HomeMy WebLinkAboutC2006-106 - 3/21/2006 - Approved
CONTRACT
(Cover Sheet)
TITLE OF CONTRACT.
CONTRACT NO
Community Youth Development
CYD 2006-4b
This contract ("Contract") is entered Into by the City of Corpus Christi (UCity" or uFiscal Agent") and
the foUowing named Subcontractor:
CITY:
City of Corpus Christl
P.O Box 9277
Corpus Christi, TX 78469-9277
Telephone: (361) 826-3466
FAX: (361) 826-3864
Contact Person" Reba George
SUBCONTRACTOR:
Planned Parenthood of South Texas, Inc.
3536 Holly Road
Corpus Christi, TX 78415
Telephone: (361) 855-9107
FAX: (361) 855-6822
Contact Person: Amanda Stukenberg
Subcontractor agrees to provide services in accordance with the provisions of this Contract and under
the Community Youth Development Program (UCYD") funded by the Texas Department of Family and
Protective Services (UDFPS") This Contract consists of the following attached documents vvhich are
Incorporated herein by reference:
Contract (Cover Sheet)
Performance Measures (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 ofthe City of Corpus Christi underthis Contract are expressly contingent upon the
availability of funds for such purpose under the funding sources:
CONTRACT PERIOD. From: March 1,2006
Through: August 31, 2006
FUNDING OBLIGATION
Not to exceed $13,208.00 for FY 2006 for Contract Period stated
above.
ATTEST:
I j\" Cf'}--;,
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Armando Chapa v'
City Secretary
Executed in triplicate, each of which recognized as an original.
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, ... . . - . City of rpus Christi
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r.'....n'~~{t.Gity Manager
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Legal form approved _'". ~.""
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,2006;
Su bcontractor:
Planned Parenthood of South Texas, Inc.
2006-106 ----
03/21/06 is
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Attachment A-1
CONTRACTED PERFORMANCE MEASURES
(Community Youth Development Program Contracts)
Performance measures typically mclude outputs and outcomes. Output measures
demonstrate perfOlmance m terms of the quantity or volume of services provided, for
example. the numher of cbents 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 mtended goals/objectives. Outcomes relate to behavior,
skllls, knowledge. attitudes, values, etc.
The City of Corpus Chnstl will contract with Service Providers to meet the following
performance measures beginnmg March]. 2006:
Output #1: Number of youth served
Indicator: Number ofunduphcated registered youth served during the contract
period as reported through participation data entered into the Prevention and Early
Intervention Servi\:es database, which will be March 1, 2006 through August 31,
2006 for the imtial contract period as established through this RFP. UndupIicated
means partIcipants will be counted once only during the contract period to determine
th1s 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 pre\ ious years must he counted again when s/he receives her/his first
service dunng the ne\v contract period.
farget: 50
Note: If adults wil be served, a separate output measure will be included in the
contract for those participants.
Output #2: Number of adults 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 March 1,2006 through August 31,
2006 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 preVlOU'i years must he counted again when s/he receives her/his first
service during the new contract period.
Target: ]'7
Output #3: TImely submission of Billings and Monthly Reports
Indicator: Percent of monthly billings and reports submitted within 7 days after the
close of a month of service.
Target: 90u/o
Output #4: '{ outh 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. TIm 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: 300/0
Output #5: Completed Asset Survey
Indicator: PercenL 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 \vhom another provider initially registered for the
CYD program. wi ] not be included in the calculation for this output.
Target: 500/0,
Output #6: Completed SatisfactJon 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.
farget: Soou,
Outcome #1 : ("Y D youth have Increased assets
Indicator: Average increase In the absolute number of assets for youth receiving
CYD services. Data collected from completed Asset Surveys (see Output #4) will be
used to calculate this outcome. The initial (pre) asset 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) asset survey. Follow-up (post) asset surveys will be
completed at a time based on average length of service (to be determined by DFPS)
or when the youth leaves the program.
Target: Negotmted. During the contract period, collecting and reporting the data for
thiS outcome \\ ill be a reporting requirement. The data will be used to determine a
benchmark for the outcome
Outcome #2: ('YI) Participants Perceive Services as Effective
Indicator: Percem of youth that report CYO services had a positive impact. For
vouth that participate in multiple services, one survey should be completed
COtTesponding to the first program service in which they participated.
Target: NegotIated. During the contract period, collecting and reporting the data for
thIS outcome will he a reporting requirement. The data will be used to determine a
benchmark for the outcome.
Outcome #3: Non.referred CYD youth
Indicator: Percent of CYD youth report not referred to juvenile probation.
Target: 9500
.Vote: PelfornlOncc measures, indicators and largets are set at the discretion of
f)FPS and may be changed at anr lime, hut ,vilf not be changed without due notice to
Fiscal Agems.
Attachment A-2
STATEMENT OF WORK
Subcontractor:
Planned Parenthood of South Texas
Program Name:
Youth Responsihl lity Program
L SERVICES TO BE PROVIDED
a) Program Description: PPST ,>\'ould provide education, mentoring and activities for 300 youth
with a goal of improvmg life skills and reducing juvenile violence. All programs would be
voluntary. The programs would be provided one on one or in small groups of 15 or less. Six
strategies would be offered:
Young Men United: The Young Men United (YMU) project would provide before and
after school mentorshlp, activities and life skills training for up to 15 young males per site at
elementary and middle school~ in the 78415 zip code. The ten week program would include
infomlation and discussion on bullying, hazing, harassment, fighting, smoking, alcohol and
drug abuse, decision making, healthy relationships, communication skills, peer pressure,
refusal skills and budgeting. Health issues covered would include prevention of teen
pregnancy. obeslty. diabetes, and handling stress. Activities would include field trips, parent-
child events, commumty service and graduation ceremony.
