HomeMy WebLinkAboutC2006-107 - 3/21/2006 - Approved
r" :--.l:~=- '..~ .
;on'" ,EEl K :::EE;'
;:-~'"
: 3?13a21 ~J2
'l~r, 1 "=, ;2005 211: 22P"1 P1
CONTRACT
(Cowr Sheet)
TITLE OF CON'TRACT:
C"...oNTRACT NO '
CorT'rT'lunity Youth Development
CYO 2006-3b
T"'l$ contraC1 (.Contr~) f, entlll'8d into by the City of C"..orpLJS CMsti ("City" Dr "Fisc.' Agent") ana
the 'ollowing named Subcontraetor:
,gm:
City of CoI'pU8 Cht'lItl
1='. O. lox 9217
Corpus Christi, iX 78469-9277
i.lephone: (361) e~
FA.X: (3f31) 82e-~
CoNed Per1lOtl: Reba QeoI'g6
aUBCON)'RACT06:
CorpyS Christi Teen Court
2310 GoIffh8r Rd
Corpus Chrisll, T)( 784 15
Tektphone: (3G"I) 061.6079
F~: (3&1)5e1~76
Conlact Per'$on: Or1ando Garcia
Subcontractor egrns to PRMd. lervlces In accordance wUtl the provisions (J( this Contract and under
the Community Youth DeYIIopment Program (.eyO") fur.ded by the Texas Oepanment of Family and
Protective Services rOFP'-). this Contract consists of the forrowl!'l{,j elfBchea docum.nts v.t1ich ara
il"lcorporeted herein by re(erenoe:
Coot..ct (Cover Sheet)
P.,-formance MuIufq (Attachment A-1)
Sta~nt ofWor1< (Attlenment A02)
8udget, AelmbuIHment Request Form & 8uagel Narrativ-.. (Attachments ~M. B.2, ~nd 8.3:
Stand.1'd Terma end Conditions (Attachment C)
Subc:tlrlnctor A..UlW'l(:lts ~ttl CertificatiOn (Attlilchr'1'1er.l 0)
Cer1fftcdon ~eoe~ Debarment (Attliohment E}
Certil<:atiQn R4PQa~ Federal Lobbying (Attaet\ment F)
S\,l bcontractor agl'H$ to abide by all terms and conditions specjfed herein, and ft certifies that the
Information provided to the atyll trU9 and correct jn all respecls 10 the be~t of its knowledge.
lnformatioo. and belief.
11'1. obligation. o,th. cny of carpu. Chrlltl under this; Contract area glCpreS$ly contingent upon ttle
.vell.bJIItI of funds for such purpo.. under the funding 50urcGS:
CONTRACT PERIOD: From: MItch 1, ZOOS
Through August 31, 2008
J;UNOINC OBUGA TION
Not to exceed $12,139.00 for FY 2000 for Contr'M;t PeriQd stated
.bovt.
Executed In trlp'~t8, ..ch ofwhleh reeognil.d .. In onglnll.
AlTES1'
/~Yg- ---
Armando CfowIp.
CIty Seorelary
C~ ~J.. 7"' CM,"
, L '--
-'~ --~---
a, 9 , Noe
Ci 'I MIlnIger
Lft9ai form .pproved
'.::> .. __~ 2000:
,", }
By I "-." ..,. ~.' ____ .
Name >1\ Mtom8Y
Title
~ .. .
Soocontrae
Cocpus r ti T .0 Court
)...-,
/
8~: .
NalYi$: v f[ M 'i'J (:U.-( '4
Title: f::'1{'c tvh!'(.J" "'- /Y).... ,\~., iQJ I
Dl!Jte:~"" /{ff (;;Li)r,;61....~w.!...AUIl'lUJ<IL&...
" ODUNC'L._ 3 j?:1l D ~
ftL
_.~
c;F:rRn~IV [/}r
;"
I). Curtis
2006-107 Assistao- CitY Attornev
03/21/06
'\12006-081
( {lrpu", (hristi 1 cell Court
Attachment A-1
CONTRACTED PERFORMANCE MEASURES
(Community Youth Development Program Contracts)
Performance measures typIcally mclude outputs and outcomes. Output measures
demonstrate performance in tenns ofthe quantity or volume of services provided, for
example. the number of chents served, number and types of services, etc. Outcome
measures demonstrate perfomlance in terms of the quality and impact of services and
whether or not they have met mtended goals/objectives. Outcomes relate to behavior,
skIlls, knowledge, attitudes, values. etc.
fhe City of Corpus Christi will contract with Service Providers to meet the following
performance measures begmning March 1.2006:
Output #1: Number of youth served
Indicator: Number of unduplicated registered youth served during the contract
period as reported through participation data entered into the Prevention and Early
InterventIOn Services database, which will be March 1,2006 through August 31,
2006 for the imtial contract period as established through this RFP. Unduplicated
mcans participants will be counted once only during the contract period to determine
t hi s output, regardless of the number of programs in which they participate or the
number of times they attend each program. A youth is counted the first time s/he
receives a service during the contract period. Any participant who was registered and
counted in previous years must be counted again when slbe receives her/his first
service during the new contract period.
Target: 30 Court and School Referrals and 20 n 784 15 volunteer residents
Vote: If adults will be served, a separate output measure will be included in the
contract for those participants.
Output #2: Timely submiSSIOn or Billings and Monthly Reports
Indicator: Percent of monthly blllings and reports submitted within 7 days after the
close of a month of service.
