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Home My WebLink AboutC2006-418 - 9/12/2006 - Approved CONTRACT (Cover Sheet) TITLE OF CONTRACT CONTRACT NO. Community Youth Development CYD 2007-2 This contract ("Contract") IS entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and the fotlowing named Subcontractor CITY: City of Corpus Chnstl P. O. Box 9277 Corpus Christi, TX 78469-9277 Telephone: (361) 826-3466 FAX.: (361) 826-3864 Contact Person: Reba George SUBCONTRACTOR: Communities In Schools, Corpus Christi PO Box 331203 Corpus Christi, TX 78463-1203 Telephone: (361) 361-878-2304 FAX: (361) 361-878-1410 Contact Person: Veronica R. Trevino Subcontractor agrees to provide services In accordance with the prOVisions of this Contract and under the COmmunity Youth Development Program ("CYD") funded by the Texas Department of Family and Proteetive Services ("DFPS") This Contract consists of the following attached documents which are incorporated herein by reference' Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1) B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the mformation provided to the CIty is true and correct in all respects to the best of its know/edge, Information and belief The Clibligations of the City of Corpus Christi under this Contract are expressly contingent upon the avaitllbility of funds for such purpose under the funding sources: CONTRACT PERIOD From September 1,2006 Through: August 31,2007 FUNDING OBLIGATION: Not to exceed $ 196,224.00 for FY 2007 for Contract Period stated above. ExeClilted in triplicate, each of which recognized as an original. ATTEST I\rmlllldo C~ City Secretary Legal form approved q-7 Subcontractor: Commun,ities In Schools, ?S Christi Approveo as te form.... . a. --::E? . _ By. '--- :=1[t - -, By: ~'.J'A ..,<<1'1 N.ami'ty _ "LO --:t6 i-- . K Name: c(t.(J(' ~ ---. _...'.-. Tille: .y' ~-c;;;;;: .' - L__" AU I hU "f;\le EI<~ ~~i~' ASSi~t~l~ Git} AttornevlY t>>U"Cll__~.l}L~te: ~ I ---_...........:~~ ~t:'r,.n-A.v .2006; 2006-418 09112/06 M2006-282 Communities in Schools - """~ _..,..<......,......... -"".,.._~.......,,,"'-,..-..""'"-".',,-_. -,~ 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Communities In &hools, Inc. T ABLE OF CONTENTS Contract Cover Sheet Table of Contents... Contracted PerformaBce Measures (Attachment A-I) Statement of Work (Attachment A-2) ...... Budget Information Forms (Attachment B-1).. Page No. .................................... i .................................... 1 ....................................4 .................................... 13 Reimbursement Request Form (Attachment B-2) ..... ..... .................................... 20 Budget Narrative (Attachment B-3) .. ... .. . Standard Terms and Conditions (Attachment C).. Sections 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ] 5 16 17 18 19 20 21 22 23 24 -......----'- Legal Authority Independent Contractor Financial Limitation Liability for Payment Changes and Amendments Accounting Requirements Record Keeping/Reporting 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 ActivitylLobbying Non-Discrimination and Equal Opportunity Health and Safety Standards Insurance . . . . . . .. .. . . . . .. ... . .. .... . . . .. . . ... 22 . ................................... 25 ~",,(.~ 25 Debarment and Suspension 26 Notice and Assistance Regarding Patent and Copyright Infringement 27 Disclosure of Confidential Information 28 Communications 29 General Standards of Performance 30 Entire Agreement 3 1 Contingent on Funding 32 Trainer Qualifications 3 3 . 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 Communities In Schools, Corpus Christi CONTRACTED PERFORMANCE MEASURES (Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals/objectives. Outcomes relate to behavior, skills, knowledge, attitudes, values, etc. The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1,2006 thru August 31,2007. Output #1: Number of youth served Indicator: Number of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be September], 2006 through August 31, 2007 for the initial contract period as established through this RFP. Unduplicated means participants will be counted once only during the contract period to determine this output, regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s/he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s/he receives her/his first service during the new contract period. Target: 950 Note: ] f adults wil] be served, a separate output measure will be included in the contract for those participants. Output #2: Timely submission of Billings and Monthly Reports lndicator: 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 ] 0 years. - 1 - ~-"~ Indicator: Percent of youth under the age of 1 0 years served does not exceed the contracted percentage cap This cap must be met each month by each individual service If the cap is exceeded. those youth may be considered ineligible and costs may be disallowed Target: 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 and a follow-up (post) asset survey. Only those youth who are mitially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. Target: 80%. Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow-up (post) asset survey. Note that the follow-up survey, and not the initial asset survey. contains the satisfaction questions. Target: 50%. Outcome #1: CYD youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow-up (post) Protective Factor survey. Follow- - 2 - .........m,."""""_ up (post) Protective Factor surveys will be completed Follow-up (post) Protective Factor surveys will be completed between IS 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 J 0% 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 TJFPS and may be changed at at~y time, but will not be changed without due notice to Fiscal Agents. .., - j - Attachment A-2 STA TEMENT OF WORK Subcontractor: Communities In Schools Pttogram Name: CIS Mentoring, Activities, & Employment Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: CIS is proposing to serve six (6) sites: Baker and South Park Middle Schools and Kostoryz, Houston, Lexington, and Central Park Elementary schools. Communities In School's CYD program includes case managed students, who have been referred because of a specific need such as behavior, academics and/or attendance and other students who will be registered under activities. All enrolled students, families, and other eligible youth residing/attending a school in 78415 or designated site will have access to these services with CIS placing an emphasis on youth 10-17 years of ages. Services will be offered directly at school sites. The school sites will provide a safe environment where youth can learn and grow and serve as an information/resource centers for other programs and agencies. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities casemanagers provide include support groups, individual guidance, family activities, homework help/tutoring, mentoring/volunteerism, presentations and information on issues such as drug awareness, teen pregnancy, IllV/AIDS, STD's, educational field trips, leadership activities and pre-employment training. Casemanagers working full-time will invest time for preparation, coordination, and implementation of direct services. This also insures that all the sub-components such as parental involvement and community service are covered. After school activities will be coordinated and implemented directly by the part-time Recreational Leaders and in collaboration, partnership, or subcontracting with other local agencies or providers. CIS/CYD staff will develop campus plans that provide a tentative schedule of all activities. Campus plans are flexible documents that outline, assess, and address the needs of the participants and the population of the school. CIS/CYD programs will provide structured acti vities at six (6) school sites where eligible youth, parents and siblings are welcomed to participate Coordinated activities are geared towards knowledge, personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. Activities will be implemented before and during school at the high school and middle school sites. Elementary school sites will also include recreational activities immediately after school. Participation is voluntary with a CYD registration form signed by the parent/guardian. Coordination of services will continue to provide additional avenues for students and their families It also provides a better assessment of the needs and issues of the 78415 area, allowing for a more effective delivery of services. Formal collaboration with the Nueces County Juvenile Justice Center and Corpus Christi Independent School District is an invaluable source of potential mentors - 4 - A five-week Summer Program will be conducted at a designated school site for eligible youth 12-1" 2) Location where services will be provided: South Park: 3001 McArdle, City Corpus Christi, Texas ZIP Code 78415 a) If more than one location is utilized. list other locations here: Baker Middle School: 3445 Pecan, 784] 1; Central Park Elementary: 3602 McArdle, 78415; Houston Elementary: 363 Norton, 78415; Kostoryz Elementary: 3602 Panama, 78415; Lexington Elementary: 2901 McArdle 78415 3) Inclusive dates of Service: From September 1,2006 to August 31, 2007 4) Days and Hours of provided seIVices. Services are provided at the designated high school site and middle school sites by CIS/CYD staff before school (8 00 a.m. - 9'00 a.m.) and during school hours (9:00 a.m. - 4:00 p.m.). After school hours at the middle school sites are 4:00 p.m. - 5:00 p.m. SeIVices at the elementary schools will be provided during school hours (8:00 a.m. - 3:00 p.m.) and after school (3:00 - 4:00 pm.) Summer Programs will be offered at South Park for five weeks from 8'00 am 4:00 PM. 5) Number of un duplicated youth to beservedladults to be seIVed (if applicable): 950 youth 6) Mentor to youth ratio 1: 1 when needed by a mentor recruited from the community; 1: 15 with staff a) Number of contact hours per week/per month: 1 hour/week with individual mentors; during program hours at all other times. 7) Describe the target population to be served: Since its inception in Corpus Christi, CIS has worked with youth and families with the demographics, social needs, economic limitation, and cultural diversity as the population in the 78415 zip code. Youth to be served are ages 6-1 7 years with an emphasis on 10-1 7 years. 8) Describe how this service meets evidence-based requirements as defined in the CYO RFP- Addendum. released 05/19/2006: CIS Casemanagemem six component model (counseling/supportive guidance, pre- employment training, enrichment activities, parental involvement, health & human services and academic enhancement) uses proven strategies, practices and/or components in the prevention of Juvenile Delinquency. The CIS model is the tool used to reduce and/or eliminate these barriers in order to create a positive social behavioral change and reduce juvenile crime in an effort to empower youth to become productive citizens Please see the components indicated - ') - below and the research sources that support the service. Supportive Guidance CIS believes that even child needs a one-on-one relationship with a caring adult. Enrichment: CIS provides a safe and neutral environment for students to express themselves through a neutral enrichment ......' ~ Mentoring pairing of mentors with youth provides a friendly and safe introduction to positive values. CIS is certified under the Texas Governor's Mentoting Initiative. The Texas Governor's Mentoring Initiative follows the Elements of Effective Practice created by the National Mentoring Partnership. These new guidelines are the culmination of a process that brought together many of the nation's foremost authorities on mentoting. In 2003, this newly formed group began by reassessing the existing Elements. They took the best of those Elements and added new ideas and new practices that reflect the latest in mentoring policies, practices, experiences and research. CIS Mentoring Model also mirrors Big Brothers and Big Sisters Exemplary Model Program that has been established through effective practices on recruitment, screening, matching, and supervision. Governor's Mentoting Initiative Elements of Effective Practice http://www . onestarfoundation. orglonestar/me ntoting/mentor standards.htmJ Links to Mentoring and Volunteer Resources http://www. onestarfoundation. orglonestar/me ntoting/resources. htmJ Elements of Effective Practice http://www.mentorin .or ro ram staffJdesi lelements of effective ractice. h ? id=all --- --- - -- - - -----'1 Activities: Before i Because the hours directly after school can be and after school so dangerous for school-aged children, activities delinquency prevention programs should be encompass sports. used to reduce the probability of these arts, tutoring, incidences. Quality afterschool programs are homework widely supported as a buffer against the assistance. danger of delinquency. Nearly 100 percent of workshops, and those polled agreed that it is important for community children to have an afterschool program that leadership helps them develop academic and social skills 10jects ~~!__J ___.in a safe, carin environment (U.S. - (; - ~...""