The URL can be used to link to this page

Home My WebLink AboutC2006-421 - 9/12/2006 - Approved CONTRACT (Cover Sheet) TITLE OF CONTRACT CONTRACT NO.: Community Youth Development CYD 2007-5 This centract ("Contracf') is entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and the folowing named Subcontractor: gry: City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469--9277 Telephone: (361) 826-3466 FAX: (361) 826-3864 Contact Person: Reba George SUBCONTRACTOR: YWCA of Corpus Christi 4601 Corona Dr. Corpus Christi, TX 78411 Telephone: (361) 361-857-5661 FAX: (361) 361-857-0254 Contact Person: Nancy Wesson-Dodd Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the COmmunity Youth Development Program ("eYe") funded by the Texas Department of Family and Protective Services ("DFPS"). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) Statement of Work (Attachment A-2) Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) SubCClfltractor agrees to abide by all terms and conditions specified herein, and it certifies that the info"""tion provided to the City is true and correct in all respects to the best of its knowledge, info~tion, and belief. The alWigations of the City of Corpus Christi under this Contract are expressly contingent upon the avai"illty of funds for such purpose under the funding sources: CONlRACT PERIOD: From: September 1,2006 Through: August 31,2007 FUNDING OBLIGATION: Not to exceed $ 50,000.00 for FY 2007 for Contract Period stated above. Exec.-ed in triplicate, each of which recognized as an original. ATTEST: ArmelitJ~ City SlIacretary Legalform approved q-7 ,2006; Subcontractor: YWCA of Corpus Christi ~Pl> v _ as ':C ~rAm '7 , Ii By: :;e;~' By: {1M"",," 1" ~~ ~ Name: .. fmr-h -7Yr.-' Name:/'V{{C~' ') ~ /,f Tille: '" Doyle D, Cu'rtls ~ ~,) 9E-;'~. Tille: r ,,' rl" ';",do< .....stant G;~'-;;~Cl~:=-7 0 Dele:",)" k, . .~;.;;,..~"O~_ ,___"' _~_, YWCA 2006-421 09/12/06 M2006-285 .-~. -.........".-, ..-.,...''"'..........--..,,,,..:.:=..,,;>. ~ , --.---.- 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM YWCA of Corpus Christi TABLE OF CONTENTS Contract Cover Sheet Table of Contents. . Page No. .................................... i Contracted Performance Measures (Attachment A-I) ..... .................................... 1 Statement of Work (Attachment A-2).... . Budget Information Forms (Attachment B-1) Reimbursement Request Form (Attachment B-2) ... Budget Narrative (Attachment B-3) ...... Standard Terms and Conditions (Attachment C). . Sections 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18. 19. 20. 21. 22. 23. 24. .........';0........ Legal Authority Independent Contractor Financial Limitation Liability for Payment Changes and Amendments Accounting Requirements Record KeepinglReporting Requirements Subcontracting Publicity Technical Assistance Monitoring and Assessment Property Year 2000 Compliance Taxes Disputes Independent Audit Prevention of Conflicting Interests Fraud and Abuse Prevention Indemnification Sectarian Involvement Prohibited Political ActivityfLobbying Non-Discrimination and Equal Opportunity Health and Safety Standards Insurance ....................................4 .................................... 12 .................................... 19 ....................................20 . .. . . . . .. . .. . . .. . .. .. .. . .. .. .. .. .... 23 ~"...-<- 25 Debarment and Suspension 26 Notice and Assistance Regarding Patent and Copyright Infringement 2 7 Disclosure of Confidential Information 28 Communications 29 General Standards of Performance 3 0 Entire Agreement 3 I Contingent on Funding 32 Trainer Qualifications 33 Termination 34 Force Majeure Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) 11 -~'--,-- Attachment A-1 YWCA of Corpus Christi CONTRACTED PERFORMANCE MEASURES (Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, the number of clients served, number and types of services, etc. Outcome measures demonstrate performance in terms of the quality and impact of services and whether or not they have met intended goals/objectives. Outcomes relate to behavior, skills, knowledge. attitudes, values, etc. The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2006 thru August 31,2007. Output #1: Number of youth served Indicator: Number of un duplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database, which will be 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 this output. regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time s/he receives a service during the contract period. Any participant who was registered and counted in previous years must be counted again when s/he receives her/his first service during the new contract period. Target: 300 youth; 90 adults Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 7 days after the close of a month of service Target: 90% Output #3: Youth served under the age of 10 years Indicator: Percent of youth under the age of 10 years served does not exceed the contracted percentage cap. This cap must be met each month by each individual "!IIlIIIIIi""""'- 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 lndi~ator: Percent of youth involved in mentoring services are within the targeted grades (4th -- 8th). Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow-up (post) asset survey. Only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the 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 eYD 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 F actor surveys will be completed between 15 days prior to and 15 days after the four - :2 - """"""",-,.,~.