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HomeMy WebLinkAboutC2006-420 - 9/12/2006 - Approved CONTRACT (Cover Sheet) TITLE Of CONTRACT: CONTRACT NO Community Youth Development CYD 2007-4 This contract ("Contract") is entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and the foUOIIIWing named Subcontractor: <<;ITY : City of Corpus Chnst; P. o. Box 9277 Corpus Christi, TX 78469-9277 Telephone: (361) 826-3466 FAX: (361) 826-3864 Contact Person: Reba George SUBCONTRACTOR: YMCA of Corpus Christi 417 S. Upper Broadway Corpus Christi, TX 78401 T~ephone:(361)361-882-1741 FAX: (361) 361-882-1427 Contact Person: Guy Nickleson Subco,.-actor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ("CYDj funded by the Texas Department of Family and Protective Services ("DFPS"). This Contract consists of the following attached documents which are . incorpoMted herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work. (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) Subcotttractor agrees to abide by all terms and conditions specified herein, and it certifies that the info~jon provided to the City is true and correct in all respects to the best of its knowfedge, inform_ion. and belief The oIlIgations of the City of Corpus Christi under this Contract are expressly contingent upon the avail.lily of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2006 Through: August 31, 2007 FUNDING OBLIGATION: Not to exceed $ 39,800.00 for FY 2007 for Contract Period stated above. ExecUlled in triplicate, each of which recognized as an original. .ATTEST: Arm~~ City secretary ~Chri~i e e K. Noe City Manager By: Name: Title: Subco....ctor: YMCAof~ op,cvec '* Ie 'arm. . '. .... ...... B : ~ . '~] ---- y " \ .-.;- ., Nam . \. n.....R ~,,~ " _ . Ii "llolo - L-- 0 i ~. IH,*W,.itIe:~~ Dovle D, Curts =',. D t . Q\ ';6"10 ~Istant CtlW'ttt~Cll 7 a e. "'\. -::z., I ~. , _...........~v Sfr,,'" . ~'-7 ,2006; Legal form approved 2006-420 09/12/06 M2006-284 YMCA ~,~" ,..", .............." ...-....-..,."- '........_,,-.......,_.. ....,.,..> 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM YMCA of Corpus Christi TABLE OF CONTENTS Page No. Contract Cover Sheet Table of Contents. .................................... i Contracted Performance Measures (Attachment A-I) . ................................... 1 Statement of Work (Attachment A-2).. ....................................4 Budget Information Forms (Attachment B-1) .. ....................................12 Reimbursement Request Form (Attachment B-2).. .................................... 19 Budget Narrative (Attachment B-3) . . ..................................21 Standard Terms and Conditions (Attachment C). . . . . . .. . . . .. . . .. .. . . .. . .. .. . . . . . .. .. 24 Sections Legal Authority ') Independent Contractor 1 Financial Limitation 4 Liability for Payment .;; Changes and Amendments () Accounting Requirements 7 Record KeepinglReporting Requirements R. Subcontracting ') Publicity lOT echnical Assistance 11 Monitoring and Assessment 1 2 Property 1 } Year 2000 Compliance 14 Taxes I 5 Disputes I () Independent Audit 17 Prevention of Conflicting Interests i 8 Fraud and Abuse Prevention 19 Indemnification 20 Sectarian Involvement Prohibited 2] Political ActivityfLobbying 22 Non-Discrimination and Equal Opportunity 23 Health and Safety Standards 24 Insurance ~---,'~ 2) Debarment and Suspension 26 Notice and Assistance Regarding Patent and Copyright Infringement 27 Disclosure of Confidential Information 28 Communications 2q General Standards of Performance ,0 Fntire Agreement 3 I Contingent on Funding li Trainer Qualifications 33 Termination 34 Force Majeure Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) (, ......-".<-_.~- Attachment A-1 YMCA of Corpus Christi CONTRACTED PERFORMANCE MEASURES ( Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals/objectives. Outcomes relate to behavior, skills, knowledge, attitudes, values, etc. fhe City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2006 thru August 31, 2007. Output #1: Number of youth served Indicator: Number of un duplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be September 1, 2006 through August 31, 2007 for the initial contract period as established through this RFP. Unduplicated means participants will be counted once only during the contract period to determine t his 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: 100 youth lVote: If adults will be served, a separate output measure will be included in the contract for those participants. Output #2: Timeh- submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 7 days after the close of a month of service Target: 90% Output #3: Youth served under the age of 10 years. - 1 - Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual serVIce If the cap is exceeded. those youth may be considered ineligible and costs may be disallowed Target: 25% Output #4: Participants involved in mentoring services Indicator: Percent of youth involved in mentoring services are within the targeted grades (4th 8th) Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey ~ a follow-up (post) asset survey. Only those youth who are mitially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. Target: 80% Output #6: Completed Satisfaction Questions Indicator: Percent of CYD youth that complete the five satisfaction questions at the end of the follow-up (post) asset survey. Note that the follow-up survey, and not the initial asset survey. contains the satisfaction questions. Target: 50%. Outcome #1: CYD youth have increased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow-up (post) Protective Factor survey. Follow- ."") up (post) Protective Factor surveys will be completed Follow-up (post) Protective Factor surveys will be completed between 15 days prior to and 15 days after the four month anniversary of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first Target: Minimum net 10% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that participate in multiple services, one survey should be completed corresponding to the first program service in which they participated. Target: 80% Outcome #3: Non-referred CYD youth Indicator: Percent of CYD youth report not referred to juvenile probation. Target: 95% /Vote: Peljormance memiures, indicators and targets are set at the discretion of f)FPS and may be changed at allY time, but will not be changed without due notice to Fiscal Agents. - 3 - ..... .. .,- Attachment A-2 STATEMENT OF WORK Stlbcontractor: YMCA of Corpus Christi Program Name Youth Leadership 1. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: The YMCA's Youth Leadership Program's (proposed program) purpose is to help teenagers become responsible citizens and future leaders. Youth Leadership is a training program developed to teach high school students life skills and build their self-confidence through mentoring, education and pre-employment training. Social skills are also developed through recreational activities and community service projects. Students from feeder schools (Middle and Elementary) to Carroll High School will be part of the YMCA Youth Leadership Program in that Carroll High School students will become mentors to younger students in grades 4 through 8. Mentoring, activity planning/implementation and leadership skills will be developed while working with younger students. Carroll High School student will be paired with a caring adult Mentor as well. The YMCA's Youth Leadership program will focus on teens 14 - 17 years of age. Students will be paired with a caring adult mentor and be trained to be mentors to younger children as well Recreational activities will be planned by the Youth Advisory Committee assuring that students have fun, socialize in a wholesome environment and experience situations/activities that help broaden their vision for their future. . Mentoring Caring adult mentors will be selected carefully so that each student experiences a positive role model and emulates the mentoring values/techniques with the younger students they will, in turn. mentor . Youth Leadership Every student will be challenged to experience leadership roles Through training and practice students will build self-confidence and develop their own leadership styles. These skills will be put to use in various community projects, educational competitions and events. . Activities Social activities, field trips, special events and service learning projects will give each student the opportunity to put into practice the YMCA values of caring, honesty, respect and responsibility Activities will be planned and conducted by students. Each activity will be evaluated for projected outcomes and student learning. - 4 - ~';....;,- . Education Educational components to include: conflict management; leadership training; the importance of physical well being; teen pregnancy drug, alcohol, tobacco abuse prevention; and how our government works . Employment Preparation Students will receive training in work ethics; preparing for job interviews, responsibilities to the employer and co-workers; proper work attire; writing resumes; and career opportunities. 2) Location where services will be provided: Carroll High School, 5301 Weber, City Corpus Christi, Texas ZIP Code 78411 a) If more than one location is utilized, list other locations here: YMCA of Corpus Christi, 4] 7 S Upper Broadway, CC, TX 7840] 3 ) Inclusive dates of Service: From September 1, 2006 to August 31, 2007 4 ) Days and Hours of provided services Students in the YMCA Youth Leadership Program will meet every day at Carroll High School from 11:45 AM - 1 :30 PM (program orientation; program and service project planning; business professional to speak to students during this time; conflict management training, time management, mentors visits, etc.). Students will also meet once or twice per week after school for YMCA Youth and Government training. Community projects, socials and special events may take place on weekends. Summer program will take place at Carroll High School if approved by the Principal. If Carroll High School is not available. students will meet at another 78415 school site or at the YMCA. Transportation to be determined according to the needs of the students. 5) Number of un duplicated youth to be served/adults to be served (if applicable): 100 youth 6) Describe the target pODulation to be served: Eligible Carroll High School and area students ages 14 -- 17 years of age 7) Describe how this service meets evidence-based requirements as defined in the CYD RFP- Addendum. released 05/19/200(j: The YMCA Leadership program uses five proven components in the prevention of Juvenile Delinquency These components are Leadership and Youth Development skills, Mentoring, Vocational! Job Training, Education and Youth Advisory Committee ICommunity Services. The Four out of five components are model after evidence data base programs that are proven factor that have shown to reduce Juvenile Delinquency among youth from ages 1 0- 17. - .; - .... A. The theoretical context for youth development and leadership programs follows similar logic. Youth development programs are not concerned with why youth commit delinquent acts Rather, the youth development approach is more concerned with the basic needs and stages of youth development than with simply "fixing problems" It seeks to provide youth with skills and social competencies in order for them to be productive and effective at tasks and activities that are valued within legitimate social institutions (e.g., work, family, community) OJJDP see attachment on back. B. Mentoring is a relationship over a prolonged period of time between two or more people where an older, caring, more experienced individual provides help to the younger person as he/she goes through life. Mentoring is one of the oldest forms of prevention and its influence extends across many fields. The clinical mental health field focuses on bonding and the importance of a child feeling connected to a nurturing adult in the early years of life. In the adoption field, the need for attachment is of great importance, while in schools, tutors help support successful educational endeavors. Source from OJIDP