She Thing: The She Thing project would provide before and after school mentorship,
acti\itles and life skills training for up to 15 female youth per site at elementary and middle
schools in the 78415 I'lp code. The kn week programs would include information and
discusslOn ofbutlying hazing, harassment, fighting, smoking, alcohol and drug abuse,
decision making. healthy relationshlps, communication skills, peer pressure, refusal skills and
budgetll1g. Health Issues covered would include prevention of teen pregnancy, obesity,
diabetes, and handling stress.\ctivities would include field trips, parent-child events,
community service and graduation ceremony.
Teen Talk: PPST would provide weekly after school programs for high school students
at Carroll and Ray High Schools addressing bullying, hazing, harassment, fighting, smoking,
alcohol and drug abuse, decision making, healthy relationships, communication skills, refusal
skills, dnd budgeting. Health issues covered would include prevention ofteen pregnancy,
obesih. diabetes and handling streS5..
Baby Think It Owr: (BTO) Participants may enroll in the Baby Think It Over weekend
program. Participants and their parents receive an orientation at our facilities on household
budgetll1g, child abuse. domestic \wlence, and positive parenting skills. From Friday
evening through Monday mom mg. participants take home a Baby Think It Over doll which is
programmed to cry ifmishandled, shaken, abused, and when it needs to be cuddled or fed.
The BTO doll is equipped with a computer that gIves a read-out at the end of the "parenting
weekend" on how often the inf:1nt cried, the length of time it cried, and whether it was shaken
or ahused. In addit Ion to leamlllg the physical demands of caring for an "infant," participants
must complete two budgets: aile of general household expenses and one for baby expenses.
The" keep a diary of the weekend, \\ rite a one page feedback form about what they learned
from the experience, and partiCipate in a one-on-one feedback session with our educators to
give closure to the experience A parent must participate in the initial orientation and parents
are asked to complete a feedback form at the end of the weekend. The "parenting
expenence" is used by both parents and by PPST educators to help teen explore their goals,
including finishmg school, college, Job training, and becoming financially independent. The
program also explores how well the teen tolerated the frustrations of parenting, and helps the
teen set a goal for avoiding those behaviors that lead to early parenting.
Pamphlet Feedback: Participants receive orientation session in agency library, where
thev select pamphlets approved by the Community Education Committee. Participants may
work at the agency. 01 take the pamphlets home with them. After reading and studying the
information, they provide \vritten narrative feedback (minimum one full page per pamphlet)
about what the pamph let is about. what audience it would be appropriate for, how it should
be used, and what Its message means to them. The topics covered by the educational
matenals include: smoking, chewmg tobacco, smoking and sports, drug abuse, prescription
drug abuse, steroid abuse, alcohol abuse, drinking and driving, drinking and HIV, bullying,
ha/mg. harassment, coercion and emotional abuse, date rape, date rape drugs, STDs and HIV,
domestic violence. and fighting, along with positive infomlation on communication skills,
goai setting, decision making, building healthy relationships with peers and parents, and
refusal skills. After completing the written assignment, they meet with an educator to review
their work and discuss the Implications of the risk behaviors studied. Participants would
make two visits to the service site at the original orientation and to return the written reports
for the feedback session.
Office'Vork: Participants volunteer to work in our offices doing clerical work, with a
goal of leammg basic office skills and getting an orientation on health care job opportunities
and skIlls. For studems enrolled in the health sciences programs, the program offers an
opponunity to work in a clinic setting. Participants will be supervised in their office work by
educators and c1mic staff. They vvdl learn how to use basic office equipment, help prepare
educational materials, and learn about office etiquette and good work habits. They will learn
about confidentiality, HIPP A regulatJons, and medical office procedures. A log is kept of
hours \\ orked, and a \\ ritten evaluation completed ofthc participant's job performance.
b) InclUSIve Dates for Senrice Proyislon: March I, 2006 August 31,2006
C) Goals oft11e Program/Service (to include the impact on juvenile crime): Two program
outcomes that CYD participants will demonstrate after participation in the proposed program
are ] i 75% will demonstrate IIlcreased awareness of the factors leading to and risks of
hazll1g, bullying, coercion, date rape, date rape drugs, unhealthy relationships, teen pregnancy
and sexually transmitted diseases; 2) 750A) of participants will demonstrate increased
awareness and appreciation of the responsibilities of parenting, including the time and money
involved in caring jor an infant (household budgeting skills). The assessment tools used to
measure these outcomes include a parenting contract, a dairy of parenting activities, written
feedback (narrative) by participants about the topics, completion of a monthly household
budget and Baby's monthly budget worksheet, and a parent evaluation.