- month anniversary of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first. Target: Minimum net 1 0% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report CYD services had a positive impact. For youth that participate in multiple services, one survey should be completed corresponding to the first program service in which they participated. Target: 80% Outcome #3: Non-referred CYD youth Indicator: Percent of eYD youth report not referred to juvenile probation. Target: 95% Note: Performance measures, indicators and targets are set at the discretion of DFPS and may be changed at any time, hut will not he changed without due notice to Fiscal AKents. - 3 - Attachment A-2 STATEMENT OF WORK S.bcontractor: YWCA of Corpus Christi Program Name: YW-Teens Year-Round Programming I. SERVICES TO BE PROVIDED 1 ) Describe the service to be provided in detail: This program addresses the need to reach individual girls before their environments overwhelm them with negativity. They need desperately to see and feel success and to experience the one-on-one attention from adults that gives them the desire to set goals and meet them. In order to reach as many girls as possible, at as deep a level as possible, the YWC A YW - Teens Program has four phases First, the YW-Teens groups are year-round, weekly events (plus two Saturdays per month) for 5th-grade girls that emphasize psychosocial skills rather than strictly educational and/or arts & crafts programs, like those of the host settings (78415 schools). The YW-Teens Clubs assist girls in developing healthful lifestyles so they can achieve their full potential as productive, self-sufficient adults. Preventive in nature, the Clubs allow us to reach at-risk girls before they make major life-shaping decisions, or as they try to make the best of the life path they have already begun. The curriculum focuses on self-awareness, communication, decision- making, group interaction, manners and etiquette, maintaining a healthy body, leadership development, community service, peer pressure and socialization. The Saturday sessions are two-hour swim times when we "immerse" the girls in all phases of the program, including good timesl Twice a year we have an all night lock-in for the girls as well. YW-Teens is for all girls of the appropriate age/grade and is not to be used as a reward or punishment by YWCA staff or staff in the host settings (78415 schools) Second, the YW-Teens Leadership Camps are intensive, one-week workshops for girl's ages 10- 12 designed to teach young girls group dynamics, leadership skills and multi-cultural communications skills The YW - Teen Leadership Camp provides the girls (during June, July, and August) the opportunity to learn how to establish short and long-term goals and the steps it takes to be successful in achieving their goals; express their own creativity; open their eyes to their strengths, personal qualities and values; learn how to be a leader in a tough world; explore continuing education choices and career options Throughout the workshop special speakers and community leaders, who have overcome the same obstacles the girls face, relate their stories and encourage the girls to reach higher with greater confidence. The workshop culminates in a moving graduation ceremony in which each girl's strengths are listed, read aloud, and printed on her graduation certificate. The third portion of the YW-Teens Program is the YW-Teens Transition groups. This fourteen week curriculum is designed to reinforce the skills and knowledge the girls attained - 4 - during Leadership Camp and YW- Teens groups. Additionally the curriculum addresses time management, study tips, and personal responsibility. Open to all 6th grade girls who are moving into Middle or Junior High School, the curriculum stresses the importance of maintaining a sense of self in an environment fraught with the dangers of violence, drugs, abandonment, poverty and illiteracy. In the YW- Teens Leadership Camp, many of these girls have had the opportunity to witness ti.rst-hand the benefits of education, self-esteem, personal drive and mentors The Transition Course strengthens these skills and insights to help the girls deal with their challenges while making the transition to their new school. This phase is culminated with an all night lock-in at the YWCA to celebrate the achievements. The fourth phase is the YW Families and Their Futures program. This program assists parents, especially those of 5th and 6th graders, to improve their communication techniques with their children when having to discuss sensitive topics such as sexuality, peer pressure, puberty, pregnancy prevention, sexually-transmitted diseases and abstinence. The YW Families and Their Future curriculum instructs parents about how important it is for them to have ongoing communication with their children about emerging adolescence. Convincing parents that research shows they are still the most significant influence in their children's lives is a huge challenge and this program does that. The program's goal is to give parents the facts so that they can be their child's primary educator on these sensitive sexuality issues. While the YWC A works with the girls, it is important that the parents, too, are gaining knowledge and confidence as parenting moves to a new level The course is four one-hour sessions per group. Four one-hour sessions per school will provide assistance for many families. 2) Location where services will be proyided: YWCA, 460 I Corona (when host sites are closed), Corpus Christi, Texas ZIP Code 78411 a) If more than one location is utilized. list other locations here: host sites - The 78415 schools include Central Park Elementary, Fannin Elementary, Galvan Elementary, Houston Elementary, Kostoryz Elementary, Lexington Elementary, Travis Elementary, South Park Middle School and Baker Middle Schools. We also operate at the City Park & Recreation. Boys and Girls Clubs, and Corpus Christi Housing Authority sites. 3) Inclusive dates of Service: From September], 2006 to August 31, 2007 4) Days and Hours of provided services Programs generally occur between 800 a.m. and 5:30 p.m. weekdays at the convenience and availability of the host sites. The recreational swims, "lock-ins," Reading Rally and numerous other activities occur at the YWCA on the weekend during operational hours of the facility. 5) Number of un duplicated youth to be served/adults to be served (if applicable): 300 youth; 90 adults 6) Mentor to youth ratio I to 10 a) Number of contact hours per week/per month: 45min. - I hour; additional hours on occasional weekends - ) - ......c. ,"'... 