see attachment on back. C. Vocational! Job Training is where each student will receive training in: work ethics; preparing for job interviews, responsibilities to the employer and co-workers; proper work attire; writing resumes, and career opportunities. As a result, providing youths with employment opportunities is a common strategy to discourage future delinquency and incarcerations. These strategies can be directed toward several different points in the juvenile justice continuum, including early intervention, residential intervention, and aftercare. This section concentrates on early intervention strategies that are designed as prevention programs either to divert youths from entering the juvenile justice system or to prevent youths from continuing their involvement within the system Source from OJIDP see attachment on back. D. Educational components to include conflict management; leadership training; the importance of physical well being; teen pregnancy; drug, alcohol, and tobacco abuse prevention; and how our government works. These educational opportunities will strengthen the student's ability to handle the daily challenges they face that impact their social, physical and mental well being. Source from OJIDP see attachment on back. E. Youth Advisory Committee and Community Services: Activities are social activities, field trips, special events and service learning projects that will give each student the opportunity to put into practice the YMCA values of caring, honesty, respect and responsibility. Activities will be planned and conducted by the Y AC. Each activity will be evaluated for projected outcomes and student learning. CYD Y AC's programs have not been evidence base tested. However for the past three years that the YMCA have over seen the Y AC it has put together three major projects that have influenced the community. 1. CYD Teen Summit 2. CYD Lead Book writing of young scribes called The View from 78415 3. CYD Spring Festival of 2006 - 6 - 8) Describe each goal of the service and/or program. including the impact on iuvenile crime: ] ) 65% of students will demonstrate improved leadership skills through their participation in Youth and Government District and State competitions. Assessment tool: staff, school counselor and self written evaluation 2.) 50% of students will complete two job interviews. Assessment tool: Job interview check list will be requested from company conducting interviews. The following goals/strategies will reduce the impact of juvenile crime: A. Each high school student will be paired with an adult mentor who will be a positive role model and a friend to listen and advise Measure: When each high school student is paired with an adult mentor. B. High School students will demonstrate leadership skills by the end of the school year. Measure: Leadership training certificates will be maintained in each student's personal file; each student will have experienced at least one leadership role after training was completed. C. Service Learning Projects will teach students the importance of being a part of making their community a better place. Measure: All students will have participated in at least three Service Learning Projects. 9) How will this service be available to families without transportation: Please see response to question # 1 0 10) Describe the "safe passage" plan for youth/families without transportation: Students will meet in designated classroom or approved area at Carroll High School. During school days they will go to classroom at designated program time. Students will always be supervised by Y AC Coordinator when participating in classroom sessions or activities outside of Carroll High School. Field trip transportation will be secured through C.C.I.S.D., local bus service or YMCA van When traveling students will be supervised by the Y AC Coordinator. Every precaution will be taken to assure the safety of all students. 11) Staffing: Describe the staffing plan for FY07, including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: Recruiting stafl and volunteers Public announcements (Help Wanted Ads) through the local newspaper (Corpus Christi Caller Times), YMCA announcement to current YMCA staff Posting job openings at T AMUCC and Del Mar College '7 ...\'creening staif and volunteers Employment/V olunteer application required; Minimum of three (3) reference checks documented; Criminal Background Check; Require First Aid and CPR (Staff); lnterview process Training of staff and volunteers Child Abuse Prevention Character Development YMCA Group Work Characteristics of youth ages 14 - I 7 Transportation policies Supervision training and policies It is standard procedure for any person (staff &/ or volunteers) that apply to work on the CYD Program, to complete (sign) a criminal background affidavit, consent and have a criminal background check search conducted prior to any client contact &/or personal client files and is renewed every two years. The YMCA Community Development Director-- Guy Nickleson, has been employed with the YMCA of Corpus Christi for 13 years Prior to his employment with the YMCA he taught in the Corpus Christi Independent School District for ten (10) years. Mr. Nickleson started the YMCA's High School Youth and Government 12 years ago and has been directly responsible for the success this program has achieved. Mr Nickleson is responsible for staff planning and support - 8 - ...,..,.. ...- n. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) .