HomeMy WebLinkAboutC2007-316 - 10/16/2007 - Approved.~, ~
CONTRACT
{Co~er Sheet)
TITLE OF CONTRACT: Community Youth Development
CONTRACT NO.: CYD 240$-4
This contract ("Contract") is entered into by the City o# Corpus Christi ("City" or "Fiscal /~gent") ar~d
the fallawing named Subcantractor:
CITY: SUBCONTRACTOR:
City of Corpus Christi-JACICYD City of Corpus Christi Parks and Recreation
226 Enterprize, Ste. 104 Department, Recreation Centers Di~ision
Corpus Christi, TX 78405 1201 Leopard
Telephone: (361) 826-4028 Corpus Christi, TX 78401
FAX: (361) 299-1410 P.O. Box 9277, 78469
Contact Person: Celina Pulch~r Telepfione: (361) 361-826-3460
FAX: (361) 3fi1-826-3864
Contact F'erson: Stacie A. Talbert
Subcontractor agrees to provide services in accordance with the pro~isions of this Contract and under
the Com~nunity Youth Development Program ("CYD") funded by the Texas Department of Family and
Protective Services {"DFPS"). This Contract cansists of the following attacMed documents which are
incarporated herein by reference:
Contract (Caver Sheet)
Perfarmance Measures (Attachment A-1)
Statement of Wark {At#achment A-2)
Budget, Reimbursement Request~Form & Budget Narrative (Attachmer~ts B-1, B-2, and B-3}
Standard Terms and Conditions (Attachment C}
Subcontractor Assurances with Certificat+on (Attachment D}
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the
information provided to the Ci#y is true and correct in all respects ta the best of its knowledge,
information, and belief.
T#~e obligations of the City of Corpus Christi underthis Contractare expressly contingent upon the ~-
availabi~ity of funds for such purpose under the #unding sources: a.oo~_~73 „~~~R~z~
w, '
CONTRACT PERIOD: From: September 1, 20a7 Through: August 31, 2008 ~~~~~~ ~ ~
~UNDING OBLIGATION: Not to exceed $ 27,828.00 for FY 2008 for Contract~ P~d C• ~
stated above. gEC~~7l~Y m~,
y~~
Executed in triplicate, each of which recognized as an origir~al.
ATT~ST~ City of orpus Christi
Armando Chapa Geo . Nae
City Secretary City anager
L~gal form approved ~ r~ .(~ , 2007;
., ~ . ~_ ti. _ 0~ ~
Zoa~-3~s
ian~~o~
M2007-273
City of CC Parks & Rece
ho r ~.~5
~ r y~,~j
Subcontractor:
City of C.C. Pa & Recreation Dept
By: /.~.~ G -
Name: 5~~u~. /~ -Tia.~~.-~
Title: g~c,.eak,'~r ~;~~~r~~~-~~•aPn~
Date: lo ~ i n f o'i
78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM
City o# Corpus Christi Parks & Recreation Dept., Recreation Centers
Di~isior~
TABLE OF CONTENTS
PaAe No.
Contract Cover Sheet
Table of Contents ............................................................................................ i
Contracted Performance Measures {Attachment A-1] ................................1
Statement of Work {Attachment A-2) ............................................................. 4
Budget Information Forms {Attachment B-1 } ................................................11
Reimbursement Request Form {Attachment B-2) .........................................17
Budget Narrati~e (Attachment B-3) ............................~~---...............................1$
Standard Terms and Conditions {Attachment C) ..........................................20
Sections
1. Legaf Authority
2. Independent Contractor
3. Financial Limitatio~
4. Liability for Payment
5. Changes and Amendments
6. Accounting Requirements
7. Record Keeping/Reporting Requirements
$. Subcontracting
9. Publicity
10. Technical Assistance
11. Monitoring and Assessment
12. Property
13. Year 2000 Compliance
~ 4. . Taxes
'~ 5. Disputes
16. Independent Audi#
17. Pre~ention of Conflicting Interests
18. Fraud and Abuse Pre~ention
19. Indemnification
20. Sectarian Involvement Prohibited
21. Political ActivitylLobbying
22. Non-Disc~imination and Equal 4pportt~nity
23. Health and Safety S#andards
24. Insurance
25. Debarment and Suspension
26. Notice and Assistance Regarding Patent and Copyright Infringement
~7. Disclosure of Confiden#ial Information
28. Communications
29. General Standards of Performance
30. En#ire Agreement
31. Contingen# on Funding
32. Trainer Qualifications
33. Termination
34. Force Majeure
35. Monthly Performance R~~iew
36. Suspension of Payments
37. Repayment of Funds
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment [Attachment E]
Certification Regarding Federa! Lobbying (Attachment F}
ii
Attachment A-1
City of Corpus Chr~sti Parks & Recreatior~, Recreation Centers Divis~on
CONTRACTED PERFORMANCE MEASURES
(Community Youth Development Program Contracts)
Performance measures typicaliy include ot~tputs and outcomes. Output measures
demonstrate performance in terms of the quantity or ~ofume of services ~ro~ided, for
example, the number of clier~fs served, number and types of services, etc. Outcome
measures demonstrate performance in terms of #he quality artd impact of services and
whether or not they ha~e met intended goalslobjecti~es. Outcomes relate to behavior,
skills, know~edge, attitudes, ~alues, etc.