"l'arget: 90%
Output #3: Youth served under the age of 10 years.
Indicator: Percent of youth under the age of 10 years served does not exceed the
contracted percentage cap. This cap must be met each month by each individual
~ervice. If the cap is exceeded, those youth may be considered ineligible and costs
may be disallowec
farget: 30~/o
Output #4: Participants involved in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted
grades (4th 8th).
Target: 900/0
Output #5: Completed Asset Survey
Indicator: Percent of youth registered by a service provider that complete an initial
(pre) asset survey and a follow-up (post) asset survey. Only those youth who are
mitially registered by a provider will be included in the calculation for this output.
Youth served by a provider, but whom another provider initially registered for the
('YD program, will not be included in the calculation for this output.
Target: 50%
Output #6: Completed SatIsfaction Questions
Indicator: Percent of CYO youth that complete the five satisfaction questions at the
end ofthe follow-up (post) asset survey. Note that the follow-up survey, and not the
mitial asset survey, contains the satisfaction questions.
Target: 50%
Outcome #1: CYD youth have increased assets
Indicator: Average increase in the absolute number of assets for youth receiving
CYD services. Data collected from 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 begmnmg 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: Negotiated. During the contract period, collecting and reporting the data for
this outcome will be a reporting requirement. The data will be used to determine a
benchmark for the outcome.
Outcome #2: ('YD Participants Perceive Services as Effective
Indicator: Percent of youth that report CYD services had a positive impact. For
youth that participate in multiple services, one survey should be completed
corresponding to the first program service in which they participated.
Target: 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
henchmark for the outcome.
Outcome #3: Non -referred CYD youth
I ndicator: Percent of CYD youth report not referred to juvenile probation.
Target: 95%)
Note: Pelformance measures, indicators and targets are set at the discretion of
DFPS and may be changed at any time, but will not be changed without due notice to
Fiscal Agents.
Attachment A-2
STATEMENT OF WORK
Subcontractor
Corpus Christi Teen Court
Program Name:
Target 78415
L SER VICES TO BE PROVIDED
a) Program Description: Corpus Christi Teen Court (CCTC) is an alternative sentencing
program operated by teen volunteers. CCTC hears real class C misdemeanor cases referred
from the City of Corpus Christi Municipal Court, the Justice of the Peace Courts, and the
schools. The referrals that Teen Court works with are those youth who have not been
referred to juvenile probation. Teen Court is the first solution for youth to have their citation
dismissed. They have not been entered into the juvenile probation database and are not Child
In Need of Supef\l!sion (CINS). A JUry of peers listens to each case, interrogates the
defendant, and determines a constructive sentence, which must be completed to clear the
record and havIng the charges dismissed. A parent or guardian must attend the orientation
and tile court sesSIOns conducted b) teen volunteers. Sentences consist of community
seDIce. jury duty, essays about the offense and letters of apology. Completion of the program
results 111 the case being dismissed and no record for the child.
All 78415 partICIpants will receive mentoring by a special case mentor (78415 college
students) providing a positive role model, and strong guidance to build confidence, self-
esteem and positive attitudes. All 78415 referrals will participate in court related activities.
PanIcIpants learn \ aluable life skills while involved in court related activities. Activities
include but not limIted to: jury participation, public speaking, peer intervention, peer
interaction, lIstening to testimony, asking questions pertaining to the particular case, input of
ideas, cooperation and eventual deliberation of each individual case. Teen bailiffs keep order
in the court, escort defendants to and from jury rooms, and answer any questions from
vistlors and participants. Teen clerks learn the skllls and importance of record keeping and
are responsible for all court related documents.
BeSides learning aboUl the importance of responsibility and accountability for one's actions,
all participants receive valuable leadership skills by immersion into group deliberation,
public speaking. cooperation, critical thinking, decision making, problem solving,
communicating and reasoning. All participants receive training in courtroom procedure,
etiq uette, and behaviOl Just as importantly, Teen Court responds to young adults who view
the law as remote, Impersonal or punitive. Through this program, young adults discover that
the American legal system can work for them instead of against them. These lessons help
young adults to understand why their behavior is unacceptable resulting in a youth less likely
to repeat their offending behavIOr. Teen Court teaches the young adult the reason for laws
and the Importance of ~~ommunity values such as life, property. safety and security protected
by the legal system Considering the bigger picture, young people see not just the punitive
aspects of the law but also law's protective and positive elements. By providing youth with a
broad view of \vhy their community has laws, Teen Court seeks to mold young people into
productive, law-abiding citizens. These lessons are not taught in a vacuum, they are taught
uSlllg real people Illvolved m real cases in a real court setting. The result is a very powerful
program producing very successful outcomes. Many of our referrals decide to stay with the
program as a volunteer after completion of their sentence.