\ ('on"ient Form must be explained to every individual participating in every CYD Program. This fonn authonzes participation in eYD 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) A Monthly Participant Summary Sheet must be completed for every participant receiving services(s) on a monthly basis. The Monthly Participant Summary Sheet must be submitted monthly to the Fiscal Agent with the monthly billing. R.e@istration forms and Monthly Participant Summary Sheets must be submitted for each meoth 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 below Parks & Recreation Department A TTN: CYD Project Coordinator City of Corpus Christi POBox 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 F onn (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration/consent form - c) _ ~"'- Subcontractor will adhere to the following billing schedule: ._"--~--'--'"- 1 EXPENDITURES THROUGH MONTHLY BILLING DUE DATE I September 30, 2006 October 7, 2006 ~ ---- ~---'-"--'- i October 3 I, 2006 November 7,2006 - , ! November 30, 2006 December 7, 2006 I I December 3 1, 2006 January 7,2007 I I February 7, 2007 I January 31, 2007 i .. I March 7, 2007 ! February 28, 2007 ! I March 31, 2007 April 7, 2007 I ... . -'-- I April 30, 2007 May 7, 2007 I I May 31,2007 June 7, 2007 I i June 30, 2007 July 7, 2007 ! i July 31, 2007 August 7, 2007 i I ! August 31,2007 September 7, 2007 ,. - --------- _. V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor 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 whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. - 10 - "'IIl'I!I.~"'--''''''''' Sciedule A - Subcontractor Estimate of FY2007 Expenditures -- Month Estimated Percent of Total Exoenditures Bud2et September 2006 $3,41100 8.6% ---. October 2006 $3,236.00 8.1% November 2006 $3,200.00 8.0% December 2006 $3,332.00 8.4% January 2007 $3,236.00 8.1% February 2007 $3,266.00 8.2% March 2007 $3,266.00 8.2% April 2007 $3,236.00 8.1% _. May 2007 3,536.00 8.9% June 2007 $3,236.00 8.1% July 2007 $3,236.00 8.1% August 2007 $3,60900 9.1% - 11 - ......'-.'- ~c,....,'...- Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 Summary Budget FY07 COST CATEGORY TOTAL l. (A) Personnel - Salaries $30,081.00 (B) Personnel - Fringe Benefits 6,442.00 (C) Personnel - Travel 1,878.00 2. Materials and Supplies 0.00 3. Equipment 0.00 4. Other Costs 1,399.00 TOTAL BUDGET $39_800.00 Cash Match $0.00 In-kind Match $0.00 -12- Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (1a) Personnel- Salaries FY07 A B C D E F Position or Title Number of Average Full Percent of Number of Cost Staff for Time Monthly Time on Months (BxCxDxE) Position Salary Budgeted Employed (Total) Position Y AC Coordinator 1 3,342.43 75% 12 30,081.00 TOTAL SALARIES Total 30,081.00 -13- .~...,"..... Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (1 b) Personnel- Fringe Benefits (Employer's Share) FY07 Fringe Benefits Based Fringe Benefits Based on (Ia) Salaries Paid1t on (Ia) Salaries Paid FICA 765% 2302.00 strrA 0.384% 115.00 W(>rker's Compensation 3.48% 1047.00 Rlltirement 6.7% 2016.00 Htalth Insurance 962.00 'OOT AL FRINGE BENEFITS $6,442.00 -14- - .- Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. I, 2006 - Aug. 31, 2007 (Ie) Personnel- Travel FY07 Type of Expense (transportation, Purpose (Destination and Total food, lodging, mileale) Benefits to Program) LocIl mileage Travel to Carroll High School $1,495.00 Per Diem TNOYS Conference $108.00 ILodIing TNOYS Conference $170.00 Tr ation TNOYS Conference $105.00 , I TOtAL TRAVEL $1,878.00 -15- Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contrac1 Period: Sept. 1,2006 - Aug. 31, 2007 (2) Materials and Supplies FY07 Descri tion and Basis for Cost TO AL CONSUMABLE SUPPLIES -16- ....""............- Total $0.00 0.00 0.00 $0.00 Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (3) Rental, Lease, or Purchase of Equipment FY07 Method Used Description and Basis for Valuation (lease, rent, purchase, Total etc.) Noae $0.00 T<lrAL RENTAL, LEASE, OR PURCHASE $0.00 -17 - ~,,;-...-.,,- ~:.-..:.,-, Attachment B-1 YMCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (4) Other Costs FY07 Description and Basis for Cost Total Telephone Expense Yac Coordintor Pa2er $104.00 Y AC Coordinator cell phone 450.00 YMCA Van Operational cost Gas 120.00 Posta.e,e 175.00 Criminal Background checks 300.00 Liabilitv Insurance 250.00 TOTAL OTHER COSTS $1,399.00 -18- SUBCONTRACTOR: CONTRACT PERIOD: TITLE: YMCA of Corpus Christi 09/01/2006 to 08/31/2007 Community Youth Development Program Request No. Reporting Month ATTACHMENT B-2 BIJDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST t\mount (l)YTD Budgeted Expended Personnel - Salaries Y AC Coordinator 30,081.00 TOT AL 30,081.00 Personnel - Fringe FICA 2,302.00 SUTA 115.00 Worker's Comp 1,047.00 Retirement 2,016.00 Health Insurance 962.00 TOTAL 6,442.00 persoIll14f - Travel Local Mileage 1.495.00 Per diem 108.00 Lodging 170.00 Transpoltation 105.00 TOTAL 1.878.00 Materialt and Supplies Office supplies 0.00 Training supplies 0.00 CornrnUDity Service Supplies 0.00 TOTAL 0.00 Rental, Lease or Purchase of EquiRflent 0.00 TOTAL 0.00 Other CQlits Pager 104.00 TelephOlle 450.00 YMC A Van Operational Costs I 20 00 Postage 175.00 Criminal Background Checks 100.00 Liability Insurance 250.00 TOTAL 1.399.00 TOTAL 39,800.00 (2) YTD Invoiced (1) - (2) Amount Requested* *City Use Only Amnt. Paid * Amounts expended cannot exceed amount budgeted. 19 ~~.""" I certifY that the expenditures shown above are true and that supporting documentation is attached to substantiate them Subcontractor's Authorized Signature Date Payment Authorization Signature Date 20 ~..._"....... Attachment B-3 YMCA of Corpus Christi BUDGET NARRATIVE 16) Personnel- Salaries - $30,081 YMCA Y AC Coordinator Salary: 40109.11 X 75% = $30,081 1 b) Personnel- Frinoe Benefits (Emoloyer's Share) - $6.442 FICA 7.65% of 30,081 = $2,302 SUTA 0.384% of 30,081 = $115 Worker's Compensation 3.48% of 30,081 = $1,047 Retirement 6.7% of 30,081 =$2,016 Health Insurance = $962 1 c) Personnel - Travel (mileaae. food. lodaina) - $1.878 Local mileaae - $1.495 Travel to Carroll High School for 48 weeks during the school year 3360 miles X $O.445per mile = $1.495 Out-of-town mileaae No mileage here. Texas Network of Youth Services State Conference Per diem: 1 staff x $36 x 3 days = $108 Lodging: 1 staff x $85/night x 2 nights = $170 Transportation: 3 days x $35 = $105 2. Materials and Suoolies - $0 Office supplies: new program start-up supplies (paper, folders. pens, etc...) Training supplies: YMCA Youth & Government Leadership manual and presentation materials (newsprint, videos, etc...) Community Service Project supplies Community Service Projects to include but not limited to: Painting over graffiti; beach clean up; parks trash pick-up; reading to children at Driscoll Children's Hospital; Easter egg hunts for underprivileged children; games & singing at nursing homes and Senior Centers. - 2 I - 3. Rental. Lease. or Purchase of EQuipment - $0 None 4. Other Costs - $1.399 Telephone expense. YMCA YAC Coordinator - pager $11.50/month X 12 months = 138 X 75% = $104 (75% of total cost is requested for reimbursement) YMCA YAC Coordinator - cell phone $50/month X 12 months = $600 x 75% = $450 (75% of total cost is requested for reimbursement) BusNan Rental: YMCA Van operational cost (gas, oil, etc".) 