The City of Corpus Christi will contract with Service Pro~iders to meet the following
performance measures for contract period, September 1, 2007 thru August 31, 2008.
Outpu# #1: N~mber of youth served
Indicator: Number of unduplicated registered youth served during the contract period as
reported through participation data entered into the Pre~ention and Early Inter~ention
Serriices database, which wiil be Septemfoer 1, 2007 through August 31, 2008 for the initial
contract period as established fhrough this RFP. Unduplicated means participants wil! 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 ~hey attend each
program. A youth is counted the first time slhe recei~es a service during the contract
period. Any participant wf~o was registered and counted in pre~ious years musf be counted
again when slhe recei~es herlhis first service during the new contract period.
Target: 100
~utput #2: Timely submission of Billings and Mor~thfy Reports
Indicator: Percent of mor~thly billings and reports submitted within 5 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 eac#~ indi~idual service.
If the cap is exceeded, those youth may be considered ineligible and costs may be
disallowed.
Target: 20%
-1-
Output #4: Participants invoived in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted grades
~4tn _ 8t~').
Target: 90%
Output #5: Completed Asset Survey
Indicator: Percent of you#h registered by a servfce pro~ider that complete an initial {pre)
asset survey and a follow-up (post) asset survey. 4nly those youth who are initially
registered by a pro~ider will be included in the calculation for this output. Youth served by
a pro~ider, but whom another pro~ider ini#ially registered for ~he CYD program, will not be
inc~uded in the calcufation for this output.
Target: 8D%.
Output #6: Completed Satisfaction Questions
Indicator: Percent of CYD youth that comple#e the five satisfaction questions at tf~e end of
the foilow-up (post) asset survey. Note that the follow-up survey, and not the initia! 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 recei~ing CYD
services. Data collected from Protective Factor Surveys {see 4utput #4} will be used to
calculate this outcome. The initial {pre) Protective Factor survey, to be completed by youth
at fhe beginr~i~g of the contract period or when services are initiated, will be compared to
the fallow-up {post) Protective Factor sunrey. Follow-up (post) Protecti~e Factor surveys
will be completed Follow-up (post) Protecti~e Factor surveys will be completed between 15
days prior to and 15 days after the four month anni~ersary of the youth ha~ing completed
the initial asset inventory or when the youth ieaves the program, whiche~er comes first.
Target: Miroimum net 10% Fncrease in you#h protecti~e factors.
Outcome #2: CYD Participar~ts Perceive Services as Effective
Indicator: Percent of yauth that report CYD services had a positive impact. For yauth that
participate in multiple services, one survey should be compieted corresponding to the first
program service in which they participated.
-z-
Target: 80%
Outcome #3: Non-referred CYD youth
Indicator: Percent of CYD you#h report not referred to juvenile probation.
Target: 95%
Note: Performance measures, indicatars and targets are set af fhe discretion of DFPS and
may be changed at any time, buf will nof be changed without due notice fo Fiscal Agents.
-3-
Attachment A-2
STATEMENT OF WORK
Subcontractor: City of Corpus Christi Parks ~ Recrea#ion Dept., Recreation
Centers Division
Program Name: Teen Trekkers
I. SERVICES TO BE PROVlDED
1) Descr~be the service to be ro~ided in detail:
Corpus Christi Parks and Recreation Department's ad~enture based ou#daor
recreation ~rogram is named TEEN TREKKERS. The ~rogram goai is to provide
urban at-risk teens with an oppartunity to learn about the natural environment and
reso~rces a~ailable in Texas and the Coas#ai Bend. TEEN TREKKERS wiil
incorporate educational outdoor recreation elements with nature conservation
concepts, team building, outdoor adventure, se~f discipline, leadership, and
fitness orier~ted acti~ities to young men and women iiving in 78415.
The great ~ariety of outdoor recreation opportunities ar~d natural resources
a~ailable, make Corpus Christi and the Coastal Bend Region the perfect Eoca#ion
to host an adventure based outdoor recreatior~ program. The Gulf of Mexico's
iNand bays are easily accessible and offer many sporting and nature o~servation
opportunities. TEEN TREKKERS is designed to introduce youth to these
opportunities and incorporate fun, safety, instruction, en~ironmentai edueation,
and ultimately fead to a greater understanding of the conservation and
preservation of ou~ deficate natural resources.