b) InclUSIve Dates for Service Provision: March I, 2006 - August 31, 2006
c) Goals of the PrograIl1iService (to include the impact on iuvenile crime): Outcome 1) 95% of
all 78415 referrals wi] I successfully complete the program within the allotted time period (90
days). Outcome 2) Recidivism rate of all 78415 referrals will be less than 1 %. Outcome 3)
All 78415 volunteers and referrals wi II learn the benefits of service to the community, being a
law-abiding citizen, and responsibility and accountability. Outcome 1 and 2 will be
measured by exact record keeping and tally of those completing the program or receiving a
subsequent citation wlthin the year-long period of the grant proposal. Outcome 3 will be
measured with a questionnaire instrument to determine the positive ideals and attributes
taught by the program
The purpose of the program is to support and enhance efforts to keep 78415 youth in school,
help them succeed in life, and to encourage parents and other family members to participate
in the program with the youth m a positive activity to reverse the cycle of abuse, neglect, and
a lack ofresponsibdity and accountability which often leads to juvenile crime. The service
that 78415 youth (referrals and volunteers) provide is absolutely critical to the operation and
success of Teen Court Teen Court provides a rare opportunity to make a difference in the
lives of young adults who may not ordinarily engage in service activities to benefit their
communities or themselves. Through meaningful service, the young person gains insight
about the value of community service, which is reinforced throughout their involvement in
the program. At thiS critical point in their social development, young people need, and are
looking for, a way to make theIr world a better place. Young adults want and need to
experience makmg a dIfference for others, and Corpus Christi Teen Court can provide this
expenence.
d) Days and Hours of provided services Five days a week (Mon.-Fri.) from 1:30 p.m. till 8:30
p.m These hours are generally after school and after work so to meet the needs of working
parents with children enrolled In school. All appointments are made at the convenience of
the clients and parents Most appointments and orientations are conducted after school, after
work. Anyone can contact Teen Court at anytime 24/7 through telephone and pager service.
Teen Court, a 501(c)(3) nonprofit organization, meets on Monday evenings at 5:30 p.m. at
the Nueces County Courthouse
e) Program location where the services will be provided: Corpus Christi Teen Court is located
in the 78415 community at 2310 Gollihar Rd. All scheduled meetings, appointments and
orientations are conducted at this site. All records and data are kept at this site. This is a safe
and secure locatIOn, well known, and not too far from most 78415 residents. Court sessions
are held at Nueces County Courthouse. 901 Leopard St. 78401. and a neighboring zip code
area next to the 78415 community. rhe courthouse provides a nearby courtroom necessary
for the implementation of our court hearings,
t) How services will be available to youth and/or families without transportation: Both sites are
accessible by the B bus, operated by RT A, the public bus transportation system.
g) "Safe passage" plan for youth and/or families without transportation: All referrals and their
parent or guardian must attend an orientation session located at the Nueces Co, Juvenile
Justice Center, 2310 Gollihar Rd. 78415. This is a safe and secure facility designated as a
drug-free, gun-free area under 24 hour security. All court sessions are held at Nueces County
Courthouse, 4th floor courtroom. All participants must pass a security checkpoint undergoing
a search and screening through a metal detector. In addition, a security guard and bailiffs are
present at all court sessions. Teen Court does not take field trips or transport participants at
any time. Community service sites are all bonded, insured, secured and have working
agreements with Teen Court to accept the youth for community service (provided they have
work for them at the time). Teen Court has working agreements with 29 nonprofit service
sites throughout the area.
h) Population to be served by the program: In fourteen years of service to the community,
statIstICS show that 35010 of our referrals are from the 78415 community. Teen Court will
emp loy (part -time) two college students that live in the 78415 community to mentor each
cas\..' that resides in the 78415 zip code. Each case will tagged to identify it as a 78415 case.
These cases will be closely monitored by the case mentors to ensure that the client receives
the attention and care to fully particlpate and complete the program. The two college
students have lived in the 78415 community all their lives and are well aware of the
characteristics and specific needs of the 78415 youth. Case mentors will screen and discuss
particular needs such as: teen pregnancy, gang activity, truancy-drop outs, drug use, tutoring,
unemployment, etc and referrals made to the proper organization for further counseling,
intervention and help.
i) Thenumber of youth and/or family members to be served: Approximately 30 court and
school referrals and 20 volunteers from the 78415 community for the contract period.
Total for Fiscal Year 2005-2006: Approximately 60 court and school referrals and 40
volunteers from the 78415 community. These are conservative estimates. Teen Court has
no control over the number of court referrals, but volunteers can be readily recruited from the
local Sdlools
An explanation of ho\\ CYD funds \vill be used to enhance existing services, if applicable:
CYD funds will enhance existing services by allowing Teen Court to focus on a specific
group of young adults that reside in the same area of the city. While still providing services
to the youth of all areas, we will be able to tailor our training and court sessions to the
partlcular needs of the youth of the 78415 area, specifically the concept of taking
accountability and responsibility for one's actions and how your behavior affects your family,
neighbors, and neighborhood. As stated above, 35% of the referrals are from the 78415
community This is a statistic based on 14 years ofreferrals and volunteers. CYD funds will
enhance the existing program bv having two case mentors from the 78415 community to
mentor the youth The two case mentors will be able to receive training during this funding
pen od
k) Descnption of how service programs will be culturally diverse: Our geographical location
means Teen Court serves an extremely diverse population. Our military bases, oil refineries
and wonderful climate bring people from all over the world to the Corpus Christi area. In the
past, some of our youth referrals and volunteers have been from India, China, Scotland,
Mexico, and other parts of the Globe. Teen Court participants statistically have an average
age of 16, come from the Corpus Chnsti area from a variety of socioeconomic levels and
ethnic backgrounds.