7) Describe the target population to be served. The United Way of the Coastal Bend recently published its "12 County Needs Assessment" report The report characterized children in the 12 County Region as "much more vulnerable" to teen pregnancy, substance abuse, antisocial behavior and/or neglect. The UW recommended that "an increased emphasis should be placed on programs at the elementary and middle schools that focus on choosing positive alternatives to drug/alcohol use and that provide positive opportunities to interact in safe supervised environments"; that "children. . . need more opportunities to receive academic enrichment outside of the normal school day"; and "school districts, social service agencies, and businesses should continue coordinated efforts to ensure that students are properly prepared to enter adulthood with suitable skills." The needs and characteristics of the youth of the 12CR are concentrated and exaggerated in the 78415 ZIP code. But the YW- Teens Programs address these needs and recommendations with the various activities that enhance the girls' self-worth and develop the girls' bodies and minds These strategies are specifically designed to develop a strong sense of personal responsibility to self, family, school, neighborhood and community. Youth to be served are 4th & 5th grade girls 8) Describe how this service meets evidence-based requirements as defined in the CYD RFP- Addendum. released 05/1912006: Our prior year assessment results reflect an increased self worth which directly correlates to increased emotional wellness. These results also directly reflect the increased value of and respect for others, both peers and adults. The data collected show a high value on the importance of continuing school with increased attendance and better grades. The results indicate a high value on understanding that decisions they make today can directly affect their future goals and dreams. Data collected indicates that the participants think it is unwise to follow friends into risky behaviors. All of these results directly decrease many of the unacceptable community conditions stated in the United Way 12 County Region Executive Summary and the State of Texas Children 2004 from Kids Count, such as gang-involvement which may include risky behavior such as violent juvenile crime, school dropout, and poor health factors such as obesity and diabetes. In addition to these results are positive indicators that will decrease the percentages of teen and pre-teen pregnancies, suicides, substance use and school dropout Other results not shown in the data are the enriching activities and programs provided to the girls and families at no cost, including physically active programming, which increases fitness levels and longevity. Families and Their Future provides education to help aU parents, including single parents, foster parents and grandparents raising grandchildren. Our YW- Teen programs parallel national programs currently implemented in the YWCA of Greater Milwaukee and also in Minnesota. Both of these YWCA youth leadership programs have collaborated with the nationally recognized Girls Inc., which uses the National Resource Center in Indianapolis, Indiana, for research and program development - 6 - ~_..,,- 9) Describe each goal of the service and/or program. including the impact on iuvenile crime: Using the YW-Teens Assessment Form, 70% or greater of the participants in the YW-Teens program will indicate a marked increase in their self-esteem and self-image, they will have better relationships with their mends and family, and will be more prepared to make positive choices and sound decisions. Using the Adult Assessment Form for YW-Teens, 80% or greater of adults involved with the participants will indicate the participants' school attendance has improved and that the communication skills between themselves and the girls has improved. Our direct product is increasing the self-value and worth of girls in at-risk situations. By positively influencing and mentoring girls and parents in at risk situations in all facets of our YW- Teens program, we help to lower the teen pregnancy rate, substance abuse, teen suicide, violent juvenile crime, gang involvement, and school dropout rates. Our program provides increased program and fitness opportunities for families at or below the poverty level, and increased opportunities for learning about important life topics. These positive influences will ultimately lead to more productive, healthier, young adults who are prepared to resist the negative peer pressure faced by so many youth today as they become successful community members. Family members and parents, who have learned to be supportive and knowledgeable, will help our youth face tough adolescent changes. Every day these girls face tremendous obstacles on the road to their success. They live with the threat of violence and drugs and the expectation of failure. They frequently have little or no adult supervision outside of school. High dropout rates among their peers and siblings and poverty are endemic. These negative influences factor into aggression and violence, gang involvement, juvenile crime, school dropout and teen pregnancies. But the YW-Teens programs such as the YW-Teen, Transition and Leadership Camp groups give these girls the opportunity to develop vision. The girls look forward to their future goals and learn the steps, such as increased attendance and good grades, high school graduation and higher education, that they can do to accomplish these dreams. Community leaders speak to them about their achievement and accomplishments. Women role models in non-traditional female careers visit and explain how they overcame the obstacles that threatened their dreams. Studying historical leaders also helps them to "design" a perfect leader. They identify their own leadership qualities, and in the process, discover that they already possess tangible strengths that need only to be harnessed and focused into healthy directions. The use ofteam-buiJding games helps them improve their social skills and broaden their vision. By studying various cultural differences they learn how to appreciate and celebrate these differences. The program stresses making healthy lifestyle