The TEEN TRKKERS Program is an 8-week summer program. 78415 teens from
local middle schools artc! high schoois will be targeted for participation. The
program will concentrate on youth who are:
- Ages 13 to 17
- Living in or attending a school in the 78416 zip code
- From ex#reme at-risk categories.
TEEN TREKKERS will concen#rate on five outdoor acti~ities (listed below). New
program acti~ities will be intro~uced each day of the week.
Basic Water Safet Trainin and Sailin :
Each participant will be required to complete a 4-hour Basic Water Safety
Training course at the begir~nRng of camp. Eac~ class will be taught by a City of
Corpus Christi Water Safety Instructor who is a Red Cross certified and foflows
Red Cross procedures. The training manuals will be purchased through #~te
American Red Cross. Training wiil introduce participants to tt~e skiils necessary to
be familiar with tf~e importance of basic water safety and rescue skills. The
training will take plac~ at the Corpus Chr~sti Natatorium.
-4-
Participants will sail the Corpus Christi Bay on spec~ally designed sail crafts made
just for instructional purposes and beginning sailors. Teens will learn the basics
of boat design, sailing, rigging, steering, and safety. Each participant will have
the opport~nity to operate a sail boat on the water. The department will partner
with Sail Corpus Christi to pro~ide equipment, sailboats and instruction.
Environmental Education:
Participants wiil visit the Oso Creek Wetlands Area and The Texas Stat~
Aquarium. The Qso Creek Wetlands is hom~ to endangered birds, unique flora
and fauna, and se~eral archaeological sites. Participan#s will take a walking tour
guided by a local environmental expert and disco~er the untap~ed resource that
lies within our community. Emphasis will also be placed on t~e importanc~ of
conservation and preservation. Youth will then tra~el to the Texas State
Aquarium Sea Lab for a special three hour class on protected wetlands.
Participants will take a canoe trip into a wetland area where they wil! have the
opportunity to study wildlife, flara, and fauna.
Fis_ _hinq:
Teens wilf embark on a Gulf fishing trip for 6 hours out of Port Aransas. Special
instruction on fishing techniques, bait, and tackle will be given to participants.
Youth will then spend approximately 4 hours fishing for popular Guif game fish.
The department wili partner with Dolphin Docks Fishing Charters to pro~ide
equipment and instruction.
Windsurfina & Kayakinq:
Youth will get special expert instruction on windsur#ing and kayaking. In Addition,
each participant will ha~e 2 hours of windsurfing free #ime and 2 hours of
kayaking free time to try out their r~ewly learned skills. Instruction as well as free
time will be done in the safety of #he protected shallows of the Laguna Madre.
The department will partner with Worldwirtds Windsurfing to provide instruction
and equipment.
2) Location where services wili be pro~ided:
Corpus Christi Natatorium
3202 Cabaniss Road
Corpus Christi, TX 78415
Sail Corpus Christi
200 S Shoreline
Corpus Christi, TX 78401
Texas State Aquariurn Sea ~ab
2710 N Shareline Bfvd
Corpus Christi, TX 78402
WorEdwinds Windsurfing
14493 SPID Ste A
Corpus Christi, TX 78418
-5-
Oso Creek Wetlands
Oso Creek Pkwy, Walking Trail Area
78414
Dolphin Docks Fishing Charters
234 W Cotter
Port Aransas, TX 78373
Youth Odyssey
Ropes Course located off of Ir~terstate 37 towards San Antanio
All above locations play a ~ery important role in the T~EN TREKKERS pragram, as
they are actual pragram acti~ity sites.
3) Inclusive dates o# Service:
From June 9, 2008 to August 31, 2008
4) Da s and Hours of ro~ided services:
TEEN TREKKERS will operate Monday through Friday, June 9- August 8, 2008. Camp will
not be held the week of Jur~e 30 - Juiy 4. Times wil! ~ary due to the various pragrams and
accarding to the services being provideci by collaborating agencies and organizations. The
ger~eral operating f~aurs for the TEEN TREKKERS program will be 8:OOam to S:OOpm.
5) Number o~F undu Eicated out~ to be servedladults to be served if a licable : 100
youth
6) Mentor to vouth ratio: 4 to 20
a) Number of con#act hours er weeW er month: Summer: 45 hrs18 weeks
7) Describe the tar et o uiation #o be served:
Program efforts will be structured around the specitic needs of 78415 teens by:
- Creating a positive, safe environment to challenge their communication, team
work and leadersf~ip abilities
- Pro~iding adult mentors (recreation leaders) to talk wi#h participants and
encourage trust and respect
- Removing barriers to ~articipating in activities outside their neighborhoods by
providing transportation and leadership
- Educating participants about the importanc~ of preserving and protecting our
outdoor resaurces
- Emphasizing the derrelopment of respect and trust in #hemselves and for others.