II Staffing plan, WIth personnel qualifications, iob descriptions, criminal check verification, and
training: A TT ACHMENTS OF JOB DESCRIPTIONS INCLUDED - Since inception,
Executive DIrector Orlando Garcia IS the only full-time staff employed by Corpus Christi
Teen Court. Mr. Garcia was trained by Ms. Natalie Rostein, founder of the Odessa Texas
Teen ('ourt, the first Teen Court in Texas and one of the oldest in the nation. Our program is
modeled after the Odessa youth court. Mr. Garcia's skills are in constant development by a
senes of training sessilms prOVided by the Texas Teen Court Association, the National Office
of J U\ enile Justice and Delinquency Prevention (OJJDP), and the National Youth Court
Trammg Center sponsored by the U S Justice Department. These organizations provide
valuable training materials and resources free of charge to all teen courts. Approximately
every three (~) months. the executIve director will facilitate a training workshop for the Teen
Court support staff (t\\ 0 part-time case mentors). They receive training and development of
the iatest skills IIlvohl/llg case management, mentoring, youth group Gury) management,
contlict resolutIOn. youth interaction, preparing youth for jury service, teaching responsibility
and accountability lor ,me's actions, engagement of youth in civic duties, case deliberation
and gmup cooperatIOn. restoratIve justice, confidentiality and privacy laws and policies,
consequences of la\v Violations. and ethical standards. The two case mentors also receive
trainmg to develop skills in dealing with the problems of truancy, teen pregnancy, assault,
harassment. theft. VIOlence, disorderly conduct. curfew violation and the consequences of
such actions. Staff de\ elopment is of the utmost importance to Teen Court. It is necessary to
keep pace with the latest movements, trends, philosophy and laws concerning all youth
courls. The mentors wIll attend two professional training seminars this year.
The l\\ 0 case mentors (Ire born, raised, educated, and continue to reside in the 78415
community Erica Cantu and Momca Garcia first became involved with Teen Court as
volunteers from Baker Middle School while in the seventh (7th) grade. They both served as
volunteers for SIX (6) Yl..'ars through High School. They are now both second (2nd) year
college students enrolled at Del Mar College under the counseling and guidance program
with the goal ofbecommg a teacher or counselor. These two bi-lingual case mentors, as
residents of the 78415 commumty, represent the desired positive example set by residents.
The: arc combining thc]r talents. energy, education, motivation and skills to provide for a
morc supportive and nurturing environment for all residents of the 78415 community. Their
lite-long residency in the 78415 community give them special insight and vision of the
needs. requirements and tendencies of the area. This is their tenth (lath) year with
Corpus ( 'hristi Teen Court.
II. CYD CLIENT REGISTRATION AND TRACKING SERVICES
a) A Consent Form must be explained to every individual participating in everyCYD Program.
This form authorizes participation in CYD Programs and allows the Fiscal Agent,
subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community
Youth Development Program to use the information provided by the participants for
evaluation purposes.
b) :\ RegistratiOn Form must be completed for every individual participating in any CYD
Program for each fiscal year. The Registration Forms must be submitted monthly to the
Fiscal Agent WIth the monthly billing.
c) A Monthly Panicipant Summary Sheet must be completed for every participant receiving
'iervices( s) on a monthly basis. The Monthly Participant Summary Sheet must be submitted
monthly to the Fiscal Agent 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.
lIJ. DOCUMENTATION OF SER VICES
Documentation of all services provided to each Community Youth Development participant must
be mamtained. All of the senices listed on a Monthly Participant Summary Sheet must be
documented,
lV, BILLING REQUIREMENTS
The Subcontractor will submit monthly billings specifying the costs incurred for each month of
serVIce to the City representative listed below:
Parks & Recreation Department
A TTN: CYD Project Coordinator
City of Corpus Christi
P O. Box 9277
Corpus Christi, Texas 78469-9277
The monthly billing wi II consist of the following documents:
a, Budget Information Summary and Reimbursement Request.
b. Copies of invoices and bills
c. Monthly Participant Summary Sheet.
d, Registration/Consent Form (to include accurate and complete information prior to submitting
to the Fiscal Agent)
e. Anv Change of Information to participants registration/consent fonn
Subcontractor will adhere t,) the following billing schedule:
,-- E~PEND;~URES THROUGH MONTHL Y BILLING DUE DATE
I March 1, 2006 April 7, 2006
_._.~."-
I April 30, 2006 May 7, 2006
-.,.. -- --..-
I
, May 3 I" 2006 June 7, 2006
i
I .. -----,-,..,-
I June 30, 2006 July 7,2006
--.,-.-....
I July 3 I, 2006 August 7, 2006
I
I --...-.......--..--..-.-
I August J I , 2006 September 7, 2006
-
V. EXPENDITURE SCHEDULE
Subcontractor agrees that if funds are not expended in accordance with Schedule A _
Suhcontractor Estimate of FY 2005-2006 Expenditures by June 30, 2006, Subcontractor will lose
any uncommitted funds in excess of$2,500, subject to reinstatement through the appeals process
set uut belo\\. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction
in Subcontractor's budget and gIve Subcontractor ten (10) business days to respond. If
Subcontractor does not respond within ten (10) business days, then the budget adjustment will be
made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced
budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that
excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time
and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the
final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds.
Any excess funds forfeIted by any Subcontractor will be used for other CYD programs.