The Y ()ling Men United, She Thing and Teen Talk programs will reduce or prevent the
impact of juvenile crime by providing adolescents with infomlation on the physical,
emotional and legal consequences or at-risk behaVIOrs, by helping them to develop refusal
skl lis. by helpmg them set goals for their future, by improving communication skills with
parents, schools and peers, and by providing before and after school activities in safe
envmmments that will encourage responsible behavior. A special focus is placed on
reducmg domestic and partner violence. The program helps young girls and young men
identIfy factors In unhealthy relationships that lead to coercion, emotional and physical abuse,
aVOId dangerous dating situations that lead to date rape, and develop skills that result in
reduced incidence of.iolence. teen pregnancy, alcohol and drug abuse, and other behaviors
that lead to dropping nut of school
The Baby Think It 0\ er program helps teen understand the consequences of risky behavior
that leads to teen pregnancy, encourages positive parenting skills, and helps students
recoglllze how child abuse, neglect and "shaken baby syndrome" can occur. The BTO
program also helps young people understand ho\\' much money they will need to manage a
household, encouraging them to stay in school and avoid dropping out, which helps prevent a
range of juvenile crime. Youth who remain in school are less likely to become victims or
perpetrators of Juvenile crime.
The Pamphlet Feedback program gl\es youth baSIC information on a wide range of health and
de\ elopmental programs, and mfonnation on how to develop the skills to avoid and/or cope
with the problems. It lI1cludes mforrnation on smoking, drugs, and alcohol abuse, hazing,
bullying, coercion, stereotyping, rape, date rape, date rape drugs, healthy relationships,
obesity, diabetes, teen pregnancy, STDs and HIY. By engaging each participant in first
written feedback on the risks, and then in one-on-one verbal feedback, the program will assist
each adolescent In recognizing their mdividual exposure to the at-risk behaviors which result
inJllvl.:nile crime.
The Office work strategy will prevent the impact of juvenile crime by helping youth prepare
for the workforce, and giving them lIlsight into possible careers in the health profession. It
will provide a safe. supervised setting in which to learn office skills and etiquette, such as
ho\', tu dress. promptness, ho\', to \\ ork effectively with co-workers and administrative staff,
hO\\ t\l use office machines, how to keep track of a time sheet and report hours, and
con fidentiality. By encouraging pre-employnlent skills, the strategy will encourage youth to
set educational goals that meet job requirements, thereby reducing school drop-outs, which is
key 1(1 reducing JU\ el1Ile crime
d) Days and Hours of provided services: The Teen Talk. YMU and She Thing programs are
offered at school sites before and after school, providing participants with safe and accessible
acti\itles. The Baby Think It Over, Pamphlet Feedback and Office Work activities are
offered after school, on the weekends and over school vacations, giving youth access to
infom1ation and programs at times when they might otherwise be unsupervised. Both PPST
office sltes are open year round. The Holly office is open 8:30-5 Monday through Friday,
and 8: \0-7:00 pill. on Thursdays. The Dillon office is open 8:30-5 on Monday, 8:30-8 on
Tuesdays, 8:30-7:00 on Thursday, and 8:30-5 on Wednesdays and Fridays. By providing the
Babv Think It Over project as a weekend experience that they complete at home with their
parents. the program provides activities for youth on Saturdays and Sundays. The written
feedback fi:mns can be completed at the office or taken home, allowing youth to work on
their projects both onsIte or at home throughout the week.
e) Program location where the services will be provided: The two PPST service sites are 3536
Holly Road, Corpus Christi, Texas 78415 (at the comer of Carroll Lane and Holly) and 4410
Dillon Lane, SUIte 1, Corpus Christi, Texas 78415 (in the Commerce II office park where
Ayers and Port divide across trom the Department of Human Services office and behind the
JU\cnlle Justice Center on Gollihan Both locations have libraries open to the public and
areas where youth can participate in programs and be supervised. Both sites have computer
kiosks available to youth so they can research health issues on the web. In addition, the Teen
Talk, Young Men Umted, and She Thing Programs will be offered at Carroll High School
(Weber Road, 78415). Ray High School (1002 Texan Trail 78411), South Park Middle
School (3001 McArdle 78415), Kostoryz Elementary (3602 Panama 78415).
f) How services will be available to youth and/or families without transportation: The Ayers
(Dillon) site is centrally located, accessible by bus because there is a large bus transfer station
at the entrance to our parking lot, and provides easy access. The Ayers (Dillon) location will
draw youth from across the 78415 area. The Holly location is not easily accessible by bus,
but w1l1 serve youth in that segment 01'78415.
g) ~~Safe passage" plan for youth and/or families without transportation: Youth will arrive
safely at proposed sef\ice sites by car at the Holly Lane Office or by bus or car at the Dillon
Lane Office. For before and after school programs, they 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 lripS and activities will be provided only with parental participation,
with parents providing transportation. In the Baby Think It Over project, parents and youth
must attend the orientation meeting together, so the parent is responsible for transportation.
h) Population to be served by the program: The program will meet the specific characteristics
and needs of78415 youth in the following ways:
· Each school program is specifically tailored to be appropriate for the age group, school
population and neighborhood and cultural background from which the participants are
dra\vn. The written materials used are designed to be appropriate for different
populations III the community. including different reading levels, different cultural
hackgrounds, and different language groups. The materials are approved by a
Community Board composed of persons from diverse cultural backgrounds in order to
assure that the range of education materials meets the needs of the 78415 community.
The program is designed to draw on the strengths of different cultural backgrounds to
relnforce positive, responsible behaviors.
· Staff is selected for each project based on their ability to communicate and connect with
""'8"+ 15 youth, and many are from the neighborhoods they serve. Staff is culturally
di\erse, bilingual, and also offers both a female and a male perspective.
· fhe program proVides youth with college age role models and mentors who take an
mterest in all aspects of the young people's lives, academic, social, developmental, and
eXlracurncular.
· fhe Baby Think It Over doils are culturally diverse, includll1g Black, Hispanic, and Anglo
'babies" so all participants will bond with their infants.