-, and social mteraction Education Enhancemen t inspire children to stay III school, build self-esteem, prepare for life, and above all stay off the streets. CIS operates afterschool activities until 400 p.rn ( elementary) and 5:00 p.m. (middle and high). Data indicates that juveniles are at the highest risk of being the victims of violent crime. Casemanagement: CIS promotes and facilitates the coordinated delivery of community social services, as well as health (life skills curriculurn- Strengthening Families) . education and other support services on the elementary, middle and high school campuses for the "hard to serve" youth and their families. ~u _ .1__ _ __ I i I I I I ___J Department of Justice, 2000). Atterschool Recreation http://www.dsgonline.com/mpg2. 5/afterschool recreation vrevention.htm After-School Programs: Keeping Children Safe and Smart - June 2000 http://www . ed. gov/pubs/afterschooV3 whatwo rks. html Casemanagers assess the needs of the youth and his or her family and provide direct services or referrals to resources in the community to reduce the high-risk behaviors. Services include assessments of youth on academic, behavior, attendance and social service needs. A service plan is based on needs of youth and family. Direct services are conducted at a minimum of three per month. Baseline is taken at the beginning of services and compared to at the end of school year. Progress of youth is conducted monthly to ensure that services are making an impact and adjusted if needed. CIS National is launching a full researched based evaluation to be completed in the next full years. San Diego County Breaking Cycles htt ://www.dsonline.com/m 2.5//TitleV M PG Table Ind Rec.asp?id=604 Strengthening Families www.strengtheningfamilies.org _..-L 9) Describe each goal of the service and/or program. including the impact on juvenile crime: CIS includes two types of registered participants: casemanaged and activities. Casemanaged students will demonstrate the effectiveness of their participation in the program through a Student Measurement Gauge and school documentation, such as report cards, which will measure improvement in attendance, behavior and/or academics. 750/0 of casemanaged students will show improvement in Attendance, Behavior, and/or Academics. 800/0 of mentored youth will show improvement in Academics, Behavior, and/or Attendance. Activity students will be measured for improvement in behavior by the use of a post evaluation tool to be completed by a teacher or parent/guardian. 50% of activity students will show improvement in Behavior at the end of their participation in the program. 800/0 of all youth will have a minimum of one contact per month during the program year. Sign-in sheets and service logs are maintained to keep accurate track of participation. CIS/CYD wishes to continue to be part of the force that has been successful in achieving or making a positive difference in the 78415 zip code area. As such, CIS takes great pride in proportionally sharing the success achieved by positive behavioral and social changes as a result of the efforts of the programs implemented to empower the youth of 78415. CIS/CYD in FY 2006-2007 will continue to provide the alternative to gang involvement, criminal activity, and other SOCIal issues facing our youth 10-17. It will provide positive programs that will affect self-esteem, attitude, performance, and life skills in order to reduce and/or eliminate some of the barriers facing the youth of 7841 ';. 1 0) How will this service be available to families without transportation: CIS has site-based programs at the school sites. However, if off site activities occur, Corpus Christi Independent School District (CCISD) buses are utilized through an agreement. 11) Describe the "safe passage" plan for youth/families without transportation: Since CIS/CYD is site based, students are already at the schools we serve; therefore, transportation is not a factor. CIS has a long-standing relationship and partnership with CC1SD Transportation Department and Regional Transportation Authority. An agreement has been established to coordinate transportation for field trips during the school year and summer programs. C1 S has obtained insurance to cover the students participating in our program. During after school programs, students walk home, with parent permission, or the - 8 - recreational leaders watch over students until parents pick them up. ] 2) Staffing: 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: CIS has Personnel Policies, Standard Operating Procedures, Directives, and Memorandums in place to maintain the internal integrity of the agency. These policies are reviewed yearly by Management and Board Committees to make sure current state and federal guidelines are being followed Attracting and maintaining educated and trained personnel is essential for CIS and this grant if children and families are to continue to succeed. It is imperative for our organization to be in compliance with changes in laws regarding hiring practices. CIS/CYD staff, mentors, interns, and volunteers must go through an application process, criminal background check, criminal history affidavit, and training before they can participate with children whether it is casemanagement, activities, and/or mentoring. The criminal background check and criminal history affidavit will be renewed every two (2) years. Staff will be trained by the Project Coordinator in all aspects ofthe program and in the necessary documentation. Continual support and working as a team builds a strong staff commitment to the CIS/CYD mission and ensures success. The Project Coordinator will conduct job shadowing to assist new personnel in fully understanding the program. V olunteers will have access to on-going training through written information and workshops. Through our collaboration with Corpus Christi Independent School District, several free seminars are available to both volunteers and staff throughout the year. Staffwill act as advisors to mentors/volunteers to encourage and help in any situation that may arise. In case of staffvacancv/absence, the Project Coordinator will fulfill the duties of the staff. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. - 9 - '"!IIIIIP-'~ 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. Rtgistration forms and Monthly Participant Summary Sheets must be submitted for each IllGntb 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 IV. Bn~LING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below. Parks & Recreation Department A TTN: CYD Project Coordinator City of Corpus Christi P O. Box 9277 Corpus Christi, Texas 78469-9277 The monthly billing will 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 of Information to participants registration/consent form -10- Subcontractor will adhere to the following billing schedule: ! i EXPENDITURES THROUGH MONTHLY BILLING DUE DATE I September 30, 2006 October 7, 2006 --_...