Schedule A - Subcontractor Estimate of FY2006 Expenditures
~-'----"--'----r---"
Month Estimated Percent of Total
Expenditures Bud!!et
~..- -
March 2006 $2,023 16.67%
-- -
April 2006 $2,023 16.67%
-
May 2006 S2,023 16.67%
June 2006 $2,023 16.67%
JuIv 2006 $2,023 16.67%
~- ~. .,
August 2006 $2,023 16.65%
ATTACHMENT B-1
Corpus Christi Teen Court
Budget Information Forms
Contract Period: March 1, 2006 - August 31, 2006
Summary Budget
FY06
COST CATEGORY TOTAL
1 (A) Personnel - Salaries $9,963.00
(B) Personnel - Fringe Benefits 762.00
(C) Personnel - Travel 1,065.00
2 Materials and Supplies 349.00
3. Equipment 0.00
4 Other Costs 0.00
TOT AL BUDGET $12,139.00
Cash Match
$0.00
] n-kind l\latch
$0.00
ATTACHMENT B-1
Corpus Christi Teen Court
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(1a) Personnel- Salaries
FY06
f ,
,\ , B C D E F
PosItion or Title Number of A verage Full Percent of Number of Cost
Staff for Time Monthly Time on Months (BxCxDxE)
i Positic1J1 I Salary Budgeted Employed (Total)
i
Position
78415 Case Mentor ] 1.845.00 90% 6 9,963.00
E -
-
,
f..- ----,
j TOTAL SALARIES Total 9,963.00
\TTACHMENT B-1
Corpus Christi Teen Court
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(1b) Personnel- Fringe Benefits (Employer's Share)
FY06
Fringe Benefits Based
Fringe Benefits Based on (1a) Salaries Paid* on (la) Salaries Paid
78415 Case Mentor FICA (7.65%) $762.00
--
-
I _...._--.
------
-
TOTAL FRINGE BENEFITS $762.00
~TTACHMENT B-1
Corpus Christi Teen Court
Budget Information Forms
Contract Period: March 1,2006 - August 31, 2006
(1 c) Personnel- Travel
FY06
I Type of Expense (transportation~ 1 Purpose (Destination and
I Total
J food, lodging, mileage) . I
! Benefits to Proeram)
i
! Travel to and from court sessions.
Local mileage schools, and meetings. $600.00
Out of town travel: Austin Training
Mileage (.445/mile) 187.00
Lodwg ($85/night) '- -- 170.00
Per diem I $36/day) 108.00
-
.~-
.-.- .- I--
---
- 1---
TOTAL TRAVEL $1,065.00
-
ATTACHMENT B-1
Corpus Christi Teen Court
Budget Information Forms
Contract Period: March 1,2006 - August 31, 2006
(2) Materials and Supplies
FY06
i Description and Basis for Cost Total
IOffice supplies 349.00
I
!
i
!
I
I TOTAL CONSUMABLE SUPPLIES $349.00
ATTACHMENT B-1
Corpus Christi Teen Court
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
i 3) Rental, Lease, or Purchase of Equipment
FY06
Method Used
Description and Basis for Valuation (lease, rent, purchase, Total
I NONE etc.)
$0.00
i ~ _.._~
i --.
_. ._.-
TOTAL RENTAL, LEASE, OR PURCHASE $0.00
A TT ACHMENT B-1
Corpus Christi Teen Court
Budget Information Forms
Contract Period: March 1,2006 - August 31, 2006
(4) Other Costs
FY06
,---
Description and Basis for Cost Total
None $0.00
-.-,-.
TOTAL OTHER COSTS $0.00
Sl1 BCONTRt\CTO R:
CONTRACT PERIOD:
TITLE:
Corpus Christi Teen Court
3/1) 1/2006 to 8/3 I /2006
C1mmunily Youth Development Program
Request No.
Reporting Month
Attachment B-2
BVDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST
~IIlount
Budgeted
(1) YTO
Expended
(2) YTD
Invoiced
(1) - (2)
Amount
Requested*
*City Use
Only
Amnt. Paid
Personnel - Salanes
78415 Case Mentor 1
T()T.A.l
9,963.00
9,963.00
PersOlmel - Fringe
Case Mentor 2 ,FICA;
TOTAL
762.00
762.00
PersOlmel- Travel
Local mileage
Out of town travel:
Mileage
Lodging
Per diem
TOTA.L
600.0(:
187.0('
170.0(;
108.00
1,065.00
Materials and Supplies
Office supplies
TOTAL
349.00
349.00
Rental, Lease or Purchase
of Equipment
TOT -\L
0.00
0.00
Other Costs
TOTAL
0.00
000
TOTAL
12,139.00
* Amounts expended cannot exceed amount budgeted.
I certIfy that the expenditures shown ab(lve are tlUe and that sUPPOliing documentation
IS attached to substantiate them
Subcontractor's Authorized Signature
Date
Payment Authorization Signature
Date
Attachment B-3
Budaet Narrative
(la)Personne] -- Salaries
TOTAL
1 Full-time case mentor
40 hours a week @ $10.25 per hour'co $410 per week
$410 per week X 28 \\eeks =$11,480
$1 ] .480 X 90% of time on 784] 5 cases and volunteers
$10,332
(I b I Personnel -- Fringe Benefits ( employers share)
$10,332 X 7.6SC~o (FICA) =$790
$790
(1 C) Personnel . Travel
-IOU miles per month total travel to and from court sessions,
participating schools, and scheduled meetings.