· The programs are easily accessible at multiple locations in the 78415 area, appropriate for
elementary, middle and high school age youth, offer a safe place with supervision, and
offer coping skills to help youth remain safe after the program is over.
· The programs are primarily offered when school is not in session, taking youth off the
streets and involvmg them in constructive activities.
· The program offers parent youth activities to build stronger family bonds, are wholesome,
and culturally relevant.
I) The number of youth and/or family members to be served: Approximately 150 unduplicated
youth and 37 parents during the contract period. Total for Fiscal Year 2005-2006:
approximately 300 unduplicated youth and 75 parents.
i i An explanatIOn of ho\\' CYD funds will be used to enhance existing services, if applicable:
These funds will target the 78415 community. A study done by Dr. Rhoades from Texas
A&M University Corpus Christl, Risk Factor Data and Trend Analysis 6th Edition report,
dated 12/31/03, highlights the characteristics and challenges facing youth in the 78415 area.
Risk factors such as teen pregnancy, child abuse, dropouts, and drug and alcohol use. These
specific risk factors identified by Dr. Rhoades are addressed by this program. The proposed
program is primari ly a one-on-one interaction between staff and youth. The funds will allow
the ti\ c staff persons to spend more time on the project, allow us to purchase more
edllcallonal matenals on a broad range of risk tOpiCS, and to keep the Baby Think It Over
equipment fully functional. By allocating 10% of each staff person's time, the program will
be able to superyise more youth in the program.
k) Descnption of how service programs will be culturally diverse: The service programs will be
culturally diverse through their content, through the diversity of program staff who will work
with participants, and r.hrough the dl\'ersity of the participants themselves.
First, the Baby Think It Over Dolls themselves are culturally diverse, including Black,
Hispanic and Anglo "babies" so that all participants will feel a bond with their infant.
Secondly, the written materials used by the agency are designed to be appropriate for
different populations in the community, including different reading levels, different cultural
backgrounds. and different language groups. The materials are approved by a Community
Board composed of persons from diverse cultural backgrounds in order to assure that the
range \)reducation malerials meets the needs of the community.
Sec,mdly, the program staff~ who \vdl work with the participants, are themselves culturally
diverse and bilingual.
Thirdly, the staff has e'\.perience and training in working with participants from across the
city from all cultural backgrounds. Because many of the participants are referred by schools,
or b\ county or municipal courts, they represent a culturally diverse group. Research has
shown that cultural messages and famIly values playa strong role in molding a young
person's attitudes towards health issues and parenting. Our programs are designed to draw
on the strengths of different cultural backgrounds to reinforce positive, responsible
behaVIOrs.
I) Staffing plan, with personnel qualifications, iob descriptions, criminal check verification, and
trall1ing: A TT ACHMENTS OF JOB DESCRIPTIONS INCLUDED ~ Staff and volunteers
for the program wlll be recruited, screened and hued by the Executive Director who has 12
years of experience in hiring and supervising staff. All staff will be screened for criminal
background checks, all references will be contacted, and no staff person is left alone to
super\lse a minor without other adults present. Volunteers are held to the same standards as
paid staff. All staff and volunteers are evaluated after a three month probationary period,
agam at SIX months, and then annually. Training will be provided by the Education Director.
Five part-time positions are assigned to this project, thereby allowing us to utilize the skills
of a diverse group of educators (age. gender, ethnicity, language abilities) who bring different
talents to the proj ect.
Cinda LeBus, the Director of Education, has a MS in Counseling and Educational
Psychology, is enrolled in a Ph.D. program, and teaches health at Texas A&M-CC. She has
six \lear's experience 111 her current position, 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 at Coastal Bend Youth City and in foster care; and two years as a substitute teacher.
Fred }'uentes has run the Young Men United Project for two years, has a BA in Criminal
.Justice. and 1S enrolled at T AMU-CC in the Masters in Counseling Program. He has worked
as a caseworker for the' Ark Assessment Center and Emergency Shelter for Youth, and as a
clerk at the Nueces County Court House. He has taught at the NCJJAEP program, and
sened five years ill th\..' U.S. Anny. Chris Hernandez has a BA in Criminal Justice, and for
three \ ears has run OUl "She Thing" program and Teen Parent Panel. She is currently
enrolled at TAMUC( for a Masters in Counseling. Pam Post has experience as a health
educator working with the target population for five years. Under their leadership the number
of partIcipants in our educational program has doubled in the last two years, and the number
of ell ffcrent 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 teen pregnancy rates have dropped.
II CYD ( LIENT REGISTRATlON AND TRACKING SERVICES
a) ~ ('onselll Form m liSt be explained to every individual participating in every CYD Program.
nllS Conn authonzes participation in CYD Programs and allows the Fiscal Agent,
suhcontractor( s), 1 DFPS, and the state agency responsible for evaluating the Community
YC1uth Development Program 10 use the infonnation provided by the participants for
_'v;duatiol1 purposes
b) ,\ RegIstration Form must be completed for every individual participating in any CYD
Program for each fiscal year. The Registration Fomls must be submitted monthly to the
Fiscal Agenl \vith the monthly billing.
c) '\\1onthly Participant Summary Sheet must be completed for every participant receiving
services(s) on a monthly basis. The Monthly Participant Summary Sheet must be submitted
monthly to the Fiscal Agenl with the monthly billing.
Registration forms and Monthly Participant Summary Sheets must be submitted for each
month for which the subcontractor(s) request reimbursement for service/program costs.
