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Home My WebLink AboutC2006-419 - 9/12/2006 - Approved CONTRACT Cover Sheet) nTlE OF (,ONTRACl ::;ONTRAC~' "JO :ommu!1!ty r outh Development ~YD 2007,~ This contract ('Contract') is Eontered Into by the City ;)f Corpus Christi ("City" or "Fiscal Agent") and the folowing named Subcontractor CITY Cit\, of Corpus 'hnsti P Box 92T Corpus Chnstl, ~'X 78469-927 Telephone (361) 826,3466 FA,x (361 826,,3864 Contact Person Reba George SUBCONTRACTOR: Planned Parenthood of South Texas, Inc, 3536 Holly Rd, Corpus Christi, TX 78415 Telephone (361) 361-855-9107 FAX (361) 361-855-6822 Contact Person: Amanda Stukenberg Subcontractor agrees '0 provde services n, accordance With the provisions of this Contract and under the Community Youth Development Program ("CYD') funded by the Texas Department of Family and Protective Services f'DFPS'" ThiS C )ntract consists of the following attached documents which are incorporated herein by refere'lce Contract (Cover Sheet) Pertormance Measures (Attachmenl ,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 '::;onditions (Attachment C) Subcontractor A.ssurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regardirg Federal Lobbying (Attachment F) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the Information provided to the City IS true and correct In all respects to the best of its knowledge, information and belle. The 4tb'igations of the City of Corpus Chr\sti under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources CONTRA(::T PERIOD I=rom September 1 2006 Through: August 31, 2007 FUNDING OBLlGA nON Not to exceed $ 29,713.00 for FY 2007 for Contract Period stated above, Exeouted in triplicate eact> of which recognized as an original. i~ TTEST ArmllndOCh~~ City Secretary ~:Chri~i e e K Noe , City Manager a _':-"~ ) Legal form approved ._,_-L,,~ __ 2006 By Name' (:,.~\ Title: "ft =. -lrJ W..-t5I~AU I ~II'I". Davie C' ':'urtls 1 t .J) Serl!or il.Ss,,,tarr c:'tJtGlltCIL ~ i J ~ f QL '--. At ." sfii;.T~~~iV Subcontractor: Planned Parenthood of South Texas, Inc. By t\(\\.(~,~ ('~">\'-\...:.~:~ \ - Name ,', \ \ (\ ,. ,~ '1;"< Title: (' ><.c Date: r; \.: 2006-419 09/12/06 M2006-283 Planned Parenthood of So. Texas Approved is rc ~,rm / "-._~=~"'- 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Planned Parenthood of South Texas TABLE OF CONTENTS Contract Cover Sheel Page No. Table of Contents ............. i Contracted Performance Measures (Attachment A-I) . . . .. .. . . . . . .. . . . . . . . . .. 1 Statement of Work (Attachment A-2).. .. ............................... 4 Budget Information Forms (Attachment B-1 ) .........................14 Reimbursement Request Form (Attachment B-2) . ............................ 21 Budget Narrative (Attachment B-3) . ................................22 Standard Terms and Conditions (Attachment C) Sections (. 23 24 ~--,._- .............................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 Taxt's Disputes Independent Audit Prevention of Conflicting Interests Fraud and Abuse Prevention Indemnification Sectarian Involvement Prohibited Political Activity/Lobbying Non-Discrimination and Equal Opportunity Health and Safety Standards Insurance .; x (' \0 II ;~ I'::' 13 14 15 16 7 18 19 20 21 22 .....-"... ",", ,,0.(.., 2:; 26 ,~7 28 29 Debarment and Suspension Notice and Assistance Regarding Patent and Copyright Infringement Disclosure of Confidential Information Communications General Standards of Performance EntIre Agreement Contmgent on Funding Trainer Qualifications Termination Foree Majeure ,0 :; I Q '" ~J ,4 Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) ~"..."_.- Attachment A-1 Planned Parenthood CONTRACTED PERFORMANCE MEASURES ( Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance m 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 fhe CIty of Corpus Christl 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 Servi ces database, which wi II be September 1, 2006 through August 3 1, 2007 for the initial contract penod 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: 350 YOUV1/ 7S adults "'ote: If adults wi 1I be served, a separate output measure will be included in the contract for those participants Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 7 days after the close of a month of service Target: 9()(}/o Output #3: Youth served under the age of 10 years. Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap fhis 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: 2~% 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: 800/0 Output #6: Completed Satisfaction Questions Indicator: Percent of CYO 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 mitial asset survev. contains the satisfaction questions. Target: 50% Outcome #1: CY D youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated. will be compared to the follow-up (post) Protective Factor survey. Follow- up (post) Protective Factor surveys will be completed Follow-up (post) Protective Factor surveys will be completed between 15 days prior to and 15 days after the four month anmversarv of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first Target: Minimum net 10% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report eYD 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, mdicators and targets are set at the discretion of DFPS and may be changed at at~V time, hut will not be changed without due notice to Fiscal Agents. - .~ - ~....'''lr~" Attachment A-2 STATEMENT OF WORK Sabcontractor Planned Parenthood of South Texas Program Name: Youth Responsibility Program I. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: Planned Parenthood of South Texas (PPST) will provide education, mentoring and recreational activities for 350 youth aged 10- 1 7 with a goal of improving life skills and reducing juvenile violence The programs would be offered at the agency's two offices, 3536 Holly Road, Corpus Christi, Texas 784 15 and 44 I 0 Dillon Lane, Suite 1, Corpus Christi, Texas 7841 5, and at elementary, middle and high schools within 78415. All programs would be voluntary The programs would be provided one on one or in small groups of 15 or less. Five strategies would be offered. Young Men United rhe Young Men United (YMU) project uses the Stay SMART, SMART Leaders model program to provide before and after school activities, support group, and life skills training for young males at elementary (fifth grade) and middle schools in the 78415 zip code The programs are held on the school campuses, and are limited to approximately 15 YOllth per site The curriculum includes a broad spectrum of social and personal competence skills to help youths identity and resist peer and social pressures to smoke, drink, and engage in sexual activity The program includes information, discussion and activities to improve youth's skills in goal setting, decision making, communication, assertiveness and refusal skills, budgeting and planning for employment/college, and building healthy relationships. Topics covered will include taking responsibility for one's actions, peer pressure, bullying, hazing, harassment, coercion, date rape, smoking, alcohol and drug abuse. Health issues covered will include prevention of teen pregnancy, obesity, diabetes, handling stress, coping with change, self-image and