100 miles per month X .45 cents per mile X 6 months = $270
Out of town travel: 1 Training session:
Mileage to Austin 420 miles X .45 cents = $189
Lodging: $85 a day X 2 nights = $170
Per Diem:$36 a day X 4 days .= $144 Total Travel $773
(2) Materials and Supplies:
BasIC consumable supplies such as: paper, pens, file folders,
markers, floppy disks, etc. Microsoft Office: client tracking,
database, contacts, notices, budget operations and monitoring: $244
(3) Equipment - None $0
(4) Other Costs Nom
~
TOTAL SIX MONTH BUDGET
$12,139
March I, 2006 thru Aug. 3]. 2006
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. Corpus Christi Teen
Court 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 92.0MB Circulars A-B?, A-122, A-11 0, and 40 T AC
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.
I. 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-87, 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 non expendable 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 Department/Fiscal Agent and the
Subcontractor. Contract Period means the beginning date through the ending
date specified in the original Contract; extensions are considered to be separate
Contract periods.
C. Subcontractor shall complete and submit all necessary data on participants
enrolled in its program and must do so according to instructions and definitions
prescribed by the Department and the Fiscal Agent.
D. Failure to submit required reports to the Fiscal Agent may result in withholding by
the Fiscal Agent of any payments otherwise due until such time as the
Subcontractor meets the delinquent obligations.
E. Subcontractor shall submit a self-evaluation report within 45 days following the end
of the Contract Period. The self-evaluation report should address the
accomplishments of the program/services, the effectiveness of the services
provided, and the attainment of output measures, evidence-based performance
measures and program goals listed in this Contract.
k
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
services as part of this Contract. Each Sub-subcontractor may be required to
submit ownership information and other information related to this Contract. The
Subcontractor must disclose to Fiscal Agent any and all information regarding the
Sub-subcontractors as it pertains to this Contract, during the Contract Period.
C. Subcontractor shall have protest procedures in place to handle and resolve
disputes relating to its procurement.
D. Any of the work or services specified in this Contract which shall be performed by
other than Subcontractor shall be evidenced by a written Contract specifying the
terms and conditions of such performance. Subcontractor shall maintain and
adhere to an appropriate system, consistent with Federal, State, and local law, for
the award and monitoring of Contracts which contain acceptable standards for
ensuring accountability.
E Subcontractor shall ensure that the performances rendered under all subcontracts
are rendered so as to comply with all the terms and provisions of this Contract as if
the performances rendered were rendered by Subcontractor.
SECTION 9. PUBLICITY
The Subcontractor agrees to place prominent notices acknowledging the funding it
receives from the Fiscal Agent and Department in all of its literature that describes
services covered by this Contract. This notice will also appear in the Subcontractor's
annual financial report if any is issued. Additionally, the Subcontractor agrees to the
following:
A. When issuing statements, press releases, requests for proposals, bid solicitations,
and other documents describing projects or programs funded in whole or in part
with CYD Program funds, Subcontractor shall state the percentage of the total
costs of the program or project which will be financed with those CYD Program
funds.
B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding
source in all oral representations, written documents, publicity and advertisements
regarding any CYD activities Wording shall be as follows: A Program Funded
through the City of Corpus Christi by the Texas Department of Family and
Protective Services.
C. Subcontractor shall not publish or cause to have published the results of its
function and participation in the program activity without prior review and approval
by the Fiscal Agent and Department.
SECTION 10. TECHNICAL ASSISTANCE
A. The Fiscal Agent will provide a central information system for complete information
on each participant and will maintain a central communication system for the
proper and timely disbursement of information and resource documents. The
Fiscal Agent will provide technical assistance found to be needed through
performance reviews or monitoring reports.
B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions
to assist in the administration of this Contract. Subcontractor shall ensure the
attendance of its director or other specified personnel at such meetings.
SECTION 11. MONITORING AND ASSESSMENT
A. The Subcontractor agrees to provide services in accordance with the provisions of
this Contract and to allow the Fiscal Agent and Department, and their
representatives, to monitor, audit, evaluate, and otherwise review the services
provided and related documentation.
B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and
programmatic monitoring, auditing, evaluating, or other reviews pertaining to
services rendered by the Subcontractor which may be conducted by the Fiscal
Agent, the Department or DHHS, or their authorized representatives; and to be
responsible for any audit exception or other payment irregularity regarding this
Contract or subcontracts, which may be found after review by the Fiscal Agent, the
Department or DHHS; and to be responsible for the timely and proper collection
and reimbursement to the Fiscal Agent and the Department of any amount paid in
excess of the proper billing amount.
C. Representatives of the Fiscal Agent and Department may periodically, without
advance notice, monitor Subcontractor for compliance, financial management and
performance of the terms and conditions of this Contract. The monitoring process
will include an analysis of program data provided by the Subcontractor to assess
the performance of this Contract and the quality of services. Monitoring shall
include review of results of criminal background checks and affidavits required
under this Contract of all Subcontractor employees or volunteers in direct client
contact.
D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will
present all findings and recommended corrective actions, if applicable, to
Subcontractor
E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal
Agent within thirty (30) calendar days after receipt of the monitoring report with all
corrective actions planned or taken and specific detailed procedures and actions
initiated to preclude any recurrence of the practices, discrepancies, and
irregularities identified in the monitoring report.