III. DOCUMENTATION OF SERVICES
DocumentatlOn of all services provided to each Community Youth Development participant must
be maintained. All 01' the services listed on a Monthly Participant Summary Sheet must be
doc um ented
IV. BILLING REQUIREMENTS
The Subcontractor will submit monthly billings speci fying the costs incurred for each month of
senlCc to the City representative listed below:
Parks & Recreation Department
A TTN: CYD Project Coordinator
Ci ty of Corpus Christi
P. O. Box 9277
COtlJUS Christi, Texas 78469-9277
The monthly billing WIll consist of the following documents:
a Budget Infonnation Summary and Reimbursement Request.
b. Copies of invoices and bills.
c Monthly ParticIpant Summary Sheet.
d RegistratlOn/Consent Form (to include accurate and complete information prior to submitting
10 the Fiscal Agenu
e. '\l1Y Change of Information to participants registration/consent form
Subcontractor wlll adhere to the following billing schedule:
-~
EXPENDITURES THROUGH MONTHL Y BILLING DUE DATE
!
March L 2006 April 7,2006
~ -.---- -------
April :\0. 2006 May 7, 2006
'-'-------.-----------.
May31, 2006 June 7, 2006
! ...._~---"_....
, July 7,
, June 30, 2006 2006
!
! .'.-.--.------..-... ....---- --.--.-.--
, July 3 i . 2006 August 7,2006
1------- "._,-.,
August 3 1. 200h September 7,2006
-_., -._. __'__"_"__"_~'_.'m _,"_
V EXPENDITURE SCHEDULE
Subcontractor agrees that if funds are not expended in accordance with Schedule A _
Suhcontractor Estlmare ofFY 2005-2006 Expenditures by June 30, 2006, Subcontractor will lose
any uncommitted funds in excess 01'$2,500, subject to reinstatement through the appeals process
set out below. Fiscal Agent wi II notify Subcontractor in writing ofthe pending budget reduction
m Subcontractor':-. 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 a\ ailable, then Fiscal Agent and Subcontractor will meet at an agreed upon time
and Subcontractor wil j 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.
An\ excess funds forfeited by any Subcontractor will be used for other CYD programs.
Schedule A - Subcontractor Estimate of FY2006 Expenditures
Month
March 2006
April 2006
May 2006
June 2006
Julv 2006
August 2006
- _._._..
Estimated Percent of Total
Expenditures Bud2et
52,203 16.7%
- -.-
52,201 16.7%
- --
52,20 I 16.7%
- -
52,201 16.7%
- _.
52,201 16.7%
52,201 16.5%
ATTACHMENT B-1
Planned Parenthood of South Texas
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
Summary Budget
FY06
COST CATEGORY TOTAL
1 (A) Personnel Salaries $9,709.00
(B) Personnel - Fringe Benefits 1,940.00
(C) Personnel - Travel 0.00
2. Matenals and Supplies 994.00
3. Equipment 0.00
4. Other Costs 565.00
TOTAL BUDGET $13,208.00
Cash Match
$0.00
In-kind Match
$5,500.00
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Poslti\ln or Title
Education Director
Male Pro~arn (YMUI Director
She Th~ Coordinator
Health Coordinator
Health Coordinator
~.
.-------
TOTAL SALARIES
ATTACHMENT B-1
Planned Parenthood of South Texas
Budget Information Forms
Contract Period: March 1, 2006 - August 31,2006
(la) Personnel- Salaries
FY06
, Number ~ verage ~'UI1
Stafffl);'/ c~ime Monthly
Position! Salary
~
'---
~
3,000.00
2,450.00
2,580.00
2,080.00
1,994.00
-- ..
'-'
-- ---_.
D E F
Percent of Number of Cost
Time on Months (BxCxDxE)
Budgeted Employed (T otal)
Position
10% 6 1,800.00
10% 6 1,470.00
10% 6 1,550.00
20% 6 2,496.00
20% 6 2,393.00
Total
9,709.00
ATTACHMENT B-1
Planned Parenthood of South Texas
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(1 b) Personnel - Fringe Benefits (Employer's Share)
FY06
Fringe Benefits Based
Fringe Benefits Based on (Ia) Salaries Paid* on (la) Salaries Paid
Education Director $450.00
Male Program (YMU) Director 370.00
She Thing Coordinator 388.00
-
Health Educator 374.00
----
Health Educator 358.00
--
-
TOTAL FRINGE BENEFITS $1,940.00
A TT ACHMENT 8-1
Planned Parenthood of South Texas
Budget Information Forms
Contract Period: March 1,2006 - August 31, 2006
( 1 c) Personnel - Travel
FY06
I Type of Expense (transportation, Purpose (Destination and Total
food, lodging, mileage) Benefits to Program)
NONE $0.00
--'-
J
-
-.--.---
j --_.
i
~ .- - --
i
I
I
lTOTAL TR.\ VEL - -
._-- $0.00
'-.
ATTACHMENT B-1
Planned Parenthood of South Texas
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(2) Materials and Supplies
FY06
r' Description and Basis for Cost Total
i Education Supplies 394.00
Office Supplies 600.00
~
!-.---..
;
TOTAL CONSUMABLE SUPPLIES $994.00
ATTACHMENT B-1
Planned Parenthood of South Texas
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(3) Rental, Lease, or Purchase of Equipment
FY06
! Method Used
,
,
i Description and Basis for Valuation (lease, rent, purchase, Total
! etc.)
I NONE
$0.00
--,"<
'.-------.-..