self-improvement t\ctivities will include field trips, parent-child events, community service, and graduation recognition SheIhing The She Thing project will provide before and after school life skills training, support group, and activities for female adolescents at elementary (fifth grade) and middle schools in the 78415 ;:ip code The program uses Stay SMART, an "Effective" evidence- based comprehensive drug and sexual activity prevention program. In addition to Stay SMART, the program draws from Girls' Circle, a "Promising" Model program addressing the specialized needs of girls ages 9- 18 that integrates relational-cultural theory (ReT), resiliency practices and skills training to increase personal and collective strengths and competence in girls The Texas Network of Youth Services Model Program report, March 26,2006 by Marla Miller lists Girls' Circle as a HAY evidence-based model out-of-school program. The ten week curriculum-based program includes a broad spectrum of social and personal competence skills to help girls identify and resist peer and social pressures to smoke, drink, -.. and engage In sexual activity. The program includes information, discussion and activities to improve skills in goal setting, decisIOn making, communication, assertiveness and refusal skills. budgeting and planning for employment/college, and building healthy relationships. ActIvities include group discussion and role playing Gender-specific themes and topics are introduced that relate to the girls' lives, such as body image, goals, sexuality, drugs, alcohol, tobacco, competition. decision-making, friendships, and trusting oneself Topics covered will include taking responsibility for one" s actions, peer pressure, bullying, hazing, harassment, fighting, coerCIOn, dale rape, smoking, alcohol and drug abuse Health issues covered will include prevention of teen pregnancy, obesity, diabetes, handling stress, and coping with change. Activities will include field trips, parent-child events, community service and graduation recognition Teen Talk: The Teen Talk program uses the SMART Leaders and Girl's Circle programs referenced above at the high school level, providing weekly after school or lunch time programs on campus for students at Carroll and Ray High Schools. The ten week curriculum- based program includes a broad spectrum of social and personal competence skills to help male and female adolescents identify and resist peer and social pressures to smoke, drink, or engage in delinquent behaviors or sexual activity The program includes information, discussion and activitIes. The program improves youth skills in goal setting, decision making, communication skills. assertiveness and refusal skills, budgeting and planning for employment/college, building healthy relationships, peer pressure, coercion, bullying, hazing, harassment, fighting, date rape, smoking, alcohol and drug abuse. The program specifically focuses on preventing teen dating violence, encourages taking responsibility for one's actions, paternity laws, and child support/costs of childraising. The program also focuses on male responsibility in reducing violence and sexual activity. Health issues covered will include prevention of teen pregnancy, obeSIty, diabetes, handling stress, coping with change, self- image and self-improvement. "-ctivities will include field trips, parent-child events, community service and graduation recognition Baby Think It Over: The Baby Think It Over (BTO) is an infant simulation program that modifies attitudes towards teen pregnancy and parenting. The program consists of 62 hours of "child care" using a computerized doll, two hours of training and parent/child orientation, two budgeting exercises, pre and post tests, and written feedback. The program has been evaluated and lts effectiveness reported in Adolescence, Fall, 2004, "BTIO is an intelligent simulation that assesses student behavior, diagnoses problem-solving performance, and remediates performance deficienCIes Students who use the infant enter a structured, model- based reality in a setting designed to elicit specific, appropriate behaviors. As a training strategy, it allows students to practIce effective behaviors and learn from errors." Adolescents enroll in the Baby Think It Over for the weekend The program is designed to require family involvement, but only the youth participant can care for the "infant". Participants and their parents receive an orientation on household budgeting, child abuse, domestic violence, and positive parenting skills. From Friday evening through Monday morning, the youth take home a Baby Think It Over doll which is programmed to cry when it needs to be cuddled or fed or if mishandled, shaken, abused The BTO doll is equipped with a computer that gives a read-outwat the end of the "parenting weekend" on how often the infant cried, the length of time it cried. and whether it was shaken or abused Special emphasis is placed on raising awareness ~" " '..... of "Shaken Baby Syndrome" (SBS) In addition to learning the physical demands of caring for an "infant. ,- youth must complete two budgets one of general household expenses and one for baby expense~ They keep a diary of the weekend, write a one page feedback form about what they learned from the experience, and participate in a one-on-one feedback session with our educators to give closure to the experience_ A parent must participate in the initial orientation and parents are asked to complete a feedback form at the end of the weekend. The "parenting experience" is used by both parents and by PPST educators to help teens explore their goals. including finishing school, college, job training, and becoming financially independent The program also explores how well the teen tolerated the frustrations of parenting, and helps the teen set a goal for avoiding those behaviors that lead to early parenting Studies show that In addition to increasing knowledge about parenting and parenting skills and raising awareness of most teens' unrealistic expectations about their ability to parent, the program reduced students' belief in the need for corporal punishment (Roberts et al, 2004). "Teaching students parenting skills may be the most cost-effective way to reduce violent and abusive behaviors and prevent the transfer of violent behaviors from generation to generation" The program also increased empathy for the child's needs, and participants demonstrated increased knowledge in more effective and human ways to discipline a child. In addition to providing the BTO program at its two locations, Planned Parenthood's Baby Think It Over dolls are available on loan to school counselors and teachers in the 78415 area to use with their students. in order to maximize the number of youth who have access to the experience Health Literacv, This program is designed to reduce juvenile crime by presenting at-risk behaviors from a health perspective. with a goal of empowering youth to choose healthier lifestyles that reduces their participation in at-risk behaviors and also increases protective factors to avoid victimization The program IS provided to youth on a one-on-one basis. Each participant receives an orientation session in the agency library with an educator to discuss at-risk behaviors_ Based on the teen's history or interest, the teen and