choices and how these choices can affect their future. Along with these choices we educate them on staying physically and mentally fit by exercising, getting plenty of rest, and eating a healthy and well- balanced diet Along with this program we offer free family fitness passes for the girls and their families to come to the YWCA as a family. - 7 - ~""'...,- YW -T een staff and volunteers represent good role models and mentors to help guide them towards a successful future These adults help the girls learn to deal with aggression and harassment at school and home with non-violence and understanding. They make them aware of their self-worth and value and how important it is for them to believe in themselves and the possibilities there are tor them All these specific activities enhance the girl's self-esteem and self-value Girls who care about themselves and have a high self worth are far less likely to engage in unhealthy behaviors such as gang membership, teen pregnancy and dropping out of school 10) How will this service be available to families without transportation: Please see response to question # 11 11) Describe the "safe passage" plan for youth/families without transportation: The YW - T een programs are conducted at the schools or community sites by YWCA staff and volunteers during the school day and after school. By providing the program in host settings (the schools and community centers), the YWCA brings the program to the girls and therefore, transportation is not a problem. Recreational swims, "lock-ins", the Reading Rally and numerous other activities occur at the YWCA during weekends and school holidays. At these events, the girls families provide transportation to the YWCA. The YWCA is on an R T A bus route, which allows additional transportation. Motor vehicle checks are run on all drivers for the YWCA. Background checks and screening take place on all volunteers and personnel involved with the YW- Teens. The safety of the youth is addressed by code compliance at the YWCA and the host sites, as well as criminal background checks on all adults (staff and volunteers) involved with the YW - Teens. 12) Staffing: Describe the staffing plan for FY07, including staff supervision and support and how ad~quate staffing in the case of vacancies or extended absences will be ensured: All staff meets a minimum requirement of education and youth experience: The Director position requires a bachelor's degree and two years experience with youth. The Coordinator position requires at least 60 hours of college and two years experience with youth. The Facilitator positions requires at least 60 hours of college and one year of experience with vouth We recruit staff from qualified applicants in the W orkSource system and post job openings at our own sites, along with Del Mar College, Texas A&M University - Corpus Christi, LULAC, Naval Family Services. AARP. and Nueces County AIl new staff will mentor with an experienced staff at host sited before taking full responsibility for a group. Staffwill attend workshops and trainings presented at the local University and College as well as collaborative agencies as they become available. All staff meets weekly with the Program Director for Supervision, training and program development. - 8 - ~'".._._. The Program Director is available to fill in for absent staff or staff vacancies. Volunteers assist YWCA staff at the weekly YW Teen groups and Transition program. Our goal is to have a dedicated volunteer attend each group weekly with the YWCA staff for the entire school year. Volunteers are also utilized to mentor girls during Leadership camp, weekend swims, lock-ins, and other events Volunteers bring additional perspectives to the program that helps to enrich the participant's experience. Volunteers also help in communicating the successes of the program to the community. All staff is required to fill out Criminal Background Checks and Criminal History Affidavits in order to be considered for employment and all volunteers are asked as well prior to assigning to any YW Teen group. Both the criminal background checks and criminal history affidavits are completed every two years. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Consent Form must be explained to every individual participating in every CYD Program. This form authorizes participation in CYD Programs and allows the Fiscal Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community Youth Development Program to use the information provided by the participants for evaluation purposes. b) A Registration Form must be completed for every individual participating in any CYD Program for each fiscal year. The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. 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. Registration forms and Monthly Participant Summary Sheets must be submitted for each nwnth for which the subcontractor(s) request reimbursement for service/program costs. III. DOCUMENTATION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Monthly Participant Summary Sheet must be documented - 9 - IV. BILLfNG REQUIREMENTS The Subcontractor will submit monthly billings specifying the costs incurred for each month of service to the City representative listed below Parks & Recreation Department A TTN. CYD Project Coordinator City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 The monthly bining win consist of the following documents: a. Budget Information Summary and Reimbursement Request. b. Copies of invoices and bins. c. Monthly Participant Summary Sheet. d. Registration/Consent F orm (to include accurate and complete information prior to submitting to the Fiscal Agent) e. Any Change of Information to participants registration/consent form Subcontractor will adhere to the following billing schedule: , ! EXPENDITURES THROUGH MONTHLY BILLING DUE DATE I I October 7, 2006 September 30,2006 - October 3 1, 2006 November 7, 2006 ------.-.