F. The Fiscal Agent or Department, as may be applicable, upon receipt of
Subcontractor's written response to the monitoring report, shall evaluate the
corrective action plan and determine whether the corrective action plan shall be
undertaken, whether an alternative plan is needed, or whether the goals or
standards need to be modified. Regardless of the course of action taken, the
Fiscal Agent shall ensure that positive actions, procedures, and practices are
initiated to preclude recurrence or non-compliance. Upon written request, the
Fiscal Agent shall provide technical assistance to Subcontractor in correcting the
deficiencies noted Fiscal Agent shall conduct follow-up visits to review pending
deficiencies and to assess the efforts made to correct them. If such deficiencies
persist, Fiscal Agent may withhold funds and move to terminate this Contract.
G All such corrective actions shall remain open pending completion and issuance of
a written statement of closure by the Fiscal Agent or Department, as applicable.
SECTION 12. PROPERTY
A The Subcontractor agrees to assume responsibility for the protection of all physical
property and equipment used at facilities being maintained to carry out this
- 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 shalr 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.
-7
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.
~ Ie
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
au d it.
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
- 11
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.
- u
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 origin, sex, age, physical/mental disability, drug or alcohol abuse or
alcoholism. political beliefs, or religion be excluded from participation in or
denied any aid, care, service or other benefits provided by Federal or State
funding or otherwise be subjected to discrimination;
2 Texas Health and Safety Code, Section 85.113, as amended, relating to
workplace and confidentiality guidelines regarding AIDS and HIV);
3 Immigration Reform and Control Act of 1986, as amended, regarding
employment verification and retention of verification forms for any individuals
who will perform any labor or services under this Contract;
4 Establish a method to ensure the confidentiality of records and other
information relating to clients according to applicable Federal and State laws,
- 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;
/ 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 use 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
- 1 cl
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. A.s 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-
r:
- ..l....---.J
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.
B. All coverage must be with insurance companies or carriers rated for financial
purposes "A" or better whose policies cover risks located in the State of Texas. All
bonds, policies, and coverage described above shall be maintained during the
entire term of Contract awarded. Lapse of any coverage or bond required herein
shall be considered breach of Contract and Contract awarded shall be immediately
cancelled
C. The Department may waive all or part of these insurance requirements at its
discretion
D. When Subcontractor is a governmental entity with taxing authority, Subcontractor
shall be required to provide only the workers' compensation insurance coverage,
as set out above, but shall also be subject to the indemnification provisions
1 ",
- t'
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
- 1'"
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
- 18
(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. ~:'
knowledge, and abilities necessary to perform the duties of the position. The
Fiscal Agent or Department reserves the right to review and approve all staff
qualifications and certifications.
B. Staffing personnel must be maintained at the level negotiated and contracted for
between the Subcontractor and the Fiscal Agent. Changes in staff positions or
reduction in hours shall be immediately reported to Fiscal Agent for review and
approval.
C. Subcontractor agrees and understands the performance of work proposed"
negotiated, and contracted for must be maintained at the level agreed upon at
initiation of this Contract. Any deviation from these requirements must be reported
to Fiscal Agent. Failure to maintain qualified personnel, the required level of
performance, approved curriculum, and other pertinent quality control standards
required by the Fiscal Agent and Department may constitute a breach of this
Contract, grounds for termination of this Contract by the Fiscal Agent or the
Department. and refund of amounts to Fiscal Agent or Department.
SECTION 33. TERMINATION
A. If the Subcontractor fails to provide services according to the provisions of this
Contract, the Fiscal Agent or Department may, upon written notice of default to the
Subcontractor, terminate all or any part of the Contract. Termination may be
exercised in addition to any other rights and remedies provided by law or under
this Contract.
B. The Fiscal Agent or the Department, based on information from monitoring or
other verifiable sources, may terminate this Contract for cause or take other
actions, including, but not limited to:
1 requiring the Subcontractor to take specific corrective actions in order to remain
In compliance with any contractual provision;
2 to recoup payments made to the Subcontractor or impose administrative error
sanctions based on audit findings of violations of Contract requirements; and,
3 to suspend, place into abeyance or remove any contractual rights to include,
but which are not limited to, withholding of payment, cessation of placement
and removal of all Contract rights.
C. If Federal or State laws or other requirements are amended or judicially interpreted
so that either party cannot reasonably fulfill this Contract, and if the parties cannot
agree to an amendment that would enable substantial continuation of the services,
the parties shall be discharged from any further obligations under this Contract.
D This Contract may be terminated at any time by mutual consent. In addition, either
- ~
party to this Contract may consider it to be canceled by giving 30 days advance
written notice to the other party. This Contract will be terminated at the end of the
30 day period. Nothing in this section shall be construed to prohibit immediate
termination of the Contract pursuant to the sections above. This Contract shall
otherwise terminate by the date specified in the Contract Cover Sheet.
E. At the end of the Contract term or other Contract termination or cancellation, the
Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent
and the Department, shall aid in the transition to any new arrangement or provider
of services, The respective accrued interests or obligations incurred to date of
termination must also be equitably settled
F. The Department shall suspend or revoke this Contract if the Subcontractor is
found liable for or has a contract, license, certificate or permit of any kind revoked
for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if
the Subcontractor's license, certificate or permit has been revoked by any agency
listed in Article 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.
. ,
L.~
Texas Dept of Family
and Drotective 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.