- I October 3 ], 2006 November 7, 2006 r-------- I November 30, 2006 December 7, 2006 I January 7,2007 I December 3 ], 2006 February 7, 2007 I January 3 ] , 2007 I March 7, 2007 I February 28, 2007 I -- \ March 3 1, 2007 April 7, 2007 I April 30, 2007 May 7, 2007 I - I - I May 31,2007 June 7, 2007 ! - ! June 30, 2007 July 7, 2007 I - ------ ----- i hdy 31,2007 August 7, 2007 I I August 3], 2007 September 7, 2007 V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor F,'stimate 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 of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. - ] I - ....-. ..",", Schedule A - Subcontractor Estimate of FY2007 Expenditures -----. - Month Estimated Percent of Total EXDenditures Bud2et -- September 2006 $17,662 9% October 2006 $16,233 8.0 November 2006 $16,233 8.3 December 2006 $16,233 8.3 January 2007 $16,233 8.3 February 2007 $16,233 8.3 March 2007 $16,233 8.3 April 2007 $16,233 8.3 - May 2007 $16,233 8.3 June 2007 $16,233 8.3 July 2007 $16,233 8.3 August 2007 $16,232 8.3 - 12 - ~",,_"d_ ......"',"..... Attachment B-1 Communities In School, Corpus Christi. Inc. Budget Information Forms Contract Period: Sept. 1,2006 thru August 31, 2007 Summary Budget FY07 COST CATEGORY TOTAL 1. (A) Personnel - Salaries $164,867.00 (B) Personnel- Fringe Benefits 29,862.00 (C) Personnel - Travel 0.00 2. Materials and Supplies 1,495.00 3. Equipment 0.00 4. Other Costs 0.00 TOTAL BUDGET $196.224.00 Cash Match $0.00 In-kind Match $135,525.00 -13- Attachment B-1 Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1,2006 thru August 31,2007 (la) Personnel - Salaries FY07 A I B C D E F I Position or Title Number of Average Fun Percent of Number of Cost Staff for Time Monthly Time on Months (BxCxDxE) I Position Salary Budgeted Employed (Total) ! Position Sem. Case Mana}?;er 1 2,887.50 100% 12 34,650.00 Casc'MaJla}?;er II 1 2,629.33 100% 12 31,552.00 CaseiManager II 1 2,315.25 100010 12 27,783.00 CaseMana}?;er # 1 1 2,573.17 75% 12 23 159.00 CaseMana}?;er #2 , 1 2,205.00 100% 12 26,460.00 Case Manager #3 1 2,362.50 75% 12 21,263.00 TOTAL SALARIES Total 164,867.00 -14- ~~_.".........- Attachment B-1 Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1,2006 thru August 31,2007 (1 b) Personnel- Fringe Benefits (Employer's Share) FY07 Fringe Benefits Based on (la) Salaries Paid $12,612.00 495.00 1,533.00 11,608.00 RETIREMENT (3% after 2 years of employment): Sf. Casemanager, Casemana ers II, and ] Casemana er 3,614.00 *Pringe benefits include FICAlMED, SUTA, Retirement, Insurance, and Workers Co nsation TAL FRINGE BENEFITS $29,862.00 -15- .....'. . . ..". Attachment B-1 Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1,2006 thru August 31, 2007 ( 1 c) Personnel - Travel FY07 Type of Expense (transportation, Purpose (Destination and Total food, lodging, mileale) Benefits to Program) Local mileage for but not limited to Tral'el - Local home visits, community meetings with $0.00 mentors, mentees, students and staff meetin2s TOTAL TRAVEL $0.00 -16- Attachment B-1 Communities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1, 2006 thru August 31,2007 (2) Materials and Supplies FY07 Description and Basis for Cost Total Routine office supplies and other consumable supplies such as but not Imited to school supplies for CYD registered youth participants and Summer Program supplies. Cost basis would vary based on the sur4!t1ies, vendor and all other variables factors that affect cost such as"t not exclusively shipping, freight and delivery charges. $1,495.00 0.00 0.00 0.00 0.00 TOTAL CONSUMABLE SUPPLIES $1,495.00 -17- ,~--"",,-,,,,,,,,,,,, Attachment B-1 Communities In School, Corpus Christi, Inc. Budget Infonnation Fonns Contract Period: Sept 1,2006 thru August 31,2007 (3) Rental, Lease, or Purchase of Equipment FY07 Method Used Description and Basis for Valuation (lease, rent, purchase, Total etc. ) COlliers Lease $0.00 TotAL RENTAL, LEASE, OR PURCHASE $0.00 -18- ......'.. ",.., .......~ ,.-........ Attachment B-1 ('ommunities In School, Corpus Christi, Inc. Budget Information Forms Contract Period: Sept 1,2006 thru August 31, 2007 (4) Other Costs FY07 Description and Basis for Cost Total Insurance - Students $0.00 Telephone fax services 0.00 Bus Transportation 0.00 Posta~e 0.00 SnackILunch Provisions 0.00 RIS - General 0.00 RIS - Baseball/Softball 0.00 RIS - Kickball 0.00 RIS - Girls Fast Pitch 0.00 Services Provider - Martial Arts 0.00 Setvice Provider - Dance 0.00 Service Provider - Career for Youth Summer Program 0.00 Service Provider - T AMU-CC 0.00 TOTAL OTHER COSTS $0.00 -19- SUBceNTRACTOR: CONTRACT PERIOD: TITLE: Communities In Schools, Inc. 09/01/2006 to 08/31/2007 Community Youth Development Program Request No. Reporting Month Attachment B-2 BIJDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST personnf - Salaries Senior Cise Manager Case Mallager II Case Maaager 1I Case Maeager # 1 Case Maeager #2 Case Maaager # :1 TOTAL Personnel - Fringe Fica/Melcare Suta Worker's comp Insurance Retirement TOTAL perso1 Travel Local ge TOTAL Materialaand Supplies Routine CIlice supplies TOT AL Rental, Lease or Purchase of Equiptlent Copier lAase TOTAL Other C'flS Insuranoi-Students Telepho.s, fax Bus Transportation Postage SnackILlIlch Provision RIS General RIS - Bacball/Softbal1 RIS - Kidcball RIS - Gids Fast Pitch .........~.,.... ;\mount Budgeted (l)YTD Expended (2) YTD Invoiced 34,650.00 31,552.00 27,783.00 23,159.00 26,460.00 21,263.00 164,867.00 12,612.00 495.00 1,533.00 11,608.00 3,614.00 29,862.00 0.00 0.00 1,495.00 1,495.