4 projects, $120 Postage: Newsletters and misc. mailings, $175 State competition, $0 Criminal background checks (adults & H. S. Student Mentors), $300 (100 H. S. Students & 50 Adult Mentors) $21per Background Check X 150 = $300 Liability Insurance, $250 In-Kind Match: Office space, furniture, copier, computer, printer, telephone, Reception staff, Custodial, YMCA Fitness Specialist, and YMCA facility use $ 12,000 YMCA Youth Membership for 100 H.S. Students $25/per month X 12 months X 100 students = $30,000 $30,000 Student food while at District & State Competitions District: 50 students X 6 meals X $5 per meal = $ 1,500 State 50 students X 12 meals X $ 5 per meal = $ 3,000 LQdaina District competition: 1 night X 1 staff plus 2 volunteers 3 X $85 per night One State competition: 3 nights X 3 staff/volunteers 9 X $85 per night Students District 13 rooms x 85 x 1 night State competition 8 rooms x 85 x 3 nights $ 255 $ 765 $ 1,105 $ 2,040 - 22 - ~". Students 50 X $15 x 1 Day District meet Students 30 X $15 x .3 Days State meet $ 750 $ 1,170 Food YMCA Y AC Coordinator Statewide Meetings DistrictYouth & Government in San Antonio 36 x 2 days x 3 = State YMCA Competitions Austin Tx. $36 X 4 days = 144 X 3 (staff & volunteers) $ 72 $ 432 Students benefit bv attendinG district and state competitions: Students will participate in District and State Competitions allowing students to demonstrate leadership, debate, and knowledge on government, marketing/media skills and organizational skills learned through YMCA Youth Leadership Program. Students qualifying at District level go on to State competition. Students will loose an important part of the YMCA Leadership program with out funding. Health Insurance $ 3,354 Total In-Kind Match $56.443 - 2 j - -;,,,.,,,,,,,,-~"\lil!' Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. YMCA of Corpus Christi will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person siGning this Contract on behalf of Subcontractor hereby warrants that he/she has been fully authorized by Subcontractor to execute this Contract on "behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations (UCFR") Part 92, Office of Management and Budget (UOMB") Circulars A-a7, A-122, A- 110, and 40 Texas Administrative Code ("TAC") 732.240-256 as applicable and amended In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMS Circulars A-87, 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 S.bcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely ~.-',.".. responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL UMITA TIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance With the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent E. Invoices must be submitted at least once a month as set forth in the Payment Schedule as per Attachment A-2 of this Contract. Failure to comply with this requirement will result in a delay in payment and will be subject to the provisions concerning changes and amendments in this Contract F. Funds under this Contract cannot be earned prior to the first day nor after the last ....".'..,."-- ~. day of the Contract Period. G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. I. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 7th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1 F or transfers between line items for any dollar amount. lack of prior approval in these instances will be grounds for nonpayment of the item or items involved: 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense/cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. SECTION 4. LIABILITY FOR REPAYMENT A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part, to protect the integrity of funds or to ensure proper operation of programs, provided Subcontractor is given prompt notice and the opportunity for a hearing within thirty (30) days from such suspension. B. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or - / (" ~-,...,........ unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non-Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SlCTtON 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMS Circulars A-8?, A- 122. A-110, 40 TAC 732.240-256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of 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 (UDHHS"), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five (5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigatIon, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the DepartmenVFiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. E. Subcontractor shall submit a self-evaluation report within 45 days following the end of the Contract Period. The self-evaluation report should address the - ~~ R ~....~.,-_. - accomplishments of the program/services, the effectiveness of the services provided, and the attainment of output measures, evidence-based performance measures and program goals listed in this Contract. SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, conveyor otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation A non-governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non- governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability B. The Subcontractor further agrees to provide statements from Sub-subcontractors Signed by an offiCIal duly authorized to legally obligate the Sub-subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A Similar statement must be signed by each Sub-subcontractor who will provide services as part of this Contract Each Sub-subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub-subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D. Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. - 29 - ........... ,,".' 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 - 3D - 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 2* 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, S.ction 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 'Nhatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non-discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SlCTION 16. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Sttbcontractor's fiscal year-end in accordance with the Single Audit requirements of 0118 Circular A-133 (Audits of State, Local Government, and Non-Profit Organ izations). A. Subcontractor understands and agrees that it shall be liable for all costs - 3 i - "".....--....... 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 wilf be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub-Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 17. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid sItuations that give an appearance or suggestion that any decision was influenced by prejudice, bias. special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his/her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shalf 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 4 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 TIle Subcontractor shall indemnify and hold harmless the Fiscal Agent aIId the Department, their officers, agents, representatives, and .,ployees, from and against any and all claims or losses for physical camage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, i. officers, agents, employees, representatives, or Sub- Sflkontractors. In the event of loss, damage, or destruction of any PI'Operty due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of - 3 .......'...-.,"*" 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 tlllriften 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 - 36 - ~,....,....... 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 H1V); 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 Jimit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6 If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7 Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8 Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TOPRS 9 All applicable standards, orders, or regulations issued pursuant to the Clean - " "...".,...-, Air Act, 42 use 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10 Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties Involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11 Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended: 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. ~,..~- 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 $10,00000 minimum or up to the Contract amount, whichever is greater; 2 Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3 Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non-owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self-certification of such coverage. and 4 Workers' compensation and adequate on-site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on-site medical and accident insurance shall be required for all non-work setting and classroom training activities for - 39 - 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. AU 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 - 4 Ii - ~,.,....... certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT !MFFtINGEMENT 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 infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any al/eged 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. - 4 .....,...".'- 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 irformation may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However. Subcontractor's information may be subiect to reauired public d.closure under the Texas Public Information Act. Chaoter 552 of the Texas Gc>vernment Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (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. - 42 ........_m__ SECTION 31. CONTINGENT ON FUNDING This Contract is at all tImes contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALlFICA nONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors" trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. c. Subcontractor agrees and understands the performance of work proposed" negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. 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 - 43 -- this Contract 8. 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. - 44 - ~.,._,- SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, coUect 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. - 45 - ~""__O"" 78415 CYD, RFP 2007 - Page 16 Attachment 0 SUBCONTRACTOR ASSURANCES If awarded funds through the Community Youth Development (CYD) program, the proposer will be required to certify the following to be true: Has legal authority to operate under state and federal financial assistance, including the managerial and financial capacity to ensure proper administration, planning, and completion of service provisions. 2 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 3 Has no outstanding debts that could result in lien(s) or levy(s) placed on payments made by DFPS or the City under the proposed contract. . 4 The Subcontractor staff or governing authorities have not participated in the development of specific criteria for award of contract and will not participate in the selection process for award of contract. 5 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 6 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 of award. 8 Agrees to comply with regulations policies, and procedures specified by the City, DFPS, DHHS, and other governing agency concerned regarding particular programs or services for contract award; including refraining from any conflicts of interests or improper uses of funds awarded. 