T~e TEEN TREKKERS program is designed to increase participants' ability andlor
motivation to make positiv~ life choices, to deal with conflict, to stay in school, to
gain trust and respect for their fellow participants, mentors an~ a~tl~ority figures by:
-b-
- Pro~iding a setting where they can fee! a sense of belonging
- Pro~iding opportunities #o interact with other #eens in an environment that
encourages trust and respect
- Pro~iding mentoring support from caring, interested and positi~e adult role
models
- Helping remo~e barri~rs #rom participating in outdoor recreation activities
- Pro~iding opport~nities to increase activity artd leadership skilis.
8) Describe each oal of the service andlor ro ram includin the im act on 'uvenile
crime:
Goal(s}: To bring the Teen Trekker experience (pro~ide soc~al and life sicills
development} to at-risk youth residing in the 78415 zip code.
Objective(s): Within a 3-month period, each participant in a Teen Trekker class wil~
have increased their social and life skills ~ia outdoor programming to incfude team
bui~ding, outdoor fshing trips, basic water safety and nature conservation concepts
9) How will fhis service be a~aifable to families without trans ortation:
Youth wili depart from #wo pre-determined safe departure sites in the 78415 area.
Parents and youth wilf be given the choice as to which home base (departure site)
they wish to ieave from each morr~ing. Two passenger rental vans driven by
empioyed Program Coordinatars will then come around to pick participants up an~
take them to the daily acti~ity.
~ 0}Describe the "safe assa e" ~ lan for outhlfamilies without trans ortation:
Youth will depart from two pre-determined safe departure sites in the 78415 area.
Parents and youth will be gi~en the choice as to which home bas~ (departure site)
they wish to lea~e from each morning. Safe departt~re sites will be arranged with
CCISD schools in the 78415 area. Each departure site will ha~e a City employed
Recreation Leader that will check participants in each day. Two passenger rental
vans dri~en by employed Program Coordinators (who have taken the required safe
dri~irtg course) wilf then come araund to pick participants up and take them to t#~e
daily activity. Youth will be accounted for before departing th~ home base, when
departing from program sites, and after retuming from the day's acti~ities. Vans will
be rented from Enterprise and all youth wilf ha~e additional liability insurance
purchased ahead of time. Seatbelts wilf be required at all times. No more than 10
you#h wifl be transported per van accompanied by two ~aid City Staff per van. Also,
ail four paid empEoyees will be required to have a current CPR certification and a
City issued cellular p~one will be kept on hand at all times by program staff in case
of emergency or urgent situations.
11)Staffin : Describe the s#affin lan for FY08 includin staff su ervision and su ort
and how ade uate staffin in the case o€ ~acancies or extended absences will be
ens~red:
Four staff positions (two Program Coordinators and two Recreation Leaders) will be
advertised on the City of Corpus Christi job rec~'uitment web page. E~ctra recruiting
efforts for the Program Coordinator positiorts wili be made at Texas A&M Corpus Christi
-7-
and Dei Mar College. Interviews will be conducted and the best candidate for each
position will be carefully considered and then selected. Desired qualifications and
experiences will include youth recreation programming experience, past work
experience, education, certifications, related training, and the abilityto perform requi~ed
duties. All candidates wilf be subject to the following:
Criminal background check
DPS Driving record check
Drug and alcohol test
Required current CPR certification or ability to obtain prior to start ofi program
Dri~ers safety course (Program Coordinators)
Mandatory summer employee orientation
Mandatory program specific training
In the e~ent that a Teen Trekkers staff is unable to report to work for any reason, a staff
member from our current recreation center staff will be pulled to cover the ~acancy. Our
di~ision has 13 full time positions that will meet the minimum s#ar~dards for the Program
Coordinator position and 40 part-time positions that meet the Recreation Leader
standards.
II. CYD CLIENT REGlSTRATION AND TRACKING SERVICES
a) A RegistrationlConsent Form must be explained #o every individual participating in
e~ery CYD Pragram. This form authorizes participation in CYD Programs and allows
the Fisca! Ag~nt, subcontractor(s), TDFPS, and the state agency responsible for
e~aluating the Community Youth Development Program to use the information
provided by the participants for evaluation purposes.
b) A RegistrationlConsent Form must be completed forevery individ~al participating in
any CYD Program for each fiscal year. The Registration Forms must be submitted
monthly to the Fiscal Agent wit~ the monthly billing.
c) A JD Service Tracking Form must be completed for every participant recei~ing
services{s) on a mon#hly basis. The Service Tracking form must be submitted
monthly to the Fiscal Agent with the monthfy billing.