educator then select up to 20 pamphlets approved by the Community Education Committee. The topics covered include smoking, chewing tobacco, smoking and sports, drug abuse, prescription drug abuse, steroid abuse, alcohol abuse, drinking and driving, drinking and HIV, bullying, hazmg, harassment. coercion and emotional abuse, date rape, date rape drugs, STDs and HIV, domestic violence, and fighting, along with positive information on communication skills, goal setting. decision making, building healthy relationships with peers and parents, and refusal skills After reading and studying the information, the adolescent provides written narrative feedback (minimum one full page per pamphlet) about what the pamphlet is about, what audience it would be appropriate for, how it should be used, and what its message means to them. After completing the written assignment, they meet with an educator to review what they have learned and discuss the Implications of the risk behaviors studied. Strategies for avoiding at-risk situations are reviewed_ Participants may work at the agency, or take the pamphlets home with them The Health Literacy is recognized by the Agency for Healthcare Research and Quality as an - {, - .......,.... . ~""~ eVIdence-based program that improves the participant's ability to read, understand and act on information about delinquent or at-risk behaviors that have health consequences, with particular emphasis on self-efficacy and motivation. Violence including harassment, date rape, bullying, coercion, hazing, emotional and physical abuse, drug, alcohol and tobacco use are viewed in this context not just as delinquency issues, but as public health issues. The project IS also draws on a SAMHSA Effective Program called Message Framing which shows that communication that emphasizes the benefits of adopting healthier behaviors (gain-frames) that avoid risk are more effective than those that emphasize the costs of not adopting those behaviors (loss-trames). Gain-framed interventions are better accepted by participants both immediately and in longitudinal studies. (http.//modelprograms.samhsa.gov/templatecfcfin)th immediately and in longitudinal studies. s that avoid risk are more effective 2) Lo~ation where services will beJ2[9yided. The two PPST service sites are 3536 Holly Road, Corpus Christi, Texas 78415 (at the comer of Carrot] Lane and Holly) and 441 0 Dillon Lane, Suite 1, Corpus Christi, Texas 78415 (in the Commerce II office park where Ayers and Port divide, across from the Department of Human Services office and behind the Juvenile Justice Center on GolIihar). The Ayers (Dillon) site is centrally located, accessible by bus because there is a large bus transfer station at the entrance to our parking lot, and provides easy access, and the Holly location is accessible by bus and will serve youth in that segment of 78415. Both locations have libraries open to the public and areas where youth can participate in Baby Think It Over and Health Literacy programs and be supervised. Both sites have computer kiosks available to youth so they can research health Issues on the \\ieb. In addition, the Teen Talk, Young Men United, and She Thing Programs will be offered at Carroll High School (Weber Road, 78415), Ray High School (1002 Texan Trail 78411). South Park Middle School (3001 McArdle 78415), Baker Middle School 3445 Pecan (78411), and Kostoryz (3602 Panama 78415) and Central Park (3602 McCardle 78415) elementary schools a) lJwore than one jocatiQ1Li~ utili...zed, list oiher Iocations here: See question #2 above. 3) InQlusive datesof Service: From September L 2006 to August 31, 2007 4) Days and Hours of provided seryj~_es The Teen Talk YMU and She rhing programs are offered at school sites before and after school, providing participants with safe and accessible activities. The Baby Think It Over activities are offered from Friday afternoon through Monday morning. The Health Literacy activities are offered after school, on the weekends and over school vacations, giving youth access to information and programs at times when they might otherwise be unsupervised. Both PPST office sites are open year round The Holly office is open 8:30-5 Monday through Friday, and 8:30-700 p.m. on Thursdays. The Dillon office is open 830-5 on Monday, 8:30-8 on Tuesdays, 8:30-7-00 on Thursday, and 8:30-5 on Wednesdays and Fridays. By providing the Baby Think It Over project as a weekend experience that they complete at home with their parents, the program provides activities for youth on Saturdays and Sundays. The health literacy activities can be completed at the office or taken home. allowing youth to work on their projects both onsite or at home throughout the week I. 5) Number of un duplicated youth toJ)_~$erved/adults to_be served (if applicable): 350 youth/75 adult~ 6 ) Describe the target population. to be served. Youth ages 10 -- I 7 years of age. 7) Describe how this service meets evidence-based requirements as defined in the cm RFP- Addendum. released 05/19/2006 a. The Young Men United proiect uses the Stay SMART and SMART Leaders model program (based on age of participants) rated "Effective" by the OJJDP Model Programs Guide for Delinquency: Prevention It is an after schooVrecreation program that focuses on conflict resolution and interpersonal skills for ages 13 -17. The risk factors it addresses are antI-social behavior and alienation; delinquent beliefs; general delinquency involvement and drug dealing, favorable attitude towards early use of alcohol or drug use and early sexual involvement It follows the OJJDP Model Program Guides for after schooVrecreation and for leadership and youth development programs and the HAY Model Guide for Extended-Service Schools Initiative b. TheShe ThIng proJect also uses the Stay SMART and SMART Leaders model program rate~"Effective" by OJJDP but also draws on Girls' Circle. a HAY evidence-based model program rated "promising" that integrates relational-cultural theory, resiliency practices and skills training to increase personal and collectIVe strengths and competence in girls. The theoretical underpinning of Girls' Circle and the She Thing Program is that a girl's connections with others is a central organizing feature in her psychological makeup. The quality of these connections detennines her overall psychological health, self-image and relationships Within this framework, the model aims to reduce risk factors for delinquent behavior and increase protective factors for resiliency It follows the OJJDP Model Program GUides for after school/recreation and for leadership and youth development programs and the HA Y Model Guide for Extended-Service Schools Initiative. c. The Teen Talk program is the name used for the Young Men United and She Thing proiects offered at the high school level. It uses the SMART Leaders program rated by OJJDP as "Effective" and also draws on the Girls' Circle program rated "promising" by HAY. Researched & Compiled by TNOYS March 26, 2006). The Teen Talk program follows the OJJDP Model Programs Guide for after school/recreation and youth leadership and develop programs and the HA Y Model Guide for Extended-Service Schools Initiative. d. I'he Baby Think It Over program has been evaluated and studies demonstrating its effectiveness published in Adolescense.Fall. 