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20 (1) - (2) Amount Requested. *City Use Only Amnt Paid Service Provider - Martial Arts O. O() Service Provider - Dance O. O() Service Provider - Career for You O.O() Sen'ice Providers-.T AMU-CC 0,00 TOT AL 0.00 TOTAL J96,224.00 * Amounts expended cannot exceed amount budgeted. I certifY that the expenditures shown above are true and that supporting documentation is attaclled to substantiate them Date Subcontractor's Authorized Signature Date Payment Authorization Signature 21 Attachment B-3 Communities In Schools, Corpus Christi Budaet Narrative (18) PERSONNEL - SALARIES - $164,867 Salaries reflect the projected estimated salary for staff for FY 2006/2007 the Project Coordinator will oversee the program and work closely with Casemanagers in providing services, as well as the recruitment and training of mentors/volunteers. He/she will monitor all aspects of the program and be responsible for the completion of the CYD monthly Status Reports. The Senior Casemanager will be a backup to the Project Coordinator and work closely with him/her in facilitating the mentor component as well as maintaining a caseload on one of the campuses. The Casemanager II will also participate in the completion of monthly documentation. The Casemanager " and Casemanagers will be responsible for their campus only. They will prepare, coordinate, and implement direct services. All staff will work as a team to provide direct services and ensure the success of the students and their families. All staff is responsible for doing home visits on a regular basis. All CYD staff is 100% cost allocated to the program. There are no administrative salaries included in this proposaL All administrative salaries are in-kind services provided by CIS. (1b) PERSONNEL - FRINGE BENEFITS - $29,862 Fringe benefits include FICA at the rate of 7.65%, SUTA at the rate of 3.0%, insurance at $300 per employee per month, retirement at 3% of gross salary after 2 (two) years of employment. (1b) Personnel- Fringe Benefits (Employer's Share) ,-----. .. Fringe Benefits Based on (1a) Salaries Paid* FY 2006 FICAlMEDICARE (7.65%) $12,612 SUTA (1 %) $9,000 per employee ( 4 empl at $9,000 & 2 empl at 495 $6,750 -75%) Workers Compensation (0.93%) 1,533 Insurance ($275 a month per employee and 2 employees only life 11,608 12 employees at 75%) Ptetirement (3% after two (2) years of employment): Sr. 3,614 Casemanager, Casemanager II and 1 Casemanagers *Fringe benefits include FICA, SUTA, Retirement, Insurance, and Workers Compensation TOTAL FRINGE BENEFITS $29,862 (1.) PERSONNEL - TRAVEL - $0.00 Travel mileage will cover approximately 125 miles per month for 10 months for 8 staff at approximately $0.40 per mile (the agency's approved rate per mile) for home - 22 - ......"...,.,- ViSitS, meetings, picking up CYD supplies, and to recruit mentors, facilitate, attend mentor meetings, and/or meeting with mentor/mentee on CYD sites. (2) SUPPLIES - $1,495 $24917 per staff X 6 staff Routine office supplies for staff such as but not limited to: copy paper, pens, pencils, note pads, printer cartridges, diskettes, markers, binders, adding machine tape, blank video tapes, cassette tapes, publishing programs software, graphics programs software, art and crafts supplies. Consumable supplies are for T-shirts, uniforms, costumes, and other consumable supply needs for students. Consumable supplies also include any artide, items, or equipment costing not sufficiently enough to be considered major equipment items and having a useful life expectancy of less than two (2) years, and other consumable supplies. School supplies for students such as but not limited to writing tablets, notebook paper, pens, pencils, pocket folders, scissors, glue, construction paper, supplies for student's use in mentoring and/or activities and any other supplies needed for the student. To purchase supplies such as but not limited to arts & crafts, T-shirts for field trips during the summer program, models, sewing kits and any other supplies needed for the summer program. (~. EQUIPMENT - $0.00 Includes the cost of leasing four machines. Two- (2) copiers at approximately $198/month (1) copier at approximately $243/month and 1 copier at approximately $262/month OTHER - $0.00 Insurance - $0.00 - a rate is not determined until year-end. A premium is paid in advance and the difference is paid after more accurate and/or actual numbers of students and activities can be determined and/or estimated. Telephone - $0.00: $50 X 12mos X 8 staff for cell telephones/radios monthly plans = $0.00 $50 X 12 mos - for a Ian line = $0.00 Cost for a telephone line, fax services, and 6 telephone/walkie-talkie plans for employees to use at all times for communication. Other communication expenses could include items such as e-mail, or any other unforeseeable means of allowable communication cost Bus Transportation - $0.00: $ per site per year for educational field trips Generally CIS maximizes its financial resources by utilizing CCISD bus transportation system, which is the best value. However, if at anytime CCISD bus transportation cannot accommodate CIS will utilize other alternative transportation system. CCISD bus transportation is used for education field trips for CYD youths during school year and especially during the Summer Program. Postage - $0.00 -2:\- ......".-.-.,....... ~. -'- Cost necessary for postage such as .but not limited to announcements, correspondence to parents, mentors, principals, school staff, business donors, services providers, and many others. Snack/lunch provisions - $0.00: cost for snacks or lunch provisions provided to CYD youths. Food for field trips and activities provided to CYD youths during school, after school and summer program Recognition Incentives, and Scholarships - $0.00: Entry fees - $0.00 (approx. 50 youths per site X $5.50 per youth X 6 sites) Scholarships - $0.00. ($117 per youth X 50 youths) This cost pays for youth registration fees, entry fees, awards, trophies, certificates, scholarships, and other cost for participants in mentoring/activities such as but not limited to softball, baseball, kickball, football, basketball, bowling, miniature golf, museums, twirling, cheerleading, ballet, jazz, ballet folklorico dancing, guitar, entry fees for educational institution such as NASA, skating, and any other form of life enhancing recognition, incentive, and/or scholarships, and other recognitions. RlS - Baseball/Softball - $0.00 To pay for registration for CYD youths to participate in such activities. Approximately 50 scholarships will be provided at $30 each. RlS - Kickball - $0.00 To pay for registration for CYD youths to participate in such activities. Approximately 50 scholarships will be provided at $30 each RIS - Girls Fast Pitch - $0.00 To pay for registration for CYD youths to participate in such activities. Approximately 25 scholarships will be provided at $60 each. Service Provider - Martial Arts -$0.00 cost for services provided in martial arts at approximately $150 per month for 1 class per week in 4 elementary schools for about 25 participants per class. Service Providers - Dance - $0.00 Cost for services provided in dance. Cost will be determined when services are negotiated with service provider but will not exceed budgeted line item. Service Provider - Career for Youth Summer Program - $0.00 - To provide CYD participants to participate on learning word processing, excel, publisher, keyboarding, etc and earning a school credit. This will be taught by a school teacher. Service Provider - TAMU-CC - $0.00 - cost for services of providing CIS with Part time recreational personnel to help with after school activities on the elementary schools - 24 - Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. Communities In Schools, 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 ("CFRH) Part 92, Office of Management and Budget ("OMBH) Circulars A-87, A-122, A- 110, and 40 Texas Administrative Code ("TAC") 732.240-256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMS Circulars A-8? A-122, A-110, and 40 TAC 732.240-256. SECTION 2. INDEPENIENT CONTRACTOR Itis expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of - ~ 5- ......,,---."'- Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is 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. - 26 - ~..._- 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 reta i ned 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 For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense/cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR REPAYMENT A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds - ~ 7 - .....,..".- 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. CHANGE~ 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-8?, 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 - 28 - ~,..,~,-- 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 minimum of five (5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the OepartmenUFiscal 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 - 29 - ~"-'.., 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 - 3 ....",....- 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 fallowing: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings - <. _-' -1 "..",...,.,- SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non-compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow-up visits to review pending "..... .,-. deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty-four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. YEAR 2000 COMPLIANCE Subcontractor has full responsibility to anticipate and mitigate any four-digit-year 3 - ...........,'.,...- 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 SlCTION 14. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W-2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non-discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SlCTION 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 01/18 Circular A-133 (Audits of State, Local Government, and Non-Profit - 34 - ~..,,~ Organizations) . A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub-Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his/her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the ........"- Fiscal Agent or the Department A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 18. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. c. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 19. INDEMNFICATION 7JJe Subcontractor shall indemnify and hold harmless the Fiscal Agent aIId the Department, their officers, agents, representatives, and 9II1ployees, from and against any and all claims or losses for physical ~mage to property or injury to persons resulting from negligence, ntisconduct, or any act or omission on the part of the Subcontractor, i. officers, agents, employees, representatives, or Sub- - ~ 6 -- SIIbcontractors. In the event of loss, damage, or destruction of any pl'operty due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal AfJent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of vwitten notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective etfIployees, officers, agents, and representatives can neither agree to hOld the Subcontractor harmless nor agree to indemnity the Subcontractor and any provisions to the contrary are void. SlCTION 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. SlCTION 21. POLITICAL ACTIVITY/LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 GFR 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 ~CTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1 Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73. of the Texas Administrative Code, as amended. These laws provide in part - 3 ~._.,,-, 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 wi II perform any labor or services under this Contract; 4 Establish a method to ensure the confidentiality of records and other Information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6 If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7 Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense Involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8 Comply with Federal , State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS: 8 - 9 All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended: 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to - 39 ~,.._...,,- historically underutilized or disadvantaged businesses. SlCTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Oecupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty-eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1 Dishonesty bonding under a commercial crime policy or business services bonding, at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2 Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3 Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non-owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self-certification of such coverage. and 4 Workers' compensation and adequate on-site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the - 4 ......" . , ""1IF 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. DEBARftENT 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 debannent, 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. - 41 - .......-."-- B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT ut=RtNGEMENT 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. 8. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non-transferable, irrevocable, paid-up license to practice or have practiced the subject invention throughout the world. c. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the - 42 - ~""_."~- 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. SlCTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However. Subcontractor's information may be subiect to reauired public d.c1osure under the Texas Public Information Act. Chapter 552 of the Texas ~vernment Code. SlCTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. 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 period 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 - 43 - ......c_ _ - _ """"""" Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SICTION 31. CONTIN~ENT ON FUNDING Th4s Contract is at all times contingent upon the availability and receipt of Federal or Stete funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SICTION 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. SICTION 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 - 41 - ........,.c.' , ,.".., Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1 requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2 to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3 to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period, Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article" of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. - 4 saCTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the e)QBrcise 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. - 4 V' - ......". -~- COtnrnunm 15 IN '.:i~O\~ c.o'Rj)U ~ Cht")~I::o..C i>Qqt. 3 z:. o.r y.~ 7i1415 CYD, RFP'2007 - Page 16 Attachment D SUBCONTRACTOR ASSURANCES If awarded funds through the Community Youth Development (CYD) program, the proposer will be required to certify the following to be true: Has legal authority to operate under state and federal financial assistance, including the managerial and fitlancial capacity to ensure proper administration, planning, and completion of service provisions. Have no unresolved audit exceptions with the Texas Department of Family and Protective Services (DFPS), 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 exhausted and resulting demand for payment has not been met. List any unresolved audit exceptions on a separate sheet if applicable Has no outstanding debts that could result in Iien(s) or levy(s) placed on payments made by DFPS or the City WIder the proposed contract. The Subcontractor staff or governing authorities have not participated in the development of specific criteria for award of contract and will not participate in the selection process for award of contract. Has 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 any successful offer. WII 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. 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 from any conflicts of interests or improper uses of funds awarded. Has 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 \IViI1 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. \IViI1 submit a Self Evaluation Report within 45 days following the end of the contract period. 12 VVilI 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 mformation 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 regulations and policies and that will successfully initiate and complete the work for the contract within applicable periods of time. 14 WlI verify and disclose, or cause its employees, subcontractors, and volunteers who have any direct contact wittl CYD clients 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 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 and/or volunteers who have direct contact with CYD participants. 15 Will 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 contract 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 contract; 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 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; and further agrees to comply with Health and Safety Code Section 85 113 relating to work place and confidentiality guidelines regarding AIDS and HIV ') L 3 4 5 6 7 8 9 \... ornrr.U.O\T' 1(..,:) ..... N ~(J'\OO',,:) , CoR.pl.lS (.h..-j s-f. x... ?Cl C\e 00 of '""'f 78415'tYD, RFP 2007 - Page 17 and 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 services and assistance. * 18 Will 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 supplant 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 within the past five years; nor is the offeror currently prohibited from contracting with a government agency. 20 Certifies that no funding under this subcontract will be used to influence the outcome of elections or the passage or defeat of any legislative measures. 21 Will 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 \Mil 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 adhering to generally accepted accounting standards, state and federal laws and regulations, and DFPS, DHHS, or other concerned government agency directives. 23 \/ViU hold the City and DFPS harmless from negligence, misconduct, or other improper actions of offeror's a~nts, representatives, employees, or subcontractors. 24 WlI 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 contract services. The City and DFPS shall have access to such documents upon request. 25 Witl fully comply with all the terms of the contract award, I indiWEiually, or as an authorized representative of the organization submitting this proposal, do hereby certify, warrant, and assure that I have read all assurances and do hereby bind myself and my organization to abide by them. March 30. 2006 Date vero;:ta R. Trevino Print .. Name of Authorized Representative ~7~ Signature of Authorized Representative Execulve Director Title Communities In Schools. 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 (PL 88-352), Title IX Education Amendments of 1972 as amended (20 use, Subsection 1681, et seq.), Section 504 of the Rehabiltation Act of 1973 as amended (29 USC, Section 794), Age Discrimination Act of 1975 as amended (42 use, ~bsection 6101-6107), and the Drug Abuse and Treatment Act of 1972 as amended (PL 92-255), the Compr....ensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 as amended (PL 91"16), Public Health Service Act of 1912 as amended (42 USC, 290 dd-3 and 290 ee-3); Office of Manag""'ent and Budget Circulars A-37, A-122; Code of Federal Regulations Title 45. c ~ t'Y"\ U. Y'l \ T , Q. S :rl\,\ S chOO\S.l C.Of(.PUS Chr\S-l1 :r pet <Ie. ~'f- 0{ ""'f ~15 CYD, RFP 2007 - Page 18 Attachment E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion For Covered Contracts Feder. 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, meligibllity, and voluntary exclusion Each covered contractor must also screen each of its covered subcontractors. In this certification "contractor" refers to both contractor and subcontractor; "contract" refers to both contract and subcontract. By signing and submitting this certification the potential contractor accepts the following terms: TIle certification herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the feferal government, the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, or the Texas Department of Family and Protective Services, may pursue available remedies, including suspension and/or debarment. 