, detect and react to potential security threats, including IEDs, terrorists, and smugglers. It fortifies responders' ability to take appropriate actions before, during, and after a terrorism event and/or natural disaster __ major concerns since the Port, industries, shipping, farming, and other commercial assets are concentrated in this area and abut the Gulf Coast where likelihoods for hurricanes and other weather- related natural disasters are very high. Letters of support from participating agencies designating their match commitment are attached. 2007 PSIC - U.S. Department of Homeland Security National Telecommtmications formation Administration "Level 6 Radio Interoperability in Corpus Christi MSA" Project Abstract "Level 6 Radio inieroperabillly in Corpus Christi AEA" Leading Corpus Christi MSA and Kingsville Micro Area, City of Corpus Christi (City) requests $2,253,758 FY 007 Public Safety Interoperable Communications (PSIC) funds with a 20% local match of $563,440 to expand effectiveness of its muttijurisdictional, mufti-agency interoperable informational and voice communications system. Collaboratively, seven entities within Nueces, San Patricio, Aransas, and Kleberg Counties join the City's Police Department (CCPD) to implement this project. i and match brings e crime-fighting U.S. Department of Homeland Security Shared funding cutting- edge Telecommunications Information Administration Level radio interoperable capabrllty to all law enforcement agencies within the Corpus Christi MSA and to KingsvillelKleberg County, though not within the CC MSA. This standards -based shared radio system serves as the building block for future expansi LEY MOODY SHERIFF Phone: 364-2251 Area Code: 361 Fax: 364-6110 Post Office Box 1382 SIMON, TX. 78387 -13$2 October 4, 2007 Bryan P. Smith, Chief of Police Corpus Chi Police Department P. O. Box 9016 Corpus Christi, Texas 78469 The San Patrici9Qontv Sherit4 Office supports the PSIC (Public Safety interoperable Communications) grant application being submitted by the City of Corpus Christi, Police Department for multilurisdiclional radio inter operability to enhance public safety in the region. We understand that the City of Corpus Christi will be the lead agency for the project and that the county will provide a local match up to l,7a toward the required grant match. The funds designated for our agency will expand and upgrade the existing EDACS 800 Mhz t runs ed radio system operated by the City of Corpus Christi, Nueces County, and the Regional Transportation Authority. San P ± ' ' o County Sh era Patrick Camay was named In Moor of the patron sent of Ireland by nterobara of the McMullen and McGloin Colony, WhIck Was founded oa a Mexican Esapreurlo grant dated August 16. IBM CITYOF PORTLAND TEXAS September 4, 2007 Bryan P. Smith, Chief of police Corpus Christi Police Department P. O. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith, The City of Portland Police Department supports the PSIC (Public Safety lnt ro erabie Communications) grant application being submitted by the City of Corpus Christi, Ponce Department for multi- jurisdictional radio lntcroprability to enhance public safety in the region. We understand that the City of Corpus Christi will be the lead agency for the project and that the City of Portland will provide a local match up to $92,295.00 toward the required grant match. The funds designated for our agency will expand and upgrade and the existing EDACS 800 MHz tracked radio system operated by the City of Corpus Christi, Nueces County, and the Regional Transportation Authority and provide a repeater site, backup generator and other equipment in Portland to support that system. Sincerely, tyake4v Randy L. Wright ht Director of Public Safety RLW:bs 1900 BILLY C. WE DRIVE • PORTLAND, TEXAS 78374 • (361) 777 -4500 • FAX: (361) 77'7 -4501 WEB: rw �r.por 1ared# . o • City of Port Aransas Bryan P. Smith, Chief of Police Corpus Christi Police Department P. O. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith: City of Port Aransas 710 W. AVENUE A PORTARANSAS, TEXAS 78373.4128 361-7494111 FAX 361 - 749.4723 www.atyoiportaransas.org October 4, 2007 The City of Port Aransas supports the PSIC (Public Safety Interoperab a Communications) grant application being submitted by the City of Corpus Christi, Police Department, for multi - jurisdictional radio interoperability to enhance public safety in the region. We understand that the City of Corpus Christi will be the lead agency for the project and that the City of Port Aransas will provide our portion of a local match up to 574,723 toward the required grant match. The funds designated for our agency will expand and upgrade the existing EDACS 800 Mhz #ruxke l radio system operated by the City of Corpus Christi, Nueces County, and the Regional Transportation Authority. Sincerely, Michael Kovacs City Manager MK :pg RESOLUTION AUTHORIZING THE cITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $2,253,758 TO THE U.S. DEPARTMENT OF HOMELAND SECURITY NATIONAL . TELECOMMUNICATIONS INFORMATION ADMINISTRATION FOR FUNDING ELIGIBLE UNDER THE PUBLIC SAFETY INTEROPERA LE COMMUNICATIONS ICATIOI S PSIC GRANT, FUNDS WILL BE USED FOR THE ENHANCEMENT OF VOICE II T ROPERA ILITY ON THE 800 MHz RADIO SYSTEM, WITH A CITY MATCH OF $563,440, FOR A TOTAL GRANT APPLICATION OF $2,817,198, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application in the amount of $2,253,758 to the U.S. Department of Homeland Security 1 National Telecommunications Information Administration for funding eligible under the Public Safety Interoperable Communications (PSIC) Grant, funds will be used for the enhancement of voice interoperability on the 800 MHz radio system, with a City match of $563,440, for a total grant application of $2.817,198, and authorizing the City Manager or the City Manager's er's designee to apply for, accept, reject, alter or terminate the grant. ATTEST: Armando Chapa City Secretary APPROVED: "Ab400, 2007. Joseph Hamey Assistant City Attorne For City Attorney F e o! PSI - grant.d c THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution vas passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Peso! -P1 -g rant. do 2 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: /16/07_ AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a consulting services contract with the Corpus Christi Independent School District in the amount of $78,500 for two officers to provide Drug Abuse and Gang Resistance instruction to 6th grade students. ISSUE: The Police Department provides a drug and violence prevention and safety education curriculum to CCISD students. This agreement provides for this service and must be renewed each year. BACKGROUND INFORMAITON: The City of Corpus Christi Police Department has been reimbursed for various drug abuse programs by CCISD since 1990. This consulting services contract seeks to continue the relationship between the City of Corpus Christi Police Department and CCISD at an annual reimbursable rate of $78,500 payable in two equal installments beginning with the 20712008 school year. The agreement calls for Police officers to provide Drug Abuse and Gang Resistance instruction to all 6th grade students at CC1SD middle school campuses and to make presentations to parents and school staff on a number of subjects. REQUIRED COUNCIL ACTION: Approval of the resolution. FUNDING: CCISD reimburses the City of Corpus Christi in the amount of $78,500 each year for the program. CONCLUSION AND RECOMMENDATION: Staffrecommends approval of the resolution. Bryan P. Smith Chief of Police Attachments: ' Consulting Services contract with CCISD CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Corpus Christi, Texas CONSULTING SERVICES CONTRACT BETWEEN THE CORPUS CHRISJJJNDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI This Agreement is made by and between the Corpus Christi Independent School District, a political subdivision of the State of Texas, hereinafter referred to by name or as the "District ", and The City Of Corpus Christi, a Texas Municipal unicipal Corporation hereinafter referred to by name or as the "Provider". In consideration of the mutual promises set forth below, the parties agree as follows: RECITALS The parties hereto contemplate that the Provider will, from time to time, be requested by the District to perform certain work or furnish certain services to District staff and students on an independent contractor basis. In respect to such work or services, the parties agree as follows: TERMS of AGREEMENT This agreement shall be effective upon execution of this document by the parties and ends on June 30, 2008 This Contractual Agreement shall remain in full force and effect during the above referenced time period unless properly terminated by either party, as provided by this Contractual Agreement. However, this Contractual Agreement is subject to rules and regulations as may be hereafter promulgated by the Texas Education Agency. MAJOR RESPONSIBILITIES AND DUTIES The City will provide to C.C.I.S.D. during the term hereof the following projects and services: 1. Two (2) trained and certified officers will provide Drug Abuse and Gang Resistance instruction to all 6th grade students at C.C.I.S.D. middle school campuses. The lessons will be taught in 10-weekly sessions and will be based on a Needs Assessment of the Campus provided by the District. 2. Corpus Christi Police Department Officers will be available to make presentations to parents and school staff on a number of subjects, including a parent's guide to recognizing the signs and symptoms of early gang involvement, drug abuse and the consequences of underage drinking. Pagel of 10 3. There will be an open l development of the application and administration of the SDFSC program. • Principle 6: Evaluation- A grant recipient shall evaluate its drug prevention and violence prevention program periodically to assess progress toward achieving its established performance measures. The evaluation results shall be used to refine, improve, and strengthen its program, and shall be made available to the public upon request, with public notice of such availability provided. REQUIRED DOCUMENTS ▪ Social Security Number or (EIN)Employer Identification Number 74-6000574 ■ General Automobile Liability Insurance ■ Felony Conviction Notification ■ Conflict of Interest Questionnaire ■ Teaching Certificate or other professional qualifications (if applicable) PAYMENT T FOR SERVICES Provider will be paid a fee of no more than $78,500 for services rendered to middle schools from Title IV: Safe and Drug -Free Schools and Communities. This cost is based on are average hourly rate of $2218 for 3,440 hours of service to all middle school campuses. Such amount shall be paid in two equal installments of $26,167 and one (1) payment of $26,166, upon receipt of invoice and evaluative reports. The first invoice is due on November 30, 2007, and the second invoice is due on February 29, 2008, and third invoice is due no later than May 30, 2008. Provider will submit an invoice with a properly approved purchase order number for payment. The invoice will show the days of services provided, how the fee is determined, and the total amount requested. The District shall pay Provider no rater than thirty (30) days after the date of receipt of the invoice from Provider. INDEPENDENT CONTRACTOR RELATIONSHIP In the performance of the services hereby contemplated, the Provider is an independent contractor, and neither the Provider nor the principals, partners, employees, or subcontractors of the Provider shall be deemed servants, agents, or employees of the District. Nothing herein shall be construed to create a partnership, joint venture, or employment arrangement between the District and Provider. Provider will provide the Office of Purchasing a copy of current vehicle liability insurance policy. TERMINATION IATIO Either party may terminate this Agreement without cause by giving the other party a minimum um of ten (10) days written notice of such termination. Notice of termination of this Agreement before the end of its term shall not relieve either party of its obligation to Page 3 of 10 perform under the contract, or respective liabilities under the contract, until termination occurs. RECORD KEEPING The Provider shall provide records to the District for the services provided to all students receiving services. Provider shall provide the District with such other reports as are necessary to the efficient delivery of the services mutually agreed upon, and other records as requested by the District from time to time. ASSIGNMENT Neither this Agreement nor any duties or obligations hereunder shall be assignable by the Provider without prior written consent of the District. In the event of an assignment by the Provider to which the District has consented, the assignee or its legal representative shall agree in writing with the District to personally assume, perform, and be bound by the covenants, obligations, and agreements contained herein. In the event the Provider assigns sublets, subcontracts, or assigns without written consent by the District, this Agreement may be terminated at the option of the District. SUCCESSORS AND ASSIGNS Subject to the provisions regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, legal representatives, successors, and assigns of the respective parties. MEDIATION Except for the immediate remedy of injunctive relief, neither party will resort to litigation without first submitting any dispute regarding the subject matter of this Agreement to mediation. ATTORNEY'S FEES If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. GOVERNING LAW AND VENUE The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. Any legal action brought in state court shall have venue in Nueces County, Texas. Page 4 of 10 ENTIRE E AG EE IEI T This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter that is not contained herein shall be valid or binding. AMENDMENT T This Agreement may be amended by the mutual agreement of the parties hereto in writing and incorporated into this Agreement. The duly appointed representative of each party must sign any such amendment. CONFIDENTIAL RECORDS DS AND INFORMATION In the carrying out of the terms of this Agreement, the Provider may, from time to time, have access to confidential information and documents pertaining to students in the District. The Provider shall not, without written consent of the parents of the student, release or disclose to the public or any third party information or records regarding any District student. Said information and documents are considered confidential, and shall not be used by the Provider, or any of her employees, agents, or representatives, for private purposes. The Provider acknowledges that the unauthorized release of confidential student information or records may subject the individual or entity to criminal and civil penalties. Accordingly, the Provider will comply with the requirements of District policy pertaining to the confidentiality of student education records, and will comply with the requirements of the Family Education Rights and Privacy Act (F.E.R.P.A. - see 20 U.S.C. § 1232g and 34 C.F.R. § 90, et seq.) The Provider further agrees that any confidential student information or records she obtains pursuant to the performance of this Agreement will be destroyed after the need for such information or records ceases to exist. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. CURRENT REVENUES Each party understands and agrees that any and all payments made in accordance with this Agreement shall be made out of current revenues available to the District. Page 5 of 10 EQUAL OPPORTUNITY The parties shall provide all services and fulfill all obligations associated with the subject matter of this Agreement in compliance with the Civil Rights Act of 1 964, Title IX of the Education Amendments of 1972 (34 C. .I . § 106, et seq.), and all other applicable anti - discrimination laws. INDEMNIFICATION To the extent permitted by law, the Provider shall defend and hold harmless the District and its administrators, staff, agents, and employees against any and all claims for damages, personal injury, or death proximately caused by the acts or omissions of the Provider in the performance of this Agreement, or while Provider is on District property. NOTICES All written notices provided to the parties pursuant to this Agreement shall be forwarded to each party at the address indicated below. such notices shall be considered duly and properly given when delivered in person or actually received by either party via U.S. mall or any other delivery service provider. WHEREAS, the parties hereto agree to the terms of this Agreement as set forth above, the duly designated representatives of the Corpus Christi Independent School District and The City of Corpus Christi hereby execute this Agreement, subject to authorization or ratification by any governing bodies, if required by law. The parties hereto acknowledge that they have read this Agreement, understand its contents, and agree to be legally bound by the terms and conditions of this Agreement. Executed at Corpus Christi, Texas, and Dated on this the day of 2007. PROVIDER: By: -- - _ Date • The City of Corpus Christi 321 John Sartain Street Corpus Christi, Texas 78401 Armando Chapa, City Secretary George K. (Skip) Noe, City Manager Legal form approved on , 2007 _ _ , By: - - -- Mary K. Fischer, City Attorney Page 6 of 10 DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 801 Leopard Street Corpus Christi, T as 403-0110 By: D. Scott Ellif Superintendent of Schools Loui Pre * ent, : ' , of Trustees Approved as to Legal Form By: Date: Imelda Martinez In -House Counsel for CCISD Date: Si— - 24%f47 Date: -3oc7 Reviewed and Approved for Purchasing Compliance By: Alen Brij : ray, C. P. Kell i • c or for Purchasing an. Distribution Page 7 of 10 Date: liz.y��-?" Felony Conviction Notice Senate 8111 1 passed by the State of Texas Legislators, Section 44.034, Notification of Criminal History, Subsection (a) states "a person or business entity that enters into a contract with a school the District must give advance notice to the District if the person or owner or operator of the business entity has been convicted of a felony." The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection states "a school the District may terminate a contract with a person or business entity if the District determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction." The District must compensate the person or business entity for services performed before the termination of the contract. 1, the undersigned agent for the firm named below, certify that the information concerning notification of felony conviction has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor's Name Authorized Company Official's Name (please print) A. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official B. My firm is owned or operated by the following individual(s) who has /have been convicted of a felony: Name of Felons Details of Canviction(s) _ Signature of Company Official ..� Date C. My firm is a publicly owned, stock- exchange corporation; therefore, this reporting requirement is not required. Signature of Company Official Page 8 of 10 CONFLICT OF INTEREST QUESTIONNAIRE If applicable, attached Form CIQ must be filed by vendor with CCISD no later than the seventh business day after vendor submits vendor's response to the RFP. See Section 1 76.006, Local Goverment Code. A listing of government officers of CCISD is available on the CCISD website at wvvw.corpuschristiisd.us CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 1 76.006, Local Government Codes. A person commits an offense if the person violates Sections 1 76.006, Local Government Code. An offense under this section is a Class C misdemeanor. 11.]Name of person doin g business with local governmental entity. Office Use Only Date Received 0 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a). Local Government Code is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 1II Describe each affiliation or business relationshi p an employee to ee or contractor of the p local governmental entity who makes recommendation to a local government officer of the local governmental entity with respect to expenditure of money. Ki Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of the questionnaire. Page 9 of 10 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 fi Name of local governmental officer with who filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES) This section, item 5 including subparts A, B, C ID, must be completed for each officer with who the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local goverment officer names in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer names in this section AND the taxable income is not from the local governmental entity? Yes � No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local governmental office- serves as an officer or director, or holds an ownership of 10 percent or more? Yes ❑ No D. Describe each affiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of Interest. Signature of person doing business with the governmental entity Date Page 10 of 10 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONSULTING SERVICES CONTRACT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF 578,500 FOR TWO OFFICERS TO PROVIDE DRUG ABUSE AND GANG RESISTANCE INSTRUCTION TO 6TH GRADE STUDENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a consulting services contract with the Corpus Christi Independent School District in the amount of $78,540 for two officers to provide drug abuse and gang resistance instruction to fig' grade students. ATTEST: Armando Chapa City Secretary APPROVED: a(1,44„0, 2007. Joseph H mey Assistant City Attome For City Attorney Resol-SivAg-ccisd.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of ,_- . -.j 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Make Rummell Bill Kelly Priscilla G. Lea! John E. Marez Nelda Martinez Michael McCutchon Resol-SrvAg-ccisd.doc • 2 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: _ ,.__ October 16. 2007 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a contract with The Bag Lady, Inc., guaranteeing the delivery of specific tonnage of acceptable waste to the Cef Valenzuela Landfill for a period of twenty yes, commencing upon opening of the landfill, ISSUE: To enter into a `Put or Pay" contract with The Bag Lady, Inc., a commercial solid waste hauler, to deliver acceptable waste to the Cefc Valenzuela Landfill. REQUIRED COUNCIL ACTION: Approve contract as submitted by staff. PREVIOUS COUNCIL ACTION: The City Council has previously approved eight (8) Put or Pay contracts with other commercial haulers (BFI, Captain Hook, Sixteen Services, Trailer Trash, Dawson Recycling, Corpus Christi Disposal, Skid - -ill Haul Away and Absolute Waste Acquisitions, Inc.). FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approve contract as submitted. "effrey D. Kaplan Director of Streets and Solid Waste Services Attachments: The Bag Lady Inc. Put or Pay Contract BACKGROUND INFORMATION BACKGROUND: With the acquisition and anticipated development of the Cef V it � alenzuela Landfill, it is necessary to have a consistent flow of solid waste tonnage to develop a sound business plan for the project. Additionally, competition for solid waste in the Coastal Bend Council of Governments (COG) region from competing landfills in San Antonio and Robstown has resulted in a decline in solid waste tonnage with a resulting revenue loss. This decline is attributed to commercial solid waste haulers transporting garbage, waste, and other refuse to the competing landfills at a much lower tipping rate. The Solid Waste staff worked assiduously to establish an instrument that is beneficial to both the commercial solid waste haulers and the Solid Waste Services Department. Two alternative versions of the contract were approved by Council in 2001. One pmvides for a guamnteed annual volume of acceptable waste. The other provides for delivery of all waste collected by the hauler within the boundaries of the Coastal Bend COG region. These contracts will continue our efforts to stabilize waste volumes at the J. C. Elliott Landfill in p �� a 'on for future development at the Cefe Valer uela Landfill. The City has entered into similar "Put or Pay" agreements with Corpus Christi Disposal, Inc. Dawson Recycling, Inc., Captain Hook, BFI, Sixteen Services, Trailer Trash, Skid-O-Kaniliaul Away, and Absolute Waste Acquisitions, for the J.C. Elliott Landfill, City Council approved the contracts and amendments on the following dates: Corpus Christi Disposal, Inc, Dawson Recycling, Inc. Captain Hook BFI Sixteen Services Trailer Trash Skid-o-Kanillaul Away Absolute Waste Acquisitions original contract August 17, 2004 original contract September 17, 2002 amended contract December 20, 2005 original contract amended contract original contract amended contract original contract amended contract original contract original contract original contract July 17, 2001 August 20, 2002 June 26, 2001 August 20, 2002 July 17, 2001 August 20, 2002 March 11, 2003 June 17, 2007 September 11, 2007 Approval of this contract will help the City's efforts to stabilize waste volumes at both landfills. CEFE VALENZUELA CONTRACT SUMMARY: Consistent in scope with prior agreements the mai WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE BAG LADY, INC. Cefe 2007 Bag Lady 100207 _doc TABLE of CONTENTS Article Subject Page Number 1 General Provisions 2 2 Acceptable Waste 3 Fees 4 Billing nd Payments 10 5 Landfill Procedures 11 6 Assignments 13 7 Insurance 13 8 Indemnification niflcatior 1 9 Governmental Regulation 16 Suspension for Force Majeure 16 1 �u � Liquidated 'Damages and Default 17 12 Representation and Warranties 19 Governing Law and Venue 20 14 Miscellaneous Provisions 21 Cefe 2007 Bag Lady 1 C 7.doc WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City") and The Bag Lady, Inc. ( "Hauler") requires the City to accept, process, and dispose of acceptable solid waste brought by the Hauler to the City's Cefe Valenzuela Municipal Landfill ("Landfill"), with its entrance on County Road 20 in Nueces es County, Texas, and requires the Hauler to deliver to the Landfill and pay for the disposal of a minimum volume of acceptable Solid Waste under the terms and conditions of this Agreement. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS. 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, and construction/demolition materials, but does not include hazardous, medical, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCL4 means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Coastal Bend Council of Governments' Region rion "C C G Region') means Aransas, Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg, McMullen, Nees, San Patricio, and I`efugio Counties* Construction/demolition materials means waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stabs, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as construction /demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Cefe 2007 Bag Lady 100207.doc Page 2 of 30 Effective date means the first day that the Cefe Valenzuela Landfill is open to accept waste. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material adverse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party Cnon-performing party's) relying the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any Federal, State, or local court, administrative it i agency, or governmental officer or body, if t not also the result of willful or negligent action or a lack of reasonable diligence of the non - performing party, and the non-performing party does not control the administrative agency or governmental officer or body, provided that the diligent contest in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non - performing party. (c) The adoption, p *romulgation, issuance, material modification, or change in interpretation, after the date of this Agreement, of any Federal, State, or local law, regulation, rule, requirement, or ordinance. law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without an y further action by any Federal, State or local governmental body, administrative agency, or governmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City. (e) A strike, lockout, or other similar labor action; (f) The failure to obtain or maintain any essential permit or license from any governmental unit; Cefe 2007 Bag Lady 100207.doc Page 3 of 30 Garbage means putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts. Generator means the person that creates a solid waste. For the purposes of this chapter, a construction or repair contractor or landscape or tree service is considered to be the generator of any solid waste that is produced by the contractor or service or results from the contractor's or service's work on the premises of a customer. A business or commercial establishment is considered the generator of any packaging materials on products delivered to a customer, which are returned to the business or commercial establishment that made the delivery. Hauler's historical volume means the tonnage the Hauler delivered to the City's J. C. Elliott Landfill during the year immediately prior to the Hauler's initial Waste Disposal Agreement with the City. Ha ar o u waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous substance under applicable laws, including without limitation: (1) The solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1 976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promulgated the Act (including without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C.. 260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or by- products material within the meaning of the Atomic Energy Act of 1 954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. Cefe 2007 Bag Lady 100207,doc Page 4 of 30 Any other waste, material, or substance, which is characterized or defined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA with respect to the Landfill or by any other Federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law. Notwithstanding the above, if the TCEQ or USEPA determine by written re ulation y olio guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous then the waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement. Heavy brush means tree and shrub limbs and trimmings, which are greater than three inches in diameter, tree trunks, root balls, and other Large plant matter. Household li nce means general household appliance that will not fit into a refuse receptacle including: Non-metal appliance, such as. a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non - metallic parts Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste means arba e, rubbish, litter, refuse, yard waste, debris, and g g limited construction /demolition materials commonly generated by a residential household. Jurisdictional waste means waste collected within the City or its industrial districts. Landfill means the City's Cefe Valenzuela landfill located in Nueces County, Texas. Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Cefe 2007 Bag Lady 100207.doc Page 6 of 30 Medical waste means waste generated by health -care related facilities and associated health -care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non - health -care activities. Published disposal rate means the published tipping rate for commercial vehicles based on weight published in Section 21-41 e 2 A, less the difference between the municipal solid waste system service charge published in Section 21-47(b)(1) and the credit published in Section 21-47(b)(5) and any applicable State or Federal fees. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction /demolition materials. Rubbish ish means non- decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating Plan means the Site Operating Plan for the City of Corpus Christi J. a. Elliott Landfill generally applicable to customers utilizing the Landfill, as determined by the City. Solid waste means garbage, rubbish, lifter, refuse, yard waste, heavy brush, debris, and construction/demolition materials. Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at the City disposal site. TCEQ means Texas Commission on Environmental Quality. Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debris or construction /demolition material, but including a small household appliance that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TCEQ or the Site Operating Plan. USEPA means the United States Environmental Protection Agency. Cefe 2007 Bag Lady 100207.doc Page 6 of 30 Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. 1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine gender means and include correlative words of feminine and neuter genders rn and words importing the similar number means and include the plural number and vice versa. 1.3. Term. 1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect for a term of twenty (20) years subject to extension by the mutual agreement of the parties. 1.3.2. Upon expiration of the term, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. 1.3.3. However, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement. 1.. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. ARTICLE 2. ACCEPTABLE WASTE 2.1. Acceptable Waste. 2.1.1. The Hauler shall deliver only acceptable waste. 2.1.2. Any acceptable waste co- mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2.1.3. At any time, the City and Hauler mutually may agree in writing that any materials, i which are defined as unacceptable waste in Section 1.1. of this Agreement, should in the future be reclassified as acceptable waste. 2.. Guaranteed Tonna e. 2.2.1. Commencing on the effective date, the Hauler guarantees to deliver all acceptable waste the Hauler collects within the boundaries of the Coastal Bend Council of Governments' Region "C C G Region"), the collected tonnage to be not less than 512 tons per year ("guaranteed annual tonnage") of acceptable waste, and the City g uarantees that it will accept the waste. For previous haulers that had agreements for guaranteed waste disposal at the J. C. Elliott Landfill, the guaranteed annual tonnage base as established in the aforementioned agreements will be utilized in this Agreement. Cefe 2007 Bag Lady 100207.doc Page 7 of 30 2.2.1.1. If the Hauler wishes to avail itself of a 80% volume supply agreement that is based on all solid waste the Hauler collects in the area defined by the boundaries of the CBCOG Region, it must notify the City at least sixty (60) days in advance and upon the City's approval this Agreement will be amended to reflect the change. 2.2.1.2. Any volumes the Hauler wishes to deliver outside of the aforementioned defined boundaries are exempt from these requirements and minimum volumes and rates may be negotiated with the City on a separate basis. 2.2.2. The Hauler shall deliver the guaranteed annual tonnage. The Haul is targeted monthly tonnage is defined as one - twelfth (1/12) of the g uaranteed annual tonnage. 2.3. Adjustments to Guaranteed Tonnage. 2.3.1. If notwithstanding the Hauler's best efforts and implementation of best business practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers in the CBCOG Region, which has resulted in a net decline of more than 10% of the deliveries to the Landfill by the Hauler, and as a result the Hauler is unable to deliver the guaranteed annual tonnage for a period in excess of a year, the parties will act in good faith to renegotiate the guaranteed annual tonnage. 2.3.2. The Hauler may request a change in its guaranteed annual tonnage sixty days before the annual anniversary date of this Agreement. 2.4. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver hazardous, medical, or unacceptable waste to the City. 2.5. Ownership Ownemhip of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator. Legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the generators of any hazardous, medical, or unacceptable waste delivered to the Landfill. 2.6. City's Right to Audit Hauler for Compliance. 2.6.1. if the Hauler has elected the 100% volume supply option under Section 2.2.1.1 above, the City has the right to review and audit the Hauler's service and financial records if the City has reason to believe that the Hauler is taking more than 20% of the acceptable waste collected within the CBCOG Region to another disposal site. 2.6.2. For the purposes of this section, the Hauler's service and financial records include: (1) A list of all customers located within the CBCOG Region, including: Cefe 2007 Bag Lady 100207 _do Page 8 of 30 a. The customer's name. b. The physical address of each location that is serviced. c, The size and service level of any container(s) provided at each service location. d. Whether the container is a roll -on /roll -off container, e.g. a container that picked up and transported on a vehicle chassis to a disposal site. e. The classification of the solid waste collected, e.g., commercial hazardous, household waste, special waste. f. Whether or not the solid waste is compacted before disposal. g. The frequency of collection. A list of all customers located outside the CBCOG Region, whose solid waste is taken to a facility owned by the city for disposal, including: a. The customer's name. b. The physical address of each location that is serviced. c. The type of solid waste collected from the customer. The routes taken on a daily basis by any vehicle used to collect solid waste within the CBCOG Region or any vehicle that disposes of solid waste at a city owned facility that is collected from outside the CBCOG Region. Copies of all reports filed with the comptroller of public accounts that relate to an y services provided or activities conducted within the CBCOG Region. Copies of all checks, deposit slips, and bank statements related to rents from all customers located within the CBCOG Region, who payments receive solid waste hauling and disposal services, and all customers located outside the CBCOG Region, whose solid waste is taken to a facility owned by the city for disposal. Copies of all checks and bank statements related to payments to other waste disposal sites within the CBCOG Region and any waste disposal sites located outside the CBCOG Region, if any of the solid waste that is disposed of was collected within the CBCOG legion, Copies of all contracts and agreements related to the disposal of solid waste collected within the CBCOG Region. Cefe 2007 Bag Lady 100207 doe Page 9 of 30 ARTICLE 3. FEES 3.1. Acceptance Fee for Guaranteed Monthly Tonnage. 3.1.1. The discounted acceptance fee for acceptable waste delivered by the Hauler to the Landfill, which is based on o% of the Hauler's historical volume delivered to the City, is seventy -two percent (72%) of the published disposal rate, plus any mandated federal or State fees. 3.1.2. If the Hauler requests a change to the agreement to an 80% volume supply agreement t as defined in 2.2.1.1, and with the City's approval, the new discounted acceptance rate is seventy -five percent (75%) of the published disposal rate. 3.2. Penalty for Diversion of Any Acceptable Waste to Alternate Disposal site. If the Hauler fails to deliver the guaranteed annual tonnage of acceptable waste to the Landfill but diverts a portion of the guaranteed annual tonnage to another landfill, the Hauler shall pay the City the contracted rate per ton as defined in 3.1.1. or 3.1.2., whichever is applicable, for any diverted acceptable waste that is not delivered to the Landfill to satisfy the Hauler's guaranteed annual tonnage. 3.3. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. 3.4. Discount for Increased Tonnage. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the guaranteed annual tonnage established in Subsection 2.2.1., the Hauler is eligible for a 15% discount off of the discounted acceptance fee, established in Subsection 3.1, in that year. The lower tipping fee will be applied retroactively to the additional waste once the 33% threshold is reached. Once the new base tonnage is calculated under Subsection 2.3, the City will reduce it's billing to the Hauler at the beginning of each succeeding year or issue a refund check if the Hauler is cash customer. ARTICLE 4. BILLING AND PAYMENTS. .1. Billing. After the end of each month, the City will bill the Hauler for the total fees due for the billing period, including each ticket number, Hauler's vehicle registration number assigned by the City, and the tonnage on each ticket. 4.2. Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days of the billing date ("due date" shown on the bill. 4.3. Overdue Charges. If payment in full is not made on or before the due date, the Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid shall bear interest at the rate of one and one half percent (1-1/2%) per month or the highest rate that may then be lawfully charged and paid, whichever is less, from the due date to the actual date of payment. Cefe 2007 Bag Lady 100207.doc Page 10 of 30 4.4. Disputes. 4. 4.1. In the event of a dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.4.2. The Hauler shall give the City, at the time payment is made on the bill, written notice of the dispute. 4.4.3. The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. 4.4.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall pay interest on any amount not paid by the due date at the interest rate specified in Section 4.3. 4.5. Fees Not Subject to Set-Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set -off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit recourse to the Hauler. 4.6. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abatements, refunds or adjustments to which it is entitled under this Agreement. ARTICLE 5. LANDFILL PROCEDURES. .1. Acceptance of Solid Waste. The city will accept at the Landfill all acceptable waste delivered by the Hauler under the terns of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. 5.2. Rejection n f solid Waste. 5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 5.2.2. The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date. But the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery. 6.2.3. The Hauler fails to comply with any published delivery procedures. 5.2.4. If a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. 5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler agrees to comply with the provisions in the Site Operating Plan relating to the r improper delive of hazardous, medical, or unacceptable waste and the procedures for Cefe 007 Bag Lady 100 0 .doc Page 11 of 30 removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any other permitted Hauler that improperly delivered hazardous, medical, or unacceptable waste to the Landfill. 5.. Delivery Schedule. 5.4.1. During the term, the Hauler may deliver acceptable waste to the Landfill during its normal posted hours of operations. 6.42. The City will open the Landfill for at least 58 hours, during weeks without City holidays. The City reserves the right to expand Landfill hours as it deems necessary. If the City reduces Landfill hours it will notify the Hauler of such changes in writing within 24 hours of said determination. 5.4.3. The City will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel. 5.4.4. Except in a Force Majeure, the City will provide the Hauler with at least hours advance notice of any changes in the hours or days of operation. 5.5. Delivery Procedures. 5.5.1 The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site operating Plan is attached as Exhibit A. 5.5.2. The City reserves the right to redirect the Ha ler's trucks from the working face to an on-site transfer station. 5.6. Delivery Vehicles. 5.6.1. Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permitting of Haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for Haulers and vehicles, and identifying the Hauler or generator of solid waste being delivered to the Landfill. 5.6.2. The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification qf the specific vehicle, identification of any roll -on /roll -off containers, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. Cefe 2007 Bag Lady 100207.doc Page 12 of 30 5.6.3. The City is under no obligation to accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance requirements, or the delivery procedures established by the City. 6.6.4. The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. 5.7. Front of Line Privileges. 5.7.1. The City will provide front of line privileges to the Hauler and other haulers with "put or pay, contracts with the City. 6.7.2. The City may at its discretion suspend front of line privileges under this Agreement when waiting times to tip for other permitted haulers at the Landfill approach thirty (30) minutes. ARTICLE 6. ASSIGNMENTS. .1. Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly, its interest in and to this Agreement, without the consent of the City Manager, which consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions. 6.2. Assignment By City. The City may, with prior written notice to the Hauler, assign all or any portion of this Agreement for any lawful purpose. The assignment of all or any portion of this Agreement does not relieve the City of any obligation under this Agreement without the consent of Hauler. ARTICLE 7. INSURANCE. 7.1. Insurance Requirements. Insurance requirements are attached to and incorporated into this Contract as Exhibit attached to and made a part of this Agreement, and may be revised annually by the City's Contract Administrator upon thirty (30) days written notice to Hauler. 7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to deliver solid waste to the Landfill, must maintain the same insurance as specified in Exhibit B prior to delivering any solid waste to the Landfill. 7.3. Certificates of Insurance. Before activities can begin under this Contract, Haul is and any subcontractor's insurance c mpany i s must deliver Certificate(s) of Insurance, as proof of the required insurance coverages to the City's Contract Administrator. ' . . Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the Certificate(s) must state that the City will be given at least thirty (30) days notice by certified mail of cancellation, material change in the coverages, or intent not to renew any of the policies. Cefe 2007 Bag Lady 100207 _do Page 13 of 30 7.5. City Named As Additional Insured. The City must be named as an Additional Insured in each policy. The City Attorney must be given copies of all insurance policies within 15 days of the City's Contract Administrator's written request. 7.6. Waiver of Claim of Recovery. The Hauler waives any claim for recovery from the . City for any injury, Toss, or damage to Hauler resulting from the performance of this Agreement, to the extent compensation for the injury, loss, or damage shall have been recovered under any insurance policy. 7.7. Written Notice of Injury, Loss, or Damage Required. Immediately upon the occurrence of any injury, Toss or damage resulting from the performance of this Agreement, written notice shall be given to the City's authorized representative. ARTICLE 8. INDEMNIFICATION IFICATIO1 8.7 Indemnification for Death, Personal Injury, or Property Damage. 8.1.7. To the extent allowed by Texas law, Hauler, its officers, members, partners, employees, agents, subcontractors, and licensees shall fully indemnify, save, and hold harmless the City, its officers, employees, agents, licensees, and invitees ("City indemnitees ") against any and all Inability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the Hauler's delivery of solid waste to the Landfill under this Agreement. 8.7.2. To the extent allowed by Texas law, the City shall fully indemnify, save, and hold harmless the Hauler, its officers, employees, agents, licensees, and invitees ("Hau!er indemnitees") against any and all liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be Cefe 2007 Bag Lady 100207 doe Page 14 of 30 in any manner connected with the City's delivery of sold waste to the landfill under this Agreement. 8.2. !ndemnification for Improper Disposal of Hazardous, Medical, or Unacceptable Waste. If the City elects to dispose of any hazardous, medical, or unacceptable waste, the Hauler shall indemnify and hold the City indemnitees harmless from and against all liabilities, losses, damages, costs, expenses, and disbursements, including reasonable legal fees and expenses arising out of the processing or disposal by the person of unacceptable waste or waste not constituting acceptable waste delivered by the Hauler and incidental and consequential damages incurred by the City indemnitees. 8.3. Indemnification for Violations of Any Federal or State Laws and Regulations. The Hauler shall hold harmless and indemnify the City indemnitees from and against any expense, fine, or penalty, including attorneys fees, and shall defend the indemnitees in any proceeding, including appeals, for violation of any Federal or State law, rule, or regulation relating to the collection, transportation, and disposal of solid waste arising out of the any of the following: 8.3.7. The negligence or wrongful misconduct of the Hauler, its directors, officers or partners, employees, contractors, or agents. 8.3.2. The failure by the Hauler, its afirectors, officers or partners, employees, contractors, or agents to comply with applicable law, rule, or regulation. 8.3.3. The delivery by the Hauler of any Hazardous Waste or hazardous, medical, or unacceptable waste to the Landfill. 8.4. Duty to Investigate, Defend, Settle, and Pay Any Claims and Demands. 8.4.9. Hauler must, at its own expense, invest!gate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to City indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. Cefe 2007 Bag Lady 100 0 _doc Page 15 of 30 8.4.2. To extent authorized by law, the City must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to Hauler indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. ARTICLE 9. GOVERNMENTAL REGULATION. 9.1. Jurisdiction. The City and the Hauler acknowledge that the colledion, transportation, and disposal of solid waste is subject to regulation under both Federal and State laws and regulations and the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCE , and the Texas Department of Public Safety. 9.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures applicable to them in connection with this Agreement and the transactions contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. 9.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti-discrimination, affirmative action, and minority business opportunity laws, and all applicable industry codes, specifications, and standards respecting Hauler's business and operation. 9.4. Compliance by Hauler's Agents and Subcontractors. The Hauler agrees to take all necessary action to cause persons delivering waste on its behalf to the City to comply with any law, statute, rule, regulation, order, standard, Site Operating Procedures, or ordinance of the City of Corpus Christi, USEPA, TCEQ, the Texas Department of Public Safety, and any other authorized Federal or State agency or law enforcement organization. ARTICLE 10. SUSPENSION SION UE TO FORCE MAJEURE. 10.1. Suspension of obligations. 10.1.1. A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. Cefe 2007 Bag Lady 100 0 .doc Page 16 of 30 10.1.2. Any delay or failure caused by a Force Majeure shall be excused at any time performance is affected by a Force Majeure and during the period as may be reasonabl y necessary for the affect party, using its reasonable efforts to �' correct the adverse effects of the Force Majeure. 10.1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landfill to accept, process, or dispose of acceptable waste, then subject to then existing ommitment of the City with respect to the Landfill, and the requirements of all applicable permits, consents and approvals of the US PA, TCEQ, and other governmental entities, the City shall use its reasonable efforts to allocate a portion of the reduced capacity of the Landfill to the Hauler. The allocation of landfill capacity shall be determined by the City in its sole discretion. 10.1.4. The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 10.2. Efforts to Remove condition. A party whose performance is adversely affected by Majeure Force Maeure shall use its reasonable efforts to overcome or remove the Force Majeure. 10.2.1. After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the City shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period, 1 0.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 1 0.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonabl y practicable under the circumstances. The parties shalt negotiate and agree on the period during which Hauler is entitled to cure any resulting shortfall. 10.3. Change in Taxes, Fees, Assessments, and charges. The adoption of any law, regulation, rule , or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT. 11,1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate an disposal site and be credited for acceptable waste delivered to an alternate disposal p y Cefe 2007 Bag Lady 1 0 0 .doe Page 17 of 30 site for the period of the failure by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically terminates. 11.2. Events of Default of the City. The City is in default if it makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the city's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.3. Events of Default of Hauler. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 11.3.1. The Hauler fails to pay any amounts, including without limitation, the acceptance fee, and any amounts payable under Sections 52 or 5.3, which become due under this Agreement, within thirty (30) days of notice of delinquency from the City. 11.3.2. The Hauler fails to observe and perform any other material term, covenant, or agreement contained in this Agreement, the Site Operating Plan, or other agreements or policies to which either the Hauler is subject and the failure continues for a period of thirty (30) days after written notice to the Hauler specifying the nature of the failure and requesting that it be remedied. 11.3.3. The Hauler fails to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 11... The Hauler makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. Cefe 2007 Bag Lady 100207 doc Page 18 of 30 1 1.. Remedies n Default. Whenever any event of default occurs and is continuing, the non- defaulting party has the following rights and remedies: 11.4.1. Upon ten (10) days written notice to the City, if the City is then in default, the Hauler has the option to terminate this Agreement, unless the event of default is fully cured p rior to the expiration of ten 10 day period or unless during the period the City has taken remedial steps the effect of which would be to enable the City to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.2. Upon ten 10 days written notice to the Hauler, if the Hauler is then in default, the City shall have the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.3. Upon written notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 12. REPRESENTATION AND WARRANTIES. 12.1. Representations and Warranties .of the Hauler. 12.1.1. The Hauler by this Agreement represents and warrants to the City that this Agreement has been executed by authorized officers of the Hauler, and has before entering this Agreement delivered to the City evidence of the authority. 12.1.2. The Hauler has the full power and authority to execute and deliver this Agreement to the City and to carry out the obligations and transactions contemplated by this Agreement throughout its term. 12.1.3. There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.2. Representations and Warranties of the City. 12.2.1. The City by this Agreement represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Cefe 2007 Bag Lady 100207.doc Page 19 of 30 Hauler and to carry out the obligations and transactions contemplated by this Agreement. 12.2.2. There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.3. Liability for Breach. It is understood and agreed that the signatories to this Agreement are liable to each other in the manner and to the extent provided by law for any foss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. This section shall survive the term of this Agreement. ARTICLE 13. GOVERNING LAW AND VENUE. 13.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 13.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division. 13.3. Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obligations of the parties to make any payment or render any service required by this Agreement or the rights of the parties under this Agreement. ARTICLE 14. MISCELLANEOUS PROVISIONS. 14.1. Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. 14.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this Agreement or by law may be exercised from time to time and as often as may be deemed expedient by the parties to this Agreement. 14.3. Amendments and Modifications. This Agreement may not be amended or modified except in writing. The amendment or modification must be signed on behalf of both parties by their duly authorized officers. 14.4. Independent Contractor. Hauler will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Hauler be considered as an employee of the City. Cefe 2007 Bag Lady 1002 7.dcc Page 20 of 30 1 .5. Subcontractors. 14.5.I. Hauler may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Hauler must obtain prior written approval from the Contract Administrator. 14.5.2. In using subcontractors, Hauler is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Hauler. 14.5.3. All requirements of this Agreement imposed on the Hauler are applicable to all subcontractors and their employees to the same extent as if the Hauler and its employees had performed the services. 14.6. successors and Assigns, This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 14.7. contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Services. 14.8. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight courier addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this Section. Hauler: The Bag Lady, Inc. Attn: Mae Dawson, President P. O. Box 157 (physical address: 436 Rabbit Run) Aransas Pass, Texas 78336 City:■ Director of Solid Waste Services City of Corpus Christi 2525 Hygeia Street P.O. Box 9277 Corpus Christi, Texas 78469-9277 14.9. Representatives. For billing purposes, the parties designate the following representatives and addresses: Hauler: The Bag Lady, Inc. Attn: Mae Dawson, President P. O. Box 157 (physical address: 436 Rabbit Run) Aransas Pass, Texas 78336 Cefe 2007 Bag Lady 100207.doo Page 21 of 30 City: City of Corpus Christi — Financial Services Accounts Receivables 1201 Leopard Street P.O. Box 9257 Corpus Christi, Texas 78469 -9257 14.10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 14.11. Right to Most Favorable Acceptance or Tipping Fees. 14,11.1. if the City enters into an agreement with any other company, person, or legal entity that provides solid waste hauling services or generates, disposes, or transports solid waste to the City's landfill (or enters into a renewal, modification, extension of any existing agreement with such a party), and the document contains provisions for acceptance or tipping fees more favorable to the other party than those in this Agreement, the Hauler shall have the right either to terminate this Agreement or to amend this Agreement to contain such more favorable terms and provisions. 14.11.2. An agreement that offers an equivalent discounted acceptance fee for a commitment to deliver a guaranteed annual tonnage instead of all tonnage collected within the CBCOG Region is considered comparable to this Agreement if the other terms and conditions are similar to this Agreement. 14.11.3. The City will not offer similar agreements to a Hauler that has not had a solid waste hauler permit for at least 12 months. 14.12. City Reserves Legislative Authority. Nothing in this contract restricts the right of the City Council to amend the City's Code of Ordinances, including its authority to regulate, permit, and franchise solid waste haulers operating within the City or using the City's solid waste disposal facilities; regulate the storage, transportation, and disposal of any solid waste generated within the City or its industrial districts; or impose taxes, surcharges, utility fees, or other fees, including generator fees, on residents, commercial and industrial facilities located within the City and industrial districts and customers from outside the City who use any of the City's solid waste disposal facilities or services; and including the setting of disposal or tipping fees at City disposal facilities within and outside the City limits. 14.13. Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. Cefe 2007 Bag Lady 100207.doc Page 22 of 30 14.14. Triplicate Originals. This Agreement may be executed in triplicate originals, any one of which is considered to be the original Agreement for all purposes. 14.15. Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and the Hauler shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not be affected by the defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 1.1. Rights of Third Parties. Nothing in this Agreement is intended to confer any right on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obligation or liability of any third person to any party to this Agreement or give any third person any right of subrogation or action over or against any party to this Agreement. 14.17. Headings for Convenience. The headings in this Agreement are for convenience and reference only and in no way define or limit the scope or contenfof this Agreement or in any way affect its provisions. 1.1. Publicity and Property Rights. 14.18.1. The Hauler may not advertise or otherwise use its relationship with the City under this Agreement in any public disclosure without the prior written consent of the City. The prohibition includes, without limitation, brochures, listings, references, advertisements, announcements, or other release of information concerning the existence, content or performance under this Agreement to any third party. 14.18.2. The Hauler is not permitted to photograph, film, tape or other make audio or visual recording at, or allow any unauthorized person to enter the Landfill without the express prior written consent of the City's Director of Solid Waste Services. 14.18.3. The Hauler may not use or permit the use of the trade or service names, marks, or logos of the City or any of its affiliates in any manner. 14.18.4. The Hauler's obligations under this Section 14.18 shall survive the expiration or termination of this Agreement. 14.19. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. Cefe 2007 Bag Lady 100207 dim Page 23 of 30 14.20. Exclusivity of Remedies. Neither party shall be liable for or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. 14.21. Sale of Hauler. In the event of a sale of the corporate stock of the Hauler or the sale of substantially all of the assets of the Hauler to a third party, the Hauler may give notice of early termination of this Agreement and be relieved of any further obligation to dispose of the guaranteed annual tonnage required under Section 2.2.1 above. For such a termination to occur, the purchaser must be a third party that is not related to or affiliated with the Hauler or any owner of Hauler in any manner. Such notice of termination shall be given at least 180 days in advance of the termination date. Upon such termination, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate; provided, however, that the provisions of Article 8 and Sections 12.3, 14.1 8, and 14.19 shall survive the termination of this Agreement. 14.22. Termination of Prior Agreement. If the parties to this Agreement are parties to a prior Waste Disposal Agreement pertaining to the disposal of waste at the J. C. Elliott Municipal Landfill, then, upon the effective date of this Agreement, the prior Waste Disposal Agreement shall terminate and be of no further force or effect, except for survival of the provisions of Article 8 and Sections 12.3, 14.1 8, and 14.19 of the prior Agreement. If applicable, the City agrees to provide Hauler thirty (30) days written notice of the termination of said prior Waste Disposal Agreement and the effective date of this Agreement. The parties to this Agreement have caused this Agreement to be executed on the date the City's representative executes this Agreement. This Agreement is intended to take effect as a sealed instrument. AGREED TO BY: The Bag Lady, Inc. d•-T(17 Mae Dawson President Date: ) , 2 62 7 r-- Cefe 2007 Bag Lady 100207.doc Page 24 of 30 THE STATE OF TEXAS § COUNTY OF 11)(0,0... § This instrument was acknowledged before me on a 2007, on President of The Bag Lady, inc., a Texas corporation, on behalf of the by Mae � � corporation. elkiti } Notary Public State • f Texas CITY OF CORPUS CHRISTI George K. Noe City Manager Date: Attest: 4:'i;':. �iI ' TICI (;ji Notary Public, State of Texas Coon re Expires 10, 2070 Armando Chapa City Secretary Approved as to form: This day of ,2007 Elizabeth Hundley Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager er of the City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public State of Texas Cefe 2007 Bag Lady 100 07.doe Page 25 of 0 EXHIBIT A EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI CEFE VALENZUELA LANDFILL PERMIT [SOP WILL BE DELIVERED UPON APPROVAL BY TCEQ] Cefe 2007 Bag Lady 100207.doc Page 26 of 30 EXHIBIT B INSURANCE REQUIREMENTS Hauler Liability Insurance A. The Hauler may riot deliver any solid waste to the City's J. C. Elliott Municipal Landfill under this Agreement until Hauler has obtained all p insurance required this exhibit and the required insurance has been approved by the City. The Hauler may not allow any subcontractor to deliver solid waste to the Landfill until all similar insurance required of the subcontractor has been obtained and approved. B. The Hauler must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates Commercial General Liability tnciuciing: 'l. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Insurance 5. Broad Form Property Damage B. Independent Contractors 7. Personal Injury AUTOMOBILE LIABILITY - -VINE NON- OWNED R RENTED WORKERS' COMPENSATION EMPLOYERS' LIABILITY MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage .,....., MBINED SINGLE LIMIT AGGREGATE LIMIT OF LIABILITY FOR EACH POLICY PERIOD $_Joo1000 COMBINED SINGLE LIMIT WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 2.A. OF THIS EXHIBIT $100000 C. In the event of accidents of any kind, the Hauler must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Cefe 2007 Bag Lady 10 207.doc Page 27 of 2. ADDITIONAL REQUIREMENTS A. The Hauler and its subcontractors must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self - insurance, then within 10 calendar days after the date the Contract Administrator or his designee requests that the Hauler sign the contract documents, the Hauler must provide the Risk Manager with a copy of its certificate of authority to self - insure its workers' compensation coverage, as well as a letter signed by the Hauler stating that the certificate of authority to self - insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before the expiration of the Agreement by the City, the certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Hauler must immediately provide written notice of such facts to the City, by certified mall, return receipt requested directed to Director of Solid Waste Services, City of Corpus Christi, P.O. Box 9277, Corpus Christi, TX 78469 -9277. Whether workers' compensation coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Hauler and its subcontractors will be promptly met. • B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor- to ", and deleting the wording after '`left'. The name of the project, e.g., ,city of Corpus Christi Solid Waste Hauler Agreement" must be listed under "Description of Operations!' At a minimum, a 0 -day written notice to the City's Risk Manager er of change or cancellation is required. Cefe 2007 Bag Lady 10020 _doc Page 28 of 30 a If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B.(1)-(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B.(1)-(8) are included or excluded. Cefe 2007 Bag Lady 100207.doc Page 29 of 30 5 CITY COIJNCIL AGENDA MEMORANDUM DATE: October 9, 2007 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Temporary Use Privilege Agreement with Corpus Christi Metro Ministries, "Permittee" of'1919 Leopard Street, Corpus Christi, Nueces County, Texas, to use a portion of undeveloped and unsurfaced dedicated public right -of -way, located between 1919 Mestina Street and 1921 Mestina Street (Lots 2 thru 7, Block A, Missouri Improvement Co. Tract), as a Temporary Construction Storage Yard in conjunction with the construction and expansion of the Corpus Christi Metro Ministries Loaves and Fishes Building, located at 1906 Leopard Street, in consideration of payment of $243.20 per month; and declaring an emergency. ISSUE: Corpus Christi Metro Ministries submitted a request for Temporary Use Privilege Agreement to use a portion of undeveloped and unsurfaced dedicated public right -of -way, as a Temporary Construction Storage Yard. REQUIRED ED COU CILACTION: City Charter requires City Council approval for use of any portion of public right -of -way for private purposes. RECOMMENDATION: ATION: Staff recommends approval of the ordinance as presented. 40/ Bob Nix, , AICP ACM of Development Services Attachments: Exhibit A - Background Exhibit B - ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Agreement Corpus Christi Metro Ministries ("Permittee") has requested a Temporary Use Privilege Agreement (TUPA) from the City of Corpus Christi to use a portion of undeveloped and unsurfaced dedicated public right-of-way, located between 1919 lestin Street and 1921 Mestina Street (Lots 2 thru 7, Block A, Missouri Improvement Co. Tract), as a Temporary Construction Storage Yard. Corpus Christi Metro Ministries is asking for the Temporary Construction Storage Yard in conjunction with the construction of the new building that will be located at 1919 Leopard Street, and will house the new Corpus Christi Metro Ministries Loaves and Fishes Cafeteria and Rainbow House Shelter for women and children. Metro Ministries is estimating that the Temporary UPA for the Construction Storage Yard will be for an approximate 10 month period. All public and franchised utilities were contacted. The Wastewater Department has an -inch sanitary sewer line in the east side of the street, that is approximately 7 to 8 feet deep, and is requesting that if any excavation is going to be done for proposed fence poles within that proximity, that Permittee call 1-800-344-8377, for utility line locates, 48 hours prior to the start of construction. City Water Department has an existing 8 -inch waterline within the Mestina Street right-of-way, and is requesting that if any excavation is going to be done within the proximity of the storage yard construction site, that Permittee call 1-800-344-8377, for utility line locates, and the Water Department (826- 1881), 48 hours prior to the start of construction. The proposed TUPA provides for the Permittee to pay the City $24q.20 per month fora period of up to twelve 12 months. Upon completion of the new building, the construction yard would be dismantled and the site conditions restored. Additionally, the Permittee must meet the normal terms and conditions of the City's TUPA as well as the added conditions regarding the need for maintaining the construction yard in a neat and orderly fashion without visible trash, paper and other unsightly debris. EXHIBIT A h :L gen\agOTlupa1 .Metro- NMinistries.A Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TEMPORARY Y USE PRIVILEGE AGREEMENT WITH CORPUS CHRISTI METRO MINISTRIES, ("PERMITTEE") OF 1919 LEOPARD STREET, MACES CORPUS CHRISTI, MACES COUNTY, TEXAS, TO S Po RTION OF UNDEVELOPED AND UNSURFACED DEDICATED PUBLIC RIGHT-OF-WAY, LOCATED BETWEEN 1919 MESTINA STREET AND 1921 MESTINA STREET (LOTS 2 THROUGH 7, LOCK MISSOURI IMPROVEMENT EMENT C . TRACT), AS A TEMPORARY CONSTRUCTION STORAGE YARD IN CONJUNCTION WITH THE CONSTRUCTION AND EXPANSION OF THE CORPUS CHRISTI METRO MINISTRIES LOAVES AND FISHES BUILDING, LOCATED AT 1906 LEOPARD STREET, IN CONSIDERATION ET ATION of PAYMENT OF $243.20 PER MONTH; AND DECLARING AN EMERGENCY. r t1 Metro Ministries, permittee of 1919 Leopard Street, Corpus WHEREAS, Corpus Christi Christi, Nueces County, Texas, has submitted a request for Temporary Use Privilege of undeveloped and unsurfaced dedicated public right-of- way, to portion p ion Storage Yard in conjunction with the construction of way, s a Temporary �onstru g 1 the new building that will be located at 1919 Leopard Street to house the new Corpus � Christi Metro Ministries Loaves and Fishes Cafeteria and Rainbow House Shelter for women and children. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS SECTION 'I. The City Manager, er or his designee, is authorized to execute the .. Agreement to use portion of undeveloped and unsurfaced Temporary Use Privilege Agree � dedicated public right-of-way located between 1919 Mestina Street and 1921 Mestina � through Block A, Missouri Improvement Co, Tract) as a temporary Street (Lots 2 t construction storage yard in conjunction with the construction of the new building at conjunction 1919 Leopard Street to house new Corpus Cor us Christi Metro Ministries Loaves and Fishes Cafeteria and Rainbow House Shelter. Permittee will comply with the terms and conditions of the Temporary SECTION 2. That Per � y Use Privilege Agreement, , a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the Use Privilege Agreement. 1. Corpus Christi Metro Ministries, ("Permittee') pay $243.20 per month for a period �� of up to twelve 12 months, for the Construction storage yard within the portion of undeveloped and unsurfaced dedicated public right -of -way, located between 1919 Mestina Street and 1921 Mestina Street. w - i E - i Rk hared\ ary \aQenda\2 711 -1 \ Ord - uthT J P -i i troMini tri .do Page 2 of 3 2. The Wastewater Department has an 8 -inch sanitary sewer line in the east side of the street, that is approximately 7 to 8 feet deep, and is requesting that if any excavation is going to be done for proposed fence poles within that proximity, that P rmitte call 1 -800 -344 -8377, for utility line locates, 48 hours prior to the start of construction. 