HomeMy WebLinkAboutC2006-417 - 9/12/2006 - Approved
CONTRACT
(Cover Sheet)
TLE OF CONTRACT
':ONTRAC~ NO.
:ommunlty Youth Development
:VD 2007-
This contract ('Contract") IS entered Into by the City of Corpus Christi ("City" or "Fiscal Agent") and
the foltowing named Subcontractor
CITY:
City of Corpus Christl
P. C Box 9277
Corpus Christl, TX 78469-9271
Telephone (361) 826- 3466
FAX (361) 826-3864
Contact Person Reba George
SUBCONTRACTOR:
Boys & Girls Club of Corpus Christi
3902 Greenwood Dr.
Corpus Christi, TX 78416
Telephone: (361) 361-853-2505
FAX: (361) 361-853-1943
Contact Person: Anne Baker
Subcontractor agrees to provide servIces in accordance with the provisions of this Contract and under
the Community Youth Development Program ("CYD"\ funded by the Texas Department of Family and
Protective Services f"DFPS") This Contract consists of the following attached documents which are
ncorporated herem by refererce
Contract (Cover Sheet
Performance Measures (Attachment A-1)
Statement of Work (Attachment A-2)
Budget Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3)
Standard Terms and Conditions (Attachment C)
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
Subcontractor agrees to abide by all terms and condItions specified herein, and it certifies that the
information provided to the City is true and correct in all respects to the best of its knowledge,
Information and belief
The OI>>ligations of the City of Corpus Christi under this Contract are expressly contingent upon the
availllbility of funds for such purpose under the funding sources:
(::;ONTRACT PERIOD: From September 1 2006 Through.- August 31, 2007
FUNDING OBLIGATION:
Not to exceed $ 56,100.00 for FY 2007 for Contract Period
stated above
ExeCllted in triplicate, each of which recognized as an original.
;::dT~ ___
City Secretary
Legal form approved _.___ U_ 2006;
B - Approved .. to torm:
y -------- ..--.--.
Name1cay ~
Title: .. .
.. yIe. rtij
Senior Auiatant
Boy~ & Girls Club
Subcontractor:
Boys & GirlS Club of Corpus Christi
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78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM
Boys & Girls Club of Corpus Christi
TABLE OF CONTENTS
Contract Cover Sheet
Page No.
Table of Contents . . . . . . . . . . . . . . . .. . . .. . .. . .. . .. i
Contracted Performance Measures (Attachment A-I) ..................................... 1
Statement of Work (Attachment A-2) ... ................................... 4
Budget Information Forms (Attachment B-1) . .................................. 12
Reimbursement Request Form (Attachment B-2).. ..................................19
Budget Narrative (Attachment B-3) ...... .................................. 21
Standard Terms and Conditions (Attachment C). ................................. 23
Sections
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24.
~,---
Legal Authority
Independent Contractor
Financial Limitation
Liability for Payment
Changes and Amendments
Accounting Requirements
Record KeepinglReporting Requirements
Subcontracting
Publicity
Technical Assistance
Monitoring and Assessment
Property
Year 2000 Compliance
Taxes
Disputes
Independent Audit
Prevention of Conflicting Interests
Fraud and Abuse Prevention
Indemnification
Sectarian Involvement Prohibited
Political Activity/Lobbying
Non-Discrimination and Equal Opportunity
Health and Safety Standards
Insurance
......"..,.,-
2~ Debarment and Suspension
26 Notice and Assistance Regarding Patent and Copyright Infringement
27 Disclosure of Confidential Information
28 Communications
29 General Standards of Performance
30 Entire Agreement
31 Contingent on Funding
32 Trainer Qualifications
33 Termination
34 Force Majeure
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
11
Attachment A-1
Boys & Girls Club of Corpus Christi
CONTRACTED PERFORMANCE MEASURES
(Community Youth Development Program Contracts)
Performance measures typically include outputs and outcomes. Output measures
demonstrate performance in terms of the quantity or volume of services provided, for
example, the number of clients served, number and types of services, etc. Outcome
measures demonstrate performance in terms of the quality and impact of services and
whether or not they have met intended goals/objectives. Outcomes relate to behavior,
skills, knowledge, attitudes, values, etc.
The City of Corpus Christi will contract with Service Providers to meet the following
performance measures for contract period, September 1, 2006 thru August 31, 2007.
Output #1: Number of youth served
Indicator: Number of un duplicated registered youth served during the contract
period as reported through participation data entered into the Prevention and Early
Intervention Services database, which will be March 1, 2006 through August 31,
2006 for the initial contract period as established through this RFP. Unduplicated
means participants will be counted once only during the contract period to determine
this output, regardless of the number of programs in which they participate or the
number of times they attend each program. A youth is counted the first time slhe
receives a service during the contract period. Any participant who was registered and
counted in previous years must be counted again when s/he receives her/his first
service during the new contract period.
Target: 400
Output #2: Timely submission of Billings and Monthly Reports
Indicator: Percent of monthly billings and reports submitted within 7 days after the
close of a month of service
Target: 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
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service, If the cap is exceeded, those youth may be considered ineligible and costs
mav be disallowed
Target: 25%
Output #4: Participants involved in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted
grades (4th .~ 8th).
Target: 90%
Output #5: Completed Asset Survey
Indicator: Percent of youth registered by a service provider that complete an initial
(pre) asset survey!!Jl!!. a follow-up (post) asset survey. Only those youth who are
Initially registered by a provider will be included in the calculation for this output.
Youth served by a provider, but whom another provider initially registered for the
eYD program, will not be included in the calculation for this output.
Target: sm/o.
Output #6: Completed Satisfaction Questions
Indicator: Percent of CYD youth that complete the five satisfaction questions at the
end of the follow-up (post) asset survey. Note that the follow-up survey, and not the
Initial asset survey contains the satisfaction questions.
Target: 50%.
Outcome #1: CYD youth have increased assets
Indicator: Average increase in the absolute number of assets for youth receiving
CYD services. Data collected from Protective Factor Surveys (see Output #4) will be
used to calculate this outcome. The initial (pre) Protective Factor survey, to be
completed by youth at the beginning of the contract period or when services are
initiated, will be compared to the follow-up (post) Protective Factor survey. Follow-
up (post) Protective Factor surveys will be completed Follow-up (post) Protective
Factor surveys will be completed between 15 days prior to and 15 days after the four
"
month anniversary of the youth having completed the initial asset inventory or when
the youth leaves the program, whichever comes first.
Target: Minimum net 10% increase in youth protective factors.
Outcome #2: CYD Participants Perceive Services as Effective
Indicator: Percent of youth that report CYD services had a positive impact. For
youth that participate in multiple services, one survey should be completed
corresponding to the first program service in which they participated.
Target: 80%
Outcome #3: Non-referred CYD youth
Indicator: Percent of CYD youth report not referred to juvenile probation.
Target: 95%
Note: Performance measures, indicators and targets are set at the discretion of
DFPS and may be changed at any time, but will not be changed without due notice to
Fiscal Agents.
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Attachment A-2
STATEMENT OF WORK
S.bcontractor:
Boys & Girls Club
Program Name:
After-school & Summer Youth Program
I. SERVICES TO BE PROVIDED
1) Describe the service to be provided in detail:
Boys & Girls Club will focus on the nationally evaluated Boys & Girls Club program SMART
Moves and its component programs. SMAR T Moves is a nationally acclaimed comprehensive
prevention program that helps young people resist alcohol, tobacco and other drug use, as
well as premature sexual activity. SMART Moves is a recognized SAMHSA Effective
Program.