2001. Childhood ~aucation. Winter 2004/2005. and Adolescensu'all, 2004. and Public Health Nurs. 2004 Julv-Aug(4)331-7 Studies concluded that the program is an effective tool for changing attitudes towards early parenting. Sixty-eight percent of students stated program helped them realize how unrealistic their expectations about their abilities to parent had been. Students showed strong increase in knowledge about parenting skills. The program reduced students' belief in corporal punishment--a key to reducing Shaken Baby Syndrome and other child abuse problems. The . ~ - - simulated experiences are a powerful strategy for effective learning about complex decisions regarding the risks of sexual activity and realities of parenting e. The Health ~lteracy program is recognized by the Agency for Healthcare Research and Quality as an evidence-based program that improves the participant's ability to understand and act on information about at-risk behaviors that have health consequences. with particular emphasis on self-efficacy and motivation for behavior change.. The project also draws on the SAMHSA Model Program "Message Framing" which has been proven effective in reducing at-risk behaviors. 8) Describe each goal of the service and/or program. including the impact on juvenile crime: I) Participants 'Will demonstrate a 30% increase in knowledge and awareness of the factors leading to and risks of coercion, abusive relationships, sexual assault, date rape drugs, and the relationship between alcohol & drug abuse and at-risk behavior using post evaluation tools. 2) Participants will demonstrate a 30% increase in awareness of the responsibilities of parenting, including the time and money involved in caring for an infant (household budgeting skills), and the benefits of preventing teen pregnancy. The assessment tools used to measure these outcomes include a pre and post test, a parenting contract, a dairy of parenting actIvities, written feedback (narrative) by participants about the topics, completion of a monthly household budget and Baby's monthly budget worksheet, and a parent evaluation. Prevention approaches that educate youth about a broad spectrum of positive behaviors (based on developmental assets) offer opportunities for protection. The Young Men United, She Thing and Teen Talk programs are OJJDP Model Programs which provide leadership and youth development and after school recreation programs that will reduce or prevent the impact of juvenile crime by helping youth develop competencies that improve their ability to be productive at tasks and activities that others value They will improve students' social skills and self confidence and sense of personal control. give them higher aspirations, improve school attendance ane1 reduce dropout rates, prevent negative influences that lead to risky behaviors. all of which reduces or prevents involvement in risky behaviors, such as drug use, delinquency and violent victimization The programs will provide adolescents with information on the physical, emotional and legal consequences of at-risk behaviors, help them develop interpersonal skills, and offer them support group and access to young adult role models The programs provide before and after school activities in safe environments that will encourage responsibk behavior. A special focus is placed on reducing domestic and partner violence. The program helps young girls and young men identify factors in unhealthy relationships that lead to coercion, emotional and physical abuse, avoid dangerous dating situations that lead to date rape, and develop skills that result In reduced incidence of violence, teen pregnancy 0 alcohol and dmg abuse, and other behaviors that lead to dropping out of school The Baby Think It Over program helps teen understand the consequences of risky behavior that leads to teen pregnancy, encourages positive parenting skills, and helps students recognize how child abuse, neglect and "shaken baby syndrome" can occur. The BTO program also helps young people understand how much money they will need to manage a - .) - "..... household, encouraging them to stay in school and avoid dropping out, which helps prevent a range of juvenile crime Youth who remain in school are less likely to become victims or perpetrators of juvenile crime The Health Literacy program gives youth basic information on a wide range of positive behaviors that reduce risk, along with one-on-one discussion of skills to avoid and/or cope with at -risk situations or problems It includes information on smoking, drugs, and alcohol abuse, hazing, bullying, coercion, stereotyping, rape, date rape, date rape drugs, healthy relationships, obesity, diabetes, teen pregnancy, STDs and illV. By engaging each participant in first written feedback on the risks, and then in one-on-one verbal feedback, the program will assist each adolescent in recognizing their individual exposure to the at-risk behavIOrs which result in juvenile crime, and m making better lifestyle choices based on health and empowerment 9) How.will this s~rvice be available to families without transportation: The Ayers (Dillon) site is centrally located, accessible by bus because there is a large bus transfer station at the entrance to our parking lot, and provides easy access. The Ayers (Dillon) location will draw youth from across the 78415 area The Holly location is not easily accessible by bus, but will serve youth in that segment of 7841 5. 10) Describe the "safe passage" plan for youth/families without transportation: Youth will arrive safely at proposed service sites by bus or car at the Holly Lane Office or by bus or car at the Dillon Lane Office For Young Men United, She Thing or Teen Talk programs which are held before school, during lunch hours, or after school, participants will already be on campus. where they will be supervised by PPST educators until they are picked up by a parent or designated person Off site field trips and activities will be provided only with parental participation, with parents providing transportation. In the Baby Think It Over project, parents and youth must attend the orientation meeting together, so the parent is responsible for transportation. 11) Staffing: Describe the staffing planJor. FY07. including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: Staff and volunteers for the program will be recruited, screened and hired by the Executive Director who has 14 years of experience in hiring and supervising staff. All staff complete a criminal background check and criminal history affidavits and are then screened for criminal background checks, which are renewed every two years All references will be contacted, and no staff person is left alone to supervise a minor without other adults present. Volunteers are held to the same standards as paid staff All staff and volunteers are evaluated after a three month probationary period, and then annually - ] 0 " ....." n. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) ~ ('onsentForm must be explained to every individual participating in every CYD Program. fhis 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. c) ~ 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. Registration forms and Monthly Participant Summary Sheets must be submitted for each menth for which the subcontractor(s) request reimbursement for service/program costs. III. DOCUMENT A TION 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. BILLING REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed belo\\; 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 ofInfonnation to participants registration/consent form - I 1 - ....."