I
I -_. ._..._--._~-
I ~._,._.,_.,_.- _._..
fTOTAL RENTAL, LEASE, OR PURCHASE $0.00
A 1'1' ACHl\1ENT B- t
Planned Parenthood of South Texas
Budget Information Forms
Contract Period: March 1,2006 - August 31, 2006
(4) Other Costs
FY06
Description and Basis for Cost FY 2004
Telephone (10% of educational phone costs) $300.00
Utilities (10% of educational utility costs) 265.00
--
--- .~-,
TOTAL OTHER COSTS $565.00
SUBCONTRACTOR:
CONTRACT PERIOD:
TITLE:
Planned Parenthood of South Texas
3/0 1/2006 to 8/312006
C( ,mmunitv Youth Development Program
Request No.
Reporting Month
PersOImel - Salaries
Education Director
Male Program Director
Shc Thing Coordinator
Health Educator
Health Educator
TOIA.L
Attachment B-2
BliDGETED L~FORMA TION SUMMARY AND REIMBURSEMENT REQUEST
(1)-(2) * City Use
Amount Only
Requested* Amnt. Paid
\mount
Budgeted
,I) YTD
Expended
i2) YTD
Invoiced
l.800 0(;
1,470.00
1,550.00
2,496.00
2,393.00
9,709.00
Personnel - Fringe
Education Director
Male Program Director
She Thing Coordinator
Health Educator
Health Educator
TOTAL
450.00
370.00
388 00
374.00
358.00
1,94000
Personnel- Travel
TOTAL
0.00
000
MaterIals ~d Supplies
Education Supplies
Office Supplies
TOTAL
394 00
600.00
994 00
Rental. Lease or Purchase
of Equipment
TOTAL
0.00
000
Other Costs
Telephones
Utilities
TOTAL
30000
265.00
565 00
TOTA!
13,208.00
* Amounts expended cannot exceed amount budgeted
I ceI11fy that the expenditures shown above are tme and that supp0l1ing documentation
1S attached to substantiate them
Subcontractor's Authorized Signature
Date
Payment Authorization Signature
Date
Attachment B-3
Budaet Narrative
Personnel - Salaries
$9,709
Flve (5) full time staff persons are assigned to work part-time on this project. The
program will require] 0% of 4 full time employees: our Education Director, Male Program
(YMUl Director, and She Thing Coordinator. Both Health Educators will spend 20% of their
time on the project. Due to the increase in program activity and data collection additional Health
Educator time is warranted. By utilizing more part-time staff persons, the program will ensure a
diverse group of educators from dlfferent cultural backgrounds, of different age groups and
different genders, some already parents and some still single.
fhe Education Director, She Thing Coordinator and Male Program Director all will
participate in all phases of the program.
fhe two health educators will focus on the Literature Feedback Program and Office
Work program, providing direct supervislOn of youth who volunteer in our offices, and do all
data collection.
fhe costs were aITIved at by taking the percent (either 10% or 20%) of each employee's
full time monthly salary, and multiplying by 6 months. The CYD funds will allow the program
to serve more youth and tp spend more time individually mteracting with youth.
Personnel- Fringe Benefits
$1,940
Fringe benefits are calculated at 25% of salary expenses for the Education
Director, YMU Director, She Thing Coordinator, and at 20% for both Health Educators.
FICA: "7.65%, Retirement 2.0%, Medical Insurance 14.0%, Workers Comp 1.0%, and
TWC 1 (Y'o
Personnel Travel
$0
III Kind S250 PPST will assume responsibility for all travel costs which is anticipated to be
5250.0U
for reimbursing statl for local travel.
Materials and supplies
$994
Education supplies and oflice supplies as needed/consumed over grant period of
$394 for education supplies and $600 for office supplIes.
III Kind $ j. 500 PPST will provide $1,500 worth of educational pamphlets,
office supplies and any other supply costs for this project which are
anticipated to be $] ,500 based on $10 per youth participant x 150 participants
Equipment -
$0
11/ Kind $3 750 PPST IS providing 7.5 dolls as part of our in kind match.
The dolls cost $500 apiece The total 111 kind match in equipment IS $500 x7.5 = $3,750
Other costs -
Telephone ($3001 The $300 is calculated by taking 10% of$3,000
whIch is our total.:ost of telephones under our education programs.
Uti lities ($265) The $715 ]s calculated by taking 10% of 2,650 which is
our total cost of utilities under our education programs.
Total CYD Budget
Total In Kind:
$5,500
$ 565
$13,208
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. Planned Parenthood
of South Texas 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-8?, 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-8?, 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 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS
A. This Contract is for the second six (6) months of the Department's fiscal year
contingent upon the availability and receipt of State or Federal funds that has been
allocated to the Fiscal Agent of this Contract.
B. 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.
C. 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,
D. 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.
E 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.
F 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.
G. Funds under this Contract cannot be earned prior to the first day nor after the last
day of the Contract Period.
H. The Fiscal Agent shall not be liable to Subcontractor for any charges under this
Contract which exceed the total funding amount specified.
l. All funds unearned or unexpended in the performance of this Contract shall be
retained by the Department
J. The Subcontractor is responsible for submitting bills in an accurate and timely
manner by the 7th 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.
K. 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.
L. 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
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, OMS Circulars A-B?, A-
122 A-11 0,40 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
- 4
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-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 (5) 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 (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 DepartmenVFiscal 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.
!C
SECTION 8. SUBCONTRACTING
A. Subcontractor agrees not to sublet, assign, transfer, conveyor 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
ser./ices 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.