9 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 Wdl cooperate fully with the City, DFPS, DHHS, or other governing agency concerned in any reporting, monitonng 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 IMfI verify and disclose, or cause its employees, 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 ant/or volunteers who have direct contact with CYD partiCipants 15 Will have wntten plans for the handling of client complaints and grievances by the effective date of the contract. 16 WtI 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 Wit comply with applicable federal and state laws, executive orders, regulations, and policies governing this contract; including complying with federal statutes providing in part that no persons in the United States shall, on the grounds of race, color national origin, sex, disability, age, drug or alcohol abuse or alcoholism, political beliefs or religion be excluded from participation in or denied any aid, care, service or other benefits provided by federal or state funding or otherwise be subjected to discrimination; and further agrees to comply with Health and Safety Code Section 85 113 relating to work place and confidentiality gu!delines regarding AIDS and HIV .~...._"".,.. 78415 CYD, RFP 2007 - Page 17 and the Public Health Act of 1912 as amended regarding confidentiality of alcohol and drug abuse patient records; and to comply with Title 40 Chapter 73, of the Texas Administrative Code, pertaining to social services and assistance. * 18 Will adhere to generally accepted accounting standards and DFPS and DHHS directives for fiscal management of federal and state financial assistance, will comply with Office of Management and Budget circulars; will not supplant local funds with federal funds or apply funds awarded for the contract to other federally or state funded programs 19 Certifies that no federal or state financial assistance or contract award or renewal of contract award has been terminated or denied for noncompliance with policies or regulations of any state or federally funded program within the past five years; nor is the offeror currently prohibited from contracting with a government agency. 20 Certifies that no funding under this subcontract will be used to influence the outcome of elections or the passage or defeat of any legislative measures. 21 Will maintain records and information as required by DFPS under contract terms for a minimum of five (5) years or until resolution of any audit exception, litigation, or outstanding issues; and will make available at reasonable times, places, and for reasonable periods, records, books, and supporting documents pertaining to services provided for inspecting, monitoring, auditing. or evaluating by the City, DFPS or DHHS personnel or their representatives. 22 Will seek advance approval from the City or DFPS for any subcontract awards and will have written requirements with the Subcontractor to comply with the same terms as the City of Corpus Christi (City) in adhering to generally accepted accounting standards, state and federal laws and regulations, and DFPS, ~HS, 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 \/ViII fully comply with all the terms of the contract award I indivtdually, or as an authorized representative of the organization submitting this proposal, do hereby certify" warrant, and assure that I have read all assurances and do hereby bind myself and my organization to abille by them. 3-d&,,-00 Cu j(ek pS~Y\ Print. N me of Authorized Representative ,r-.. f\ Cu M MU 11, -tr L J2v/ <-tv ,~ ~ ~M. +- J)'4. c.ch( Title t.(~f( < Full egal Name of Organizati fl1 (1+ D F 1l( {:A~~ or Agency 17 {<.JoZ-r't *The fallowing 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, et seq.), Section 504 of the Rehabilitation Act of 1973 as amended (29 USC, Section 794), Age Discrimination Act of 1975 as amended (42 use, Subsection 6101-6107), and the Drug Abuse and Treatment Act of 1972 as amended (PL 92-255), the Comprllhensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 as amended (PL 91.f16), Public Health Service Act of 1912 as amended (42 USC, 290 dd-3 and 290 ee-3); Office of Managtment and Budget Circulars A-37, A-122 Code of Federal Regulations Title 45. ..............0_ 78415 CYD, RFP 2007 - Page 18 Attachment E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion For Covered Contracts Federal Executive Order 12549 reqUires the Texas Department of Family and Protective Services (DFPS) to screen each covered potential contra(:tor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, Ineligibility, and voluntary exclusion Each covered contractor must also screen each of its covered subcontractors. In this certification "contractor" refers to both contractor and subcontractor. "contract" refers to both contract and subcontract. By signing and submitting this certification the potential contractor accepts the following terms The certification herein below is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later determined that the potential contractor knowingly rendered an erroneous certification, in addition to other remedies available to the fwderal government, the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, or the Texas Department of Family and Protective Services, may pursue available remedies, including suspension and/or debarment 2 The potential contractor shall provide Immediate written notice to the person to which this certification is submitted if at any time the pOtential contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed cift:umstances 3 The words "covered contract," debarred," "suspended," "ineligible," "participant," "person," 'principal," "proposal," and "voluntarily elCluded." as used in this certification have meanings based upon materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549 Usage is as defined in the attachment. 4 The potential contractor agrees by submitting thiS certification that, should the proposed covered contract be entered into, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from p.