SMART MOVES is just one of a number of programs we offer our youth members that
combat juvenile delinquency. Our after-school program provides time for students to complete
homework assignments, participate in computer literacy activities, play in our game room, and
be active in our athletic programs
Athletic participation is especially high in our Spurs Drug-free Basketball, Girls Kickball, Flag
Football and Volleyball Leagues
The summer program mcludes many of the activities provided after school, except that it
operates from 8:00 a.m. until 5:00 p.m., and includes a hot lunch, daily snack, swimming and
outdoor programs as well as the usual learning center, game room and gymnasium activities.
Mentonng. Professional staff and A&M interns become the mentors of our youth. They
provide positive role models, a healthy influence and strong guidance to reduce the number of
at-risk students who drop out of school and become involved in gangs, crime, teenage
pregnancy and addictions.
Youth Leadership: The TORCH CLUB, a chartered, small-group leadership and service
"club" of children ages II 13, addresses the issues of youth leadership in our community.
As welL the KEYSONE CLUB, our most dynamic teen program, is a chartered small-group
leadership and service 'club" for youth ages 14 - 18 Also, our Youth of the Year program,
which we participate in annually, is a premier youth recognition program that promotes and
celebrates Club members' service to Club, community and family; academic performance;
spintual values, life goals and poise and public speaking ability
Activities: Boys & Girls Club excels in providing youth with wholesome, culturally relevant
and productive skills through our core programs. Our Club is the recreational and supportive
environment vehicle which addresses the community problems that lead to juvenile crime.
Through each structured program, from athletics to academics; from the game room to the
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learning center. our youth development activities serve to enhance the self-respect these youth
need to become productive citizens
Education The first thing the elementary students do when coming to the Club after school is
participate in our Power Hour Program, which works with the children to complete their
homework assignments. We also have a computer lab that offers many educational
opportunities to the students, including internet through DSL lines and incredible educational
software. We offer an educational program called Project Learn and we nurture the desire to
learn in all of our youth.
A partnership with A&M University Corpus Christi, has enabled a one-on-one educational
program, pairing University education majors with our children in the areas of reading and
math. This occurs annually, during each academic semester, including twice during the
summer OUf children have benefited tremendously from this partnership.
Employment Boys & Girls Club provides JOB READY classes to all interested teens each
spring, in preparation for helping them find summer employment. We hire many of these
teens for our summer program and we recognize the need to motivate our teens to become
prepared to earn a living after graduation from high school and/or college.
2) Location where services will be provided:
Greenwood Unit, 3902 Greenwood Drive, City Corpus Christi, Texas ZIP Code 78415
a) If more than one location is utilized, list other locations here: N/ A
3) Inclusive dates of Service:
From September 1, 2006 to August 31, 2007
4) Days and Hours of provided services
School days:
3:00 p.m - 8:00 p.m., Monday through Thursday
3:00 p.m. - 6:00 p.m., Friday
10:00 a.m. -- 3:00 p.m., Saturday, for fall athletic leagues
School holidays: 8:00 a.m. -- 5:00 pm.
Summer
8:00 a.m.- 5 :00 p.m. (Children ages 6 - ] 2)
3:00 p.m. - 8:00 p.m. (Teens ages 13 - 18), Monday thru Thursday
5) Number of un duplicated youth to be served/adults to be served (if applicable): 400 youth
6) Mentor to youth ratio. ] to ] 0
a) Number of contact hours per week/per month: School Days: 25 hrs/week; Summer: 45
hrs/week
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7) Describe the target population to be served:
The children served are primarily Hispanic (72.47%) and African American (14.08%) students
who have no other comprehensive youth program opportunities in which they can afford to
participate.
These children need structured opportunities to develop leadership skills, participate in team
sports, be with peers in our "Club" environment, learn from role models, and to know they are
safe when at the Club The characteristics and needs of these at-risk youth will best be met by
the Boys & Girls Club programs which are fine-tuned to address their need for structure and
enrichment, while being Hin the neighborhood."
Youth to be served are ages 6-1 7 years.
8) Describe how this service meets evidence-based requirements as defined in the CYD RFP-
Addendum. released 05/19/2006:
SMAR T Moves (Skills Mastery and Resistance Training) is a nationally acclaimed
comprehensive prevention program that uses small group activities to help young people resist
alcohoL tobacco and other drug use, as well as premature sexual activity. SMART Moves is
based on two rigorously tested curricula: Life Skills Training (Gilbert Botvin, Ph.D., Cornell
University) and Project SMART (William Hansen, Ph.D., University of Southern California).
SMART Moves recognizes that in addition to resistance training and the development of
social skills, self-esteem is a very important factor in regulating basic human drives and
attitudes.
When children are made to feel that they matter, that they have a unique contribution to make,
and when they are helped to understand their feelings, they are less likely to endanger their
own health or that of others by indulging in behaviors that put them at risk. This includes
being less likely to participate in juvenile delinquency behaviors.
The program consists of small group activities designed to increase participants' peer support,
enhance their life skills. build their resiliency and strengthen their leadership skills. This year-
round program encourages collaborations among Club staff, youth, parents and
representatives from other community organizations.
Key program components are
SMART Kids, for ages 6 - 9;
Start SMART, a resistance skills program for youth ages 9 to 12 that focuses on ways to
identify and resist peer, social and media pressures to use alcohol, tobacco, and other drugs or
become sexually involved. It includes age-appropriate discussions of puberty and friendships.
Stay SMART, a social skills program for adolescents ages 13 to 15 that teaches resistance
skills, stress reduction techniques, communication skills, assertiveness training and life
planning. It provides accurate information about alcohol use, tobacco use, other drug use and
ado I escent sexuality
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....... .-
SMART Leaders, a peer leader/booster program for older teens.
Additional components include.
SM AR T Girls, designed to meet the developmental needs of girls 8 - 12 and 13 - 17; and
Street SMART, designed to counteract the negative lures of gangs, violence and "street"
influences on young adolescents ages 11 -13
SMAR T Moves is
Recognized as one of 10 exemplary primary prevention programs by the U.S. Office of
Substance Abuse Prevention, the National Association of State Alcohol and Drug Abuse
Directors, and the National Prevention Network.
Lauded as a premier national prevention program by the White House Conference for a
Drug-Free America as well as the Children's Defense Fund.
Cited for its parent training component by the Office of the Inspector General of the U.S.
Department of Human Services Administration.
Noted for its effectiveness in a study conducted by the Center for Health Policy Research of
The Pennsylvania State University.
Singled out for praise in The Making of a Drug Free America: Programs That Work by
Mathea Falco (former Assistant U.S Secretary of State for Narcotics Affairs).
SMART Moves is unique among prevention programs in that:
SMART Moves is the sole national prevention program currently addressing the problems of
alcohol, tobacco, other drug use and teen pregnancy in one comprehensive curriculum.
SMAR T Moves employs a team consisting of staff, parents, community representatives and
older Club members to impart the knowledge and teach the skills needed by young people to
avoid alcohol, tobacco, other drugs and premature sexual involvement.
SMAR T Moves actively involves parents in the prevention effort.
SMAR T Moves is incorporated into all Club activities and programs.
SMAR T Moves uses teen leaders who act as role models to younger people.
9) Describe each goal of the service and/or program. including the impact on luvenile crime:
1) At least 250'~ of the youth who participate in SMART Moves will demonstrate increased
awareness of the effects of alcohol, drugs, and risky behavior as measured by the Level 2
SMAR T Evaluation (Mark, St Pierre, & Kaltreider, The Pennsylvania State University
( 1998 ))
2.) At least 25% of the youth who participate in SMART Moves will demonstrate an
increased ability to identify risk factors related to alcohol, drugs and risky behavior as
measured by the Level 2 SMART Evaluation (Mark, St. Pierre, & Kaltreider, The
Pennsylvania State University (1998))
Our most basic strategy for preventing juvenile crime is to offer youth a safe environment
during the after-school hours (and whenever school is not in session), and to encourage
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participation in programs that promote their own physical and emotional good health.