- 6
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
- '7
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
- 8
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 shalf 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
_ I':";
../
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 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. 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
OMS 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.
10
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.
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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 (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.
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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 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 ongin. 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,
- 1.
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
- 14
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. 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
and furnish proof of the following bonding and insurance coverage within forty-
. (
-1.. ._'
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 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.
8. 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
o 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
- 16
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 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
" ,....
..L
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 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 subiect to 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
~t
(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 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.
B. 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,
- 1 ~j -
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
!n 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
- L Ii
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 II 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.
- 21
Texas Dept of Family
and Protective Services
Contractor Assurances
(with Certification)
Form 4733
September 2004
Failure to respond "yes" to all applicable assurances could result in no award or the nonrenewal of your
contract with the Department.
Contractor has no unresolved audit exception(s) with the Department. An unresolved ~Yes 0 No
audit exception IS an exception for which the Contractor has exhausted all administrative
and/or judicial remedies and refuses to comply with any resulting demand for payment.
L The amounts listed below are the only amounts that the Contractor owes to the
Department for audits or recoupment (If none, mark "yes" and indicate "0" or "none" in
the space below)
~Yes 0 No
'_. Contractor has not sold or transferred ownership of any Department payments due to
Contractor to any third party, which would result in such payments being made to the
third party
Drves 0 No
4 Contractor agrees to accept training, technical assistance and monitoring from the JSa'Yes 0 No
Department and/or its authorized representatives
5 Contractor certifies that the Contractor's staff or governing authority has not participated g-Yes 0 No
In the development of specific criteria for award/renewal of this contract, and will not
participate In the selection of applicants awarded contracts
6 Contractor has not retained or promised to retain an agent or utilized or promised to
utilize a consultant who has participated in the development of specific criteria for the
award/renewal of this contract, nor will participate in the selection of successful
applicants awarded this contract
D('Yes 0 No
Contractor agrees to provide the Department with information necessary to validate any JS}Yes 0 No
statements made in this contracting/renewal process if requested by the Department.
This may include, but is not limited to, allowing access for on-site observation, granting
permiSSion for the Department to verify information with third parties, allowing inspection
of Contractor records, and allowing inspection of plans for compliance
8 Contractor understands that failure to substantiate any statements made in the [SI?fes 0 No
contracting/renewal process, when substantiation is requested by the Department, could
cause the Contractor to fail to receive a contract or to fail to have its contract renewed.
9 Contractor agrees to comply with regulations, policies and procedures as specified by
the Department as they relate to particular programs or services under this contract.
~es D No
. () Contractor will submit any bills required on a calendar-month basis IDes 0 No
. 1 Contractor has written, or wil! have written by the effective date of this contract, or its [2kYes 0 No
renewal. Personnel Policies that comply with federal and state regulations and policies,
,2 Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- ~es 0 No
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 its amendments to each, and
all requirements imposed by the regulations issued pursuant to these acts, In addition,
the Contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative
Code. These provide in part that no persons in the United States shall, on the grounds
of race, color, national origin, sex, age, disability, political beliefs or religion be excluded
from partiCipation in, or denied, any aid, care, service or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination Contractor
further agrees to comply with Health and Safety Code Section 85.113 relating to
workplace and confidentiality guidelines regarding AIDS and HIV
7exas Dept of Family
and Protective Services
Contractor Assurances
(with Certification)
Form 4733
September 2004
13 Contractor uses generally accepted accounting procedures for fiscal management. l?SYes D No
4 Contractor certifies that the Contractor's organization has not had a contract terminated ~ Yes D No
or been denied the renewal of any contract for noncompliance with policies or
regulations of any state or federally funded program within the past 24 months.
"15 Contractor will make available, at reasonable times and for reasonable periods, client DKY es DNo
records. books and supporting documents pertaining to services provided for inspecting,
monitonng auditing, or evaluating by Department personnel or their representatives.
16 Contractor certifies that funds requested In this contracting/renewal process will not be C8:.Yes DNo
used to replace federal, state or local funding
..,-. Contractor will mamtain case records and statistical information as required by the 0'Yes DNo
Department
18 If Contractor plans to utilize a subcontractor, the written subcontract will comply with this @Yes DNo
contract and other relevant Department policies/procedures and will be approved by the
Department in accordance with the Department's subcontract approval procedures for
residential child care contracts.
19 Contractor has written. or will have written by the effective date of this contract/renewal, R1 Yes DNo
plans for the handling of client complaints and grievances
20 Contractor will establish a method to ensure confidentiality of records and other !)tYes DNo
information relating to clients according to applicable federal and state law, rules, and
regulations This provision does not limit the Department's right to access records under
this contract
21 Contractor will comply with all requests of the Department to meet federal regulations
and with al! terms of the contract
r2Kves D No
CERTIFICATION: I certify that the information reported in this contract/renewal is, to the best of my
knowledge, complete and accurate; that the named legal entity has authorized me, as its representative,
to submit this contract/renewal; and that the legal entity will comply with all terms of the contract/renewal,
including meeting all screening criteria. I have attached a Corporate Board of Directors Resolution, or
similar document authorizing me to enter into contracts on behalf of this legal entity.
o \ \G \ oiv
Date \
Amanda Stukenberg
Name of Authorized Representative (Printed!