-.. I November 30, 2006 December 7,2006 I December 31,2006 January 7, 2007 I February 7, 2007 January 31, 2007 February 28, 2007 March 7, 2007 - March 31,2007 I April 7, 2007 April 30, 2007 May 7, 2007 - May 31,2007 June 7, 2007 .June 30, 2007 July 7, 2007 July 3 1, 2007 I August 7, 2007 August 31,2007 September 7, 2007 - 10- ......,.,..,,,".'" V. EXPENDITURE SCHEDULE Subcontractor agrees that if funds are not expended in accordance with Schedule A - Subcontractor Estimate of fT 2006-2007 Expenditures by June 30,2007, Subcontractor will lose any uncommitted funds in excess of$2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notifY Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) business days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within ten (] 0) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Anv excess funds forfeited by any Subcontractor will be used for other CYD programs. Schedule A - Subcontractor Estimate of FY2007 Expenditures r-' -- Month Estimated Percent of Total Exnenditures Bud2et September 2006 $4859.50 9.7% October 2006 $4859.50 9.7% November 2006 $485950 9.7% December 2006 $6427 50 12.9% January 2007 $449700 9% February 2007 $3557.00 7.1% March 2007 $4497 00 9% April 2007 $355700 7.1% May 2007 $3080 00 6.2% -- -- .- - June 2007 $3760.00 7.5% July 2007 $376000 7.5% August 2007 $2286.00 4.6% - ] I - ......,.".......- ~--'~. Attachment B-1 YWCA of Corpus Chrsiti Budget Information Forms Contract Period: Sept. 1, 2006 - Aug. 31. 2007 Summary Budget FY07 COST CATEGORY TOTAL 1. (A) Personnel - Salaries $0.00 (B) Personnel - Fringe Benefits 0.00 (C) Personnel - Travel 0.00 2. Materials and Supplies 0.00 3. Equipment 0.00 4. Other Costs 50,000.00 TOTAL BUDGET $50.000.00 Cash Match $0.00 In-kind Match $13,720.00 -12- Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (la) Personnel- Salaries FY07 A B C D E F Position or Title Number of Average Full Percent of Number of Cost Staff for Time Annual Time on Months (BxCxDxE) Position SalarY Budgeted Employed (T otaI) Position 0.00 i I I I i ! , I TotAL SALARIES Total 0.00 -13- ......" "., ---- Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (lb) Personnel- Fringe Benefits (Employer's Share) FY07 Fringe Benefits Based Fringe Benefits Based on (la) Salaries Paid* on (la) Salaries Paid $0.00 'IOTAL FRINGE BENEFITS $0.00 -14- .......'::....,",. Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (te) Personnel- Travel FY07 1)'pe of Expense (transportation, Purpose (Destination and Total food, lodging, mileqe) Benefits to Program) $0.00 TotAL TRAVEL $0.00 -15- Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1, 2006 - Aug. 31, 2007 (2) Materials and Supplies FY07 Description and Basis for Cost Total $0.00 TOIAL CONSUMABLE SUPPLIES $0.00 -16- ~'..'.'-' Attachment B-1 YWCA 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. ) $0.00 TOTAL RENTAL, LEASE, OR PURCHASE $0.00 -17- .......~ .. ~.... ~'--"- Attachment B-1 YWCA of Corpus Christi Budget Information Forms Contract Period: Sept. 1,2006 - Aug. 31, 2007 (4) Other Costs FY07 Description and Basis for Cost Total YW-Teens Grout> $22.860.00 YW-Teens Sat. Swims 10.168.00 YW-Teens Lock-Ins 1.588.00 Families & Their Futures 3.430.00 YW -Teens LeadershiD CaroD 9.400.00 YW-Teens Transition Course 1. 780.00 YW-Teens Transition Lock-In 774.00 TOTAL OTHER COSTS $50,000.00 -18- SUBCONTRACTOR: CONTRACT PERIOD: TITLE: YWCA of Corpus Christi 09/01/2006 to 08/31/2007 Community Youth Development Program Request No. Reporting Month ATTACHMENT B-2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST ;\mount (l)YTD Budgeted Expended Perso. - Salanes None 0.00 TOT.I\L 0.00 Personnel - Fnnge None 0.00 TOTAL 0.00 PersoIl1.lllJ - Travel None 0.00 TOTAL 0.00 Materiall and Supplies None 0.00 TOTAL 0.00 Rental, Lease or Purchase of Equilflent 0.00 TOTAL 0.00 Other C41its YW-Teees Group 22,860.00 YW-Teeas Sat Swims 10,168.00 YW - Teeas Lock -ins 1,588.00 Families&: Their Futures 3,430.00 YW - Teeas Leadership Camp 9,400.00 YW - TeeIiS Transition Course 1,780.00 YW-Teeas Transition Lock-In 774.00 TOTAL 50,000.00 TOTAL 50,000.00 (2) YTD Invoiced (1) - (2) Amount Requested* *City Use Only Amnt. Paid * Amounts expended cannot exceed amount budgeted I certity that the expenditures shown above are true and that supporting documentation is attacled to substantiate them Subcontractor's Authorized Signature Date Payment Authorization Signature Date - I 9- .........--,,'.- YW-Teens Groups I 10 groups per week i [Ceatral Par~ Fannin. Galvan, Housto~ Kostoryz, Lexington, Travis Elementary I Schools] ! r s=;~;:u~:~net I Saturday per month I ~ -YW- Teens LoCk-lni Families & Their Futures (for 9 schools) YW- Teen Leadership $ Camp ( 10 weeks ~ 8 summer weeks, 1 spring break week, and 1 winter _.... YW-~: ;::~itiont Course - 14 weeks : I South Park Middle I >--.-- School 2 Groups tll YW- Teen Transition Lock - In I 1 I -----!- 2086-2007 YW-Teens I Programs for , 78415 ! _.._.. _.... ._._... _ ..__..l..... Attachment B-3 YWCA of Corpus Christi Bud2et Narrative 1 hour per week/per group Year-round groups $22,860 @ $63.53 per group $635 X 36 weeks = (up to 20 girls per group) $22,860 10 X $63.53 '" $635 per week 2-hour swims $1271 X 8 months = $10,168 2 hours X 10 groups = $10,168 20 hours X $63.53 hour = $1271 Lock-Ins (1 in Fall and 1 in $794 X 2 Lock-Ins = $1,588 Spring) 12.5 hours per $1588 Lock -In, 12.5 hours X $63.53 hour = $794 1 hour per week/per school 6 weeks (4-1 hour $3,430 @ $63.53 per group (up to sessions spread over 6 10 families per group) weeks) X $571 = X $63.53 = $572 per week $3,430 63.53 X 40 hours per camp $940 X 10 camps = $9,400 -- $9,400 $2541 per camp 78415 schools = 37% 37% X $2541 = $940 per camp $63 53 X 14 hours = $890 $890 X 2 groups = $1,780 14 hours per 2 group $1,780 Lock - In for both SChOOlS: I $774 X 1 Lock-In = $774 2.25 hours X $63.53 hour = . $774 _~_$77:1~ ._--t-- $50,000 I ~._- -- -. .~- ~.