3. City Water Department has an existing 6-inch ACP within the Mestina Street * � r f i * r ♦ • • right-of-way, and is requesting that if any excavation is going to be done within the proximity of the storage yard construction site, that P rr itt call 1-800-344- 837 , for utility line locates, and the Water Department (826 -'1881 ), 48 hours prior to the start of construction. 4. No ublic right -of -ways, or any portion thereof, shall be closed or barricaded to use by the public until the P rmitt /Contractor has filed a detour and/or i barricading and/or Traffic Control plan and it has been approved by the Traffic Engineering Department, five (5) days prior to ommencing work. 5. Upon completion of the new building, the construction storage yard site will be dismantled and the site conditions restored. 6. Permittee agrees to comply with all the specified conditions and provisions as set out in the Use Privilege Agreement. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 16th of October, 2007. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: October 10, 2007 } MIA.) Ga + W. Smith Assistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H: \LE -DIF \hared\ arVS \agenda\ o07\10 -1 \ rd- AuthTUPA -M tr inistri s.doo Page 3 of 3 Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas `n the emergency clause of the foregoing ordinance an For the reasons set forth in y . emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you • this ordinance finally on the date it is introduced, or suspend said Charter rule and pass th � at the present meeting of the City council. Respectfully, ectful Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli ondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon LI. 1 Cr-_ni hnrpri rInr,r \ oend 1 10-1 \Ord- uthT IPA -Metro ini ri .do File \Mproject councitexhIbits\exh95029.thvg CITY PROJECT No 95029 SITS PLAN NOT TO SCALE TEMPORARY USE PRIVILEGE AGREEMENT FOR METRO MINISTRIES CITY COUNCIL EXHIBIT cm( OF CORPUS PUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 08-13-2007 File : Vaproject\councilexhibits exh95029.dwg CITY OUNCILoo+�r Oi TEMPORARY USE PRJVILEGE cm or CORPUS a+�sn. TEXAS DEPARTMENT OF ENGINEERING sus AGREEMENT FOR METRO MINISTRIES ' PAGE: 1 w+ L pgTE: 08-13 -2007 6 CITY COUNCIL AGENDA MEMORANDUM October 16, 2007 AGENDA ITEM: Ordinance abandoning and vacating a 925.35-square foot portion of a 5-foot wide utility easement U.E. No. 1 and an 862.50-square foot portion of a 5-foot wide utility easement (U.E. No. 2) out of Lots 2 -A & 3, Lawnview Annex, adjacent to Marguerite Street; requiring the owner, to comply with the specified conditions; and declaring an emergency. ISSUE: The closure is being requested by the City of Corpus Christi in order to fulfill an Exchange Agreement executed between the City of Corpus Christi and the Neighborhood Centers of Corpus Christi ("Center"). This agreement rill restore land to the Center that was needed by the City for the Garcia Arts Center Area Street Improvement Project (#6133/#6134a) and will create a new lot for them located at the comer of Marguerite and Eighteenth Streets. This CDBG funded street project will involve the reconstruction and widening of 17th Street, 18th Street, and Marguerite Streets. The utility easements to be vacated and abandoned are no longer needed and their present location prevents construction on the Center's new lot. PRIOR COUNCIL ACTION: May 22, 2007 - Council approved a Land Exchange Agreement between the City of Corpus Christi and the Neighborhood Centers of Corpus Christi, Inc. (Ord. No. 027292). REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the ACM of Development Services, or his designee. These requirements are in compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Attachments: Exhibit A - Background Information Exhibit B Ordinance Exhibit C - Site Location Map Bob Nix, AICP ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: The City of Corpus Christi ("Owner") is requesting the abandonment and vacating of two utility easements including a 925.35-square foot portion of a 5-foot wide utility easement U.E. No. 1) and an 862.50- square foot portion of a 5 -foot wide utility easement U.E. No. 2). Both easements are out of Lots 2 -A & 3, Lawnview Annex, which are located adjacent to Marguerite Street. The easements are to be abandoned and vacated in conjunction with a Land Exchange Agreement between the City and Neighborhood Centers of Corpus Christi ("Center). This Land Exchange Agreement, approved by City Council on May 22, 2007 (Ord. 027292), enabled an exchange of equal parts of land. Parcel 11, owned by the Center, contains 937.50-square feet needed for the project. The acquisition of this land includes a portion of their existing school building. Through CDBG funding, the Center will be able to reconstruct their building on a new lot which will be created by the land exchange. The City of Corpus Christi is about to commence construction work on Phase 2 of the Garcia Arts Center Area Street Improvement Project #6134a in the area of 17th, 18th, and Marguerite Streets. The new improvements will include new curbs, gutters, sidewalks, driveways, underground storm sewers, and some utility relocations. All public and franchised utilities were contacted. None of the city departments and franchised utility companies had any objections with the portion of utility easements to be abandoned. The easements to be abandoned and vacated are located in an "A-2" Apartment House District. Staff recommends that payment of fair market value be waived because Owner will be dedicating a utility easement of greater value to off -set the proposed abandonment and vacation of the 5 -foot wide utility easements. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A Page I of 3 AN ORDINANCE ABANDONING AND VACATING A 925.35-SQUARE FOOT PORTION OF FOOT WIDE UTILITY ITY EA SE IENT (U.E. NO. 1) AND AN 2. - SQUARE FOOT PORTION OF A 5-FOOT WIDE UTILITY EASEMENT T (ILE. NO. 2) OUT OF LOTS 2-A AND 3, LAW VIEW ANNEX, ADJACENT TO MARGUERITE STREET; REQUIRING THE OWNER, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING EMERGENCY ' is requesting the abandonment and WHEREAS, the City of Corpus Christi (Owner), ' 5-foot wide utility easementU vacating of a 925.35- square foot portion of a wide utility easement (U.E. loo, � � and an 862.50 -s uare foot portion of a -foot � Street, in order fulfill Lawnview Annex adjacent to Marguerite , Lots 2-A and 3, Christi and the executed between the City of Corpus Exchange Agreement eecu City Council on May • Corpus Christi , approved by City Counc Nei hbrhood centers of �o p . 22, 2007 27292. The easement to be abandoned and vacated is located in an "A -2" Apartment House District; and WHEREAS, it has been determined that it is feasible and advantageous to the City of 1I�1 � .. easement, subject to the ' abandon and vacate said portion of the utility ea ] Corpus Christi to provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL OF THE cITY OF CORPUS CHRISTI, TEXAS, THAT: '1 portion of a -foot wide utility easement (UE. SECTION . That a 925.35-square foot ort'� ' 5-foot wide utility easement U.E. No. 2) and an 862.50-square foot portion of a fo, Street, as recorded in .� wnvie�r Annex, adjacent to Marguerite a out of Lots � and 3, La is the Map Records of Nueces County, Texas, Volume 54, Pages 13 and 14 of t , , , . . abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. vacation of the above utility easement is SECTION 2. The abandonment and vac conditioned upon Owner's compliance with the following: 1) Fair Market Value will be awed waived because ner will be dedicating utility easements of greater value to off -set the proposed abandonment and vacation of the 5-foot wide utility easement. 2) must comply with all the conditions of the ordinance within 10 days of Council approval 3) issuance of the ordinance, all grants of Upon approval from Council and iss pp � e in the real property closures must be recorded at owner's een i easement clo ed. Prior to u n Texas, i n which ich the property is located. Map Records of Nueces County, � survey, abstracted for all permit approval of construction, an up-to-date L..J -1l Cry_f,P h,rArn ry \ac1 nda12OO 110 -1 \oi D- abandon - m ate .JtilEa rn nt- it -Lake r+ y r ne c.do Page 2 of 3 easements and items of record, must be submitted to the Director of Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 16th day of October, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: October 10, 2007. Lo 04) An Gary . Smith Assistant City Attorney For City Attorney H:ILE -DIR\ hared\ ary \agenda\ O 110 -'1 \O D- abandon -va ateUtilEasernent- City- LakeviewAnnex.dee Page 3 of 3 Corpus Christi, Texas Day of _ , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas reasons set forth in the emergency clause of the foregoing ordinance an For emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: l we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry El i ondo, Sr. Mike Hummel] Bill Kelly Priscilla G. Leal ... John E. Mare Nelda Martinez Michael McCutchon 1ALE iDI \ I ared‘ afy lagenda1 00 110 -1 NO D- bandan -va ateUtilEa em nt- it -La a rie r Anne .de ,Rgoiaid g#., `.i ,.cv,.oO0- R c4;7 2 # 7 r AiW Z� .F.W; CV 7.:5" *" _! 4ci • 01 3 V‘i 4'4 ■ 94" rte_ IN% zKiwz --zcsk 1 'VI 4d : „inn ‘ A,JQ 4r U (J1' PARCEL LOCATION dais NALAPPirk rafr CORPUS CHRISTI LOCATION Map GARCIA ARTS CENTER STREET IMpROVEMENTS PHASE 2 (N6134) PARCEL 11— NEIGHBORHOOD CENTERS OF CC EXHIBIT B arf COUNCIL VOW wrL' OF ENGINEERINC SERVICES CATS 02/15/2007 Imemoview r IUD + ( 'VWl Ii ► HUU P 1 uv x .Uw [ _ EASEMENTCLOSURE LOT32A & 3, LAWNVIEW ANNEX CORPUS CHRISTI BAY Li I I I I 1 1 1 PROPOSED warty EASEMENT CLOSURES LOCATION MAP ■ _ - NOM MIN 1111111 e IVOR III 4: M. NI '. WCIA?IZV MAP NOT 10 SCALE 1 1 ERITE I US CITY _......i ormateffor coorgatiERRE swas DATE: 02/ /200 N EXHIBIT C 7 AGENDA MEMORAN�UII October 16, 2007 SUBJECT: Whataburger Field - Right Field Party Decd -� Project No. 3 o GE �� A ITEM: a. ordinance ropriating $250,000.0Ofrom the Reserved for capital Repair Work in the Business and Economic Development Fund 11 o for construction of a Right Field Part Deck at vha abur er Field; amending FY 2007 -08 Annual Budget adopted by ordnance No. 027352 to increase a pr pri ti ns by $250 000.00; and d l rind nd emergency. b. First Reading Ordinance authorizing the City Manager or his designee to execute an ar�erndment to the stadium Lease Agreement between the City of Corpus Christi, Texas and Round Rock Baseball, Inc., and assigned to Corpus Christi Baseball Club, LP, a Texas limited partnership to authorize the use of capital Repair Funds for alterations, additions, and new it rovements subject to Lessee paying supplemental rent to replenish the capital Repair Fund; providing for publication. c. Motion authorizing the City Manager or his designee, to execute a Design and Construction contract with Corpus Christi Baseball Club, L.P. of Corpus Christi, Texas in the amount of $250,000.0 for the construction o a Right Field Party Deck at vhataburger Field. FUNDING: Funding is available from the Whataburger Field Capital Repair Reserre. The funds will be re aid by the Corpus Christi Baseball Club, L.P., in the form of supplemental p lease payments. RECOM lENI ATION: Approval of the motion as presented. Angel R. Escobar, P. E. Director of Engineering Services AD ITIONAL Sl PPORT MATERIAL Exhibit A. Background Information Exhibit E. Lease summary Exhibit C. Contract Summary Exhibit D. Site Map Exhibit E. Architectural Drawings 1-1:1F-IOMEIKEVI l 1 EI 1Ba ball\RigI tFi ldPart D k1Awdlliemo.doo BACKGROUND INFORMATION MATIOI PROJECT DESCRIPTION: The project will result in the construction of a Party Deck at the same suite level on the right field line. The deck will provide additional seating and be available for lease. ADDITIONAL II FOi M TION: The deck will provide additional lease space for groups and organizations on a per game lease basis. The deck will provide groups with a lever of enhanced service for special events and other occasions. An architectural schematic of the proposed deck improvements is attached. See Exhibit B. The Design Construction Management Agreement allows the Hooks to independently bid and negotiate the construction of the deck. This is critical to having the deck complete and available for the beginning of the 2008 season. The contract with the Hooks for design and construction services to: • ensure the work is properly design and constructed; • establishes authorization to expend Capital Repair Funds for the project; and • protects the City from exposure to any claims that might arise. LEASE: The lease amendment clarifies that the Capital Repair Fund Reserve can be used for the construction of such alterations, additions, or construction of new improvements. It also specifies that • the funds may be used only when there is an unencumbered balance of $175,000.00 or more; and • Lessee is obligated to pay a supplemental rent to replenish the account until the balance equals $250,000.00. See Lease Summary (Exhibit B). CONTRACT: The contract will be directly between the City and Corpus Christi Baseball Club. The Hooks will select and contract with the design team, contractor, testing laboratory. Prior to starting work the Hooks contractor will provide the City with a certificate of insurance, payment and performance bonds. The City will issue a sales tax _exemption form, review the plans, conduct periodic inspections and make the final inspection prior to acceptance. See Contract Summary (Exhibit C). IMPLEMENTATION TIO[ SCHEDULE: The project is scheduled to be complete prior to the first home game of the 2008 season. 1-1:\HOME\KEVINSIGENNBaseball\RightFieldPartyDeck\AwdBkgExhA.doc IXFIIBIT A� Page 1 of 1 LEASE AMENDMENT SUMMARY Article V, Beginning Condition, Alterations and Improvements, Section 5.3 Alterations, is amended to read as follows: Section 5.3 Alterations. Any subsequent alterations, additions, or construction of new improvements on or in the Leased Premises must be consistent with the permitted uses of the Leased Premises as set forth in Section 4.5 and must be consistent with the then appearance of the Leased Premises and the uses being made thereof; and must be approved in advance in writing by the City, such approval not to be unreasonably withheld; provided, however, that Lessee is not required to obtain the City's prior approval fora non- structural remodeling or installation or removal of F emovables or other trade fixtures and equipment; (b) r tem ors improvements or alterations to accommodate particular events; (c) temporary alterations required to comply with any applicable law or any requirements of the Sanctioning Association; (d) alterations resulting from restorations or repairs of existing facilities; or (e) any nonstructural alterations costing less than $100,000 with respect to any single alteration, or $500,00 in any calendar year with respect to a series of alterations. Notwithstanding the foregoing, Lessee shall have the right to construct additional facilities upon the Land so long as the same are g consistent in exterior appearance with the architectural theme of the Baseball Stadium, Lessee provides the City reasonable evidence of Lessees ability to pay for the same, and so long as the same, when completed, will not have reduced the overall utility of the Baseball Stadium or weakened or impaired the structural integrity of the Baseball Stadium. For work requiring the City's approval, Lessee shall submit the p lams, specifications and construction drawings to the City with Lessee's request for approval. Anything to the contrary herein notwithstanding, no such alterations, additions, or improvements shall cause the facilities within the Leased Premises to cease to qualify as a "project" under Section 4A(i) of Article 5190.6, Texas Revised Civil Statutes. jthe event the Ca a1 Re • air Work Account, after aQcountin for ali Capital F e r II or ro osed b Lessee pursuant Section 71 1 d , has an unencumbered balance of $17QQQor more urs�ant t Lessee with the approval of the City, which approval shall not unreasonably withheld may utilize such unencumbered CapRepair Work court funds for the construction of such alterations, additions, or construction of new improvements, If Lessee s _utilizes the Capital Repair Work Account funds the , - Lessee steall be obli . aced to a the su • • lerental rent as • rovided in Sections 4.3(1) and 4.4 b until the Ca ital Repair Work Account has a balance of 25O 000 durin• the initial term and a balance calculated in accordance with 71 1 c below for an renewal option period. Should the s_Ippjemental rent not restore to the Ca • ital Repair Work Account the amount used for the financing of rest such alteration addition or construction of new improvements within twenty-four 24 months of the com•letion of such alteration addition or construction of new Iiprovements then in such event Lessee shalt ay from its own funds such amount t ne essa to so restore the Ca • ital Re • air Work Account within sixt 60 Exhibit B Par • e 1 of 2 H:1H ME \I EVIN \ EN\Ba ebaII RightFieldPartYDec \Awd .easesumExhB.doc days of notice from the C1 Additionally and notwithstanding any provision of this Lease in the event ca ital re • airs are r • uired ' ursuant to Section 7.11 and fkuic;Is aavailable in the Capital Repair Work Account are not sufficient to perform the required Ca • ital Fie •air Work due to use of funds in the Ca • ital Repair Work Account for the financing of alterations: - -- additions or construction of new irn • rvements under this Section, then Lessee shall pay, from its own funds the cost of the Capital Repair WorI . to the - amount of funds used from the Capital Repair Work Account for finan in • alterations additions, or construction of new improvements under this Section. Exhibit _Page 2 of 11:\HOME\KEVINSIGEN\Baseball\RightFieldPartyDeck\AwdLeaseSurnExhB.doc DESIGN AND CONSTRUCTION AGREEMENT SUMMARY Y CONSTRUCTION MANAGER'S DUTIES (1) Construction Manager will retain the services of a firm(s) or individual(s) professionally and fully qualified to act as the design professional registered or licensed to practice engineering by the State of Texas; The Construction Manager will select and contract with a qualified general contractor for the Project; (3) Construction Manager will ensure that all necessary licenses, permits, inspections, or other authorizations necessary to construct the project are obtained by the contractor and its subcontractors; Construction Manager has or will secure the expertise, experience, and knowledge as well as the necessary plant, personnel and financial capability to perform the Design Services and the Work in accordance with the terms of the Contract; Prior to the award of a construction contract the Construction Manager will ensure its general contractor has visited and inspected the Project site and the local conditions under which the Project is to be designed, constructed and operated, and Construction Manager has performed such tests, if any, as are necessary to determine the conditions under which the Work will be performed, and Construction Manager accepts the conditions of the Work site and has taken those conditions into account in entering into the Contract; (6) Contemporaneous with execution of the construction contract, insurance certificates (Exhibit A) as set forth in Article 14, and payment bonds (Exhibit B) and performance bonds (Exhibit as set forth in Article 15 shall be delivered to City. Construction Manager will pay all fees and expenses due and payable to the consultants, design professionals, and general contractor. Construction Manager assumes full responsibility to City for the improper acts and omissions of its Subcontractors or others employed or retained by Construction Manager in connection with the Project. CITY'S RESPONSIBILITIES (1) City will provide funding for the construction of the Project through and from the Capital Repair Work Account established by Section 7.11 of the Stadium Lease Agreement in a sum not to exceed $250,000.00 payable based on the p erentae of construction completed as evidenced by progress payments to the contractor subject to the delivery of copies of monthly progress payments certified by signature of an individual professionally and fully qualified to act as the design professional registered or licensed to practice architecture or engineering in the State of Texas. Progress payments will not be made more than once per thirty day period. Exhibit C Pet oft 1 LOCATION MAP NOT TO sr412- CORPUS CHRISTI BAY MAIN ENTRANCE CITY PROJECT No. 4350 E PORT AIN SITE PLAN NOT TO SC4LE EXHIBIT WHATABURGER FIELD -RIGHT FIELD PARTY DECK CITY COUNCIL MIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 10-08-2007 - - - ow — - Exhibit E-4 Page 1 of 4 Exhibit E-iT1 Page 2 of 4 At (116 CS 5 PI ILI E: � | / /Q�-- .^_ -_- — gricier /��__- --_- IcT | §-41! 1 4.21.11 Exhibit E4 tb Page 3oY4 rExhibit E-4 Pag__4 of 4 Page 1 of AN ORDINANCE APPROPRIATING $ Ro FROM THE RESERVED FOR cAP1TAL REPAIR WORK IN THE BUSINESS AND ECONOMIC DEVELOPMENT FUND 1140 FOR THE CONSTRUCTION F A RIGHT FIELD PARTY DECK AT WHATABURGER FIELD; AMENDING FY 2007-2008 ANNUAL BUDGET ADOPTED BY ORDINANCE NO. 027352 TO INCREASE APPROPRIATIONS BY $250,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE cm( COUNCIL OF CORPUS CHRISTI, TEXAS: is from the Reserved for Capital Repair SECTION '� . That $250,000.00 � � apropr #ated ���� Work in the Business and Economic Development Fund 1140 for the construction of right field art deck at hataur�aer Field. l � SECTION 2. That the Fiscal Year 2007-2008 Annual Budget, adopted by Ordinance No. 027352, is amended to increase appropriations by $250000.a ' request the Mayor or five council members, copy SECTION �. That upon written revue City - an emergency due to the need for the Cit council finds and declares attached, � � administration City affairs immediate necessary for the efficient and effective adrr �rx�rx�ed�ate action r�ece � of and voting upon er rule that requires consideration o and suspends the Charter shall take that this ordinance is passed and ordinances at two regular meetings so 16th . this the '1 of October, 2 effect upon first reading as r� emergency C1TY of CORPUS CHRISTI ATTEST: Armando Chapa City Secretary APPROVED E as to form: October 10, 2007 � r /dam By: f; 4 G . W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor .__�..... on A Pit"%nip, A IAA .#nkt reiarF P rtvDe Halo r Page 2 oft Corpus Christi, Texas Day of —, 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli and , Sr. Mike Hu ell Bill Kelly -- - Priscilla G. Leal _ -- John E. Hare Nelda Martinez - -- Michael McCutchon HALE - DiR‘Shared\ arvMagenda12o07110 -1 I RD- Approp- hatabur erFieldPartyn k.doo Pagel of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE STADIUM ! LEASE AGREEMENT BETWEEN THE CITY CORPUS CHRISTI, TEXAS • AND ROUND ROCK BASEBALL, INC., AND ASSIGNED TO CORPS CHRISTI BASEBALL CLUB, LP., A TEXAS LIMITED PARTNERSHIP, TO AUTHORIZE THE USE OF CAPITAL REPAIR FUNDS FOR ALTERATIONS, ADDITIONS, AND NEW IMPROVEMENTS SUBJECT TO LESSEE PAYING SUPPLEMENTAL RENT TO REPLENISH THE CAPITAL REPAIR FUND; PROVIDING FOR PUBLICATION. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY CORPUS CHRISTI, TEXAS, THAT: SECTION I. The City Manager or designee is authorized to execute an amendment to . City of Corpus Christi, Texas and Round the Stadium Lease Agreement between the ty Rock asebal 1, Inc., and assigned Corpus to Cor us Christi Baseball Club, LP., a Texas • authorize the use of Capital Repair funds for alterations, Limited Partnership, to .. subject to Lessee paying supplemental rent to additions, and new improvements, subject replenish the Capital Repair Fund. made in the official publication of the City of Corpus SECTION Publication shall be ran p 1eae including the names of the parties, the Christi publishing a description of the lease, term, pa ments to the City and purpose of the lease. n-ig\ rd- Baseball tadiumL a r ment.do Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of _ , 200 7, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly -- That the foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell _ Michael Mcc tchon Bill Kelly - PASSED AND APPROVED this the day of _ - , 2007. ATTEST: Armando Chapa City Secretary APPROVED E as to form: October 10, 2007 i G ry . Smith Assistant City Attorney for the City Attorney Henry Garrett Mayor H � P _tII1 1 h2rFidl ary laaeridal 0071 -1 fiord- Ba bail tadiu Las gr eCr ent.do 8 AGENDA MEMORANDUM SUBJECT: Rincon Bayou Diversion (Projects No. 8443) Award of Contracts for Monitoring Services October 16, 2007 AGENDA ITEM: his in the City Manager, er, or his designee, to execute a contract with the a. Motion authorizing � Center for Coastal Studies, Texas ABM University — Corpus Christi not to exceed $159,959.00 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 200 7-2008. authorizing the City Manager, or his designee, to execute a contract with the b. Motion autho � Division Nearshore Research, Texas All University— Corpus Christi not to exceed iv�sron dears . for Salinity and Freshwater Inflow Monitoring associated with the Rincon $122,1 8 t Bayou Diversion Project 200 7-2008. c. Motion authorizing in the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A&M University— Corpus Christi not to exceed $58500.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2007 -2008. d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,231.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 200 7-2008. ISSUE: The Texas Commission for Environmental Quality (TCEQ) requires biological monitoring to evaluating the effects of the Rincon Bayou Diversion Project. The monitoring will the data necessary to determine the project impact on primary production, v�Il r�It in t � phytoplankton biomass, species eies abundance and diversity and emergent marsh vegetation � in the project area and nearby marshlands. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's F r 200 - 8 adopted Operating Budget. RECOMMENDATION: Approval of the motion as presented. la bus Gonzalez, P.E. � Interim Director of Water Services Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Additional Information Prior Council Action Summaries of Contracts Location Map gel R. Escobar, P. E. Director of Engineering Services /O Page 1 of 1 HAHOME\KEVINS\GEMATER\RINCOM2007-2008\Awardmemo.doc EXHIBIT Al ADDITIONAL INFORMATION SUBJECT: Rincon on ayou Diversion Award of Contract for Biological Monitoring Services PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: It is anticipated that Council may be requested to approve amendments to address monitoring for one additional year. Alan Plummer and Associates has worked with TCEQ o ensure the contracts address the scientific and permitting issues associated with the Rincon Diversion and the Allison WWTP Diversion projects. The City has worked closely with the Texas Commission n for Environmental Quality (TCEQ) to develop a unified monitoring work program for the Rincon Diversion Project. The frequency and amount of future amendments will be based on the requirements of the Rincon Monitoring, and the level of monitoring required by Allison project, as determined by an annual assessment. The City may elect to cease monitoring at any time which is permitted by termination clauses in these contracts. PROJECT OVERVIEW: E= wound: The City's overall strategy for long- term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke Canyon /Lake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two - phased planning study that recommended the potential beneficial re --use of wastewater effluents as a means of enhancing the productivity of the Nunes Estuary that may alleviate part of the need to provide fresh water from the reservoir system. !!pjitoring! The biological and chemical evaluations being conducted will document the effects of the wastewater effluent and freshwater diversions to the Rincon Delta and Nueces Bay. The ICE requires that the effects of the discharge of the Project be monitored for productivity by measuring changes in biomass and growth rates of plant and animal communities in the Project area and nearby wetlands. CONSULTANTS INFORMATION: HAHOMEWEVINS\GEMINATERRINCON\2007-2008\AWDBKGExhibitA.doc Page 1 of 2 Coastal Studies CCU has conducted similar on-going monitoring in the T Center for Project area City for the Cit or other agencies, such as the Corpus Christi Port Authority. As a result, CCS is singularly q ualifi d to continue to provide monitoring Rincon Bayou Diversion duration of the Project in accordance with the parameters established by the Prc�atfrtha � City and the TCEQ. Their monitoring will include monitoring associated with the Allison � Diversion Project. .. of Nearshore Research (DNR) ha s been developed t address research The D�v�s�n . coastal water resources. They were formally part of the Conrad Blucher Institute. related � The principal investigator vest! atr that conducted salinity and freshwater inflow monitoring for the City during prior monitoring periods will do the monitoring during 2007 -2008. � The Harte Research Institute will undertake benthic sampling and collection of n�ton water nutrients, salinity and temperature and compare biomass, hytla abundance, density, diversity and species distribution for relevant changes in n water quality and sediment grain size. Harte Research Institute hired the principal that previously conducted this portion of the monitoring program at UT SI. ue to monitor phytoplankton biomass, biochemistry, water physical and lJT1�� will continue t . chemical characteristics, species composition and changes in type of vegetative hcrn�ca � r . communities. These components of the work program will continue to be conducted by principals that have previously conducted this monitoring. XH4BIT is] Page 2 of 2 1-1:1H ME1 EVIH 1 E \WATERRIf 11 07- 00 1AwDB ExhibitA.do PRIOR COUNCIL ACTIONS 1. ApriI1991 and riI 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces es Estuary Regional Wastewater Planning Study, Phase 1 in April, 1 991 ($25,900 of $150,000) and Phase 11 in April, 1992 ($79,000 of $258,000). 2. January, 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3. March 1 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051). 4. September 26 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,509 for livestock watering purposes (M95-284). 5. October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A&M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332) 6. November 19 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348). 7. April ,_1998. Acceptance of an Access Easement valued at $15000 from Mr. John S. McGregor for access over a 20 -foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). 8. April 1998. Award of contract in the amount of $825621 with West Oaks Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCs) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon on Delta and Nueces Bay (M98-398); Exhibit Page 1 of b. in the amount of $90500 with the Conrad Blucher Institute (CPI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and . in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute UTMSI for Biological Monitoring of the Effects of Wastewater (M98-400). 10. September 28 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces es Bay (M99-337); b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99 -338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute L T SI for Biological Monitoring of the Effects of Wastewater (M99-339). 11. October 10 2000 a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon on Delta and Nueces Bay M2O00 -36O). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86,286 for On-Going Salinity Monitoring in the Rincon on Delta and Nueces Bay (M2000-361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2000-362). 12. Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the g i r amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363). 13. March 13,2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for g g services related to the Ike-- opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir the Nueces Delta for a price to be negotiated (M2001 -106). 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a Exhibit Bj Page 2 of H :\HOME\ EVI S\ EI \WATER\ I 1 1 407 - OO IAWdPriOrA tionsE chadoc construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project -- Nueces Overflow Channel (M2001-273). 15. October 23, 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) M2001-402). 16. November 13 Zoo r-- a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001-421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher institute in the amount of $87,470 for on -Going Salinity Monitoring in the Rincon on Delta and Nueces es Bay (M2001-422). d. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay M2001.423). 17. June 25 2002 - Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,'192 for biological monitoring services associated with the Rincon on Bayou Diversion Project (M2002-179). 18. November 19 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $165,748 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-398). 19. September 30, 2003 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $103,000 for Ammonia and Biological Monitoring associated with the Rincon on Bayou Diversion Project (M2003-352) b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project (M2003-353) c. Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $1 39,719 for: • Assistance with Allison Effluent Diversion Demonstration Project Studies and Reports; • Support of Rincon Bayou Diversions Studies; Exhibit Page 3 of H:1HOME \KEVIN \ EN\WATE \ INCO 112007 - 081AwdPri rA tionsExhB.d o • Coordination of Studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversions Project; and • Assistance with Nueces River Basin Feasibility Study (M2003-354). 20. November 18 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $1 91,545 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2003-415). 21. November!. 9, 2004 - a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University -- Corpus Christi not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004 -2005 (M2005-406). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004-2005 (M2OO44O7), c, Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $228,296 for biological monitoring services associated with the Rincon Bayou Diversion Project 2004-2005 (M2004-408). 22. October 1.1 2005 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University — Corpus Christi not to exceed $114,875 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2005 -200 (M2005-344). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $112,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2005-2006 (M2005-345). 23. October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $264247 for biological monitoring services associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005-369). 23. July 25 2006 - Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $135,000 for consulting services necessary to assist in the coordination and review of various activities affectin g the Nueces Delta (M2006-238). 24. October 10_, 2006 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University — Corpus Christi not to exceed $149,940.68 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2006 -2OO7 (M2006-327). [Exhibit 6i Page 4 of 5 11:\HOMEVEVINS\GEMATER\RINCON\2007-2008\AwdPriorActionsExhadoc b. Motion authorizing in the City Manager, r his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $114,844.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon on Bayou Diversion Project 200 6-2007 (M2006-328). c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $58,500OO for Biological Monitoring associated with the Rincon n Bayou Diversion Project 200 6-2007 (M2006-329). d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $207,764.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 200 6-2007 (M2006-329), Exhibit B Page 5 of 5 1-1:1HOMEWEVINS\GENANATER\RINCOM2007-2008\AwdPriorActionsExhB.doc PRIOR F COUNCIL ACTIONS 1. Apri1,1991 and April 1992 Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase! in Ap ril 1 991 $25,000 of $150000) and Phase 11 in April, 1992 ($79,000 of $258,000). 2. Manua 1994. Approval f the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement wastewater for water releases into the Bay Estuaries usinwastewater diversion in lieu of freshwater releases. 3. March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051). 4. September ?_6__19 Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. 0.5. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2. 5 inch water pipeline valued at $48,500 for livestock watering purposes (M95-284). 5. October 15 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A &M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332) 6. November 19 1995. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,999 (M96 -348). 7. April 8, 1998. Acceptance of an Access Easement valued at $1 5,999 from Mr. John S. McGregor or for access over a 20 -foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). . April 8, 1998. Award of contract in the amount of $825621 with West Oaks Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the incon Delta and Nueces Bay (M98-398); Exhibit B Page 1 of b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M98-400). 10. Se.tember 28 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99-337); b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay M99 -338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M99-339). It October 10 20Q0. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000 -360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86,286 for on -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2O00361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2000-362). 12. Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363). 18. March rch 13, 2001 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDr En ineerin for g Engineering services related to the Re-Opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001-106). 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a H:1R ME\ EVIN81 E IWATE 1RINCO l2OO7- OD81AwdPriorAotionsEachB,do Exhibit Page 2 of 5 construction contract in the amount of $74,300 with Gallager Construction for the Rincon on Diversion Project — Nueces Overflow Channel (M2001-273). 15. Octobe - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates Inc. for Nueces Delta Monitoring Program, Program Coordination, and Report Integration services (Rincon Bayou Diversions) (M2001-402). 16. November 13,2001 -- Motion authorizing the City Tana er, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001-421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001-422). d. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon on Delta and Nueces Bay (M2001-423). 17. June 25 2002 - Motion authorizing the City Manager, or his designee} to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-179). -179). 18. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences institute, in an amount not to exceed $165,748 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002-398). 19. September 30 2003 authorizing the Cit Manager, or his designee, to execute a contract with the a. Motion City Center for Coastal Studies, Texas A&M University -- Corpus Christi not to exceed $103,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project (M2003-352) authorizing the City Manager, or his designee, to execute a contract with the b. Motion g g of Nearshore Research, Texas All University— Corpus Christi not to exceed Division $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon on Bayou Diversion Project (M2003-353) c. Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $139,71 for. . • Assistance with Allison Effluent Diversion Demonstration Project Studies and Reports; • Support of Rincon Bayou Diversions Studies; H:1H ME \KEVIN 1 E WATER INCON1 O7 2 8 vdPri0rA tiansE chB.d0c TE-xhibit B Page3of • Coordination of Studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversions Project; and • Assistance with Nueces River Basin Feasibility Study (M2003-354). 20. November 18, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $191,545 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2003-415). . 21. November 9 2004 -- a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004 -2005 (M2005-406). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004 -2005 (M2004.-407). c, Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $228,296 for biological monitoring services associated with the Rincon Bayou Diversion Project 2004 -2005 (M2004-408). 22. October 11 2005 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University — Corpus Christi not to exceed $114,875 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005-344). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $11 2,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 200 5-2006 (M2005-345). 23, October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $264,247 for biological monitoring services associated with the Rincon on Bayou Diversion Project 200 5-2006 (M2005-369). 23. July 25, 2006 - Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed si 3 , 00 for consulting services necessary to assist in the coordination and review of various activities affecting the Nueces Delta (M2006-238). 24. October 10, 2006 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $149,940.68 for Ammonia and Biological Monitoring associated with the Rincon on Bayou Diversion Project 2006 -2007 (M2006-327). Exhibit B Page 4 of H:IH MEIN EVINSIGENIWATEFAIRIN N\2 07 -2 0 IAwdPriorAotionsExhB.doc b. Motion authorizing the City Manager, or his designee, to execute a contract er with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $1'14,844.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2006-2007 (M2006-328). c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A&M University— Corpus Christi not to exceed $58,500.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2006 -2007 (M2006-329). d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $207}764.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2006 -2007 (M2OO6-329). [xhibitB Page 5 of HAHOME\KEVINS\GEN\WATERRINCON\2007-2008\AwdPriorActionsExhB.doc CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "city ", and the Center for Coastal Studies at Texas A &M University - Corpus Christi, hereinafter called "CCS", hereby agree as follows: 1. SERVICES TO BE PERFORMED ccs hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for: . Monthly ecological /biological monitoring at six locations as described in the proposed "Recommended Monitoring Plan for Rincon Bayou, Nueces es Delta" dated July 3, 2002, • Weekly collection of treated wastewater samples for ammonia analysis at the Allison Wastewater Diversion Project cells and diversion cell inspection monitoring from October 2006 through September 2007. 11. SCOPE OF SERVICES CCS's services will be those necessary to provide the monitoring required deliver an annual written report corresponding to the three major tasks (Rincon Bayou Monitoring, Allison Diversion Project Monitoring, and Allison Ammonia Sampling). CCS will complete the tasks set forth by Section li.A as set forth in the research proposal attached as Exhibit A. A. TASKS Rincon Bayou Mnitring- To provide the necessary data to evaluate the effects of freshwater diversions from the Nueces River into Rincon Bayou, and to determine if differences exist between the diversion site and comparable non- diversion sites, the following measurement tasks will be performed: 1. Monthly sampling to determine species abundance, density, diversity, distribution, and biomass of benthic macroinfauna at all six stations. 2. Annual sampling and analysis to determine sediment grain size analysis will be measured, 3. Species abundance, density, diversity, distribution, and biomass of epifaunal invertebrates, and nekton in the Nueces Delta will be measured, 4. Number and type of avian species along with habitat usage that notes location, date, and time will be monitored, 5. Physiochemical parameters that include but are not limited to water temperature, dissolved oxygen (% saturation and mg/L), pH, conductivity, and salinity will be measured at all six stations. Allison Wastewater Diversion Pro 'ect Monitorin . CCS will perform following tasks will be performed during the collection events: 1, Inspect the entire above ground pipeline route from the Nueces River to the three diversion cells for possible leaks or operational failure; 2. Inspect all diversion cell walls for possible erosion or other failures which may hinder operations; 3. Inspect all above ground inflow valves, pipes, and discharge points within the diversion cells for any signs of operational failure; [-Exhibit c -1 Wage 1 of 2 4. Visually inspect all perimeter fencing at the project for possible breaks; 5. Conduct bird surveys of the diversion cell area; 6. Provide for immediate inspection response, on a 24-hour on call basis, should the City of Corpus Christi determine that a problem exists at the project area. Ammonia and Inspection 1lonitorif• - Allison Wastewater Diversion Project Based on existing permit requirements issued by the Texas Commission on Environmental Quality the following tasks will be performed during collection events: 1. Water samples will be collected from each diversion cell three times each week and transported for Ammonia- Nitrogen analysis at the O.N. Stevens Water Quality Laboratory; B. RESEARCH PLAN AND METHODS The specific research plan and methods for the 2007 — 2008 monitoring period are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C. PRODUCTS ccs will deliver an annual written report by February 1, 2009. The annual report will be written by the prin ipal investigators. CCS will not change the principal investigators without notifying the City of the proposed replacement and receiving written approval from the City. The City will not unreasonably withhold approval. The comprehensive annual report will describe the results of the tasks associated with the Rincon Bayou and Allison Wastewater Diversion . Findings will be integrated and presented to assess the current status of the estuarine ecosystem of the Nueces Delta. All annual reports will be technical reports of the Center for Coastal Studies at Texas A&M University - Corpus Christi. The principal investigators involved with this project will assist the City of Corpus Christi, either through written or personal communication or direct presentation to the Texas Commission on Environmental Quality, should any proposed changes to the work plan be necessary. Principal investigators will participate in any meetings necessary to allow the City to coordinate the findings with other studies prepared by separate contract. No annual report is required for the ammonia water sample collection or inspection- monitoring portion of the contract. Each chapter will incorporate the results of the current year with that of prior year data. Temporal and spatial comparisons that display significant correlations or patterns among various parameters will be presented in graphic or tabular format. Comparisons with past studies and other neighboring studies will be made where data exist. D. ORDER OF SERVICES The monitoring period will be for 1 months, from October 1, 2007 through September 30, 2008. 111. FEES AUTHORIZED The City will pay CCS a fixed fee not to exceed $158,959.00 for providing all services. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II, Exhibit -1 Page2of CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City ", and the Division of Nearshore Research (DNR) at Texas A&M University - Corpus Christi, hereinafter called "DNR ", hereby agree as follows: I. SERVICES TO BE PERFORMED DNR hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of four salinity monitoring stations and one tidal /meteorological monitoring station in the Nueces River, Bay, and Rincon Delta. II. SCOPE OF SERVICES DNR "s services will be those necessary to provide the monitoring required deliver an annual written report corresponding to station service including: • change of Hydrolab instruments with a freshly calibrated unit every 2 weeks; • report of all stations readings of salinity and water temperature, with some units also reporting dissolved oxygen, Ph and water depth; • making all data available in graphical and tabular format on the DNR website http : / /dnr.cbi.tamucc.e u /data) within one hour of the time data were collected; and • making available printable electronic monthly progress reports on the DNR website (http :/ drn.cbi.tomucc.edu projects nueces ). DNR will complete the tasks set forth by Section ILA as set forth in the research proposal attached as Exhibit A. A. TASKS DNR will complete the following tasks: Nueces Bav Balinit Monitorinq — Freshwater Inflow DNR will conduct Nueces Bay salinity monitoring two monitoring latforms in the bay, one near Whites Point (SALTO) and the other mid bay, near the CPL (AEP) power lines SALT 1 , one station in the Nueces River (SALTO), and another in the delta SALTO . Parameter measured by DNR will include salinity, conductivity, dissolved oxygen, water temperature, and pH. Station Salt 05 parameters will include salinity, water temperature and water depth only. This is an ongoing project originating in the fall of 1991. The stations are placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report http :iirighthouse.tamucc.edu /salrel produced by DNR shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow DNR will monitor salinity and water level is monitored at SALT08 near the mouth of the Rincon, in addition to the standard suite of measurements. Parameters measured at station Salt08 will consist of salinity, water temperature, and water depth only. The Rincon Diversion Project resulted in excavation of a channel to allow water during high flow events to pass from the Nueces River into the Rincon Delta. The next phase of the Rincon Diversion Project will result in pipeline and pump station to provide flows into the Rincon Delta during low and normal flow conditions on the Nueces River. UTMSI and CCS are presently conducting long- term biological studies of the effects of this diversion. Data from SALT08 is necessary to support studies by UTSMI and CCS. Nueces Bav Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal/meteorological station 011 in the upper part of Nueces Bay at Whites Point. DNR will use precise water level measurements from this station as a reference for work by the others in the various projects in the bay, river, and delta. Station Service And Maintenance DNR will exchange freshly calibrated Hydrolab units with knits on station every other week. DNR will provide post calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. DNR may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab. The Exhibit C-2 Pa e 1 of 2 maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards. Data collection DNR will program a computer to poll each station every half hour. Five measurements will be obtained from each instrument, which are then averaged. DNR will place the hourly averages into the database and be reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average http : / /Iighthouse.tamucc.edu /salrpt , Monthly salinity in relation to the Upper and Lower Salinity bounds is found at http : / /dnr.cbi.tarnucc.edu /salrel, which is used to determine if the City may take credit from freshwater release from the storage facilities. Instrument Calibration DNR will ensure all calibration standards used are ITT traceable, and purchased from a qualified instrument maintenance company. DNR will use calibration and post - calibration methods established by the manufacturer of Hydrolab. All calibration and post - calibration records are available on the DNR website, http : / /dnr.cbi.tamucc.edu /calib. DNR will maintain an instrument maintenance agreement with a qualified instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of the instrument will be covered under the warranty agreement and replaced as needed. Replacement of H drolab Egipnnnt DNR will replace two (2) Hydrolab stations including new battery packs, sensors and related equipment. Dollaboritive Monitoring DNR will provide data to support those research efforts currently being done by CCS, the Harte institute, UTIISI, and the City. E. RESEARCH CH PLAN AND METHODS The specific research plan and methods are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C. ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2007 through September 30, 2008. III. FEES AUTHORIZED The City will pay DNR a fixed fee not to exceed $1221 $122,181 for providing all services for 2007- 2008. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section 11. Exhibit C-2 L Page 2 of 2 CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City ", and the Harte Research Institute at Texas A &M University - Corpus Christi, hereinafter called "Harte ", hereby agree as follows: 1. SERVICES TO BE PERFORMED Harte hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for: • Biological monitoring at three locations as described in the "Research Contract Proposal titled "Rincon Bayou Diversion Project, Biological Monitoring, Year 7: 2007 — 2008 dated September 7, 2007" attached as Exhibit A. Il. SCOPE of SERVICES HART's services will be those necessary to provide the monitoring required deliver an annual written report corresponding to the major tasks outlined in the Research Proposal dated September 7, 2007. Harte will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A. A. TASKS Rincon Bayou Monitoring The monitoring will assist in the: • Determination of whether any harm occurs as the result of freshwater diversion from the Nueces River into Rincon Bayou; • Assessment of the benefits of the diversion on primary and secondary productivity in Rincon Bayou; and • Development of an optimal operational management procedure for freshwater pass - through based on sound scientific basis. Tasks to be completed include monthly: • Benthic sampling and collection of ph rtoplankton biomass (chlorophyll a) and water chemistry e.g., nutrients, salinity, & temperature) for analysis by UT iSI; and • Determination and comparison of biomass, abundance, density, diversity, and species distribution of benthic infauna in Rincon Bayou for relevant changes in water quality e.g., salinity) and soil charactieristics e.g., sediment grain size). B. RESEARCH PLAN AND METHODS The specific research plan and methods for the 2007 — 2008 monitoring period are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C. PRODUCTS Harte will deliver an annual written report by January 2009. The annual report will be written by the principal investigators. Harte will not change the principal investigators without notifying the City of the proposed replacement and receiving written approval from the City. The City will not unreasonably withhold approval. The comprehensive annual report will describe the results of the tasks associated with the Rincon Bayou and Allison Wastewater Diversion. Findings will be integrated and presented to assess the current status of the estuarine ecosystem of the Nueces Delta. All annual reports will be technical reports of the Harte Research Institute at Texas A&M University- Corpus Christi. The principal investigators involved with this project will assist the City of Corpus Christi, either through written or personal communication or direct presentation to the Texas Commission on Environmental Quality, should any proposed changes to the work plan be necessary. Principal investigators will participate in any meetings necessary to allow the City to coordinate the findings with other studies prepared by separate contract. The City reserves the right to terminate monitoring Allison Wastewater Monitoring services by written notice to the principal researcher. Exhibit -3 Page 1 of 2 Each chapter will incorporate the results of the current year with that of prior year data. Temporal and spatial comparisons that display significant correlations or patterns among various parameters will be presented in graphic or tabular format. Comparisons with past studies and other neighboring studies will be made where data exist. D. ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2007 through September 30, 200 8. III. FEES AUTHORIZED The City will p HATE a fixed fee not to exceed $58500.00 for providing all services. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section 11. PExhibit C-3 _ j'___lage 2 of CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City ", and the Harte Research Institute at Texas A&M University - Corpus Christi, hereinafter called "Harte ", hereby agree as follows: I. SERVICES TO BE PERFORMED D Harte hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for: • Biological monitoring at three locations as described in the 'Research Contract Proposal titled "Rincon Bayou Diversion Project, Biological Monitoring, Year 7: 2007 — 2008 dated September 7, 2007" attached as Exhibit A. 11. SCOPE OF SERVICES HAFTE`s services will be those necessary to provide the monitoring required deliver an annual written report corresponding to the major tasks outlined in the Research Proposal dated September 7, 2007. Harte will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A. A. TASKS Rincon Bayou M nit ring: The monitoring will assist in the: • Determination of whether any harm occurs as the result of freshwater diversion from the Nueces River into Rincon Bayou; • Assessment of the benefits of the diversion on primary and secondary productivity in Rincon Bayou; and • Development of an optimal operational management procedure for freshwater pass - through based on sound scientific basis. Tasks to be completed include monthly: • Be this sampling and collection of phytoplankton biomass (chlorophyll a) and water chemistry (e.g., nutrients, salinity, & temperature) for analysis by UTMSI; and • Determination and comparison of biomass, abundance, density, diversity, and species distribution of benthic infauna in Rincon Bayou for relevant changes in water quality e.g., salinity) and soil charactieristics (e.g., sediment grain size). Bi RESEARCH PLAN AND METHODS The specific research plan and methods for the 2007 —2008 monitoring period are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C. PRODUCTS Harte will deliver an annual written report by January 2009. The annual report will be written by the principal investigators. Harte will not change the principal investigators without notifying the City of the proposed replacement and receiving written approval from the City. The City will not unreasonably withhold approval. The comprehensive annual report will describe the results of the tasks associated with the Rincon Bayou and Allison Wastewater Diversion. Findings will be integrated and presented to assess the current status of the estuarine ecosystem of the Nueces Delta. All annual reports will be technical reports of the Harte Research Institute at Texas A &M University- Corpus Christi. The principal investigators involved with this project will assist the City of Corpus Christi, either through written or personal communication or direct presentation to the Texas Commission on Environmental Quality, should any proposed changes to the work plan be necessary. Principal investigators will participate in any meetings necessary to allow the City to coordinate the findings with other studies prepared by separate contract. The City reserves the right to terminate monitoring Allison Wastewater Monitoring services by written notice to the principal researcher. Exhibit C-3 Pa_ge 1 of Each chapter will incorporate the results of the current year with that of prior year data. Temporal and spatial comparisons that display significant correlations or patterns among various parameters will be presented in graphic or tabular format. Comparisons with past studies and other neighboring studies will be made where data exist. D. ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2007 through September 30, 2008. 111. FEES AUTHORIZED The City will HARTE a fixed fee riot to exceed $58,500.00 for providing all services. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section 11. Exhibit -3 Pale 2 of 2 CITY OF CORPUS CHRISTI RINCON BAYOU DIVERSION PROJECT - BIOLOGICAL MONITORING YEAR 7: 2007 -2008 CONTRACT FOR SERVICES The City of Corpus Christi, Texas, hereinafter called "City ", and The University of Texas at Austin, on behalf of the Marine Sciences Institute, hereinafter collectively called "UT" hereby agree to the following amendment of the original contract approved June 25, 2002 (M2002 -179), amended November 19, 2002 (M2002 -398), amended November 18, 2003 (M2003 -41 and amended November 9, 2004 (M2004 -408) and amended October 25, 2005 (M2005 -369) and amended October 10, 2006 as follows: Section 11, Scope of Services, Paragraph B is amended to read: BF RESEARCH PLAN AND METHODS The specific research plan and methods for 2007 -2008 are set forth in the Research Contract Proposal incorporated as Exhibit A of this amendment. Section 11, Scope of Services, Paragraph C, the first sentence is amended to read: D. PRODUCTS UT will deliver an annual written report by January 2009. Section 11, Scope of Services, Paragraph D is amended to read: D. ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2007 through September 30, 2008. Section III, Fees Authorized, is amended to read: III. FEES AUTHORIZED The City will pay UT a total fixed fee amount not to exceed $1 88,231 for Amendment No. 6. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section 1I . The restated total contract fee for the original contract as amended is not to exceed $1,364,023 for providing all services. This fee consists of: the original contract fee in the amount $118,192; a fee for Amendment No. 1 in the amount of $165,748; a fee for Amendment No. 2 in the amount of $191,545; a fee for Amendment No. 3 in the amount of 228,296; a fee for Amendment No. 4 in the amount of $264,247; a fee for Amendment No. 5 in the amount of $207,764; and a fee for Amendment No. 6 in the amount of $188,231. All other terms and conditions of the June 25. 2002 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. Exhibit -44 Page 1 of RINCoN BAYOU DIVERSION PROJECT BIOLOGICAL MONITORING YEAR 7: 2007 - 2008 University of Texas Marine Science Institute STATEMENT OF WORK 1. SUMMARY Y z In South Texas, low annual rainfall, high evaporation, and diversion of river water to support growing municipal, agricultural and industrial needs have substantially reduced freshwater * inflow into the Nueces Estuary. Low freshwater inflow results in hypersaline e waters and soils that are diluted onl y through h direct preci 3 2) Assess the benefits of the diversion on primary productivity in Rincon Bayou. 3) Develop an optimal operational management procedure for freshwater pass- throughs based on sound science. 3. TASKS To achieve the above stated goals, the following tasks will be performed: 1) biomass (chlorophyll a) and water chemistry e.g., nutrients, salinity, temperature) will be measured monthly in the Nueces River, along Rincon Bayou, and in the Nueces Bay. 2) Water depth and water chemistry (salinity, conductivity, temperature, pH) will be continuously monitored at one location (Station 463) in the Rincon Bayou approximately halfway between the NOC and Nueces Bay. 3) Species composition, percent cover and distribution of emergent marsh vegetation along Rincon Bayou and the mitigation channel will be quantified in relation to tidal flat and soil porewater parameters e.g., salinity, soil moisture and inorganic nitrogen). 4) Landscape-scale changes in cover type and vegetation communities will be assessed by groundtruthing, interpreting, and classifying aerial images acquired 1 November 200 5. The results will be compared to images acquired in September 1997. 4. RESEARCH PLAN AND METHOD 4.1, EXPERIMENTAL DESIGN Studies will be conducted in the Nueces Estuary, Corpus Christi, Texas. Sampling stations are located at sites where baseline data are available, which will facilitate the assessment of ecosystem changes. Sampling methodologies will be similar to monitoring performed during the BOR Demonstration Project and the EDDP. The scope of the BOR Project was limited to an area approximately 6.4 km downstream from the NOC. Presumably, the effects of freshwater diversion through the channels will decrease with increasing distance from the Rincon Overflow Channel (ROC) and NOC, while the potential for marine forcing will be greatest at distances closest to the bay. The proposed sampling strategy includes areas from above the NOC to areas within Nueces Bay, approximately 12.8 km downstream (Figure 1). The NOC connects the Nueces River to upper Rincon Bayou, the headwater of the estuary. Following construction in 2001, flow through the NOC occurs when river water elevation reaches 0. 6 m above MSL (1929 Datum). The ROC connects upper Rincon Bayou to an area of hypersaline tidal flats. Discharge exceeding 11.9 m 3 and reaching levels of 1.14 m above MSL activates, the ROC. Inflow through the NOC is measured at the United States Geological Survey (USGS) Rincon Gauge Exhibit C-4 Page 3 of 4 Figure 1. Locations of the Rincon Bayou Diversion Project monitoring stations, the Nueces Overflow Channel (NOC), the Rincon Overflow Channel (ROC), and the Caiailen Gauge. located in Rincon Bayou near Calallen (Station 08211503). This gauge was originally installed in May 1996, removed in August 2000, and re- installed in June 2002. Monitoring will be conducted at several stations located throughout the study area (Table 1, Figure 1). Water column characteristics and phytoplankton biomass will be measured monthly at fourteen stations: four stations (168, 104, 104A, 104B) along the Nueces River system, five stations (4660, 400F, 463, 451 and 450) along Rincon Bayou at various distances downstream from the NOC, one station 01 at the confluence of Rincon Bayou and Nueces Bay, one station (303) within Nueces Bay, and three stations (252, 254, 272) associated with the Allison Wastewater Effluent Diversion Demonstration Project (EDDP). Several stations in the lower Nueces Delta (450, 451, 272, 252, and 254), Nueces River (104, 104A, 104B) and Nueces Bay (301) were funded and sampled as part of the Allison Wastewater Treatment Plant EDDP. Although intensive monitoring of the EDDP ended as of 1 October 2003, a reduced level of monitoring is required by the permits. Funding for monitoring these stations will be transferred to the Rincon Project cpntract. All stations to be monitored by UTMSI as part of the Rincon Project as of 1 October 2006 are listed in Table 1. Exhibit -4 Page4 of Table 1. Sampling parameters and corresponding sampling stations. Sampling Parameter Continuous Water Level, pH, Conductivity /Salinity, Temp Monthly Phytoplankton and Water Quality Emergent Vegetation and Sediment Characteristics * EDDP stations Stations 463 104, 104A, 104B, 168, 272*, 254*, 252 *, 301, 303, 400F, 463, 450, 451, 466C 254*, 272*, 450, 451, 463, 501, 562 At each station, water depth, water clarity, temperature, conductivity, salinity, dissolved oxygen, pH, chlorophyll a, and inorganic nutrients (ammonium, nitrate+nitrite, silicate and phosphate) will be measured monthly. Monthly sampling is recommended because it is a practical, cost- effective sampling frequency for documenti rile : \Mpro•ect councilexhibits\exh.8443dw., 1 NUECES CVB F'L W CHANNEL LaBONTE PARK RINCON BAYOU �,-.--- RINCON BAYOU NORTH LAKE PROJECT LOCATION (TYP! MONITORING STATIONS) NUECES RI R **...... 1 / 1 X 0 X Cn C3 o 0 0 0 CI CC LOCATION MAP NOT TO SCALE CITY PROJECT No.8443 EXHIBIT "D' RINCON BAYOU DIVERSION AWARD OF CONTRACTS FOR MONITORING SERVICES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 10-08-2007 iit Mr IMMO IftimeolassoP 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 9 2007 SUBJECT: Amendments to the Junked Vehicle Ordinance to include recent updates of related Stale law, and to strengthen local enforcement and abatement of junked vehicle violations. AGENDA ITEM: Ordinance amending the Code of Ordinances, Chapter 13, Article II, Division 2, Junked Vehicles, by repealing Sections 13 -38 through 13 -45 and adopting new Sections 13 -38 through 13-45; providing for an effective date; providing for severance; providing for publication; and providing for penalties. ISSUE: The amendments to the Code of Ordinances relating to junked vehicles are proposed to provide for enhanced and effective code enforcement and efficient abatement of junked vehicle violations throughout the City of Corpus Christi. Pro .. sed amendments Inc! de the followin ! Stat . 1 + w u • da es: The noted State law provisions highlighted in this memorandum are only a few examples of recent legislative updates that the City of Corpus Christi will incorporate for local enforcement of junked vehicles. These highlighted provisions are those that the City recognized as being significant toward our purpose and enhanced efforts for enforcement. • State Law now includes the option for a hearing to contest a junked vehicle notice of violation. This aspect has changed from once being a mandatory step in the enforcement process to a hearing upon request by the person receiving notice. • State law updates also include language that clarifies that a junked vehicle is "presumed, unless demonstrated otherwise by the owner to be inoperable." This statement shifts the burden to prove inoperability of a vehicle to the owner instead of the code enforcement official. Pmposed amendr a is include the followin The new provisions proposed through this amendment of the City of Corpus Christi's Code of Ordinances will incorporate current State Law and additional provisions that will provide for "more stringent" requirements ents with regard to the determination of a junk vehicle and the enforcement practices. • The City of Corpus Christi proposes a re quirement that is more stringent than the current State law in reference to the definition of "junked vehicle" which will require the vehicle to "not have lawfully attached to it: an unexpired license plate, or a valid motor vehicle inspection certificate." The State requires both the expired disposal of the junked vehicles which would include the fallowing specific requirements by the U.S. Environmental Protection Agency (EPA) for the proper removal of fuels and other hazardous fluids and automotive parts. With the direct utilization of qualified licensed salvage companies, the responsibility for proper disposal is with the salvage company. We believe that this direct relationship with the salvage companies will provide a financial incentive for the companies with the salvage of metals and parts and will relieve the City of any related costs for abatement. The City of Corpus Christi's Purchasing Division has recently completed a Request for Qualifications (RFQ) process for area salvage companies to participate in the City's Junked Vehicle Abatement Program. The companies that are qualified have met all the licensing and insurance requirements of the State of Texas and the City of Corpus Christi. The qualified companies will be utilized on a rotation basis and will be required to comply with the established operational procedures as outlined to accomplish the provisions of the Junked Vehicle Ordinance and the environmental regulations of the Federal and State Governments. REQUIRED COUNCIL ACTION: The approval by the City Council of a first and second reading of the proposed amended ordinance is required to effectually enact the proposed changes. CONCLUSION AND RECOMMENDATION: City Staff recommends the approval of the Code of Ordinances, Chapter 13, Article 11, Division 2, Junked Vehicles, by repealing Sections 13 -38 through 13-45 and adopting new Sections 13 -38 through 13-45. Effective November 1, 2007. Respectfully Submitted, nne Morales Haag, <f ire or hborhood Services Department Attachments: Proposed Amended Ordinance Presentation AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE 11, DIVISION , JUNKED VEHICLES, BY REPEALING SECTIONS 13-38 THROUGH 13 AND ADOPTING NEW SECTIONS 13-38 THROUGH 13-46; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING ING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF CORPUS CHR1ST1, TEXAS, THAT: SECTION 1. Section 13 -3 f the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-38 is enacted to read as follows: (4)—That4s--in-operativei-and `Sec. 13 -38. Junk vehicles declared to e public nuisance. "fpl_ A junked vehicle inoludini a partunked vehicle , t1 at is Visible at any time of the ear from a pubjLplace public ri lit - - a r ad a ent Nate per. I 1 is detrimental to the safet and welfare of the •uiic- "fa _fends to reduce the value of ri at ro rt "(3) invites vandalism - "(4) creates a fire hazard ii 5 is an attractive nuisance cr'eatin• a hazard to the health and safe o minors; produces urban bli •ht adverse to the maintenance and continuin development of the ci and "Lin is a public nuisance. b A flunked vehicle in accordance with the • rocedures for abatement and removal in Chapter 683 of the Texas Transportation Code and as defi ed herein is declared to be a • ullic nuisance subject to re, ulation." SECTION 2. Section 13-39 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-39 is enacted to read as follows: "Sec. 13-39. Definitions. ;`fir re veiice means a •assener car or truck that is at feast twenty -five (25 ears old. alord216.doc Page 2 of 11 "ILI« Inoperable means due to mechanical hanical failure, breakdown, or disrepair cannot not be started driven o • erated steered or sto • • ed under its own • owe r without causin • dama. a to the vehicle. c Junked vehicle means a vehicle that is self- • ro . elled or an • art thereof which is in ordir, view and: i:i ) does not have 1avrfull attached to it: "iA) an unexpired license plate. or " a.valid motor vehicle inspection certificaNi a "L2 is: "(A) wrecked dismantled or partiall dismantled, or discarded; or "{B) inoperable and has remained_ ino _era le for more than: "(i) consecutive hours if the vehicle is on public pro or public right --of -way; or "fa 20 consecutive da s, if the vehicle is on private ropert "sill) Moor vehicle collector means a • ersonwho: 1:1) owns one or more antique or special interest vehicles; and "12) acquires collects or dis • oses of an antique or sepia! interest vehicle or part of an anti • ue or s • eiai interest vehicle for Tonal use to restore and preserve an antique or s eoial interest vehicle for historic interest. "(e) Ordina view means visible at any time of the ear fronn any publiht -of- • ublic • ro • or from private ro a r i h i t or o u led a era , � rsn other than the p a owner or ount of the ro _ ert on which the vehicle is located. "(f) ecial interest vehicle means a motor vehicle of an a • e that has not been chan • ed frorr on inal rnanufacturer's_seifi�atiors and, because of its historic interest is bein reserved b a hobo isL" SECTION 3. Section 13-40 of the Code of Ordinances of the City of Corpus Christi, Chapter 13: Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-40 is enacted to read as follows: EHord216,doc Page 3 of 11 enfoccement-officials:- ■ EHord216.doc Page 4 of 11 AM e "Sec. 13413. Enforcement. notice. "(a) The •rocedures for abatement and removal of a junked vehicle must be administered by code enforcement officials employed by th_rei•hborliood Services De •art en of the Cit or other re • ularly salaried full-time emplpyeea of the City that ma be deli •named from time to time by the Cit fl ana er, c ept that anv authorized person may remove the nuisance. {1 b Persons authorized to administer the abatement and removal • rocedures may enter u cp. jr_Lgivatp,property to examiinked vehicle, obtain information to identi the junked vehicle, and to remove direct the removal of the junked vehicle. c Followin inve tis action of a • ublic nuisance the notice • rocedures set out in this section must be followed for the abatement and removal of a junke1 vehicle from • ublic or • rivate • ro • ert or a • ubli ri. ht-of-wa EHord l .doo Page 5 1 A notice must be •ersonall delivered sent b certified mail with a fjy-da return re • uested, or delivered by the United States Postal Service v rith si nature confirmation service to: '(A) the last known re i tered over r of th .,..r uisance� "fla) each lienholder of record of the nuisance ; and "(C the owner or oc u •ant of "(i) the • ro.ert on which the nuisance is located: or "tip) if the nuisance is located on a public ri • ht -of -way the ro ert 'acent to the right - ..way. "(2) The notice must state: " A the nature of the • ublic nuisance. "B that the nuisance must be abated and removed not later than the 10th day after the date on which the notice was • ersonall delivered or mailed; "(C) describe the riciht to reciue t a hearin • • and f state that an request for a hearing must be made before the 1Oday period ex• Tres. " In addition to the notice required under subsection c 1 of this section a code enforcement official or other em lo ee desi • nated b the Ci Mana • er ma securel • affix to a unked vehicle or • art thereof a visible, dated, and bricifitiv colored notice that contains the information required in subsection c 2 of this section. The • ostin • of the discretiona notice described in this subsection is not a condition or re uirer rent precedent to any proceeding or action to abate a public nuisance and a • roceedin • or action is not void voidable or in an via affected by a fail ure_to affix the notice. 