Registration forms and Serrrice Tracking forms must be submitted for each month
for which ~he subcontractor{s) request reimbursement for servicelprogram costs.
III. DOCUMENTATION OF SERVICES
Documentat~on of all services provided to each Community Youth De~elopmer~t
participant must be maintained. All of the services listed on a Service Tracking Form
must be documented.
fV. BILLING REQUIREMENTS
The Subcontractor wilf submit mon#hly billings specifying the costs incurred for each
month of service ~o the City representati~e listed below:
-8-
Juvenile Assessment Center / CYD
ATTN: Celina Pulcher
CYD Project Coordinator
City of Corpus Chfisti
226 Enterprize Pkwy, Ste. 104
Corpus Christi, Texas 78405
Th~ monthly billing will consist of the following doc[~ments:
a. Budget Informa#ion Summary an~ Reimbursement Request.
b. Copies of invoices and bills.
c. Monthly JD Serriice Tracking Form
d. RegistrationlConsent Form (to include accurate a~d complete information prior to
submitting to the Fiscal Agent}
e. Any Change of Infarmation to participants registrationlconsent form
f. Any Prevention and Early Intervention Surveys {Pre and Post)
g. Any Pre~ention and Early Intervention Satisfaction Surveys
Subcontractor will adhere to the following billing schedule:
EXPENDITURES THROUGH MONTHLY BILLING DUE DATE
Sep#ember 30, 2007 October 5, 2007
October 31, 2007 November 5, 2007
No~ember 30, 2007 December 5, 2007
December 31, 2007 January 5, 2008
January 31, 2008 February 5, 2008
February 29, 2008 March 5, 2008
March 3'1, 2008 April 5, 2008
April 3a, 2008 May 5, 200$
May 3'I , 2008 June 5, 2008
June 30, 2008 July 5, 2008
July 31, 2008 August 5, 2008
August 31, 2008 Sep#ember 5, 2008
-9-
V. EXPENDITURE SCHEDULE
Subcontractor agrees that if funds are not expended iR accordance with Schedule A-
Subcontracfor Estimate of FY 2007-2008 Expenditures by June 30, 2008,
Subcontractor will lase any uncommitted funds in excess of $2,500, subject ta
reinstatement through the appeais process set out below. Fiscal Agent will notify
Subcontractor in writing of the pending budget reduction in Subcor~tractor'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
Subcont~actor must submit an adjusted budget to Fiscal Agen# that reflects the reduced
budget amount within ten {10} business days thereafter. Howe~er, if Subcontractor
disagrees that excess funds are a~ailable, then Fiscal Agent and Subcontractor will
meet at an agreed upon #ime and Subconfractor will be given the op~ortunity to present
their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of
Subcontractor's excess uncommitted funds. Any excess funds forfeited by any
Subcontrac#or will be used for other CYD programs.
Schedule A- Suhcontractor Estimate of FY2008 Expenditures
Month Estimated Percent of Total
Expenditures Budqet
September 2007 0 0%
October 2047 0 0%
No~ember 2007 4 0%
December 2007 0 0%
January 2008 0 0%
February 2d08 0 0%
March 2008 0 0%
April 2008 0 0%
May 2a08 $5,572 20%
June 2008 $7,801 28%
July 2008 $7,801 28%
August 20a8 $6,686 24%
-10-
Attachment B-1
City of CC-P~rk & Recre~tion Dept
Budget Inform~tion Forms
Contract Period: Sep~. 1, 2007 - Aug. 31, 2008
Summary Budget
FY08
COST CATEGORY TOTAL
1. A} Personnet-Salaries $9,1089~
{B) Personnel - Frin e Benefits 696.83
{C Pe~rsonnel - Travel 35b.40
2. Materials and Su lies 1,56b.27
3. E ui ment p,pp
4. Other C asts 1 b,100.00
TOTAL BUDGET $27 828.00
C~sh Match ~0.40
In-kind M~tch $p,QQ
-11-
Attachment B-1
City of CC - P~rks & Recreadon Dept.