Our Spurs Drug-free Basketball League is a great example of this. Wejust completed the
boys' league, which had the following age-level teams:
Seven teams of 6 - 9 vear-olds
Eighteen teams of 10 18 year-oIds
The girls' league has
Six teams of 6- 9 year -olds
Twenty-nine teams of 10 - 18 year-olds
The emphasis of the 78415 steering committee, of serving youth 10 - 17 years of age, is
overwhelmingly met, in this example 180 boys and 290 girls, all positively engaged in a team
sport that keeps them actively engaged.
In the fall, just after school begins, our Girls Volleyball and Kickball leagues, as well as our
Boys Flag-football League, also draw many youth to participate in athletic activities that
encourage fitness and prevent delinquency. Keeping our youth occupied after-school, on
Saturdays, and during the summer months is one realistic way of preventing the impact of
juvenile crime
10) How will this service be available to families without transportation:
Please see response to question # 1 1
11) Describe the "safe passage" plan for youth/families without transportation:
For our After-school program, we use our Club van to pick up children; several walk to the
Club; and many are dropped offby care-givers who bring them from school to the Club.
During the summer, CCISD will bus children from six 78415 schools during the month of July
(Central Park, Fannin, HoustoR Kostoryz, Lexington and Travis).
Whenever transportation for larger groups is required, we will use buses provided by the
school district or the R T A. The safety of our youth before, during and after any activity will
be assured by adequate adult supervision.
12) Statling: Describe the staffing plan for FY07, including staff supervision and support and how
adequate staffing in the case of vacancies or extended absences will be ensured:
We advertise staff openings through our national organization, as well as through efforts on
the campuses of our local university We have several A&M professors who use us for
internships.
We do background checks on all employees. We also have a random drug-testing policy for
all full-time employees. It is standard procedure for any person (staff &/or volunteers) that
apply to work on the eYD Program, to complete (sign) a criminal background affidavit,
consent and have a criminal background check search conducted prior to any client contact
&/or personal client files and is renewed every two years.
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We make every effort to take advantage of all training opportunities offered through our
natlOnal and regional organizations In August of each year there is a Youth Development
Conference that offers training in all program areas. We send as many staff as we can to this
event which for three years included our own Lisa Saenz on its planning committee.
The athletic coordinators and social/recreation coordinators provide the youth with the
supervision and guidance needed to function in these two areas. They have been trained in
Basic Programming skills and often are recruited through school districts, Del Mar and our
local university
II. CYO CLIENT REGISTRATION AND TRACKING SERVICES
a) A Consent Form must be explained to every individual participating in every CYD Program.
[his form authorizes participation in CYD Programs and allows the Fiscal Agent,
subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community
Youth Development Program to use the information provided by the participants for
evaluation purposes.
b) A Registration Form must be completed for every individual participa~ing 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 Participant Summary Sheet must be completed for every participant receiving
services(s) on a monthly basis. The Monthly Participant Summary Sheet must be submitted
monthly to the Fiscal Agent with the monthly billing.
RtgistratioD forms and Monthly Participant Summary Sheets must be submitted for each
menth for which the subcontractor(s) request reimbursement for service/program costs.
III. DOCUMENTATION OF SERVICES
Documentation of all services provided to each Community Youth Development participant must
be maintained. All of the services listed on a Monthly Participant Summary Sheet must be
documented
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IV. BILLING REQUIREMENTS
The Subcontractor will submit monthly billings specifYing the costs incurred for each month of
ser.'ice 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 wl11 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. Any Change ofInformation to participants registration/consent form
Subcontractor will adhere to the following billing schedule:
EXPENDITURES THROUGH
MONTHLY BILLING DUE DATE
September 30, 2006
October 7, 2006
I
I October 3 1, 2006
------ ,..--..---,..---,
November 30,2006
November 7, 2006
December 7, 2006
December 3 1, 2006
January 7, 2007
February 7,2007
March 7, 2007
April 7, 2007
i
I
i January 3 1, 2007
I Februarv' 28, 2007
i . ---.
I March 3 I.. 2007
I ..-..---.--. ------..-
i April 30, 2007
I --------
I
! May 31, 2007
I June 30,2007 -- _____u
I July 31,2007 ---= --==~-
Augu~t 31, 2007 ___ _ ____
May 7, 2007
June 7, 2007
July 7, 2007
August 7, 2007
September 7, 2007
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v. EXPENDITURE SCHEDULE
Subcontractor agrees that if funds are not expended in accordance with Schedule A -
Suhcontractor Estimate of FY 2006-2007 Expenditures by June 30,2007, Subcontractor will lose
any uncommitted funds in excess of$2,500, subject to reinstatement through the appeals process
set out below Fiscal Agent will notify Subcontractor in writing ofthe 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 (] 0) 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.
Anv excess funds forfeited by any Subcontractor will be used for other CYD programs.
Sdledule A - Subcontractor Estimate of FY2007 Expenditures
Month Estimated Percent of Total
Exoenditures Bud2et
f......- . --..------.---
September 2006 3,200 6%
October 2006 3,800 7%
-- ^.---
November 2006 4,800 9%
f----
December 2006 5,200 9%
January 2007 5,500 10%
February 2007 4,500 8%
March 2007 5,200 9%
April 2007 5,800 10%
_.
May 2007 7,000 12%
---.-.-.---- --
June 2007 6,000 11%
July 2007 4,100 7%
.-
August 2007 1,000 2%
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A TT ACHMENT B-1
Boys & Girls Club of Corpus Christi
Budget Information Forms
Contract Period: Sept. 1, 2006 - Aug. 31, 2007
Summary Budget
FY07
COST CATEGORY TOTAL
1. (A) Personnel - Salaries $36,048.00
(B) Personnel- Fringe Benefits 2,759.00
(C) Personnel - Travel 0.00
2. Materials and Supplies 0.00
3. Equipment 0.00
4. Other Costs 17,293.00
TOTAL BUDGET $56,100.00
Cash Match
$0.00
In-kind Match
$0.00
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ATTACHMENT B-1
Boys & Girls Club of Corpus Christi
Budget Information Forms
Contract Period: Sept. 1,2006 - Aug. 31, 2007
(la) Personnel- Salaries
FY07
A B C D E F
Position or Title Number of Average Full Percent of Number of Cost
I Staff for Time Monthly Time on Months (BxCxDxE)
Position Salarv Budgeted Employed (Total)
i
I Position
Proaams 1 2,660.00 40% 12 12,768.00
LeaJiinj{, rrech Centers I 1,700.00 40% 12 8,160.00
Lea1ling. rrech Centers 1 500.00 40010 12 2,400.00
Tee.- ! I 500.00 40% 12 2,400.00
Soc. ~ 7",",^,reation i I 400.00 40% 12 1,920.00
Ath lUes I 650.00 40% 12 3,120.00
Ath lies I 500.00 40% 12 2,400.00
Front Desk I 600.00 40010 12 2 880.00
TOTilL SALARIES Total 36,048.00
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ATTACHMENT B-1
Boys & Girls Club of Corpus Christi
Budget Information Forms
Contract Period: Sept. 1,2006 - Aug. 31, 2007
(lb) Personnel - Fringe Benefits (Employer's Share)
FY07
Fringe Benefits Based
Fringe Benefits Based on (la) Salaries Paid" on (1a) Salaries Paid
Pro.lUamming 977.00
Teen Pro2fam Coordinator 184.00
SocialJRecreation 147.00
Athletic Staff 422.00
Learning Center Staff 808.00
Front Desk 221. 00
TOTAL FRINGE BENEFITS $2,759.00
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A TT ACHMENT B-1
Boys & Girls Club of Corpus Christi
Budget Information Forms
Contract Period: Sept. 1,2006 - Aug. 31, 2007
( 1 c) Personnel - Travel
FY07
Type of Expense (transportation, Purpose (Destination and Total
food, lodging, mile8le) Benefits to Program)
No. $0.00
TOTAL TRAVEL $0.00
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A TT ACHMENT B-1
Boys & Girls Club of Corpus Christi
Budget Information Forms
Contract Period: Sept. 1,2006 - Aug. 31, 2007
(2) Materials and Supplies
FY07
Description and Basis for Cost Total
No" $0.00
TOIALCONSU~LESUPPLmS $0.00
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ATTACHMENT B-1
Boys & Girls Club of Corpus Christi
Budget Information Forms
Contract Period: Sept. 1,2006 - Aug. 31, 2007
(3) Rental, Lease, or Purchase of Equipment
FY07
Method Used
Description and Basis for Valuation (lease, rent, purchase, Total
etc. )
Note $0.00
T(J'fAL RENTAL, LEASE, OR PURCHASE $0.00
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A TTACHMENT B-1
Boys & Girls Club of Corpus Christi
Budget Information Forms
Contract Period: Sept. 1,2006 - Aug. 31, 2007
(4) Other Costs
FY07
TOTAL OTHER COSTS
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Total
$9993.00
7 300.00
$17293.00
SUBCONTRACTOR:
CONTllACT PERIOD:
TITLE:
Boys & Girls Club of Corpus Christi
9/01/2006 to 8/3 112007
Community Youth Development Program
Request No.