-ticipation in thiS covered transaction, unless authOrized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Department of Family and Protective Services, as applicable Yes_ No ~ Do you have or do you antiCipate havin~i subcontractors under this proposed contract? 5 The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding Debarment, Suspension. Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts; and in solicitations for all covered subcontracts 6 A contractor may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded frORl 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 Noehing contained In all the foregOing shall .be construed to require establishment of a system of records in order to render in good faith the cemtication required by this certification document. The knowledge and information of a contractor is not required to exceed that which is notmally possessed by a prudent person in the ordinary course of business dealings. !3 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 Texas Department of Family and Protective Services may pursue available remedies Including suspension anc'or debarment CERTIFICATION REGARDING DEBARMEN1 SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS. Indicate in the appropriate box which statement applies to the covered potential contractor ~ potential contractor certifies, by submiSSion of thiS certification, that neither it nor ItS principals is presently debarred, suspended, proposed for debarment declared ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas o The potential contractor IS unable to certify to one or more of the terms in this certification. In this instance, the potential contractor must attach an explanation for each of the abo'/e terms to which s/he is unable to make certification Attach the explanation(s) to this certification. Name offlotential Contractor Cl,,) (f l.!;; C__IA I,' <;-f-I Me 1\ t> Pi{ ~ C~ Ct 5-f(}. Vendor 10 No. Or Social Security No. ~J.{-I~ II to '? 0 DFPS Contract No. (If applicable) Gv / - (I.e S 6 Ii, Title C.c f1.( n-, U J\ : /1 UC~'-(6/t/11eA f o.aec'1o L Name of Authorized Representative ~._~- 78415 CYD, RFP 2007 - Page 19 Attachment F Certification Regarding Federal Lobbying (Certification for Contracts, Grants, Loans, and Cooperative Agreements) PREAMBLE Federal Mljgislation, Section 319 of Public Law 101-121 ~enerally pro~ibits entitie~ fr~ using federally ~ppropri.ated fu.n~~ to lobby the executive or legislltive branches of the federal government. Section 319 specifically reqUires disclosure of certain lobbYing actIVIties. A federal government- wide rule, "New Restnctions on LobbYing," published in the Federal Register, February 26, 1990, requires certification and disclosure in specific Instances and defines terms Covered Awards and Subawards - Contracts, grants, and cooperative agreements over the $100,000 threshold need (1) certifications, and (2) disclosures, .f required (See certification term number 2 concerning disclosure) Lobbying - To lobby means "to Influence or attempt to influence an officer or employee of any agency (federal), a member of Congress, an officer or el1"lPfoyee 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 the making of any federalloan, 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 liaison activities with federal agencies and Congress not directly related to a covered federal action; X providing any information specifically requested by a federal agency or Congress; . X discussion and/or demonstration of products. or services if not related to a specific solicitation for a covered action; or X professional and technical services in preparing. submitting or negotiating any bid, proposal or application for a federal contract, grant loan or cooperative agreement or for meeting legal requirements conditional to receipt of any federal contract, grant, loan or cooperative agreement. (The prohibition also does not apply to such services provided by nonemployees for the same purposes.) ProfessiOltaI 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 Allewable 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 Other Than Federal Appropriations - There IS no federal restriction on the use of nonfederal funds to lobby the federal government for contracts. grants and cooperative agreements Applicabill.ty 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-8? and A- 122. or (2) nders to the Texas State Appropriations Acts which disallow use of state funds for lobbying. . TERMS OF CERTIFICATION ThiS certiflCltion applies only to the instant federal action for which the certification is being obtained and is a material representation of fact upon which rtliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and 'lOt more than $100,000 for each such failure The undersigned certifies, to the best of his or her knowledge and belief, that 1. No fed_lIy 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 Congrecss 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 2 If any f\,mds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer Of employee of any agency member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with thiS federally funded contract subcontract. subgrant, or cooperative agreement, the undersigned shall complete and submit Standa!t Fonn-LLL. 'Disclosure Form to Report Lobbying," in accordance with its instructions (If needed, contact your Texas Department of Family and Protective Services procurement officer or contract manager to obtain a copy f Standard Form-LLL.) 3 The un.rsigned shall reqUire that the language of this certification be Included in the award documents for all covered subawards at all tiers (lncludi,.. subcontracts. subgrants. and contracts under grants. loans. and cooperative agreements) and that all covered subrecipients shall certify aftd disclose accordingly ,.....-, ~ Do you ha", or do you anticipate having covered subawards under this transaction?.......................................... 0 Yes ~o Name of'otential Contr~to 6 f f~ j' L- tt'E;4; DFPS Contract No. (If applicable) I'Y' C \\. cft t t';>t-i1 ame of Authorized Representative / l" ;\) }\ Ck ) .pS l. ~_____