4 If the •ost office address of the last known re•istered owner of the junked vehicle is unknown a notice ma be 'laced on_the junked vehicle or if the orner i located ersonall delivered. ;` If a notice is returned undelivered action to abate the nuisance must be continued to a date not earlier than the 11h da after the date of the return." alord216.doc Page 6 of 11 SECTION 4. Section 13-41 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood i hb rh d Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles is repealed and new Section 13 -41 is enacted to read as follows: "Sec. c. 13 - 1. Hearincisiyelocation ofkinked vehicle. "fg) A person who receives notice of a public nuisance under Section 13-40(0(11 ma re•uest a hearin• to determine whether a vehicle is unked vehicle. An request for a hearin • must be made In erson or In writing, to tjpunipipaI_court clerk not later than the 10th day qtr the notice was personal!_ delivered or mailed. "(b) If requested in a timel man _ a m ni i • al court j. shall hipliz hearir to determine whether a vehiler,, or part thereof is a public nuisance. "(c) The hearin• shall be held not earlier than the l itin day after the date of service of the notice; CC d At the heariri • the 'naked vehicle is . resumed unless demonstrated otherwise by the owner, to be inoperable. The munioi•al courts of -the of ma issue necessa orders to enforce the rocedures for the abatement and removal of a . ublic nuisance. "(f) An order re • uirin • the removal of the nuisance must include, if the information is available at the location of the nuisance the vehicle's: "11) description. "(2) identification number; and "i3) 1I en ate number. "(g) The relocation of a junked vehicle that is a •ublicnuisance to another location within the Ci after a • r e d in • for th a abatement and removal of the blic nuisance has commenced shall have no effect on the_proeedi _if the junked vehicle constitutes p public nuisance at the new location. SECTION . Section 13-42 of the Code of Ordinances of the City of Corpus Christi, Chapt er 13, Code Enforcement, Housing and Housing Premises Standards, and EHord l .doc Page 7 of 11 Neighborhood Improvement, Article ll, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-42 is enacted to read as follows: "Sec. 1 3-42. Vehicles not to be reconstructed or made o . erable• cis osal. "(a) A vehicle removed under the abatement and removal • rocedures set out in this division may not be reconstructed or made operable. b Dis • osal of a unked vehicle shall be b removal to a sera and a motor vehicle demolisher or other suitable site o aerated b the C as necessa to accom0§_h the purposes of this division, provided that an such d is . osa shall for scrap, drnolition, r salvage only,a: SECTION . Section 13 -43 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-43 is enacted to read as follows: z ee "Sec. 13-43. Notice to Texas De •artment of Trans • ortation. "Foiiowin shall be eee removal a notice identi in. the 'unl ed vehicle or .art of the vehicle iven to the Texas De Services De artment em artrent of Trans • aviation b lo ees or other em rlana•er not later than five re hborhood lo ees desi • nated b the Cit da s after the date of removal." EHord2l .doc Page 8 of 11 SECTION 7. Section 1 3-44 of the Code of Ordinances of the City of Corpus Christi, r 13, Code Enforcement, Housing and Housing Premises Standards, and shape ... Improvement, Article 11, Building and Housing Standards Code, Division Neighborhood p t 2,Junked Vehicles, is repealed and new Section 13 -44 is enacted to read as follows: i ` {sec. 13-44. I r a • , Iica it of di isio L no exern.tion. ; The . rocedures for the abatement and removal of a • ublic nuisance ma not a apply to a vehicle or vehicle part., "(1) that is corn 1ete1 y enclosed in ,a buildin • in a lawful manner and is not visible from rub #ic or private ro or ublic right -f- " 2 that is stored or •arked in a lawful manner on •rivate •ro•e in connection with the business of a licensed vehicle dealer or junk and or that is an anti•ue or s•eciarl interest vehicle stored b a motor vehicle collector on the collector's ro arty, if the vehicle or vehicle part and the outdoor storage area �f an are: "A maintained in an orderl manner. "(B) not a health hazard; and "(C) screened from ordina • ublic view b a • • ropria a rr a�ns incl din • a fence ra • idl • rowin • trees shrubbe or a form- fittln cover desi•ned and manufactured specifically for vehicles. "(ID) A junked vehicle or •art of a iunkedveh1POVered_bYa form -Win � as cover, is not exempt from tie pr ced� s for abatement and removal. vehicle � � SECTION 8. Section 13-45 of the Code of Ordinances of the City of Corpus Christi, r 1 Code Enforcement, Housing and Housing Premises Standards, and Chapter � Neighborhood p i hborhood Im rovement, Article 11, Building and Housing Standards Code, Division Junked vehicles is repealed and new Section 13-45 is enacted to read as follows: 2, Junk p EHord216.doc Page 9 of 11 "Sec. 13-45. Offense; penalty. "(a) A person commits an offense if that •erson maintains a public nuisance as described in this division. b An offense under this division is • unishable b a fine not to exceed two hundred dollars 0200.00). "(c) conviction , the court shall order removal and abatement of the _public nuisance. t{ d An offense under this division is subiect to the •enal • rovisions of Sections 1 -6 and 1 -6.1 of the Code." SECTION 9. The provisions of this ordinance take effect November 1, 2007. SECTION 10. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it wilt not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION '11. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, • Texas. SECTION 12. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1-6.1 of the Code of Ordinances of the City of Corpus Christi. EHord216.doc Page 10 of 11 That the foregoing ordin a was read for the first time and passed to its second reading on this the _ day of } 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon _ ____Al That the foregoing ordinance was read for the second time and passed to its final reading n this the day of �- , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell - Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2007. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: October 4, 2007 r L Eliza...th R. Hundley Assis ant City Attorney for the City Attorney E lord 1 .doo Page 1 I of 11 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September l 1 2 0 AGENDA ITEM: An Ordnance authorizing the City Manager or designee to execute an amendment to the lease agreement with Smarte Carte, Inc. to extend the term, revise the required equipment, and amend the rental rate for baggage cart rental at the Corpus Christi International Airport; providing for severance; providing for publication. ISSUE: On May 3, 2007, Smarts Carte, Inc. requested an increase in pricing for the rental of baggage carts from X2.00 to $3.00. The Airport staff and Airport Board discussed the request at the Airport Board Meeting held in July. In response to Smarts Carte's request and discussions with the Airport Board, Airport staff requested Smarts Carte consider replacing all baggage carts with a newer refurbished baggage carts, adding additional baggage carts, and upgrade the vending machine to allow for acceptance of all major credit cards and to issue change to customers. Smarts Carte has agreed to the Airport's requests with an extension of their contract for five years through June, 2013 and approval of the rate increase. REQUIRED COUNCIL ACTION: Consideration of Ordinance as presented. PREVIOUS CO CIL ACTION: Ordinance 02293-An Ordinance authorizing the City Manager or his designee, to execute a long -term lease agreement with Smarte Carte, Inc. for the operation of a self service baggage cart rental concession at the Corpus Christi International Airport in consideration of payment of ten percent of the Concessionaire's gross monthly revenues for a term of sixty months. FUNDING: G: Not applicable CONCLUSION AND RECOMMENDATION: The Airport Staff recommends approval of the Ordinance as presented. Department Head Signature Attachments: BACKGROUND INFORMATION Smarte Carte, Inc. has been a supplier of the baggage carts at the Corpus Christi International Airport for several years. They also provide baggage carts for all major Texas airports as well as many airports throughout the United States. This is the second request from Smarte Carte for a price increase from $2.00 to $3.00 per rental. With the exception of Laredo and McAllen airports, the rental rate of Smarte Carte is at $3,00 in all other Texas airports as well as most other airports throughout the nation. MAllen's rates will increase to 3.00 at the end of this year according to Smarte Carte's Senior Director of Business Development Michael Multer. FIRST AMENDMENT TO THE BAGGAGE CART RENTAL CONCESSION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SMARTE CARTE, INC. This first amendment ("First Amendment") is made by and between the City of Corpus Christi ("City") and Smarte Carte, Inc. ("Concessionaire"). WHEREAS, the City and the Concessionaire executed an agreement ("Agreement"), which � was approved by the Ci ty Council on May 13, 2003 (Ord. 025293), for the purpose of operating a self- service baggage cart rental concession; and WHEREAS, the parties desire to extend the term, amend the equipment provision, and revise the baggage cart rental rate by execution of this First Amendment. Section 1. Section 1 of the Agreement, entitled "Term," is deleted in its entirety and replaced with the following language: "1. Seri The term commences upon execution and continues until June 3, 2013, t ' earlier termination as provided in this Agreement. Thereafter, this Agreement to p Ali continue on a month-to-month basis until either thirty party provides at least y (30) days prior written notice of termination to the other party." Section 2. Subsection 5.A. of the Agreement, entitled "Equipment," is deleted in its entirety and replaced with the following language: °A. gquLment: Co ncessionaire must furnish all equipment and improvements � must necessary to operate the baggage cart rental concession. Concessionaire mus provide r improvements prior to installation a brochure or picture of the proposed equipment and irproveme p ' for approval the Director. Concessionaire shall, within 60 days after in the Terminal � pp by • in the date of the First Amendment, remove the baggage cart vending machine presently it with a model that accepts credit cards and provides change. place and replace � ion Concessionaire shall also replace all current baggage carts with refurbis hed Model 10 baggage carts and add five additional baggage carts in the same location as the current baggage system." Section 3. Subsection .G. of the Agreement, entitled "Quality and Price Control," is deleted in its entirety and replaced with the following language: rd price control: In entering into this Agreement, the City has foremost in mind providing the traveling public with quality commodities and services. Concessionaire must provide quality service at competitive prices. To accomplish this, • � � provided, rental rate for Concessionaire's baggage carts is $300 per rental; prove , Concessionaire may adjust its rental rates upon sixty days prior notice to however, � adjust ' or with Director's concurrence, which will not be unreasonably withheld." ,t the Dirt Section 4. By execution of this First Amendment, the parties agree to extend the term, amend the equipment provision, t rovision and revise the baggage cart rental rate of the Agreement. All Smarte Carte First Amdmt 091 807 Page 1 of 2 terms and conditions of the Agreement not revised by this First Amendment remain the same and in full force and effect. EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of - - - - , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager APPROVED AS TO FORM: , 2007 Elizabeth R. Hundley Assistant City Attorney for the City Attorney SMARTE CARTE, C. Carr, Vice President o7dG% Date STATE OF MINNESOTA § COUNTY OF RAMSEY § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on September 14 2007, by John C. Carr, as Vice President of Smarte Carte, Inc., a Minnesota corporation, on behalf of the corporation. (seal) Srnarte Carte First Amdrnt 091807 \-A Notary Public, State o Page 2 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT To THE LEASE AGREEMENT WITH SMARTE CARTE, INC., TO EXTEND D THE TERM, REVISE THE REQUIRED EQUIPMENT, T, AND AMEND THE RENTAL RATE FOR BAGGAGE CART RENTAL AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an amendment to the lease agreement with Smarte Carte, Inc., to extend the term, revise the required equipment, and amend the rental rate for baggage cart rental at the Corpus Christi International Airport. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purposes, intent, and effect of the ordinance. EHord212.doc That the foregoing or inance was read for the first time and passed to its second reading on this the etti- day of 2007, following y ,�, , by the vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 14fRe That the foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2007, the following vote: by g Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel] Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2007. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: September 7, 2007 1 Eli,a - R. Hundley Assis : nt City Attorney for the City Attorney EHord212.doc 11 AGENDA A MEMO M PUBLIC HEARING — ZONING (City Council Action Date: October 16, 2007) Case No. 0907 -01 A. C. Gilmore: A change of zoning from a "R-1B" Or e- family Dwelling District to a "B-4" General Business District, Gardendate Unit 2, Block 5, Lot 23, located on Bonner Drive, approximately 300 feet west of the intersection of South Staples Street. Plannin Commission and Staff's Recommendation Se ' tember 19 2007 : Denial of the "B-4" District, and in lieu thereof, approval of a Special Permit subject to a site plan and the following five conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "R-1B" One family Dwelling District is a parking lot. 2. Fencing: A six -foot screening fence shall be located along the west and north property line of Lot 23, Block 5, Gardendale Uni Agenda Memorandum Case No 0907-01 (A.C. Gilmore) Page • Existing Land Uses: The subject property currently has a single family dwelling. The property north of the subject property was granted a special permit in April 2003 for extension of the parking lot for businesses adjacent to Staples Street. The subject property is bordered on the west by single family residential and to the east by commercial. • Utilities: Water and Wastewater service is available to the property. • Transportation: Bonner Street is a local street that provides access for residential uses. Staples Street is an arterial street with an average daily trip count of 37,136 at this location. • Comprehensive Plan /Future Land Use: The future land use map recommends the subject property remain low density residential. "B-4" is not a compatible district at this location. Further expansion of commercial into the residential area is not supported by the future land use map or the local street paved section. Notification: Of the thirty -six notices mailed to the surrounding property owners, zero (0) were returned in favor and one (1) was returned in opposition (O.O1%) inside the area and one (1) outside the area. The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. gre Bob Nix, AICP Assistant City Manager of Development Services RNGMblp Attachments: 1) Zoning Report 2) Planning Commission Minutes (September 19, 2007) 3) Ordinance PIM/Project Manager sr.. P /CP_ Planning Director H: PL -DIR\ HAREDIB ver1y\2OO7 CC\Septr07\0907-0lAGENDAIvIEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0907-01 City Council Hearing Date: October 16, 2007 Applicant: A.C. Gilmore „ Owner: Same as above 44 Agent: Same as applicant °" ` a Legal Description/Location: Gardendale Unit 2, Block 5, Lot 23, located on Bonner Drive, c� I approximately 300 feet west of the intersection of South Staples Street O Cie • Cri From: "R-1B" One Family Dwelling District To: "B-4" General Business District Area: 0.45 acres / 19,602 sf Purpose of Request: Allow for expansion of the parking lot for current businesses located on Staples Street ▪ cD - 0 c. *rt I:: a Site North Zoning "R-1B" One Family Dwelling District "R 1 SP" SP 3- One Family Dwelling District with Special Permit South "R-1B" One Family Dwelling District East "B-4" General Business District West " -1 " One Family Dwelling District Existing Land Use Low Density Residential Commercial Parking Lot Low Density Residential Commercial Low Density ' Residential Future Land Use ow Density Residential ow Density Residential Low Density Residential Commercial Low Density Residential Area Development Plan: The Southside Area Development Plan's future land use map recommends the subject property retain its low-density residential character. Map o.: 043 3 Zoning iolations: N one Zoning Report Case No. 0907-01 (A. C. Gilmore) Page 2 te co E E • Request: The applicant is requesting a change of zoning from "R-18" One - family Dwelling District to the "B-4" General Business District for expansion of the parking area on Lots 20, 21 and 22 to accommodate the shopping center (The Boardwalk) along South Staples Street. • Zoning: The purpose of the "R-1B" District is to provide for single - family residential development of moderately spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. • In Article 24 of the Zoning Ordinance, the "R -18" One Family Dwelling District requires a minimum lot size of 6,000 square feet, with a maximum density of 7.26 dwelli Zoning Report Case No. 0907-01 A.C. Gilmore) Page 3 Department Comments • The expansion of the parking lot will be used for overflow parking for patrons currently parking along Bonner Street for the existing retail center. The existing retail center is approximately 15,000 sf and is required to have 75 (seventy -five) parking spaces. Any additional parking spaces will be in excess of the requirement. • The "B-" District is not a compatible district for this area. The future land use plan calls for low density residential. Further expansion of commercial into the residential area is not supported by the future land use map or the local street paved section. Staff Recommendation Denial of the "B-4" District, an in lieu thereof, approval of a Special Permit, subject to a site plan and the following five conditions: 1. Uses: The only uses permitted by the Special Permit other than those uses permitted by right in the "R-1B" One family Dwelling District is a parking lot. 2. Fencing: A six foot screening fence shall be located along the west and north property line of Lot 23, Block 5, Gardendale Unit 2. 3. Landscaping: Lot 23 shall be landscaped in accordance with the requirements contained in Article 2B, Landscape Requirements, for the "B -1" Neighborhood Business District. All plant material must be maintained in a healthy growing condition at all times. Alt landscaping must be installed as part of the parking lot construction. 4. Lighting: All secured lighting must be directional and shielded. Lighting must be directed away from surrounding residences and public rights-of-way. 5. Time Limit: Such Special Permit shall be deemed to have expired within two (2) years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. • c cis ' Denial "B-4" and in lieu thereof, approval of a Special Permit, subject to a site *� � neural of the B- District, a � Ply p subject plan and the five conditions. 1:61 c Cad C.4 Number of Notices — 36 a Favor - E ecl Opposition - 2 1 within 200' notification area — 0.01% and 1 outside the 200 E sti: 0 04 notification area) (As of October 3, 2007) Attachments: Zoning Map Site Plan Ownership Map Ownership List Comments received from Public Notices mailed I-1: PLI -DI \HARE IB v rl \2007 P I N PT \September \ 9 7- 1 AC Gilmore.doc 4 2A LEN ARBOR UNIT 4 4 1B GLEN ARBOR UNI T 100 200 Feet NOTICE CASE # 0907 -Of ZONING A- f Apartment House District 1-1 Limited industrial District A- fA Apartment House District 1 -2 Light industrial District A -2 Apartment blouse District 1-3 Heavy industrial District A8 Professional Office District PLID Planned Unit Deveioprieni AT Apartment- tourist Distract Ft 1A Ore Family Dwelling District 8 -1 Neighbothoocf Business District R-18 One Family Dv.elling District B -14 Neighbcxlxood Business nistrict 1C One Family Dwelling District 8-2 Bayrf!Dnt Business Distract -2 Multiple Dr.eliing District 8-2A Barrier- Island Business District RA brae Family Dwelling District 8-3 Business District RE Residential &rare District 8-4 General Bra, iness District I Tl,r Townhouse Dwelling District 8-5 Primary Business Distal SP Special Permit 8- Primary Business ^ore District 7-1A Travel Trailer Park District BD Corpus Christi Beach Design Dist_ T-18 Manufactured Home Park Distract F-R Par a Rural District ± -1C ManuNctured name Scrbftvsion HC Historical -Cultural Landmark District Preservation €cwt# ar S�#? Allan, now Jimsdeg %Mot* 04 7001 Cr!' c! Coluesangt t7[ Oew*oprenr 9m.& [UBJECT PROPERTY FROM FAX NO. :3619927933 Oct. 04 2007 01:16PM P2 .......,...... I .Z' L VI _ • No Acce...% . - "7 ......5.2,.._:7i .._,.......... :: pi .2.gi ' 1 Hrt cii- t AtkeitAf '41 42— 4cei1• 5a 714(PE. 6Arr- kW i9ROM Arbildv /Zee-- ,/,(. / ,e— ? I 9G0 lif? AvAir S i 4-e:Plig, ef- orzl'i r‘trkrud '2 real GLi 1 en--\.e e‘A- 5 • z e A 5-e- Oq 6 7-0 I 2A LEN ARBOR UNIT GLEN ARBOR U ?0O 200 400 NOTICE CASE # 0907 -01 OWNERSHIP 01 Subject Property Owners within 200 feet listed on attached ownership table 0 Owners in favor X Owners in Opposition Avowal By SAR Prireiria DEW ay Scpbmf ly.0.2007 C.P. O in 0 G) 0 G) GO 0 0 G 0 C) ) G) , li Li QDIr'7DGG ODQOD hx 8U5CO -4CD 4. - 0e3GD -4 0) 4, 4 0313 -.A -4 .-4 -.4 .-4 -4 -4 .-4 .--I -4 '.4 ".4 -4 '4 -4 '4 -4 il '4 g F 1111111111111111111111 gEl8g1“ gg8org8 §888V.8A ► G7 � m rrf -0 l *zg:� zg zz�po� i z =i Em-m u rnca -ic z n ommo-450,cm- oxwV m [ m �° n �� a6 iF",50-....2k00,51, 0 o _ .‹ 1 m x A - -1rn ow E5 7o m , Z c -1z z rn ° x...,-, i c' m o m mmffi 0 Vc m r �m 0 r (� (4 #x 4) 44 0 73 CD A- ip 1 mom m rn'►IrnI se rnrn ,e z m m"r m rn m 1 o) X000 M Zrn0Q 15.▪ M0 0 mm z z M G co M '0 rn 00)0i1REIgeg iai Werliggitreg ka s i g gig g m rn 1 t 2 i'4 g- ; E4 Z "(41 0 ri" A N 0 0 �° C M • C Cl ril i z 8:lit-; WO ili m(• i)-, 0 2 cli Rs" u1 73 r P E -ti „ A- , - 3 co rn 00 O 03 0 1 O z z o Qr m 00000n000-coo n[ C C C nc c C onf C oc nc mn C C [ v m o R o o 0 o o o 0 000000000000000000>00000 c i3 ii 2 -0 € g 13 73 7, 70 70 73 73 70 73 m 2) m 73 73 23 70 73 75 73 73 70 73 7 Ala c c c c c c c c c c c c c C c c c c O c C c c c O nc,n0fOO nc cr uncnsncr r, cn >cn n , >cnc Cfl C cr)c z? R. q gi 000000000000000000 00000 73 23 73 73 7D 77 73 7a 7D 73 73 73 70 73 73 73 73 73 7O 23 z 7D X co 00 M 00 01 CO OD CO 00 OD 00 CO OD co OD OQ ch OD ta 00 00 tO 01 TZTTTTTTZTTT - - --- g N:13 14V 3 11 N Ile X X Xcxxxx} x) xxx 000 DO❑ 000000❑ mmmmmmrnm mmmmmmmmmmmm mm zzzzzzzzzzzzzzzzzzzzzzzz PPPPPPPPPAPgPgPPgrt rn rnmmrn rnrnmmmmmmrn rnmrnmrn rn mrnrn rn N n)N I N , NeorOr Nn Orrr rrrr+rrr - rrr r- rr 74 I, r�r -i-1 -4 - -1 -1 -4 -4 -4.4 -4 -1 -4 O -4- -f —r •J --f G7 -, P]iDNCih] CO J, NI 1 c co . 0 .to CICD 4. aagD 5. P ccCDCD oo4' r rrD3tD cl- X xx vim ()lox r p 10 -1 - -1 (J, ] ,.., tONCY. 0 4 X XX X i.r. O CTS o {!ti r 0) En i tD W J1 [D G4�{+JU1 sii0I 8- °t g° °3 g SI 4 O coca W. rJ coWO(+)(DW- COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:0907 -01 A. C. Gilmore Circled = FAVOR X = OPPOSED {Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 36 Returned undeliverable: 3 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 (0.01 %) #5, Norma P. Castillo, PO Box 3983, Pasco, WA 99302- Opposed- No comments H. Responses received from outside the 200 -foot notification area: Favor: 0 Apposition: 1 #GD, Tiburcio Soto, 5237 Cain, Corpus Christi, TX 7841 i- Opposed "If zoning is approved, other people who own residential property will also want their property zoned commercial. This will set a precedent. It will create a lot of traffic for our quiet residential neighborhood." M. Responses received from owners /applicants of subject area: Favor: 0 position: 0 I- 1:\PLI - DIRMAREDIBeverlyi20 7 P 1PUBLI MMENTS\0907- l.doc MINUTES r REGULAR PLANNING COMMISSION MEE 1 Il G Council Chambers- City Hall Wednesday — September 19, 2007 5 :30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Gary, Vice Chairman David Loeb Atilano J. Huerta Evon J. Kelly Johnny R. Martinez Govind Nadkarni James Skrobarc yk John C. Tamez ABSENCES: None STAFF: Bob Nix, Assistant City Manager/ Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Servi Planning Commission Minutes September 19, 2007 Page 2 Staff recommends denial of the "_" District, and in lieu thereof, approval of a Special Permit with the following five (5) conditions: 1. Uses: The only uses permitted by the Special permit other than those uses permitted by right in the "R-1B" One family Dwelling District is a parking lot. 2. Fencing: A six foot screening fence shall be located along the west and north property line of Lot 23, Block 5, Gardendale Unit 2. 3. Landscaping: Lot 23 shall be landscaped in accordance with the requirements contained in Article 27B, Landscape Requirements, as in the "B-1" Neighborhood Business District. All plant material must be maintained in a healthy growing condition at all times. All landscaping must be installed as part of the parking lot construction. 4. Lighting: Alt secured lighting must be directional and shielded. Lighting must be directed away from surrounding residences and public rights-of-way. 5. Time Limit: Such Special Permit shall be deemed to have expired within two years of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. In response to Chairman Stone, Ms. Voss stated the one in opposition within the 200 foot notification area is located along Curtis Clark Drive and that the conditions imposed upon this case are the same as those imposed upon a previous rezoning request along Curtis Clark Drive. In response to Commissioner Loeb, Ms. Voss stated the applicant requested a "13-4" District because originally they planned on expanding the boardwalk; however, due to the Future Land Use Map the decision was made to request a Special Permit for the parking lot. In response to Commissioner Skrobarczyk, Ms. Voss stated that the Boardwalk is currently zoned a "B-4" District and the current request extends the "B-4" District a little deeper. Ms. Goode -Macon stated staff is opposed to that because it is considered a further intrusion into the neighborhood and the "_" District lends itself to uses such as auto repair and bars that are not compatible with the nearby residential area. In response to Commissioner Nadkarni, Ms. Voss stated Lot 22, which is the Boardwalk is "B-4" and Lots 14 and 15 are a special permit. In response to Commissioner Martinez, Ms. Voss stated the applicant is satisfied with the Special Permit. Commissioner Martinez stated the parking lot will serve as a good buffer to the area. Public hearing was opened. Mr. Jim Benning, 4626 Deepdale, Corpus Christi, Texas, came forward stating he owns the property directly across from the Boardwalk on Bonner, one commercial and two residential. Mr. Benning stated he supports expansion of the parking lot, however, opposes expansion of the Boardwalk. Mr. Henning stated that at night the bar parking lot overflows into adjoining commercial parking lots with bar patrons and the beer bottles strewn about the parking lot the next morning is a nuisance. Public hearing was closed Motion to approve was made by Commissioner Martinez and seconded by Commissioner Huerta. Vice - Chairman Garza stated he's in support of the expanded parking lot and he would like staff to look into putting some extra protection in place so that the parking lot is not used to store more empty beer bottles. Counsel Gary Smith stated that is an enforcement issue. Planning Commission Minutes September 19, 2007 Page Commissioner Loeb agreed with Vice - Chairman Garza, stating that he does not like to see requests for rezoning on properties that have code violations and suggested that Code Enforcement go over the zoning application properties and provide a report to the Commission at the time the case tomes before the Commission. Commissioner Loeb stated he feels the City should not get in the habit of giving zoning to applicants who have obvious enforcement issues. Ms. Goode -Macon stated she would discuss the request the with Neighborhood Services Code Enforcement Motion on the floor passed unanimously. Page 1 of AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A.D. GILMORE, BY CHANGING THE ZONING MAP IN REFERENCE TO GARDEN DALE UNIT 2, BLOCK 6, LOT 23, FROM "R-1B" ONE- FAMILY DWELLING DISTRICT TO "R-113/SP" ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO ALLOW A PARKING LOT, SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS, AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of A.C. Gilmore, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 19, 2007, during a meeting of the Planning Commi Page 2 of 4 • in accordance with the requirements �. Lndsc �n Lot 23 shad be landscaped �� a� • • _� � • for the - Neighborhood �ned in Article 2 , Landscape Requirements, contained healthy growing ` ict. All plant material must be maintained in g Business 1str p parking lot dsca lr must be installed as part of the condition at all times. All landscaping construction. ' directional and shielded. Lighting must be �� htln All secured lighting must . 4. residences Inc rights-of-way. . directed away from surrounding residences and pub • • . Special • deemed to have expired within two (2) Tire L�rr��t. Such �pec�al Pert shall be , 5. is been used as outlined the date of this ordinance, unless the property g years of . . ' #1 and in compliance with all other conditions.. in Condition � .. � of the City of Corpus Christi, Texas, is SON 3. That the official Zoning Map SECTION 1 ofth�s amended to reflect the amendment to the Zoning Ordinance m ade by Section ordinance. • Zoning Map of the pity of Corpus Christi, SON 4. That the Zoning Ordinance and ���� from time to time, the 27th day of August, 937 as amended Texas, approved on t ece t as changed by this ordinance nce and any other ordinances adopted on this date remain in full force and effect. SECTION That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive flan, the Comprehensive Plan is � nm � as amended by this ordnance. amended to conform to the Zoning Ordinance, 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation on of this ordinance o r requirements 1plenentd under this under Section 1-6 of the ��t Code of ordinance constitutes an offense punishable Ordinances. • � in the official publication of the pity of SECTION 8. That publication shall be made • the City Charter of the City of Corpus Christi. Corpus Christi as required t • request of the Mayor or five Council members, copy SECTION 9� That upon written r City declares an emergency due to the need for attached, the ��ty �un�l finds and dec i � . immediate action necessary for the efficient and effective administration of City affairs consideration and voting upon ordinances at two and suspends the Charter rule as to cons . p upon first reading as an emergency regular meetings so that this ordinance is passed g measure on this 16th day of October, 200 7. ATTEST: CITY OF CORPUS CHRISTI a Henry Garrett Armando Chapa City Secretary Mayor, City of Corpus Christi .... , ..... — ,L__ 4,"..-,.* x .. -.1.‘ n 7‘i _ 6‘O D- aninci 0 - 01ACGil mo ar ndal - p.do Page 3 of 4 APPROVED: October 10, 2007 t,L426 Gary 1M. Smith Assistant City Attorney For City Attorney H: \LEG -DIR hared\ ary \agenda' D \1W -16 \O D- enifg090 - 1ADGiImer ardendale- sp.dee Page 4 of Corpus Christi, Texas day of _ , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring ' ng susp enion of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, e tfull Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper _ Larry Elizondo, Sr. Mike Hummell Bill Kelly - Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon tchon u -11 1i _ i 2i harpril nr1I Iiae[1dBI 7I10 -'l \ l D -zonin 0 -01 +lnr ore rd ndal - p.do 12 AGENDA ME' MO UM PUBLIC HEARING — ZONING (CityCouncilAetionDate: October 16, 2007) Case No. 0907702, Shoreline Oaksjnc.: A change of zoning from an "T- l B" Manufactured Home Park District to a "R-1C" One - family Dwelling District, 46.502 acres out of Lots 7, 8, and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue Road. ?jannin_Comrnjssion _ Staffs ec mmen Nation iSentember 19 , 2007): Approval of the "R-IC" One- family Dwelling District. Requested Council Action: Approval of the "R-1C" C" One- family Dwelling District. Summa • Request: The applicant is requesting a change of zoning from "T-113" Manufactured Home Park • �� �� � Dwelling District continued development of a multi- phase to the R- 1 One - Family Dvel ling District for the continue p vase sin le- family residential subdivision. Phase 11 of the Shoreline Oaks Subdivision will consist of forty -two single- family lots within a 46.5 acre area. Ultimately, Phase III will occupy a portion of the 46.5 acre "R-1C" area. • Zoning: The purpose of the "R-1C" District is to provide for single- family residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses normally compatible with residential surroundings. • In Article 6A of the Zoning Ordinance, the "R -1 " One - Family Dwelling District requires a minimum lot size of 4,500 square feet, with a maximum density of 9.68 dwelling units per acre. The minimum front yard setback is twenty feet with five foot side and rear yard setbacks. The maximum height of a structure may be twenty -six (26) feet or two stories. The minimum lot width within the "R- I C" District is forty-five feet with a 30% open space requirement • In contrast, in Article 7A of the Zoning Ordinance the "T-1B" Manufactured Home Park District requires a minimum area of at least five acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. There is no minimum lot area for a manufactured home site; however, there shall be no more than twelve (12) manufactured home spaces per acre of gross site area. The minimum side -to -side unobstructed clearance between manufactured homes shalt be twenty (20) feet except where an open carport or porch i Agenda Memorandum Case No 0907-02 (Shoreline Oaks, Inc.) Page 2 • Transportation: The property will be served by Flour Bluff Drive, an A -1 Arterial as identified in the Urban Transportation Plan and has an ultimate design standard width of 95 feet consisting of five lanes, one of which is a continuous left turning lane. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic increase for the proposed forty -two (42) lot subdivision addition would be approximately 420 average daily trips along Flour Bluff Drive. • Comprehensive lanlFuture Land Use: The future land use map recommends mends Mobile Home for the subject property. The request is generally consistent with the future land use plan because the proposed use of single - family homes is similar to the dwelling density and traffic generation planned for this area. Both the density and traffic counts would be reduced when developed with low density residential. Notification: Of the forty -nine notices mailed to the surrounding property owners, zero were returned in favor and zero were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, , AICP Assistant City Manager of Development Services RN/FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (September 19, 2007) 3) Ordinance PIM/Project Manager r.. PIP_ Planning Director H:\PLN-DIR\SHAREMBeverly\2007 CC\Sept'07\0907-02AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0907-02 City Council Hearing Date: October 16, 2007 es ow Applicant: Shoreline Oaks, Inc. Owner: Same as above Agent: Urban Engineering Legal Description/Location: 46.502 acres out of Lots 7, 8, and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue Road, From: "T-1B" Manufactured Home Park District .E 41 To: "R-1C" C" One - Family Dwelling ling District mi Area: 46.502 acres Purpose of Request: To allow for the continued development of Shoreline Oaks Subdivision Phase II, a sin :le - faintly residential communitz Zoning Site "T-113" Manufactured Home Park District North South East West sr, g6.7 "R-2" Multiple Dwelling District "R-1B" One - family Dwelling District "R-1C" One- family Dwelling District "R -I" One- family Dwelling i District Existing Land Use Future Land Use Vacant Mobile Home Vacant Medium Density Res. Vacant Low Density Res. Cayo Del Oso Low Density Res. Low Density Res. Cayo Del Oso/Park Area Development Plan: Flour Bluff ADP - The proposed development is generally consistent with the future land use map. The future land use map identifies the subject site as Mobile Home. However, staff is in support of the proposed zoning change from "T- I " to -1 C ", due to low density residential being compatible with the surrounding land uses, as well as being similar in the density and traffic generation of a Mobile Home land use. Map No.: 037031 Zonin F Violations: None Zoning Report Case No. 0907-02 Page 2 Staffs Summary • Request: The applicant is requesting a change of zoning from "T-18" Manufactured Home Park District to the "R-1C" C" One -Farm ly Dwelling District for the continued development of a multi - phase single- family residential subdivision. Phase II of the Shoreline Oaks Subdivision will consist of forty-two (42) single- family lots within a 46.5 acre area. Ultimately, Phase III will occupy a portion of the 46.5 acre "R-1C" area. • Zoning: The purpose of the "R-1C" District is to provide for single- family residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses normally compatible with residential surroundings. • In Article 6A of the Zoning Ordinance, the "R-1C" One - Family Dwelling District requires a minimum lot size of 4,500 square feet, with a maximum density of 9.68 dwelling units per acre. The minimum front yard setback is twenty (20) feet with five foot side and rear yard setbacks. The maximum height of a structure may be twenty-six (26) feet or two (2) stories. The minimum lot width within the "R-1C" District is forty -five (45) feet with a 30% open space requirement. • In contrast, in Article 7A of the Zoning Ordinance the "T- I B" Manufactured Home Park District requires a minimum area of at least five acres in size with a minimum width and/or depth of three hundred (300) feet located on a public street or highway. There is no minimum lot area for a manufactured home site; however, there shall be no more than twelve (12) manufactured home spaces per acre of gross site area. The minimum side -to- side unobstructed clearance between manufactured homes shall be twenty (20) feet except where an open carport or porch is located contiguous to a manufactured home, a minimum ten (10) foot unobstructed clearance is allowed between the manufactured home and the outer edge of the open carport or porch. A manufactured home shall be located a minimum of five feet from the access drive. • Existing Land Uses: The subject property is currently vacant with approximately 1,300 feet of water frontage along the Cayo Del Oso. The area being rezoned will consist of the proposed Phase II and Phase III of a multi -phase residential development. The property is bordered to the north and south by vacant property, to the east by Shoreline Oaks Subdivision (Phase 1 development) and to the west by the Cayo Del Oso. • Utilities: Water and Wastewater service is available for the continued expansion and development of the subject property. • Transportation: The property will be served by Flour Bluff Drive, an A -1 Arterial as identified in the Urban Transportation Plan and has an ultimate design standard width of feet consisting of five lanes, one of which is a continuous left turning lane. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic increase for the proposed forty -two (42) lot subdivision addition would be approximately 420 average daily trips along Flour Bluff Drive. Comprehensive Plan/Future Land Use: The future land use map recommends Mobile Home for the subject property. The request is generally consistent with the future land use plan because the proposed use of single- family homes is similar to the dwelling density and traffic generation planned for this area. Both the density and traffic counts would be reduced when developed with low density residential. Zoning Report Cage No. 0907 -02 Page c r7i Street Type Flour Bluff` Drive A -1 Arterial ran Paved Section 95 feet (64 feet back to back) 5 lanes wicontinuous LIT, urrentl o' aved Lo12oi7 ) 9,750 ADT The subject property is not platted but is part of a preliminary plat for the Shoreline Oaks Subdivision, a multi -phase development The final plat for Phase 11 will be submitted for approval once re- zoning has been approved. Department Comments • The continued development of this subdivision site is compatible with existing uses in the area and provides an affordable alternative in the housing market. • The "R-1C" District and the design criteria associated with it provide a standard that is affordable to a cross section of the housing market, first time home buyers, young couples or families starting out and retired residents on a fixed income. e. • Re- zoning this property to the "R-IC" One - Family Dwelling District would allow for the continued development of a planned Multi-Phase Modular Home Community. • The Phase 1 property was rezoned from "T-1B" Manufactured Home Park District and "B-4" General Business District to "R-1C" One-family Dwelling District on May 25, 2004, Zoning Case No. 0304 -06, Ordinance No. 025770. Approval of the "R-1C" One - family Dwelling District. tke CS ▪ trt • .� wi ▪ E GO E (...) Approval of the "R-1.C" One - family Dwelling District. Number of Notices — 49 Favor Opposition - As of October 3, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed A-1 A-1A A-2 AB AT B-1 B-1A 3-2 8-2A 3-3 B-4 B-5 D-6 BO F-R HC 0 100 200 400 =111111=21Feet NOTICE CASE # 0907-02 ZONING Apartment House District Apartment House District Apartment House District Professional Office District Apartment-Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District Barrier Island Business District Business District General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist Farm Rum] District Historical.Cuitural Landmark Preservation 11138 .noto,g 012o. Wo:frotoity. Sopftrrect OS. 20ca 625.02 P.P0d; SOuror £11, of Corpus Cho. - Oevolownoril fl,P1-$.01M51.11ED‘3iS PromaziCasost2007. 1-1 1-2 1-3 PUD R-1A R-1B R-1C R-2 RA RE R-TH SP T-1A TAD T-IC Limited Industrial District Light Industrial District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling Dstrict One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling Disbict Special Permit Travel Trailer Park District Manufactured Horne Park District Manufactured Home Subdivision District OWNERSHIP Subject Property Owners within 200 feet listed on attached ownership table X Owners in opposition • MEM ▪ Fg Gess. alUe aY, UrrAerrt. 05- 2007 4 ,501.1 ASA F4ewct; $e+rca CO 4 Coitus C.O. • 8are4pmrnt Simon • H,PU.- QIA,SHAR ED+1il3 Pmpre slCasesa:07 a.9 7-0 907-02 _Chwierstdp, 4 0 Xi POMO SnCIJO0 :Eti 8L mg ' 'd fat 0 0 c� w W t4 rr�� h i h ► o' `' `' `'. w ' # Ord to r►f' ! 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L iliW M 0 2. _, g gr M P CO t.14 9* ivi # UFi p FLOUR BLUFF & ENC FRIA GON TRACT 18.$6 ACS OUT OF LTS 9 & 9 SEC 40 li 1 III 1 liii m rn m mrnrnrn rnrn1 r C r r r r r r� r r r a zzzz z z 2 z l z z z z m m rn m c rn m rn rn rn m rn iii m m m m rn m rn M rn c CCCC z c c c c c c c c c c c zzzz z z, z z -I -t - -1 / -I -0 -I ti -I -I -I --4 -I -1 ;i --I -i -4 -i -I -I 1 -I r r r r - r r r r r r r r r r r r r r r r r cry + .A t) : w -g x s s 1 ,' .t .0 a c.+ va - R Fk V , , 4. crs to to . vx ov w e tan Pa Pi r. ur 0 M § r g. 40 Of M o Q g ri., _ v. 1 u r! r1 �ij rV G3 #r rl # WI e.e reI w V V i7+ V1 op ;n+ n c.� w n 0 v. i .r t m en p —1 tw w #s+ w c �, -� c� 1:l� .3 t eg 1i t.1 # o tg O G 2 ti r. Q ? [tl cfi i w G tA g * # i` M v 1rh li .w _F F N 1 1►1 r ! +. as hi N N 2 HD a h1 h: rw} h! N 0 N ] N 17 N N 2 z c m 0 0 z 0 ha m 1 0 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0907 -02 Shoreline Oaks, Inc. Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 49 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Ps. ppositiQfl: H. Responses received from outside the 204 -foot notification area: Favor: � Qpposition: M. Responses received from owners /applicants of subject area: Favor: 0 Opposition: � \PLI - DLRISHAREDIBeVerly1 007 P \PUBLI MENTS\09 7 -0 .doC MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — September 19, 200" 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman David Loeb Atilano J. Huerta Evon J. Kelly Johnny R. Martinez Govind Nadkarni James Skrobarczyk John C. Tamez ABSENCES: None STAFF: Bob Nix, Assistant City Manager/ Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services Planning Michael I. Gunning, AICP, Special Assistant to Development Services Gary Smith, Assistant City Attorney Miguel S. Saldara, AICP, Senior City Planner Robert Payne, AICP, Senior Planner Mic Raasch, AICP, City Planner Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Stephanie Voss, Project Manager Beverly Lang- Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espariol a ingl s en la junta pars ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :34 p.m. b. Case No. 0907- Shoreline Oaks, Inc.: A change of zoning from a "T-1B" Manufactured Lorne Park District to a "R-1C" One - Family Dwelling 46.502 acres out of Lots 7, 8, and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue Road. Mr. Wes Vardeman presented the above case via Power Point, stating the case is for Shoreline Oaks Subdivision located in Flour Bluff west of Flour Bluff Drive and east of the Cayo Del Oso and north of Purdue Road south of Don Patricio Road. Mr. Vardeman stated the request is for a change of zoning from a "T-1B" Manufactured Home Park District to a "R-1C" One - Family Dwelling District, comparing the required setbacks for each district. Mr. Vardeman stated that other compatible land uses include public buildings, schools, churches, public recreational facilities and accessory uses normally compatible with residential surroundings. Mr. Vardeman stated the request is to provide for the continued development of Shoreline Oaks Subdivision Phase II, a single - family residential community. Mr. Vardeman explained the difference in a modular home and a manufactured home, stating that a manufactured home i Planning Commission Minutes September 19, 2007 Page 2 the chassis and permanently anchored to a pier and beam foundation and then finished out. A manufactured home remains on the chassis for the life span of the structure and can be relocated. Mr. Vardeman stated that forty -nine public notices were mailed with zero being returned in favor and zero in opposition. Staff recommends approval of the "R-1C" Or e- Family Dwelling District. In response to Commissioner Huerta, Mr. Vardeman stated the only true slab is the driveway apron and the garage apron. The rest is basically pier and beam. In response to Commissioner Tam , Mr. Vardeman stated they do meet windstorm, which is a big difference in modular homes and manufactured homes. Mr. Smith stated that a manufactured home is more fully known has a HUD Code Manufactured Home and is built to the standards that the federal government has established for manufactured homes. It carries a HUD code seal. A modular home is built to the local building code, i.e., it must meet our windstorm code and other local codes. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion to pp rove was made by Commissioner I adl arni and seconded by Commissioner Sl robarc yl . Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SHORELINE OAKS, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 46.502 ACRES OUT OF LOTS 7, 8, AND 9, SECTION 40, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "T-1B" MANUFACTURED HOME PARK DISTRICT TO "R-1C" ONE- FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE E PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING . COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Shoreline Oaks, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 19, 2007, during a meeting of the Planning Commission, ion, and on Tuesday, October 16, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, , THEF EFOI E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 46.502 acres out of Lots 7, 8, and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue Road, from "T-1B" Manufactured Home Park District to "R- D" One- family Dwelling District. (Zoning Map 037031) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H#: \LEG -DIRl hared\ ary \agenda\ 0O 11O -1 IORD- oningO90 -O sh r &ineoaksPhasell.do Page 2 of 3 SECTiON 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION violation tion of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1- of the City Code of Ordinances. tion shall be made in the official publication of the City of SECTION 7. That publication Christi as required by the City Charter of the City of Corpus Christi. Corpus �h � SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two 1 ar meetings so that this ordinance is passed upon first reading as an emergency re measure on this 16th day of October, 2007. CITY OF CORPUS C RiSTI ATTEST: Armando chaps City Secretary APPROVED: October 10, 2007 G ry + . Smith Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi r -'. r--' ,tom► .., .. . „r l n��,r# 1'7f�i1 1'I _1 i1 i - Or1inQ O -O h r � neoa�c Pk 1.dQ Page 3 of 3 Corpus Christi, Texas day of , 2007 TO THE MEMBERS of THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting on ordinances at to regular meetings. Mire, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, fees eotfull y , Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance a was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike H m e i Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez _ . Michael McCutchon ,•ki Prt_rlI X 1,ararilr4nruMartctrtfial2007 "l{3- 16lORD- oning 90?' -0 shorelir eoaksPhasall.doo URBAN ENGINEERING Job No. 23808.A7.01 August 29, 2007 State of Texas • County of Nueces ` acre tract land knot based on an on-the- ground �� for the re-zoning a � Garden Tracts, map of 8 and 9, Section 40, Flour l'f and ncdna, Fay and survey) out dots 7, � _ cords of �uecs County, texas; said 46. o acre which is �r reode � . 43 � A, Pages �, Neap tract of hand being more fully described by metes and bounds as follows: o Lot � 3, Section 40, said Flour Bluff and BEGINNING at point on the northeast boundary from which point the • Tracts, same being t .e southwest boundary of said Lot 7, nc�nl Farm and �arez� � i � � Unit 1, a map of is recorded in volume west corner of dot 8, Block 3, Shoreline Oaks Subdivision � �� a distance off` 64, Pages 255 and 256, Map Records of Nueces County, Texas, bears South 61°27'50 t 4.35 feet; " West, along the northeast boundary of said Lots 11.12 and 13, THENCE, North � � ctior 40, said Flour Bluff and Encinal and Garden Tracts, same being the southwest boundary of •the Ca yo del Aso, said Lots 7, and and this tract a distance of 1240.62 feet to a point on the meanders o y for the west comer of this tract; THENCE Ca yo the meanders f e y del Aso, same being the nthwest boundary of this tract, as follows: North 20'31'53" East, 550.02 feet; North 1 °47'52" East, 79.97 feet; North 11°42'56" West, 8Q.04 feet; North 46'39'12" West, 232.81 feet; North 37'59'05" West, 26.77 feet; North 16'39'51" West, 333.1 feet; THENCE, North 8'2" Bast; a distance of 331.51 feet to a point on the southwest boundary, of Lot 1, said Section 40, for the north corner of this tract; �� the southwest boundary of Lots 1, 2, 3 and 4, said Section THENCE, South �°2 So East, along being the northeast boundary of said Lots 9, 8, and of this tract, a distance of X892.8 feet for 4# saw g ' the east comer of this tract; the southeast boundary of this tract, distance of 1320.15 THENCE, South 28°32'10" West, along . feet t o the Point of Beginning and containing 46.502 acres of land, plat of Shoreline Oaks Subdivision nit 1, a map o which is Bearings based the recorded Texas. recorded in Volume 64, Pages 255 and 256, Map Records o f Nueces Co �,, ty, preamble, seal' and signature, appears in its original Unless this Field Notes scriptior�, including form, or assumes no responsibility or liability for its accuracy. surveyor Urban Tugin eri g IAA : ANTHER DR. • CORPUS CHRISTI, TEXAS 784 04 18x4 -1C�� �" �O� I\ rbana °1\Data ury ng\ 3 0 1 DlNz nin � z ptst Juan J. ataar, R.T. License No. 4909 FAX 06108546001 Page 1 o 1 &WO line mold O 0 N23�0S� E Q w 0 fl 0 O EGE, 12 % ti81 0 1 wit0; .444 g fig-T. Li: zmil of mAw-62 o 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: October 16, 2007 AGENDA ITEM: Briefing on the Infrastructure Financing Agreement between the City of Corpus Christi, Texas and Crosstown Commons, LLC and Crosstown Commons Development Corporation. CITY STAFF PRESENTER(S): Name Title Department Skip Noe City Manager Oscar Martinez Assistant City Manager Administrative Svs Irma Caballero Director Economic Dev. OUTSIDE PRESENTER(S): Name John Bell Title Wood, Boykin & Wolter ISSUE: To update the Council on the Crosstown Commons Project. dafid Irma Caballero, Director Economic Development SUMMARY OF II FRASTRUCTURE FINANCING AGREEMENT The following section outlines the basic changes from the Preliminary Infrastructure Financing Agreement originally approved June 26, 200 7: 1. Time for Completion. The time period for completion of the Project has been extended from three years to seven years due to current market conditions. 2. Q_&ichQdjmit. The clause in the Preliminary Agreement providing for a 15% limit on relocations from a multi - tenant facility if the Project is completed at a level of at least 1,400,000 square feet has been replaced with a provision limiting relocations to no more than one anchor tenant from any one multi- tenant facility regardless of the size of the Project. (For the purposes of this provision, an anchor tenant is defined as a store comprising at least 170,000 square feet.) The following section outlines the supplementary material and clarifications converting the Preliminary Infrastructure Financing Agreement into the final Infrastructure Financing Agreement: 1. LGC Formation. The new entity to be formed as a local government corporation controlled by the City named the "Crosstown Commons Development Corporation" is added as a party to the Agreement. 2. 380 A * reement. The City survey of other projects in Texas showed that nearly all were based on an agreement under Chapter 380 of the Local Government Code rather than Chapter 311 of the Tax Code. The developer proposes following that same format, so the procedures concerning formation of a reinvestment zone for tax increment financing under Chapter 311 of the Texas Tax Code have been replaced with provisions providing for the rebate or payment of amounts equal to 67% of the new sales taxes (excluding relocations) and 67% of the new property taxes under Chapter 380 of the Texas Local Government Code. The economic effect of the payments remains the same. 3. Base Tax Levels. Clarification has been made setting the base Sales Tax amount at zero and the base Property Tax amount at the property's current use and valuation as of January 1, 2007. 4. Definitions. Definitions have been provided for "Gross Floor Area ", "Retail" and other key terms used in the Preliminary Agreement. 5. Default Remedies. Specific provisions concerning the reduction of reimbursement amounts to the Developer due to default have been added; provided that, if the Developer has constructed the Off -Site Infrastructure improvements and such improvements have been accepted by the City, the Developer shall be reimbursed in. any event the actual costs incurred in such construction up to the maximum amount of $ 13,21 8,750. (Any such reimbursement onl y is payable from the creation of new tax revenues from the Project.) The following section includes points remain unchanged from the original Preliminary Infrastructure Financing Agreement: Com D lotion. No funds are payable by the City to the � , NQ Reimbursements until � y Developer unless and until construction is completed and revenues actually are generated from the Project. 2. Reimbursements nbursements Limited to New Revenues. The only reimbursements to be provided to the Developer er shall be based upon 67% of the new sales taxes and property taxes generated by the Project excluding "relocations." 3. Relocations. "Relocations" are defined as a store relocating to Crosstown Commons or opening a new store and closing its other location in the City within three years after such p g g opening. 4. Not City Bonds. No bonds will be issued until the Project has been completed, and any bonds will be issued by a local government corporation and not the City of Corpus Christi. 5. Jobs Local and DBE Contractors. At least 500 new jobs will be created, 30% of the total construction costs will be paid to local contractors or suppliers, and 25% of the total c p construction costs will be paid to disadvantaged business enterprises. 6. Maintenance by Develo s r. All On-Site Infrastructure will be maintained by the Developer at no cost to the City. DRAFT 1 0/1 012 0 0 7 INFRASTRUCTURE FINANCING AGREEMENT By and Among CITY OF CORPUS CHRISTI, TEXAS and CROSSTOWN COMMONS, C and CROSSTOWN COMMONS V PM I T CORPORATION DRAFT INFRASTRUCTURE II ANCING AGREEMENT This Agreement ("Agreement") is made and entered into as of , 2007 (the "Effective Date"), by and among the City of Corpus Christi, Texas, a home -rule municipal corporation (the "City"), Crosstown Commons, LLC, a Texas limited liability company, ("Developer"), and Crosstown Commons Development Corporation, a local government i n (the "XX" created ursuant to Chapter 3 , Texas Transportation Code and corporat .�.� pursuant 394, Texas Local Government Code. RECITALS WHEREAS, the Developer desires to develop a lifestyle and power center to be known as "Crosstown Commons," as more particularly described in the conceptual plan for the project attached hereto as Exhibit A (the " rort" as more particularly defined below), to be developed att � on a vacant, unproductive, approximately 220 -acre site in Corpus Christi, Texas; and WHEREAS, the Developer and the City entered into a Preliminary Infrastructure Financing Agreement dated as of Jul 27, 2007 ("PrllminaryA► eerrrent" setting forth the basis g � July negotiating the terms of the financing of certain infrastructure improvements associated with for g g the Project; and WHEREAS, the Developer has determined that the accelerated construction of certain infrastructure "infrastructure," as defined herein) will enhance the Project; and WHEREAS, the City has established a program in accordance with Article III, Chapter 52 #a of the Texas Constitution and Chapter 380 of the Texas Local Government Code � p ("Chapter 380") under which the City has the authority to make loans or grants of public funds the purposes of promoting local economic development and stimulating business and for t purp p commercial activity within the City; and WHEREAS, the City has concluded and hereby finds that this Agreement promotes economic development in the City of Corpus Christi and, as such, meets the requirements under e p � Chapter 380 and the City's established economic development program, and, further, is in the best interests of the City and Developer; and WHEREAS, the City recognizes the positive economic i DRAFT defined herein) to the City, and additional jobs located at the Project, the City and the LGC agree to use such funds in order to rovide the Reimbursement Amount (as defined herein) to the Developer either directly or by the LGC's issuing bonds secured by such funds in the amount described in Article TV of this Agreement; and WHEREAS, consistent with Article HI, Section 2 -a of the Texas Constitution, Chapter 380 and other law, City, the Developer, and the LGC as contemplated in this Agreement agree to work together to cause the public purposes of developing and diversifying the economy of the state, eliminating unemployment or underemployment in the state, and developing or expanding transportation or commerce in the state; and WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in a manner consistent with Article fir, Section 52-a of the Texas Constitution, Chapter 380 and other law, the Developer has agreed to comply with certain conditions for receiving those benefits, including performance measures relating to job creation, Project operations, and the hiring of local and disadvantaged businesses for the construction of the Proj DRAFT " n" shall mean the date the Project is opened and fully - leased or occupied at tom let _ the Developer in its request for designation of project completion when the the time stated th � dross Floor Area of Retail space in an amount of at least one of the Completion Thresholds has been developed, and such space shall be deemed the "Project" for all purposes under this The Project 'ect shall be considered fully - leased or occupied when the Developer o� 0% of the Project is leased or occupied. In the event that the Developer certifies that at least Project Completion date prior to reaching 90% occupancy but has reached at least 60% establishes pomp p g occupancy, the percentage that Relocation stores represent out of the total Gross Floor Area g ` or occupied at such time shall be applied to any unleased or occupied which actually is leased p space up to the 90% level. "Completion Thresholds" shall mean thresholds at which all or a portion of the Project is Complete, and the corresponding eligible Reimbursement Amount as follows: �o p p $1,2,75oforo Off-Site Infrastructure as set forth in Exhibit B) for the development of at least 500,000 Gross Floor Area of Retail space; $20,500,000 $ 1 21 750 for Off-Site Infrastructure and the balance for On-Site Infr'astructu re as set forth in Exhibit 13) for the development of at least 750,000 Gross Floor Area of Retail space; $27,000,000 ( for Off-Site Infrastructure and the balance for On-Site Infrastructure as set forth in Exhibit B) for the development of at least 1,000,000 Gross Floor Area of Retail space; $33,500,000 ($13,218,750 for Off-Site Infrastructure and the balance for On-Site Infrastructure set forth in Exhibit for the development of at least 1,250,000 Gross Floor Area of Retail space; or $40,000,000 $ 21 750 for Off -Site Infrastructure and the balance for On-Site Inraruc►r e r as set forth in Exhibit B) for the development of at least 1,500,000 Gross Floor Area of Retail space. hosts of Issuance" shall mean the items of expense payable or reimbursable directly or • • related to the authorization, sale and issuance of C Bonds or the indirectly by the LGC and authorization or incurrence of other obligations, which items of expense shall include without ` ' of the foregoing: travel e expenses; printing costs; costs of reproducing limiting the generality o p documents, compute documents; computer fees and expenses; filing and recording fees; initial fees and charges of the Trustee, paying agents, gentsregistrars, securities depository, and any authenticating agents; initial fees and charges of providers of credit agreements, investment agree ents, investment liquidity fac . , . fund surety policies or other parties pursuant to remarketing, indexing or rlrt�e, reserve fu similar agreements; discounts; legal fees and charges; consulting fees and charges; auditing ng fees ' ; credit insurance; financial advisor's fees and charges; costs of credit ratings; and expense; insurance ppremiums; premiums; g • fees and charges for execution, transportation and safekeeping of GC Bonds or other obligations; expenses and fees of the LGC and the City associated with the LGC Bonds or other obligations and initial fees of any arbitrage consultants; and other administrative 3 DRAFT or other costs of issuing, carrying and repaying such LGC Bonds or other obligations and investing the proceeds thereof. "Debt Service" shall have the meaning set forth in any Indenture or similar security agreement relating to the issuance and delivery of GC Bonds or other obligations. "Debt Service Fund" shall mean the Debt Service Fund established in the Indenture or similar security agreement relating to the issuance and delivery of LGC Bonds or other obligations. "Debt Service Reserve Fund" shall mean the Debt Service Reserve Fund, if any, established in the Indenture or similar security agreement relating to the issuance and delivery of LGC Bonds or other obligations. "eveloprnert Agreement" shall mean the development agreement entered into between the City and the Developer, dated June 26, 2007. "Fiscal Year" shall mean the twelve consecutive month period designated by the City as its fiscal year. As of the date of this Agreement, the City's fiscal year commences on August 1 and ends on the next succeeding July 31. "Gross Floor Area" shall mean the sum, in square feet, of the gross horizontal areas of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including: (1) Attic space providing headroom of less than seven feet; (2) Basement space not used for retailing; Uncovered steps or fire escapes; Accessory water towers or cooling towers; Accessory off - street parking spaces; and Accessory off - street loading berths. "Indenture" shall mean the Indenture of Trust and any supplemental indenture entered into between the LGC and the Trustee relating to the issuance and delivery of LGC Bonds and other obligations. "Infrastructure" shall mean the streets and roadways, drainage and detention associated with streets and roadways, landscaping and lighting, parking facilities, water, sewer, and storm sewers, and all other utilities and other infrastructure, as further described in Exhibit B attached hereto. The Infrastructure consists of two components its as further define d below, off -site, and on- site, as delineated in Exhibit B attached hereto. 4 DRAFT "Letter of Acc tance" shall mean a certificate of the City certifying the completion of all or a portion of the Infrastructure constructed by or under the supervision of the Developer in accordance with the applicable plans and regulations. "LGC Bonds" shall mean any LGC contract revenue bonds, obligations or notes issued in accordance with state law and pursuant to this Agreement and secured by the Sales Tax Revenues or Property Tax Revenues, and any combination thereof, payable hereunder. "Off-Site Infrastructure" shall mean the Infrastructure constructed off the Property and dedicated to the City ursuant to this Agreement and the Development Agreement, as delineated in Exhibit B attached hereto, including hard and soft costs relating thereto. "On-Site Infrastructure" shall mean the Infrastructure constructed on the Property, as delineated in Exhibit B attached hereto, which shall be maintained by the Developer rather than the City. "Parties" or "Party" shall mean the City, the LGC, and the Developer, the parties to this Agreement. "Iro ■ ect" shall mean the improvements as constructed by the Developer upon Completion, "Iro e " shall mean the real property on which the Project will be built, as described in Exhibit C attached hereto. "Pro • e Tax Revenues" shall mean 67% of the City ad valorem taxes generated from Project and collected by the City in each Fiscal Year, above the Base Property Tax, during the t the term of this Agreement. "Reimbursement Amount" shall mean an amount based on the Property Tax Revenues and Sales Tax Revenues, but limited to the sum of 1) for the Off -Site Improvements, the actual costs incurred by the Developer, u on Completion, up to 13,2 18,+750; and 2) for the On-Site � upon the corresponding dollar amount listed for each Completion Threshold or the amount calculated as the Proportional Reimbursement Amount for a Proportional Completion Threshold. With respect to the Off-Site Improvements, the City shall have the right to inspect the records of the Developer to verify that such costs have actually been incurred by the Developer. The Reimbursement Amount shall not include any: i) municipal ad valorem taxes generated by ersonal property included in the Project; ii) sales and use taxes received by the City for crime control and prevention or pursuant to Sections 4A or 413 of the Development Corporation Act; iii) hotel or motel taxes generated from the Project; and iv) utilities revenues and other fees collected by the City from the Project. "Reimbursement Fund" shall mean the special fund created by the City as described in section 4.01 (A) of this Agreement. "Reserve Fund Requirement" shall have the meaning set forth i DRAFT "Relocations" shall mean: (A) Each and every retailer that has relocated from an existing location within the City to the Project, if i it operated a Retail store in the corporate limits of the City within three years immediately preceding opening of its new Retail store in the Project; and ii) it closes that store within three years immediately following opening of its new Retail store in the Project. In the event that the new store in the Project is larger than its closed store, the percentage of Gross Floor Area (as such term is defined in industry standards) which represents the increase shall not be considered part of the Relocation but shall be treated as new store sales. In the event that the retailer's new store in the Project is smaller than its closed store, no adjustment shall be made. (B) In the event a retailer opens an additional store, but the original store closes within the three -year period, the retailer will not be considered a Relocation if the City Council of the City determines in its sole discretion that either: (0 the store closure was due to economic circumstances not related to the opening of the Project; (iii) if the retailer opens a comparable store at another location elsewhere in the City; or (iii) the space vacated by the retailer is re- leased to a comparable retailer. In addition to the foregoing, a relocating retailer may not be allowed to establish a Retail outlet i DRAFT Relocations in the Project shall first be subtracted from the total City sales and use taxes so that the amount Reimbursement of City sales and use taxes to be applied toward the eimbursement Amount will be applied only to the net new amount of City sales and use taxes generated by the Project. "State Cony troller' shall mean the Comptroller of Public Accounts for the State of Texas, ors such other agency responsible for collecting sales and use taxes within the State of Texas and remitting them to the City. "Trustee" shall mean the bank or other financial institution designated as such in the Indenture. Section 1.03 Sin l r and furl, Words used herein in the singular, where the context so permits, also include the plural and vice versa. The definitions of words in the singular herein also apply to such words when used in the plural where the context so permits and vice versa. ARTICLE II REPRESENTATIONS Section 2.01 Representations of the C.Z. The City hereby represents to the Developer and the LGC that as the date hereof: (A) The City is a duly created and existing municipal corporation and home rule municipality . of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry ' on the governmental functions and operations as contemplated by this Agreement. (B) The City has the power, authority and legal right under the laws of the State of Texas and the City Charter to enter into and perform this Agreement and the execution, delivery performance hereof (i) wi ll not, to the best of its knowledge, violate any applicable and . judgment, order, law or regulation, and (ii) do not constitute a default under, or result in the creation of, any lien, charge, encumbrance or security interest upon any assets of the City under an y agreement or instrument to which the City is a party or by which the City or its assets may � be bound or affected. (C) This Agreement has been duly authorized, executed and delivered by the City constitutes a legal, valid and binding obligation of the City, enforceable in accordance with and, cons � g its terms except to the extent that i the enforceability of such instruments may be limited by reorganization, insolvency, moratorium or other similar laws of general application bankruptcy, � y ' ffect from time to time relating to or affecting the enforcement of creditors' rights and in effect g (ii) certain equitable remedies including specific performance may be unavailable. (D) The execution delivery and performance of this Agreement by the City do not require the consent or approval of any person which has not been obtained. Section 2.02 Representatice Develo er. The Developer hereby represents to the City and the LGC that as of the date hereof: DRAFT (A) The Developer is duly authorized and existing and in good standing under the laws of the State of Texas, and is qualified to do business in the State of Texas. (B) The Developer has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the executi DRAFT ARTICLE III DEVELOPER OMMIT ENTS Section 3.01 Pr eat. (A) Subject to acquiring the Property, � obtainin financing for the construction of the Project, and the compliance of City f the Ci with the terms of this Agreement and the Development Agreement, the Developer agrees to develop and construct the Project as described herein to accomplish Completion of the Project within seven (7) years from the date of this Agreement. o n j � engineering, planning, Developer shall pay all ea r g, � g, accounting, architectural, legal fees and laboratory costs, license fees, land clearing and grading costs, expenses, survey, testing, � � labor and in and other bidding costs, amounts due under construction contracts, costs of material, insurance premiums, and other costs and expenses incurred in connection with the • improvements, which costs as set forth in Exhibit B attached construction of such infrastructure � p � , ` approximate $58,300,000. The Ci shall not be responsible for any of hereto are et�n�ated to pproxrrx�at City such costs out of its current revenues or other sources, except i DRAFT Section 3.03 Operational lint. (A) The Developer's receipt of the Reimbursement Amount is subj DRAFT business enterprise under this provision, the firm must be certified by the City, the Regional bus rp Lion Authority or another governmental entity in the jurisdiction of the home office of Tranporta t the business as complying with state or federal standards for qualification as such an enterprise. The Developer a ees to a goal of 25% of the total dollar amount of all construction contracts and supply l agreements being aid to disadvantaged business enterprises, with a priority made for disadvantage vntag e business enterprises which are local. The following table shall establish the portion of a contract with a disadvantaged business enterprise which shall count towards the goal: Disadvantaged Business Enterprises in Corpus Christi MSA 100% Disadvantaged Business Enterprises elsewhere in Texas 80% Disadvantaged Business Enterprises outside Texas 60% A contractor or supplier shall be considered located in the Corpus Christi MSA if it has maintained d an office within the Corpus Christi MSA for at least one year. This goal shall apply !