Reporting Month
ATTACHMENT B-2
BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST
Amount (l)YTD
Budgeted Expended
Personnel- Salaries
PrograIIUlling 12,768.00
Teen PrOlTam Coordinator 2,400.00
SociallRecreation 1,920.00
Athletic-2 Staff 5,520.00
Learning Center-2 Staff 10,560.00
Front Desk 2,880.00
TOTAL 16,048.00
Personnel. - Fringe
Progranuling 977.00
Teen Propam Coordinator 184.00
SociallRecreatio n 147.00
Athletic Staff 422.00
Learning Center Staff 808.00
Front Desk 221.00
TOTAL 2,759.00
Personnel. - Travel 0.00
TOTAL 0.00
MaterialS.JUld Supplies
None 0.00
TOTAL 0.00
RentaL Lease or Purchase
of Equipttent 0.00
TOTAL noo
Other Cot:s
Utilities 9,993.00
Youth MtIlmber/Program fees 7,300.00
TOTAL 17,29300
TOTAL 56,100.00
(2) YTD
Invoiced
(1) - (2)
Amount
Requested *
*City Use
Only
Amnt. Paid
* Amounts expended cannot exceed amount budgeted
11)
I certifY that the expenditures shown above are true and that supporting documentation
is attached to substantiate them
Subcontractor's Authorized Signature
Date
Payment Authorization Signature
Date
20
~,..._"-
Attachment B-3
Boys & Girls Club of Corpus Christi
BUDGET NARRATIVE
1. (a) Personnel - Salaries
Salaries charged to this grant are based on current year's compensation.
The percentage is based on the portion of staffs time being charged to this grant.
Salary increases for 2006 were at 4%. A similar increase may be awarded for 2007.
As the number of children increase during the summer, so does the number of staff.
A B C 0 E F
Position or Title Number Average Percent of Number of Cost
of Staff Full-Time Time on Months (B'" C'" 0'" E)
for Monthly Budgeted Employed (Total)
Position Salary Position
Programming 1 2,660 40% 12 12,768
_.
Teen Program 1 500 40% 12 2,400
Social/Recreation 1 400 40% 12 1,920
I . . 1 650 40% 12 3,120
AthletiCS I
-. I
Athletics 1 I 500 40% 12 2,400
Learning Center 1 1 ,700 40% 12 8,160
Learning Center 1 ! 500 40% 12 2,400
f--~-~_._-~. -.- .
Front Desk Staff 1 600 40% 12 2,880
I Total Salaries 36,048
i
, ...._.H~____..___
(b) Personnel- Fringe Benerrts
The fringe benefits are being charged at the same percentage rate as an individual's
compensation is being charged to this grant. Benefits include FICA (7.25%) only. Salaries are
subject to change in 2007. A few extra dollars are included in the Budget summary to
accommodate increases.
Personnel FICA @
Cost 7.65% I
-.-.----- ._~-~-~_._._-
Programming 12,768 977
Teen Program 2,400 184
Social/Recreation 1,920 147
Athletics - 2 staff 5,520 422
- 21 -
'~""";'-'
Learning Center -2 Staff
F rant Desk Staff
Total Cost
10,560
2,880
808
221
2,759
2. Consumable Supplies Revised, will not charge supplies
Consumable supplies are limited to those of Office, Program and
Maintenance.
Office supplies are charged at 40%, and include the usual paper, file
folders, printer cartridges, and normal supplies used to provide the
necessary support for our programs.
Program supplies are charged at 40%, and include snacks for the
children as well as Learning Center, Game Room and Gym supplies to
facilitate programming; as well as the membership card materials
(laminating film and card stock).
Maintenance supplies are charged at 40%, and include restroom
supplies (Cintas), floor cleaning supplies (Gulf Coast Paper), trash bags
and cleaning supplies(usually Sam's Club), and Athletic Field
maintenance supplies
3. Equipment
We are not charging any equipment costing over $2,500 to this grant.
4. Other Costs
Utilities - $9,993.00, based on our 2006 budget, will include electricity and
City utilities. Each month's billing will be submitted at a 40% charge for
reimbursement through the CYD grant.
Youth Membership/Program fees, $7,300.00, charged at 100% for CYD
participants, will include:
" After-school program ($20.00 annual fee) for up to 150
CYD participants:
".. Spurs Drug-free Basketball League and other Athletic
Leagues ($10.00 to $30.00 fee) for up to 100 CYD
participants;
" Summer Program monthly fee ($50 per month) for up to
150 CYD participants.
These programs are fully described in the Program Narrative, under
Service/Program Description.
- 22 -
........., --."",,,
Attachment C
STANDARD TERMS AND CONDITIONS
(Community Youth Development Program Contracts)
Parties. For the purposes of this document, the Texas Department of Family and
Protective Services will hereinafter be referred to as the Department. The City of
Corpus Christi will hereinafter be referred to as the Fiscal Agent. Boys & Girls Club of
Corpus Christi will hereinafter be referred to as the Subcontractor. The Community
Youth Development Program will hereinafter be referred to as CYD Program.
SECTION 1. LEGAL AUTHORITY
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
(UCFR") Part 92, Office of Management and Budget ("0MB") Circulars A-87, A-122, A-
110, and 40 Texas Administrative Code (UTAC") 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, OMS Circulars A-8?, A-122, A-110, and 40 TAC
732.240-256
seCTION 2. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that the Fiscal Agent is contracting with
Swbcontractor as an independent contractor. No provision of this Contract or act of the
Filcal Agent in performance of this Contract shall be construed as making
S4IIbcontractor the agent, servant, or employee of the Fiscal Agent; employees of
SWbcontractor are not employees of the Fiscal Agent; and Subcontractor is solely
2
- -
responsible for employee payrolls and claims arising therefrom.
SECTION 3. FINANCIAL LIMIT A TIONS AND CONSIDERATIONS
A. This Contract is at all times contingent upon the availability and receipt of State or
Federal funds that has been allocated to the Fiscal Agent of this Contract and, if
funds for thiS Contract become unavailable during any budget period, this
Contract may be immediately terminated or reduced at the discretion of the Fiscal
Agent.