... ,,""'. Subcontractor \NiB adhere to the following billing schedule i --_.,.~.- .---.-.....-..-.-....-...'--. ----.-"--.. '~'-'---,...--- EXPENDITURES THROUGH I MONTHLY BILLING DUE DATE I j September 30, 2006 October 7, 2006 I I ! ----"-- _.----- -...,-.--,-- I i October 31, 2006 November 7, 2006 I -.....,,-.---.----.-.-.-"-- ,,-----,_..__._.._~-_.,.~ i I November 30, 2006 i December 7, 2006 I I December 3 \, 2006 I January 7, 2007 ,.._-,---,..._._._- .._~~._-_.,_._._-,._.._.- I January 3\, 2007 I February 7, 2007 f---...,."----.-.--- -.------ -.--,--"". I I February 28, 2007 i March 7, 2007 I I I -.-----..-..-.-. -._--._..-_._---- I I March 3 \, 2007 I April 7, 2007 ........n.__'_""~,_.,.~,._. ..._.,~__._.. ~_._____ '_'~_'__"_ ._ i April 30. 2007 I May 7, 2007 I ~-~~--~-~--- ~"'- i May 3 \, 2007 I June 7, 2007 -'-'~'-'-'---"'-"'-'-" -,--..---.-..-.- , I June 30, 2007 I July 7, 2007 -,"-~--"-""--""-"-'--"- .-.----.--.---- "" i I i July 31, 2007 August 7, 2007 I I --..-....-....-.--.-.-- I i August September I 31, 2007 .__L 7, 2007 -_._.~-_._--_._-- ..-..-'.- ..,--.------ - ---- V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Suhco/ltractor Estimate of FY 2006-2007 Expenditures by June 30,2007, Subcontractor will lose any uncommitted funds in excess of$2,500, subject to reinstatement through the appeals process set out below Fiscal Agent will notify Subcontractor in writing ofthe pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond, If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (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 \vhether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Am excess funds forfeited by any Subcontractor will be used for other CYD programs. - 12 - "B!"'.....:---:.." Stlhedule A - Subcontractor Estimate of FY2007 Expenditures ---------1---- -----~ Month Estimated Exnenditures September 2006 October 2006 $2,475 $2,475 Percent of Total Bud2et 8.3% 8_3% November 2006 $2,475 83% April 2007 May 2007 $2,475 $2,475 $2,475 $2,475 $2,475 8.3% December 2006 January 2007 8.3% February 2007 March 2007 8.3% 8.3% 8.3% $2,475 8.3% June 2007 $2,475 83% August 2007 ___-.1 $2,475 $2,488 8.3% July 2007 8.3% - 13 - .......".,....""""". Attachment B-1 Planned Parenthood Budget Information Forms Contract Period: Sept. I, 2006 - Aug. 31, 2007 Summary Budget FY07 COST CATEGORY TOTAL 1. (A) Personnel - Salaries $22,904.00 (B) Personnel - Fringe Benefits 5,409.00 (C) Personnel - Travel ,., Materials and Supplies .... ~ Equipment -'. 4. Other Costs 1,400.00 TOTAL BUDGET $29.713.00 Cash Match $0.00 In-kind Match $33,940.00 -14- Attachment B-1 Planned Parenthood Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 ( 1 a) Personnel - Salaries FY07 A I B C 0 E F Position or Title Number of Average Full Percent of Number of Cost Staff for Time MontWy Time on Months (BxCxDxE) Position Salary Budgeted Employed (Total) Position EdU4lllltion Director ! I 3,250.00 10% 12 3,900.00 MaI<<Program (YMU Director) I 2,708.00 20% 12 6,499.00 She 'bing Coordinator 1 2,033.00 lO% 12 2,440.00 Heal b. Educator i I 2,135.00 20% 12 5,124.00 HeaJIh Educator i I 2,059.00 20010 12 4,941.00 -.---- I "'"~ I "-..--.---- ..- ,I ! ._- - j I -- -- . TOTAL SALARIES _. Total 22,904.00 ---- -15- ~""":<- Attachment B-1 Planned Parenthood Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31,2007 (lb) Personnel- Fringe Benefits (Employer's Share) FY07 Fringe Benefits Based Fringe Benefits Based on (la) Salaries Paid* on (la) Salaries Paid I alucation Director $806.00 INlaIe Program (YMU) Director 1,348.00 . Thing Coordinator 662.00 :~tb Educator 1,283.00 lItaltb Educator 1,310.00 ~-- ~-_..- roTAL FRINGE BENEFITS ,--, $5,409.00 -16- - Attachment B-1 Planned Parenthood Budget InformationF orms Contract Period: Sept. 1,2006 - Aug. 31, 2007 ( 1 c) Personnel - Travel FY07 Type of Expense (transportation, Purpose (Destination and Total food, 10d2in2, mileale) Benefits to Program) No. $0.00 -- -- - ---- TOtAL TRAVEL =t $0.00 ___-1...__ .17- ~".-"""""'" Attachment B-1 Planned Parenthood Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (2) Materials and Supplies FY07 Description and Basis for Cost Total None $0.00 TOTAL CONSUMABLE SUPPLIES $0.00 -18- - Attachment B-1 Planned Parenthood Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (3) Rental. Lease, or Purchase of Equipment FY07 Method Used Description and Basis for Valuation (lease, rent, purchase, Total etc. ) NOlle $0.00 I TIlT AL RENTAL, LEASE, OR PURCHA~: $0.00 ..19- Attachment B-1 Planned Parenthood Budget Infonnation Forms ( ontract Period: Sept. 1, 2006 - Aug. 31, 2007 (4) Other Costs FY07 DescriDtion and Basis for Cost Total Meeting/activitv suoolies $1,000.00 Printing/ohoto cooies 400.00 ---- .,-. -- --- -- - TOTAL OTHER COSTS - $1.400.00 -20- SUBceNTRACTOR: CONTRACT PERIOD: TITLE: Planned Parenthood of South Texas 09/01/2006 to 08/31/2007 Community Youth Development Program Request No. Reporting Month Attachment B-2 BIIDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST (1) - (2) *City Use Amount Only Requested* Amnt. Paid Amount Budgeted (l)YTD Expended (2) YTD Invoiced personnq - Salanes EducatiOll Director Male Prasram Director She ThiJIg Coordinator Health E4ucator Health B4ucator TOTAL 3,900.00 6,499.00 2,440.00 5,124.00 4,941.00 22.90400 Perso~ - Fnnge Educatioi Director Male P~ Director She Thiag Coordinator Health Educator Health Educator TOTAL 806.00 1348.00 6620(1 L283 00 1,310.00 5.409.00 PersoIm41 - Travel TOTAL 0.00 0.00 Materi~ and Supplies TOTAL 0.00 0.00 Rental, Lease or Purchase of EquiJlllp.ent TOTAL O.ou 000 Other Ofts Meetin~ctivity Supplies PrintingtlPhoto Copies TOTAL 1,000.01 j 400.00 L40000 TOTAL 29,713.0U * Amounts expended cannot exceed amount budgeted I certifY that the expenditures shown above are true and that supporting documentation is attacled to substantiate them Subcontractor's Authorized Signature Date Payment Authorization Signature Date 21 ~""_"'__""4- Attachment B-3 Planned Parenthood BUDGET NARRATIVE Personnel - Salaries, $22,904 Five (5) different staff persons are assigned to work part-time on this Project. The Education Director and She Thing Coordinator will spend 10% of their time each on the project. The Young Men United Coordinator and two health educators will spend 20% of their time on the project. Together, a total of 32 hrs per week are allocated to the CYD program. The Education Director provides direct classroom Programs at targeted schools. The She Thing Coordinator provides She Thing Programs at targeted locations. The Young Men United Coordinator provides YMU programs at targeted sites. The two health educators supervise Baby Think It Over, community service, and Health Literacy participants at the two PPST sites in 78415. By utilizing five part-time staff persons, the program can employ a diverse group of educators from different cultural backgrounds, of different age groups, different genders, and with different specialties. Some are parents, some not, some are college age, some are married and some