♦ the total amount of all construction contracts and supply agreements made by the Developer in 7r � ' with the construction of the Project, not just the construction contracts and supply connection Project, agreements made in connection with the Infrastructure. The parties acknowledge that some and supply agreements will be controlled by particular tenants of the Developer and construction ► pp y r to not under the control of the Developer. The Developer agrees to encourage such third parties no City arable goal of 25% f their construction costs, but the City ackn �rle lges that adopt g I Developer has no legal authority in connection with such third -party contracting. (B) p g The Developer agrees to enter into a Fair Share Agreement with the City pertaining Requirement. the achievement of the DBE equirem nt. The City shall assist the Developer in ' ' a person or firm to provide independent verification and monitoring of Developer's recrurt�ng p p p . .. in connection with the above goals. Such person or firm shall be responsible for activities � reviewing the contract information for the contracts made by Developer, verifying the eligibility h firms identified as meeting the requirements stated above, and providing quarterly reports oft e g , the City concerning the Developer's achievement of the goals in connection with construction to y p City The person or firm may rely upon the determination made by the City or another of the 1'ro,� y y p , governmental entity as to the qualification of a contractor or supplier as a disadvantaged business goverxun ty q enterprise. The costs of such verification and monitoring during the construction period shall be subject to the approval of and paid by Developer. Such costs shall not be subject to subs pp p reimbursement as admi DRAFT not satisfy the Jobs Requirement, the Local Requirement, or the DBE e luirement, with equal weight given to each requirement and to the degree of non- compliance with each requirement. The City agrees not to reduce the Reimbursement Amount, as long as the Developer has exercised reasonable efforts to comply with the Local Requirement and the DBE Requirement. The Developer shall be deemed to have exercised reasonable efforts to comply with the Local Requirement and the DBE Requirement as long as the Developer keeps and provides to the City records required to be maintained under sections 3.04 and 3.05 documenting its reasonable compliance attempts, even if the Developer does not actually meet the compliance goals. If the Developer does not satisfy any other requirements under this Agreement in connection with its construction of the Project, the City may reduce the Reimbursement Amount based upon such default. Any reduction of the Reimbursement Amount based on the provisions in this section 3.06 shall be applied to the total Reimbursement Amount; provided that in no event shall the Reimbursement Amount be reduced to an amount below the actual costs expended by the Developer for the Off -Site Infrastructure improvements. The City Commitment and the payments therefrom shall continue until the total reduced Reimbursement Amount is paid to the Developer. If the City has paid the Developer the entire Reimbursement Amount before the Reimbursement Amount is reduced, the Developer shall reimburse the City for the reduction in the Reimbursement Amount withi DRAFT Letter of Acceptance shall be in a recordable form, and shall be a conclusive determination of satisfaction with respect to such Off -Site Infrastructure. Upon written request for a Letter of Acceptance, the City shall have 30 days after receipt thereof to provide a Letter of Acceptance or a written statement indicating in detail why the certificate cannot be issued, and what measures or acts will be necessary, in the reasonable opinion of the City citing applicable laws and ordinances to take or perform to obtain issuance of such Letter of Acceptance. If the City has not provided the Letter of Acceptance or such written statement within 30 days after receipt of the request, the Off -Site Infrastructure will be deemed accepted. The Developer will follow standard City rocedures and requirements applicable to all developers within the City with acceptance and to the tance of facilities by the City. The City shall have no obligation to issue such g p Letter of Acceptance and the presumption for acceptance of the Off -Site Infrastructure shall not p p a l until Developer delivers to the City an assignment of all warranties on the off -Site pp p Infrastructure and a complete and sealed set of "as built" plans for the Off -Site Infrastructure. (B) After the City issues its Letter of Acceptance and the Off -Site Infrastructure is , conveyed to the City, shall warranty the Off -Site Infrastructure for a period of one y y y car , thereafter , the City covenants to maintain, or cause to be maintained, the Off -Site Infrastructure in good condition and working order. After such conveyance to the City, the Developer shall never be obligated to maintain the Off -Site Infrastructure. Section 3.09 Easements and Iii • hts -of -way Relatin. to Off -Site Infrastructure. The Developer a provide all easements and rights-of-way related to drainage and roadways gr ees to p required from the Property a at no cost to the City. The City agrees to allow the use of its existing easements and rights-of-way related to drainage and roadways necessary to construct the Off- Site Infrastructure that are not part of the Property. In the event additional easements or rights- of-way are required for Off -Site Infrastructure, upon request of the Developer the city agrees to acquire such easements or rights-of-way, and the Developer agrees to reimburse the City for all q costs and expenses related to the obtaining of any such easements and rights -of -way related to drainage and roadways necessary to construct the Off -Site Infrastructure that are not a part of the Property and such reimbursed costs and expenses shall be included as an eligible Off -Site Infrastructure cost. If a delay in the construction of the Off -Site Infrastructure or the Project occurs because the City is unable to obtain such necessary easements and right -of -ways, or the City does not timely grant all permits or approvals necessary, the number of days associated with � yg p such delays shall increase the time period for the Developer's compliance with any date of performance required by this Agreement by the same number of days. ARTICLE IV PROJECT FINANCING AND FUNDING Section 4.01 Project inanc%ng. (A) The City hereby covenants and agrees upon the Effective Date of this Agreement to create a special fund (the "Reimbursement Fund" for the benefit of the Developer for the purpose of paying the Reimbursement Amount. The City shall fund the Reimbursement Fund through the term of this Agreement from the following sources and in the following manner: i) with respect to the portion of the Reimbursement Amount calculated based on the Property Tax 13 DRAFT Revenues, the City shall annually fund the Reimbursement Fund from any revenues available to the City in its General Fund in an amount equal to the Property Tax Revenues; and ii) with respect to the portion of the Reimbursement Amount calculated based on the Sales Tax Revenues, the City shall monthly fund the Reimbursement Fund in an amount equal to the Sales Tax Revenues from the Sales Tax Revenues. Although a porti DRAFT form of bond anticipation tion notes or other interim instruments providing for possible reissuance or Bonds to third parties at such time as market or other conditions allow. issuance of new LGC B p C (1) In the event that the LGC does not issue LGC Bonds, the LGC agrees that it will either (i) rr �ake cash pyrne • payments to the Developer for the Reimbursement Amount, but such in amount to the City Commitment (and such cash payments shall cash payments shall be limited rn t be made by the City or the LGC (or the Trustee at the written direction of the City and the LGC) time available for such purpose under this Agreement) or (ii) assign the at any Mme when cash is arlab City Commitment to a third party in order for that third party to issue a loan, City's �trrhttothe��ty�o�n to make such payments to the Developer for the Reimbursement Amount note or other obligation � but limited in amount to the City Commitment as provided herein. (2) ShoulShould the LGC not issue LGC Bonds, and make cash payments, such cash amount to the City Commitment, to the Developer for the payments shall be limited in y • described in paragraph (1) above, the Developer agrees to use the Reimbursement Amount as desc p �` p cash payments, or cause the payments cash ents to be used, solely for the purpose of i) with respect to p the Off-Site Infrastructure, reimbursing costs of the Off -Site Infrastructure in accordance with the terms of this Agreement a nd the Development Agreement, and ii) with respect to the On-Site to the Project. In connection with payments made to defray the Infrastructure, for costs relating J onstruction the Developer shall provide to the City and the LGC costs of Off-Site Infrastructure construction, p documenttron as to the actual costs of such Off -Site Infrastructure incurred and paid by the for and the payments f r such costs shall not exceed the actual costs incurred. In • remainder of the payments, if any, representing payments for On-Site connection with the ren�a�nde p y , Infrastructure expenses, the consideration for such payments shall be the Developers • Project in accordance with the terms of this Agreement and construction and completion of the � re of the Developer Development Agreement. Failure er to observe the foregoing covenants shall p constitute a default hereunder. (D) IT IS INTENDED BY THE PARTIES HERETO, THAT THE LGC BONDS WILL BE SPECIAL, LIMITED OBLIGATIONS OF THE LGC PAYABLE SOLELY AS PROVIDED HEREIN, NEITHER THE STATE, THE CITY, NOR ANY POLITICAL CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE SHALL BE OBLIGATED TO PAY THE BONDS OR OBLIGATIONS OR THE INTEREST THEREON AND THAT NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE, THE CITY OR AlsTY OTHER POLITICAL CORPORATION, SUBDIVISION, OR AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON SUCH BONDS OR OBLIGATIONS. (E) If any of the LGC Bonds are issued as tax exempt obligations, the City hereby covenants to the LGC that it will not take any action or fail to take any action that would the exclusion from gross income of interest on such LGC Bonds. (F) adversely affect t g T'he City agrees that it will not cause the LGC to be dissolved or otherwise cease • long as any LGC Bonds or other obligations remain outstanding to exist as corporate entity so g (i) if in the opinion of the financial advisor to the LGC or the City the credit rating on the � outstanding LGC Bonds or other obligations would be lowered as a result of such dissolution or g DRAFT (li)without the written approval of any municipal n d insurer on any outstanding LGC Bonds or other obligations under thi DRAFT (E) The City shall determine the amount of the Sales Tax Revenues received each month by the City from the State Comptroller in cooperation with the Developer and the State Comptroller. The City and Developer agree to cooperate in any way necessary to receive information from the Comptroller necessary to determine the Sales Tax Revenue, including the filing or submittal of any forms or letters necessary to determine the incidence of local sales and use taxes. The City hereby agrees to deposit the Sales Tax Revenues portion of the City Commitment into the Reimbursement Fund, and hereby pledges such fund to the payment of the City Commitment as provided herein. The City Commitment shall be remitted to the LGC on or before the 1 5th day of each calendar month. The City designates this Agreement as a Revenue Sharin g Agreement, thereby entitling the City to request sales tax information from the Comptroller, pursuant to section 3213022, Texas Tax Code, as amended. Unless determined otherwise by the Texas Attorney General in writing, any information received relating to the City Sales Tax Revenue shall be considered confidential proprietary financial information not subject to immediate release to the public. The City shall seek a written opinion from the Texas Attorne y General, raising any applicable exception to release, prior to any release to a third --per under the Texas Public Information Act. (F) The City shall determine the amount of the Property Tax Revenues received annuall y by City b the Ci in cooperation with the Developer. The City hereby agrees to deposit from available funds in the City's General Fund an amount equal to the Property Tax Revenues into the Reimbursement Fund in accordance with Section 4.01 (A) of this Agreement, and hereby pledges es such fund to the payment of the City Commitment as provided herein. The City Commitment shall be remitted to the LGC on or before June 1 of each year. (G) The City shall maintain complete books and records showing deposits to and disbursements from the Reimbursement Fund, which books and records shall be deemed complete if kept in accordance with generally accepted accounting principles as applied to Texas l p municipalities. Such books and records shall be available for examination by the duly authorized officers lcers or agents of the Developer or the LGC during normal business hours upon request made not less than five business days prior to the date of such examination. The City shall maintain such books and records throughout the term of this Agreement and store the same for four years thereafter. ARTICLE V ADDITIONAL DUTIES AND RESPONSIBILITIES Section 5.01 Creation of Other Special Districts. Notwithstanding any provision herein r limin Agreement to the contrary, no bond or other obligation shall be issued that or�nthe Preliminary � will be by repayable or through the City Commitment until there is created a special district or other credit enhancement in order to provide additional revenues or payment guarantee to support the Debt Service on such bonds or other obligations. The Developer agrees to the creation of a public improvement district (" ") pursuant to Chapter 372 of Texas Local Government Code or other similar assessment mechanism (i.e., municipal management district) or other credit enhancement i DRAFT any the obligations marketable as provided in Section 4.01 above. The creation, method of assessment and administration of the PID or other mechanism shall be as proposed by the Developer, subject to approval by the City. Section 5.02 Preliminary A . reement, The Preliminary Agreement remains in full force and effect to the extent this Agreement or the Development Agreement does not set forth final terms for each term agreed to in the Preliminary Agreement. In the event and to the extent any term of this Agreement is found to be void, voidable or unenforceable by a change in law relating to the authority of the City or the LGC to enter into this Agreement and perform the City Commitment or by any interpretation, ruling, order, decree, decision or opinion by a court of competent jurisdiction or the Attorney General of the State of Texas, or by bond counsel or underwriter's counsel with respect to the LGC Bonds, with the result that the City Commitment is impaired or reduced in any way or amount, the City shall comply with the terms of the Preliminary Agreement to the extent necessary to effectuate an alternative agreement that allows for the City Commitment to be paid to the Developer on terms similar to this Agreement, including the creation of a tax increment reinvestment zone. To the extent the provisions of this Agreement conflict with the provisions of the Preliminary Agreement or the Development Agreement, the provisions of this Agreement shall control. Section 5.03 Amendment f Agr ement. Upon the request of the Developer, the City agrees to amend this Agreement to provide for any reasonable changes necessary to issue the LGC Bonds, or otherwise carry forth the intent of this Agreement. Section 5.04 Infrastructure of Other Entities. The City will cooperate with the Developer and encourage other public entities to take actions consistent with the development requirements of the fnf rastrneture including the Developer's receipt of permits from all government and quasi- governmental agencies for the construction of roads required for the Project. Developer acknowledges that the City will not request or encourage other public entities to take actions inconsistent with their adopted rules, policies or procedures. ARTICLE VI TERM of THE AGREEMENT AND OTHER OBLIGATIONS Section 6.01 Term and Termination. This Agreement shall have a term (the "Term") beginning on the Effective Date hereof and continuing for a period until the earlier to occur of: (a) twenty -five (25) years from the date of Completion, orb until any LGC Bonds issued pursuant to this Agreement are retired and all payments and obligations to the Developer hereunder have been performed (limited in amount and scope to the maximum City Commitment as set forth herein). This Agreement may be amended, supplemented, and extended by mutual agreement of the parties, but not in such manner as to impair the rights of the Owners (as defined in the Indenture) of LGC Bonds and other obligations issued hereunder by the LGC and secured by a pledge of the payments to be made by the City hereunder. The City agrees that it will not terminate this Agreement during its Term for any reason so long as any LGC Bonds or other obligations remain outstanding, except as otherwise provided in this Agreement. 18 DRAFT Section 6.02 Cony l tionJBonds an4OtherQbllgations , Subje ct to approval of the City p Council and the LGC Board of Directors, the City and the LGC (i) issue that the LGC shall ssue additional LGC contract revenue bonds payable solely as provided hereunder and other obligations may be necessary to pay the maximum City Commitment that cannot be funded with a first as � series of LGC Bonds and (ii) agree to enter into such additional supplements to this Agreement as shall from time to time be needed to provide for the payment of principal, interest and redemption price on such additional LGC Bonds and other obligati DRAFT delay of performance as a result of any of the foregoing "force majeure" events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a force majeure event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. ARTICLE VIII GENERAL Section 8.01 acyer*lity. If any provision of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction for any reason, such provision shall be fully severable, and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be construed and enforced as if such invalid or unenforceable provision had never comprised a part of this Agreement. Section 8.02 Indemnification. The Developer agrees to inder ni y, defend and hold the City, the LGC, and their respective council members, board members, officers, employees and agents, harmless from any actions, suits, liens, claims, damages, expenses, losses and liabilities (including reasonable attorneys .fees and expenses) arising from or in connecti on with its proceedings pursuant to this Agreement, which indemnity shall survive any termination of this Agreement. Section 8.03 Notice. Any notice or other communication required or permitted to be given pursuant to this Agreement shall be given to the other Party at the following address: If to the Developer: Crosstown Commons LLC 8645 West Franklin Road Boise, Idaho 83709 ATTN: Legal Department If to the City: mil a copy to: CBL & Associates Limited Partnership 2030 Hamilton Place Blvd, Ste, 500 Chattanooga, Tennessee 3742 1 -6000 ATTN: General Counsel w/ a copy to: John D. Bell Wood, Boykin & Wolter, P.C. 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78477 City of Corpus Christi 1201 Leopard Street (78401) P. D. Box 9277 Corpus Christi, Texas 78469 ATTN: City Manager 20 DRAFT w/ a copy to: if to the LGC: City of Corpus Christi 1201 Leopard Street (78401) R O. Box 9277 Corpus Christi, Texas 78469 ATTN: City Attorney Crosstown Commons Development Corporation 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: City Attorney Any such notice or communication shall be deemed given on the date so delivered or so ` ed in the mail, unless otherwise provided herein. Either Party may change the above deposit p in written notice of such change to the other Party in the manner provided address by sending g above. With the consent of the receiving Party, notice may be given by facsimile transmission or electronic mail. Section 8.04 Amendments and Waivers. Any provision of this Agreement may be waived or ` or ved if such amendment or waiver is in writing and is signed by the City and the Developer. Section 8.05 Successors and Asst ns. Except as provided in Article IV, no party shall have the right rights Agreement to assign its ri hts under this A or any interest herein, without the prior written consent Party except of the other Part t the Developer may assign its rights and responsibilities p he r under related, affiliated or subsi DRAFT Section 8.07 Construction. This Agreement is a contract made under and shall be construed in accordance with and governed by the laws of the United States of America and the State of Texas, excluding conflicts of laws, as such laws are now in effect. Venue for any action arising under this Agreement shall lie in the state district courts of Nueces County, Texas. Section 8.08 Entire Agreement. This written Agreement represents the final agreement between the Parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the Parties. There are no unwritten oral agreements between the Parties. Section 8.09 Approval by the Pam. Whenever this Agreement requires or permits approval or consent to be hereafter given by either Party, the Parties agree that such approval or consent shall not be unreasonably withheld or delayed. Section 8.10 Additional Actions. The Parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications as aay be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. [EXECUTION PAGES FOLLOW] 22 DRAFT IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be duly executed as of the day of , 2007. CROSSTOWN COMMONS, LLC, CITY OF CORPUS CHRISTI, TEXAS A Texas limited liability company A Horne -rule municipal corporation By: Jeffery L. Hess, President George Noe, City Manager CROSSTOWN COMMONS DEVELOPMENT CORPORATION a Texas local government corporation By:_ Name: Title: AD U — 1 \ eor a 1L LS - 1 ITemp1FIF ►- 07-270-1 1 -15 D DRAFT sexa , lgspqo sntho Crosstown Commons - Exhibit A o cri co S a• s o 3 g CD C 3 • 0 a g• St O 5 a ° s a R. 0 cv g -• i R RIM at 3 a• * • _ 11 g 2 2 R. f ai• a ur C O 6D• . ct EXHIBIT A Project Conceptual Plan Greenwood Drive wul�ilu�wli 111#IIIIPII�1111 'LI OHM IMP WrzwnrarrowQ I la 011111ffilliREP t DRAFT EXHIBIT B INFRASTRUCTURE EXHIBIT 13 Crosstown Commons Infrastructure Project Costs mite Infrastructure Improvements Silverberry Entrance Road Improvements 178,250 Holly Road Widening 6,662,250 Coastal Crosstown Drive Improvements 3,149,000 SPID Frontage Road Turn Lane Improvements 117,500 Right Turn Lane at Greenwood 85,125 Re- Striping Crosstown Expressway Frontage Road 29,375 Traffic Signal at Holly RdNi tar Lara Ortega St 293,750 Traffic Signal at Holly ldlartin St 293,750 Traffic Signal at Greenwood Rd/Hala Pit Rd 293,750 Traffic Signal Interconnect 293,750 Site Perimeter Water Main Extensions 456,250 Storm Sewer Culvert Extension 1,363,000 Fight -of -way /Easement Acquisition 0 1,1 8,750 On -Site Major Roadway Infrastructure lmprover eats Roadway way Base and Paving 5,576,981 Storm Drainage 4,223,533 Detenhion Construction Allowance 1 023 260 $10,828,774 Orr -Site Additional Infrastructure Improvements Public Water Lines in Easements up to Meter 3,390,064 Public Sanitary Lines in Easements up to Tap Point 2,468,506 Additional Storm Drainage 7,621,716 Public Parking Facilities 10,586,414 Street Lighting 816,625 Landscaping 3,754,125 230 Pedestrian Hardscape- lifestyle Primary Electric Service 2,173,750 Fountainslvllater features - lifestyle 1,175,000 Street Median Landscaping 411,250 $34,233,680 Total $58,281204 * Note: Only a maximum $40,000,000 is payable to the developer. DRAFT EXHIBIT C Property Description Being 227.09 acres of land, more or less, out of Lots 3-6, Section A, Bohemian Colony Lands, Volume A, Page 48, Map Records of Nueces County, Texas; and a 3.00 acre tract of land out of Lot 2, Section 4, Bohemian Colony Lands, Volume A, 'Page 48, Map Records of Nueces County, Texas; and a replat of Lot 1, Block 9, Lexington Center, Volume 36, Page 42, Map Records of Nueces County, Texas; and a replat of Tracts A- B, Holly Road Industrial Tract, Volume 28, Page 40, Map ap Records of Nueces County, Texas; and a replat of Lot 1, Block 2, Holly Industrial Tract, Volume 61, Page 182, Map Records of Nue es County, Texas 14 AGENDA MEMORANDUM AGENDA ITEM: October 16, 2007 An ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement Between the City of Corpus Christi, Texas and the Board Of Regents of the Texas A &M University System for the Benefit of Texas A&M University- Corpus Christi relating to the conveyance of 140,39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. ISSUE: The Ward Island campus of Texas MN University- Corpus Christi is not sufficient for the future needs of the University. city - owned property near the intersection of Ennis Joslin Drive and Nile Drive, including South Guth Park, is well situated to provide additional campus space for the expansion of the University. The proposed ordinance authorizes the City Manager, or his designee, to execute the Declaration of Gift and Agreement Between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M University System for the Benefit of Texas A&M University - Corpus Christi relating to the conveyance of the 140.39 acres of land and authorizing the City Manager or his designee to take further actions to effect the gift and conveyance. REQUIRED UIRED CON CI L ACTION: Adoption of the proposed ordinance authorizing the City Manager, or his designee, to execute the Declaration of Gift and Agreement Between the City of Corpus Christi, Texas and the Board of Regents of the Texas Al University System for the Benefit of Texas A&M University-Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park, and authorizing the City Manager to take all further actions to effect the gift and conveyance. RECOMMENDATION: Staff recommends approval of the proposed resolution. Mary Fisc City Att• rney Aftachment: Exhibit Diagram of property proposed for conveyance to Texas A &M H:1LE -DI \ hared\ r la endal2OO7 10 -1 'Age[ m A&M ift.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Resolution Texas A&M University- Corpus Christi has experienced growth that has occupied virtually all of the developable land on Ward Island. The projections indicate that the University will continue to grow. In order to accommodate the current and future needs of the University, additional land is required for the expansion of failities and the relocation of non - academic facilities to allow the highest and best use of the limited land on Ward Island. The University is a significant economic engine in the community. It is estimated that every 1 ,000 students at the University has a direct impact of $23 million annually. The University has conducted an extensive review of areas for potential campus expansion and found that the majority of the adjacent areas have developed and are impractical for consideration for expansion. As a result, the University desires to expand to land that is close to the present campus on Ward Island. City and University staff have identified land that belongs to the City near the intersection of Ennis J slin Drive and Nile Drive. The land includes land currently used for a drainage way, a buffer zone forthe 050 Wastewater Treatment Plant, and South Guth Park. The City has been in discussions with the University over the land required for the expansion of the University and staff believes that a conveyance of the land can be negotiated with the University, while providing for the continued drainage of the watershed that utilizes the drainage way, preserving the required buffer zone for the wastewater treatment plant, and providing new and alternate athletic fields for the leagues that currently use the facilities at South Guth Park. On August 21, 2007, City Council directed staff to provide notice of and schedule a public hearing on the change in use of the parkland, pursuant to Texas Parks and Wildlife Code, Chapter 26. Notice of the public hearing was published in The Co,p s Christi Caller -Times on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007. The public hearing was conducted during the City Council meeting on September 25, 2007. At that time, City Council adopted Resolution No. 027432, in compliance with Section 26.001 of the Parks and Wildlife Code. After considering clearly enunciated local preferences, City Council found that there is no feasible and prudent alternative to the use of such land and that the program or project (the conversion from park t college campus) and found that the plan includes all reasonable planning to minimize harm to the land, as a park, resulting from the use of the property as a college campus. Plans have been made to relocate the recreational activities to other suitable sites with new facilities. A new neighborhood park for the area is planned. The proposed ordinance authorizes the City Manager to execute the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System for the Benefit of Texas A&M University-Corpus Christi and further authorizes the City Manager to take all further actions to effect the conveyance and transfer. The City Manager will not execute the Declaration of Gift and Agreement until the meters and bounds of the property and the desired easements are received. The Declaration of Gift and Agreement provides for the "gifting" of the property to the Texas A&M University System for use of the property for a public purpose related to higher education. The System will have used the property when funds have been appropriated for the construction of improvements, when actual construction of improvements occurs, or when the property is used for conducting research or educational activities in support of the educational mission and activities of the System. H:L gDirl haredlgw lagenda.l 007/10- 16 /ResA M iftagendamernoadd The Declaration f Gift and Agreement provides that if the System determines that it will no longer property for public purpose related to higher education, or if they decide to sell all or a use the � � � � portion of the property, erk the City will have a right of first refusal to repurchase that portion of the � property no longer t be used for higher educati n purposes for the value of the improvements that the System has constructed on that portion of the property. A method of valuation is established in the Declaration of Gift and Agreement. sa easements for the continuation of utility service and for the operation of the s The necessary Gift and Agreement provides for Wastewater Treatment Plant are reserved. The Declaration of Gift p relocation of such easements at the System's expense, upon approval of the City. The Declaration Gift and Agreement provides that the City will abandon and vacate that portion of Nile Drive that divides the property upon the request of the System. The Declaration ration of Gift and Agreement allows the leagues to continue to use of the park facilities for up to five years until the new facilities are completed and ready for league play. The y stem will pay all expenses of the closing of the gift transaction. H:LegDirl haredlgw lagerldal2007IiO -16/ sAMA iftagenda temoadd Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF GIFT AND AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM FOR THE BENEFIT OF TEXAS A &M UNIVERSiTY- CORPUS CHRISTI RELATING TO THE CONVEYANCE OF 140.39 ACRES OF LAND IN THE VICINITY OF ENNIS JOSL1N ROAD AND NILE DRIVE, INCLUDING SOUTH GOTH PARK; AND AUTHORIZING THE CITY MANAGER TO TAKE ALL FURTHER ACTIONS TO EFFECT THE GIFT AND CONVEYANCE WHEREAS, Texas A&M University- Corpus Christi (TAMS! -CC ) represents a significant asset to Corpus Christi and the region providing education and research that benefits the State of Texas and TAM -CC has established itself as a world -class institution attracting students locally, regionally, nationally, and internationally; and WHEREAS, TAMU -CC has become home to institutes such as the Conrad Blucher Institute and the Harte Research Institute for Gulf of Mexico Studies and because the benefits of research initiatives including the Early Childhood Education Center and the PULSE! Project distinguish this area and support the foundations for sustainable economic growth; and WHEREAS, TAMU -CC has a significant economic impact on our community with an estimated direct impact of $23 million annually for every 1000 students, and WHEREAS, growth in enrollment and facilities at TAM -CC will soon use up all the available space on the current Ward Island Campus site precluding additional growth and because the majority of adjacent areas have developed and are impractical for consideration for expansion, and WHEREAS, officials at TAMU -CC may have to cap enrollment if a site for campus expansion cannot be identified and secured, and WHEREAS, after extensive review of areas for potential campus expansion, the Texas A &M University System has expressed interest in acquiring certain city_ owned property along Ennis Jolin Drive, in the vicinity of Nile Drive, including the property designated and used as South Guth Park, and WHEREAS, research, education, and urban planning employed by TAMU CC supports sound ecological principles as demonstrated by the beauty and design of the campus; and H :\LEG DIRkShar dl aryslagendal2CO7 10 -1 \ord -TAMU- c -Gift Deed.doc Page 2 of 3 WHEREAS, the City CCouncil desires to further consider assisting the expansion of the TAMU -CC campus; and WHEREAS, pursuant to Chapter 26 of the Parks & Wildlife Code, the City r 25, tog held a public hearing to receive clearly Council on �epter�nbe � � p ' preferences concerning the conveyance of South Guth Park to enunciated local prfe iversit System for the expansion of the Texas AM the Texas A&M University y ` Christi campus and determined that no feasible and prudent University -Corpus � p ` existed prior to taking or using a public park for a non -park purpose, alternative p g ' held after three weekly notices of the public hearing first such public hearing h � . than 30 days prior to the public hearing, particularly on published not less t p Thursdy, August 30, 2007, Thursday, September 6, 200 7, and Thursday, September 13, 200 7, in The Corpus Christi Caller-Times. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: That the City Manager, or his designee, is authorized to execute SECTION 1. Tha t City • ` and Agreement between the City of Corpus Christi and the the Declaration of Gift g Board of Regents o f the Texas A&M University System for the benefit of Texas University-Corpus Christi related to the conveyance of 140.39 acres of land, � in vicinity Joslin Road and Nile Drive, including South Guth Park, � the v�c�n�ty of Ennis bounds descriptions delivery of the metes and tions of the property and desired F ri in the City Mana er, or his designee, to take all further aser�nens� and utho g • and conveyance. A copy of the Declaration of Gift and actions to effect the gift an y p Agreement is attached. SECT1ON 2. That upon written request of the Mayor or five Council members, p on � copy attached, the City Council finds and declares an emergency due to the ' action necessary for the efficient and effective administration need for immediate act�o ry p of City affairsand suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of October, 200 7. g enc y CITY OF CORPUS CHRISTI ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: October 10, 2007 Smith Assistant City Attorney For the city Attorney 1-1:\LEG-DIRkShared‘GarySlagenda12007\10-16‘Ord-TAMU-CC-Gift Deed.doc Page3of3 Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, F-inr Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper - Larry Eli undo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LE -DIF I h redl ry lag ndal 0 711 -1 I rd- TAl1A1J -DD -Gift Deed.doc DECLARATION OF GIFT AND AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE BOARD OF REGENTS OF THE 'TEXAS A &M UNIVERSITY SYSTEM FOR THE BENEFIT OF TEXAS A&M UNIVERSITY -- CORPUS CHRISTI The CITY OF CORPUS CHRISTI, TEXAS ("CORPUS CHRISTI") by this instninert (this " Agreenet " expressly declares s its intent to givgjft of real property to the e BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM CTAMUS") for the use and benefit of Texas A&M University-Corpus Christi. this dos any other oral or written declares that this Agreement s erse CORPUS CHRISTI d conditions of whether declarations, ions of donative intent, or limitations or ee�art�or�s, �nn�fett time regarding the sect of �� • CORPUS CHRISTI at any time regar written or oral made h NOTICE SCRIBED IN THIS ACRE ACCEPTANCE '� GIFT E � OF REGENTS �� ACTION oA IE UPON ACCEPTANCE ADOPTION AN CONDITIONED AND THE �IoT A&M UNIVERSITY AUTHORIZING OF THE TEXAS CORPUS CHRISTI, Ao CITY COUNCIL OF COR ORDINANCE '� IS NOT ACCEPTED PROPERTY. IF THE GIFT CONVEYANCE OF THE GIFT THE BOARD OF REGENTS ON OR E ORE JANUARY 1, 2008, THIS AGREEMENT E MENT SHALL AUTOMATICALLY TERMINATE AN NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT TO THE RIFT TO TERMINATE HAVE THE UNQU LIF1E CONTRARY, TAMUS SHALL GIVING NOTICE TO THIS AGREEMENT AT ANY TIME PRIOR TO CLOSING BY CORPUS CHRISTI. gift for the use and benefit of t to make a gift to TAMUS is CORPUS ���" specific intent absolute ownership of the It to vest all incidents of as University-Corpus ��orp Christi and in its sole Texas A&M the Board of Regents, S. CORPUS CHRISTI acknowledges ro ert in 1� Gift e and the timing of such use. p. control over the use of the Gift Prop discretion, shall have total ontro ,� public purpose related this t the term "use" is defined p For purposes of this Agree�nen � of funds for higher education. CORPUS CHRISTI acknowledges that appropriation etjn of such tlr� improvements, actual eor�tr portion thereof, �. eonsru p on the Gift Property, or any p and intermittent of research or educational activities to compliance conducting . • TiI�� constitutes copse p of the educational mission and activities o support for the Gift Property. TAM US with all conditions of conveyance Gift Prepared by o!'r= of Gem Counsel Gift from the City of Corpus Christi Legal Files M7.0014748 O O8/O7 -E 1 , dale of Gift Pro erg . Should the Board of Regents, at any point in the future and i onion the Gift Property will no longer used in its sole discretion, determine that all, or by TAMUS for a public purpose related to higher education, or the Board of Regents determines that it is State of Texas to sell all or a portion of the Gift � in the best interest of TAMUS and the Property, then CORPUS CHRISTI shall have a right-of-first refusal to purchase that portion Gift used TAMUS for a public purpose related to higher of the ��ft Property no longer being � .. • available for sale, under terms and conditions as provided in education or that will be made � this section. CORPUS CHRISTI shall have sixty days after receipt of written notice of such decision u oe related to higher education or such sale from to longer use the land for a public purpose � TAMUS, to accept the sale or purchase offer and shall notify TAMUS of its exercise to p urchase in writing within such period or CORPUS CHRISTI shall be deemed to not have exercised its right to pu rchase. If CORPUS CHRISTI exercises its right to it price, the value of the TAMUS i fair market value the Sale differ 11 If the two written opinions of the air TAMUS and CORPUS CHRISTI cannot agree on a by more than 1�� , and shall agree appraisals, then the two (2) appraisers sh sale �� supported tie app � . review Member of the Appraisal Institute, who will upon the selection of a third 11en�b p the two appraisal reports and render an opinion of value. . Gift Property, o a,n portion thereat, ` CORPUS CHRISTI to reacquire the The right and all terms and conditions on s set forth herein related thereto shall survive the Closing of the transaction contemplated herein. • containing total 140.39 acres land, This of real property consists of three tracts conta, • p �� Property") municipally as South Guth Park (41.91 more or less (collectively the Gi# Property' known munici 1 acres and the land surrounding the so wastewater 'preatr�nent Plant acres lie rev (2.1 shown on the • identified metes and bounds and (96.37 acres). The Gift Property � s ode record �� �� ct to hose matters o ent as Exhibit A. The gift will be subje attached this rcrn � and �� regn�e roved b TAMUS. CORPUS CHRJST listed in title commitment approved The parties have agreed exist for the acquisition o this Gift Property. T' that condemnation powers a related to higher and paramount public purpose � that the Gift Property is necessary to promote a param , tha p the purposes of this �greernent. is need to resort to litigation in respect to affecting no nee � there � City Council Ordinance authorizing conveyance o the CORPUS SCI CHRISTI City Council adopts an After the � a Gift Deed in the fora CORPUS CHRISTI will execute and deliver to TAMUS Gift Property, CoR less, consisting of South • " " this Agreement, for 13 8.28 acres, more or of Exhibit attached to The Nile Drive gift the so Wastewater Treatment Plant. i Guth Park and that land surrounding th will be made in accordance with Section 4.6 of this Agreement. TAMUS and CORPUS CHRISTI agree that easements shall be established for existing . � easement to the waste water treatment plant, as utility lines, existing drainage and an access ase for its � • �� �� retained in perpetuity by CORPUS described in Exhibit "C" attached shall be ret� l� that it • document. If ��� CHRISTI determines exclusive use in the Gift Deed conveyance notify easement CORPUS CHRISTI will promptly m y no ion longer has need one or more these � written g rnent and will release, by an appropriate TAMUS of its intent to abandon such easement(s) , TAB payment being required by or made easement(s) to TAMUS without any action or release, such TAMUS may, at its CORPUS CI CHRISTI further agree that on behalf of T���, TAMUS and access • - easements, the drainage easement and sole expense, relocate existing utility lines and ca to p � of CORPUS CHRISTI, which will not the waste water treatment plant, subject t the approval be unreasonably withheld. 2. In s tins and Site Assessment. At any time during the period beginning on the h e effective date of this Agreement an d continuing through the Closing Date ("Feasibility Period"), s and on the feasibility studies, tests, inspections, and examination TAMUS may conduct any gas Gift Property, which TAMUS considers necessary, including but not limited to: (a) stu .. onrnentai studies, �h�ch can include testing conditions and test borings, (b) envy Gift u substance in, on, or under the �� the presence of any toxic or other hazardous . for asbestos and � TAMUS also has the ` 'cal investigations, and (d) archeological investigations. Property, c istr� g and surveys, which at • studies, and any other studies, title searches, right to conduct wetland to ' T tires enter deems ��[�� m. necessary. TAMUS, its agents and represents sole discretion it dee � 3 Gift reasonable time prior to the Closing Date for the purpose of conducting the �� Property any resor�ab the above noted tests and exami hereafter defined) that: is claim affecting the Gift Property �s no action, suit, proceeding Gift 4.1 use or occupancy the � eof nor relating to the ownership, operate any portion thereof thr�t or governmental pending or threatened by or before any instrimental ity. 4.2 • of the Gift Property is the its best knowledge and belief, no portion domain proceeding, or any actual subject of any or p roposed condemnation or eminent other litigati • showing that no ad valorem taxes are due and 6.1.E Tax certification shore owing against the Gift Property; 6.1 6.1.3 Sole and exclusive possession of the Gift Property, subject to Section 4.6 and the lease provision in Section 6.3 below. the authority and capacity of the person(s) . � . r� Such evidence � of executing the closing documents on behalf of CORPUS CHRISTI as TAMUS or its counsel may reasonably require. 6.2 A►1IU'S shall deliver to CORPUS CHRISTI such evidence of the authority and capacity of TAMUS S and its representatives as CORPUS CHRISTI or its counsel may reasonably require. 6.3 TAMUS will lease to CORPUS CHRISTI the baseball fields in South be for five years, with consideration being One Guth Park. The term of the lease will , Dollar ($1.00) per year. Bather C R S CHRISTI or AMUS may terminate the Lease by . the other party. CORPUS CHRISTI will be vin a one (1) year written notice to tai � g , . • and will indemnify to the extent responsible far all costs to operate these facilities , allowed by the Constitution and laws of the State of Texas and without waiving any � exemption from liability or limitations of liability or wi ll require ric all sports leagues using d for any an insurance policy with TAMUS being a named insure the fields to provide a � y 1rabilrty resulting from use of the Gift Property for this purpose. CORPUS CHRISTI improvements from the site; however, any improvements that remain on may remove any the site upon the exp iration of the lease will be the property of TAWS. es. TAMUS shall pay or cause to be paid all closing costs. 7. xpen._� p 8. No ' Notices. Any notice required or permitted under this Agreement must be in ' (whether actuall received or note when deposited writin and shall be deemed to be delivered writing, � - certified mail, return receipt requested, with the United States Postal Service, postage prepaid, , ' at the address set out below. Notice may also be given and addressed to the intended recipient other ' courier delivery, facsimile transmission, email or o by regular mail, personal defer, �� and • will be effective when actually received. TAMUS an commercially reasonably means and p change their respective CORPUS CHRISTI notice address by sending to the other party CHRISTI can notice of the new address. Notices should be addressed as follows: If to CORPUS CHRISTI: George K. Noe City Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Tel. 361- 880 -3220 Fax 361 -880 -3839 If to TAMUS: Dr. Flavius C. Killebrew 6 :r Dfr/ & s „ 1 ifiAg CO7 2D With a copy to: President Texas X1 1 University-Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 Tel. 361-825-2621 Fax. 361- 825 -5810 Associate Vice Chancellor for Real Estate System Real Estate Office ' The Texas A80/1 University System System tern Building, Suite 1281 200 Technology Way Colleg e Station, Texas 77845 -3424 Tel. 979 - 458 -6350 Fax. 979-458-6359 9, Miscellaneous, Venue: The validity of this Agreement and all ,1 �oernrn Lar and f to, matters of including but not l��ted pertaining to this Agreement, � duties, and matters remedies, procedures, rights, � non-performance, breach, rerr� � I ' ution and performance, and determined by the �or�stit • nstnictiorl, shall be governed interpretation or �: is performable in lueces County, 'es. Texas. This Agreement rs pero . the laws of the State of'�e for suit filed against • Education Code, venue fo any Pursuant to Section 85.18, chief executive officer in which the primary office of the �'��3� shall be rn the county in of TAMS is located. • singular number is used, it includes the �ra�nt�ca�. Whenever the �x .� - feminine and neuter gender. plural, and the masculine gender includes the few • Headings are for reference only and 9.3 will not be construed to � Ica � ` the provisions of this ercr�t, limit or alter the meaning o constitutes the entire green�er�t Entire eernent. This Agreement co b ,4 ntr modified, or contradicted by between and among the parties and will not be explained, any prior or contemporaneous negotiations, representations, or agreements, either written bs uent �nuull agreed to, or oral. This Agreement can be amended only by a su e written instrument. representations, warranties, covenants, ivl o covenants. Any of the in 9.5 �u� � benefits of the parties, pertaining es as well as any rights and and agreements of the parties, � will not merged. vein Closing will survive Closing and a period of time following p nd. This Agreement is binding upon and inures to the benefit Tartae ou► _ � legal representatives, • - heirs, executors, administrators, g o the parties and their respective , 7 successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). 9.7 Savin flaxse, If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby. 9.8 party signs. Effective Date. The Effective Date of this Agreement is the date the last 9.9 Q2untppgr,t __Execution. This Agreement may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. 9.10 Further Acts. In addition to the acts recited in this Agreement to be performed by each party, each party agrees to perform or cause to be performed at the p p y Closing or after the Closing any and all such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. 9.11 Ti!. Time is of the essence in this Agreement. EXECUTED this the day of 2007 by CORPUS CHRISTI. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: veigi Mary K ► Fis City Attorney "CORPUS CHRISTI" CITY OF CORPUS CHRISTI, TEXAS By: - -- - GEORGE K. NOE City Manager The gift described in this Agreement is acknowledged by TAMS subject to acceptance of this gift by the Board of Regents and compliance with the policies, regulations, and procedures of TAMS. H: Dir/g slP t k/OiAAgr O7o 2O EXECUTED this _ day of - , 2007 by TAMUS. RECOMMEND ACCEPTANCE: JAY KIMBROUGH Deputy Chancellor and General Counsel The Texas A&M University System FLAVIUS C. KILLEBREW President Texas A &M University- Corpus Christi DAN K. BUC LY Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A&M University System APPROVED AS TO `ORM: EDDIE D. G SE, ID. "TAMUS" BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM for the use and benefit of Texas A&M University-Corpus Christi B: _. MICHAEL D. MCKINNEY, M. D. Chancellor The Texas A &M University System 9 Assistant General Counsel Office of General Counsel The Texas A&M University System 10 f: Dirigwa r ut ar a o7o92O EXHIBIT "A" FIELD NOTE DESCRIPTION OF_ THE Gg'T PROPERTY [TO BE INSERTED LATER] 11 1:L Dirlgws P RI CuthParkf iflAgr C47Q920 EXIIIBIT "B" FORM OF GIFT DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER E1 OR YOUR DRIVER'S LICENSE NUMBER. ER. GWF DEED STATE OF TEXAS COUNTY OF NUECES The CITY CORPUS CHRISTI, TEXAS ("CORPUS CHRISTI"), in uprt and Christi, GIVES, GRANTS, and CONFIRMS unto furtherance o Teas A&M University-Corpus the oRD of REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM ("TAMUS"), Christi, the following described real for the use and benefit of Texas A M University-Corpus property ir Nueces County, �, Texas the ` �f Iro a and being described on Exhibit "A" attached to this Gift Deed and made a part for all purposes. this CHRISTI and accepted TAMUS subject to the Further, this gift is made by CORPUS � � following reservations and covenants: I. This conveyance is made • sub • ect to all reservations, covenants, restrictions, � easements, rights-of-way, and other matters affecting the Gift Property of record in ueces County, Texas, or apparent on the ground. �n the Real Property Records of1I or include any oil 2. This conveyance � , g as and other minerals in and does not cover under the Gift Property (except water rock, stone, sand and gravel and any mineral rials • provided, however, CORPUS CHRISTI, its �neral content of such materials); representatives • , assigns, lessees, and successors in title will have no right to and drill engage in an will never enter, explore, or g g any operations of any kind upon the 12 Gift Property development or recovery of such oil, surface of the Gift for discovery, de gas or other minerals. 3. it the intent TAMUS to use � CORPUS CHRISTI r TAMUS agree t rs and activities of Texas A&M Gift Property to support the educational miss University-Corpus Christi. CORPUS CHRISTI acknowledges appropriation of finds for • construction improvements, actual constructions and intermittent conducting of research or ed ucational activities on the Gift Property, or any �� ith all conditions o portion thereof, constitutes compliance T conveyance for the Gift Property. 4. TAMU and CORPUS CHRISTI agree that casements for the existing utiliti Get Deed as Exhibit "C" attached to this Gift Deed and made a part for all purposes. 6. In the event CORPUS CHRISTI elects not to purchase such property, and the property, TAMS agrees to pay to CORPUS CHRISTI the TAMUS sells y, fair market a lue of the land at the time of the sale as determined in the appraisal procedure established on page 2 of the Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents &M University System for the benefit of Texas &M of the Texas y Christi, a copy of which is attached to this Gift Deed as University-Corpus � Exhibit "C" attached to this Gift Deed and made a part for all purposes. TO HAVE AND TO HOLD the above described Gift Property, together with all and singular the fights and appurtenances therein and anywise belonging to TAI I S, its successors and assigns � forever, and CORPUS CHRISTI hereby binds itself, its successors and assigns, to warrant and y singular the Gift Property to TAMS, its successors and assigns, against forever defend all and s�ngn y every person whomsoever lawfully claiming, or to claim the same or any part of the Gift Property. EXECUTED this the day f � o 20_ by CORPUS CHRISTI. ATTEST: "CORPUS CHRISTI" CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED AS TO FORM: By: GEORGE K. NOE City Manager Mary Kay Fischer City Attorney Agreement is acknowledged by TATS, subject to acceptance of this The gift described in this Agre y Regents and the gift's compliance with the policies, regulations, and gift by the Board of Sege g p procedures of TAMS. 14 EXECUTED this day of 2007 by TS. "'TAMS" BOARD of REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM for the use and benefit of Texas A&M University-Corpus Christi Dy: MICHAEL D. M II1 1 Y, M.D. Chancellor The Texas A&M University System RECOMMEND ACCEPTANCE: JAY KIMBROUGH Deputy Chancellor and General Counsel The Texas A&M University System iLi'ius C. KILLEBREW President • Texas A &M University-Corpus Christi DAN K. BUCHLY Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A &M University System APPROVED AS TO FORM: EDDIE D. GOSE, J.D. Assistant General Counsel Office of General Counsel The Texas A &M University System 15 STATE OF TEXAS COUNTY of NUECES ACKNOWLEDGEMENTS s BEFORE ME, the undersigned authority, a Notary Public in and for the City of Corpus Christi, State of Texas, on this day ersonal appeared GEORGE K. NOE, City Manager for the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged ed to me that he executed it for the purposes and consideration Herein expressed, and in the capacity therein stated. GWEN UNDER MY HAND AND SEAL OF OFFICE this day of 2007. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this da y appeared a eared MICHAEL D. MCKINNEY, M.D., Chancellor for The Texas AcM University stem known to me to be the person whose name is subscribed to the instrument and acknowledged to me that he executed it as the act and deed of the foregoing Board of Regents of The Texas A &M University System, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2007. Notary Public, State of Texas My Commi GRANTEE'S ADDRESS: Associate Vice Chancellor for Real Estate A&M System Building 200 Technology Way, Suite 1281 College Station, Texas 77845 -3424 17 EXHIBIT "B" FIELD NOTE DESCRIPTIONS OF THOSE EASEMENTS BEING RETAINED BY THE CITY OF CORPUS CHRISTI AT CLOSING TO BE MORE ACCURATELY DETERMINED IN THE SURVEY OF THE PROPERTY BY TAMUS. [TO BE INSERTED LATER] 18 Ii: L. agDidgws /P&R/SGuthPark/GiftAgrCC0709 0 Corpus Christi Bay SI TE Oao Bay • TEXAS A&M - CORPUS CHRISTI . PRELIMINARY TRACT ACREAGES TRACT 1 4191 ACRES TRACT 2 2.11 ACRES TRACT 3 96.37 ACRES TOTAL 10.39 -621.5 CSO WASTEWATER TREATMENT PLANT • TRACT 4 30.25 ACRES • SURVEYOR NOTES LOOM BOUIVARY • 5/8• IRON R00 SET 510p jc:nRON R� 7041111 CONRAD 1 INSTITUTE FOR SURVEYING; MD SCIENCE BRASS CAP 4. TX MCNU 4700 BEARING BASE 1S STATE PLANE COORDINATES NADU TEAS SOUTH ZONE 4205 DEIERMINED YlTh NOS OPUS Cti APRIL 30, 2007, UNDERGROUND UTILITY LINES AS SHOWN MOM DMA RETRIEVED FROM THE aTY OF CORPUS aos GIS IAN, SM. 6/104012=20-tininatARE ZIEWEIZ MA= alreaSEEA1§16a3 FEMA ZONE A 15 (EL 9) SCALED FR COA PCt•thIM4ELLINITY-L121.5NUIAI3ER 465484 0304 C IAAP mow iNsuRANCE RATE MAP (Mg OF REvisED: y 1955 THE NATIONAL moo INSURANCE MAU an' OF CORPUS CHRIST, TEXAS PANEL 303 OF 405 NUECES AND KLEBERO CCI.IN11ES COMMUNITY-PANEL mumps 485484 0303 C MAP REVISED: JULY 14 1955. 15 cITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 16, 2007 AGENDA DA ITEM: Resolution authorizing the City Manager to execute an interlocal agreement with the Port of Corpus Christi Authority of Nueces County, Texas CPCCA") for the removal of the Tule Lake Lift Bridge ISSUE: The vertical lift bridge across the Tule Lake Channel in the Inner Harbor of the Port of Corpus Christi "the Bridge") is owned by the City of Corpus Christi ("the City"), and has been operated by PCCA since October 1, 1 998, pursuant to an agreement between the City, Nueces County and PCCA. In September, 2006, the Bridge was closed to road traffic and on September 29, 2007, the Bridge was closed to rail traffic due to increased safety concerns. Fulton Corridor provides a replacement route for rail traffic. The Bridge has deteriorated to the point that operations are no longer feasible or safe. The PCCA has recommended the Bridge be permanently closed and removed. REQUIRED COUNCIL ACTION: The City Council's adoption of this resolution is necessary for the City to allow PCCA to move forward with removal of the Tule Lake Lift Bridge. The PCCA will pay 100% of the cost of removal of the Bridge as compensation to the City for its conveyance of the Bridge. Removal cost is estimated to be between $3o and $4.O million. The City will not be responsible for making any cash payment to the PCCA or any Contractor responsible for the demolition or removal of the Bridge. PREVIOUS COUNCIL ACTION: On September 19, 2006, the PCCA provided a briefing to City Council on the condition of the bridge and the need to close it to road traffic. On October 9, 2007, the PCCA provided a presentation on the status of the Bridge and recommendation of PCCA to remove the Bridge. CONCLUSION AND RECOMMENDATION: : Adoption of the proposed resolution is recommended. Exhibit A: Exhibit B: Background Information Site Location 1 4007 gel R. Escobar, P.E. Director of Engineering Services BACKGROUND INFORMATION The vertical lift bridge across the Tule Lake Channel in the Inner Harbor of the Port of Corpus Christi "the Bridge" is owned by the City of Corpus Christi ("the City"), and has been operated by PCCA since October 1, 1998, pursuant to an agreement between the City, Nueces es county and PCCA. In September, 2006, the Bridge was closed to road traffic and on September 29, 2007, the Bridge was closed to rail traffic due to increased safety concerns. The Bridge previously provided the only means of access to the north side of the channel for railroads. Completion of the Fulton Corridor now provides a replacement route for rail traffic. The Bridge has deteriorated to the point that operations are no longer feasible or safe. Removal of the Tule Lift Bridge is essential to ensure continued operations of refineries and port operations. Failure to remove the bridge could result in catostrophic failure blocking navigation. Such a failure would have immense economic impact on the local community and nation. Port Industries of Corpus Christi supports closure and removal of the Bridge. The PCCA has recommended the Bridge be permanently closed and removed. The City Council's adoption of this resolution is necessary for the City to convey title to the Bridge to PCCA. This will allow PCCA to move forward with removal of the Tule Lake Lift Bridge. Exh i bit Page 2 of File : Mr et nilxibis hTl e.dwg LOCATION MAP NOT TO SCALE N REMOVAL OF TULE LAKE LIFT BRIDGE cm( COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 = - - ! M - DATE: 10-10-2007 INTERLOCAL AGREEMENT FOR REMOVAL OF THE TULE LAKE LIFT BRIDGE This AGREEMENT ("Agreement") is made and entered into pursuant to the Interlocal Cooperation Act (Tex. Gov't Code, Ch. 791) by and between CITY OF CORPUS CHRISTI, acting herein by its City Manager, duly authorized by action of its City Council (the "City"), and PORT OF CORPUS CHRISTI AUTHORITY RITY F I U C S COUNT Y, TEXAS "PCCA"), acting herein by its Executive Director, duly authorized by its Port Commission ("the Port Commission"). The City and PCCA are collectively referred to herein as the "Parties." RECITALS WHEREAS, the vertical lift bridge across the Tule Lake Channel in the inner Harbor of the Port of Corpus Christi ("the Bridge") is owned by the City, and has been operated since October 1, 1998, by PCCA pursuant to an agreement between the City, Nueces County, and PCCA entered into on or about February 23, 1998 (the "Operating Agreement"); and WHEREAS, the Port Commission believes that continued operation of the Bridge presents an unacceptable safety risk to persons, vehicles, railcars, and vessels passing over and under the lift span of the Bridge (the "Lift Span"); and WHEREAS, the Port Commission also believes that continued operation of the Bridge is likely to result in the Lift Span becoming an unreasonable obstruction to navigation of the Inner Harbor of the Corpus Christi Ship Channel (the "Inner Harbor") west of the Bridge; and WHEREAS, the Joe Fulton International Trade Corridor (the "Fulton Corridor") will provide railroad and vehicular access to the north side of the Inner Harbor; and WHEREAS, rail access to the north side of the Inner Harbor is now avai 1. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which PCCA will remove the Bridge. This Agreement is not intended to and shall not create a joint enterprise between the City and PCCA. The Parties are undertaking governmental functions under this Agreement and the purpose of the Agreement is solely to further the public good, rather than any pecuniary or proprietary purpose. The Party undertaking work under this Agreement shall at all times have a superior ri instrument acknowledging that such vesting of title has occurred, but such instrument shall not be necessary to effect the automatic vesting of title, which shall occur as described above. 6. Nct City NNg_ations. PCCA acknowledges and agrees that the City has not assumed any responsibility for the Lift Bridge Removal Project. City agrees, however, that it will cooperate with PCCA in the Lift Bridge Removal Project if asked to do so and if such cooperation does not involve a financial commitment by the City. 7. ngoing_l iaintenance. PCCA will retain financial responsibility for maintenance (but not operation or repair) of the Bridge under the Operating Agreement until the Lift Bridge is removed. 8. Indemnification. PCCA shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from 1 PCCA's performance of its obligations under this Agreement, or (ii) any accident that may occur in connection with the dismantling, demolition, or physical removal of the Lift Bridge, In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and PCCA, PCCA shall defend the same at its sole cost and expense and, if final judgment be rendered against the City or its elected officials, officers, agents or employees, or jointly against the City and PCCA and their respective elected officials, officers, agents or employees, PCCA shall satisfy same. In executing this Agreement, PCCA does not assume liability or responsibility for or in any way release the City from any liability or responsibility, which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. 9. A _ rcment not for Benefit of Third Parties. This Agreement is made for the exclusive benefit of City and PCCA, and not for the benefit of any third party or parties. 10. Governing _Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, and it shall be performable in Nueces County, Texas. 11. Severabiliky. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Agreement, for it is the intent of the Parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 12. Successors. This Agreement shall be binding upon and shall inure to the benefit of the Parties, their successors and permitted assigns. 222838 148.25395 3 H:\F B\Lif Bridgellnterlocal Agent for I emoval.DOC 10/8 /2007 13. Amendments and Copies. No amendments, modifications or other changes to this Agreement shall be valid or effective without the written consent of the Parties. This Agreement may be executed in multiple copies, each having equal force and effect of an original. 14. Effective Date. This Agreement is effective when it is signed by both Parties, after authorization by each Party's respective governing body. Approved as to form: B . Ga W. Assistant City Attorney For Ctty Attorney 222838 148.25395 CITY OF CORPUS CHRISTI By: - - George J. Noe - City Manager Date: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS : A ill Jo :. .'u. Date: Executive Director OCT 0 9 7007 4 wA/07 H:TCB Lif Bridge\Interlocal Agmt for Removal.DOC 10/8/2007 Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS, FOR THE REMOVAL OF THE TOLE LAKE LIFT BRIDGE WHEREAS, the vertical lift bridge across Tule Lake Channel in the Inner Harbor of the Port of Corpus Christi is owned by the City of Corpus Christi; and WHEREAS, in September, 2006, the Bridge was closed to road traffic and on September 29, 200 7, the Bridge was closed to rail traffic due to increased safety concerns; and WHEREAS, the Fulton Corridor now provides a replacement route for rail traffic; and WHEREAS, Port Industries of Corpus Christi supports closure and removal of the Bridge and the Port of Corpus Christi Authority of Nueces County, Texas, has recommended that the Bridge be permanently closed and removed; and WHEREAS, as consideration of the City's conveyance of the Bridge to the Port of Corpus Christi Authority of Nueces County, Texas, the Port of Corpus Christi Authority of Nueces County, Texas, will pay 1 00% of the cost for demolition and removal of the Bridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is authorized to execute an interlocal agreement between the City of Corpus Christi and the Port of Corpus Christi Authority of Nueces County, Texas, for the removal of the Tule Lake Lift Bridge. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: October 9, 2007 1 I,i, air Mary K." -is a City Att m e y Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Page 2 of 2 16 c1TY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 16, 2007 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $507,000 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2007— 2008, Contract Period September 1, 2007 through August 31, 2008. B. Ordinance appropriating 507,000 from the Texas Department of Family and Protective Services in the 11.100 Community Youth Development fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2007-2008 contract period September 1, 2007- August 31, 2008 and declaring an emergency. C. Motion authorizing the City Manager, or his designee, to execute a subcontract with the Boys & Girls Club of Corpus Christi in the amount of $54,100.00 to provide services for youth ages 6 to 17 in the 78415 Zip Code. D. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $176,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. E. Motion authorizing the City Manager, or his designee, to execute a subcontract with Planned Parenthood of South Texas in the amount of $26,651.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. F. Motion authorizing the City Manager, or his designee, to execute a subcontract with the YMCA of Corpus Christi in the amount of $38,188.00 to provide services for youth ages 14- 17 in the 78415 Zip Code. G. Motion authorizing the City Manager, or his designee, to execute a subcontract with YWCA of Corpus Christi in the amount of $49,09500 to provide services for girls in the 4th , 5th & 6th grades in the 78415 Zip Code. H. Motion authorizing the City Manager, or his designee, to execute a subcontract with Youth Odyssey in the amount of $31,838.00 to provide services for youth ages 12 to 17 in the 78415 Zip Code. 1. Motion authorizing the City Manager, or his designee, to execute a subcontract with Parks and Recreation "Teen Trekkers" Program in the amount of $27,828.00 to provide services for youth ages 13 to 17 in the 78415 Zip Code. ISSUE: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYO) Program in various cities throughout the State. The City of Corpus Christi has been allocated $507,000 in program funds for Fiscal Year 2007 — 2008, Contract Period September 1, 2007 through August 31, 2008, to be used in the 78415 Zip Code area. REQUIRED COUNCIL ACTION: Acceptance of federal grants and contracts in excess of $15,000 require Council approval. PREVIOUS COUNCIL ACTION: On June 26, 2007 Council approved a resolution for the City Manager or his designee to submit a grant application in the amount of $500,000 FUNDING: This is a State funded grant, and the source of funding is from fund 1060. CONCLUSION AND RECOMMENDATION: The Community Youth Development Steering Committee and DFPS and Parks and Recreation recommended approval of $507,000 CYD Program as presented for Fiscal Year 2007 — 2008, Contract Period September 1, 2007 through August 31, 2008 Sally G Parks Attachments: Background Information , Director ecreation Department BACKGROUND INFORMATION On May 27, 1 997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the 78415 Community Youth Development CYD Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the CYD Program, and executed a contract with DPRS. The City Council also passed a resolution (#022988) establishing the CYD Steering Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. In 1998, DPRS developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. Currently fifteen zip codes in 14 cities are designated as CYD service areas. The program sought to create activities that were not currently available within the local 78415 Zip Code area. These activities were made available to youth ages 5-17. Eligible activities must fall within the following categories: mentoring, activities, employment, education, and/or youth leadership. In order to meet DPRS (now called Texas Department of Family and Protective Services — DFPS guidelines, a mentoring and youth leadership component must be part of the overall 78415 CYD Program's Plan of Operation. Since its inception, the CYD Program has served the 78415 Zip Code area through a number of service providers. These would include Boys & Girls Club, Communities In Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Corpus Christi Teen Court, Paisano Girl Scout Council, Park & Recreation Department, Youth Odyssey, YMCA, and YWCA. Purchased Community Youth Develowent (CYD) Services Contract Contractor Name: City offorpus Christi Contract : 233621 Renewal #: EYO8-AM03 The Teas Department of Family and Protective Services, hereinafter referred to as the Department, and the gbf of Corpus ehri tit hereinafter referred to as the Contractor, entered into a contract effective i larch Q1 o for the purpose of providing Communit _ Youth D velopm It services with a payment type of Cost Reimbursement. This contract has been renewed 1 time previously. The contract dated March 0_1_2006 and all prior amendments and renewals are referred to herein as the "Original Contract." The procurement # FP- 2 99-001-PEt, which resulted in this contract, anticipated possible renewals and amendments of the contract, and no additional procurement process is necessary before entering into this renewal. The Department and the Contractor agree to amend the contract as follows: I. Budget. The Budget for Purchase of Service Contracts (Form 2030) and Budget Narrative included in the Original Contract as an attachment are hereby deleted and the Form 2030 and Budget Narrative attached hereto are substituted for same. 11. Renewal Period, Section X11 of the Original Contract is amended to include: September 1, 2007 through u 31 2008. 