B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each
service rendered In accordance with the terms of this Contract upon receipt of a
proper and verified statement and after deducting any known previous
overpayment made by the Fiscal Agent If program income accrues, the
Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual
costs incurred for services rendered under this Contract. In no event shall
payments exceed the total budgeted amount as originally approved in this
Contract or as subsequently amended by both parties.
C. The basis for payment for services rendered under this Contract is indicated in the
service terms in the budget. The Subcontractor agrees to this basis for payment
and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent.
The Fiscal Agent IS not obligated to pay unauthorized costs or to pay more than
the Subcontractor's allowable and actually incurred costs consistent with Federal
and State regulations.
The method of payment is cost reimbursement. This means that costs should only
be billed after they have actually been Incurred and have been paid by the
Subcontractor. Costs should be billed to the month in which they were incurred,
either on the primary billing voucher for that month or on a supplemental billing, if
they are not paid in time to include them on the primary voucher. Costs should
not be billed to the Fiscal Agent if they have not yet been paid.
D. Payment for services rendered under this Contract will be made in accordance
with the documentation outlined in the Budget Information Summary and
Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment
shall be authorized only upon the submittal of an appropriate invoice and
supportIng documentation to the Fiscal Agent.
E. Invoices must be submitted at least once a month as set forth in the Payment
Schedule as per Attachment A-2 of this Contract. Failure to comply with this
requirement will result in a delay in payment and will be subject to the provisions
concerning changes and amendments In this Contract
F. Funds under this Contract cannot be earned prior to the first day nor after the last
~-_.-
day of the Contract Period
G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this
Contract which exceed the total funding amount specified.
H. All funds unearned or unexpended in the performance of this Contract shall be
retained by the Department
I The Subcontractor is responsible for submitting bills in an accurate and timely
manner by the 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
J. The Subcontractor understands and agrees that prior written approval must be
secured:
1 F or transfers between line items for any dollar amount. Lack of prior
approval In these instances will be grounds for nonpayment of the item or
items involved.
2. When transfers, regardless of the amount, would result in a significant
change in the character or scope of the programs. Lack of prior approval
in these instances will be grounds for recovery of unapproved payments
and termination of this Contract at the option of the Fiscal Agent; and
3. When needing to add a line item, cost, or expenditure to the budget.
Approval must be obtained in writing prior to incurring the expense/cost.
K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a
total bill each month in the format prescribed by the Fiscal Agent and shall accept
as payment in full the Contracted unit rate reduced by an amount equivalent to the
required percentage of certified local resources as applicable.
SIiCTION 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-a?, A-
122 A-110, 40 TAC 732.240-256, and any other applicable regulations.
C. The Fiscal Agent may give a notice of modification or directive to reduce the level
of funding under the Contract In the event of a reduction of funding to the Fiscal
Agent under any Federal, State or local program.
D. The Fiscal Agent may issue a policy directive that shall have the effect of
establishing, interpreting, clarifying or qualifying the terms of this Contract. Such
policy directives may not alter the terms of this Contract in order to relieve the
Fiscal Agent of any obligation to pay for performance rendered or costs incurred
by Subcontractor prior to the date of such directive.
E. The Fiscal Agent may give a notice of modification to increase the amount of
funds available under this Contract if such funds become available and it is in the
best interest of the Fiscal Agent to do so without the solicitation of additional
proposals
SECTION 6. ACCOUNTING REQUIREMENTS
The Subcontractor agrees to adhere to Generally Accepted Accounting Principles
promulgated by the American Institute of Certified Public Accountants and to follow
Fiscal Agent and Department fiscal management policies and procedures in submitting
timely billing and maintaining financial records required to be kept under this Contract.
seCTION 7. RECORD KEEPING/REPORTING REQUIREMENTS
A. The Subcontractor agrees to submit service delivery reports required by this
Contract, self-evaluations of performance, and other reports requested by the
Fiscal Agent or Department in appropriate format and on a timely basis; and make
available at reasonable times and for reasonable periods client records and other
programmatic or financial records, books, reports, and supporting documents for
reviewing and copying by the Fiscal Agent, the Department, the U.S. Department
of Health and Human Services ("DHHS"), or their authorized representatives.
B. The Subcontractor agrees to maintain financial, programmatic, and supporting
documents, statistical records, Inventories of nonexpendable property acquired,
and other records pertinent to claims submitted during the Contract Period for a
mtnlmum 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 DepartmenUFiscal 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.
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
SICTION 10. TECHNICAL ASSISTANCE
A. The Fiscal Agent will proVIde a centra/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.
SIeTION 11. MONITORING AND ASSESSMENT
A. The Subcontractor agrees to provide services in accordance with the provisions of
q
.-. '"
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.
.....,.e.'.....''>lI.~
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.
SICTION 12. PROPERTY
A. The Subcontractor agrees to assume responsibility for the protection of all
physical property and equipment used at facilities being maintained to carry out
this Contract and take appropriate measures to meet this obligation. All such
property will be adequately safeguarded against vandalism, loss, damage, or theft.
Subcontractor must acquire and maintain property insurance for any and all
equipment purchased with CYD Program funds. The Fiscal Agent, the
Department and the appropriate authorities shall be notified in writing in the case
of theft, or suspected theft, within twenty-four (24) hours of discovery. Any
missing, damaged. or destroyed property will be reported immediately in writing to
the Fiscal Agent and the Department and will include the circumstances
concerning the loss. An investigation shall be conducted by the Subcontractor to
determine the cause, and the results shall be reported in writing to Fiscal Agent
and the Department. Any property missing, damaged or destroyed shall be
replaced by the Subcontractor at Subcontractor's own expense. In addition, in
the event of any theft, vandalism, or other offense against the property or
equipment. the Subcontractor shall notify the appropriate local law enforcement
authorities
B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92
regarding the return to the Department of any equipment bought under this
Contract with funds allocated to the Fiscal Agent or the Subcontractor. The
Subcontractor agrees that It will not give any security interest, lien, or otherwise
encumber any item of equipment purchased with Contract funds. The
Subcontractor agrees to permanently identify all equipment with appropriate tags
or labels affixed to the equipment and to maintain a current inventory record of the
equipment which must be made available to the Fiscal Agent and the Department
upon request
C. The property shall be maintained in good condition at all times. Unless waived by
the Fiscal Agent and Department, all maintenance and repair costs associated
With any property shall be borne by the Subcontractor. All property must be
returned to original condition, except for normal wear and tear, prior to return of
the property to the Fiscal Agent
SICTION 13. YEAR 2000 COMPLIANCE
Subcontractor has full responsibility to anticipate and mitigate any four-digit-year
related events that could adversely affect the timely performance of this Contract
or the date-related operations of any goods, files, or services provided pursuant to
it Subcontractor warrants the fault free performance in the processing of date
.......
and date-related data by any product developed and delivered to Fiscal Agent
pursuant to this Contract Fault-free performance includes manipulation of data
with dates prior to, through, and beyond January 1, 2000, and during leap years.
Subcontractor agrees that all software developed and delivered pursuant to the
contractual requirements herein shall use four-digit-year elements. Subcontractor
further agrees that four-digit-year elements will be used in any electronic data
Interchange that may occur with the Fiscal Agent as a result of this Contract.
Subcontractor shall not be entitled to additional compensation or additional time to
perform these oblIgations
SECTION 14. TAXES
The Fiscal Agent and the Department will not be liable for Federal, State, or local
excise taxes incurred by or assessed against Subcontractor. The Subcontractor must
be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986,
Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the
issuance of Internal Revenue Service Form 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
wfthholdlng 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
SICTION 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
OM8 Circular A-133 (Audits of State, Local Government, and Non-Profit
Organizations)
A. Subcontractor understands and agrees that it shall be liable for all costs
- .~
-
associated with said audit.