single. The five staff persons are able to reach a broader range of schools and agencies, and more CYD participants than if the project employed one full time person. In Kind 10% of the Male Research Project Director's time will be spent on CYD activities Personnel - Fringe Benefits, $ 5,409 Fringe benefits are based on the salary expense allocated to the CYD project Education Director Young Men United Dir. She Thing Coordinator Health Educator Health Educator FICA 298 497 187 392 378 W/C lWC 30 39 48 79 26 39 42 79 41 79 Health 349 724 410 661 700 Retmt 90 o o 109 112 = Total 806 1.348 662 1 .283 1.310 = = = = Personnel- Travel, $0 In Kind: $2,640 PPST will assume responsibility for all travel costs which are anticipated to be $2,640 for reimbursing staff for local travel. (5 staff persons x 100 miles per month x 12 months x $.44) - 22 - ~--_._-~ Materials and supplies, $0 In Kind $4,200 PPST will provide $4,200 worth of educational pamphlets and supplies, or $12 per participant ($12 x 350 = $4,200) Equipment, $0 In Kind $7,500 PPST is providing 18 dolls as part of our in kind match. The dolls cost $500 apiece. The total in kind match in equipment is $500 x 18 = $9,000 Other costs, $ 1,400 $1.000 is requested for meeting and activity supplies such as drinks, paper, t- shirts, materials to use during youth meetings, and $400 is requested for printing and photocopying of materials to be used during youth meetings. In Kind $15,000 PPST is providing all facility (rent, maintenance, security) telephone, utility, costs at 2 sites along with liability insurance, accounting and audit expenses for the CYD project. - 23 . '- ~ Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties F or the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. Planned Parenthood of South Texas will hereinafter be referred to as tHe Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SICTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter Ink> 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 helshe 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 (UeFR") Part 92, Office of Management and Budget ("OMS") Circulars A-8?, A-122, A- 110, and 40 Texas Administrative Code (UTAC") 732.240-256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced In this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92. OMS Circulars A-8?, A-122, A-110, and 40 TAC 732.240-256 SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with 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 Swbcontractor the agent, servant, or employee of the Fiscal Agent; employees of Swbcontractor are not employees of the Fiscal Agent; and Subcontractor is solely ..................-." responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERA TJONS 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 and1 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 ;n the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per Attachment A-2 of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract F. Funds under this Contract cannot be earned prior to the first day nor after the last - day of the Contract Period G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department 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 fight to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or ~,~.) ...... unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non-Federal funds. Repayment of Such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-8?, A- 122, A-11 0 40 TAC 732.240-256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal State or local program. D. The Fiscal Agent may Issue a policy directive that shall have the effect of establishing, interpreting. clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the best interest of the Fiscal Agent to do so without the solicitation of additional proposals 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 DepartmenUFiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self-evaluation report within 45 days following the end of the Contract Period. The self-evaluation report should address the ,....... ....'''''' accomplishments of the program/services, the effectiveness of the services provided, and the attainment of output measures, evidence-based performance measures and program goals listed in this Contract. SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, conveyor otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation A non-governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party, Failure by a non- governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liabilitv B. The Subcontractor further agrees to provide statements from Sub-subcontractors signed by an offiCial duly authorized to legally obligate the Sub-subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub-subcontractor who will provide services as part of this Contract. Each Sub-subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub-subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability ~ E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When Issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part With CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete Information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of n - "'IWIIF"""-"'+ 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 related events that could adversely affect the timely performance of this Contract or the date-related operations of any goods, files, or services provided pursuant to It Subcontractor warrants the fault free performance in the processing of date and date-related data by any product developed and delivered to Fiscal Agent pursuant to this Contract Fault-free performance includes manipulation of data with dates prior to; through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four-digit-year elements. Subcontractor further agrees that four-digit-year elements will be used in any electronic data Interchange that may occur With the Fiscal Agent as a result of this Contract. Subcontractor shall not be entitled to additional compensation or additional time to perform these obligations SECTION 14. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W-2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of Non-discrimination complaints that do not allege a violation of the CYD Program may be Initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent SECTION 16. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year-end in accordance with the Single Audit requirements of OMS Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations) A. Subcontractor understands and agrees that it shall be liable for all costs ~ associated with said audit B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent. a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. 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 atter 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. INDEMNIFICATION Ttle Subcontractor shall indemnify and hold harmless the Fiscal Agent afld the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical dJJmage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, ifB officers, agents, employees, representatives, or Sub- SIIbcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of _itten notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious or anti-religious activity, worship, or instruction. SECTION 21. POLITICAL ACTIVITY/LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence In any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116. dated June 15, 1990, and codified at 31 United States Code ("USC") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract Including, but not limited to, the following: 1 Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin. sex, age. physical/mental disability, drug or alcohol abuse or ....' ,..."""