6 Contractor has not retained or promised to retain an agent or utilized or promised to C8J Yes 0 No
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
7 Contractor agrees to provide the Department with information necessary to validate any C8J 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 10 the C8J Yes 0 No
contracting/renewal process, when substantiation is requested by the Department, could
cause the Contractor to fall 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 ~ Yes 0 No
the Department as they relate to particular programs or services under this contract.
10 Contractor will submit any bills required on a calendar-month basis C8J Yes 0 No
11 Contractor has written, or will have written by the effective date of this contract, or its C8J Yes 0 No
renewal, Personnel Policies that comply with federal and state regulations and policies.
12, Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- C8J Yes 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
r exas Dept of Family
and Protective ServIces
Contractor Assurances
(with Certification)
Form 4733
September 2004
relating to workplace and confidentiality guidelines regarding AIDS and HIV.
13 Contractor uses generally accepted accounting procedures tor fiscal management. [;2JYes o No
14 Contractor certifies that the Contractors organization has not had a contract terminated IZ1 Yes DNo
or been demed 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 [8J Yes D No
records, books and supporting documents pertaining to services provided for
inspecting monitoring. auditing, or evaluating by Department personnel or their
representatives.
16 Contractor certifies that funds requested in this contracting/renewal process will not be IZ1 Yes DNo
used to replace federal. state or local funding
17 Contractor will maintalfl case ecords and statistical information as required by the IZ1 Yes DNo
Department
18 If Contractor plans fo utilize a subcontractor. the written subcontract will comply with [8J Yes DNo
this contract and other relevant Department policies/procedures and will be approved
by the Department m 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, [8J Yes DNo
plans for the handling of clienr complaints and grievances
20 Contractor will establish a method to ensure confidentiality of records and other IZ1 Yes 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 [8J Yes DNo
and with all terms of the contract
CERTIFICATION: I certify that the infonnation 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 tenns 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.
(~i --
signa~;;e ~~~orized Representative
/ (.
Date
i
I
~. It \ l
-.--.-..-
Name of Authorized Representative (Printed)
L v ( F
Title of Authorized Representative (Printed)
!\
'c,.as C)epl: 01 Fap111',
ap'1 Protective Servl( es
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 976.1 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
InstructiOns for Certification
By sigmng and submitting this proposal, the prospective lower tier participant is providing the
certification set out below'
1 The certification in this clause is a matenal 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
2 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
3 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.
Do you have or do you anticipate having subcontractors under this proposed contract?
Yes ~ No
5 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
Exdusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and In all solicitations for lower tier covered transactions.
6 A 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
9.4, 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.
f".as Dept of Faml!\
3"ej t)'olective ServICes
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion for Covered Contracts
Form 2046
May 2004
i 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 !s 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 94, suspended, debarred, ineligible, or
voluntanly 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.
~ 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.
f-
0(' \. ( i
Name tp:='ot~:nti;ic~ntractor
j-
"--"'--4-_"
fP '-I' )
Y:tl\J 7'1-;}S:- J J ~ /
r;~I[)-NOOrSocial-securitv No
DFPS Contract No. (if applicable)
~+.J-
/
(;
signat~re of'Awthorrzed"RepresentatTve
Date
,'\ .'
)r (
Ie
,.\" (l '-
------------------.--
Title
) C (~I ~ ectJ v
Printed/Tvped Name of Authorized Representative
Texas Depl of Famil)'
and Protective Services
Certification Regarding Federal Lobbying
(Certification for Contracts, Grants, Loans, and Cooperative Agreements)
Form 2047e
May 2004
PREAMBLE
Federallegistation Section 319 of Putllic 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 federal 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. .f required (See certification term number 2 concerning disclosure.)
Lobbying - To lObby means "to influeJlce or attempt to mfluence 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
:3ny of the following covered federal actions
.. the awardmg of any federal contract
.. the making of any federal grant
.. the making 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 witt; 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: Dr
.. profeSSIOnal and technical services in prepanng, submitting or negotiating any bid, proposal or application for a
federal contract, grant loan ,)r 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 protlibition 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
regulations for a program versus a specific covered federal action
Funds Other Than Federal Appropnations - There IS no federal restriction on the use of nonfederal funds to lobby the
federal government for contracts. grants, and cooperative agreements
Applicability of other State and Federal Requirements - Neither the government-wide rule nor the law affect either (1)
the applicablity of cost principles in OMS circulars A-87 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)f his or her knowledge and belief. that:
No federally appropriated funds have Deen 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
Jf employee of Congress or an employee of a member of Congress in connection with the awarding of any
'exas Dept of Family
and 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
~ooperatlve agreement, or the extension, continuation, renewal. amendment, or modification of any federal
;ontract gr ant, loan Of c:ooperative agreement
2 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
!=onn-LLL, 'Disclosure Form 10 Report Lobbying," in accordance with its Instructions, (If needed, contact your
Texas Department of i=arnily and Protective Services procurement officer or contract manager to obtain a copy
0f Standard Form-LLL,
3 The underSigned shall require that the language of this certification be included in the award documents for all
Govered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
::;ooperatlve agreements) and that all covered subrecipients shall certify and disclose accordingly,
Do you have or do you anticipate having covered subawards under this transaction?
D Yes ~ No
Corpus Christl Teen Court
Name of Contractor/Potential Contractor
EIN 74-2585121
Vendor 10 No or Social Security No.
DFPS Contract No,
I~
"'Sr~t~~rized Representative
3-01-2006
Date
Orlando Garcia
- --
Name of Authorized Representative
Executive Director
Title