111. Section V. B. of the Original Contract is deleted in its entirety and the following provision substituted for same: Amount of Payment. The Department shall pay the Contractor up to $507,000 from available funds for services rendered in accordance with the terms of this contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department. if program income accrues, the Contractor shall return to the Department any income that exceeds actual costs incurred for services rendered under contract. in no event shall payments exceed the Contractor's actual reasonable, necessary and allowable costs to provide services under this contract budget. I. Section V. 1. of the Original Contract is deleted in its entirety and the following provision substituted for same: Regulation Compliance. The Contractor shall remain in compliance with 45 CFR, Part 74 as applicable, Office of Management and Budget (OMB) Circulars A -110, A -21, A-87 and A -122 as applicable, and 40 Texas Administrative Code (TAC) § §732.240 -256 as applicable. Further, all contractors that are subrecipients and that are state or local government entities, or are funded with federal block grants, are required to comply with the Uniform Grant Management Standards (UGMS), as applicable. School districts, colleges and universities, and special districts are excluded from UGMS compliance requirements. In the event of any conflict or contradiction between or among the regulations referenced in this contract term, the regulations shall control in the following order of precedence: 45 CFR, Part 74; OMB Circulars A-110, A-87, A -21 and A -122; UGMS; and 40 TAC § §732.240 -256. Section V. N. of the Original Contract 2282A is deleted in its entirety and the following provision substituted for same (does not apply to original Contract 2282BX -- Governmental Entities): Insurance. 1. The Contractor shall provide insurance for direct delivery of services under this Contract. The Contractor shall obtain and furnish proof of the following bonding and insurance coverage within forty - eight (48) hours of the award of the Contract or at such other time as may be specified by the Department. The required coverages are: i. Dishonesty bonding under a commercial crime policy or business services bonding, at a ten thousand dollar ($10,000.00) minimum; and ii. Commercial General Liability Coverage at a three hundred thousand dollar ($300,000) minimum for each occurrence limit, and six hundred thousand dollar ($600,000) minimum aggregate limit. The Department shall be provided with ample written notice of policy or bond cancellation or material change in the policy or bond. 2. The Contractor shall purchase coverage with insurance companies or carriers rated for financial purposes "B" or higher whose policies cover risks located in the State of Texas. All bonds, policies, and coverage shall be maintained during the entire term of contract. 3. In the event the Contractor is unable to comply with subsection 1, above, the Contractor shall provide the Contract Manager with two written denial letters from different insurance companies evidencing the Contractor's attempts to obtain and inability to obtain the requisite insurance. The Contractor shall provide this information to the Contract Manager within ten 10 days of the award of the Contract. L The Contractor shall also attempt to obtain the insurance required in subsection 1, above, on an annual basis. If the Contractor is not able to obtain insurance, the Contractor shall provide the Contract Manager with the documentation required in subsection 3, above, to demonstrate the Contractor's compliance with this section. 4. All required insurance policies shall include an endorsement stating that the Department shall be given thirty (30) calendar days written notice of policy or bond cancellation or a material change in the policy or bond. 5. The Department may waive all or part of this insurance requirement at its discretion. VI. Section VI of the Original Contract is deleted in its entirety and the following provision substituted for same: A. The Contractor is required to submit quarterly reports and an annual year-end report timely and accurately. The quarterly reports will be submitted to the Department due by the 15th day after the end of each quarter. The annual year -end report will be submitted to the Department no later than 45 days after the end of the fiscal year. Quarterly and year -end reports must be submitted on the report templates provided by DFPS. The Contractor shall accurately complete or ensure accurate completion of program forms, including but not limited to the registration form, services tracking form, and outcome surveys. All forms must be on the template required by the Department except as approved in writing by the program's program specialist. The Contractor shall enter data into the PSIS database accurately, timely, and on an ongoing basis to ensure that data for a specific month is data entered into the system within six days of the close of the month, but no later than 30 days following the close of the month of services. B. The Contractor shall submit service delivery reports required by the contract or self - evaluations of performance and all other reports requested by the Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Department, the U.S. Department of Health and Human Services, or their authorized representatives. C. In developing, copying and disseminating reports or other information under this contract the Contractor hereby agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Contractor that is subject of this contract. 2. Defend any claim, suit, or proceeding brought against the State of Texas or the Department on the issue of infringement of any copyright by any product, or any product part, supplied by the Contractor to the Department under this agreement subject to the jurisdiction of the Attorney General of Texas. The Contractor will pay, subject to limitations specified in this Section, any final judgment entered against the State of Texas or the Department on this issue in any suit or proceeding defended by the Contractor. The Contractor will be relieved of this obligation if within thirty days after the Department receives notice, the Department fails to notify the Contractor in writing of any claim, suit, or proceeding, and at the Contractor's expense, give the contractor all information needed to defend any claim, suit or proceeding. The Contractor will report to the Department within thirty (30) days and in reasonable written detail, each notice of claim of copyright infringement pertaining to this contract of which the Contractor has knowledge. VII. Section VII. E. of the Original Contract is deleted in its entirety and the following provision substituted for same: Direct Contact with Clients. Prevent or promptly remove any employee, subcontractor or volunteer from direct client contact and /or from access to client records who is alleged to have committed acts of abuse, neglect or exploitation of children, the elderly or persons with disabilities; or an offense under the Texas Penal Code against the person; against the family; against public order or decency; against public health, safety or morals; against property; or an offense under Chapter 481 of the Texas Health and Safety Code (Texas Controlled Substances Act); or any act or offense that can reasonably be associated with potential risk of harm or loss to the Department and/or its clients based on the job duties or contractual roles of the person in question at any time during the contract period. If it is determined, with certainty, that the person in question has not committed the acts or offenses alleged, that person may again be assigned to direct client contact and or access to client records; however, the Contractor or Subcontractor shall notify the Department of its intent to do so no later than ten 10 business days and receive Department approval prior to the reassignment. The Contractor or Subcontractor must provide the Department with further information concerning the reasons for the reassignment upon the request of the Department. If the person in question is found to have committed any of the acts or offenses listed in this paragraph, that person shall not be reassigned to duties involving any direct contact with clients and /or access to client records. Contractor will immediately remove access capabilities to any DFPS aut mated/internet based application(s) or immediately notify DFPS that access to such applications needs to be terminated for any employee, subcontractor or volunteer whose employment, subcontract, or volunteer term with the contractor has been terminated for any reason. Vill. Section Vil. L. of the Original Contract is deleted in its entirety and the following provision substituted for same: Disclosure and Release. Disclose and release, or cause its employees, subcontractors and volunteers with direct client contact and /or access to client records to disclose and release, any allegation made against that employee, subcontractor or volunteer alleging the commission of an act of abuse, neglect or exploitation of children, the elderly or persons with disabilities; criminal history or any current criminal indictment (for felonies) or information (for misdemeanors ) involving an offense described in Section VII above. This disclosure and release is required of all individuals who have, or will have, direct contact with clients and/or access to client records, prior to such contact or access and shall be accomplished through use of (a) a criminal history background check; (b) a DFPS abuse and neglect history check and (c) a signed disclosure and release by each such person attesting to this information, which shall be maintained by the contractor, available for review by the Department, and renewed at intervals not to exceed 24 months while the contract is in effect. IX. Section VIII of the Original Contract is deleted in its entirety and the following provision substituted for same: Service Provisions. The Department has identified the need for the CYD program to increase the number of clients being served, therefore the Department has removed the contractual obligations pertaining to "evidenced based" services. In return for the removal of this obligation, the 'Target" for Output #2 has been increased accordingly. The Contractor (Fiscal Agent) shall provide services based on the results of the community strengths and needs assessment, Request for Proposal criteria and recommendations of the CYD Collaborative Committee Review Committee via development of subcontracts with designated service providers, if said providers meet the subcontracting requirements of the Department and Contractor. Based on the recommendations of the CYO Collaborative Committee Review Committee and within the funding limits set in the Request for Proposals, the Contractor may provide direct services to the CYD program. The Contractor Plan of Operation must be submitted on the DFPS- required template and be submitted in conjunction with the contract and budget as supporting materials. The Contractor shall follow the Plan of Operation, or any changes in service delivery shall be addressed via update of the Plan of Operation, and submitted to the Department within 30 days. Plans of Operation for subcontractors must contain the following information: 1. A detailed program description 2. Inclusive dates for service provision 3. Goals of the program and/or service, including the impact on juvenile crime 4. Days and hours during which services will be provided 5. Name of organization responsible for providing services and the location where the services will be provided 6. How services will be available to youth and /or families without transportation 7. "Safe passage" plan for youth and /or families without transportation 8. Population to be served by the program 9. The number of unduplicated youth and /or family members to be served 10. An explanation of how CYD funds will be used to enhance existing services, if applicable 11. Description of how service programs will be culturally diverse 12. Staffing plan, with personnel qualifications, job descriptions, criminal check verification, and training Minor changes in service delivery shall be negotiated between the service provider and the Contractor and reported to the Department within 30 days. Any changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by both the Review Committee and the Department. Any changes not requiring prior approval from the Department must be reported to the Department within 30 days. The Contractor must add its services to the appropriate 2-1-1 Area Information Center where its CYD services are provided no later than April 1, 2006 and must update its information appropriately within 30 days of any changes in the scope of its CYD program. The Contractor must ensure all subcontractors have also added their services to the 2-1-1 Area Information Center. A. introduction. The 74th Regular Legislative Session, In House Bill 327, created the Community Youth Development grants. (Section 92, Amending Article 4413 (503), V.T.C.S., by adding Section 16.) The goal of the CYD program is to assist communities, identified by high incidence of juvenile crime, in alleviating family and community conditions that lead to juvenile crime. B. Geographic Area The Contractor shall serve CYD eligible participants in ZIP code 78415 in Nueces County of the State of Texas. Eligible participants include youth through age 17 who live in and/or attend school in the designated ZIP code. The target age range is 10 to 17 years. Family members meeting eligibility criteria as defined in Section C, 3(b) below may be served through CYD. �. CYD Services. The Contractor is responsible for the following tasks, as related to service delivery through the Community Youth Development program: 1. The Contractor is responsible for providing written documentation of the link between the needs assessment, funding priorities outlined in the local RFP, and contracted services; and must conduct procurements that are in accordance with appropriate state and federal guidelines and with the guidelines set forth in this RFP. For years in which a Contractor renews contracts, written documentation must be provided that supports the services currently funded and the decision to renew. 2. As part of the performance measures, service providers will be responsible for implementing a pre- test/post-test program evaluation design quantifiably demonstrating a significant increase in the identified assets as a result of program participation. In addition, the Contractor must have written policies and procedures in place detailing actions that will be taken if and when a subcontractor does not successfully meet established performance measures. 3. The Contractor is also responsible for the following. a. Ensuring that the percentage of youth under the age of 10 served does not exceed the percentage cap in RFP 2006-99-001-PEI. This cap must be met each month by each individual service. If the cap is exceeded, those youth may be considered ineligible and costs may be disallowed. b. Ensuring that family members of eligible participants only participate if the service involves the eligible youth or if the service provided to the family member can be directly linked to having an impact on the youth participant's likelihood of engaging in delinquent behavior. c. Whether provided directly by the Contractor or through subcontract, Contractors are responsible for: • Ensuring the YAC is comprised of a diverse group of youth, not just youth from one CYD program; • Ensuring participation of at least 20 active youth who are either in middle school or high school • Ensuring the YAC meets at least once per month and for a minimum ur of four hours to accomplish roles and responsibilities of the YAC; • Ensuring adequate participation from the YAC in CDC meetings, the needs assessment, and the Review Committee, as required in RFP 2 -99- o1 -PE1; • Ensuring the YAC solicits feedback regarding the CYD program from youth participants and that services are appropriately responsive to youth needs based on the information provided; • Ensuring full participation at the Teen Summit. d. Ensuring that measurable performance measures appropriate to youth leadership development are in the subcontract of the provider offering services to meet the youth leadership development requirement, if that service is subcontracted. e. Ensuring that at least 90% of the participants involved in rnent ring services are within the targeted grades 4'h — 8th). D. Administration. The Contractor is accountable for the following administrative responsibilities related to the Community Youth Development program: minimum requirements defined P�, r the and needs assessment must meet the m Advisory � . The stye collaborative effort of the Contractor, Youth A r be sufficiently documented, be the Committee and CD Collaborative onritte and must be completed in a timely manner so s. If the contract will be renewed, all as t o allow the Contractor to meet contractual deadline no later than June n required by the Department is due to the Department renewal �r�fora�t�o � � next fiscal year. The assessment must focus ors, � �' � the year prior to the beginning of the 'n u�nc prevention. F to, needs and strengths related to juvenile delinquency but �s riot lxrn�ted 2. The Contractor is responsible for ensuring that: assure fair and establish a formal, • Collaborative Committees written selection process a members selection of Review omrnitte i members, that 51% or more Committee members consist of a minimum of five me of • Review � and that at least one member of the YAC participates the members reside in the ZIP code an t and confidentiality � All Review Committee members sign written conflict of interes statements prior to reviewing proposals • Term limits for participation on the Review Committee are enforced • Review Committees use a consensus process to make recommendations during the local procurement 3. is management and monitoring of subcontracts. This The Contractor i responsible for ongoing includes cement and renewal, ensuring des a ro riate negotiations pp tiations of contracts at both procurement renewal, p of required program documentation, and formal r�- timely and accurate billing and submission � p - report for a Contractor by Y monitoring. Any finding or issue documented in a monitoring rep considered site con performance played a considerable part will be c D�P� in which a subcontractor's p significant mismanagement of subcontracts on the part of the Contractor. g adequately prepared that contractual deadlines for 4. The Contractor is expected to be ade� p p 'o are met. Quarterly and year - r� re orts, the year -end report, and rene wral information quarterly p submitted on the report templates provided by DFPS. 5. end reports must be sub expected to ro eriy manage its budget and should not lapse a significant The Contractor is ecpc p � each fiscal year. amount of the contract budget at the end of y . minimum of four CCC meetings, one each quarter and at 6. The Contractor � expected to hold a year should be an annual planning community meeting. The first CCC meeting of the +y feast one rosters and attendee siren sheets must be documented rrieeting. �ii�,ute, active attendance and submitted to DFPS by the prescribed deadlines. X. performance measures set forth in the Original Contract. visions of this section tto shall supersede any The pro Performance Measures. (all contracts for client services must include clearly Pursuant to Texas Human Resources Code §40058 a objectives of the program are outcomes that can be measured to determine whether the o ] success of defined goals and out the following performance measures to evaluate the being achieved. The Department will use t g g Contractor's performance of services under this contract. the font Out ut Measures served Output �1 . Number of youth rved monthl by the Community Youth Development program, this output will be measured monthly throughout the Output Performance Contractor �otrator performance on � ear each a performance period calendar month. If the contract period is more than one y contract period for each fiscal ear, or part thereof, if the contract period will for the 12-month period corresponding to the state ]� will b begins after the state fiscal year. Indicator: Total number of unduplicated youth served by the Youth Development program in each calendar month. ` after baseline data are collected from the youth The target for this measure will, be determined baseline will be established Target: Th r fiscal years of the program. A target better than participating in services during prior ]� for the subsequent contract period. success in providing Community Youth Development program Purpose: To evaluate the Contractors su p services to targeted youth.ata Source: PIS Database Danes 1(l Methodology: Sum of all unique youth registration ID numbers within the PEIS database where at least one individual youth received a minimum of one service within the month. Output #2: Number of youth served during each fiscal year by the Community Youth Development program. Output Performance Period: Contractor performance on this output will be measured annually. If the contract period is more than one year, each performance period will be for the 12-month period corresponding to the state fiscal year, or part thereof, if the contract period begins after the state fiscal year. Indicator: Total number of unduplicated youth served by the Community Youth Development program during the fiscal year. Target: 2 150 for fiscal year 2008, which is increased from 2 000 in fiscal year 200 7. Purpose: To evaluate the Contractor's success in providing Community Youth Development program services to targeted youth. Data Source: PEIS Database Methodology: Sum of all unique youth registration ID numbers within the PEIS database where at least one individual youth received a minimum of one service within the fiscal year. Output #3: DFPS Protective Factor Survey Questionnaires are completed. Output Performance Period: Contractor performance on this output will be measured for the contract period. If the contract period is more than one year, each performance period will be for the 12-month period corresponding to the state fiscal year, or part thereof, if the contract period begins after the state fiscal year. Indicator: Percent of eligible target youth who complete a pre- and a post - service Protective Factor Survey Questionnaire. Purpose: To evaluate the Contractor's success in obtaining completed pre- and post service Protective Factor Survey Questionnaires from eligible youth. Definitions: .Complete — At least 60% of the items on the pre- and the post - service Protective Factor Survey Questionnaire are completed. Eligible — To complete the pre - service Protective Factor Survey Questionnaire, the participant must meet the criteria for eligibility and acceptance into the program. To complete the post - service Protective Fit Sut Questionnaires, the participant must have: • Completed the prescribed program; or ■ Participated in the program for 12 months from the date when the Pre- Protective Factor Survey was completed; or ■ Been receiving program services for the length of time required to achieve benefit as defined by the Contractor and approved by DFPS and stipulated in the contract plan of operations. The Contractor is required to ensure that the target youth completes the pre- and post - service Protective Factor Survey Questionnaires. Target: 80% Data Source: PEIS Database Methodology: The numerator is the number of eligible Community Youth Development program target youth that have a completed pre- and post - service Protective Factor Survey Questionnaire in the PEIS database for the output performance period. The denominator is the total number of eligible Community Youth Development program youth entered into the PEIS database for the output performance period. Divide the numerator by the denominator, then multiply by 100 and state as a percentage. Output #4: DFPS Satisfaction Questionnaires for Community Youth Development program services are completed by youth receiving services in the Community Youth Development program. indicator: Percent of eligible community Youth Development program youth who complete the DFPS satisfaction questionnaire. Purpose: To evaluate the Contractor's success in obtaining completed satisfaction survey questionnaires from the youth. Definitions: tom feted- a number from the -point Likert scale is chosen for each of the first eight items on the DFPS satisfaction survey questionnaire. g t f Questionnaire, the participant must have: ble —T complete the Satisfaction • Completed the prescribed program, or • Participated in the program for 12 months; or • Exited the program. " or is re uird to ensure that the target youth complete the satisfaction questionnaires. � h contract q Target: 50% Data Source: DFPS Satisfaction Questionnaire Youth Development program youth for which for is the number of eligible Community Yo denominator i the total Methodology: The numerator for the output performance period. The de a Satisfaction questionnaire was completed � ante period. fide the numerator by the eligible target youth served during the output p r�nn number of ei� g and state as percentage. denominator, then multiply by 100 contract period. on this output will be measured for the coat � output Performance Period: contractor performance will b for the � �rnonth period if the contract period is more than one year, each performance period after the state fiscal year. fiscal year, or part thereof, if the contract period begins corresponding to the state fiac Outcome It rs report an increase in the targeted protective factors. Outcome �! Youth . �out rep n of the pre-service • protective factors, as determined by compares Indic afor: `l•h aggregate increase �n targeted eve Factor Furey utionna�res. re Questionnaires to the post - service Protec Protective Factor Survey et oath enrolled in Purpose: To evaluate the Contractor's success at increasing protective factors in the tar g the Community Youth Development program. Definition: Contractor has identified its program will impact. `Tar ted Prot cti�re Factors -The protective factors the o baseline data are collected from the youth Target: for this measure will be determined after target better than baseline participating The target of fiscal years 007 -008 of the contract. A t ar#ici sting in services during all or part p p will be established for the subsequent contract period. Data source: PE1S Database r the Protective this measure will be determined by DFPS after The methodology for calculating th � data begin to be collected. Factor Methodology: es have been finalized, and before baseline g Factor purvey Questionnaires measured for the contract • Contractor erforrrlance on this outcome will be meal th period Outcome Performance Period. font p each performance period will be for the � -rnon p if the contract period is more than one year sac period. contract period begins after the state fiscal year. p to the state fiscal year, or part thereof, if the p corresponding ro ram will not engage in delinquent behavior. Outcome Youth in Community `youth Development Indicator: Percentage of youth that are not referred to juvenile probation while registered in and receiving ng services from the Community Youth Development program. Target: 95% evaluate the contractor's success in keeping youth in the Community Youth Development Purpose: To program from engaging in delinquent behavior. Data Sources: UPC and PE1S Database. . Youth Development program youth in which a numerator i the total number of Community referral to •uveniie robation s target youth The database is matched to a target youth in a re et oath 'l � -1 in the PEIS d � Probation if the validated incident occurred tarp (age Texas De , artment of Juvenile b data reported b the was receiving services. The denominator is the e performance period and while the youth w during the utcorn p Page 10 �1 F i youth 1 �7r11� by ��r Contractor for L �ndu licatd Community Youth Development subtract this number from one, outcome number of `vide the numerator by the denominator and o utorne rfrra�nc period. Divide for this indicator will be collected from the Texas by � and state percentage. Information e then multiply n data reporting system and the PEIS database. Department of Juvenile Probation � gut the Outcome Performance Period: Contractor performance on this outcome will be measured throughout orr� performance period will be for the 12-month contract period. If the contract period is more than one year, each cntr contract period begins after the state fiscal ' period corresponding to the state fiscal year, or part thereof} if the year. ` Youth Development program services received. Youth are satisfied with Community . Outcome that indicate who are required to complete the satisfaction survey Indicator: Percentage of target youth w � F n average score of five or higher on the first seven items, satisfaction by a in s that meet the satisfaction of youth served. Purpose: � evaluate the Contractor's success in providing service Definitions: Satisfaction Questionnaire, add the scores for the • r each target youth who completed the rae score. ,F first five items and divide by the total number of scores. Satisfied: i score of five or higher on the 7-point Liked scale. Target: 8% Data Source: • The DFPS Satisfaction Survey Questionnaire. will be used if �e � � ut �. e, 50% of those For this outcome the followin � rr�tofolo number of completed DFPS ipible Methodology: ' faction starve rr t: The numerator is the ell lbl air rr� legal; tie sates or higher for the first five items. The denominator Questionnaires with an average score of five Satisfaction Divide e tl� numerator by the denominator, multiply is of completed survey questionnaires. D��d et of the follo�r�• by the total number b r the Contractor not meet the out. ut to Y '� � and state as a percentage. Should shall be set at zero The denominator is the rr�thoolo will be �reai for the otorr1e. The numerator s the denominator, multiply by ' � total number of cor�nplet ed r e uestionnaires. Divide the nu aerator by and state as a percentage. d for the contract • Contractor performance on this outcome will be measured th period Outcome Performance Period: � rfrrrrane period will be for the 'l�rr�on p period, If the contract period is more than one year, each p period begins after the state fiscal year, corresponding to the state fiscal ear, or part thereof, if the contract per g 1 . by Reference. Contractor represents, and requests the Department to rely on these lincorporation f representations: incorporated instruments of this oortrct, Or if � A. material facts have changed concerning the following � No rat Contractor has attached new and current documents as any material facts have changed, then the contra indicated on the Contract Renewal Return Checklist. Budget for Purchase of Service with Narrative �. Form 2030, g Directors Resolution 2. Form 2031, Corporate Board of , 1n l�g� �l�ty and lent ry CC�ustion 3. Form 2048 Certification Regarding Debarment, Suspension for Covered Contractors atiLobbying 4. dorm Zoe} Certification Regarding Federal 5. Forms 4732, Request for Determination of Ability to ontrac 6. Form 4733, Contractor Assurances 7. Form 9003, Child Support Certification Statement 3 Disclosure of Ownership & Control Interest rn 8. Form 'i1 , 9. HUB Subcontracting Plan 10. Plan of operations 11. Request for Proposals B. Upon request by the Department, the Contractor w ill prepare and execute new documents from the forms listed above. • i conflict with this renewal are continued in full force All other terms and conditions of the Original Contract not in Page 10 and effect. This renewal # FYO -AM03 to contract # 23362174 is effective aternber1, 2007 through August 31, 2008 Texas Department of Family Contractor: City of Corpus Christi and Protective Services Signature Signature Printed Name: Carolyn Francis Printed Name: George K. Title: Director, Prevention and Early Intervention Title: City_ Manager Division Date Date 1 1 foi form: Approved as to Lisa4-41:gu ' r 147 Assistant City Att For City Attorney 1 ORDINANCE FROM THE TEXA APPROPR1AT11�I $507,000 TEXAS DEPARTMENT of FAMILY AND SERVICES IN THE I O. 1060 COMMUNITY YOUTH DEVELOPMENT PROTECTIVE sER THE THE COMMUNITY YOUTH DEVELOPMENT PROGRAM 11 FUND TO FUND T PERIOD CODE FOR FISCAL YEAR 2007 -2008, CONTRACT 81 ZIP SEPTEMBER 1, 2007 THROUGH AUGUST 31, 2008; AND DECLARING AN EMERGENCY. BE IT ORDAINED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: from the `Texas Departmernt of Family and �ECTIO �. That $507,000 . es is appropriated in the [ o. 1060 Community Youth Protective Services • fund the Community Youth Development Program in the Development Fund to fu t September 1, zip i code area for Fiscal year 2007 -2008, contract pe riod p 2007 through August 81, 2008. SECTION 2. That upon written request of the Mayor or five Council members, Council (1) finds and declares an emergency due to the co attached, the ��ty .. . need for immediate action necessary for the efficient effective administration City suspends the Charter rule that requires consideration of of ��t affairs and susp and voting upon ordinances at two regular meetings so that this ordinance is effect upon first reading passed and takes effe p q as an emergency measure this the 1 8th day of October, 2007. ATTEST: Armando Chapa City Secretary APPROVED: October 10, 2007 k Lisa Aguilar Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas Day of - _ , 2007 TO THE MEMBERS F THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting on ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting g of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike H mm ll Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon hon - -- CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2008 -1 This contract "Contract" is entered into by the City of Corpus Christi "City" or "Fiscal Agent") and the following named Subcontractor: CITY: SUBCONTRACTOR: ACTOR: City of Corpus Christi-JAC/CYD Boys & Girls Club of Corpus Christi 226 Enterprize. Ste. 104 3902 Greenwood Dr. Corpus Christi, TX 78405 Corpus Christi, TX 78416 Telephone: (361) 826 -4028 Telephone: (361) 361- 853 -2505 FAX: (361) 299-1410 FA : (3 61) 361-853-1943 Contact Person: Celina Pulcher Contact Person: Anne Baker Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program "C D" funded by the Texas Department of Family and Protective Services "DFPS" . This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and 8-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2007 Through: August 31, 2008 FUNDING OBLIGATION: Not to exceed $ 54,100.00 for FY 2008 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved , 2007; By: Name: Title: City of Corpus Christi George K. Noe City Manager Subcontractor: Boys & Girls Club of Corpus Christi E3y: Name: dhtJt- Title: Date: ID /i D %p 'j 78415 commuNrry YOUTH DEVELOPMENT Pi GF M Boys & Girls Club of Corpus Christi TABLE OF CONTENTS Ea I. Contract Cover Sheet Table of Contents Contracted Performance Measures (Attachment A-1 ) 1 Statement of Work (Attachment A -2) 4 Budget Information Forms (Attachment B-1) 10 Reimbursement Request Form (Attachment B -2) 14 Budget Narrative (Attachment B -3) 15 Standard Terms and Conditions (Attachment C) 17 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Year 2000 Compliance 14. Taxes 15. Disputes 16. Independent Audit 17. Prevention of Conflicting Interests 18. Fraud and Abuse Prevention 19. Indemnification 20. Sectarian Involvement Prohibited 21. Political Activity /Lobbying 22. Non-Discrimination rimination and Equal Opportunity 23. Health and Safety Standards 24. Insurance 1 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly hly Perf rman e Review 36. Suspension of Payments 37. Repayment of Funds Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarr ent (Attachment E) Certification Regarding Federal Lobbying (Attachment F) ii Attach rent A -1 Boys & Girls Club of Corpus Christi CONTRACTED ACTED PEI FoRMANCE MEASURES (community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals /objectives. Outcomes relate to behavior, skills, knowledge, attitudes, values, etc. The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2007 thru August 31, 200 8. Output ##1: Number of youth served Indicator: Number r of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be September 1, 2007 through August 31, 2008 for the initial contract period as established through this FBI= P. Unduplicated means participants will be counted once only during the contract period to determine this output, regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s /he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s/he receives her /his first service during the new contract period. Target: 450 Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 5 days after the close of a month of service. Target: 90% Output #3: Youth served under the age of 10 years. Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual service. If the cap is exceeded, those youth may be considered ineligible and costs may be disallowed. Target: 20% Output #4: Participants involved in mentoring services Indicator: Percent of youth involved in rnentring services are within the targeted grades (4th a_ 8th). Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow -up (post) asset survey. Only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. Target: 80%. Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow -up (post) asset survey. Note that the follow-up survey, and not the initial asset survey, contains the satisfaction questions. Target: 50%. Outcome #1: CYD youth have increased assets Indicator: Average increase in the absolute lute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow -up (post) Protective Factor survey. Follow -up (post) Protective Factor surveys will be completed Follow -up (post) Protective Factor surveys will be completed between 15 days prior to and 15 days after the four month anniversary of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first. Target: Minimum net 10% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that participate in multiple services, one survey should be completed corresponding to the first program service in which they participated. -2- Target: 8 % outcome #3: Von- referred CYD youth Indicator: Percent of CYD youth report not referred to juvenile probation. Target: 9 % Note: Performance measures, indicators and targets are set at the discretion of DFPS and may be changed at any time, but will not be changed without due notice to Fiscal Agents. Attachment A -2 STATEMENT OF WORK Subcontractor: Boys & Girls Club Program Name: After - school & summer Youth Program L SERVICES TO BE PROVIDED 1 Describe the service to be provided in detail: Our proposed program for the 78415 youth embraces the times of day and year that our youth members are not in school; as well as the week -ends, when many athletic leagues are seasonally offered year - round. Our After- school Program provides time for students to complete homework assignments, participate in computer activities, play in our game room and be active in athletics. It also provides the one -on -one help that many youth do not receive, either at home or at school. Our Summer Program includes many of the activities provided after school; except that it operates from 8:00 a.m. until 5:00 p.m., Monday through Friday, and includes a hot lunch (prepared on site), daily snacks, swimming and outdoor programs, as well as the usual learning center, game room and gym activities. Our athletic leagues include Spurs Drug-free Basketball, Girls Kickball, Boys Flag Football, PALS Softball, Soccer, Teen Summer Basketball and Volleyball. The 78415 youth would also benefit from two new collaborations that just occurred this year: Corpus Christi Police Athletic League (PAL) and the Express Soccer Club. All of these programs would be available, free of charge, to all 78415 children, ages -- . 2) Location where services will be provided: Greenwood Unit, 3902 Greenwood Drive, City Corpus Christi, Texas ZIP Code 78415 a) If more than one location is utilized list other locations here: N/A 3) Inclusive dates of Service: From September 1, 2007 to August 31, 2008 4) aus r Fours of provided services: School days: 3:00 p.m. — 8:00 p.m., Monday through Thursday 3:00 p.m. — 6:00 p.m., Friday 10:00 a.rn. — 3:00 p.m., Saturday, for fall athletic leagues School holidays: 8:00 a.m. — 5 :00 p.m. Summer: 8:00 a.m. — 5:00 p.m. (Children ages 6 — 12) 3 :00 p.m. — 8:00 p.m. (Teens ages 13 --1 , Monday thru Thursday 5) Number of undu•Boated outh to be served/adults to be served (if applicable): 450 youth 6) Mentor to outh ratio: 1 to 10 a) Number of contact hours rr r month: School Days: 25 hrs /week; Summer: 45 hrs /week 7) Describe the tar pj population to be served: The youth served are primarily Hispanic (72%) and African American (14%) students who have no other comprehensive youth development program opportunities in which they can afford to participate. These youth need structured opportunities to develop leadership skills, participate in team sports, be with peers in our "Club" environment, learn from role models, and to know they are safe when at the Club. The characteristics and needs of these at -risk youth will best be met by the Boys & Girls Club programs, which are fine -tuned to address their need for structure and enrichment, while being "in the neighborhood." Another specific and often over - looked need of the at -risk youth we serve is for stability and structure. We see the children every day, of every week, which is extremely important to their sense of constancy and predictability. They know our routine, expectations, and programs; they know we'll be here for them every day and that we care about their safety and well being. Youth to be served are ages 6 -17 years. 8) Describe each I of the service and/or *roe ram includin • the im'act on `uvenile crime: Goal(s): To bring CYD Boys & Girls Club activities to the residents of 78415 which includes homework assistance, tutoring, and recreation activities to decrease the negative effects of residing in this zip code. Objective (s): In a twelve month period, Boys & Girls Club participants will have increased their positive life skills to include better studying habits, participation in recreational activities and coping skills. 9) How will this service be available to families without trans. ciliation: Two vans will pick -up as many students as possible after school. Corpus Christi ISD will bus students to the Club from Central Park, Fannin, Houston, Kostoryz, Lexington and Travis during the month of June. Buses will be provided for larger groups. 5 10 Describe the "safe . assa • e} • Ian for outh /families without trans • ortation: For the After- school program, they will use the Club van to pick up children; several walk to the Club; and many are dropped off by care - givers who bring them from school to the club. During the summer, CCISD will bus children from six 78415 schools during the month of July (central Park, Fannin, Houston, Kostoryz, Lexington and Travis). Whenever transportation for larger groups is required, they will use buses provided by the school district or the IOTA. The safety of the youth before, during and after any activity will be assured by adequate adult supervision. 11 Staffin • : Describe the staffin Ian for FY08 includin • staff su • er rision and su • • ort and how adequate staffing in the case of vacancies or extended absences will be ensured: Our hiring policies and procedures include background checks for all staff. Even the coaches who participate in our Spurs Drug -free Leagues must submit to background checks. We do not depend on volunteers for our regular Club programs; however if a person offers to volunteer, a background check is required. All of our staff must be trained on the essentials of youth programming, safety, policies and procedures of our Club, as well as specific aspects of the programs they are hired to run. We do not have high turn - over. • • If there is an unexpected vacancy or absence that affects our programming we fill it only with qualified personnel, sometimes shuffling from one Club to another (we also run the Robstown nit to insure adequate supervision. Our Summer Program is preceded by a Job Ready Program conducted in the spring of each year to train teens who want to work in our Summer Program. The teens must attend every class each week, participate in hands -on training, complete resumes, learn policies and procedures, and demonstrate that they can work with youth. Every member of our staff is at feast a high school graduate. Only one does not have any college hours, most have at least two years of college, and some are college graduates. We make every effort to take advantage of all training opportunities offered through our national and regional organizations. In August of each year there is a Youth Development Conference that offers training in all program areas. We send as many staff as we can to this event, which for three years included our own Lisa Saenz on its national planning committee. The athletic, social /recreation, and :earning center staff provide the youth with the supervision and guidance needed to function in these two areas. They have been trained in Basic Programming skills and often are recruited through school districts, Del Mar and our local university. Our Greenwood Unit Director, Lisa Saenz, has been working for the Boys & Girls Club since 1993 and has oemonstrated her expertise in running all our programs -6- with exceptional expertise. She is certified, through our national office, to run most of our programs and has had experience in doing so for the last twelve years. All coaches in our Spurs Drug-free League are trained and certified before each season. staff members receive CPR and First Aid training. All life guards are fully certified. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Fors must be completed for every participant receiving services(s) on a Monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the rnonthly billing. Registration forms and service Traci ng form must be submitted for each month for which the subcontractor(s) request reimbursement for service/program costs. 111. DOCUMENTATION F SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. Iv. BILLING REQUIREMENTS The Subcontractor wiE submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Juvenile Assessment Center CYD ATTIC: Celina Pulcher CYD Project Coordinator City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing wi ; consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. _;_ c. Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30# 2007 October 5, 2007 October 31, 2007 1 November 5, 2007 November 80, 2007 December ember , 2007 December 31, 2007 , January 5, 2008 January 31, 2008 I February , 2008 February 29, 2008 March 5, 2008 March 31, 200 April � gB p } April 30, 2008 May 5, 2008 May 31, 2008 June 5, 2008 June 30, 2008 July 5, 2008 July 31, 2008 August 5, 2008 August 81, 2008 September 5, 2008 V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are n ct expended in accordance with Schedule A Subcontractor Estimate of FY 2007-2008 x e d tur s by June 30, 2008, Subcontractor will lose any uncommiftecl fends in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business dais to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (1 0) business days thereafter. However, if Subcontractor disagrees that excess fends are available, then Fiscal Agent and Subcontractor will meet at an agreed upon lime and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision tether to reinstate or forfeit any of Subcontractor's excess uncommitted .funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule - Subcontractor Estimate of FY2008 Expenditures Month Estimated Percent of Total gxpc ndi m§ Bud et September 2007 3,246 % October 2007 3,787 7% November 2007 , 869 I 0% 9% December December 2007 4,869 ° January 2008 5,410 10% February 2008 1 4,328 8% March 2008 4,869 J {/J 9% April 2008 5,410 C)% Ir May 2008 6,492 +1; 12% June 2008 5,951 i 11% July 2008 r 3,787 7% August 2008 € 1,082 2% Boys & Girls Club of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 Summary ar Budget FY COST CATEGORY TOTAL 1. (A) Personnel - Salaries $34,987.20 (B) Personnel - Flin #e Benefits 0.00 (C Personnel - Travel 0.00 2. Materials and Su • sties 3. E •ui• ment 4. (A) Other Costs - Utilities , 12.80 (B) Other Costs - Youth Membership 1 1 0,100.00 Fro tram Fees x TOTAL BUDGET 100.00 Cash Match In -kind Match $65,300.04 $0.00 Boys & Girls Club of Corpus Christi Budget Information 'rm Contract Period: Sept. 1, 2007 - Aug. 31, 2008 {la} Personnel - Salaries FYO8 Position or Title Number of Staff for Position C Average Full Time Monthly Salary D ; Percent of Time on Budgeted Position Number of ' Months Employed Cost (BxCxDxE) I (Total) Programming 1 2,819.00 0% 12 13,531.20 Teen Program 1 500.00 40% 12 2,400.00 Social Recreation 1 400.00 - - - -- 40% 12 1 ,920.00 Athletics 1 500.00 40% 12 ! 2,400.00 Athletics 1 Summer 1 720.00 40% 3 864.00 Learning _ nt r - - - -- - - - 1 2,000.00 % 12 9,600 00 Learning Center 1 Summer 1 360.00 40% 3 432.00 Front Desk 1 800.00 40% 12 3,840 00 -- - - -- - - - - -- - - -- - -- - -- -- - - - - - - - -- - TOTAL SALARIES Total 34,987.20 Boys & Girls Club of Corpus Christi Budget (formation Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (lb) Personnel - Fringe Benefits (Employer's Share) FYO8 Fringe Benefits Based on la Salaries Paid* Fringe Benefits Based on (la) Salaries Paid Programming Staff (only 1 l % , 0.00 Teen Program Stafr1y FICA ". °o .I Social Recreation Staff (only FICA @ 7.65% j 0.00 Athletics Staff (only FICA a@ 7.65%) 0.00 Learning Center Staff (only FICA @ 7.65%) 0.00 Front Desk Staff (only FICA @ 7.65%) 5% 0.00 ,TOTAL FRINGE BENEFITS ; $0.00 Boys & Girls Club of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (4) Other Costs FY08 - Description and Basis for Cost Total Utilities: Electricity (Reliant Energy) and City Utilities $9,012.80 1 Youth Membership/Program fees: Based on Membership/ 10,100.00 Program Fees for at least 450 CYD participants, including all Athletic Leagues, Summer Program and After- school Proram TOTAL OTHER COSTS $19,112.80 SUBCONTRACTOR: Boys & Girls Club of Corpus Christi CONTRACT TRACT PERIOD: 9/01/2007 to 8/31/2008 TITLE: Community Youth Development Program Request No. Reporting Month ATTACHMENT B -2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST 1 - 2 *City Use Amount (1) TD (2) TD Amount Only Budgeted .._ Emended Invoiced Requested* Amnt. Paid Personnel - Salaries Programming 13,531.20 Teen Program Coordinator 2,400.00 Social /Recreation 1,920.00 Athletics 2,400.00 Athletics /Summer 864.00 Learning Center 9,600.00 Learning Center Summer 432.00 Front Desk 3,840.00 TOTAL 34,987.20 Personnel - Fringe None 0.00 TOTAL 0.00 Personnel - Travel TOTAL 0.00 0.00 Materials and Su lies None 0.00 TOTAL 0.00 Rental, Lease or Purchase of Equipment TOTAL Other Costs 0.00 0.00 Utilities 9,012.80 Youth Member Program fees 10,100.00 TOTAL 19,112.80 TOTAL 54,100.00 Amounts expended cannot exceed amount budgeted. certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date -14- Attachment B -3 Boys & Girls Club of Corpus Christi BUDGET NARRATIVE 1. (a) Personnel - Salaries Salaries charged to this grant are based on current year's compensation. The percentage is based on the portion of staff's time being charged to this grant. Salary increases for 2007 varied between 4%-6%. A similar increase may be awarded for 2008. As the number of children increase during the summer, so does the number of staff. A B C D E F Position or Title Number of staff for Position Average Full -Tire Monthly Salary Percent of Time on Budgeted Position Number of Months Employed Cost - -- (B*C*D*E) (Total) Programming 1 2,819 40% 12 13,531.20 Teen Program 1 500 40% 12 2,400 Social/Recreation 1 400 40% 12 1,920 Athletics 1 650 40% 12 2,400 'Athletics 1 720 40% 3 864 Learning Center 1 2,000 40% 12 9,600 Learning Center 360 40% 3 432 Front Desk Staff 1 800 40% 12 3,840 Total Salaries - - 34,987.20 Personnel — Fringe Benefits NO FRINGE BENEFITS WILL BE CHARGED TO GRANT T _1 - Personnel Cost FICA a@ 7.65 °0 Prgrarring - Teen Prgrarn - SCialFecreatln Athletics 2 staff Learning enter -2 Staff Front Desk Staff Total Cost 0.00 _1 - 2. Consumable Supplies We are not charging any materials or supplies to this grant. 3. Rental, Lease or Purchase of Equipment We are not charging any equipment costs to this grant. 4. Other Costs Utilities - $9,O128O, based on our 2007 budget, will include electricity and City utilities. Each month's billing will be submitted at a 40% charge for reimbursement through the CYD grant. The estimated cost is based on 2007 budget. Our 2006 financial revealed that it actually cost us $199 per member served ($705,605 t serve 3,457 youth) during that fiscal year. The fees charged to this grant do not equate to the actual cost of our services. We are the most reasonable program of its kind in Corpus Christi, even coming in far below the cost of our city's Latchkey program. Youth Membership /Program fees, $10,'100, charged at 100% for CYD participants, will include: After- school program ($20.00 annual fee) for up to 75 CYD participants. This includes all after - school days, from 3 :OOpm until 6:00pm and school holidays from 8 :OOam- :00pm, for the 2007 -2008 school year. Summer Program monthly fee $ 0 per month /per youth) for up to 200 CYD participants. We could serve 200 different CYD youth each of the three months of the Summer Program, which could amount to over 600 different youth, the sarric, 200 for each of three months, or any variation therein. Spurs Drug-free Basketball League and other Athletic Leagues (ranges from $10.00 to $30.00 fee) for up to 75 CYD participants; These programs are fully described in the Program Narrative, under Service/Program Description. • Potantial Actual cost of services: up to $119,400 I. Being charged to the grant: $54,100 • Potential cash match: up to $65,300 Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "Boys and Girls Club of Corpus Christi" will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY ITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR") Part 92, Office of Management and Budget ("OMB") Circulars A-87, A -122, A- 110, and 40 Texas Administrative Code "TAC") 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A -122, A-110, and 40 TAC 732.240-256. SECTION 2. INDEPENDENT DES T C Tl ACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and ca r s arising therefrom. - 17 SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If pi c gram income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's atiov able and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include then on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for seivices rendered under this Contract will be rnade in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorizes only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. B. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per At ac rnen A-2 of tnis Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this contract. F. Funds under tt s ('.;.-)r 'ttract cannot be earned prior to the first day nor after the last day of the Contract Feriod. G. The Fiscal Agent shali not be viable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. I. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received frorn the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between line items for any dollar amount. Lack of prior approval ;n these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regaidiess of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR REPAYMENT ENT A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days frorn sucil suspension. B. Ail payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor snail assume liability fog repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcon.&act r ': provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non- Federal funds. Repayment of such funds to the Fiscal Agent snail be in accordance witl-h the Prompt Payment Act. Subcontractor shall aiso re pa to the Fiscal a' gennt any funds found to have been 1 9 - paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the subcontractor including, but not limited to, change of Subcontractor's nacre or identity, ownership or control, governing board membership, personnel, or payee identification numbr_ Subcontractor shall provide notice in writing to Fiscal Agent within ten 1 w r hnc gays cif change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or direuive s u d by e Fi cLC Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are raquired due to changes in Federal or State laws or regulations appii a Ie i CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and aHocatAe ac.',ccrding to 45 CFR Part 92, OMB Circulars A-87, A- 122, A-110, 40 TAC 732.240 -256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modi *nation or directive to reduce the level of funding under t - otr ct in the event of a reduction of funding to the Fiscal Agent under any Federal, State or loom program. D. The Fiscal Agent may issue a policy dilective that shall have the effect of establishing, interpreting, cianlyi :g qualifying the terms of this Contract. Such policy directives may not alter the tarns of this Contract in order to relieve the Fiscal Agent a any o hga on to pay for performance rendered or costs incurred by Subcontractor prior to the date of SJCil directive. B. The Fiscal Agent ma' ;ivy cioz;ce of mod if Ic t ;ors to increase the amount of funds available unde r this n s ct if such funds become available and it is in the best interest the Fiscal Agent to do sc viithout the solicitation of additional proposals. SECTION 6. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self --evakiations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and ter reasonable periods c :ient records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the isca gent, the Department, the U.S. Department of Health and Human Services " HS' , or their authorized representatives. B. The Subcontractor agrees cF maii t ir: financial, cial, ro rammatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the contract Period for a minimum of five ars after the termination of the Contract Period, or for five years after the end of the Federal fiscal year in which services were provided if this contract has no specific termination daze. If any litigation, claim, or audit involving these records 6egins before the five year period expires, the Subcontractor will keep the records and documents for not less than five years and until ati litigation, c =aims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is c.Fnter between h DiBpartmentiFiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor 6hai c {rr gee and submit necessary caw on participants enrolled in its program eirio ,rut do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontra toi- meets the delinquent obligations.. E. Subcontractor shall submit a self - evaluation report within 45 days following the end of the Contract Period. The self- evaivati on report should address the accomplishments of 1: ie pi ogriamistir4icas, the eile Lis ec wens of the services provided, and the a t ri.-rierit of output measures, evidence-based performance measures and progrzvi gioais listed in this Contra i. 7 SECTION 8. SU NTR A TI G A. subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of tNs Contract and the Community Youth Development Plan of Operation. A norr.vy-2ernmental Subcontractor shall assume full liability for any third party actions and shall held harmless the Fiscal Agent, the Department, and the State of Texas from the ar.,:ions of any third party. Failure by a non- governmental Subcontractor to inform: the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all and may result in ir iitiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent 1 not be obrgated or liable wider this Contract to n party other than Subcontract r for payment of any monies or for provisions of any goods or services unless the Fisca Agent in writing specificall y agrees to such liability. B. The Subc ntra toy fuither agrees to provide statements from sub - subcontractors signed by an official duly authorized to legally obligate the ub- subcontractor and attest to the tact that t shali provide .the services as represented in this Contract, including the incorporated ed d cum; nts, with no disruption to service delivery. A similar statement must be signed by each Sub-subcontractor who will provide services as part of this Covaract. Each Sub-subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor Fnust cliscicse to Fiscal Agent an y and ail information regarding the Sub-subcontractors as it pertains to this Contract, during the Contract Period. C. subcontractor sh I I have protest procedures in place to handle and resolve disputes relating to its p-ocurement. D. Any of the work oi. sesvices sp :il ied in i is Contract wnich shall be performed by other than Subcorttractor shall be evidenced by a written Contract specifying the terms and co oiti ns of such performance. Subcontractor r sha!I maintain and adhere to appropnwe s Est }T ., consis-zent with F dera ;, State, and local law, for the award and monitoring 4 Contracts which contain acceptaole standards for ensuring accountaLiility. E. Subcor ra for isur theil. the pertormances rendered under all subcontracts are rendered so as to comply. with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with C'Y Program funds, Subcontractor shall state the percentage of the total costs of the program or pr je . which will be financed with those CYD Program funds. B. Subcontractor shad Oe ;xedit to the Departmerrt and Fiscal Agent as the funding g source in all Coral representations, wr-tn docurnents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall riot publish or cause to have published the results of its function and par icipatio; i the program actNity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECH bC L AS4ISTANcE. A. The Fiscal Agent will provide a central nforrnatiori system for complete information on each participant and vai iTia ntairi a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance views or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance cm- other _~ ifred personnel at such meetings. SECTION 11. lifiONITCRIAG A A E' SME r° A. The Subcontractor agrees to provide smices in accordance with the provisions of this Contract and lc allow the Fiscal Agent and Departrnerrt, and their representatives, to } ono , audit, evaluat , and otherwise review the services provided and related documentation. B. The Subcontractor ac to cooper te fully in aEiy social studies or fiscal and r� #. � � +7�' *� �� �7f �''f �'IFi !yk• /'t� #'• � 1 f Y other reviews 1 • • programmatic s onitc in #: ���; �g, * iali Ling, o$ other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DI-11-1S, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or C I- HS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an anaiysis of program data provided by the bcontract r to assess the performance this Contrad, and the quality of services. Monitoring shall include review of su ;ts of criminal background checks and affidavits required under this Contract or Subcontractor employees volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all :i'indings and recommended corrective ctic ns, if applicable, to Subcontractor. E. Unless otherwise c.,';Nlusted, ` Li Dc ntract r shali respond in writing to the Fiscal Agent within to i s .t f 3 g a r days after rec i pt of the monitoring report with all corrective actions piainned or taker, acid pecific detailed procedures and actions initiated to pr ;uric any recur er c .: she practices, c is repancies, and irregularities identified in the rrionit rin a report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's mittan response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards geed to : moditiece. Regardless of the course of action taken, the Fiscal Agent snali ensure .hat positive actions, ro dures, and practices are initiated to r iu : r cu reri .: r n n -c ,:m'pi an e. Upon written request, the Fiscal Agent s f U pro-1'de technical s is E nce to Subcontractor in correcting the deficiencies noted. Fps :al Agent nt sh ll roiwkict follow -up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fie #J Agent may witht .. ld :onus and move •* terminate this Contract. G. All such cci- rective actions shit remain open pending completion and issuance of a written st t it nt of closure !)-y the Fiscal A t nt or Deparcrnent, as applicable. SECTION 12. 1 , �� ' �% a�aF+a��.YY1'V iF A. The SuticontrzkAor agrecis at,i;SLIFile responsibility for protection of all physical propeny and equipment used al fa its s being maintained to carry out this Contract and take appropliate measures to meet this obiigation. All such property will be d :iu t ly sPf gu r sd against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased d with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty-four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. Are investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the 'ubcontr ct ., at Subcontractor's own expense. In addition, in the event of any theft, vaalalism, or other offense ain t the property or equipment, the Subcontractor ctc r { h lr r i ti y the ppropria t local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions f 45 CFR Part 92 regarding the return to the Departrnerit ci any' equipment bought under this Contract with funds allocated to the Fiscal - :gent or the Subcontractor. The Subcontractor agrees that it will not giv e any security int r st, lien, or otherwise encumber any item of a ui mani purc;-iased with Contract Inds. The Subcontractor agrees to permanently ently ;dentlf ail equipment wan appropriate tags or labels affixed to the equipment an3 to n-laritairi a current invert. ry' record of the equipment which must be made avai.aoto ► thy: Fiscal Ages and the Uep rtm nt upon request. C. The property shah be maintained in good condition at all times. Unless waived by the Fiscal Ag w'It and f 3p rtm nt, ail maintenance and repair costs associated with any pi- p c:y be bo •rte b y the u c ntra tor. All property must be returned to cirigina condition, except for norm; wear and tear, prier to return of the property to the Fiscal Agent SECTION *i 3. � I P L.;J I C �.�r ■. •rr.. � a rr. .a �r�rr ,k..� rr��.�, : r r Subcontractor -f respon.sibE4 to anticipate and rnitlgate any four - digit -year related events that could adversely affect the timely performance of this Contract or the date -r i t d operations oil any goods, files, or services provided pursuant to it Subcontractor warrants the fauk .tree performance in the processing of date and date --re ated cat a any product deveioped and delivered to Fiscal Agent pursuant to thi3 Contract. Faui.i.-free periormance includes mani l ti r f data with dates prior to, thi-o gh, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered p ursuant to the ccntvacwua h,L4r FJ r i) F1 use four-digit-year elements. Subcontractor further agree E; that four-digit-year elements will be used in any electronic data interchange. that may cc;ui Fi c i Agent as a re :.pit of this Contract. Subcontractor shall n;.:t be (.3-mAiect tc, additional compensation or additional time to p riorm obi :gala oc:;. SECTION 1 R TAX PS The Fiscal Agent and the Department it not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on-site compliance Frith the Federal Tax Reform Act of 1 986, Section 1706, amending Section 530 of the Revenue Act of 1 978, dealing with the issuance of Internal Revenue Service Form 2s t o common law employees. The Subcontractor is responsible for both Federa and Sate unemployment insurance coverage and standard workers' omp ins tio n insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment : f 'i!} ::risers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requsemems. u onti'ac.or hall indemnify the Fiscal Agent and Department and pay to the Fiscal g nt or Department all costs, penalties, or losses whatsoever occasioned by ihie u corILra tor's omission or breach of this section. SECTION IS. iS U E . The Fiscal Agent is espon i ale .for hearing any grievances, including disputes, claims or protests, arising out of the a min tratlorr and operations of programs funded under CYD Program. Non-discrimination eomplainis alleging a violaiion of the D Program must be initiated by tiling- Cqie-vance Information ati on Forrn within 3€ 5 days of the action complained of. Nort-discrirronaton c m lair is that do not allege a violation of the CYD Program may lni ".fated by a Grievance information Forrn within 30 days of the action o rnprain :d of. Correspondertce regarding a c rnp a nt or grievance should be directed to the attention of the Fiscal Agent. SECTION 16. INDEPENDENT iUDHT •�rY iY��i...�l Yiia�f#ffY4lir'i i Y YYY i•�iWati �L�1 The Subcontractor r gre s to submit are annual financial and oom fan e audit of the Subo ntr orTs f1sc; a - ;rn i in accordance vv.rin 'the Single Audit requirements of OMB Circular r -133 udi. s a .1 {:. .1 Leeal Government, and Non-Profit Organizations). A. Subcon'iracter ; ri erst nd an agrees that it sri ll IJe liable for all costs ass a i ed its 4 said auciii. B. Subcontractor urnchHst n s and agrees that it shall be liable to the Fiscal Agent for any costs #1 s ' e ': r , s ! of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms end Go ! d i o ;s . C. The Fisca r Art 3 C.; DrJ ,+_e : D. In the evert a Tina' audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain tie right to recover funds after fully considering the recommendations on disahowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub-Subcontractors shall ll imm diatel r report to the Fiscal Agent and the Department: any incident of fraud, abuse, or other criminal activity in the relation to the provisions of this contract or applicable State Regulations. SECTION 17. PR4VEgf014 or C9141-1.JC:TiNG A' 'ERESTS A. Every reasonable Caiii ;& of i , ions taken by t n e Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manneir, tree from personal, financial, or political gain. Subcontractor, its executive scat;', arid m lei, e ;3 , in administerng this Contract, shall avoid . situations that iv app arari e or suggestion that any decision was influenced by prejudice, bas, speciai interest or desire for personal gain. B. No 'r emly r , rl .:, . , n } r ,=- :- � � = ,' F ; Agent or the Department who exercises and functions or responsibiRies in the re)Aew or the approval of the undertaking c rr ii-i of thi Goiluaei mail ar+ ip to in any decision relating to this Cr i tact which affects i /her financial interest. C. E ecWves and enipiowes of Subcontracior shall be ar cuiarl aware of the varying degrees oi irr L : nc r_nat cbrin be i . J oy personal friends and associates and srFa l exercise Gu }iligi nce to avoid situations which give rise to an appearance: or a s f tt n that favorable treatment is being granted b y friends and associate, who are also members, officers, agents, or employees of the Fisca; Agant Dc., pci r lilroai c rE,cord of any transaction involving Subcontractor M() i,, ;;: {> . friend r Fil ;s ciate of a member, rmber, c4 f ices , agent, or emplope cf the i c a! or the bepattme m shall be retained when it is in the public in- et the Fiscal Agant or the Department to conduct business with such person. D. Members, bens, ffi .: rs, a , en[s, Lino employees of the Fiscal Aciant of tl' a Department and elected of iciai shaii riot s s ;cit rioc acct money or any other er consideration from SubconVactor or are other third pe;s ri o he - ihe performance of an act reimbursed in tflihCle f ;r: L.;v the F i ..4# -fl ,--x It o, he Department. Supplies, materials., egLiptnam, . :ris it .,; 5 CGreVaLt sh I be used solely fGr pur saii, eAT c- . No member ber r the Fiscal Agent Jr tha 3e r a #'; i4 :Shall cast a vcroa on the pro-vision of services by that member o; . f any ocganizaton Glatt member represents or vote on any matter w of would provide direct financial benefit to that member or any business or organi at.i r: wriic th? member directly represents. SECTION 18. FRAUD k i 1 PREVENTial A. Subcontractor shall e t bl sh, maintain, and utilize internal program management procedures suffi 1 ent to provide for proper and effective management ment and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or app:icabie reguiations, when such failure involves fraud or misappropriation appropriati f funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract includhg thc, Carry ing out cf ppi aria e rnonitorrig activities and in taking immediate c : i'e tive action against Known 'Violations f Depailrnent regulations, D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, u orn Giscovery of any incident of fraud, or suspected fraud, invoi.fing program. SECTION 1 The Subcom'tieor Shia, i " rrma/1y and irvold the Fiscal Agent and the Dieparttrrereti. Meir officers_, agents, representatives, and employees, from and aoifrtist any and an in or losses for physical damage to property or ,71ifivry to persons ' !; ng from negligence, misconduct, a or o"b i:fL s .