B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for
any costs disallowed as a result of said audit in accordance with the "Liability for
Repayment" provisions of this Contract as set out in Section 4 of these Standard
Terms and Conditions
C. The Fiscal Agent and Department reserve the right to conduct an independent
audit of all funds received under this Contract. The audit may be performed by the
Fiscal Agent, a certified public accounting firm, or other auditors as designated by
the Fiscal Agent or the Department. Such audit will be conducted in accordance
with applicable professional standards and practices.
D. In the event a final audit has not been performed prior to termination of this
Contract, the Fiscal Agent shall retain the right to recover funds after fully
considering the recommendations on disallowed costs resulting from such final
audit
E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its
Sub-Subcontractors shall immediately report to the Fiscal Agent and the
Department any incidents of fraud, abuse, or other criminal activity in the relation
to the provisions of this Contract or applicable State Regulations.
s&CTION 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 persor
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
SICTION 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
SlCTtON 19. INDEMNIFICATION
7JJe Subcontractor shall indemnify and hold harmless the Fiscal Agent
a.d the Department, their officers, agents, representatives, and
eftIployees, from and against any and all claims or losses for physical
dlmage to property or injury to persons resulting from negligence,
nlsconduct, or any act or omission on the part of the Subcontractor,
I. officers, agents, employees, representatives, or Sub-
s,bcontractors. In the event of loss, damage, or destruction of any
property due to the negligence, misconduct, act or omission of the
Stlbcontractor, 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
tlf/lTitten notice from the Fiscal Agent or Department of the amount due.
The State of Texas, Department, and Fiscal Agent, and their respective
employees, officers, agents, and representatives can neither agree to
hold the Subcontractor harmless nor agree to indemnify the
SUbcontractor and any provisions to the contrary are void.
SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED
Subcontractor shall ensure that no funds under this Contract shall be used directly or
indirectly in the support of any religious or anti-religious activity, worship, or instruction.
SECTION 21. POLITICAL ACTIVITY/LOBBYING
The Subcontractor will not use any funding under this Contract to influence the
outcome of elections or the passage or defeat of any legislative measures.
Ntl 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:
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,
rules, and regulations. This provision does not limit the Fiscal Agenfs or the
Department's fight 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
appropnate Child Protective Services offices within the Department as
required by the Texas Family Code, Chapter 261, as amended. All reports
must be made within 24 hours of the discovery of abuse or neglect;
6 If specific qualifications are set forth in job descriptions required by the
Department, only personnel with the required qualifications will be assigned to
fill functions unless a written waiver is granted by the Department;
7 Verify and disclose, or cause its employees and volunteers to verify and
disclose criminal history and any current criminal indictment involving an
offense against the person, an offense against the family, or an offense
Involving public indecency under the Texas Penal Code as amended, or an
offense under Chapter 481 of the Texas Health and Safety Code. This
verification and disclosure will be required of all who have direct contact with
clients or who have access to personal client information prior to such contact
or access, and shall be accomplished through use of (a) a criminal history
background check and (b) a signed declaration by each employee or
volunteer testifying to this information, both of which shall be maintained by
the Subcontractor available for review by the Fiscal Agent or the Department
and renewed every two years
8 Comply with Federal ,State and local licensing and certification requirements,
health and safety standards, and regulations prescribed by the DHHS and
TOPRS'
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
reassignment upon the request of the Fiscal Agent or the Department. If the
employee or volunteer is found to have committed any of the offenses listed in
this paragraph the employee or volunteer shall not be reassigned to duties
Involving any direct contact with clients. Subcontractor may request that the
Fiscal Agent and Department waive this Contract provision with respect to a
specifiC employee or volunteer and specific misdemeanor charges;
11 Federal Financial Participation (FFP) requirements in accordance with Titles
45 and 48 of the Code of Federal Regulations and Federal circulars, as
amended.
12 Allow any of Subcontractor's employees to testify in judicial proceedings and
administrative hearings, at the request of the Department or Fiscal Agent; and,
13 Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163), as amended.
B. The Subcontractor shall have written participant and employee grievance
procedures consIstent with applicable Federal and State requirements. The
Subcontractor shall establish and maintain complaint procedures to resolve all
complaints arising directly or indirectly out of this Contract.
C. As subcontracts and supplier contracts become necessary to carry out the
requirements of this Contract, Subcontractor covenants to make a good faith effort
to contract with historically underutilized or disadvantaged businesses certified as
such by the State of Texas. Subcontractor shall make a good faith effort to
contract at least thirty (30) percent of the total value of all subcontracts and
supplier contracts for the performance of the activities required by this Contract to
historically underutilized or disadvantaged businesses.
SIeTION 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
r~ect 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 prescnbe such standards as may be necessary to protect the health
and safety of such participants
SIeTION 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-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 $10,00000 minimum or up to the Contract amount, whichever is
greater:
2 CommercIal General Liability Coverage at a five hundred thousand dollar
($500.000) minimum for each occurrence limit and one million dollars
($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall
be provided With at least 30 days notice of policy or bond cancellation, intent to
not renew, or material change in the policy or bond;
3 Automobile liability insurance in the broad form, applicable if Subcontractor
uses an automobile, whether owned, leased, or non-owned in conducting its
performance under this Contract, is required which shall have a minimum
required coverage of $500,000 combined single limit. In the event
Subcontractor requires its employees, trainees, volunteers, or other agents to
utilize their own automobiles in the performance of this Contract, Subcontractor
shall secure and maintain on file from all such persons a self-certification of
such coverage and
4 Workers compensation and adequate on-site medical and accident insurance
shall be required for all of Subcontractor's employees and enrolled
partiCIpants, respectively, appropriate to participant activity. Workers'
compensation coverage shall be required of all organizations serving as
employers of record for any participant, whether that organization is the
Subcontractor or a third party; on-site medical and accident insurance shall be
required for all non-work setting and classroom training activities for
-
participants not qualifYing as employees under the workers' compensation
laws Participants who are employees must be given comparable benefits
afforded by the employer to other employees of similar standing in the
employer's workforce.
B. All coverage must be with insurance companies or carriers rated for financial
purposes "A" or better whose policies cover risks located in the State of Texas.
All bonds, policies and coverage described above shall be maintained during the
entire term of Contract awarded. Lapse of any coverage or bond required herein
shall be considered breach of Contract and Contract awarded shall be
immediately cancelled
C. The Department may waive all or part of these insurance requirements at its
discretion
D. When Subcontractor is a governmental entity with taxing authority, Subcontractor
shall be required to provide only the workers' compensation insurance coverage,
as set out above, but shall also be subject to the indemnification provisions
contained in Section 19 (Indemnification) 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.
SICTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
~RfNGEMENT
A. In developing, copying, and disseminating reports or other information under this
Contract, the Subcontractor agrees to the following:
1 Grant to the Department the right to copyright, use, reproduce, and distribute any
material written or produced by the Subcontractor that is the subject of this
Contract and
2 Defend any claims, suits, or proceedings brought against the State of Texas,
the Department or the Fiscal Agent on the issue of infringement of any
copyright by any product, or any product part, supplied by the Subcontractor
to the Fiscal Agent or Department under this Contract. The Subcontractor will
pay, subject to limitations specified in this section, any final judgment entered
against the State of Texas, the Department, or the Fiscal Agent on this issue
in any suit or proceeding defended by the Subcontractor. The Subcontractor
will be relieved of this obligation if, within 30 days after the Fiscal Agent and
Department receive notice. the Fiscal Agent or Department fails to notify the
Subcontractor in writing of any claim, suit, or proceeding and, at the
Subcontractor's expense, give the Subcontractor all information needed to
defend any claim, suit. or proceeding subject to the jurisdiction of the Attorney
General of Texas
B. With respect to any invention resulting from this Contract, the Fiscal Agent and
the Department have a nonexclusive, non-transferable, irrevocable, paid-up
license to practice or have practiced the subject invention throughout the world.