..,,,,,, alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2 Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV); 3 Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4 Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5 Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6 If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; -;' Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense Involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years 8 Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TOPRS: 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 com~itted such offenses, the employee or volunteer may again be assigned to direct client contact; provided however. the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph. the employee or volunteer shall not be reassigned to duties InvolVing any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specifiC employee or volunteer and specific misdemeanor charges; 11 Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. ........ SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such partIcipants SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty-eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1 Dishonesty bonding under a commercial crime policy or business services bonding at a $10,000 00 minimum or up to the Contract amount, whichever is greater: 2 Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3 Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non-owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self-certification of such coverage: and 4 Workers' compensation and adequate on-site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on-site medical and accident insurance shall be required for all non-work setting and classroom training activities for .~ participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds. policies, and coverage described above shall be maintained during the entire term of Contract awarded, Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SlCTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT ~RINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1 Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract and 2 Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue In any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice. the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit or proceeding subject to the jurisdiction of the Attorney General of Texas B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non-transferable, irrevocable, paid-up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and In reasonable written detail each notice or claim of patent or copyright Infnngement based on the performance of this Contract of which the Subcontractor has knowledge D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. - E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However. Subcontractor's information mav be subiect to reauired public disclosure under the Texas Public Information Act. Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS AU notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A-1 to this Contract, Statement of Work, Attachment A-2 to this Contract, Budget, Attachment B-1 to this Contract, and Budget Narrative. Attachment B-3 to this Contract, constitute promised performance under this Contract If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein B. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or 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 SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other profeSSional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, I 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. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1 requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2 to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3 to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights, C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party This Contract will be terminated at the end of the 30 day period Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services, The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F, The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in ArtIcle II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as It may be amended. - ._. SICTION 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 r~uirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shell extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract In equity, or under Texas law. .~......T-.,,",* Planned Parenthood of South Texas - 24 - Attachment 0 SUBCONTRACTOR ASSURANCES If awarded funds through the Community Youth Development (CYD) program, the proposer will be required to cerlty the following to be true Has legal authority to operate under state and federal financial assistance, including the managerial and financial 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 under 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. Will 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 01 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 Will 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 Will submit a Self Evaluation Report within 45 days following the end of the contract period. 12 Will 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 information or data related to the contract under award 13 Will 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 Will verify and disclose or cause its em ployees, subcontractors, and volunteers who have any direct contact with 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. Will 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 Will 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, colorlational origin sex disability. age drug or alcohol abuse or alcoholism, 2 3 4 5 6 -, 8 9 16 - Planned Parenthood of South Texas - 25 - 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 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 Will seek advance approval from the City or DFPS tor 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 Will hold the City and DFPS harmless from negligence, misconduct, or other improper actions of offeror's agents. representatives, employees, or subcontractors. 24. Will 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 Will fully comply with all thR terms of the contract award I individually, or as an authorized representative of the organization submitting this proposal, do hereby cert~, warrant, and assure that I have read all assurances and do hereby bind myself and my orgaaization to abide by them. Am;la Stukenbera__ Prin.' Name of Authorized Representative 3/6/06 Date \'-\\,,\ ExeClttive Director Title Planned Parenthood of South Texas. 