Executive Director, Planned Parenthood of South 1
Title of Authorized Representative (Printed)
2
t. '.d'=> Dept Of af
'f'; Protective Se ,,,;e~
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion for Covered Contracts
Form 2046
May 2004
Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services
(DFPS) to determine whether each potential contractor has been debarred or suspended or proposed
for debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR S76.1 05(i) or
has accepted a voluntary exclusion. Each covered contractor must also make the same determination
for each of its covered subcontractors Contractors and subcontractors are both referred to as lower
tier participants in this Certification.
Instrw;;tions for Certification
By signing and submitting this proposal, the prospective lower tier participant is providing the
certifICation set out below:
The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
L The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances, whether the circumstances occur before the contract begins, during the term of the
contract, or during the term of an extension of the contract.
j The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meaning set out in the Definitions and Coverage sections of federal
rules implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations
4 The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction unless authOrized by the department or agency with which this transaction originated.
D. 0 you have~r do you anticipate having subcontractors under this proposed contract?
DYes r1f No
The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
6A partiCipant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9A, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it
knows that the certification is erroneous, A participant may decide the method and frequency by
which it determines the eligibility of its principals, Each participant may, but is not required to, check
the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
-",as Dept ot '8!;\;iy
Hie Protective Se"ices
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion for Covered Contracts
Form 2046
May 2004
? Nothing contained In the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings
8 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
Indicate in the appropriate box which statement applies:
rji/
The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
OR
Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant has attached an explanation to this certification.
Planned Parenthood of South Texas, 1m
Name of Potential Contractor
74-1460204
Vendor 10 No. or Social Securty No
DFPS Contract No. (if applicable)
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Signature of Authorized Representative
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Date
Amanda Stukenberg
Executive Director
Printed/Typed Name of AuthOrized Representative
Title
Texas Dept of FamilY
and Protective Service.,
Certification Regarding Federal Lobbying
(Certification for Contracts, Grants, Loans, and Cooperative Agreements)
Form 2047e
May 2004
PREAMBLE
Federal legislation , Section 319 of Public Law 101-121 generally prohibits entities from using federally appropriated funds
to lobby the executive or legislative branches of the federal government Section 319 specifically requires disclosure of
certain lobbying activities A federai government-wide rule, "New Restrictions on Lobbying," published in the Federal
Register February 26.1990 requires certification and disclosure in specific instances and defines terms:
Covered Awards and Subawards . Contracts, grants, and cooperative agreements over the $100,000 threshold need
1) certifications and (2) disclosures if required (See certification term number 2 concerning disclosure.)
Lobbying - To lobby means "to Influence or attempt to influence an officer or employee of any agency (federal), a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with
any at the following covered federal actions
. the awarding of any federal contract.
· the making of any federal grant.
. the makmg of any federal loan.
· the entering into of any cooperative agreement, and
· the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or
cooperative agreement."
Limited Use of Appropriated Funds Not Prohibited - The prohibition on using appropriated funds does not apply to
activities by one's own employees with respect to
· liaison activities with federal agencies and Congress not directly related to a covered federal action;
· providing any information specifically requested by a federal agency or Congress;
· discussion and/or demonstration of products or services if not related to a specific solicitation for a covered
action or
· professional and technical services in preparing, submitting or negotiating any bid, proposal or application for a
federal contract. grant loan or cooperative agreement or for meeting legal requirements conditional to receipt of
any federal contract, grant" loan or cooperative agreement. (The prohibition also does not apply to such
services provided by nonemployees for the same purposes.)
Professional and Technical Services - ProfeSSional and technical services shall be advice and analysis directly
applying any professional or technical expertise. Note that the professional and technical services exemption is
specifically limited to the merits of the matter
Other Allowable Activities. The prohibition on use of federally appropriated funds does not apply to influencing activities
not in connection with a specific covered federal action. These activities include those related to legislation and
regu!atinns for 8 program versus a soecific covered federal action
Funds Other Than Federal Appropriations. There is no federal restriction on the use of nonfederal funds to lobby the
federal government for contracts grants, and cooperative agreements.
ApplicabiUty of Other State and Federal Requirements. Neither the government-wide rule nor the law affect either (1)
the applicability of cost principles in OMB circulars A-8Y and A-122, or (2) riders to the Texas State Appropriations Acts
which disallow use of state funds for lobbying
TERMS OF CERTIFICATION
This certification applies only to the instant federal action for which the certification is being obtained and is a material
representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100.000 for each such failure
The undersigned certifies, to the best of his or her knowledge and belief, that:
No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer
or employee of Congress, cr an employee of a member of Congress in connection with the awarding of any
Texas Dept of Family
ana Protective Services
Certification Regarding Federal Lobbying
(Certification for Contracts, Grants, Loans, and Cooperative Agreements)
Form 2047e
May 2004
federal contract the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, 0' the extension. continuation, renewal, amendment, or modification of any federal
contract. grant, loan, or cooperative agreement.
L If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee
of Congress, or an employee of a member of Congress in connection with this federally funded contract,
subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. (If needed, contact your
Texas Department of Family and Protective Services procurement officer or contract manager to obtain a copy
of Standard Form-LLL
j The undersigned shall require that the language of this certification be included in the award documents for all
covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly.
Do you have or do you anticipate having covered subawards under this transaction?
o Yes X No
Planned Parenthood of South Texas, Inc
Name of Contractor/Potential Contractor
74-1460204
Vendor 10 No. or Social Security No.
DFPS Contract No.
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Signature- Authorized Representative::]--.>
} II/Ok-
Date
Amanda Stukenberg
Executive Director
Name of Authorized Representative
Title