+ pal; or five co ac or its officers, ageMs., carlpiPoyees, rep.resentatives, or Sub su con rac tom l Thy' myrtrut of loss, damage, or destruction of any property due ' - '#fit . u, ri J : chir , act or omission of the Subcontricir S . f : + r 4.: ; _ , r p.FOP _ 1'"'wj i ' and pmy full cost of repair, r io i #w i : r - ' , f e . •44 ` ar .' .4i t , ` NHS " IS''k' of tt4e FFiscal Agent and 2.)?pici*Ptrainty Sprh fro. ,_ a ' ti rfive a yI 9 by the Subccnitrncfrr with ',, e ) Caffifid*Ir Cfry,S after the elate of receipt of Britten noF ‘ + r vrt tPr, Fis,m4 in k, l s,► rf r 4 + mo n t due. The Stt of ' # ! P:pi!lical Aent, and their respective err piore , pnhil repre_sertfetives can neither agreR Pierrniess nor iFgree to indemnify tile S7f)crmr.rp,09,,,P .,..1,41r.f any pmvskrn? to Ms contrary are void. SECTION 20. SECTARIkil PROFISITED w■i��s 14i....Riif.i■iilM K■r •.�,. Y.�r.r.y.■.s�■i- �.rsrr..LLakarr as .�aa>✓� Subcontractor :761 -,all n 1C'' that 1 n #u rific :),./1(,.,-r this ' nt a t :' ! be used directly or indirectly in the u orr. of any reli i p s or anti-r li i rus activity, worship, or instruction. SECTION 21. PgLiTICAL ACTIVITY/L03pYJNG The Subcontractor wilt no u ti L.srxder this Contract to influence the outcome of elections or the passage or d ., :t of anylegiAatve measures. No funds piovic. &- L! R !. this r ro ; c: ct (nay 1:w s; !lied : ; r: way to influence r attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation n Y C`. i gi iisb oi. f or 1.6 :Ii 'State or k a I 4sta6•L rs. Subcontractor shall comply with HID requirements of L'4e sty r tJ is on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 1C7, } n 31 United States Code {{ SC" 1 352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Aftachment F irks ."ih`1. SECTION 22. . ` -IncR$t iiiov "o 9 pitri Fru JAI. OPPORTUNITY A. S on'a -a or shall comply' wim I apacaole Federal nd State regulations and with Depaltrrient po ;icier and t i' ce r -l. s reqarding services 'livered under this Contract incluci.ng, but not licni:ad to, the Tide V! Rights = + Law 8 -352), Section 504 of the Rehabilitation Act of 1 ' bIi Law 33-112), The Americans with l: is bili.cies Act ot 690 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. R ■ ri� +} k r -�� r �� � i � �.4 Y' } � �- _' c rt p w. w:t h Title 40, Chapter 73, of the Teyas Aan-Oistrative noder as amended. These laws provide in part that ♦ r ■ in ' R ■ • f i race, l V r, national origin, se y,-, ape, I: iy; al mor `J :ai3ability, drug r Et hel abuse or ak : b ist ro, ply rcai � � , or r l,gi n be excluded from participation in or denied any aid, care, set-lite or other benefits provided by Federal or State funding or otherwise. t� } s rir in t1 n; 2. Texas 1-leaAll arid Code, S;3cti n 85.1 d 3, as amended, relating to lAtc.gftp:ace and cG ific e nt1 i4 v i'ieI 1es regac if lf*. AIDS and HIV); 3. i (no Act of- 1936, as ar'n nd?, , regarding r diri I •■ 1 J 4 1 iar i ' -:' •i +iVati4f# tor any individuals t - �J *'jr h .y ,...r � �� ��Y . � •ti�_i r s i � *■ :.. .�.7,� t+ !� ].w �y. rt 1, Y+ # 1 kAi p r r :3 rn ' :� � f i �.. I LA i o r s c , L c �t "1R'f'Y 3 * �� # �"' ^ tc '�`► � �' 1rf'3 Ykfi ir.. # � i �• R 'r 4. i b:if.3h [; + I, : C L I 1 �.� ; ' ' �.: �.. � : t.,��.. 'f �.;3. i1 i 1 y of crc and other inf J rr ;tic ; :ji r t c ;ca r in 4 ppa; ble Federal and State laws, rules, and r c ulat im s. T i :4 provision does not limit the Fiscal Agent's or the Department's right o.c access to client case files or other infermation relating to clients served under this Contract. 'M Derraftent shall have an absolute right of access to and copies of .such inform tfon, upon request: 5. Promptly report any suspected #ash' of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required y the Texas Family Code, Chapter 261, as amended. Ali reports must be made wThin 24 hours c." discovery of abuse or neglect; 6. If ch:i c. ;Lit in jot; descriptions reilu;red by the L a;tr .nt, i(�L' f r ,3 'ir \i th ;.;-/s; qua;ificatiais will be assigned to fill iftiGiLioo,3 t :1 :,': 1‘;ritti:;i1 ,:(11" .jii.c3.-itad by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose c.nnr i = i% t t y a� di i ft criminal indictment involving lving an offense against tie persci.i, an oli.,:onse against trio tani;y, or an offense nvol v;ng pdbric incx;cency under • ho T 'Portal Code as amended, or an offens,i; .� r )e , r er ); of t, c-?, \} -a Health arid Safety Code. This verification ard disclosure will be required of all who have direct contact with Cents ..- Vi:re. - . S W; &i ciient to such contact or accos, and s ::1 * .; h- •t l; i) c i .c:.-,rough use of r% a criminal history background no . a G;CtliELi by a n ..:-Droployee or volunteer testifying to this information, both c T which shall be maintained by the Subcocitractoi'avalable for i eivr Ul! by the Escal Mg r is or the Department and rail w eci av # iio years. 8. Comply lr' GE 1 i a'_ and x ;'sing ana c iif1ca ion requirements, ilea& 3afety stanciaros, regulations prescribeo by the D1-11-1S and T 'I r 9. Aii iiitan art: , .)'d =r• , r R . ui .die :i : s u ed -,ii,.,lif-sLrartt to the Clean 1 ;) ; -, 2 JZi� '1 seq., .r-ip, ; •;; : , arid tile edci 'Mater Pollution Control Act, 33 LS01251 et seq., as am m, r 1 : : 10. Imme,.:iial.eiy ; m •!ra a nt, officer, employee, representative, or volunteer from direct client contact who is alleged to rav committed child abuse, negi t, 1 plOi:: am, or pn 11 r', :; c { cinst the e' n. are oliense against t� the ' arn4, or an otr6tise involving olvin sic Linder Oe -Texas Penal Cede ai ar 4 r , or an offense under th Texas Controlled ub t nc s Act. If it is chitermineo t1 the .- r m10 or volunteer has not ' not Qommitted such off e ,:c"' ; .• . . 4 p ar ;8 it } 1 " t direct client c itact; rov; : 1 . ,,,v ` e , the n ot4 r Fiscal Agent and tha Depaitment el tts in-Cent to r _sign wahin ten (10) working days prior to the reassignment. .T Subcontractor MLiSt. provide the Fiscal Agent and the Dep8rui,en i rr! i. :; r? concerning n4 .he ihe reasons on for the reassignment upcn the request of the Fiscal Agent or the Department. If the employee r volunteer is found to have committed any of the offenses listed in this parrtgr3ph. t F ( `: to ' e or volunteer shall not be reassigned to duties involving any direct contact with pints. Subcontractor may request that the Fiscal Agent and tart, =ant wive this Contract provision with respect to a specific employee or voh.mteer and s.oecific misdemeanor charges; 11. Federal Financial Participaticn requirements in accordance with Titles 45 and 48 of the Co::!e of Federal Regulations 2.nd Federal circulars, as amended; � w r. s �4 S� - ! 4+.� /� ..� • . f. a t 1' * # � i- F F juJi /s • � i w; a : y+ ;.� . .J ew_ t er p w y es o tasr i l l ee r igs and •'* ••Ft �. *.� 1 .,� •, ;�. r E �S ~ �.� �,r fa/`' 1' l: t s rc.q ., �r _ � .The e :e� of Fiscal gent} an , 13. Mandatory' star n and and policies re Zing to energy ffi i ncy which are contained in the State, Brie gy parr issue d n compliance with the Energy Policy • rid Conservation ikot C.:•ublic L g4-.163), as amended. B. The Subcontreiitor shat viirittert part &p ,; and employee ee grievance prooec u ves on i ;te(1L vvith appricabe and Scat: lequirements. The Subcontractor shall establish and maintain compl int procedures to resolve all compia4i-L; ���arcyu,i(.4' }cr Gontracl. C. As subcontracts aid s p Tier contracts become necessary to carry out the req irern r1+Ls i.Fi t. , Su c: ica for covenams to make a good faith effort to contracil i' tt hist.c;ica;iy unt eRiT ti : d of disadvantaged businesses certified as such by t he f.itilta ot .1exas. Subcontractor shall make a good iaith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier- corTa-aci:z., for frie piformance of the: activitics reqL4ed by this Contract to historicaliy un6eiviilized or disadvaniageo ousinesses. iri i rya �� ti'!i• •��:ir. -.rr .a a as a'a u .irmi }a4 -�- a Y !h Health and safety. to 'id i Ris urider F .d rai, State and.ieica { laws are applicable .c working ( :z nc . o' y of r •a t ici . a nrt 1 in tn i Contract. With respect to any participant I, r ro crim uhrjec tflis Contract who is engaged in activities win ara not covered by healtn and saiety standards under the Occupational Sal :6 N; anti Health • : f 1973, as amended, the Fiscal Agent and the 1 �4 r �•w �. ��w such ... t � i �S r•3 �r ,� +w # ��/ the Department may r cri . 1 .�� r fc a' .;, f1 be necessary' to i-ot t h health safety of scar participants. SECTION } .�,■i�Wi iii.����. as v.r�a* A. \h r Su bc: n'ri i+icte r . . 'd: i. ! ^ir iEi,! .:.1 entity with #!_itilority, the following provisions -F� �: � i!.. _r1 7 - - Pie pr iivic. i. cl e� i a�l",_'�. ;, `1 protective #. XK F V I � 4% #� Y. 1 1 [ � .. f ' �. i. � �+I! l; �'J � � \€ � � � � hr � � � 4/ i �� ■ tecti services /�.�'I e . i e . ' 1 �l �` ` [ * !• r- ��, �!� :. he Subccriti.actor shall obtain and furnisn proof of the -1:oliow;ng bonding and insurance coverage within forty eight (48) ho l.r3 D-f 111E, talha:Ki of this Co.vce.;-,t or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty Dr.nding under a f',crnmercial crime prAcy or business services bonding, at a $10,000.00 r,-.ftlircium r,ir up to the Cortract amount, whichever is greater; 2. Commercia. Get-1r1 1..:abily Coverage it a five hundred i:housaind dollar ($500000) mininrium for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be prove,3 with I) days notce- of policy or on canceliation, intent to floi: rencw, or rnatenal change n thc policy or bond; 3. Autoro.-;i!(. th€: baiiE4d foirn ;app!icable if Subcontractor uses a utomobile, WcietiGr ovv:hE:c, leased, or non-own-3c, in conducting its perfortrance under this Contract, is requ:red which shall have a minimum required coverage cf $500,000 combined single limit. In the event Subcolitrator recu:e t. £rre, voluntears, or other agents to uti1iz il)6ir aorliobiic.is in iti8 peilovmarice (Y.' this Contract, Subcontractor shal! SCC..Lire and 1.1a1ritair file fron-1 all such persons a self-certification of such c.;(3wag; ai 4. Workers ccrnpereition ard adeo',..a.,:e on-site medical and accident insurance stial cc ,;;;L plciyaes 6.1)(i eniDlied participants, respecLvvroly, dJfr F IC2LZ JdI cipit ac.fijvity. Workeis' compensation cove(age s ah L equried ot all organzations serving as Griployers of record for any' )cp.int whath3 :. that orgoinization the Subcontractor or a third party, rticiciciai arid accierierri: suiarc sheii be required to all non-work sezting and c,.:assi.Join iyaining activibes to participaras not qualifying as employees under twiTk,ws' corroensation laws. Participants who are erriplo pven comparable benefits afforded by the employer to other employees of similar standing in tne employer's workforce. B. All coveracle illutct ',C,131.1, I once. cotTiparIet;a; -;'or financial purpoizes-1;i' or bkAter wIric)3e poVicks cover located in the SLe o Texas. All bonas, pie', arid cvai crbQ axe be mainairied during the entire term ;Li' arr,,, coveracjo or oc,r10 racluired herein shah be rti.r.iac,n of ;\..;o111.1-,c.,i. Cortra awarcleo shall be 'immediately cancekd. C. The L.)3par,-.:71,-,2-t al! or insurance requirements at its discreon. D. When v4ith taxlny ;--;;,,I.hority Subcontractor sha1 b tequii--fo '13 provitl: tn;-2. workers' wmporisation insw•a(ice coverage, as set c 111,11_ Irioarilni.[,GL1tc.1-1 provisions - 32 - contained in Section 19 (indemnification) of these Standard Terms and Conditions. E. The F i c } t gE,ri t C lnifi 2 e --+ Yd r on :l poLcies named above ana !iiuch # r id of tm cai ca €: ! or materially ateriall y h rlged unless, days prior to the effective date, a wrt h n notice is sent to the Fiscal Agent at the address specified in t1 i : Contract. 'n ;e s waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION . BARME T AN F ' :I IO lki w.r�rrii rte• - �wraw�•w,� A. The Subcontractor r ll compiy with the Fe ara1 re kuIat o n !m lamenting Ex ti V (. i ci r # C.i .4 , L 1i aJy # F r � + i l and S u p nsio , 29 CF a P a R 98, , ar nd d, and, in so � ,gyp; ovide t i : �-. i s Agent WWI " Department, upon Subcontractoris signatufe and execution of this rntract and prior to Fiscal Agent's ex8cution of this r tt act, a ceriiiication bearing the following statement: Sir -r certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily, :; 4 i Ifx” pai ikplit!tm this transaction by any Federal department or an. A copy i this c rt i e and I egulatk ri;i l•i l be provided l- uiocontrac or by Fiscal it-tgent. B. Addhtion ll . the SuVornr-iety shah h urnp ly with this regulation me requirement with regards io its subcc,ntract3rs. u oritr ctori shall require the same certification from its subcontractors, wNch shall be forwarded to Fiscal Agent along with the cequ6st for Sub-subcontractor approval as required by Section 8 (SubconLrai:) • y e n ri s and i ti i *i . SECTION , l t‘O`a Ci .' : i,: ,: 11s� 1 T : er RFGARDIIV.1 PATENT AND COPYRIGHT yYiir \iY •f��+ 1•ii #r• .iL +ryy .•r•i -iiw ri.. + -Lm isi If ■ilf.rYi Yii rra iY.yrasr i�•sr •ais aaE���saasau��r.sa ��aasa Sao #++�f s�-F•�Yrilr�l��► II FF ING E F z ��iri■ - rww•�.�r� A. In develcping, o yira, rL- !ports or other inforrnetion under this Contract, toe. 1. Grant to the ciri = rii. the right 'co copyright, use, feproduce, and distribute any material rial written or pcoduced by .d-.e SLj on r t I' tnai s the subject of this 2. L ri - 1 9" ++•' . t R ta i Texas, the i : t Ar.., -) on the issue i nfr. c �r : r nt of any y cop ri 'it s- _ �.; �.l, _� .t, cr any product part, supplied by the Subcontractor to tI -k: - � .. _y� � : �. {- - �.' { � l•. , r11 , i l ti . x• }til •..:: � r��+� � � ui .� oor itr t r will �- r P_pi{ o0nfc e t- fn : any •F wr judgment entered against the State of Texas, the Departrnent, or the Fiscal Agent on this issue in any SLiil or drocee-fir.y Subcon'cactx. The Subcontractor wit! .ekveci of thiE. ;f, 30 days 3.fier th Fiscal Agent and De.pEirtment the F:; Agent or Department fails to notify the Subcontra:Acr cti• aly suft, or proceeding and, at the Subcontmctoi's expinse, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas, B. With respect to any invention resulting from this Contract, the Fiscal Agent and the DeparYilent have a ri,onexciusve, irrevocaole, paid-up license to practici ef ;lavu !ftventiori throughout the world. C. The Sub.x.);to; 1.8por, to the 1-:;sc;a1.,(Agent acid t Department within 30 days and ir reasonable written Jea ch rtjtice ot dairri of paient or copyright infringe:116;1i basc..a cri perrriarice c4 •dris Cont.iac ..'. of wh;cli the Subcontractor ia Knoyviledge, ID. In the even E of any c!Etim or suit against the Fiscal Agent or the Department on account of any E'fljegad patent or copy:4;11i infringement arising out of the performance c-;f-- thk Coritt act or out ot LI-c) of any suppres furnished or work or servicGs u(ickx this Contract, ra stialilurnish to the Fiscal Agent and the Deparinyk.-ot, when requested, ail evidence and information at the exiDanse the, rc.a 1-tgaiTi: 31 the bepritent except \A/mare the Subcontraci.or -aprod indemnity !tte Iscal Aqc.,,a, cr ui bepartment. E. The Suocc.)rthactc.'ir aprees L nciude, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 21. f:t; SC LC) Cjit,INDENTIAL INFORMATION, Subcontracf.c)r awes:4s tc, yr a'rtaki the conikient!a!ity of any information regarding applicants, pu_)plaril Dariocii5ar*,-.s vvch may be obtained through apirAcaltor. forca3, 1.1rviEyvvs, tests, i-epoils from pabl,c, o4-jericies or counselors, or any other SOUri:e, periniS;i0i1 d the .?ppiicant or participant, such information may be discioseo only as necessary for purposes related to the perfornnarice or evoluai.ic c mis Contract ana 10 persons having responsibilities under this Contract. lipupeontrastor's ioforrnatioo may be subleet to required public disclosure under the Texas F-V.Dlic informatic.n .A.ct, Chapter 552 of the Texas Goverrirri.,NA Cc: • .11, IL F r • SECTION' t All notices vnd mada il':77.rt:leS i TeiY. -Its otherwise specified, bie r 1.1jrd1c4 c-ka,i\P?re :1 or riCiti3a specified on the Cover Sheet oadie3 •1-Mange noti<;e addresses upon five (5) written days ficiiice other arty. notk;es or i-eciiiesL aft.3 deemed given upon actual 1i r 1 i� -i t: - ;e same with h ti'i U.S. Postal Ser,icra, properly addressed, pcstage prepaid. cerffiod mail, return receipt requested. SECTION 29. GENERAL, ST NDA4I S OAF PERFORMANCE A. Subcontractor agrees that the !evei cf services and activities performed shall be maintained in accordance with the terms arid conditions of this Contract. B. The Performance Measures, Attach n A-1 to this Contract, Statement of Work �'� Y f�� +� if-• this : ;��' �.+I\.w t' -� *`T F � -1 # •� � Y ��r� `\ I /'1 I Atta hrrii Fit •- - ,. �, `;is i`;.' �. t, bu g l_. J i.ac*hm nt 3- 1 �. � tI �� C ntr ct, and Budget i`raf:v :, ac imt i; i to this Contract, constitute romi d performance e un der this or LriAc . If u : ;oiiti` c` o: pails to meet the performance goals for any monthly period as specified under this Contract, t, this Contract is subject to i+ rt !::"t !',} :v=') ;*-)(1',r:T'I.14.1.riCre r _t ihiS Contract. SECTION 311. Lkfl asrr.•, sr. �r. k. �rai...,�rra..atrraw�....,.a'rw w...s,� A. All oral or writen agreements between the parties relating to the subject matter of this C ntM2 c" "r d c.r, r i'x i c ic rr of t f :; Contract ipf r• 6 (: n incorporated herein. C. Sul' t i'a r irk -,es & nu arid gte g i t the Attachments designated on the Cover c: l of t::s r itE ck .+:.c a ppwl of this, Contract and cocistitute promised �k fw -+-, f1 r +a 5 � A kti -•. 'a N. =-r s•t �. "f � ; k ! # " �' fr + *• i T /� pei c. i"r ria z : E TI �,s 1 iNG This Contract is at zth t re -c;' ing :Jaz upon the rira iab f #' ;' and . pit of Federal or State � W11:7 ± J � � � �* � � # t + r S r fl r G Contract; if funds for triis Contract nti c , a r; o : un v ila. if ci!.. ring any budget period, this Contract may be immediately terminateo or reduced et the discretion of the Fiscal Agent or Department. The Fiscal A e ; 's w i ad . )nn is coraingent upon tile availability of funds from which payment for the ContrPet nen be made. No legal liability on the part of the Fiscal Agent for pa m. of : `, _Ti . A E;-! until funds are made available to the Fiscal Agent. SECTION' 311,, t_ r t wa�r.�,a. xa�s"'rw •. � +r w _ r � w �r.�� . a �w i � r r •r { '1a 10 ar■ rs e A. C b O n ,;.r. 'chat tra i r , COti n Ec yti and other professional E'nd paraprofessional staff shall roe properly certified where required by the Fec r , tiat a bc,or. r t r :- s to ensure that Y' instructors, tl t' k COLIRSeiCAS p:o.fesonal and paraprofessional and other staff shall P) i .ex pe ie r1 F G' / the skills, , 5 -- knowledge, and ii i S reces3ary to ne -form the duties of -? position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certificariono B. Staffing personnel rat = t I mPintaired t t'le level negotiated and contracted for between the S. b ...;#nir - ctcr } Ul' e Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontrac,tor agrees and understands the performance of work proposed, } • to =.s , r � ' i �l at the :eve: &greed upon at initiation ut tits : ;[ {ti +. t :.t. Any fro these requirements MUSt be reported to Fiscal Agorht. F rnaIitain qualified personnel, the required level of performance, approved curricuk,n, a rlc other pertinent quality control standards required t*.r1 4 the .�� 4~ � F � ; /A # �* Frt- - ' .1 I. � .,,s .�� a � 4- � !•- l � f. '��* 1 � ♦ � \ L I- ; �, y ,3 , .�� � r �. r a s :- it ,'nay n t to c! a b ;ea � of this Contract, CoitJ of by the Fiscal Agent or' the De ar mem:, aod of amounts to Fiscal al Agent or Department SECTION 33.. 7E NA C .1 MY• l.iilWFlF #10PM�+ Ifthe .' � •� � � � .,� .� �� +x r '� +�[ •.� �. �yi� � tip' Y* *� t■f���'�'`�3�++�i�� t. to 4...��* w�` • !�� f�j (� this I.h�./ �rr � �i �: � "ti4 tiL p1 c i i ..i��V i .1 ►s a ; Jor i �g L is �t.# I vi ion o this Com:ract, the Fiscal .ai 1 nt or Depaivnent cloy, upon vvritten n Lice of default to the Subcontractor, term at ail ( any part of the ntr act. Termination ray be exerciseci in i itIor any other lights c n6 remedies r vid d by law or under this Coi-itracL B. The f i oat Agen ..the Deparunen, based on information arc rn rnonitoring or other verifiable sources, may terminate this Contract for cause or take other acticdns, r {�.��� ��. :: limited to: I' ;L .i s t . r specific S s rrecti e aGt i nn in *er to remain in comp,aoce v I ".h pink cocri:racwai r+ i on; 2. to fC'DU p p K w , ,4 ; k, e T the { u six n1"i actor r impcsia administrative error sarictioos audit tindings of violations of Contract requirements; and, 3. to swperid, place: nt vane or r;ew mo; e any corituactua rights to include, but whbh r;.! o; ii it c t , 1 ` `k "�� "� � l ;. of p ayment, cessation of placement ana r �� •� �# t :L ;# :; � : rigtrt . Fed ci a, ma n cd }udi6ally } call interpreted so ti)a.; r..haity �:: #..� ; fi ryc �+; ; � -per' -f tli ' I`; Contract, and if the parties cannot agree To an arrenrimert ',r : t. would erable u to ti l continuation of the services, tne p . r tIc fi CAP.' o bi � % ti r ;. f . n e r this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this CDriti.aci. !nay � ur de ;� 1 i `L r canceled y giving days advance writt1r' ! f i - ' ip �711� 4 - i Ill imp Ire the end of the en 1+�i1r #'�.1�! ��.# �`�1 � �,i�� 1f r � � 1 ,y1 1 4�:�4� i�� k•i' ±3 �� ���1 Lr� termriated fit ��.+ 30 day period. i..) ;chi:: in ti iE. Sec }ti c ;h &I be onst: ued lc prohibit immediate termination .f o ntra';t pursuant to he sections above. This Contract shall otherwise terrninate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, irk go od faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of service's.. 'r e p : , `ti v accrued ir,1:e;.esis or obligations incurred to date of to l i F i r a 11 x ,4 rnizt r r f rt .' F. The e, r. l rnt �l-�al # o.ap . #n c! : r a c ;- k .:o its t �'� t!~ S # orikra t r is r found :ia ie for a a "tai ` , karise, t nifk;ate or per r of any kind revoked for Medicaid fraud. The Fiscal Art shall also suspend o revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency lister in A.t: lc 11 cf ier l Appropriations Act passed by the 75th Legislature of the Staize cry` T .; (,:.' , may be n amended.. d. SECTION 34, r,. rN, G 1', �' •.F.� • 1y Yf1s, F /r +! r,Y. ,. i� �`riu_ a J�a4 � ... •a. � i ri ,.I �. 1, The Subcontractor agrees tie .financially liable iior undue delays or failures in Contract performance except fo u &,-tv delay .iaiiuire of performance of any {.e uirem nt caused by fork-de m jeu 'e . .. $ o r causes generaliy recognized under Texas law as constituting impossib:a conditions). Such delays of Failures t o perfum shall extend the period of erforma:-ice at the discre:kmi of e Department, artment, in the exercise of reasonable diligence, until these e e i enc es ha4e been removed. The Subcontractor shall inform the Fiscal Ages n and .the ;art r•ft in wriiing of proof of such force majeure within three business days or otherwise naive thi.s right as a defense. The Subcontractor agrees th, t fmtitic !r--:sral Agent or Dena :rent to reduce or stop payments, i I alt = &ti ' Con+fact., collect partial or whole payment for 1 services not titrir !'1,' 6civazr9c1, dairagez induding the amount of any bond tot Ct rx�.� • any cither remedies . vait bi t:he Fiscal Agent and Department rtme IJ der tiw teri-rs t� � ;t y, or under law. SECTION, # f `� V �1 --Y , � '# a, ■ : Subcontractor an F i r_•a! ; :E �_t s?-:al; meet at !east monthly to review Subcontractor's performance 't ;fit .U! t '{.,tor is r ne ttur a! ..Derforrrance measures identified in .F t :- •,` ~� f. SECTION 3C.. ` r ��• *} saa; " -r - • 4•• •1 w .!1 -i �-. f *4FA . ■ \ w 1.1 t11ii �liti rii �i t rrlt r a -Y�w■ If the I..` is a.i Agbrit Q iz ;i 1.i on that S bcc ri w.i3 ;•. 1- is not meeting all performance rrteasures ire f tt chn t A -1 or if Fiscal Agent determines in its sole discretion that u onti ac is not in om plian with all provisions cf the Contract, the Fiscal Agent sh J r u + -� : � -# � : ; }x { F �." �� . � � deliciency to Subcontractor and Fiscal Agent may suspertc. payments. : :c" CDnfrador until such time s Contractor is in full compliance w i -, th.3 pc,?.rfoi -rri r, w asill. ":1' a: id all they provisions hi this contract.. SECTION 37. REPAYMEFI. ,' .J� . D . ;f1lr* Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal Agent's written demand .;:cr rep,?yrnent if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1 which relate c : number of utii ptic t gut : sal -' ed, timely + .bmi ion of billings and monthly S:3.1 %/ eC 1C), percentage of parcicipants involved in r entori ig comp' asset 8 ' "kie ;ti in tial and follow up asset surveys), completed satisfacocii.i youth have increased assets, CYD par c' r t er i e z;ervices as effective and percentage of non referred CYD o d` CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2008 -2 This contract "contract") is entered into by the City of Corpus Christi ("city" or "Fiscal Agent") and the following named Subcontractor: CITY: UBCO TRACT F : City of Corpus Christi-JAC/CYD Communities In Schools, Corpus Christi 226 Enterprize. Ste. 104 PO Box 331203 Corpus Christi, TX 78405 Corpus Christi, TX 78463 -1203 Telephone: (361) 826.4028 Telephone: (361) 361-878-2304 FAX: (361) 299-1410 FAX: (361 361-878-1410 Contact Person: Celina Pulcher Contact Person: Veronica R. Trevino Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program "CYD" funded by the Texas Department of Family and Protective Services "DFPS ". This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2007 Through: August 31, 2008 FUNDING OBLIGATION: Not to exceed $ 176,000.00 for FY 2008 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved . -- By: Name: Title: 2007; City of Corpus Christi George K. Noe City Manager Subcontractor: Comm In Schools, Corpus Christi By: Name: eaom'epi W, 17reverro Title: E)ce1i'%f E 'r . 1 . Date: -- i i -- 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Communities In Schools, Inc. TABLE OF CONTENTS Pape N. Contract Cover Sheet Table of Contents 1 Contracted Performance Measures (Attachment A-1) 1 Statement of Work (Attachment A -2) 4 Budget Information Forms (Attachment B -1) 11 Reimbursement Request Form (Attachment B -2) 15 Budget Narrative (Attachment B -3) 16 Standard Terms and Conditions (Attachment C) 18 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements ents 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Year 2000 Compliance 14. Taxes 15. Disputes 16. Independent Audit 17. Prevention of Conflicting Interests 1. Fraud and Abuse Prevention 19. Indemnification 20. Sectarian Involvement Prohibited 21. Political Activity /Lobbying 22. Non- Discrimination and Equal Opportunity 23. Health and Safety Standards 24. Insurance ' 1 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment of Funds Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Attachment A -1 Communities In Schools, Corpus Christi CONTRACTED PERFORMANCE MEASURES (community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals /objectives. Outcomes relate to behavior, skills, knowledge, attitudes, values, etc. The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2007 thru August 31, 2008. Output ##1: Number of youth served Indicator: Number of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early intervention Services database, which will be September 1, 2007 through August 31, 2008 for the initial contract period as established through this RFP. Unduplicated means participants will be counted once only during the contract period to determine this output, regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s /he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s /he receives her /his first service during the new contract period. Target: 900 Note: If adults will be served, a separate output measure will be included in the contract for those participants. Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 5 days after the close of a month of service. Target: 90% Output #3: Youth served under the age of 10 years. Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual service. If the cap is exceeded, those youth may be considered ineligible and costs may be disallowed. Target: 20% Output #4: Participants involved in mentoring services Indicator: Percent of youth involved in mentoring services are within the targeted grades (4th 8th) Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow-up (post) asset survey. Only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYO program, will not be included in the calculation for this output. Target: 8 %. Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow -up (post) asset survey. Note that the follow-up survey, and not the initial asset survey, contains the satisfaction questions. Target: 50%. Outcome #1: CYD youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYO services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow-up (post) Protective Factor survey. Follow -up (post) Protective Factor surveys will be completed Follow -up (post) Protective Factor surveys will be completed between 15 days prior to and 15 days after the four month anniversary of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first. Target: Minimum net 10% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that participate in multiple services, one survey should be completed corresponding to the first program service in which they participated. Target: 80% Outcome #3: Non-referred CYD youth Indicator: Percent of CYD youth report not referred to juvenile probation. Target: 9 % Note: Performance measures, indicators and targets are set at the discretion of DFPS and may be changed at any time, but will not be changed without due notice to Fiscal Agents. Attachment A-2 STATEMEN T OF WORK Subcontractor: Communities In Schools Program Name: CIS Illlent rin , Activities, & Employment Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: CIS is proposing to serve seven (7) sites: Carroll High, Baker and South Park Middle Schools and Kostoryz, Houston, Lexington, and Central Park Elementary schools. Communities In School's CYD program includes casemanaged students, who have been referred because of a specific need such as behavior, academics and/or attendance and other students who wilt be registered under activities. All enrolled students, families, and other eligible youth residing /attending a school in 78415 or designated site will have access to these services with CIS placing an emphasis on youth 10 -17 years of ages. Services will be offered directly at school sites. The school sites will provide a safe environment where youth can learn and grow and serve as an information /resource centers for other programs and agencies. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities casemanagers provide include support groups, individual guidance, family activities, homework help /tutoring, mentoringi volunteerism, presentations and information on issues such as drug awareness, teen pregnancy, dill /AIDS, STD's, educational field trips, leadership activities and pre - employment training. Casemanagers working full - time will invest time for preparation, coordination, and implementation of direct services. After school activities will be coordinated and implemented directly by the part -time Recreational Leaders and in collaboration, partnership, or subcontracting with other local agencies or providers. CIS/CYD staff` will develop campus plans that provide a tentative schedule of all activities. Campus plans are flexible documents that outline, assess, and address the needs of the participants and the population of the school. CIS/CYD programs will provide structured activities at seven (7) school sites where eligible youth, parents and siblings are welcomed to participate. Coordinated activities are geared towards knowledge, personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. Activities will be implemented before and during school at the high school and middle school sites. Identified elementary school sites will also include recreational activities immediately after school. Participation is voluntary with a CYD registration form signed by the parent/guardian. Coordination of services will continue to provide additional avenues for students and their families. It also provides a better assessment of the needs and issues of the 78415 area, allowing for a more effective delivery of services. Formal collaboration with the Nueces County Juvenile Justice Center and Corpus Christi Independent School District is an invaluable source of potential mentors. - - A five -week Summer Program will be conducted at a designated school site for eligible youth 10-17. The Career for Youth Program will run for five weeks in June and July from 8:00 am until 4:00 p.m. The program will provide youth the introduction to computer base programs such as Microsoft Word, Power Point, Excel and Publisher. Another component of the summer program will be exposing the youth to career interest within the community and having guest speakers present. 2) Location where services will be provided: High School: Carroll High: 5301 Weber, 78411 Middle Schools: South Park: 3001 McArdle, 78415 Baker: 3445 Pecan, 78411 Elementary Schools: Central Park: 3602 M Ardle, 78415 Houston: 363 Norton, 78415 Kostoryz: 3602 Panama, 78415 Lexington: 2901 M Ardle 78415 3) Inclusive dates of Service: From September 1, 2007 to August 81, 2008 4) Days and Hours of provided services: Services are provided at the designated high school site and middle school sites by CIS/C CIS/CYD staff before school (8:00 a.m. — 9 :00 a.m. and during school hours (9:00 a.m. — 4 :00 p.m.). After school hours at the middle school sites are 4:00 p.m. — 5:00 p.m. Services at the elementary schools will be provided during school hours (8:00 a.m. — 3:0 p.m. and after school (3:00 — 4:00 p.m. Summer Programs will be offered at South Park for five weeks from 8:00 am — 4:00 PM. 5) Numb__ of unduplicated youth to be served /adults to served Of applicable): 900 youth 6) Mentor to youth ratio: 1:1 when needed by a mentor recruited from the community; 1 :15 with staff a) Number of contact hours per wkpr month: 1 hour/week with individual mentors; during program hours at all other times. 7) Describe the target population to be served: The youth of 78415 have a propensity for meeting their full potential due to the p � g p barriers they face. The Data Collection and Analysis Workgroup from Youth Opportunities United indicates that in our local community the following barriers are affecting our children and youth: • Extreme Economic Deprivation • Transitions and Mobility • Family History of High Risk Behavior • Family Management Problems • Lack of Commitment to School • Rebelliousness • Academic Failure Beginning in Elementary • Friends Who Engage in the Problem Behavior • Early Initiation of the Problem Behavior Impoverishment, however, is the primary indicator that has the most detrimental consequences for youth. Hunger, lack of school clothing, lack of home supervision, lack of medical care, lack of financial resources, and lack of life skills are common barriers facing the youth and their families. CIS, Inc. is an in- school multi- disciplinary approach to addressing the needs of the 78415 area. As a year round program, services are based on an individual assessment of each participant and his /her family. The program promotes and facilitates the coordinated delivery of community social services, as well as health, educational, pre-employment/employment, and other support services on the elementary, middle, and high school campuses for the "hard to serve" youth and their families. The CIS/CYD model is the tool used to reduce and/or eliminate these barriers in order to create a positive social behavioral change and reduce juvenile crime in an effort to empower youth to become productive citizens. Since its inception in Corpus Christi, CIS has worked with youth and families with the demographics, social needs, economic limitation, and cultural diversity as the population in the 78415 zip code. The CIS/CYD staff is experienced with the diversity and needs of the targeted populations. The staff has already established tenure with our agency and is very familiar with our students and families. The statistical information obtained from the Texas Education Agency (TEA) shows that the number of students categorized as economically disadvantaged has increased over the past two years. 8) Describe each goal of the service and /or program, including the impact on juvenile crime: Goal(s): To bring CYD CIS programs to at -risk youth residing in the 78415 community that will increase self - esteem, positive attitude and academic performance. Objective(s): In a twelve month period, CYD CIS participants will have increased their self - esteem, positive attitude and academic performance through active participation in CIS CYD programs. 9) How will this servi a be available t families without transportation: CIS has site -based programs at the school sites. However, if off site activities occur, Corpus Christi Independent School District (CCISD) buses are utilized through an agreement. 1 O Describe the "safe assage" plan_ or youth families without transportation: Since CIS/CYD is site based, students are already at the schools we serve; therefore, transportation is not a factor. CIS has a long - standing relationship and partnership with CCISD Transportation Department and Regional Transportation g p Authority. An agreement has been established to coordinate transportation for field trips during the school year and summer programs. CIS has obtained insurance to cover the students participating in our program. During after school programs, students walk home, with parent permission, or the recreational leaders watch over students until parents pick them up. 1 1 }Staffing: Describe the staffing plan for FYO8 including staff supprvision_ancl support and how ade . uate staff in • in the case of vacancies or extended absences will be ensured: CIS has Personnel Policies, Standard Operating Procedures, Directives, and Memorandums in place to maintain the internal integrity of the agency. These policies are reviewed yearly by Management and Board Committees to make sure current state and federal guidelines are being followed. Attracting and maintaining educated and trained personnel is essential for CIS and this grant if children and families are to continue to succeed. It is imperative for our organization to be in compliance with changes in laws regarding hiring practices. CIS/CYD staff, mentors, interns, and volunteers must go through an application process, background check, criminal history affidavit, and training before they can participate with children whether it is case management, activities, and/or mentoring. The background check and criminal history affidavit will be renewed every two (2 years. Staff will be trained by the Project Coordinator in all aspects of the program and in the necessary documentation. Continual support and working as a team builds a strong staff commitment to the CIS/CYD mission and ensures success. The Project Coordinator will conduct job shadowing to assist new personnel in fully understanding the program. Volunteers will have access to on -going training through written information and workshops. Staff will act as advisors to mentors /volunteers to encourage and help in any situation that may arise. In case of staff vacancy /absence, the Project Coordinator will fulfill the duties of the staff. 11. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving -- services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and service Tracking form must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. 111. DOCUMENTATION OF SERVICES Documentation f all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Juvenile Assessment Center CYD ATTIC: Celina Pulcher CYD Project Coordinator City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement burser ent Request. b. Copies of invoices and bills. , Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f, Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES TH UGH MONTHLY ILLIl G DUE DATE September 30, 2007 October 5, 2007 October 31, 2007 November 5, 2007 November 30, 2007 December 5, 2007 December 31, 2007 January 5, 2008 January 31, 2008 February 5, 2008 February 29, 2008 March 5, 2008 March 81, 2008 April 5, 2008 April 30, 2008 May , 2008 Lyi.!Z.III: June 5, 2008 June 30, 2008 July 6, 2008 July 31, 2008 August 5, 2008 August 31, 2008 September 5, 2008 v. EXPENDITURE E SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule - Subcon ra or Estimate of FY 2007 -2008 Expenditures by June 30, 2008, Subcontractor will lose any uncommitted itted funds in excess of $2,600, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten 10 business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule - Subcontractor Estimate of FY2008 Expenditures Month Estimated Percent of Total Ex ar lltur*e y et September 2007 $15 840 9% October 2007 $14,080 8.0 November ber 2007 $14,608 8.8 December 2007 $14,608 8.8 January 2008 $14,608 8.3 February 2008 $14608 8.8 March 2008 $14,608 8.3 April 2008 $14,608 8.3 May 2008 $14,608 8.3 June 2008 $14,608 8.3 July 2008 $14,608 8.3 August 2008 $14,608 8.3 Attachment 13-1 Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept. 1, 2007 thru August 31, 2008 Summary Budget FY08 COST CATEGORY TOTAL L A Personnel - Salaries $ 144,010.54 (B Personnel - Prime Benefits 27,883.00 (C) Personnel - Travel 0.00 2. Materials and Su • •lies 4,106.46 3. Es ui s meat 0.00 4. Other Costs 0.00 TOTAL BUDGET $176 000,00 Cash Match In -kind Match $0.00 135,525.00 Attachment B4 Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1, 2007 thru August 31, 2008 (1a) Personnel - Salaries FY08 A Position or Title B Number of Staff for Position C Average Full ' Time Monthly : Salary D Percent of Time on : Budgeted Position E Number of Months Employed Cost (BxCxDxE) (Total) Senior Case Manager I 1 3,031,92 100% 12 36,383.04 Case Mana er II _ 1 2,431.00 100% 12 29,172.00 Case Manager #1 1 2,701.83 75% 12 24,317.00 Case Manager #2 1 2,362.50 75% 12 21,263.00 Case Manager #3 1 2,625.00 25% 12 7,875.50 Case Manager #4 1 2,083.33 100% 12 25,000.00 TOTAL SALARIES Total 144,010.54 Attachment -I Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1, 2007 thru August 31, 2008 (lb) Personnel - Fringe Benefits {Employer's Share) FY08 Fringe Benefits Based on (la) Salaries Paid Fringe Benefits Based on (la) Salaries Paid Senior Casemanager $7,602.00 Casemanager II 3,497.00 asemanager #1 5,359.00 Case manager ##2 4,368,00 asema er #3 1,524.00 Casemanager # 5,533.00 TOTAL FRINGE BENEFITS $27,883.00 Attachment B4 Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1, 2007 thru August 31, 2008 (2) Materials and Supplies FY48 LDescription and Basis for Cost Total Routine office supplies, school supplies, after school activities $4,1 06.46 supplies 1 0.00 0.00 0.00 0.00 " r TOTAL CONSUMABLE SUPPLIES $4,106.46 SUBCONTRACTOR: Communities In Schools, Inc. CONTRACT PERIOD: 09/01/2007 to 08/31/2008 TITLE: Community Youth Development Program Request No. Reporting Month Attachment B -2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST 1 - 2 *City Use Amount (1) YTD (2) YTD Amount Only Budgeted Expended Invoiced Requested* Arrant. Paid_ Personnel - Salaries Senior Case Manager 36,383.04 Case Manager I1 29,172.00 Case Manager #1 24,317.00 Case Manager # 2 21,263.00 Case Manager #3 7,875.50 Case Manager # 4 25,000.00 TOTAL 144,010.54 Personnel - Fria Senior Case Manager 7,602.00 Case Manager I1 3,497.00 Case Manager #1 5,359.00 Case Manager # 2 4,368.00 Case Manager #3 1,524.00 Case Manager # 4 5,533.00 TOTAL 27,883.00 Personnel - Travel None TOTAL 0.00 0.00 Materials and Supplies Routine office supplies 4,106.46 TOTAL 4,106.46 Rental, Lease or Purchase of Equipment None TOTAL Other Costs None TOTAL 0.00 0.00 0.00 0.00 TOTAL 176,000.00 Amounts expended cannot exceed amount budgeted, 1 certify that the expenditures shown above are true and that supporting documentation Date is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature -15- Attachment B -3 Communities In Schools, Corpus Christi Budget Narrative (la) PERSONNEL EL — SALARIES - $144,010.54 Salaries reflect the projected estimated salary for staff for FY 2007/2008 the Project Coordinator will oversee the program and work closely with Casemanagers in providing services, as well as the recruitment and training of mentors /volunteers. He /she will monitor all aspects of the program and be responsible for the completion of the CYD monthly Status Reports. The Senior Casemanager will be a backup to the Project Coordinator and work closely with him /her in facilitating the mentor component as well as maintaining a caseload on one of the campuses. The Casemanager 11 will also participate in the completion of monthly documentation. The Casemanager 11 and Casemanagers will be responsible for their campus only. They will prepare, coordinate, and implement direct services. All staff will work as a team to provide direct services and ensure the success of the students and their families. All staff is responsible for doing home visits on a regular basis. All CYD staff is 1000 cost allocated to the program. There are no administrative salaries included in this proposal. All administrative salaries are in -kind services provided by CIS. 1b PERSONNEL - FRINGE BENEFITS - $27,883 Fringe benefits include FICA at the rate of 7.65 %, SUTA at the rate of 1.0 %, Worker's Comp at the rate of $O.93%; insurance at $275 per employee per month, retirement at 3% of gross salary after 2 (two) years of employment. (1b) Personnel — Fringe Benefits (Employer's Share) (lc) PERSONNEL EL — TRAVEL - $O.00 Will not be charging the CYD program for travel reimbursement. -16- Fringe Benefits Based on (la) Salaries Paid* FY 2008 FICA II EDICARE 7.65% $11,017 SUTA o $9,000 per employee 4 empl at $9,000 & 2 empl at $6,750-75%and 1 ems' $2,250 — 25% 427 Workers Com • ensation 0.93% 1,339 Insurance ($275 a month per employee and 1 employees only life & 2 em • lo ees at 75% & 1 em • lo ee at 25% 12,404 Retirement (3% after two (2) years of employment): Sr. Casemana • er,Casemana. er 11 and 1 Casemana. ers 2,696 *Fringe benefits include FICA, SUTA, Retirement, Insurance, and Workers Com sensation TOTAL FRINGE BENEFITS $27,883 (lc) PERSONNEL EL — TRAVEL - $O.00 Will not be charging the CYD program for travel reimbursement. -16- (2) SUPPLIES - $4,106.46 Office Supplies - $41O7 $68441/yr per site X 6 sites Routine office supplies for staff such as but not limited to: copy paper, pens, pencils, note pads, printer cartridges, diskettes, markers, binders, adding machine tape, blank video tapes, cassette tapes, publishing programs software, graphics programs software, art and crafts supplies. Consumable supplies are for T- shirts, uniforms, costumes, and other consumable supply needs for students. Consumable supplies also include any article, items, or equipment costing not sufficiently enough to be considered major equipment items and having a useful life expectancy of less than two (2) years, and other consumable supplies. School supplies for students such as but not limited to writing tablets, notebook paper, pens, pencils, pocket folders, scissors, glue, construction paper, supplies for student's use in mentoring and/or activities and any other supplies needed for the student. To purchase supplies such as but not limited to arts & crafts, T- shirts for field trips during the summer program, models, sewing kits and any other supplies needed for the summer program. (3) EQUIPMENT - $0.00 Will not be charging the CYD for equipment reimbursement. OTHER - $000 Will not be charging the CYD program for any "other" reimbursements. Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "Communities In Schools" will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR") Part 92, Office of Management and Budget ("OMB") Circulars A-87, A -122, A- 110, and 40 Texas Administrative Code ("TAC") as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A -122, A-110, and 40 TAC 732240-256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. 18 - SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. c. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per Attachment A -2 of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract. F. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this 19 - Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this contract shall be retained by the Department. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. K. For unit rate Contracts only. The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR REPAYMENT MEN T A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non- Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 6. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten 10 working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-87, A- 122, A -110, 40 TAC 732.240-256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING/REPQRTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services ("DHHS"), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five years after the termination of the Contract Period, or for five years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self-evaluation report within 45 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. - 22 - SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non-governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non- governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub- subcontractors signed by an official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery, A similar statement must be signed by each Sub- subcontractor who will provide services as part of this Contract. Each Sub- subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. - 23 - SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department ent in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent wilt provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditjng, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal - 2 4 -- Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non - compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow-up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property - 25 - will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. YEAR 2000 COMPLIANCE CE Subcontractor has full responsibility to anticipate and mitigate any four- digit -year related events that could adversely affect the timely performance of this Contract or the date- related operations of any goods, files, or services provided pursuant to it. Subcontractor warrants the fault free performance in the processing of date and date- related data by any product developed and delivered to Fiscal Agent pursuant to this Contract. Fault -free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four- digit -year elements. Subcontractor further agrees that four - digit -year elements will be used in any electronic data interchange that may occur with the Fiscal Agent as a result of this Contract. Subcontractor shall not be entitled to additional compensation or additional time to perform these obligations. SECTION 4. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form 2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non-discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 16. jEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. D. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. - 27 - D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 28 - SECTION 18. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 19. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses. for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub- subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (70) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PF OHIBITEI Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti - religious activity, worship, or instruction. SECTION 21. POLITICAL ACTIVITY/LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code "lose" 1 352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 22. NON- DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV); 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiali rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten 10 ) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the - 31 - reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor r charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12.Allo w any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION . INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty- - 32 - eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $1O,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars $1,o o,000 minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non- owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non-work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions 3 contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub- subcontractor approval as required by Section (Subcontracting) of these Standard Terms and Conditions. SECTION 26 NOTICE ND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered 4 against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However Subcontractor's information may b _subjectto required public disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. SECTION 29. GENERAL AL STA fDAR S of PERFORMANCE MAI CE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A-1 to this Contract, Statement of Work, Attachment A-2 to this Contract, Budget, Attachment -1 to this Contract, and Budget Narrative, Attachment B -3 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 3 . ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT PN.EUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. IRAINER qUALIFICAT!ONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shalt be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. JERMINATION A. If the Subcontractor fads to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article!! of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE MAC CE E IEW Subcontractor and Fiscal Agent shall meet at least monthly to review Subcontractor's performance to determine whether Subcontractor is meeting all performance measures identified in Attachment A -1. SECTION 36._ SUSPENSION of PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract.. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A--1 which relate to: number of unduplicated youth served, timely submission of billings and monthly reports, youth served under the age of 10, percentage of participants involved in mentoring services, completed asset surveys initial and follow up asset surveys), completed satisfaction questions, demonstration that CYD youth have increased assets, CYD participants perceive services as effective and percentage of non referred CYD Youth to juvenile probation. CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2008 -8 This contract "contract") is entered into by the City of Corpus Christi "City" or "Fiscal Agent") and the following named Subcontractor: CTY: SUBCONTRACTOR: TRACTOF : City of Corpus Christi-JAC/CYD Planned Parenthood of South Texas, Inc. 226 Enterprize. Ste 104 3536 Holly Rd. Corpus Christi, TX 78405 Corpus Christi, TX 78415 Telephone: (361) 826 -4028 Telephone: (361) 361-855-9107 FAX: (361) 299 -1410 FAX: (361) 361-855-6822 Contact Person: Celina Pulcher Contact Person: Amanda Stukenberg Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ("CYD") funded by the Texas Department of Family and Protective Services "DFPS ". This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Dover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of corpus Christi under this contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2007 Through: August 31, 2008 FUNDING G OBLIGATION: Not to exceed 26,651.00 for FY 2008 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved _ _ By: Name: Title: , 2007; City of Corpus Christi George K. Noe City Manager Subcontractor: Planned Parenthood of South Texas, Inc. } By: c'a Name: V Title: k CC Date: 0 — -- 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Planned Parenthood of South Texas, Inc. TABLE OF CONTENTS Page No. Contract Cover Sheet Table of Contents Contracted Performance Measures (Attachment A -1) 1 Statement of Work (Attachment A-2) 4 Budget Information Forms (Attachment B -9) 11 Reimbursement Request Form (Attachment B -2) 17 Budget Narrative (Attachment B -3) 18 Standard Terms and Conditions (Attachment C) 20 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements ents 7. Record Keeping/Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Year 2000 Compliance 14. Taxes 15. Disputes 16. Independent Audit 17. Prevention of Conflicting Interests 1. Fraud and Abuse Prevention 1. Indemnification 20. Sectarian Involvement Prohibited 21. Political Activity /Lobbying 22. Nora- Discrimination and Equal Opportunity 23. Health and Safety Standards 24. Insurance 1 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment r ent of Funds Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) 11 Attachment A-1 Planned Parenthood CONTRACTED PERFORMANCE MEASURES (Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals /objectives. Outcomes relate to behavior, skills, knowledge, attitudes, values, etc. The City of corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2007 thru August 31, 2008. Output ##1: Number of youth served Indicator: Number of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be September 1, 2007 through August 31, 2008 for the initial contract period as established through this RFP. Unduplicated means participants will be counted once only during the contract period to determine this output, regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s /he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s /he receives her /his first service during the new contract period. Target: 300 youth Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 5 days after the close of a month of service. Target: 90% Output #3: Youth served under the age of 10 years. Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual service. If the cap is exceeded, those youth may be considered ineligible and costs may be disallowed. Target: 20% Output #4: Participants involved in mentoring services Indicator: Percent of youth involved in mentoring services are within the targeted grades (4th 8th). Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow-up (post) asset survey. Only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. Target: 80%. Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow -up (post) asset survey. Note that the follow -up survey, and not the initial asset survey, contains the satisfaction questions. Target: 50%. Outcome #1: CYD youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow-up (post) Protective Factor survey. Follow-up (post) Protective Factor surveys will be completed Follow -up (post) Protective Factor surveys will be completed between 15 days prior to and 15 days after the four month anniversary of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first. Target: Minimum net 10% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that participate in multiple services, one survey should be completed corresponding to the first program service in which they participated. -2 Target: 80% Outcome #3: Non-referred CYD youth Indicator: Percent of CYD youth report not referred to juvenile probation. Target: 95% Note: Performance measures, indicators and targets are set at I e discretion of DFPS and may be changed at any time, but will not be changed without due notice to Fiscal Agents. 3 Attachment A-2 STATE E I T of WORK Subcontractor: Planned Parenthood of South Texas Program Name: Youth Responsibility Program 1. SERVICES TO BE PROVIDED 1) Describe the service to provided in detail: PPST will provide education, group mentoring and pre employment and recreational activities for 300 youth aged 10 -17 with a goal of improving life skills and reducing juvenile violence. The program will have four strategies. Three of the four strategies will be offered at middle and high schools within 78415, working in collaboration with school counselors at the school sites. All programs would be voluntary. Three of the four are 26 week programs held before or after school on Baker, South Park and Carroll campuses for 110 youth. On the two middle school campuses, separate groups will be offered for girls and boys; on the high school campus one co- educational group will be offered. The fourth strategy will be offered at PPST's Dillon Lane offices and Holly Road offices throughout the entire year during after - school, weekend, and summer vacation hours where 20 youth can enroll in community service programs and learn pre - employment skills. This is an ongoing program where youth can drop in and the length of participation for youth will vary. Strategy 1: Young Men United The Young Men United MU project will provide before and after school mentorship, activities and life skills training to 30 middle school boys, 15 young males per site at two middle schools in the 78415 zip code. The twenty -sic week program includes information, discussion and activities to improve youth's skills in goal setting, decision making, communication, refusal skills, budgeting and planning for employment/college, and building healthy relationships. Topics covered will include taking responsibility for one's actions, peer pressure, bullying, hazing, harassment, fighting, smoking, alcohol and drug abuse. Activities will include parent -child events, field trips, community service and graduation ceremony. The program is based on the Stay Smart curriculum, and draws also from the Jovenes Con Palabra curriculum which emphasizes the importance of young men learning respect and responsibility for themselves, their families and their communities. Strategy #2: She Thing The She Thing project will provide before and after school mentorship, activities and life skills training for 30 middle school gins, 15 female youth per site at two middle schools in the 78415 zip code. The twenty -six week programs information, discussion and activities to improve decision making, communication skills, goal setting, building healthy relationships, refusal skills, budgeting and planning for job training, employment or college, and understanding media images and messages. Topics will also include peer pressure, bullying, hazing, harassment, fighting, smoking, alcohol and drug abuse. Activities would include parent -child events, field trips, community service and graduation ceremony. Y The program uses the Girl's Circle curriculum, recognized as a "promising approach" in the Model Programs Guide of the Office of Juvenile Justice and Delinquency Prevention. Groups will encourage mentor -like relationships between the participants and the adult group leaders, while providing ongoing opportunities for learning life lessons relating to career goals, communication skills, decision-making, violence prevention, healthy relationships, as well as opportunities for volunteering invited community service. Guest speakers will be nvited to enhance students' interests in career exploration. Participants will develop positive relationships with peers and adults; communicate feelings and needs effectively —using words; show empathy; treat self and others with respect; explore options before making decisions; make healthy choices regarding nutrition, self care and activities; avoid sex; avoid drugs and alcohol; creative a positive female identify; set goals for self related to education and the future; seek adult help to reach goals. strategy #3: Teen Talk PST will provide weekly during and after school programs for 30 high school students at Carroll High School, addressing life skills, g decision making, communication skills, building healthy relationships, budgeting and planning for employment/college, peer pressure, coercion, bullying, hazing, harassment, fighting, smoking, alcohol and drug abuse. The program is based on r the Stay Smart and Girls Circle curricula, and is an extension of the She Thin g and Young Men United programs adapted for high school age youth. The Teen Talk groups are coeducational, allowing males and females to discuss important issues together. Participants will develop positive relationships with peers and adults; communicate feelings and needs effectively using words; show empathy; treat self and others with respect; explore options before making decisions; make healthy choices regarding nutrition, self care and activities; avoid sex; avoid drugs and alcohol; creative a positive male or female identify; set goals for self related to education and the future; seek adult help to reach goals. Strategy #4: Community Service/Pre-employment Training A total of 20 youth will be enrolled in ongoing y programs at PPST's Dillon Lane Center off Ayers or the Center at 3536 Folly Road (within walking distance of Carroll) where they can complete community service hours, learn pre - employment skills, and participate in one -on -one and group activities that address juvenile crime. Issues covered will include harassment, bullying, hazing, fighting, street and date rape drugs, s, acquaintance rape, drug and alcohol abuse, steroids, coercion, stereotyping, g smoking and body image. The program also offers opportunities to learn about office etiquette, communication skills with employers, and career exploration. The strategy will encourage youth to set educational goals that meet J ob requirements, , thereby reducing school failure and drop outs which are key y to reducing J uvenile crime . 2) ipation where services will rovid d: The three school campuses where ro rams will be held p g are: Carroll High School (Weber Road, 78415), South Park Middle School (3001 McArdle 7841 Baker Middle School 3445 Pecan (78411. The two agency facilities where services wilt be provided are the Dillon Lane Center located at 4410 Dillon Lane, Suite 1, Corpus Christi, Texas 78415 (in the Commerce 11 office park where Ayers and Port divide, across from the Department of Human Services office and behind the Juvenile Justice Center on Gollihar), and the Holly Road Center at 3536 Holly Road, within walking distance of Carroll High School. The two centers are both in the 78415 zip code, which makes services accessible for participants across the area. 3) Inclusive dates of Sean_: From September 1, 2007 to August 31, 2008 4) Days anci Hours_ of provided services: The Teen Talk, YMU, and She Thing programs are offered at the three school sites before and after school, providing participants with safe and accessible activities during the school year. By providing programs on campus, students will have access to participate and can address the issues they face on campus. The Community Service /Pre- Employment program is offered year round. It is held after school on weekdays and two evenings a week until 7 p.m., on weekends, and during vacation, giving youth access to programs and opportunities to complete community service when they might otherwise be unsupervised. The Dillon Center is open 8:30-6 on Mondays and Fridays; 8:30-8 on Tuesdays, 8 :30 -7 :00 on Thursday, and 8:30-5. The Holly Center is open Mondays, Tuesdays, Wednesdays and Fridays 8:30 -5 :00 and Thursday evenings until 7 :00. Some of the community service opportunities include written feedback forms can be completed at the office or taken home, allowing youth to work on their projects both onsite or at home throughout the week. 5) N.nber of unduplicated vouch to be served /adults to be seared Of applicable): 300 6) Describe the target po.ilation to be served: Youth ages 10 —17 years of age. 7) Describe each oal of the service an or Drogram, including the impact on juvenJj e crime: Goal(s): To bring CYD Planned Parenthood programs to the 78415 zip code residents in order to reduce the negative social effects of residing in a high crime area. Objective(s): In a three month period, all CYD Planned Parenthood participants will have increased their awareness of life skills to include life planning, independent living, communication, coping skills and healthy relationships. 8) H w will this service be available to families without transportation: Services will be provided on school campuses before, during and after school p g by making the services available at the school sites, the program will be accessible for all youth on the campuses served and will be integrated with their school experience. On the school campuses they will be supervised by PPST educators and school counselors who will help coordinate the program. The community service component wilt be provided at PPST's Dillon Lane Center off Ayers which is accessible by bus service (right next to the transfer station at Port and Ayers) or by car, and also its Hotly Road offices which is within walking distance of Carroll High School. 9) Describe the "safe ass e„ plan for youth/families without transportation: For programs which are held before school, durin g lunch hours, or after school, participants will already be on campus, where they will be supervised by PPST educators until they are picked up by a parent or designated person. Off site field trips and activities will be provided only with parental participation, with parents providing transportation. 1 staffin : Describe the staffin Ian for FY08_,11cluding_staff supervision ands port and how adequate staffing n the case of vacancies or extended absences will be ensured: Staff who will administer the program are in place and have been screened and trained specifically for this program. Volunteers for the program will be recruited, screened and approved by the Executive Director who has 15 years of experience in hiring and supervising staff. All staff have completed criminal background checks initially and renewed every two years, all references will be contacted, and no staff person is Ieft alone to supervise a minor without other adults present. Volunteers are held to the same standards as paid staff. Alt staff and volunteers are evaluated after a three month probationary period, and then annually. Linda LeBus, the Director of Education, has a MS in Counseling and Educational Psychology, and teaches Health at Texas A&M Corpus Christi. she has eight years experience in her current position, plus two years as a case manager for Communities in Schools, two years as a trainer for Lutheran Social Services of South Texas working with youth in foster care, and two years as a substitute teacher. Leon Montoya took over the Youth Men United Project in October, 2005 and has a BA in Criminal Justice. Previously, he worked as a Case Manager for Communities in Schools. Christina Hernandez has a MS in Education and Counseling, and for five years has run PPST's "She Thing" program and Title V programs. Teresa Arredondo is a college student who has worked with the "She Thing" and "Young Men United" programs the last three years. Efrain Franco has a BA in Criminal Justice and has been Project Director of the Male Involvement Project for four years. Under their leadership the number of participants in our educational program has grown each year, and the number of different schools, agencies and groups requesting their programs more than doubled. The youth participating in their programs have demonstrated on pre and post tests their increase in knowledge, and feedback from youth participants, parents and community partners is extremely enthusiastic. PPST provides training in cultural competence to all new hires durin g the first month of their employment and for ongoing staff annually. The annual training is p rovided by the Center for Health Training or other training centers. In addition, all the educators hired for the CYD project have received intensive cultural competency training at a variety of statewide and federal conferences over the past five Y ear. Cultural competency issues are considered when choosing materials for each target audience, when selecting which staff will work with each target audience, and in developing strategies for interacting with specific communities. An Education and Information Committee that reviews the purchase of all educational materials considers cultural relevance when making recommendations. Each employee's annual review includes assessment of his or her abilities to work with different audiences, and feedback surveys are distributed to participants throughout the year to gather feedback from target populations. Alt issues relating to cultural competence are immediately referred to the Executive Director. The primary consideration for dealing with any cultural competence issue is to ensure the program is presented in a manner that is most effective in meeting the needs of the target audience. 11. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD service Tracking Form must be completed for every participant receiving services(s) on a monthly basis. The service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking forms must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. 111. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Juvenile Assessment Center 1 CYD ATTN: Celina Pul h r CYD Project Coordinator .. 