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 USC, Subsection 1681, at seq.), Section 504 of the ~habilitation Act of 1973 as amended (29 USC, Section 794), Age Discrimination Act of 1975 as amended (42 USC, Subsection 6101-6107), and the Drug Abuse and Treatment Act of 1972 as amended (PL 92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 as amencled (PL 91-616), Public Health Service Act of 1912 as amended (42 USC, 290 dd-3 and 290 ee-3); Office of Management and Budget Circulars A-37. 1\122: Code of Federal Regulations Title 45. - Planned Parenthood of South Texas - 26 - Attachment E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion For Covered Contracts i=ederaf 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, meligibHity. and voluntary exclusion Each covered contractor must also screen each of its covered subcontractors. In this certification "contractor" refers te both contractor and subcontractor .contract" refers to both contract and subcontract. By signing and submitting this certification the potential contractor accepts the following terms The certification herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it is liter determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal 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 The potential contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the potential contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances The words .covered contract: "debarred," "suspended," "ineligible." "participant: "person," "principal," "proposal," and 'voluntarily excluded," 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 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 participation in this covered transaction. unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal departfTlent or agency, and/or the Texas Department of Family and Protective Services, as applicable. Do you have or do you anticipate havim; subcontractors under this proposed contract? Yes No X 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 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 covered subcontractors upon each subcontract's initiation and upon each renewal. Nothing contained In all the foregOing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document The knowledge and information of a contractor is not required to exceed that which is normally possessed bv a prudent person in the ordinary course of business dealings Except 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 T',xas Department of Family and Protective Services may pursue available remedies including suspension and/or debarment :ERTlFICATlON REGARDING DEBARMENT SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS. ndicate in the appropriate box which statement applies to tr18 covered potential contractor: tKI The potential contractorertifies, ty submission of l,hlS certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment declared ineligible, or voluntarily excluded frorn participation in this contract by any federal department or agency or by the State of Texas D The potential contractor IS unable tl' certify to one or more of the terms in this certification. In this instance, the potential contractor must ,lttach an explanation for each ot the abc,ve terms to which s/he IS unabte to make certification. Attach the explanation(s) to this certification. Name of"otential Contractor Vendor 10 No. Or Social Security No. DFPS Contract No. (If applicable) 74-1460204 Planned Parenthood of South Texas, Inc, Name of Authorized Representative r.Ue Signature - Authorized Representive/Oate Executive Director \\fY\crck ~ckr&5 ~J'6 )tJb Amanda Stukenberg -, '"IlilI!IP-~ Planned Parenthood of South Texas - 27 _ Attachment F Certification Regarding Federal LObbying (Certification for Contracts, Grants, loans, and Cooperative Agreements) PREAMBLE Federall.slation, Section 319 of Public Law 101-121 generally prohibits entities from using federally appropriated funds to lobby the executive or legislslve branches of the federal govemment. 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 emptoyee 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 making of any federal grant, X themaklng of any federal loan. X the entering into of any cooperative agreement. and X the extension, continuation renewal. amendment. or modification of any federal contract. grant, loan or cooperative agreement limited UlIe of Appropriated Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own employees with respect to X lialt!on activities with federal agencies and Congress not directly related to a covered federal action; X prcMding any information specifically requested by a federal agency or Congress; X diSQJssion and/or demonstration of products or services if not related to a specific solicitation for a covered action; or X prolessional 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.) Professioftlll and Technical Services - ProfeSSional and technical services shall be advice and analysis directly applying any professional or technical expertise Note that the professional and technical services exemption is specifically limited to the merits of the matter. Other Allowable Activities - The prohibition 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 Othtr Than Federal Appropriations - There I,; no federal restriction on the use of nonfederal funds to lobby the federal government for contracts, grants, and cooperative agreements Applicabilitt' of Other State and Federal Requirements. Neither the government-wide rule nor the law affect either (1) the applicability of cost principles in OMS circulars A-87 and A-122. or (2) riders to the Texas State Appropriations Acts which disallow use of state funds for lobbying. TERMS OF CERTIFICATION This certification applies only to the instant federal action for which the certification is being obtained and is a material representation of fact upon \'\!hich r'-ance was placed vvhen this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352. title 31. U.S. Code. Any person who fails to file the required certification shall be subject a civil penalty of not less than $10.00n and not more than $100.000 for each such failure. The undersigned certifies, to the best of hisJr her knowledge and belief. theft No federWIy 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 any cooperative agreement, or the extension continuation, renewal. amendment. or modification of any federal contract, grant, loan, or cooperative agreement. l.. any fUl!ds other than federally appropnated 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 01 employee of Congress. or an employee of a member of Congress in conneclM1ln 'ofo'ith this federally funded contract, subcontract. subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions, (If needed. contact your Texas Department of Familyafld Protective Services procurement officer ')r 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 (including subcontracts, subgrants, and contracts under grants. loans, and cooperative agreements) and that all covered subrecipients shall certify ani! disclose accordingly 00 you hav."or do you anticipate having covered subawards under this transaction?.......,. ................................. 0 Yes ~ No Name of .-otential Contractor Planned Parenthood of South Texas, Inc. Vendor 10 No. Or Social Security No OFPS Contract No. (If applicable) 74-1460204 Name of Authorized Representative Amanda Stukenberg Tit'e Executive ')irector