Budget Inform~tion Forms
Can~act Period: Sept. 1, 20Q7 - Aug. 31, 2008
{1a) Personnel - SaIairi~es
FY08
A
Position or Title B
Number of
Staff for
Position C
Average Full
Time Annual
Salazy D
Percent of
Time on
Budgeted
Position E
Number of
Months
Employed F
Cast
(BxCxDxE}
{Total)
Pro am Coordinator 1 $1,SS3.G0 100% 2.25 $3 495.60
Recreation Leade~' 2 $1,247.40 100% 2.25 $S,G1330
TOTAL SALARIES Totai $9,108.90
-12-
At#achme[~~ B-1
City of CC - Parks & Recreatian Dep~
Budget Information Farms
Contract Period: Sept. 1, 2007 - Aug. 31, 2008
(1b} Personnel - Fringe Benefits {Employer's Share)
FYO$
Fringe Benefits Based on (la) Salaries P~id* Fringe Benefits Based
on (1a} Salaries Paid
Pro am Coordinator PICA $267.41
Recreation Leadea' FICA 214.71
Recreation Leader FICA 214.71
T'QTAL FRINGE BENEFITS $596.83
-13-
Attachment B-1
City of CC - Parks & Recre~~ion Dept,
Budget Information Forms
Contract Period: Sept. 1, 2007 - Aug. 31, 2008
(lc) Persannel - TYavel
FY08
Type of Egpense (tr~nsportation,
food, lod in , milea e) Purpose {Desti~ation ~r~d
Benefits to Pra r~m)
Tot~l
~~~ge Pick up program supplies, visit program
sites and ick u ui mea~t $356.00
TOTAL TRAVEL ~ $356.00
-14-
Att~chment B-1
City of CC-Parks & Recreat~on Dept.
B~dget Information Forms
Contract Period: Sept. 1, 2407 - Aug. 31, 2008
(2} Materials and Supplies
~as
Descri tion and Basis far Cost Total
Water for participants ~15U.00
Sunscreen "70.00
Ice Chests 150.00
Health Snacks 300.00
Bait and Tackle 26I.27
Fishin Rods and Reels b25.00
TOTAL CONSUMABLE SUPPLIES . $1 565.27
-15-
Attachment B-1
City of CC-Park & Recreation Dept
Budget Inform~tion Forms
Cont~ract Period: Sept. i, 2007 - Aug, 31, 2008
{4) Other Costs
FY08
Descr~ tion ~nd Basis for Cost Total
5ailin $27 x 50 artici ants 1'ro am Elem~t $1 350.00
Windsurfin $35 x 50 artici ants Pro am Elem~t 1 750.00
TX State Aquarium Progi'am $5 x l Ob participants (Prog.
Elem~t SUO.Od
Fishin $40 x 50 artici ants Pra am Elem~t 2 000.00
~asic Wat~ Saf Trainin $30 x lOfl artici ants 3 000.00
Bus Re~tal fram CCISD 7 500.00
TOTAL OTHER COSTS $16 100.00
-1 Cr
SUBC4NTRACTOR: City of CC - Parks & Recreatian Dep~. Request No.
CONTRACT PERI4D: 09/01/2007 to 08/3ll2008 Reporting Month
TITLE: Community Youth Development Program
ATTACHMENT B-2
BUDGETED INFORMATION SUMMARY AND REIlViBURSEMENT REQUEST
(1) - {2) "`City Use
Amount (1) YTD (2) YTD Amount Only
Bu~d 7~~ed Exp~ded Invoiced Requested* Amnt. Paid
Perso~nel - Salaries
Program Coordinator 3,495.60
Recreatian i,ead~' 5 6~13,3p
T4TAL ~
9,1 d8.90
P~sonnet - Frin~e
Program Coor (FICA) 267.41
Rec Leader (FICA} z~4,~~
Rec Lead~ {FICA) 214.71
TOTAL 696.$3
Personnet - Travel
~~~g~ 356.40
TOTAL 355.00
Mate~-ials and Supplies
Miscellaneous Supplies ~,566.27
TOTAL 1,566.27
R~tal, I.ease or P~rchase
of Eauinment
None 0.00
TOTAL 0.00
Other Costs
Sailing 1,350.00
Windsurfing 1,754.00
Tx State Aquarium Prog. 500.00
Fishing 2,000.00
Basic Wat~ Safety 3,000.00
Bus Rental 7,500.00
TOTAL 16,100.00
TOTAL 2~,g2g,pp
* Amaunts expended cannot exceed amount budgeted.
I certify that ~he expenditures shown above are true and tha~ supporting docwnentation
is attached to suhstantiate them.
Subcontractor's Authorized Signatw'e Date
Payment Authorization Signature Date
At#achment B3
Ci#y of Corpus Christi, Parks & Recreation Dept.
BUDGET NARRATIVE
The City of Corpus Christi is fiscally sound and prepared ta fully fur~d TEEN TREKKERS
until such time that reimbursements are submitted and approved. Budget numbers were
arrived upon the basis that the TEEN TREKKERS program will serve 100 o~er an eight
week summer period during the Summer of 2008. Descriptions of each budget line item
are list~d below.
Staff Salaries $9,108.90
A Program Coordinator working 4Q hours a week over a 9 weefc period at $9.71 an hour.
Two Rec~-eation Leaders working 35 hours a week over a 9 week period at $8.91 an hour.
The additional week of work is to account for training and program closeout. Ali salaries
combined amounts to a total of $9,'108.9U
Frin~e Benefits $696.83
Program positions will not receive health, retirement, vacatio~ pay or sick pay benefits.