C. The Subcontractor shall report to the Fiscal Agent and the Department within 30
days and in reasonable written detail each notice or claim of patent or copyright
infnngement 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 copynght 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.
SICTION 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
p.-formance or evaluation of this Contract and to persons having responsibilities under
this Contract However. Subcontractor's information may be subiect to required public
d-.closure under the Texas Public Information Act. Chapter 552 of the Texas
Gevernment Code.
SICTION 28. COMMUNICATIONS
AI. notices and requests given to or made to the parties must, except as otherwise
specified, be in writing and delivered or mailed at the notice addresses specified on the
Cover Sheet of this Contract. The parties may change their notice addresses upon five
(5) written days notice to the other party. Any notices or requests are deemed given
upon actual delivery or depositing the same with the U.S. Postal Service, properly
addressed, postage prepaid, certified mail, return receipt requested.
SlCTION 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 penod as specified under this Contract, this Contract is
subject to obligation or termination in accordance with this Contract.
SlCTION 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.
SlCTION 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
fUAds 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
P8Yment 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
Ftlcal Agent
SIeTION 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,
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.
SlCTION 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 Subcontractors 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
shell 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
-'""
78415 CYD, RFP 2007. Page 16
Attachment D
SUBCONTRACTOR ASSURANCES
If awalded funds through the Community Youth Development (CYD) program, the proposer will be required to
certify the following to be true:
H.legal authority to operate under state and federal financial assistance, including the managerial and
fi.ncial capacity to ensure proper administration, planning, and completion of service provisions.
2 Htve no unresolved audit exceptions with the Texas Department of Family and Protective Services (OFPS), the
United States Department of Health and Human Services (DHHS), or other legal governing agency concerned.
An unresolved audit exception is an exception for which all administrative or judicial remedies have been
e_austed and resulting demand for payment has not been met. List any unresolved audit exceptions on a
separate sheet if applicable
3 Hts no outstanding debts that could result in lien(s) or levy(s} placed on payments made by DFPS or the City
under the proposed contract.
4. The Subcontractor staff or governing authorities have not participated in the development of specific criteria for
aerd of contract and will not participate in the selection process for award of contract.
S H. not retained, or promised to retain, an agent, utilized, or promised to utilize, an agent to provide an interest
to any person or entity participating in the development of specific criteria for award of contract or selection of
anr successful offer.
6 V\tI give the City, DFPS, DHHS, the State of Texas or Federal Comptroller, or other legal governing agency
concerned through any authorized representative access to and the right to examine all records, books, papers,
or documents related to application and award; this may include, but is not limited to, verifying information with
third parties.
Understands that a failure to substantiate any statements made in the application when the City or DFPS
requests substantiation may disqualify proposal to provide services, which could cause failure to receive award
or lesser amount of award.
8 Agrees to comply with regulations, policies, and procedures specified by the City, DFPS, DHHS, and other
governing agency concerned regarding particular programs or services for contract award; including refraining
tram any conflicts of interests or improper uses of funds awarded.
9. H. sufficient resources available to operate for at least two (2) months while waiting for initial reimbursement
from Fiscal Agent for operating expenses covered by this proposed contract, and sufficient cash reserves will
be maintained to provide two (2) months of service during the entire term of any contract resulting from this
RFP
10. WI submit reimbursement requests and program reports on a monthly basis using approved documentation,
and otherwise adhere to State of Texas, DFPS, and City fiscal policies and procedures; and will promptly
reimburse the City or DFPS for any losses suffered for undue delay in performance, misconduct or negligence,
or overpayment.
11. WI submit a Self Evaluation Report within 45 days following the end of the contract period.
12. 'NIl cooperate fully with the City, DFPS, DHHS, or other governing agency concerned in any reporting,
monitoring, auditing, training and technical assistance, researching, evaluating, or other analyzing of
intonnation or data related to the contract under award.
13. 'NIl have written personnel policies by the effective date of contract that comply with federal and state
r.'ations and policies and that will successfully initiate and complete the work for the contract within
applicable periods of time.
14. 'NIt verify and disclose, or cause its employees, subcontractors, and volunteers who have any direct contact
will CYD clients to verify and disclose, criminal history and any current criminal indictment involving an offense
a~inst 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 Substance Act, Chapter 481, Texas Health
and Safety Code. These policies will include a process for obtaining criminal background checks for employees
aACt/or volunteers who have direct contact with CYD participants.
15. V\tI have written plans for the handling of client complaints and grievances by the effective date of the contract.
16. WI obtain and furnish proof of bonding and insurance coverage within forty-eight (48) hours of the award of the
~tract or at such other time as may be specified by the City or DFPS.
17. WI comply with applicable federal and state laws, executive orders, regulations, and policies governing this
CORtract; including complying with federal statutes providing in part that no persons in the United States shall,
on the grounds of race, color, national origin, sex, disability, age, drug or alcohol abuse or alcoholism, political
belefs 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; and further agrees to comply with Health
and Safety Code Section 85 113 relating to work place and confidentiality guidelines regarding AIDS and HIV
78415 CYD, RFP 2007. Page 17
a~ the Public Health Act of 1912 as amended regarding confidentiality of alcohol and drug abuse patient
records; and to comply with Title 40, Chapter 73. of the Texas Administrative Code, pertaining to social
stHVices and assistance. *
18 WI adhere to generally accepted accounting standards and DFPS and DHHS directives for fiscal management
of federal and state financial assistance; will comply with Office of Management and Budget circulars; will not
sUfl)plant local funds with federal funds or apply funds awarded for the contract to other federally or state funded
programs
19 Certifies that no federal or state financial assistance or contract award or renewal of contract award has been
terminated or denied for noncompliance with policies or regulations of any state or federally funded program
wiI1in the past five years; nor is the offeror currently prohibited from contracting with a government agency.
20 Cwtifies that no funding under this subcontract will be used to influence the outcome of elections or the
patSage or defeat of any legislative measures.
21 VVI maintain records and information as required by DFPS under contract terms for a minimum of five (5) years
or until resolution of any audit exception, litigation, or outstanding issues; and will make available at reasonable
times, places, and for reasonable periods, records, books, and supporting documents pertaining to services
provided for inspecting, monitoring, auditing, or evaluating by the City, DFPS or DHHS personnel or their
representatives
22 WI seek advance approval from the City or DFPS for any subcontract awards and will have written
requirements with the Subcontractor to comply with the same terms as the City of Corpus Christi (City) in
a<*ering to generally accepted accounting standards, state and federal laws and regulations. and DFPS,
DHHS, or other concerned govemment agency directives.
23 VVI hold the City and DFPS harmless from negligence, misconduct, or other improper actions of offeror's
a.ts. representatives, employees, or subcontractors.
24. VVI establish a method to ensure confidentiality of records or other information relating to clients according to
applicable federal and state laws and regulations and City, DFPS, DHHS, or other concerned agency
directives. This provision does not limit the right of the City and DFPS to have access to any records for
COfttract services. The City and DFPS shall have access to such documents upon request.
25 WI fully comply with all the terms of the contract award.
I indi"'ually, or as an authorized representative of the organization submitting this proposal, do hereby
certiflt warrant, and assure that I have read all assurances and do hereby bind myself and my organization
to ablle by them.
Anne aker
Print . Name of Authorized Representative
March 6. 2006
::0 " (}JJ
Signature of Authorized Representative
Chief'rofessionalOfficer
Title
Boys & Girls Club of Corpus Christi. Inc.