8 -. City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking Forms d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH MONTHLY ILY BILLING DUE DATE September 80, 2007 October 8, 2007 October 31, 2007 November 5, 2007 November ber 80, 2007 December 5, 2007 December 81, 2007 January 5, 2008 January 31, 2008 February 5, 2008 February 29, 2008 March 5, 2008 March 31, 2008 ' April 5, 2008 April 30, 2008 May 5, 2008 May 31, 2008 June 5, 2008 June So, 2008 July 5, 2008 July 31, 2008 August 5, 2008 August 31, 2008 September 5, 2008 v. EXPENDITURE Subcontractor agrees that if funds are not expended in accordance with Schedule A Subcontractor Estimate of Y 2007 -2008 Expenditures by June 30, 2008, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten 10 business days to respond. If Subcontractor does not respond within ten 10 business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal g ent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule - Subcontractor Estimate of FY2008 Expenditures - - - - - -- - Month - -- - gstimated - Percent of Total gxpendituj Budget September 2007 $2,212 8.3% October 2007 $2,212 8.3% November 2007 $2,212 8.3% December 2007 $2 212 , 8.3% January 2008 $2 212 8.8% February 2008 $2,212 8.8% March 2008 $2,212 1 8.3% April 2008 $2,212 8.3% ' May 2008 $2 212 8.3% June 2008 $2,212 8.3% July 2008 $2,212 8.3% August 2008 $2 212 8.3% 81 - Budget Information Forms Planned Parenthood of South Texas, Inc. Contract Period: Sept. 1, 2007 - Aug. 31, 2008 Summary Budget FYo COST CATEGORY 1. A B) C Personnel - Salaries Personnel - Frin :e Benefits Personnel - Travel 2. Materials and Su • ,lies 3. . ui s went 4. Other Costs TOTAL BUDGET TOTAL $15,400.00 3,463.00 2,400.00 2,850.00 2,538.00 $z6 651.00 Cash Match In-Idnd Match $0.00 $10,700.00 B1 Budget Information Forms Planned Parenthood of South Texas Contract Period: Sept 1, 2007 - Aug. 31, 2008 (1a) Personnel - Salaries FY08 A Position or Title Education Director B Number of Staff for Position 1 c Average Full Time Monthly S alaiy Male Pro ram (Y1 U Director) Health Educator 1 1 3,250.00 2,625.00 2 167.00 D Percent of Time on Budgeted Position 10% 20% 20% E Number of Months Employed 12 12 F Cost (I3xCxDxE) (Total) 12 3 900.00 6,300.00 5 200.00 MUM ,TOTAL SALADS Total 15,400.00 B - Budget Information Forms Planned Parenthood of South Texas Contract Period: Sept. 1, 2007- Aug. 31, 2008 (lb) Personnel - Fringe Benefits (Employer's Share) FY08 Fringe Benefits Based on (la) Salaries Paid* Education Director Male Program Director Health Educator Fringe Benefits Based on (la) Salaries Paid 1 005.51 Bi Budget Information Forms Planned Parenthood of South Texas Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (lc) Personnel - Travel FY08 Type of Expense (transportation, Purpose (Destination and food, lodging, iea a Total Benefits to Pro a Local travel6000 miles ®,4o Mileke to local programs s $ 00.00 1TOTALTRAVEL $2,400.00 B1 - Budget Information Forms Planned Parenthood of South Texas Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (2) Materials and Supplies FY08 Description and Basis for Cost Young, United, She Thing, amt Teen Talk basic consumable office supplies for 3 a c 1 p1 s educational supplies for 9+outh Total $1,000.00 Ind B cadent :i r & Co u ni ervic : Office su lies an handouts for 240 IC artici ants and lus 20 communt service participants TOTAL CONSUMABLE SUPPLIES $2,85 Bi - Budget Information Forms Planned Parenthood of South Texas Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (4) Other Costs FY08 Descrjption and Basis for Cost Total P int -I and copying 2,538.4 TOTAL OTHER COSTS $/538.00 SUBCONTRACTOR: Planned Parenthood of South Texas CONTRACT PERIOD: 09/01/2007 to 08/31/2008 TITLE: Community Youth Development Program Request No. Reporting Month Attachment B-2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT NT REQU ST l - 2 *City Use Amount (1) TD YID Amount Only Budgeted ended , Invoiced Requested* mnt. Paid Personnel - Salaries Education Director 3,900.00 Male Program Director 6,300.00 Health Educator 5,200.00 TOTAL 15,400.00 Personnel - Fringe Education Director 1,005.51 Male Program Director 1,280.03 Health Educator 1,177.46 TOTAL 3,463.00 Personnel - Travel TOTAL 2,400.00 Materials and Supplies MU, Teen Talk, She Thing 1,000.00 Ind City & Comm. Service 1,850.00 TOTAL 2,850.00 Rental, Lease or Purchase of Equipment TOTAL 0.00 0.00 Other Costs Printing Photo Copies 2,538.00 TOTAL 2,538.00 TOTAL 26,651.00 Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date Attachment B-3 Planned Parenthood f South Texas BUDGET NARRATIVE Personnel -- Salaries, $'15.400 Three (3) different staff persons are assigned to work part -time on this Project. The Education Director will spend 10% of her time each on the project. The Young Men United Coordinator and a second full time education will spend 20% of their time each on the project. Together, a total of 20 staff hours per week are allocated to the CYD program. The Education Director will be responsible for the Community Service Pre Employment Training. The Young Men United Director and second health educator wilt provide MU, She Thing and Teen Talk programs at the two middle school sites and one high school site. By utilizing three part- time staff persons, the program can employ a diverse group of educators from different cultural backgrounds, of different age groups, different genders, and with different specialties. Some are parents, some not, some are college age, some are married and some single. The five staff persons are able to reach a broader range of schools and agencies, and will be able to provide more services to the targeted 300 unduplicated CYD participants than if the project employed one full time person. Personnel — Fringe Benefits, 3,463 Fringe benefits are based on the salary expense allocated to the CYD project for each employee and includes FICA, TWC, health, Retirement and Workers comp . FICA 11 c TWC Health Retmt Total Education Director 299 20 59 544 84 = 1 006 Young Men United Dir. 482 45 0 694 0 = 1 280 Health Educator 398 20 59 700 0 = 177 Personnel — Travel, $2,400 Local mileage reimbursement for 3 staff persons anticipated to travel a total of 500 miles per month x 12 months at .400 (3 staff persons x 500 miles per month x 12 months x $.40) Materials and supplies, $2,850 Each YMU, She Thing and Teen Talk participant will us c $11.11 of consumable supplies and educational materials (90 participants x $11.11 = 1000) Each of the 20 community service participants will utilize $1450 (260 participants = $1 ,850) and various other materials for the programs will be purchased at si , 56 0 . Equipment, $o Other costs, $ 2,538 $1,000 is requested for printing and photocopying of materials to be used during ¥MU, She Thing, Teen Talk meetings $1 ,538 is requested for printing and photocopying of materials for Independent City event */n Kind PPST will provide $1O, 700 for other staff who will enhance the CYD programs. In Kind PPST will cover costs of audit, liability insurance, telephone and utilities. Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "lanced Parenthood of South Texas, inc "will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORIrif Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, state and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR") Part 92, Office of Management and Budget ("OMB") Circulars A-87, A -122, A- 110, and 40 Texas Administrative Code "TAC" 732.240-256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A -122, A-110, and 40 TAC 732.240-256. SECTION 2. INDEPENDENT CONTRACTOR ACTO It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely - 20 - responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractors allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per Attachment A -2 of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract. F. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. - 21 - G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this contract which exceed the total funding amount specified. H. AU funds unearned or unexpended in the performance of this Contract shall be retained by the Department. I. The Subcontractor is responsible for submitting bibs in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval In these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. IJBILITYFOR REPAVMENT A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non- Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. 22 - Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5 S. CHANGES AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent irmediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement nbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-87, A- 122, 1.110, 40 TAC 732.240 -256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING REQUIREIVIENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the I.S. Department of Health and Human Services "Hs ", or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five years after the termination of the Contract Period, or for five years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self - evaluation report within 45 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. - 2 4 - SECTION 8. SUBCONIRACT!NG A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non - governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from sub - subcontractors signed by an official duly authorized to legally obligate the Sub- subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub- subcontractor who will provide services as part of this Contract. Each Sub- subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. • E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. - 2S - SECTION 9. fJBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear In the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective services. D. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete inormation on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11. MONITORING Al SSESSM T A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. 13. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to - 2 G - services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non - compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow-up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERrif A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this - 27 - Contract and take appropriate measures to meet this obligation. Alt such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within t wenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be bone by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent, SECTION 13. YEAR 2000 COMPLIANCE Subcontractor has full responsibility to anticipate and mitigate any four- digit -year related events that could adversely affect the timely performance of this Contract or the date - related operations of any goods, files, or services provided pursuant to it. Subcontractor warrants the fault free performance in the processing of date and date - related data by any product developed and delivered to Fiscal Agent pursuant to this Contract. Fault -free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four - digit -year elements. Subcontractor further agrees that four- digit -year elements will be used in any electronic data interchange that may occur with the Fiscal Agent as a result of this Contract. Subcontractor shall not be entitled to additional compensation or additional time to perform these obligations. SECTION 14. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1 986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non- discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION! 16. j[EPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A -133 (Audits of State, Local Goverment, and Non-Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the 'Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance - 29 with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION OF CONFLICTING INTERESTS ESTS A. Every reasonable course of action shall be taken by the subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 18. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 19. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub- subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department: Such cost shall be due and payable by the Subcontractor within ten (74) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti - religious activity, worship, or instruction. SECTION 21. POLITICAL ACTI IT /LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ( "use" ) 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 22. NON-DISCRIMINATION AND E 9UAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1 964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1 990 (Public Law 101 -336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or state funding or otherwise be subjected to discrimination; 2. Texas Health and safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV); 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other - 32 - information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty 3 percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 23. HEALTH SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. JNSURANQ A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty - eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $1O,000EOO minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars $1, 00,000 minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non - owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, subcontractor shall secure and maintain on file from all such p ersons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shalt be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, - 3 as set out above, but shall also be subject to the indemnification provisions contained in Section 1 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION SIO A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 1 2549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and p rior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, ent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as required by Section (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT fT AND COPYRIGHT IGHT INFRINGEMENT T A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will 6 - pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this contract, the Fiscal Agent and the Department have a nonexclusive, non- transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. F. The Subcontractor agrees to include, and requi cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed ed given upon actual delivery or depositing the same with the U.S. Postal service, properly addressed, postage prepaid, certified mail, return receipt requested. SECTION . GENERAL STANDARDS of PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A -1 to this Contract, Statement of Work, Attachment A -2 to this Contract, Budget, Attachment #1 to this Contract, and Budget Narrative, Attachment B-3 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. C QNTINGENT OIL FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and p ara rofessional and other staff 8 shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1. requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or Other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. - 3 9 - D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article 11 of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 3. EQRCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (Le., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY EF F F M NCE REVIEW Subcontractor and Fiscal Agent shall meet at least monthly to review Subcontractor's performance to determine whether Subcontractor is meeting all performance measures identified in Attachment A-1. SECTION 36. SUSPENSION of PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract.. SECTION 37. REPAYMENT MENT of FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1 which relate to: number of unduplicated youth served, timely submission of billings and monthly reports, youth served under the age of 10, percentage of participants involved in mentoring services, completed asset surveys initial and follow up asset surveys), completed satisfaction questions, demonstration that CYD youth have increased assets, CYD participants perceive services as effective and percentage of non referred CYD Youth to juvenile probation. CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT N .: CYD 2008-5 This contract ("Contract") is entered into by the City of Corpus Christi CCity" or "Fiscal Agent") and the following named Subcontractor: CITY: City of Corpus Christi-JAC/CYD 226 Enterpri e. Ste. 104 Corpus Christi, TX 78405 Telephone: (361 ) 826 -4028 FAX: (361)299-1410 Contact Person: Celina Pulcher SUBCONTRACTOR: YMCA of Corpus Christi 417 5. Upper Broadway Corpus Christi, TX 78401 Telephone: (361) 361 - 882 -1741 FAX: (361) 361- 882 -1427 Contact Person: Jim Scoville Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ("CYD") funded by the Texas Department of Family and Protective Services "FPS ". This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment i!k-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments -1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, e, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly continent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2007 Through: August 31, 2008 FUNDING OBLIGATION: Not to exceed $ 38,133.00 for FY 2008 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chaps City Secretary Legal form approved , 2007; By: Name: Title: City of Corpus Christi George K. Noe City Manager Subcontractor: YII� of Cous Christi By. Nam Ti---va_> �.- Title. P.,--' /i, Date: /off ofi9 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM YMCA of Corpus Christ[ TABLE OF CONTENTS Contract Cover Sheet Table of Contents i Contracted Performance Measures (Attachment A -1) 1 Statement of Work —Youth Leadership {Attachment A-2) 4 Statement of Work — Youth Advisory Committee (Attachment A-3) 10 Budget Information Forms (Attachment B -1) 14 Reimbursement Request Form (Attachment B -2) 21 Budget Narrative (Attachment B -3) 22 Standard Terms and Conditions (Attachment C) 24 Page No. Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Year 2000 Compliance 14. Taxes 15. Disputes 16. Independent Audit 17. Prevention of conflicting Interests 18. Fraud and Abuse Prevention 19. Indemnification 20. Sectarian Involvement Prohibited 21. Political Activity /Lobbying 22. Non- Discrimination and Equal Opportunity ■ 1 23. Health and Safety Standards 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33, Termination 34. Force Majeure 35. Monthly Performance Review iew 36. Suspension of Payments 37. Repayment of Funds Subcontractor Assurances with Certification Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Attachment A -2 STATEMENT OF WORK Subcontractor: YMCA of Corpus Christi Program Name: Youth Leadership 1. SERVICES TO BE PROVIDED 1 Describe the service to a provided in detail: The YMCA's Youth Leadership Program's purpose is to help teenagers become responsible citizens and future leaders. Youth Leadership is a training ro ram developed to teach high school students life skills and build their self - confidence through mentoring, education and pre-employment training. Social skills are also developed through recreational activities and community service projects. Students from feeder schools (Middle and Elementary) to Carroll High School will be part of the YMCA Youth Leadership Program in that Carroll High School students will become mentors to younger students in grades 4 through 8. Mentoring, activity planning /implementation entation and leadership skills will be developed while working with younger students. Each Carroll High School student will be paired with a caring adult Mentor as well. In the matching of Mentors and their protegees, the needs and strengths of the student and the interests and abilities of the mentor, includin g the following criteria will be considered: gender, age, language, shared interests, career/occupation of mentor; and preferences of mentor and student. Support for Mentors • Ongoing assessment of the match, including input from the mentor and student's family (when appropriate). • A process of managing grievances, praise, interpersonal problem solving, "rematching", and appropriate ending of the Mentor /Prot es relationship. • ■ ■ g p Written records of relationships and outcomes. • opportunities for in- depth training for mentors and students, particularly cover ■ � covering diversity awareness, communication, crisis management, and g oal setting. • Ongoing recognition and appreciation of mentors and students■ Resources for Mentors • Topic - specific mentor training components and support materials • Calendar of community-wide training opportunities and workshops • Activities and special programs for Mentors and students • End -of -Year Mentor Recognition event Evaluation • Impact of the mentoring relationship an the youth • Number of volunteers and amount of time f ent with students. 2) Location where eeswill be provided: Carroll High School, 5301 Weber Corpus Christi, Texas 78411 And YMCA of Corpus Christi, 417 S. Upper Broadway Corpus Christi, Texas 78401 3) iusijatej of Service: From September 1, 2007 to August 31 g 2008 4) Days and Hours of provided services: Students in the YMCA Youth Leadership Program will meet every day at Carroll High School from 11 :45 AM — :3 PM (program orientation roc ram . orientation; g and service project planning; business professional to speak to students during this time; conflict management training, time management, mentors' visits, etc.. Students will also meet once or twice per week after school for YMCA Youth and Government training. Community projects, socials and speci classroom sessions or activities outside of Carroll High School. Field trip transportation will be secured through C.C.I.S. ., local bus service or YMCA van. When traveling students will be supervised by the YAC Coordinator. Every precaution will be taken to assure the safety of all students. 9) Describe the "safe passage" plan for youth /families without trans ortation: Students will meet in designated classroom or approved areas at Carroll High School. During school days they will go to classroom at designated program time. Students will always be supervised by YAC Coordinator when participating in classroom sessions or activities outside of Carroll High School. Field trip transportation will be secured through C.C.I.S.D., local bus service or YMCA van. When traveling students will be supervised by the YAC Coordinator. Every precaution will be taken to assure the safety of all students. 1 g � of n .: the : r Ian for F pci dins staff sugervision and eu and how ade uate staffing in the case of vacancies or extended absences will be red: ensu ens The YMCA is comprised of four Directors each which are cross - trained to handle any position. The Youth Leadership program is overseen by the Youth Leadership Director. They handle the additional staff that is there to assist with each of the schools with the Youth Leadership. In the recruiting and staffin g the following is done: • Public announcements Help Wanted Ads) through the focal newspaper (Corpus Christi Caller Times); • YMCA announcement to current YMCA staff • Posting job openings at TAMUCC and Del Mar College g Sc instaff and volunteers are _required to - through: • EmploymentNolunteer application required; • Minimum of three (3) reference checks documented; • Criminal Background Check; • Require First Aid and CPR (Staff); • Interview process ijaining.pf staff and volunteers: • Child Abuse Prevention • Character Development • MCA Group Work • Characteristics of youth ages 1 —17 • Transportation policies • Supervision training and policies It is standard procedure for any person (staff &Ior volunteers ) that apply to work on the CYD Program, to complete (sign) a criminal background affidavit, consent and have a criminal background check search conducted prior to any client contact 84/or personal client files and is renewed every two years. 11. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for eve ry individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for eve r � artici ant receiving ng services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking form must be submitted for each month for which the subcontractor(s) request reimbursement for service/program costs. 111. DOCUMENTATION TATIOI OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Juvenile Assessment Center CYD ATTN: Celina Pulcher CYD Project Coordinator City of Corpus Christi 226 E me rpri a Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills, c. Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information rior t o submitting to the Fiscal Agent) p e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) 9. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH September 30, 2007 October 31, 2007 November 30, 2007 December 31, 2007 January 31, 2008 February 29, 2008 March 31, 2008 April 30, 2008 May 31, 2008 L June 80, 2008 July 81, 2008 1 August 31, 2008 V. EXPENDITURE SCHEDULE MONTHLY BILLING DUE DATE , October 5, 2007 November 5, 2007 December 5, 2007 January 5, 2008 February 5, 2008 March 5, 2008 April 5, 2008 May 5, 2008 June 5, 2008 July 5, 2008 August 5, 2008 September 5, 2008 Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontra or Estimate of FY 2007 -2008 Expenditures b June 30, 2008, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will made the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule - Subcontractor Estimate of FY2008 Expenditures Month September 2007 T tober 200 vember 2007 Estimated 7-1;ercent_of `total fisc ensures Budget December 2007 January 2008 February 2008 March 2008 $3,279 $3,089 8.6% 8.1 $3,089 8.1% $3,203 8.4% $3,089 $3,127 $3,'127 April 2008 May 2008 June 2008 July 2008 August 2008 $3,089 $3,394 $3,089 $3,089 8.1% 8.2 8.2% 8.1% 8.9% 8.1% 8.1% $3,470 9.1 Attachment A -3 STATEMENT OF WORK K Subcontractor: YMCA of Corpus Christi Program Name: Youth Advisory committee I. SERVICES TO BE PROVIDED 1 ) Describe the service to be provided in detail: The YMCA's Youth Advisory Committee purpose is to help middle and high school students become responsible citizens and future leaders. YAC is program • p designed to lead students to become actively involved with the community performing community service projects, participating in the CYD Review Committee and the CYD Collaborative Committee and enhancing their leadership skills. These community service projects teach valuable leadership skills that are learned "out in the community". Projects include food, clothing and toy drives, assistin nursing nursing homes, daycare centers, local school districts and other community based organizations within the 78415 zip code. The YAC will enhance their readership skills by participating in three * components. 1) Local Youth Summit/ Forum — This forum will brie together the CYD YAC, �� the City of Corpus Christi YAC and the Corpus Christi Junior Achievement ' orm�tte, three youth committees, to discuss youth problems that plague our community and they will work together to create possible solutions. In addition, CYD YAC will present these solutions to the local community leaders via City Council Agenda en da andor Town Hall Meetings. 2) Community and Park Beautification Projects — CYD YAC will do quarterly community park clean up to include graffiti cleanup, ark and community beautification (trim trees, pick -up litter, plant flowers plants and trees) during the course of the 2007-08 school year. The four "clean-ups" will take place during the early fall, early winter, early spring and early summer. 78415 CYD YAC Ropes Course Challenge CYD YAC members will participate in a - da lon y ropes course that will enhance leadership skills to include communication and teamwork. This course is geared towards the total enhancement of communication, leadership and team skills. There will be two challenges throughout the year to show how the YAC group has grown as a team and as leaders. 2) Location where services will be r vided: Carroll High School, 5301 Weber Corpus Christi, Texas 78411. And MCA of Corpus Christi, 417 S. Upper Broadway y Corpus Christi, Texas 78401 3) IncIuive_dats of Serves: From September 1, 2007 to August 3 2008 _1 - 4) Pays and Hours of provided services: Students in the YMCA YAC Program will meet every day at Carroll High School from 11:45 AM --1 :30 PM (program orientation; program and service project planning; business professional to speak to students during this time; conflict management training, time management, mentors' visits, etc.). students will also meet once or twice per week after school for YMCA Youth and Government training. g Community projects, socials and special events may take place on weekends. Summer program will take place at Carroll High School if approved by the Principal. If Carroll High School is not available, students will meet at another 78415 school site or at the YMCA. Transportation options will be determined according to the needs of the students. 5) Number of unduplicated youth to be served /adults to be served if applicable): 50 youth 6) Describe the tarcLei population to be served: Eligible Carroll High School and area students ages 14 — 17 years of age 7) Describe each oal of the service ?rid /or DrogLam, including the impact on juvenile crime: Goal(s): To develop leadership skills by doing community service projects in the T 78415 ip code. Objective(s): In a 12 month period the 50 CYD YAC members will have increased their leadership skills via community service projects, participation in the youth forum and participation in the two ropes challenges.. 8) How will this service be available to families without transportation: Students will meet in designated classroom or approved areas at Carroll High School. During school days they will go to the classroom at designated program time. Students will always be supervised by YAC Coordinator when participating in classroom sessions or activities outside of Carroll High school. Field trip transportation will be secured through C.C.I.S.D., local bus service or YMCA van. When traveling students will be supervised by the YAC Coordinator. Every precaution will be taken to assure the safety of all students. 9) Describe the "safe • assa • e" • Ian for out/families without trans. ortation: Students will meet in designated classroom or approved areas at Carroll High School. During school days they will go to classroom at designated program time. Students will always be supervised by VAC Coordinator when participating in classroom sessions or activities outside of Carroll High School. Field trip transportation will be secured through C.C.I.S.D., local bus service or YMCA van. When traveling students will be supervised by the YAC Coordinator. Every precaution will be taken to assure the safety of all students. 1 Staffin . Describe the t Alan f� , iricludimstaff suoervision and suppcirt and how ads ur to stffinjn the case of vacancies or extended absences will be ensues: The YMCA is comprised of four Directors and several YMCA staff which are cross - trained to handle any position within the YMCA to include YAC. The YAC program is overseen by the YAC Program Coordinator. He handles the additional staffthat is there to assist in each of the schools with the VAC program. In the recruiting and staffing the following is done: • Public announcements (Help Wanted Ads) through the local newspaper (Corpus Christi Caller Times ; • YMCA announcement to current YMCA staff • Posting job openings at TAMUCC and Del Mar College g Screening staff and volunteers are required to g o through: • Employment/ Volunteer application required; • Minimum of three (3) reference checks documented; • Criminal Background Check; • Require First Aid and CPR (Staff); • Interview process Training of staff and volunteers: • Child Abuse Prevention • Character Development • MCA Group Wort • Characteristics of youth ages 1 17 • Transportation policies • Supervision training and policies It is standard procedure for any person (staif & or volunteers apply l to work on the CYD Program, to complete (sign) a criminal background affidavit, consent and have a criminal background check search conducted prior to any client contact 84/or personal client files and is renewed every two years. 11. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration /Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for p evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration/Concent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. - 12 c) A JD Service Tracking Form must be completed listing every artl ant receiving services(s) on a monthly basis. The Service Tracking form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Service Tracking forms must be submitted for each month for which the subcontractor(s) request reimbursement for service/program costs. Attachment -1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug, 31, 2008 Summary Budget FY 08 COST CATEGORY Personnel - Salaries Personnel - rin #e Benefits Personnel - Travel 2. Materials and Su • ,lies 3. •uianent 4. der Costs TOTAL BUDGET TOTAL $21,974.40 3,492.13 2,294.37 9,526.50 0.00 845.60 $38 133.00 Cash Match In -kind Match 0. $0.00 Attachment 131 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (la) Personnel - Salaries FY08 A Position or Title Number of Staff for Position I/AC Coordinator c Average Full Time Monthly Salary 2 441.60 D Percent of Time on Budgeted Position E Number of Months Employed F Cost (BxCxDxE) (Total) 7% 12 21, 974.40 TOTAL SALARIES Total 21,974.40 Attachment 1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept, 1, 2007 - Aug. 31, 2008 (lb) Personnel - Fringe Benefits (Employer's Share) FY08 Fringe Benefits Based on (la) Salaries Paid* FICA 7.65% SUTA 0.384% Worker's Com • ex s tion 3.48% Health Insurance TOTAL GE BENEFITS Fringe Benefits Based on (la) Salaries Paid 181.04 84.38 764.71 962.00 $3 492.13 Attachment 13-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (1c) Personnel - Travel FY08 Type of Expense (transportation, Purpose (Destination and food, lodgin ,mileage) Lizica1 mileage Per Diem Benefits to Pro 4 Travel to Carroll High ' � ohoo Total Lodging Transportation Conference 108.00 Conference $170.00 $521.17 TOTAL TRAVEL $2 294.37 Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (2) Materials and Supplies FY48 es r iption and Basis for Cost State and District Food State and District Lod _ in State and District Entry Fees Total $3 240A 4,050.00 2 236.50 TOTAL CONSUMABLE SUPPLIES $9 526.50 Attachment 1 YMCA of Corpus Ceti Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (3) Rental, Lease, or Purchase of Equipment was Attachment 8-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (4) Other Costs FY08 Descri • tion and Basis for Cost Tel = .Ihone E, en 4 - . Oaordintor Pa! e YAC Coordinator cell 'hone YMCA Van 6 t = ational cost Gas Li bill Insurance Total $0.00 0.00 270.00 175.60 400.00 TOTAL OTHER COSTS $ 845.60 SUBCONTRACTOR: YMCA of the Coastal Bend Request No. CONTRACT PERIOD: 09/01/2007 to 08/31/2008 Reporting Month TITLE: � Community Youth Development Program ATTACHMENT 13-2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST Personnel - Salaries 1 - 2 *CityUse Amount (1) YTD (2) YTD Amount Only Budgeted Expended Invoiced Requested* Amnt. Paid YAC Coordinator 21,974.40 TOTAL 21,974.Q Personnel - Fringe FICA 1,681.04 &HA 84.38 Worker's Comp 764.71 Health Insurance 962.00 TOTAL 3,492.13 Personnel - Travel Lot Mileage 1,495.20 Per Diem 108.00 Lodging 170.00 Transportation 521.17 TOTAL Z294.37 Matetia1s and Supplies State & District Food 3,240.00 State & District Lodging 4,050.00 State & District Entry Fees 2,236.50 TOTAL — 9,526.50 Rental, Lease or Purchase of Equipment TOTAL 0.00 0.00 Other Costs YlvICA van 270.00 . Postage 175.60 Liability Insurance 400.00 TOTAL 845.60 TOTAL 38,133.00 Amounts expended cannot exceed amount budgeted. certify that the expenditures shown above are true and that supporting docu mentation is attached to substantiate them. Subcontractor's Authorized Signature Payment Authorization Signature Date Date 8 -3 YMCA of the Coastal Bend 78415 BUDGET NARRATIVE la) Personnel — Salaries YMCA YAC Coordinator Salary: $29,300 75% = $21,975.00 1b) Personnel — Fringe Benefits (Employer's er's share) FICA 7.65% of $21,976= $1,681.04 SUTA 0.384% of $21,976= 84.38 Worker's Compensation 3.48% of $21,976= $764.71 Health Insurance = $962.00 21 ,975.00 $3,492.13 lc) Personnel — Travel (mileage, food, lodging) $2,294.37 Local mileage Travel to Carroll High School for 34 weeks during the school year and summer mileage 3,360 miles X $0.445/per mile 41,495.20 Per Diem 3 days for conference @ $36 per day =$108 Lodging 2 days for conference @$85 per day =$170 Transportation To and from conference=$521.17 Students benefit b attendin cdistri tannd state comiRefitils; Students will participate in District and State Competitions allowing students to demonstrate leadership, debate, knowledge of government, ent, marketing/media skills and organizational skills learned through YMCA Youth Leadership Program. Students qualifying at District level go on to State competition. 2. Materials and Supplies State and District Competition Lodging = $4,050 45 rooms X c $90 (10 rooms State, 35 rooms at district) State and District Competition Food = $3,240 90 participants © $36 per day State and District Competition Entry Fees=$2,236.50 90 entries @ an average cost of $24.85 each $9,526.50 3. Rental, Lease, or Purchase of Equipment $0 4. other Costs $845.00 YMCA Van operational cost (gas, oil, etc...) 4 projects 270 Postage: Newsletters sletters and misc. mailings=$175 Liability Insurance =$4o In. Kind Match Total $30,000.00 Office space, furniture, copier, computer, printer, telephone, reception staff, Custodial, YMCA Fitness specialist, and YMCA facility use $15,000 YMCA Youth Membership for 50 H.S. Students $15,000 $25 /per month X.12 months X 50 students = 15,000 Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Chest will hereinafter be referred to as the Fiscal Agent. "YMCA of Corpus Christi" will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. ram. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR')Part 92, Office of Management and Budget "OMB' Circulars A-87, A -122, A- 110, and 40 Texas Administrative Code ("TAC") 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A -122, A -110, and 40 TAC 732.240-256. SECTION 2. INPEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is ontratin g with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. fINANCIALLIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the . p Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if pp g, they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been p aid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and r F Reimbursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate ro riate invoice and supporting documentation to the Fiscal Agent. E. Invoices must be submitted at least once a month as set forth in the Payment t Schedule as per Attachment Ail of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract. F. Funds under this Contract cannot be earned prior to the first day nor after the elast day of the Contract Period. G. The Fiscal Agent shall not be liable to Subcontractor for any charges under y this - 25 - Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. I. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR REPMENT A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non-Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been - 26 paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 6. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of an y significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, p personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (1 0) working days of change. No changes or amendments to this Contract shall be made except in rritin g signed si ned by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-87, A- 122, A-110, 40 TAC 732.240 -256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING REQUIREMENTS UIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPINGI EP I TINE _F E UI EMENTs A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services "HHS ", or their authorized representatives. E. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five years after the termination of the Contract Period, or for five years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self -- evaluation report within 45 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. 28 - SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non - governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an official duly authorized to legally obligate the Sub- subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub- subcontractor who will provide services as part of this Contract. Each Sub- subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regardin g the Sub-subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be erformed b p by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. - 29 - SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. c. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non-compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow -up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property 31 will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shah be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. AU property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. YEAR 2000 COMPLIANCE Subcontractor has full responsibility to anticipate and mitigate any four -digit -year related events that could adversely affect the timely performance of this Contract or the date- related operations of any goods, files, or services provided pursuant to it. Subcontractor warrants the fault free performance in the processing of date and date - related data by any product developed and delivered to Fiscal Agent pursuant to this Contract. Fault -free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four -digit -year elements. Subcontractor further agrees that four - digit -year elements will be used in any electronic data interchange that may occur with the Fiscal Agent as a result of this Contract. Subcontractor shall not be entitled to additional compensation or additional time to perform these obligations. SECTION 14. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form v -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non- discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non - discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 16. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Non-Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent g p audit of all funds received under this Contract. The audit may be er formed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated b g by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub-- Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION of CONFLICTING G INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services Y that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 4 - SECTION 18. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. c. Subcontractor shalt ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 19. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub- subcontractors. In the event of toss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay fu!! cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (9Q) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti - religious activity, worship, or instruction. SECTION 21. POLITICAL ACTIVITY/LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States code ("LAC") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1, Title VI of the Civil Rights Act 1964 (Public Law 88 -352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101 -336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.118, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV); 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; '10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (1 0) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the 7 reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11 Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12 Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 23. JjLTHAND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. IURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of rtective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty- - 8 - eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $1O,00000 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum i num for each occurrence limit and one million dollars $1 ,000,000 minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non -owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on-site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes ` #A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions - 39 - contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 26. DEBARMENT AND SIJSPENSIOr A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. C. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub- subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT IGHT !NFRINGEMEN] A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF CONFIDENTIAL TIAL INFOF MATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However Subcontractor's information rr be subject to requiredublic disclosure under the Teas Public Information Act, Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five 1 written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. SECTION 29. QENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. E. The Performance Measures, Attachment A -1 to this Contract, Statement of Work, Attachment A -2 to this Contract, Budget, Attachment -1 to this Contract, and Budget Narrative, Attachment -3 to this Contract, constitute promised performance under this Contract. if Subcontractor falls to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER CtUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, - 92 - knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1, requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article!! of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE I E IEW Subcontractor and Fiscal Agent shall meet at least monthly to review Subcontractor's performance to determine whether Subcontractor is meeting all performance measures identified in Attachment A -1. SECTION 36. SUSPENSION OF PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract.. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1 which relate to: number of unduplicated youth served, timely submission of billings and monthly reports, youth served under the age of 10, percentage of participants involved in centring services, completed asset surveys initial and follow up asset surveys), completed salf.liaction questions, demonstration that CYD youth have increased assets, CYD participants perceive services as effective and percentage of non referred CYD Youth to juvenile probation. TITLE OF CONTRACT: CONTRACT NO.: CONTRACT (Cover Sheet) Community Youth Development CYD 2008-7 This contract "contract" is entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and the following named Subcontractor: c SUBCONTRACTOR: City of Corpus Christi — JAC/CYD YWCA of Corpus Christi 226 Enterprize Pkwy, Ste. 104 4601 Corona Dr. Corpus Christi, TX 78405 Corpus Christi, TX 78411 Telephone: (361 ) 826 -4028 Telephone: (361 ) 361-857-5661 FAX: (361 ) 299-1410 FAX: 6 361- 867 -0254 Contact Person: Celina Pulcher Contact Person: Nancy Wesson -Dodd Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ("CYD") funded by the Texas Department of Family and Protective Services "DFPS". This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2007 Through: August 31, 2008 FUNDING OBLIGATION: : blot to exceed 49,095.00 for FY 2008 for Contract Period stated above. Executed In triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved By: Name: Title: t 200 7; City of Corpus Christi George K. Noe City Manager Subcontractor: YWCA of Corpus Christi By: itia Lame: mt, 41 v Title: -bc..&c.4 e2 i Date: tcyfoio 78415 CoMMUNITY YOUTH DEVELOPMENT PROGRAM A YWCA of Corpus Christi TABLE OF CONTENTS Contract Cover Sheet Table of Contents Contracted Performance Measures (Attachment A -1) 1 Statement of Work (Attachment A -2) 4 Budget Information Forms {Attachment B-1) 10 Reimbursement Request Form (Attachment B -2) 16 Budget Narrative (Attachment B-3) 17 Standard Terms and Conditions (Attachment C) 21 Pale No. Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments i. Accounting Requirements T Record Keeping /Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Year 2000 Compliance 14. Taxes 15. Disputes 16. Independent Audit 17. Prevention of Conflicting Interests 1. Fraud and Abuse Prevention 19. Indemnification 20. Sectarian Involvement Prohibited 21. Political Activity /Lobbying 22. Non-Discrimination and Equal Opportunity 23. Health and Safety Standards 24. Insurance ■ 1 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment {Attachment E) Certification Regarding Federal Lobbying (Attachment F) 11 Attachment A -1 YWCA of Corpus Christi CONTRACTED PERFORMANCE MEASURES (Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals /objectives. outcomes relate to behavior, skills, knowledge, attitudes, values, etc. The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2007 thru August 31, 2008. Output #1 : Number of youth served Indicator: Number of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be September 1, 2007 through August 31, 2008 for the initial contract period as established through this RFP. Unduplicated means participants will be counted once only during the contract period to determine this output, regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s/he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s /he receives her /his first service during the new contract p eriod. Target: 250 output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 5 days after the close of a month of service. Target: 90% output #3: Youth served under the age of 10 years. Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual service. If the cap is exceeded, those youth may be considered ineligible and costs may be disallowed. Target: 20% Output #4: Participants involved in mentoring services Indicator: Percent of youth involved in mentoring services are within the targeted grades — . Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow -up (post) asset survey. Only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD ro g ram, will not be included in the calculation for this output. Target: 80%. Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow -up (post) asset survey. Note that the follow-up survey, and not the initial asset survey, contains the satisfaction questions. Target: 50%. outcome #1: CYD youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by outh at the beginning of the contract period or when services are initiated, will be compared to the follow -up (post) Protective Factor survey. Follow -up (post) Protective Factor surveys y will be completed Follow-up (post) Protective Factor surveys will be completed between 15 ■ days prior to and 15 days after the four month anniversary of the youth having completed the initial asset inventory or when the youth leaves the p ro ram, whichever comes first. Target: Minimum net 1O increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that p � participate in multiple services, one survey should be completed corresponding to the first t program service in which they participated. -2 Target: 80% Outcome #3: Non-referred CYO youth Indicator: Percent of CYO youth report not referred to juvenile probation. Target: 95% Note: Performance measures, indicators and targets are set at the discretion of DFPS and may be changed at any time, but will not be changed without due notice to Fiscal Agents. Attachment A-2 ITEMENT OF WORK Subcontractor: YWCA of Corpus Chri The third portion of the YW-Teens Program is the YW Teens Transition groups. This fourteen week curriculum is designed to reinforce the skills and knowledge the girls attained during Leadership Camp and YW-Teens groups. Additionally the curriculum addresses time management, study tips, and personal responsibility. Open to all 6th grade girls who are moving into Middle or Junior High School, the curriculum stresses the importance of maintaining a sense of self in an environment fraught with the dangers of violence, drugs, abandonment, poverty and illiteracy. In the ¥W -Teens Leadership Camp, many of these girls have had the opportunity to witness first -hand the benefits of education, self - esteem, personal drive and mentors. The Transition Course strengthens these skills and insights to help the girls deal with their challenges while making the transition to their new school. This phase is culminated with an all night lock -in at the YWCA to celebrate the achievements. The fourth phase is the YW Families and Their Futures program. This program assists parents, especially those of 5th and 6th graders, to improve their communication techniques with their children when having to discuss sensitive topics p such as sexuality, peer pressure, puberty, pregnancy prevention, sexually-transmitted diseases and abstinence. The YW Families and Their Future curriculum instructs parents about how important it is for them to have ongoing communication with their children about emerging adolescence. Convincing parents that research shows they are still the most significant influence in their children's lives is a huge challenge and this program does that. The program's goal is to give parents the facts so that they can be their child's primary educator on these sensitive sexuality issues. While the YWCA works with the girls, it is important that the parents, too, are ainin knowledge g e g and confidence as parenting moves to a new level. The course is four one -hour sessions per group. Four one -hour sessions per school will provide assistance for many families. 2) Location where services will be provided: YWCA, 4601 Corona (when host sites are closed), Corpus Christi, Texas 78411 Host sites — The 78415 schools include: Cental Park Elementary, Fannin Elementary, Galvan Elementary, Houston Elementary, Kostoryz Elementary, Lexington Elementary, Travis Elementary, South Park Middle School and Baker Middle Schools. We also operate at the City Park & Recreation, Boys and Girls Clubs, and Corpus Christi Housing Authority sites. 3) Inclusive dates of Service: From September 1, 2007 to August 31, 2008 4) Daps and Hours of provided services: Programs generally occur between 8:00 a.m. and 5:30 .m. weekdays days at the convenience and availability of the host sites. The recreational swims, "loci- ins,, Reading Rally and numerous other activities occur at the YWCA on the weekend during operational hours of the facility. 5) Number of unduplicated youth to be served /ate to be served (if ap licable : 250 youth 6) fAergj-to youth ratio: 1 to 10 a) Number ber of contact hours • er week/ pp" month: 45min. —1 hour; additional hours on occasional weekends 7) Describe the taretpuiatin to be seared: The United Way of the Coastal Bend recently p ublished its "12 County Needs Assessment" report. The report characterized children in the 12 County Region as much more vulnerable" to teen pregnancy, substance abuse, antisocial behavior and/or neglect. The UW recommended that "an increased emphasis should be placed on programs at the elementary and middle schools that focus on choosing positive alternatives to drug/alcohol use and that provide positive opportunities to interact in safe supervised environments "; that "children ... need more opportunities to receive academic enrichment outside of the normal school day"; and "school districts, social service agencies, and businesses should continue coordinated efforts to ensure that students are properly prepared to enter adulthood with suitable skills." The needs and characteristics of the youth of the 12CR are concentrated and exaggerated in the 78415 ZIP code. But the YW-Teens Programs address these needs and recommendations with the various activities that enhance the girls' self- worth and develop the girls' bodies and minds. These strategies are specifically designed to develop a strong sense of personal responsibility to self, family, school, neighborhood and community. Youth to be served are 4th & 5th grade girls. 8) Describe each . oal of the service and/or 'ro ram includin s the iron act on 'uvenile came: Goal (s): To bring CYO Y-Teen programs to the 78415 zip code residents in order to reduce the negative social effects of residing in a high crime area. Objective(s): Within a twelve month period YWCA of Corpus Christi will reach 250 unduplicated participants through their Y -teen programs which includes outreach, teaching of life skills and providing positive adult role models. 9) H this service be available to families without transportation: The VW-Teen programs are conducted at the schools or community sites y YWCA staff and volunteers during the school day and after school. By providing the program in host settings (the schools and community centers), the YWCA brings the program to the girls and therefore, transportation is not a problem. Recreational swims, "lock-ins", the Reading Rally and numerous other activities occur at the YWCA during weekends and school holidays. At these events, the girls' families provide transportation to the YWCA. The YWCA is on an RTA bus route, which allows additional transportation. 10 s r ibe the "safe assa e'L p I n for youth /families without trans • ortation: Motor vehicle checks are run on all drivers for the YWCA. Background checks and screening take place on all volunteers and personnel involved with the ¥W- Teens. The safety of the youth is addressed by code compliance at the YWCA and the host sites, as well as criminal background checks on all adults (staff and volunteers) involved with the VW- Teens, 1 : Descry the s affi Ian for Fob iricludin • staff su • ervisi n and sub ort and how ade uate staffing in the case of vacancies or extended absences will be ensured: The YWCA of Corpus Christi has four positions that facilitate the Y -Teen programs. The Director of Community Connections is responsible for administering the program and there are three facilitators. In the event of an absence/vacancy, the Director along with other trained and qualified YWCA staff members will facilitate the programs. The Director of Community Connections recruits from various colleges and universities, internal and external postings to fill vacancies. In addition, the Director of Community Connections along with the YWCA Assistant Director and Executive Director supervises, trains and administers programs. 11. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration/Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TD FPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JD Service Tracking Form must be completed for every articl ant receiving services(s) on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration tion forms and Service Tracking form must be submitted for each month for which the subcontractor(s) request reimbursement ent for service/program costs. 111. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. Iv. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Juvenile Assessment Center CYD ATTN: Celina Pulcher CYD Project Coordinator City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking From d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form. f. Any Prevention and Early Intervention Surveys (Pre and Post) g. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES T UG September 80, 2007 October 81, 2007 November 30, 2007 December 31, 2007 January 31, 2008 February 29, 2008 March 31, 2008 April 80, 2008 May 81, 2008 MONTHLY BILLING DUE DATE October 5, 2007 November 5, 2007 December 5, 2007 January 5, 2008 February 5, 2008 March 5, 2008 April 5, 2008 May 5, 2008 June 5, 2008 July 5, 2008 August 5, 2008 August 31, 2008 September 5, 2008 v. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcon rac or Estimate of FY 2007-2008 Expenditures by June 30, 2008, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not - - respond within ten 19 business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten 1 business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent wilt make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule - Subcontractor Estimate of F 2 98 Expenditures Month Estimated Expenditures September 2007 $4,762 October 2007 $4,762 November 2007 Percent of Total Budget 9.7% $4,762 December 2007 $6,333 January 2008 February 2008 March 2008 $4,419 April 2008 $3,486 May 2008 $8,944 June 2098 $3,682 7.5% July 2008 $3,682 7, ° August 2008 $2,258 4.6% 9.7% 9.7% 12.9 % $4,419 $3,486 o 7.1% 6.2% Attachment B-1 YWCA of Corpus Chrsiti Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 Summary Budget FY COST CATEGORY 1. (A) B C) Personnel - Salaries Personnel - Frin Benefits Personnel -- Travel 2. Materials and Su. •lies 3. E iment 4. Other Costs TOTAL BUDGET TOTAL $000 0.00 0.00 0.00 0.00 49,095.00 $43 095.00 Cash Match In-lcind Match $0.00 $13,720.00 Attachment ]I YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (1a) Personnel - Salaries FYO$ D Percent of Time on Budgeted Position Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (lb) Personnel - Fringe Benefits (Employer's Share) FY08 Fringe Benefits Based Fringe Benefits Based on (la) Salaries Paid* on (la) Salaries Paid TOTAL AGE BENEFITS $0.00 Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept, 1, 2007 - Aug. 31, 2008 (1c) Personnel - Travel cos Type of Expense (transportation, Purpose (Destination and food, lodging, r ilea a ) Benefits to Program) Total TOTAL TRAVEL $Q.40 Attachment -1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (2) Materials and Supplies FY08 Descriition and Basis for Cost Total TOTAL CONSUMABLE SUPPMI S $0.00 Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (4) Other Costs FY08 Descry • tion and Basis for Cost Total i,„ eens rou s 11 118.00 it- ems a un wims , x 8 months 2 329.00 Y -mss Lox Ids ' 4 x oc -is 2 382.00 Families & Their Futures 2 224.00 Y -Teens YW-Teens Le d rshi • Cams $940 x 10 cam's 9 400.00 YW-Teais Ivlini Cam 6 s $63.53 x 60 hrs 1 176.00 YW-Teens Transition Course $890 x 2 :rouis 1 780.00 YW-Teens Lock -In S./ x 1 lock -in 686.00 TOTAL OTHER COSTS 9 095.00 SUBCONTRACTOR: YWCA of Corpus Christi Request No. CONTRACT PERIOD: 09/01/2007 to 08/3112008 Reporting Month - TITLE: Community Youth Development Program ATTACHMENT B -2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST Personnel - Salaries TOTAL Personnel - Frin e TOTAL Personnel - Travel Amount ►detect 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 Materials and Supplies 0.00 TOTAL 0.00 Mental, Lease or Purchase of Equipment None TOTAL 0.00 0.00 Other Costs YW -Teens Group 11,11 8.00 YW- Testes Sat, Swims 20,329.00 Yw -Teens Lock-Ins 2,382.00 Families & Their Futures 2,224.00 Y W- Teens Leadership Camp 9,400.00 Y -Teens Leadership Mini Camps 1,1 76.00 Y -Teems Transition Course 1,780.00 YW -Teens Transition Lock-in 686.00 TOTAL 49,095.00 TOTAL 49,095.00 1 - 2 'City Use (1) YTD (2) YTD Amount Only E)Tended Invoiced Requested* - Amnt. Paid * Amounts expended cannot exceed amount budgeted. certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Paynignt Authorization Signature Date B3 YWCA of Corpus Christi 78415 2008 Budget Narrative BUDGET INFORMATION The YWCA of Corpus Christi proposes a year -round program to assist the 5th and 6th grade girls of the 78415 schools. The YW -Teens programs are designed to help young girls develop self - confidence, good health habits, strong social skills and effective decision - making proficiency. The project is comprised of four parts: the VW -Teens Clubs, which meet year-round; the YW -Teens Leadership Camps, which are held in June, July, and August for one week each and one week during their Spring and Winter breaks; the YW-Teen Leadership Transition Program is held the first fourteen weeks of school for girls moving into middle school; and the Families and Their Futures, an six -week course for family members of VW-Teen girls designed to develop strong communication skills among parents and their children. The cost per hour to conduct the IN -Teen programs is $63.53. This figure is derived from staff salaries and fringe benefits; travel; materials and supplies; p r-intin , copying, postage and phone; office space rent; and depreciation of equipment. The subsequent numbers come from this $63.53 per -hour cost. For the four - phased program, the YWCA of Corpus Christi requests $49,095 from the City of Corpus Christi Park & Recreation Department, 67% of which is salaries; 10% fringe benefits; 5% travel; 12% materials and supplies; 0 % equipment; and "other costs." Personnel—Salaries: $33,139 The Community Connection Director is in charge of the entire YW -Teens program. The average monthly salary is $2,174, and 37% of her time is budgeted to the YW- Teens programs. This employee is full time, year round. $2,174x37%x12=$9653 The Community Connection Coordinator assists the Director by coordinating campus visits, planning curriculum and implementing the program. The average monthly salary is $1,562, and 66% of her time is budgeted to YW-Teens. This employee is full time, year round. 15 2x66%x12 =$12371.00 The Community Connection Facilitators (2) are part - time employees who implement ent program and coordinate materials, schedules, food and logistics. The two salaries combined are $996 per month and 93% of their time is spent directly on VW-Teens. $996 X 93% X12411,115 The total salary costs for 12 months is $33,139, representing 67% of the total budget. Personnel — Fringe Benefits Fringe benefits for the Community Connection Director total $1,361 f3679*37%). This includes employer paid Workers' Comp, payroll taxes, and medical insurance. Fringe - 17 - benefits for the Community Connection Coordinator total $2,086 (81 ° . This includes employer paid Workers' Comp, payroll taxes, and medical insurance. Fringe benefits for the two community Connection Facilitators total $1,636 This includes employer paid Workers' comp and payroll taxes. Fringe benefits for the year total $5,083, representing 10% of the total budget. Personnel—Travel Mileage to the 78418 schools totals $2,268. This is calculated by multiplying the mileage to the 78415 schools for 36 weeks by 44.5 0 per mile. The Community Connection staff use their own vehicles and the YWCA van for shuttling among the schools. Lodging and ether out --of -town expenses do not apply because the programs are local. Travel expenses total $2,268, representing 5% of the total budget. Materials and Supplies The materials and supplies figure is $5,897. This figure comes from previous budgets ■ p [actual costs] for things like markers, scissors, pens, pencils, disposable cameras, sequins and glitter, hula hoops, balls, paint, paper products [paper towels, plates, cups, napkins, etc.], plastic utensils, personal hygiene products, stickers, construction er, a p p ribbon, yarn, scrapbooking materials, books, magazines, folders, baggies, glue sticks, poster board ... i.e., all the materials required to provide these programs for the YW- Teen girls. The figure amounts to an individual expenditure of approximately $2949 er participant. p per and supplies total $5,897, representing 12% of the total budget. Rental, Lease or Purchase of Equipment An equipment expense is not factored into this budget for the YW- Teens. We do take depreciation expense in the next category■ Other Costs Among "other costs" are printing and copying [at 60 per copy], which comes to $1877` and postage and phone, which come to $831. "Other Costs" total $2,708, representing 6% of the total budget. The entire budget for the YWCA of Corpus Christi request totals $49,095. Castan-Kind Match The Y -Teens do not receive cash matches. The VW-Teens programs receive in -kind matches from the YWCA for p ool use at a rate of $50 per hour; the program uses the pool for 72 hours per ear; this totals $3,600 per year for in -kind match from the YWCA. The VW -Teens Leadership Camp s receive free lunches from the City Park & Recreation Department. The value is $3.50 p er lunar 4- snack; we serve approximately 40 lunches per week for 8 weeks total; that comes to a value of $1,120 in -kind match from the'City of Corpus Christi. The YW Teens receive about $1,000 worth of snacks per year from the Food Bark of Corpus Christi. Y 1- i1 - Teens receive the Reading rally event from Executive Women International, for which the organization raises $2,000 annually. The program provides books, bags, personal hygiene products, games, guest passes, and pencils, pens and notecards. YWCA administration and depreciation costs for the VW Teens program amounts to $6,000. The total for the in -kind matches hes tc the 1!- Teens is $13,720 City of Corpus Christi CYD 78415 Project Budget for YW -Teens YW -Teens Groups 7 groups per week [Central Park, Fannin, Galvan, Houston, Kostoryz, Lexington, Travis Elementary Schools] 1 hour per week /per group @ $63.53 per group (up to 20 girls per group) 7 X $63.53 = $444 per week Y'- Teens Sat. /Sun. Swims 20 groups two Saturday per month YW -Teens Lock -Ins Families & Their Futures (for 7 schools) YW -Teen Leadership Camp (10 weeks — 8 summer weeks, 1 spring break week, and 1 winter break week) 3 Mini Camps -60 hrs YW -Teen Transition Course - 14 weeks South Park Middle School 2 Grou • s YW -Teen Transition Lock - In Year -round groups $444 X 25 weeks 4 $11,118 4 -hour swims 4 hours X 10 groups = 40 hours X $63.53 hour $2,541,21 3 Lock-Ins (1 in Fall and 2 in Spring) 12.5 hours per Lock -In, 37.5 hours X$63,53 hour $2,382,8 1 hour per week/6 school/5 weeks 1 hour per week for/1 school/4 weeks $63,53 per group (up to 10 families per group) 9 X $63.53 = $572 per week $6153 X 40 hours per camp $2541 per camp 78415 schools = 37% 37 % X $2541 = $940 per camp 63.53 X 60 hrs $63.53 X 14 hours = $890 14 hours per 2 group 1 Lock — In for both schools 10.79* hours X $6353 hour $686 $2,541.21 X 8 months $20,329.68 $794 X 3 Lock -Ins = $2,382 6 weeks (4 -I hour sessions spread over 6 weeks) X $572 $3,430 $20,329 $2,382 $2,224 $9,400 63.53 X 60 firs $890 X 2 groups = $1,780 $686 X l Lock -In $686 $1,176 1,780 $686 - 20 - $49,095 Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department r en of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "YWCA Corpus Christi" will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY OF IT Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he /she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR") Part 92, Office of Management and Budget ("OMB") Circulars A-87, A -122, A- 110, and 40 Texas Administrative Code "TAC" 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A -122, A-110, and 40 TAC 732.240 -256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION . FINANCIAL CIAL LIMIT TIONS AND CONSIDERATIONS ATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement bursement Request, as set out in Attachment B-2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per Attachment A -2 of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract. F. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. G. The Fiscal Agent shall not be liable to Subcontractor for an y charges es under this - 22 Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. I. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR REPAYMENT A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non - Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been - 23 - paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (1 0) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-87, A- 122, A -110, 40 TAC 732.240-256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING RE UIF EMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING/REPORT1NG KEEPING/REPORTING REqUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self- evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for revie wing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services ("DHHS"), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self - evaluation report within 45 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence - based performance measures and program goals listed in this Contract. 25 - SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non - governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub - subcontractor who will provide services as part of this Contract. Each Sub - subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. 26 - SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYO Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11, MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal - 27 - Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management ent and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non - compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow -up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property 28 will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty - -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the Toss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. YEAR 2000 COMPLIANCE Subcontractor has full responsibility to anticipate and mitigate any four- digit -year related events that could adversely affect the timely performance of this Contract or the date- related operations of any goods, files, or services provided pursuant to it. Subcontractor warrants the fault free performance in the processing of date and date- related data by any product developed and delivered to Fiscal Agent pursuant to this Contract. Fault -free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four -digit -year elements. Subcontractor further agrees that four - digit -year elements will be used in any electronic data interchange that may occur with the Fiscal Agent as a result of this Contract. Subcontractor shall not be entitled to additional compensation or additional time to perform these obligations. SECTION 14. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, section 1706, amending Section 530 of the Revenue Act of 1 978, dealing with the issuance of Internal Revenue Service Form W -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and state tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Ikon - discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non- discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 16. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Non-Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the p erf rman e of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. - 31 - SECTION 18. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. c. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 19. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the FiscaI Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub- subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti- religious activity, worship, or instruction. SECTION 21. POLITICAL ACTIVITY/LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code "USC" 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 22. j1ON-DISCRIMINATIONANDEQUAL OPPORTUNITY TY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the civil Rights Act 1964 Public Law 88 -352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 88.118, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV); 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the - 34 - reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11 Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12.Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. P. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this. Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and I ocl laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty- 5 eight hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $1 0,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non - owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of contract and contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) ation of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 26. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. F. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26 NOTICE AND ASSISTANCE REGARDING ARDING PATENT AND COPYRIGHT INFRINGEMENT -- - A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered 7 against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in ail subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF,CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However Subcontractor's information may be sutject to rpawired public disclosure under th _Tex s Public Information Act Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS S All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A -1 to this Contract, Statement of Work, Attachment A -2 to this Contract, Budget, Attachment B-1 to this Contract, and Budget Narrative, Attachment B-3 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT T A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, - 9 - knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1. requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. c. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall othenNise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article 11 of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entities the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE REVIEW Subcontractor and Fiscal Agent shall meet at least monthly to review Subcontractor's performance to determine whether Subcontractor is meeting all performance measures identified in Attachment A -1. SECTION 36. SUSPENSION QF PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole 1 discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract.. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1 which relate to: number of unduplicated youth served, timely submission of billings and monthly reports, youth served under the age of 10, percentage of participants involved in mentoring services, completed asset surveys initial and follow up asset surveys), completed satisfaction questions, demonstration that CYD youth have increased assets, CYD participants perceive services as effective and percentage of non referred CYD Youth to juvenile probation. CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT ACT N .: CYD 2008-6 This contract ("Contract") is entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and the following named Subcontractor: CITY: City of Corpus Christi-JAC/CYD 226 Enterprize Pkwy, Ste 104 Corpus Christi, TX 78405 Telephone: (3 61) 826-4028 FAX: (361) 299-1410 Contact Person: Celina Pulcher SUBCONTRACTOR: Youth Odyssey Inc. Po Box 331 394 Corpus Christi, TX 78463 Telephone: (361) 361 - 991 -1974 FAX: (3 61) 361- 991 -1974 Contact Person: Rebecca Koeller Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ("CYD") funded by the Texas Department of Family and Protective Services ("DFPS"). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding ardin Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of corpus Christi under this contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2007 Through: August 31, 2008 FUNDING OBLIGATION: Not to exceed $31,8380O for FY 2008 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved _ -- 2007; By: Name: Title: City of Corpus Christi George K. Noe City Manager Subcontractor: You :..; -.in By: Name. Title: Date: 1ZibKh 4KoeLL&z tot G1 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Youth Odyssey, Inc. TABLE OF CONTENTS Page fro. Contract Cover Sheet Table of Contents i Contracted Performance Measures (Attachment A -9) 1 Statement of Work (Attachment A -2) 4 Budget Information Forms (Attachment 8-1) 13 Reimbursement Request Form (Attachment B -2) 20 Budget Narrative (Attachment B -3) 21 Standard Terms and Conditions (Attachment C) 24 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements 8. Subcontracting a Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Year 2000 Compliance 14. Taxes 15. Disputes 16. Independent Audit 17. Prevention of Conflicting Interests 18. Fraud and Abuse Prevention 19. Indemnification 20. Sectarian Involvement Prohibi ed 21. Political Activity/Lobbying 22. Non-Discrimination ination and Equal Opportunity 23. Health and Safety Standards 24. Insurance 1 25. Debarment arment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29, General Standards of Performance an e 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment of Funds Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying Atta h ent F) 1l Attachment A -1 Youth Odyssey CONTRACTED PERFORMANCE MEASURES (Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes, Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals /objectives. Outcomes relate to behavior, skills, knowledge, attitudes, values, etc. The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2007 thru August 31, 2008. Output ##1: Number of youth served Indicator: Number of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be September 1, 2007 through August 31, 2008 for the initial contract period as established through this RFC'. Unduplicated means participants will be counted once only during the contract period to determine this output, regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s/he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s /he receives her /his first service during the new contract period. Target: 72 Note: If adults will be served, a separate output measure will be included in the contract for those participants. Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 5 days after the close of a month of service. Target: 90% Output #3: Youth served under the age of 10 years. Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual service. If the cap is exceeded, those youth may be considered ineligible and costs may be disallowed. Target: 20% output #4: Participants involved in mentoring services Indicator: Percent of youth involved in mentoring services are within the targeted grades (4th 8th). Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow -up (post) asset survey. only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. Target: 80%. Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow -up (post) asset survey. Note that the follow -up survey, and not the initial asset survey, contains the satisfaction questions. Target: 50%. Outcome #1 : CYD youth have increased assets Indicator: Average increase in : e absolute number of assets for youth receiving CYD services. Data collected from rotectiv e Factor Surreys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow -up (post) Protective Factor survey. Follow -up (post) Protective Factor surveys will be completed Follow-up (post) Protective Factor urveys will be completed between 15 days prior to and 15 days after the four month anniversary of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first. Target: Minimum net O% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that participate in multiple services, one survey should be completed corresponding to the first program service in which they participated. Target: 80% Outcome #3: Non - referred CYD youth Indicator: Percent of CYD youth report not referred to juvenile probation. Target: 95% Note: Performance measures, indicators and targets are set at he discretion of DFPS and may be changed a any time, but will not be changed without due notice to Fiscal Agents. Attachment A -2 STATEMENT OF WORK Subcontractor: Youth Odyssey Program Name: Adventure Program 1. SERVICES TO BE PROVIDED 1 Describe the service to be rovided in detail: Adventure Challenge Programs are memorable experiences. A willingness to challenge oneself physically and emotionally is an integral component of Youth Odyssey's programming. Pushing oneself this way enhances self-reliance, self - confidence, leadership skills and communication skills. Programming Sessions last -- 9 weeks and are comprised of the following: 4 Portable Ropes Course Challenge Sessions that will serve a max of 15 youth per session. The onsite activities are two -hour sessions. 2 Stationary Ropes Course Challenge Sessions that will serve a max of 14 youth per session. These are from 9:00 a.m. until 3 :00 p.m. One Adventure Wilderness Trip that will serve a max of 11 youth on each trip. The trips are from Friday afternoon till Sunday afternoon. One Graduation Trip that will serve a max of 11 youth on each trip. The trip is a local overnight campout that includes parents, youth, and volunteers. Awards are provided for each participant. Description of Pr ra r ing: I. PORTABLE AND STATIONARY ROPES ES CHALLENGE COURSE Ropes Courses are a unique and p owerful way to foster team development and personal growth. The Portable Ropes Challenge Course consists of the Mobile Climbing Wall (High Element) and the Portable Low Elements. Portable Ropes Courses are typically 2 -hour sessions for each element and are conducted onsite at the referring agency. The Stationary Ropes Challenge Course is located on Hwy 37 and is comprised of an all day session. Low Elements During the low elements portion of a Ropes Challenge Course, the focus is on the team. Activities draw on the knowledge and ideas of every group member and require the participation and cooperation of the entire team. Activities are performed on or close to the ground, gradually increasing in difficulty so the team can learn from its successes and build trust and confidence as obstacles are overcome. High Elements The High Elements of a Ropes Course emphasizes individual challenge and accomplishments and is built on the team development and trust established on the Low Elements. The High Elements are an extremely powerful developmental tool because of the perceived risk of each activity. The High Dements allow the youth to expand their comfort zones and overcome fears that can block personal development and achievement. The High Elements of the Portable Ropes Course is the Mobile Climbing Wall. Processing at the closure of each experience includes reflection, evaluation and goal review to help the youth derive meaning from the experience and how it applies to their lives. 11. ADVENTURE WIL NE S TRIP PROGRAM The wilderness is a place where mature is dominant and situations and their consequences are real. Camping in these conditions, away from the distractions of modem civilization fosters self - reliance, respect and a sense of responsibility for youth's own actions. Youth Odyssey's programs are designed based on the nationally recognized National Outdoor Leadership Schools (NOLS) and Outward Bound. Through the outdoor experience, in addition to learning outdoor skills, teens respond to physical challenges and learn to overcome obstacles through problem solving. Youth are guided through tiv ti :s, which enable them to build self - esteem, self- confidence, cooperation, lead ;rsh1p skills, and team building. Teens expand their horizons beyond concrete and asphalt and to learn about themselves, nature and their environment. Each youth spends 3 days with caring adults in an environment that teaches them more effective ways of relating to others and healthier ways of valuing themselves. Each Youth Odyssey Wilderness Adventure trip rneets at 6 :00 p.m. on Friday evening for transportation by Youth Odyssey's 15-passenger van to a campsite. They return by 6:00 parr. Sunday evening to the original meeting place. Youth Odyssey provides all equipment and supplies for each trip and gives each youth a list of suggested clothing and personal accessories that ma y be needed. Basic camp craft, hiking, and backpacking in are taught on each trip. Youth are also introduced to the concept of environmental stewardship through "Leave No Trace" ethics. This concept teaches an acceptance of personal responsibility for maintaining the health and beauty of the natural environment. Each activity dui-41g the wael nd includes reflection, evaluation and goal review to help the youth derive meaning from what they have experienced and how the experiences apply tc their lives. Also, the whsle team processes the entire day's refection on Saturday nip around the campfire and this is reported as one the youth's favorite pail of he trip. Youth Odyssey provides opportunities fo.- youth to pai icipate in Adventure Wilderness Trips across the state of Texas. With Youth Odyssey, youth travel to state and local parks for 3 -5 day trips. Trips expose youth to a variety of outdoor adventures, such as hiking, backpacking, kayaking, ing, rock climbing, bird watching, fishing, canoeing, and swimming. Many youth who have never traveled outside of Corpus Christi visit parks and camp for the first time. These trips become necessary teaching tools that provide unlimited learning experiences. Youth learn about the stars, the moon, and wildlife for the first time. From learning how to set up tents and tarps to cooking their own food, Youth Odyssey provides a comprehensive outdoor learning environment. Before trips begin, experienced staff compiles a trip plan that includes the menu, hiking trails, site maps, directions, and emergency information. Throughout the trip, each youth receives a leadership role: cooking, cleaning, hiking leaders, day leaders, fire monitors, etc. Youth learn together what it means to build a camp and live in the outdoors together. 111. GRADUATiON TRIP One Graduation Trip that will serve a max of 1 1 youth on each trip. The trip is a local overnight campout that includes parents, youth, and volunteers. Awards are provided for each paricint. Sequence of Development Whether on an Adventure Wilderness Trip or on a Ropes Challenge Course, youth progress through carefully planned activities that build leadership, problem- solving skills, trust, teamwork, self - confidence, and communication skills. Learning and development follows a sequential process and the effectiveness and mastery at one level contrbutes to each subsequent level. They are: • Goal Setting — Goal Setting is a critical component since it provides a source of measure. 1 Awareness — Awareness activities are designed to assist youth in feeling more comfortable in their group environment and to appreciate the relationship betvveen peers and adults. O Trust .— Trust activities focus on one -to -one as well as group trust. • Cooperation — The activities at this level gives the youth a sense of accomplishment through cooperation. • Group Challenge -- Activities are "problem-solving" in nature and experiences are related to real life. • Leadership — Leadersnip activities assist youth in developing leadership skills and expenence following a leader. O Application — A f olic w -up program at the closure of the on -site experience, thrugh a final process session. Reflection, evaluation, and goal review. 2) Location where services will by provided: Activities are done outdoors. The program is first started with � get -acquainted activities done outdoors in the various 78415 schools within the city, from there, students are then taken to the Youth Odyssey Ropes Course located off of Interstate 37 towards San Antonio. City Corpus Christi, Texas ZIP Code 78415 a. If more than one location is utilized, list other locations here: • South Park Middle School • Baker Middle School • Carroll I-Iich School • Adventure Wilderness Camps are conducted within the area's State Parks including but not limited to Enchanted Rock, Austin, TX and Garner State Park, Tx. 3) Inclusive dates. of Service: From September 1, 2007 to August 31, 2008 4) payspid H ur r i ed services; The Adventure Wilderness trips take place on weekends and r . holidays. Exact � program dates are chosen after a grant is awarded. Reservations at Texas State Parks are made at that tire. (Texas Parks & Wildlife require a deposit with reservations and charge a cancelrati n or transfer fee). Dates for the Ropes Challenge Course will take place in sessions coordinated through each agency's staff. 5) Number of undqplicated youth to be served/adults to be served (if as .licable : 72 6) 11ert rt mouth ratio: 2 to 15 and 1 to 7) Describe the t ►rg t pqp l :tic to be served: Youth ages 12-17 years of age to be served. Since programming is voluntary, the target population needs programs they find exciting and enticing and are age appropriate. Because of the high juvenile crime and referral rate in the 78415 zip code area, the programs naed to be safe, healthy, and drug free activities. The programs must also have self - confidence building opportunities, assist in the youth developing appropriate peer and adult relationships, and provides opportunities for p mastery and competence to address the problems that lead to juvenile crime. 8) Describe ea l ,,,go l of the service andix_Rrogrprii, including the irnpact oar juvenile crime: Goal(s): To wing the Youth Odyssey experience (provide social and life skills development) to aWisk youth residing in the 78415 zip code. Objective(s): Within a 3 'nonti.1 period, each participant in a Youth Odyssey class will have increased 'their social ann line skills via outdoor programming to include team building, ropes course, adventure wilderness survival and graduation trips. 9) How will this service be avaiki2ie to families ithout tr;aos or-taion; All youth are provided transportation to and from the activities. ` p All services are provided ors -site. Transportation is needed during the Graduation Trip at which the -/ - Youth Odyssey van provides transportation to the youth. 1O)Describe the "safe assag " j r for y i h famili s wrthou train ortatior : Youth Odyssey owns two 15-passenger vans. see Van Policy below). . All youth are provided transportation to and from the activities. Youth Odyssey's staff is an experienced driver with valid driver's licenses. Prior to departing to or from any activity site, the staff insures that all participants are properly wearing their seatbelts. Youth Odyssey adheres to a strict maintenance schedule and maintains current insurance coverage. Based on the NFITSA report Youth Odyssey has adopted the following procedures for the 15- passenger van: Do not carry luggage on the top of vans. This raises the center of gravity even higher and can increase tha possibUity of rollover in an emergency maneuver. • When the 15-passenger van is not full, passengers should sit in seats that are in front of the rear axle. • Tires must be properly inflated and the tread is not worn down. Worn tires can cause the van to slide sideways on wet or slippery pavement. Improper inflation can cause handling • r blems and can lead to catastrophic tire failures, such as blowouts. Therefore, check tire pressure and tread wear once a month. • Driver experience and training in handling loaded - passenger vans are critical factors in reducing the risks of rollover. Do nol drive when tired or under any conditions thaI woukd compromise your driving ability. O Alt passengers MUST be wearing a seatbelt AT ALL TIMES. White participating in activities such as rock climbing, kayaking and hiking, all youth are equipped with the necessa ly safety equipment. The items that are used, such as helmets, harnesses, and ropes for. ciirnbing and lifejackets, paddles and when necessary helmets for kayaking, r•e inspected by a staff member prior to the youth engaging in an activity. Ail equipment is routinely inspected for frays, cracks, breaks, or abrasions hat may affect the durability and safety of the item. to rn e1 ai t _+.e r� a+++�t i+wwiE 711 ri _tor P,10.8 irclu in and pLip ort and how adec 1-4 e staffina. the of vacancies or extended absences will be ensured: The full -time staffing fo Youth ;uth O ysse ' consists of a Program Manager, and two Program Leaders. On each h u,- the sch o i visits, there is at least one staff member to every 15 students. On these tulips, sere is also a teacher or college student that is there to assist. On the rope 'OLiir K3, {fie #`e i' four staff to every one student. This is comprised of all a'v i3c. ble staff and experienced volunteers. In the event of vacancies or extended abser:ces, the departing staff member is asked to stay or:- until s-- rnoc),'i can be t ain d. It this is not an option, there are two previous program leaders. f. hat are available for contract labor that can be called upon to assist. Everyone is cross-trained ned and can take on any component of the program at any time. It is standard procedure for any person (staff 8t or volunteers ) that apply to work on the CYD Program, to complete (sign) a criminal background affidavit, consent and have a criminal background check search conducted prior to any client contact 8or personal client files and is renewed every two years. The Program Director's position requires a degree in Psychology, outdoor Education or related field with professional field experience in: hiking, backpacking, camping, rock climbing, canoeing, and kayaking. Staff Training Required: First Aid, CPR, Wilderness First Responder, Full Ropes Course and Lifeguard certifications. Must have experience working with youth in a camp setting. The employment scr* e n in g vocess includes: Application review Interview Background check Valid driver's license. References Criteria for V ointer The minimum age requirement for an Adult Volunteer is years old. Although there are no maximum age requirements for adult volunteers, selection will be based on the ability of the volunteer to perform certain skills. Some rigorous physical activities such as hiking five 10 te; reiles a day carrying a 50-lb. backpack is required on some trips. Past experience in the outdoors is imperative to the selection of the volunteer for the Extreme Outdoor Activities. Evidence of fitness and a release from a health care practitioner if a health condition is present is mandatory. All Volunteers with direct contact with youth reed to be well versed in how to work with the youth and to handle difficult situations that may arise. Volunteers are required to attend classes provided by Youth Odyssey. The classes e will provide classroom instruction on Problem Identification: Signs and Symptoms and Prevention and Maintenance of Aggressi've I3ehavion Volunteers with all Youth Odyssey activities must have current certifications in Adult CPR and Standard. Volunteers with the Adventure Wilderness Program (that include belaying) and all Mobile Climbing Wall Activities require v lunte to have either documented instruction from a nationally reeognized climLng organization, or show mastery of belaying skills from Youth O ys e is Belay Training, H. CID CLIENT al -°1 1 .'A TRACKING SERVICES a) Form must be explained to every individual participating in every CYD Program. gra . "hi form authorizes participation in CYD Programs'and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for - evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the Monthly billing. c) A JD Service Tracking Form must be completed for every participant receiving services on a monthly basis. The Service Tracking Form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and Sonic* Tick n g ferr t must be submitted for each month for which the subcontractor(s) request reimbursement for service/program costs. 111 DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form must be documented. IV. BILLING REQUIREMENTS The SuocontraGtor i i u rnit monthly biiiin ' s specifying the costs incurred for each month of service to the City representative listed below: Juvenile Assessment Center CYD ATTN: Celina l ul her CYD Project Coordinator City of Corpus Christi 226 Enterprize Pkwy, Ste. 104 Corpus Christi, Texas 78405 The monthly r b llinc ecnsist of the follovving documents: a. Budget Information n Summ r y and Reimbursement Request. b. Copies of invoices and bills. c. Monthly Participant Summary Sheet, d. Registration/Consent Form (to include accurate and complete information prior to submitting to the Fiscai Agen.i) e. Any Change of information to participants re i tration /consent form f. Any Prevention and Early Intervention Surveys (Fre and Post) g, Any Prevention and Eary Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH December 31, 2007 January 31, 2008 February 29, 2008 March 31, 2008 April 30, 2008 May 31, 2008 June 30, 2008 MONTHLY THLY BILLI G DUE DATE October 5, 2007 November er ber 5, 2007 December 5, 2007 January 5, 2008 February 5, 2008 March 5, 2008 April 5, 2008 1.June ,2008 _, July 5, 2008 July 31, 2008 August 5, 2008 August 31, 2 0 g September 5, 2008 V. EXPENDITURE SCHEDULE Subcontrisletor agrees that if funds are not expended in accordance with Schedule A - Su on rac or Estimate of Y 2007-2008 Expen i ures by June 30, 2008, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten 10 business days to respond. If Subcontractor does not respond within ten (1 0) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount i hri4 ten 10 business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed 'upon time and ub ontr o wi be given the opportunity to present their{ case. Fiscal Agent will hake the final decision whether to reinstate or forfeit any of Subco z actor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor Mil be used for other CYD programs. schedule - Subcontractor Estimate of + 2008 Expenditures Month Estimated Percent of Total Ex eri_res LE4glaq September 2007 October 2007 $ 121 $ 3279 November 2007 2929 December 2006 $ 3025 January 2008 242 February 2008 $ 3162 9.9% rt March 2008 3419 G ____10.74% � t April 2008 3279 10.3% May 2008 $ 5667 a 17.8% June 2008 $352 9.9% July 2008 ) 260o 8.82% August 2008 , 764 2.4% ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2007 - August 31, 2008 Summary Budget FY r s i COST , r r 1.. " T TAL 1. (A) Personnel - Salaries $15 05 . o (B) Personnel - Frin! eneis 1,15100 (C) Personnel - Travel 3,135.00 2. Materials and Su • lies 750.00 • 3. E . uipment OM 4. Other Costs* 11, 751.00 TOTAL BUDGET $31 838.00 Cash Match in-kind Match *Billed a a "_per it' basis $30,000.00 S10,392.00 ATTACHMENT M NT -1 Youth Odyssey Budget Information Forms Contract : : September 1, 2007 - August 31, 2008 (1a) Personnel - Salaries F7'0$ D Percent of Time on Budgetzd Position ATTACHMENT B-4 Youth Odyssey Budget Information Forms Contract Period: September 1, 2007 - August 31, 2008 (ILA) Personnel - Fringe Benefits (employer's Share) FY08 Fringe Benefits Based on (la) i Paid* FoNE TOTAL FRINGE N+ FITS Fringe Benefits Based on (la) Salaries Paid $0.00 $0.00 ATTACHIVIENT B -1 Youth Odyssey Budget Information 'orms Contract Period: September 1, 2007 - August 31, 2008 1 Type of Expense (transportation, food, lodging, mileage) NONE (1c) Personnel - Travel FYO8 Purpose (Destination and Benefits to Program) TOTAL TRAVEL $0.00 ATTACHMENT B4 Youth Odyssey Budget Information Forms Contract Period: September 1, 2007 - August 31, 2008 (2) Materials and Supplies FYOS Descri ' tion and Basis for Cost NONE Total 0.00 r �a�� a4+Rf- �FrYii Jiffs s �� r r.y �i! i R4� �ii� ___r...,_..._tiF4iFii� $0.00 _- ��atlMiEi Irrlrp�ii 1 I■ ■ I�+i�l! TOTAL CONSUMABLE SUPPLIES ATTACHMENT -1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2007 - August 31, 2008 (3) Rental, 1, Lease, or Purchase of Equipment FY Description and Basis for Valuation Method Used (ease, rent, purchase, etc.) Total NONE =MEI $0.00 $0.00 TOTAL RENTAL, LEASE, OR PURCHASE ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2007 - August 31, 2008 (4) Other Costs FY0$ SUBCONTRACTOR: Youth Odyssey CONTRACT PERIOD: 09/01/2007 to 08/31/2008 TITLE: Community Youth Development Program Request No. Reporting Month ATTACHMENT B-2 BUDGETED INFORMA'Y`IO101 SUMMARY AND REIMBURSEMENT REQUEST Personnel - Salaries TOTAL 1 - 2 *City Use Amount (1) ''T (2) TD Amount only eto y..... _ Invoiced R nested* Amnt. Paid 0.00 0.00 Personnel - Fringe 0.00 TOTAL 0.00 Personnel- Travel TOTAL M11Mateal and Sup 'lies TOTAL Rental, Lease or Purchase of ui mgt TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 Other Costs Portable Team Challenge 2,678.00 Ropes Challenge Course (2) 3,960.00 Adventure Wilderness Trip (1) 21,600.00 Graduation Ttip (1) 3,600.00 TOTAL 31,838.00 TOTAL 31 838.00 Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date Attachment Youth Odyssey BUDGET NARRATIVE Youth Odyssey activities are comprised of programming that is divided into sessions that last 6 -- 9 weeks. Each programming session includes the following activities: 4 Portable Ropes Course Chalienge Sessions 2 stationary Ropes Course Challenge 1 Adventure Wilderness Trip 1 Graduation Trip To accommodate working w= 1 CYO arci Non-CYD youth during the upcoming grant period, Youth Odyssey will bill for only the CYD-eligible youth and the activities will be charged on a uri; -rate basis. We w 11 only charge for an activity completed by CYO youth. Because the sale a .ivi :i ; 'i i be provided i in the 2006 -200 grant period that were provides in the oml l to 2305-2006 grant p eriod, cost can be determined by examining ining th o f per activity of providing the completed 2002 -2003 programming. (The breakdown is shown below in the '02-'03 budget narrative section). And Youth Odyssey's unit cost will remain the same for the 200 6-2007 grant period as it was billed in previous r. The only changes in this grant ap Ali !tior1 from prior grants will be the changes is cost per mile for travel. The increase would be $780 per CYD youth. We will bill CYD a specific amount per activity per child. If a child completes the session, it would be a tota: of $442%20 for six .,.- Anne weeks s of programming. We will wily bill for CYD -ell i i -- : j ,Ith ariu oriLL for activities, t e !'..r ttend. Youth Odyssey anticipates serving a total of 72 ouch and having them all complete a sic -nine week session. 'Plough we encourage compietion of a session, the pricing per activity allows for those who may not be able to complete all levels of programming to still participate. Below is the breakdown n o whai i[ i i cosi to provide programming ing for CYD- eligible youth. The cost was determined y the actual cost to provide the same activities in '2002,'03, 04, 05, 06 and 07. There is no increase in cost. The narrative below vviii suppoit with detail now rr t e following cost were calculated: Poriabie Team Challe r es $30 a youth X 4 sessions 2 Ropes Challenge Courses $2T.50 a youth X 2 sessions 1 Adventure Wilderness Trip $300 a youth X trip 1 Graduation Ceremony Trip 50 a youth X 1 trip Total per youth for a completed session = 37.20 =$ 55.00 = $300.00 E_$ 50.00 = $442.20 Grant Request for 2007-2008 $442.20 per session X 72 CYD youth = $31 ,839. Budget Detail 4 $21,838 • Personnei -, Salaries - $15,0150 1. Program Manager - 45% of the Program Manager's time will be spent on the implementation and superiision of the Adventure Challenge Program for CYD-78415. 25% X 32,200 := $8,050 1. Program Leader 25% ci Progvara Leda lime \Nits be spent on the facilitating of tri AdveIrlu;E Challenge Sessions for CYD-78415. 25D/3 ,:;3,(.10j =4 . !' , f ;, • Personnel - Fringe Bfatetis $1:J51 1. Fica and Medicare The above saBrie re $15,050. Fringe benefits are calculated as follows: $•3,o5o X 7.65% (pica and medi) $1,151 • Personnel - Travel - 63135 (with updated mileage cost) 1. Adventure Wildairess .- includes ei;i travel for pre /post trip and transportabon to n . f 11) campsite and reunion. 600 riles X .445 cents a mile X 5 trips $1 ,335 2. Mobile Ropes Challenge Course - Includes all travel to referral agencies iand foc cBrsp3'i iL.; Sri of chadenges to onsite locations. 20 miles X .445 cents a mile X 20 sessions $ 178 3. Ropes Chalienge Course --I37 50 miles X .445 e nt male X 10 sessions $ 222 4. Program Manager and Program Leader Staff Training t y r • : t: ;; rr $ 600 • teri and ‘ .i 11ir.4.-,; 1. Cleaning and Malnt m e of Youth Odyssey's Van Youth Odyssey i s planning 5 Adventure Wilderness Trips. We have to dean and maintair. tne van afiar trips. $25 c,le i g e, trip $ 250 2. Pho ogrFap y -i' u'c `; Odyssey has been requested by CYD to provide photos and recap of each trip. Photo and developng $ 100 3. Office S p it f Lai; C; Ocnsurnebre office supplies such as paper, pens, etc. Based on prior year's e: parse i $ 400 • Other Cost - $iki1,752 1. Staff T r air i Y Ropes CI:otm].61-ac,Pitalor Re-certification Ropes COLFSE ifi caJc .n ..- VIGIL/ staff ,. r fo etkon $ 125 $ 350 $ 980 Training and Housing 2. Insurance Van .-- 50% of the annual cost of 2 van insurance 50% X $2,359 $1,180 Wilderness Adventure Insurance $8.25 X 15 participants X 5 trips $1 1.00 X15 participants X 5 trips $1,444 3. Camping Fees Youth Odyssey buys a $100 permit each year for unlimited entry fees into the parks. 25% of this cost is allotted to CY _.. ., . $ 25 Camp site Fees $6O per w *eke 1c X 5 to ps $ 300 4. Adventure Wilderness Meals Youth Odyssey spends $350 per trip to feed participants. This includes fo c..# : t r r e to campsite. S300 X trip3 and $100 X 5 ri3unions $2 000 5. Liver y R iitoI 2 Adventure W it rr Tri ps X $300 $ 600 6. Ropes Chaliengci Course: $350 X 10 sessions $3,500 7. Program Printing 45% of trra annual cost of the printing of youth packets (nc1udes applications, releases, itineraries, and general i 1 -m Lion . $ 484 8. Program Postage % of ice rinu :i cyst of t he postage to mail packets, surveys, car i':: i; tlLiat, n 225 9. Telephc,ne 20% of the annual cos of Youth Odyssey's telephone Pr r r,� atom i k r phone, and the Program Leader's ceikAar priGne (provided for emergency access during programming). $ 539 in-Kind - r y J , y L ',LaL' voiFf A. Rent -- $6,:J00 Tr aE ' ` �, ;: rack wall, and gear storage 500 X 12 months = $6,000 Kayak .J ,f x rrl i r &w age 50C X 12 months $6000 Total = $12,000 50% C-' tm ��t 6,000 B. rime -. $0,588 Every Adventdre Wilderness Trip is made possible by the Donation of 'volunteer time. ' I it :o ;s trips X 48 hours per trip X $8.50 per hr $4,080 I :rjngr, 3th -ip i M:or� Volunteer time $4,080 X 7.65% $- 312 ' Total l $4,392 Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "Youth Odyssey, Inc." will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he/she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR")Part 92, Office of Management and Budget "OMB' Circulars A-87, A -122, A- 110, and 40 Texas Administrative Code ("TAC") 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A -122, A -110, and 40 TAC 732.240-256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as raking Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. - 2 9 - SECTION 3. fjfANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement bursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per Attachment A -.2 of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract. F. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this - 25 Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. I. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR REPAYMENT T A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non - Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been - 26 - paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5, CHANGES AND AMENDMENTS TS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten 1 working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or state laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-87, A- 22, A -110, 40 TAC 732.240 -256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION . ACCOU TII G F E JI EI TENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services "DHHS" , or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five years after the termination of the Contract Period, or for five years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self - evaluation report within 45 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. - 28 - SECTION 8. SUBCONTRACTING Tl ACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non - governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub-subcontractor who will provide services as part of this Contract. Each Sub - subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. - 29 - SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. E. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11. MONITORING ING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non - compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow -up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract. G. Alt such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERJY. A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property - 31 - will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shalt be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. YEAR 2000 COMPLIANCE Subcontractor has full responsibility to anticipate and mitigate any four - digit -year related events that could adversely affect the timely performance of this Contract or the date - related operations of any goods, files, or services provided pursuant to it. Subcontractor warrants the fault free performance in the processing of date and date - related data by any product developed and delivered to Fiscal Agent pursuant to this Contract. Fault --free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four- digit -year elements. Subcontractor further agrees that four- digit -year elements will be used in any electronic data interchange that may occur with the Fiscal Agent as a result of this Contract. Subcontractor shall not be entitled to additional compensation or additional time to perform these obligations. SECTION 14. WES The Fiscal Agent and the Department will not be Liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate onstrate on -site compliance with the Federal Tax Reform Act of 1 986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYO Program. Non - discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non - discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 16. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the Single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Non-Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION EI TION of CONFLICTING INTERESTS ESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 18. FRAUD AND ABUSE PREVENTION TIOI A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 19. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the FiscaI Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub- subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the FiscaI Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (90) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti- religious activity, worship, or instruction. SECTION 21. POLITICAL ACTIVITY/LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ("USC") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 22. NON-DISCRIMINATION 1ND EQUAL OPPORTUNITY NIT A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the civil Rights Act 196 (Public Law 88 -352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1 990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV); 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, - 36 rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. Ali reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required gaiifiatins will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct ciient contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten 1 working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. if the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12.Allow any of Subcontractor's employees to testify in judiciat proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses, SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. !NSQRANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty- - 8 eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $1O,000EOO minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars $1, 00, 00 minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non- owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions - 39 - contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub - subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING DING PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue In any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department falls to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non --transferable, irrevocable, paid-up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE of CONFIDENTIAL INFORMATION MATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However, Subcontractor's information mu be subject to reciuired public disclosure under the Texas Public Information Act, Chapter 552 of the Texas G ernment_Co e. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five 1 written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the I.J.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A -1 to this Contract, Statement of Work, Attachment A -2 to this Contract, Budget, Attachment B -1 to this Contract, and Budget Narrative, Attachment B -3 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT I FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, - 92 - knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. C. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. a Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1. requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. I. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article 11 of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE REVIEW IEW Subcontractor and Fiscal Agent shall meet at least monthly to review Subcontractor's performance to determine whether Subcontractor is meeting all performance measures identified in Attachment A-1. SECTION 36. SUSPENSION I of PAYMENTS. TS. If the Fiscal Agent determines.in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract.. SECTION 37. EPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1 which relate to: number of unduplicated youth served, timely submission of billings and monthly reports, youth served under the age of 10, percentage of participants involved in mentoring services, completed asset surveys initial and follow up asset surveys), completed satisfaction questions, demonstration that CYD youth have increased assets, CYD participants perceive services as effective and percentage of non referred CYD Youth to juvenile probation. CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2008-4 This contract ("Contract") is entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and the following named Subcontractor: CITY: City of Corpus Christi- JACICYD 226 Enterpri e, Ste. 104 Corpus Christi, TX 78405 Telephone: (361 ) 826 -4028 FAX: (361)299-1410 Contact Person: Celina Pulcher SUBCONTRACTOR: City of Corpus Christi Parks and Recreation Department, Recreation Centers Division 1201 Leopard Corpus Christi, TX 78401 P.O. Box 9277, 78469 Telephone: (361) 361- 826 -3460 FAX: (361) 361-826-3864 Contact Person: Stacie A. Talbert Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program "CYD' funded by the Texas Department of Family and Protective Services ("DFPS"). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments -1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of corpus Christi under this contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2007 Through: August 31, 2008 FUNDING G OBLIGATION!: Not to exceed $ 27,828.00 for FY 2008 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: City of Corpus Christi Armando Chapa City Secretary Legal form approved . , 2007; By: Name: Title: George K. Noe City Manager Subcontractor: City of C.C. Parks & Recreation Dept By: 4u a Name: 5-T cta 1 Title: tzecc.t , Date: 1„..,A 1 78415 cowman,' YOUTH DEVELOPMENT PROGRAM City of Corpus Christi Parks & Recreation Dept., Recreation Centers Division TABLE OF CONTENTS Contract Cover Sheet Table of Contents Contracted Performance Measures (Attachment A -7) 9 Statement of Work (Attachment A -2) 4 Budget Information Forms (Attachment B -1) 11 Reimbursement Request Form (Attachment B -2) 17 Budget Narrative (Attachment B-3) 18 Standard Terms and Conditions (Attachment C) 20 Page No. Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements uirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Year 2 0 Compliance 14. Taxes 15. Disputes 16. Independent Audit 17. Prevention of Conflicting Interests 18. Fraud and Abuse Prevention 1. Indemnification 20. Sectarian Involvement Prohibited 21. Political Activity/Lobbying 22. Non - Discrimination and Equal Opportunity 23. Health and Safety Standards 1 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Periomiance Review 36. Suspension of Payments 37. Repayment ment f Funds Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) certification Regarding Federal Lobbying (Attachment F) Attachment A -1 City of Corpus Christi Parks & Recreation, Recreation Centers Division CONTRACTED PERFORMANCE MEASURES (Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals /objectives. Outcomes relate to behavior, skills, knowledge, attitudes, values, etc. The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2007 thru August 31, 2008. Output #1: Number of youth served Indicator: Number of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be September 1, 2007 through August 31, 2008 for the initial contract period as established through this RFP. Unduplicated means participants will be counted once only during the contract period to determine this output, regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s /he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s/he receives her /his first service during the new contract period. Target: 100 Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 5 days after the dose of a month of service. Target: 90% Output #3: Youth served under the age of 10 years. Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual service. If the cap is exceeded, those youth may be considered ineligible and costs may be disallowed. Target: 29% Output #4: Participants involved in mentoririg services Indicator: Percent of youth involved in mentoring services are within the targeted grades (4th �-- 8th) Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow - (post) asset survey. Only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. Target: 80%. Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow -up (post) asset survey. Note that the follow -up survey, and not the initial asset survey, contains the satisfaction questions. Target: 50%. Outcome ##1: CYD youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow -up (post) Protective Factor survey. Follow -u p (post) Protective Factor surveys will be completed Follow -up (post) Protective Factor surveys will be completed between 15 days prior to and 15 days after the four month anniversary of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first. Target: Minimum net 10% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that participate in multiple services, one survey should be completed corresponding to the first program service in which they participated. __ Target: 80% Outcome #3: Non-referred CYD youth Indicator: Percent of CYD youth report not referred to juvenile probation. Target: 95% Note: Performance measures, indicators and targets are set at the discretion of DFPS and may be changed at any time, but will not be changed without due notice to Fiscal Agents. Attachment A -2 STATEMENT OFWORK Subcontractor: City of corpus Christi Parks & Recreation n Dept., Recreation n Centers Division Program Name: Teen Trekkers I. SERVICES TO BE PROVIDED 1 Describe the service to be provided in detail: Corpus Christi Parks and Recreation Department's adventure based outdoor recreation program is named TEEN TREKKERS. The program goal is to provide urban at -risk teens with an opportunity to learn about the natural environment and resources available in Texas and the Coastal Bend. TEEN TREKKERS will incorporate educational outdoor recreation elements with nature conservation concepts, team building, outdoor adventure, self discipline, leadership, and fitness oriented activities to young men and women living in 78415. The great variety of outdoor recreation opportunities and natural resources available, make corpus Christi and the Coastal Bend Region the perfect location to host an adventure based outdoor recreation program. The Gulf of Mexico's inland bays are easily accessible and offer many sporting and nature observation opportunities. TEEN TREKKERS is designed to introduce youth to these opportunities and incorporate fun, safety, instruction, environmental education, and ultimately lead to a greater understanding of the conservation and preservation of our delicate natural resources. The TEEN TRKKERS Program is an -week summer program. 78415 teens from local middle schools and high schools will be targeted for participation. The program will concentrate Qn youth who are: Ages 13 to 17 Living in or attending a school in the 78415 zip code From extreme at -risk categories. TEEN TREKKERS will concentrate on five outdoor activities (listed below). New program activities will be introduced each day of the week. Basic Water- Safety Training and Sailing: Each participant will be required to complete a 4-hour Basic Water Safety Training course at the beginning of camp. Each class will be taught by a City of Corpus Christi Water Safety Instructor who is a Red Cross certified and follows Red Cross procedures. The training manuals will be purchased through the American Red Cross. Training will introduce participants to the skills necessary to be familiar with the importance of basic water safety and rescue skills. The training will take place at the Corpus Christi Natatorium. Participants will sail the Corpus Christi Bay on specially designed sail crafts made just for instructional purposes and beginning sailors. Teens will Iearn the basics of boat design, sailing, rigging, steering, and safety. Each participant will have the opportunity to operate a sail boat on the water. The department will partner with Sail Corpus Christi to provide equipment, sailboats and instruction. Environmental Education: Participants will visit the Oso Creek Wetlands Area and The Texas State Aquarium. The Oso Creek Wetlands is home to endangered birds, unique flora and fauna, and several archaeological sites. Participants will take a walking tour guided by a local environmental expert and discover the untapped resource that lies within our community. Emphasis will also be placed on the importance of conservation and preservation. Youth will then travel to the Texas State Aquarium Sea Lab for a special three hour class on protected wetlands. Participants will take a canoe trip into a wetland area where they will have the opportunity to study wildlife, flora, and fauna. Eish!rii Teens will embark on a Gulf fishing trip for 6 hours out of Port Aransas. Special instruction on fishing techniques, bait, and tackle wilt be given to participants. Youth will then spend approximately 4 hours fishing for popular Gulf game fish. The department will partner with Dolphin Docks Fishing Charters to provide equipment and instruction. Windsurfing & Kayaking Youth will get special expert instruction on rindsurfi g and kayaking. In Addition, each participant will have 2 hours of windsurfing free time and 2 hours of kayaking free time to try out their newly learned skills. Instruction as well as free time will be done in the safety of the protected shallows of the Laguna Madre. The department wilt partner with Worldwinds Windsurfing to provide instruction and equipment. 2) Location where services will b r vide : Corpus Christi natatorium 3202 Cabaniss Road Corpus Christi, TX 78415 Sail Corpus Christi 200 s Shoreline Corpus Christi, TX 78401 Texas State Aquarium Sea Lab 2710 N Shoreline Blvd Corpus Christi, TX 78402 1J o r l d w i n d s Windsurfing 14493 SPID Ste A Corpus Christi, TX 78418 Oso Creek Wetlands Oso Creek Pkwy, Walking Trail Area 78414 Dolphin Docks Fishing Charters 234 W Cotter Port Aransas, TX 78373 Youth Odyssey Ropes Course located off of interstate 37 towards San Antonio All above locations play a very important role in the TEEN TREKKERS program, as they are actual program activity sites. 3) I dates of Service: From June 9, 2008 to August 31, 2008 4) Days_ and Hours of provided services: TEEN TREKKERS will operate Monday through Friday, June -- August 8, 2008. Camp will not be held the week of June 30 — July 4. Times will vary due to the various programs and according to the services being provided by collaborating agencies and organizations. The general operating hours for the TEEN TREKKERS S program will be 8 :00am to :OOpm. 5) Number of undu�iicated nth to be served /adults to be _ served (if applicable): 100 youth 6) Mentor toysouth ratio: 4 to 20 a) Number of contacI ■ _ _ _ t hours per month: Summer: 45 hrs weeks PPq.iP. 1 I 1 I i 7) Describe the target oDulatron toserved: Program efforts will be structured around the specific reeds of 78415 teens by: Creating a positive, safe environment to challenge their communication, team work and leadership abilities Providing adult mentors (recreation leaders) to talk with participants and encourage trust and respect Femoving barriers to participating in activities outside their neighborhoods by providing transportation and leadership Educating participants about the importance of preserving and protecting our outdoor resources Emphasizing the development of respect and trust in themselves and for others. The TEEN TREKKERS KERS program is designed to increase participants' ability and/or motivation to make positive life choices, to deal with conflict, to stay in school, to gain trust and respect for their fellow participants, mentors and authority figures by: • Providing a setting where they can feel a sense of belonging • Providing opportunities to interact with other teens in an environment that encourages trust and respect • Providing mentorirg support from caring, interested and positive adult role models • Helping remove barriers from participating in outdoor recreation activities • Providing opportunities to increase activity and leadership skills. 8) Describe each eaI of the service and/or nr gram, including the impact on juvenile crime: G oal(s): To bring the Teen Trekker experience (provide social and life skills development) to at -risk youth residing in the 78415 zip code. Objective(s): Within a 3 -month period, each participant in a Teen Trekker class will have increased their social and life skills via outdoor programming to include team building, outdoor fishing trips, basic water safety and nature conservation concepts 9) How will this service be available to families without transportation: Youth will depart from two pre - determined safe departure sites in the 78415 area. Parents and youth will be given the choice as to which home base (departure site) they wish to leave from each morning. Two passenger rental vans driven by employed Program Coordinators will then come around to pick participants up and take them to the daily activity. 1O)Describe the "safe passage" plan for youth/families without transportation: Youth will depart from two pre - determined safe departure sites in the 78415 area. Parents and youth will be given the choice as to which home base (departure site) they wish to leave from each morning. Safe departure sites will be arranged with CCISD schools in the 78415 area. Each departure site will have a City employed Recreation Leader that will check participants in each day. Two passenger rental vans driven by employed Program Coordinators (who have taken the required safe driving course) will then come around to pick participants up and take them to the daily activity. Youth will be accounted for before departing the home base, when departing from program sites, and after returning from the day's activities. Vans will be rented from Enterprise and all youth will have additional liability insurance purchased ahead of time. Seatbelts will be required at all times. No more than 10 youth will be transported per van accompanied by two paid City Staff per van. Also, all four paid employees will be required to have a current CPR certification and a City issued cellular phone will be kept on hand at all times by program staff in case of emergency or urgent situations. 1 $taffirrg` liescribe , the staffing plan for FY08 including staff Jpervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: - - - -- Four staff positions (two Program Coordinators and two Recreation Leaders) will be advertised on the City of Corpus Christi job recruitment web page. Extra recruiting efforts for the Program ram Coordinator positions will be made at Texas A&M Corpus Christi and Del Mar College. Interviews will be conducted and the best candidate for each position will be carefully considered and then selected. Desired qualifications and experiences will include youth recreation programming experience, past work experience, education, certifications, related training, and the ability to perform required duties. All candidates will be subject to the following: Criminal background check DPS Driving record check Drug and alcohol test Required current CPR certification or ability to obtain prior to start of program Drivers safety course (Program Coordinators) Mandatory summer employee orientation Mandatory program specific training In the event that a Teen Trekkers staff is unable to report to work for any reason, a staff member from our current recreation center staff will be pulled to cover the vacancy. Our division has 13 full time positions that will meet the minimum standards for the Program Coordinator position and 40 part -time positions that meet the Recreation Leader standards. 11. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Registration/Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) Registration /Consent Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A JO Service Tracking Form must be completed for every participant receiving services (s) on a monthly basis. The Service Tracking form must be submitted monthly to the Fiscal Agent with the monthly billing. Registration forms and service Tracking forms must be submitted for each month for which the subcontractor(s) request reimbursement for service /program costs. 111. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Service Tracking Form g must be documented. IV. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below: Juvenile Assessment Center CYD ATTN: Celina Pusher CYD Project Coordinator City of Corpus Christi 226 Enterprise Pkwy, Ste, 104 Corpus Christi, Texas 78405 The monthly billing will consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bills. c. Monthly JD Service Tracking Form d. Registration /Consent Form (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration /consent form f. Any Prevention and Early Intervention Surveys (Pre and Post) 9. Any Prevention and Early Intervention Satisfaction Surveys Subcontractor will adhere to the following billing schedule: EXPENDITURES THROUGH MONTHLY BILLING DUE DATE September 30, 2007 October 81, 2007 November 30, 2007 December 81, 2007 January 31, 2008 February 29, 2008 March 31, 2008 April 30, 2008 May 31, 2008 June 30, 2008 July 31, 2008 August 31, 2008 October 5, 2007 November 5, 2007 December 5, 2007 January 5, 2008 - - - - - -- -- - - February 5, 2008 March 5, 2008 April 8, 2008 - - -- - - - -- May 5, 2008 June 5, 2008 July 5, 2008 August 5, 2008 September 5, 2008 11, EXPENDITURE E SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcon rac or Estimate of FY 2007-2008 Expenditures by June 30, 2008, Subcontractor will lose any uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent wilt notify Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule - Subcontractor Estimate of FY2008 Expenditures Month Estimated Percent of Total Expenditure Rude September 2007 October 2007 November 2007 December 2007 January 2008 February 2008 March 2008 April 2008 May 2008 June 2008 July 2008 August 2008 0% 0 0 0 0 0 0 0% 0% 0% $5,572 $7,801 $7,801 $6,686 o 0% 0% 20% 28% 28% 24% Attachment -1 City of CC -Park & Recreation Dept Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 Summary Budget FYS COST CAT EGORY TOTAL 1. A Personnel - Salaries $9,108.90 B Personnel - Prim a Benefits 696.83 c Personnel - Travel 356.00 2. 1 later and Su , •lies 1,566.27 3. Eouisment 0.00 4. Other Costs 16,100.00 TOTAL BUDGET $27 828.00 Cash Match In-kind Match $0.00 $0.00 Attachment City of CC - Parks & Recreation Dept. Budget Information Forms Contract Period: Sept, 1, 2007 - Aug. 31, 2008 (1a) Personnel - Salaries was Position or Title Number of Staff for Position Pro i am Coordinator Recreation Leader c Average Full Time Annual Salary D Percent of Time on Budgeted Position E Number of Months Employed F Cost (BxCxDxE) {Total} 1 553.60 1,24'7.40 100% 100% $3,495.60 S5)i13.30 TOTAL SALARIES Total $9,108.90 Attachment City of CC - Parks & Recreation Dept. Budget Information Forms Contract Period; Sept. 1, 2007 - Aug, 31, 2008 (1b) Personnel - Fringe Benefits (Employer's Share) FY08 Fringe Benefits Based on (la) Salaries Paid* Program Coordinator (FICA) Frhige Benefits Based on (la) Salaries Paid Attachment B-1 City of CC - Parks & Recreation Dept. Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (lc) Personnel - Travel FYO$ 1 Type of Expense (transportation, Purpose (Destination and 1 food, lodging, rni�ea a Total . , fig, Benefits to Pro rain) }Pick up program supplies, visit program sites and sickuI I ui ment $356.00 .00 Mileage TOTAL TRAVEL $356,00 Water for partici Sunscreen Attachment 13 City of CC -Parks & Recreation Dept. Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (2) Materials and Supplies FY08 Descri ri ' Lion and Basis for Cost ants Total $150.00 Ice Chests Health Snacks Bait and Tackle Fishin• Rods and Reels 1 60.00 300.00 261.27 625.00 TOTAL CONSUMABLE SUPPLIES 1 566.27 Attachment -1 City of CC -Park & Recreation Dept Budget Information Forms Contract Period: Sept. 1, 2007 - Aug. 31, 2008 (4) Other Costs FY08 Description and Basis for Cost Sailin 27 5 participants (Program Element) Windsurfing $35 partio ants (Program Element) , TX State Aquarium Program $5 x 100 participants Prog. lemt Fishing x 50 participants (Program Element) Basic Water Saf, Trainin ' x 100 I artici I ants Bus Rental from CCISD TOTAL OTHER COSTS Total $1 350.00 1 750.00 500.00 2,000.00 3,000.00 7,500.00 l 60.00.00 SUBCONTRACTOR: City of CC - Parks & Recreation Dept. CONTRACT PERIOD: 09/01/2007 to 08/31/2008 TITLE: Community Youth Development Program Request No. Reporting Month ATTACHMENT B-2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST 1 - 2 *City Use Amount (1) TI (2) T Amount Only Budgeted Expended Invoiced Requested* Amnt. Paid Personnel - Salaries Program Coordinator 3,495.60 Recreation Leader 5, 613.30 TOTAL 9,1 08.90 Personnel - Fringe Program Coor (FICA) 267.41 Rec Leader (FICA) 214.71 Rec Leader (FICA) 214.71 TOTAL 696.83 Personnel - Travel Mileage 356.00 TOTAL 356.00 Materials and Supplies Miscellaneous Supplies TOTAL Rental, Lease or Purchase of ui inept None TOTAL 1,566.27 1,566.27 0.00 0.00 Other Costs Sailing 1,350.00 Windsurfing 1,750.00 Tx State Aquarium Pro. 500.00 • Fishing 2,000.00 Basic Water Safety 3,000.00 Bus Rental ' 500.00 TOTAL 16,100.00 TOTAL 27,828.00 Amounts expended cannot exceed amount budgeted. 1 certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date Attachment B3 City of Corpus Christi, Parks & Recreation Dept. BUDGET NARRATIVE The City of Corpus Christi is fiscally sound and prepared to fully fund TEEN TREKKERS S until such time that reimbursements are submitted and approved. Budget numbers were arrived upon the basis that the TEEN TREKKERS S program will serve 100 over an eight week summer period during the Summer of 2008. Descriptions of each budget line item are listed below. Staff Salaries $9,1 08.90 A Program Coordinator working 40 hours a week over a 9 week period at $971 an hour. Two Recreation Leaders working 35 hours a week over a 9 week period at $8.91 an hour. The additional week of work is to account for training and program closeout. All salaries combined amounts to a total of $9,108.90 fjjnge Benefits $696.83 Program positions will not receive health, retirement, vacation pay or sick pay benefits. However, FICA will be included at 7.65% of the total salaries, equaling to $696.83. frsonneI Travel $356.00 Program personnel will be required to drive and therefore will receive per mileage a . Destinations will include program sites, retailers, and city offices. The per mile rate is calculated at .445 per mile x 100 miles per week x 8 weeks, coming to a total of $356. Material and Supplies $1,56627 Materials and supplies are based on service to 100 teens. Materials and supplies line items are listed and described below. Water Because of the nature of the program and summer season, water will be provided to participants. 25 cases x $6.00 each - $150. Sunscreen Sunscreen will be provided for participants as a preventative measure from sunburn. 10 bottles of sunscreen x $7 each = $70 Ice Chests Four large ice chests will be required to keep water, snacks, and lunches cool. Four ice chests x $40 each = $160 Healthy Snacks Because teens will be going through physically enduring activities throughout the program day, snacks wilt be provided to them in the afternoon = $300 Fishing Rods and Feels Twenty-five(25) rods and reels wilt be purchased to be used during kayaking expeditions. 25 sets of rods and reels x $25 each = $625 Bait and Tackle Bait and Tackle for each fishing trip will be purchased. Prices vary depending on weight of tackle and type of bait - $261.27. Total Materials and Supplies = $'1,566.27 other Costs $'16,100.00 All fees for program elements provided by collaborating agencies and businesses are included in other costs Basic Water Safety Training - $30 x looteens = $3,000 Sailing - $27 per teen x 50 teens = $'1,350 Windsurfing $35 per teen x 50 teens = $'1,750 TX State Aquarium Sea Lab = $5 per teen x 100 teens = $500 Fishing - $40 per teen x 50 teens = $2,000 Bus rental — CCISD transportation services - $7,500 Total other costs = $16,100 Total Program Budget $27,828 Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "City of Corpus Christi Parks and Recreation Department, Recreation Centers Division" will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he/she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ('CFR") Part 92, Office of Management and Budget "OMB" Circulars A-87, A -122, A- 110, and 40 Texas Administrative Code "TAC" 732.240-256 as applicable and amended. in the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A -122, A -110, and 40 TAC 732.240-256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely - 20 - responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS ERATIOI S A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per Attachment A -2 of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract. F. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. - 21 G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense /cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR EPAY lEI T A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non - Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. - 22 - Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten 10 ) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or state laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-87, A- 122, A-110, 40 TAC 732.240-256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals. SECTION 6. ACCOUNTING RE UIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING/ REPORTING TING F E UII EME TS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services " HHS" , or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and .other records pertinent to claims submitted during the Contract Period for a minimum of five years after the termination of the Contract Period, or for five years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self - evaluation report within 45 days following the end of the Contract Period. The self - evaluation report should address the accomplishments of the program /services, the effectiveness of the services provided, and the attainment of output measures, evidence -based performance measures and program goals listed in this Contract. - 24 - SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non - governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub-subcontractor who will provide services as part of this Contract. Each Sub - subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if 5f the performances rendered were rendered by Subcontractor. - 25 - SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shalt state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICALASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other greetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to - 26 - services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non- compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow -up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this - 27 - Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty -four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. YEAR 2000 COMPLIANCE Subcontractor has full responsibility to anticipate and mitigate any four -digit -year related events that could adversely affect the timely performance of this Contract or the date - related operations of any goods, files, or services provided pursuant to it. Subcontractor warrants the fault free performance in the processing of date and date - related data by any product developed and delivered to Fiscal Agent pursuant to this Contract. Fault -free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four - digit -year elements. Subcontractor further agrees that four - digit -year elements will be used in any electronic data interchange that may occur with the Fiscal Agent as a result of this Contract. Subcontractor shalt not be entitled to additional compensation or additional time to perform these obligations. - 2 g - SECTION 14. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1 986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form 1v -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 16. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non-discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 16. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year -end in accordance with the single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Ikon - Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. P. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designatecl by the Fiscal Agent or the Department. Such audit will be conducted in accordance 29 - with applicable professional standards and practices. D. In the event a final audit has riot been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION of CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his /her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of are act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business -. - or organization which the member directly represents. SECTION 18. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. L. Failure on the part of Subcontractor to m ply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 19. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub- subcontractors. In the event of doss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (90) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED ITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti- religious activity, worship, or instruction. SECTION 21. POLITICAL ACTIVITY/LOBBY1NG The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislature measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ("USC") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY fITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical /mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace a and confidentiality guidelines regarding AIDS and HIV); 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other - 32 - information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the - 33 - Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses fisted in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. P. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain - 3 4 - and furnish proof of the following bonding and insurance coverage within forty - eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars $1 ,000,000) minimum aggregate limit. The Fiscal Agent and Department ent shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non -owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. Alt coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, 35 - as set out above, but shall also be subject to the indemnification provisions contained in Section 19 indemnification of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the f=iscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 26. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. subcontractor shall require the same certification from its subcontractors, which shall be forwarded to f=iscal Agent along with the request for Sub- subcontractor approval as required by Section 8 (subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE -AID ASSISTANCE REGARDING AF DIN PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. PJCLOSURE OF CONFIDENTIAL INFORMATION ITION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However, Subcontractor's information may be subject to required public disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code. SECTION 28. CQMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the - 37 - Cover Sheet of this Contract. The parties may change their notice addresses upon five written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A -1 to this Contract, Statement of Work, Attachment A -2 to this Contract, Budget, Attachment -1 to this Contract, and Budget Narrative, Attachment B -3 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 3. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff 8 shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the lever negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1. requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article 11 of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. fORJE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 3 . MONTHLY PERFORMANCE RMANCE F EVIEII Subcontractor and Fiscal Agent shall meet at least monthly to review Subcontractor's performance to determine whether Subcontractor is meeting all performance measures identified in Attachment A-1. SECTION 3 . SUSPENSION OF PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A-1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract.. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1 which relate to: number of unduplicated youth served, timely submission of billings and monthly reports, youth served under the age of 10, percentage of participants involved in meritoring services, completed asset surveys initial and follow up asset surveys), completed satisfaction questions, demonstration that CYD youth have increased assets, CYD participants perceive services as effective and percentage of non referred CYD Youth to juvenile probation.