Hawe~er, F1CA will be included at 7.fi5% o~ the total salaries, equaling to $596.83.
Personnel Travel $35fi.00
Program personnel will be required to dri~e and therefore will receive per mileage pay.
Destinations wili include program sites, retailers, and city offices. The per mile rat~ is
calculated at .445 per mile x 100 miles per week x 8 weeics, coming to a tatal of $356.
Materia! and Suppiies $1,566.27
Materials ar~d supplies are based on service to 100 teens. Ma#erials and supplies line
items are listed and descr~bed below.
Water - Because of the nature of the program and summer season, water will be provided
to participants. 25 cases x$fi.00 each =$750.
Sunscreen
Sunscreen wi~l be provided for participants as a pre~entative measure from sunburn. ~ 0
bottles of sunscreen x$7 each =$70
Ice C~ests
Four large ice chests wil! be required ~to keep water, snacks, and lunches cool. Four ice
chests x $4p each = $160
Heai#h,r~acks
Because teens will be going through physically enduring acti~ities throughout the program
day, snacks will be pra~ided to them in the afternoon =$300
-~s-
Fishinq Rods and Reels
Twenty-fi~e(25) rods and reels will be purchased to be used during kayaking expeditions.
25 sets of rods and reels x$25 each =$625
Bait and Tackle
Bait and Tackie for each fishing trip will be purchased. Prices vary depending on weight of tackle
and type of bait - $261.27.
Total Materia~s and Supplies = $1,566.27
Other Costs $1fi,100.00
AIE fees for program elements pro~ided by collaborating agencies and businesses are
included in other costs
Basic Water Safety Training -$30 x 100teens =$3,000
Sailing -$27 per teen x 50 teens =$1,350
Windsurfing $35 per teen x 50 teens =$1,750
TX State Aquarium Sea Lab =$5 per teen x 100 teens -$500
Fishing -$40 per teen x 50 teens =$2,000
Bus rental - CCISD transportation services -$7,500
Total oth~r costs = $16,~p~
Total Pros~ram Bud~~t
_ $27, 828
- ~~ -
Attachment C
STANDARD TERMS AND CONDlTIONS
(Community Youth Development Program Contracts)
Parties. For the purposes of this document, the Texas Department of Family and
Protective Se-vices will hereinafter be referred to as the Department. The City of
Corpus Chrisfi will hereinafter be referred to as the Fiscal Agenf. "City of Corpus Chrisfi
Parks and Recreation Deparfinent, Recreafion Cenfers Division"will hereinafter be
referred to as the Subcontractor. The Community Youth Development Program will
hereinafter be referred #o as CYD Program.
SECTION 1. LEGAL AUTHORITY
Subcan#ractor assures and guarantees that it possesses the lega! authority to enter into
this Contract, to recei~e the funds authorized by this Contract, and to pertorm the
services Subcontractor has obligated itself to perform under t~is Contract. The person
signing this Contract on behaff of Subcontractar hereby warrants that he/she has been
fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor
and to validly and legally bind the Subcontractor to ail 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 ager~cy, to audit
or investigate the expenditure of funds under #his contract or any subcontract.
Subcontractor further agrees to cooperate fully with the State Auditor's Office or its
successor, inciuding providing all records requested. Subcontractor wil! ensure that this
clause concerning ti~e authority to audit funds received Endirectly by subcontractors
through Subcontractor and the requirements to cooperate is included fn 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 ("OMB") Circulars A-$7, A-122, A-
110, and 40 Texas Administrati~e 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 shali control in the following
order af precedence: 45 CFR Part 92, 4MB Circulars A-87, A-122, A-110, and 4Q TAC
732.240-256.
SECTlON 2. INDEPENDENT C~NTRACTQR
It is expressly understood and agreed that the Fiscal Agent is contracting with
Su~contractor as an independent contrac#or. No provision of this Contract or act af the
Fiscal Agent in per~ormance of #his Contract shali be construed as making
S~abcontractor the agent, servant, or employee of the Fiscal Agent; employees of
Subcontractor are not employees of the Fisca# Agent; and Subcontractor is solely
_ 2p _
responsi~le for employee payrolls and claims arising therefrom.
SECTION 3. FINANCIAL LIM~TATIONS AND CONSIDERATIONS
A. This Contract is at ail times con#ingent upon the availabiiity and receipt of State or
~ederal fur~ds 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 ~-educed at the discre#ion of #he 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 ~erified sta#ement and after deducting any known pre~ious
overpaymen# made by the Fiscal Agent. If program income accrues, the
Subcontractor agrees to return to the Fiscal Agent any income that exceeds actuai
costs incurred for services rendered under thfs Contract. In no e~ent s~all
payments exceed the total budgeted amount as originally approved in th~s
Con#ract or as subsequently amended by both parties.