Full Legal Name of Organization or Agency
"The fOllowing federal laws are applicable but not an exclusive listing: Title VI Civil Rights Act of 1964 (Pl88-352),
Title I" Education Amendments 01"1972 as amended (20 USC, Subsection 1681, et seq.), Section 504 of the
Reha"itation Act of 1973 as amended (29 USC, Section 794), Age Discrimination Act of 1975 as amended (42
use, tubsection 6101-6107), and the Drug Abuse and Treatment Act of 1972 as amended (PL 92-255), the
Com~hensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 as amended
(Pl91-616), Public Health Service Act of 1912 as amended (42 USC, 290 dd-3 and 290 ee-3); Office of
Manatement and Budget Circulars A-37, A-122; Code of Federal Regulations Title 45.
~
78415 CYD, RFP 2007. Page 18
Attachment E
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion For Covered Contracts
Federal Executive Order 12549 requires the Texas Department of Family and Protective Services (DFPS) to screen each covered potential
contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension,
meligibilly, and voluntary exclusion. Each covered contractor must also screen each of its covered subcontractors.
In this cel'tiflC8tion ..contractor" refers to both contractor and subcontractor; "contract" refers to both contract and subcontract.
By signiRO and submitting thIS certification the potential contractor accepts the following terms
The~rtiflC8tion herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it
is .r determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the
fedltal government, the Department of Health and Human Services, United States Department of Agriculture or other federal department
or ...ncy or the Texas Department of Family and Protective Services, may pursue available remedies, including suspension and/or
debetment
;'
The potential contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the
po_ial contractor leams that the certifICation was erroneous when submitted or has become erroneous by reason of changed
ciralmstances
The words .covered contract," "debarred: "suspended," "ineligible," "participant: "person," "principal: "proposal: and "voluntarily
exc::fll!ded: as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules
imptiltmenting Executive Order 12549. Usage is as defined in the attachment
4
The potential contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not
knOlltngIy enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
paJ"lt:ipation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of
AgrilWlture or other federal department or agency. and/or the Texas Department of Family and Protective Services, as applicable.
Do you have or do you anticipate having subcontractors under this proposed contract?
Yes_
No
x
5 The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding
Deblrment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts; and
in salicitations for all covered subcontracts
6 A CClIrtractor may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered contract, unless it knows that the certiftcation Is erroneous. A contractor must, at a minimum, obtain certifications from its
coVlled subcontractors upon each subcontract's initiation and upon each renewal
7 NO.9 contained in all the foregoing shall be construed to require establishment of a system of records In order to render in good faith the
cer1lcation required by this certification document. The knowledge and information of a contractor is not required to exceed that which is
nOrJl!llll1y possessed by a prudent person in the ordinary course of business dealings.
8 EXOIIPt for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered
subcPltract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
oth. remedies available to the federal govemment, Department of Health and Human Services, United States Department of Agriculture,
or oIher federal department or agency, as applicable. and/or the Texas Department of Family and Protective Services may pursue available
remldies, including suspension and/or debarment
CERTlFlctTION REGARDING DEBARMENT. SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS.
Indicate in the appropriate box which statement applies to the covered potential contractor:
r2J The potential contractor certifies, by submission of this certification, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by
the State of Texas.
o The IDtential contractor is unable to certify to one or more of the terms in this certifICation In this instance, the potential contractor must
attach an explanation for each of the above terms to which sthe is unable to make certifICation. Attach the explanation(s) to this certification.
Name oflllllMenelel Contractor
Boys & Girls Club of Corpus Christi, Inc.
Vendor 10 No. Or Socia' Security No. OFPS Contract No. (If applicable)
74-1294586
Name of Mdhorized Repruentatlve
Title
Anne Baker
CPO
..,.....
78415CYD, RFP2oo7-Page 19
Attachment F
Certification Regarding Federal Lobbying
(Certification for Contracts, Grants, loans, and Cooperative Agreements)
PREAMBLE
Federal ~n, Section 319 of Public Law 101-121 generally prohibits entities from using federally appropriated funcls to lobby the executive or
legiSlaIIe branches of the federal government. Section 319 specifically requires disclosure of certain lobbying activities. A federal government-
wide ,., .New Restrictions on Lobbying: published in the Federal Register, February 26, 1990, requires certification and disclosure in specifIC
instanOlll and defines terms
Covered .... and Subawards - Contracts, grants, and cooperative agreements over the $100,000 threshold need (1) certifICations, and (2)
discloS4ftS, If required. (See certification term number 2 concerning disdosure.)
lobbying - To lobby means '0 influence or attempt to influence an officer or employee of any agency (federal), a member of Congress, an officer
or em'" of Congress, or an employee of a member of Congress in connection with any of the follOWing covered federal actions:
X thetwalding of any federal contract
X thet*dng of any federal grant.
X thethaklng of any fecleralloan,
X thetntering into of any cooperative agreement, and
X the ~ion, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement
Umited "'- of Appropriated Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own
emplo. with respect to:
X lis. Ktivities with federal agencies and Congress not directly related to a covered federal action;
X PfOIdinu any information specifically requested by a federal agency or Congress;
X disljsslon and/or demonstration of products or services if not related to a specific solicitation for a covered action; or
X Pf'<4aional and technical services in preparing, submitting or negotiating any bid, proposal or application for a federal contract, grant loan
or cjoperative agreement or for meeting legal requirements conditional to receipt of any federal contract, grant, loan or cooperative
agAiwnent (The prohibition also does not apply to such services provided by nonemployees for the same purposes.)
Professloap and Technical Services - Professional and technical serviceS shall be advice and analysis directly applying any professional or
technic:ll expertise. Note that the professional and technical services exemption is speciflC811y limited to the merits of the matter.
Other AII~ Activities - The prohibition or 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 cion
Funds 0tIIIr lban Federal Appropriations - There IS no federal restriction on the use of nonfederal funds to lobby the federal govemment for
contracS, grants, and cooperative agreements
Applicabi" of Other State and Federal Requirements - Neither the government-wide rule nor the law affect either (1) the applicability of cost
principlll in OMS circulars A-87 and A-122, or (2) riders to the Texas State Appropriations Ads which disallow use of state funds for lobbying.
TERMS OF CERTIACATlON
This cert~ applies only to the instant federal action for which the certification is being obtained and is a material representation of fact upon
which "lance was placed when this transaction was made or entered into. Submission of this certification is a prerequiSite for making or
enterinaJnto 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 civls,enalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersllned certifies, to the best of his or her knowledge and belief, that
1. No fedetIIIY IPPropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to
influenQljan officer or employee of any agency, a member of Congress, an offICer or employee of Congress, or an employee of a member of
Cong"" in connection with the awarding of any federal contract, the making of an federal grant, the making of any federal loan, the entering
into of. cooperative agreement, or the extension. continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooper1lllve agreement.
2 If any fieds other than federally appropnated funds have been paid or will be paid to any person for influencing or attempting to influence an
officer at employee of any agency, member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
conn$dlilln with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit
Stand'" FQm1-LLL, .Oisclosure Form to Report Lobbying," in accordance with its instructions. (If needed, contact your Texas Department of
Family * Protective Services procurement officer or contract manager to obtain a copy f Standard Form-lll.)
3. The un i........ igned shall require t.hat the language of this certification be included in the award documents for all covered $ubawards at all tiers
(includ' . subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients shall
certify . disclose aocordingly
00 you or do you MtIc1pete having covered subawards under this transaction?......................................... 0 Yes I:8J No
Ntme.lf I till Conlnlctor
Boytj & GI.... Club of
Vendor 10 No. Or Soc'. SecurIty No, DFPS ~l No, (If IflPIIcableI
Chris 7L/ -I ()? 4'~ 8'6
Title
C PC')
~"LZ:~~/
-