- -- I 9 - 20 - SUPPORTING BUDGET INFORMATION The YWCA of Corpus Christi proposes a year-round program to assist the 5th and 6th grade girls of the 78415 schools The YW-Teens programs are designed to help young girls develop self-confidence, good health habits, strong social skills and effective decision-making proficiency. The project is comprised of four parts: the YW-Teens Clubs, which meet year-round; the YW-Teens Leadership Camps, which are held in June, July, and August for one week each and one week during their Spring and Winter breaks; the YW- Teen Leadership Transition Program is held the first fourteen weeks of school for girls moving into middle school, and the Families and Their Futures, an six-week course for family members ofYW-Teen girls designed to develop strong communication skills among parents and their children. The cost for one hour of direct programming for up to 20 girls equals $63.53. This is calculated by taking the 2005 Total YW-Teens Program direct cost $104,125.00 divided by the total hours of direct programming 1639 = $63 53 an hour Persctnnel-Salaries The Community Connection Director is in charge of the entire YW-Teens program. The annual salary is $31.000.00 X 18% = $5,760.00 of her time is budgeted to the YW- Teens programs. This employee is full time, year round The Community Connection Coordinator assists the Director by coordinating campus visits, planning curriculum and implementing the program. The annual salary is $23,660.00 X 66%) = $15,615.60 of her time is budgeted to YW-Teens. This employee is full time, year round. The Community Connection Facilitators (2) are part-time employees who implement program and coordinate materials, schedules, food and logistics. The two annual salaries combined are $19,500.00 X 460/0 = $8,970.00 their time is spent directly on YW- Teens. Persennel-Fringe Benefits Fringe benefits for the Community Connection Director total $30,345.60 X 17% = $5,158.76. This mcludes employer paid Workers' Comp, payroll taxes, retirement and medical insurance. Pers4tllnel- Travel Mile.e to the 78415 schools totals $1,678.32. This is calculated by visiting (1 0 sites) 126 total miles X 36 weeks = 4.536 X .37 (Reimbursed Rate) =$1,678.32. The Community Connection staff use their own vehicles and the YWCA van for shuttling among the schools. Lodging and other out-of-town expenses do not apply because the programs are local Matellals and Supplies The materials and supplies figure is $10,560.00. This figure is based on previous budgets [actual costs] for items such as: folders, markers, scissors. pens, pencils, disposable cameras, sequins and glitter, hula hoops, balls, paint, paper products [paper towels, plates, cups, napkins, etc.], plastic utensils, personal hygiene products, stickers, construction paper, ribbon, yarn, scrapbooking materials, books, magazines, folders, baggies, glue sticks, poster board. i.e., all the materials required to provide these programs for the YW-Teen girls The figure amounts to $10.00 a group X 20 groups (YW-Teen Groups) = 200 X ')0 weeks 10,000. Then $10.00 a group X 2 groups (Transition Groups) X 28 weeks = $560.00 making a total of$10,560 00 - 21 - ~,....,,- Other Costs Amoltg "other costs" are printing and copying [at 6~ per copy], which comes to $1426.64; postage and phone~ which come to $645; and "miscellaneous" items [such as motor vehicle checks, criminal background checks, etc] for $186 Cas.....n-Kind Match The YW-Teens do not receive cash matches. The YW-Teens programs receive in-kind matches from the YWCA for pool use at a rate of$50 per hour; the program uses the pool for 72 hours per year; this totals $3,600 per year for in-kind match from the YWCA. The YW- Teens Leadership Camps receive free lunches from the City Park & Recreation Depaltment. The value is $3.50 per lunch + snack; we serve approximately 40 lunches per week for 8 weeks total; that comes to a value of$I,120 in-kind match from the City of Corpus Christi. The YW- Teens receive about $1000 worth of snacks per year from the Food Bank of Corpus Christi. YW-Teens receive the Reading Rally event from Executive Women International, for which the organization raises $2,0. annually. The program provides books, bags, personal hygiene products, games, guest passes, and pencils, pens and notecards. YWCA administration and depreciation costs for the YW - Teens program amounts to $6,000. The total for the in-kind matches to the YW - Teens is $13,720 - 22 - ~..,-- Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. YWCA 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 helshe has been futly authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR") Part 92, Office of Management and Budget ("OMS") Circulars A-87, A-122, A- 110, and 40 Texas Administrative Code ("TAC") 732.240-256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMS Circulars A-87, A-122, A-110, and 40 TAC 732.240-256. ECTION 2. INDEPENpENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Ffscal 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 - :' 3 - r86ponsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CON$IDERA TIONS 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 , - . '-1 - ~."..- 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. For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense/cost. K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Ag'ent 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 5 - .....' . ,.~ unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non-Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's actual costs to provide the services under this Contract and that the Subcontractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable according to 45 CFR Part 92, OMB Circulars A-8?, A- 122, A-11 0 40 TAC 732.240-256, and any other applicable regulations. C. The Fiscal Agent may give a notice of modification or directive to reduce the level of funding under the Contract in the event of a reduction of funding to the Fiscal Agent under any Federal, State or local program. D. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying or qualifying the terms of this Contract. Such policy directives may not alter the terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. E. The Fiscal Agent may give a notice of modification to increase the amount of funds available under this Contract if such funds become available and it is in the - ~6 ~- .....~ .._ ~_c best interest of the Fiscal Agent to do so without the solicitation of additional proposals SECTION 6. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self-evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services ("DHHS"), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five (5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the 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 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. ,8 - .......,----''Wi' 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. ECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of - )9 - ~_......"....., 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. !ECTION 13. YEAR 2~O 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 ~ 1 ......'.... --,-- and date-related data by any product developed and delivered to Fiscal Agent pursuant to this Contract. Fault-free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Subcontractor agrees that all software developed and delivered pursuant to the contractual requirements herein shall use four-digit-year elements. Subcontractor further agrees that four-digit-year elements will be used in any electronic data interchange that may occur with the Fiscal Agent as a result of this Contract. Subcontractor shall not be entitled to additional compensation or additional time to perform these obligations. SECTION 14. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W-2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 15. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non-discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 16. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year-end in accordance with the Single Audit requirements of OMB Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs - 32 - associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub-Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SICTION 17. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his/her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the - .33 - ~.,,;- 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 ",. Subcontractor shall indemnify and hold harmless the Fiscal Agent .,d the Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical tllamage to property or injury to persons resulting from negligence, .isconduct, or any act or omission on the part of the Subcontractor, lis officers, agents, employees, representatives, or Sub- IlUbcontractors. In the event of loss, damage, or destruction of any ",.operty due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of - J4- ,.pair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective ."ployees, officers, agents, and representatives can neither agree to Itold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void. SECTION 20. SECTARIAN INVOLVEMENT PROHIBIT~D 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 ("USe") 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 - 35 - '.....'. -.- alcoholism, political beliefs, or religion be excluded from participation in or denied any aId, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2 Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV); 3 Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4 Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6 If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7 Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8 Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS 9. All applicable standards, orders, or regulations issued pursuant to the Clean - 36- ~...,,- Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10 Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense Involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties Involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract. Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. ; - ,.",,,,..,,,,,,- SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty-eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1 Dishonesty bonding under a commercial crime policy or business services bonding. at a $10,000.00 minimum or up to the Contract amount, whichever is greater. 2 Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3 Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non-owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self-certification of such coverage; and 4. Workers' compensation and adequate on-site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on-site medical and accident insurance shall be required for al/ non-work setting and classroom training activities for - 38 - ~....-. - ~.. participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same -i9 - 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 !lFRINGEMENT 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 alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. - 40 - 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 tlYough application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such irlormation 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 oublic Qi;closure under the Texas Public Information Act, Chaoter 552 of the Texas Government Code. SECTION 28. COMMU"ICA TIONS 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. 8. 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. - 41 - ",.,.., C', "''''' 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 fLl'lds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors" trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, 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. ECTION 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 - ,J 2 - .~.- this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1 requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2 to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3 to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 30 days advance written notice to the other party. This Contract will be terminated at the end of the 30 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the transition to any new arrangement or provider of services The respective accrued interests or obligations incurred to date of termination must also be equitably settled F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. - L,J - ~._"'- SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any oI1er remedies available to the Fiscal Agent and Department under the terms of this Contract in equity, or under Texas law. - Lj 4 - ......., ,."