2 The potential contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the pClCentlal contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances 3 The words "covered contract," "debarred," "suspended," "ineligible," "participant: "person," "principal," "proposal," and "voluntarily e.uded," as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing 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 knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from paJticipation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture 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_ 5. The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding D.arment, Suspension, Ineligibility, and VOluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts; and in solicitations for all covered subcontracts 6 A contractor 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 certification is erroneous. A contractor must, at a minimum, obtain certifications from its coW!red subcontractors upon each subcontract's initiation and upon each renewal. NoItling contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the ceflfication required by this certification document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8 Exoept for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable. and/or the Texas Department of Family and Protective Services may pursue available remedies. including suspension and/or debarment CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS. Indicate in the appropriate box which statement applies to the covered potential contractor: ~ The potential contractor certifies, by submission of thiS certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment. declared inelig:ble, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas o The potential 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 s/he is unable to make certification. Attach the explanation(s) to this certification. Name of'olentlal ContrllCtor Communities In Schools, Corpus Christi. Inc Vendor 10 No. Or Social Security No. DFPS Contract No. (If applicable) 17424294456 N/A Name of~thortzed Repr..entatlve Veronica R Trevino Title Executive Director S;?:=R;?_~ ---'-'~--'-"'-_._-'-"'-"-"'-'-'- --_.- ~. ,.~ c.ohl~Un rTlf/.S ~ ~~\.: ~ S (h~,Ertt 41 '?~qe.. 35 o..r l{q 17'8415 CYD, RFP ~007 - P'age 19 Attachment F Certification Regarding Federal Lobbying (Certification for Contracts, Grants, Loans, and Cooperative Agreements) PREAMBLE Federallepolatlon, Section 319 of Public Law 101-121 generally prohibits entities from using federally appropriated funds to lobby the executive or legisl.e branches of the federal government. Section 319 specifically requires disclosure of certain lobbying activities. A federal government- wide rule, "New Restrictions on Lobbying: published in the Federal Register, February 26, 1990, requires certification and disclosure in specific Instances and defines terms: Covered Awards and Subawards - Contracts, grants, and cooperative agreements over the $100,000 threshold need (1) certifications, and (2) disclosures, if required. (See certification term number 2 concerning disclosure.) Lobbying - To lobby means "to influence or attempt to influence an officer or employee of any agency (federal), a member of Congress, an officer or empltyee of Congress. or an employee of a member of Congress in connection with any of the following covered federal actions: X the awarding of any federal contract X the tnaking of any federal grant, X the making of any federal loan, X the entering into of any cooperative agreement, and X the extension, continuation, renewa I, amendment, or modification of any federal contract, grant, loan or cooperative agreement Limited U. of Appropriated Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own emplo}lles with respect to: X liai.n activities with federal agencies and Congress not directly related to a covered federal action; X pr<>*ling any infonnation specifically requested by a federal agency or Congress; X dis_sion and/or demonstration of products or services jf not related to a specific solicitation for a covered action; or X proftssional and technical services in preparing, submitting or negotiating any bid, proposal or application for a federal contract, grant loan or COoperative agreement or for meeting legal requirements conditional to receipt of any federal contract, grant, loan or cooperative agreement. (The prohibition also does not apply to such services provided by nonemployees for the same purposes.) Professional and Technical Services . Professional and technical services shall be advice and analysis directly applying any professional or technicat expertise Note that the professional and technical services exemption is specifically limited to the merits of the matter. other Alloweble 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 action. Funds Ott_ Than Federal Appropriations. There IS no federal restriction on the use of nonfederal funds to lobby the federal government for contracts, grants, and cooperative agreements. Applicabilltr of Other State and Federal Requirements - Neither the government-wide rule nor the law affect either (1) the applicability of cost principlel in OMS circulars A-a? and A-122, or (2) riders to the Texas State Appropriations Acts which disallow use of state funds for lobbying. TERMS OF CERTIFICATION This certificalion applies only to the instant federal action for which the certification is being obtained and is a material representation of fact upon which rflance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or enteringlnto this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that 1. No fede"'y appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress 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 SAy cooperative agreement. or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperatlWe agreement. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connectiQl1 with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Forrn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (If needed, contact your Texas Department of Family and Protective Services procurement officer or contract manager to obtain a copy f Standard Form-LLL.) 3 The undersigned shall require that the language of this certification be included in the award documents for all covered subawards at all tiers (includinl: subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly Do you have or do you anticipate having covered subawards under this transaction?.......................................... DYes C8J No Name of Ilotentlal Contractor Vendor 10 No. Or Social Security No. DFPS Contract No. (If applicable) Communities In Schools, Corpus Christi, Inc 17424294456 N/A Name of AlUthorized Representative Title 27~ed Reeentl~~0 ~~ronica RTrevino__.__ ._._____l~xecutive Director '....- ---