..... YWCA of Corpus Christi Page 15 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: Hes 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 e>Chausted 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 Witl 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 gowerning 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 Witl submit a Self Evaluation Report within 45 days follOWing the end of the contract period. 12 WifI cooperate fully with the City, DFPS, DHHS, or other governing agency concerned in any reporting, monitoring, auditing, training and technical assistance, researching, evaluating, or other analyzing of information or data related to the contract under award 13 Will have written personnel policies by the effective date of contract that comply with federal and state regulations and policies and that will successfully initiate and complete the work for the contract within applicable periods of time, 14 WI 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 a~/or volunteers who have direct contact with CYD participants. 15 Will have written plans for the handling of client complaints and grievances by the effective date of the contract. 16 Will obtain and furnish proof of bonding and insurance coverage within forty-eight (48) hours of the award of the cOfttract or at such other time as may be specified by the City or DFPS. 17 Will comply with applicable federal and state laws, executive orders, regulations, and policies governing this contract; including complying with federal statutes providing in part that no persons in the United States shall, on the grounds of race, 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 YWCA of Corpus Christi Page 16 and Safety Code Section 85.113 relating to work place and confidentiality guidelines regarding AIDS and HIV and the Public Health Act of 1912 as amended regarding confidentiality of alcohol and drug abuse patient records; and to comply with Title 40, Chapter 73, of the Texas Administrative Code, pertaining to social services and assistance. * 18. VWII 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 VVlI 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 WlI seek advance approval from the City or DFPS for any subcontract awards and will have written requirements with the Subcontractor to comply with the same terms as the City of Corpus Christi (City) in adhering to generally accepted accounting standards, state and federal laws and regulations, and DFPS, DHHS, or other concerned government agency directives 23 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 Wltl fully comply with all the terms of the contract award. I individually, 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 abi_ by them. 3-2.-,<- -Oh Date ;}!~( ~ lt~e ss OA,/ -' Do D2) Print '. N e of Authorized Representative L:r\C~77 uc Title b/l2cc~ Y LU c A- o{ (~Y' ~ us C h V' t ~ . Full Legal Name of Orga ization or Agency *The following federal laws are applicable but not an exclusive listing: Title VI Civil Rights Act of 1964 (PL 88-352), Title IX Education Amendments of 1972 as amended (20 USC, Subsection 1681, et seq.), Section 504 of the Rehabltation Act of 1973 as amended (29 USC, Section 794), Age Discrimination Act of 1975 as amended (42 use, ~bsection 6101-6107), and the Drug Abuse and Treatment Act of 1972 as amended (PL 92-255), the Comp'-"ensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 as amended (PL 91.e16), Public Health Service Act of 1912 as amended (42 USC, 290 dd-3 and 290 ee-3); Office of Management and Budget Circulars A-37, A-122; Code of Federal Regulations Title 45. ~..."",. YWCA of Corpus Christi Page 17 Attachment E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion For Covered Contracts Feder. Executive Order 12549 requires the Texas Department of Family and Protective Services (DFPS) to screen each covered potential contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligiblity, 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 f_ra' 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 pOCential contractor learns that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances The words 'covered contract," "debarred," "suspended," "ineligible," 'participant," 'person," 'principal," .proposal," and "voluntarily eJ<<lluded," 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 pallticipation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Department of Family and Protective Services, as applicable. Do you have or do you anticipate having subcontractors under this proposed contract? Yes_ No_X_ :. The potential contractor further agrees by submitting this certification that it will include this certification titled "Certification Regarding D_rment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts; and in solicitations for all covered subcontracts 6 A contractor may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certifications from its covered subcontractors upon each subcontract's initiation and upon each renewal. N~ing contained in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8 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 oIher federal department or agency, as applicable and/or the Texas Department of Family and Protective Services may pursue available remedies. Including suspension and/or debarment CERTIFICATION REGARDING DEBARMENT. SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS. Indicate in the appropriate box which statement applies to the covered potential contractor ~ The potential contractor certifies, by submission of thiS certification, that neither it nor Its principals is presently debarred, suspended, proposed for debarment, declared 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 above terms to which s/he is unable to make certification. Attach the explanation(s) to this certification. Name of Potential Contractor YtUC/J oile r.' .s C)7 V~ 5 Vendor 10 No. Or Social Security No. OFPS Contract No. (If applicable) }<f--II s 736 Name of Authot1zed Representative Title Signature. Authorized RepresentlvelOate N6.I1.( It/)c5>So/l/-.DoL)D ub~~ "IIJI!IP'".....-