C. The basis fior payment for services rende~ed under this Contrac# is indicated in the
service terms in the budget. The Su~contractor agrees to this basis for payment
and to adhere to the fiscal and biiling policies and procedures of the Fiscal Agent.
The Fiscal Ager~t 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 regulatior~s.
The method of payment is cost reimbursement. This means that cos#s should only
be billed after they have act~ally b~en incurred and have been ~aid by the
Subcontractor. Costs should be billed to the manth in which they were incurred,
either on the primary billing voucher for that month or on a supplementa~ billing, if
#hey are not paid in time to include them or~ the primary ~oucher. Casts should not
be billed to the Fiscal Agent if they have not yet beer~ paid.
D. Payment for services rendered under this Contract will be made in accordance
with #he documentation outlined in #he Budget Information Summary and
Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment
shal~ be authorized or~ly upon the submittal of an appropriate invoice and
supporting documentation to the Fiscal Agent.
E. Invoices must be submitted at ieast once a mon#h as set fo~th in the Payment
Schedule as per Attachment A-2 of this Contract. Failure to comply with this
requirement will resuit in a delay in payment and wil! be subject to t~e provisions
concerning changes and amendments in this Contract.
F. Funds under this Con#ract cannot be earned prior to the first day nor after the last
day of the Contract Period..
- 21 -
G. The Fiscal Agent sf~all not be liable to Subcontractor for any charges under t#~is
Contract which exceed the total funding amount specified.
H. All funds ~r~earned or unexpended in the performance of #his Contract shall be
retained by the Department.
The Subcontractor is responsible for submit#ing biils in an accurate and #imely
manner by the 5th day following the month in which services are provided. The
Fiscal Agent will make reasonable efforts to process afl bills received in an
accurate and timely manner but does not warrant immediate payment.
Reimbursements to Su~contractor will be paid by the Fiscal Agent when payment
is received from the Department.
J. The Subcontractor understands and agrees that prior written approva! must be
secured:
For transfers betweer~ line items for any dollar amaunt. Lack of prior
approval in these instances will be grounds for nonpayment of the item or
it~ms invol~ed;
2. W#~en transfers, regardless of the amount, would result in a signi~icant
change in the character or scop~ of the programs. ~ack of prior approval
in these instances will be grounds for recovery of unappro~ed payments
ar~d termina#ion of #his 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 priar to incurring the expenselcost.
K. For unir rafe Confracts only: The Subcontractor shal! provide the Fiscal Agent a
total bifl each month in the format prescribed by the Fiscal Agent and shall accept
as payment in full fhe Contracted unit ra#e reduced by an amount equivalent to the
required percentage of cert~fied iocal resources as applicable.
SECTION 4. LIABILITY FOR REPAYMENT
A. Fiscal Agent retains the right to suspend financial assistance, in whole or in ~art,
to protect the integrity of funds or to er~sure 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. S~bcontractor shall assume liabili#y for repayment of funds
disbursed where such disbursement is subsequer~tly determin~d to be improper or
unauthorized. Subcontractor shali provide the Fiscal Agent with a feasible plan #or
repaymen# of disallowed costs with non-Federal funds. Repayment of such funds
to the Fiscal Agent shall be in accordance w~th the Prompt Payment Act.
- 22 -
Subcontractor shall also repay to the Fisca~ Agent any funds found to have been
paid for the same service from funds other than CYD Program funds. ln the case
of dUpficate payments, the Fiscal Ager~t may also withhold any earned fun~s of
Subcor~#ractor under this Contract or any other Contract pending satisfaction of
arry repayment obligatior~s under this Contract or any other Contract dus to
payments which were improper or unauthorized.
SECTION 5. CHANGES AND AMENDMENTS
The Subcontractor agrees to r~otify the Fiscal Agent immediately of any significant
change affecting the Subcontractor incl~ading, b~t not limited #o, change of
Subcontractor's name or identity, ownership or control, governing baard membership,
personnel, or payee identification number. Subcontractor shall provide notice in writing
to Fiscal Agent within #en (10) working days of change.
No char~ges or amendments to this Contrac# shall be made except in writ~ng 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 Fisca! Agent may gi~e a r~otice of modification or directive in the e~ent any
alterations, deletions, or additions are required due to changes in Federal or State
laws or reg~lations appficable to CYD programs, which changes shall take effect
automatically t~pon the effective date of such Federal or State laws or regulations.
B. Re~mbursemen# made to #he Subcontractor shall not exceed the Subcontractor's
actuai costs to pro~ide the services under this Contract and #hat the
Subcontractor's actual costs, both direct and indirect, must be allowable,
reasor~able and allocable according to 45 CFR Part 92, OMB Circulars A-87, A-
122, A-110, 40 TAC 732.240-256, and any other appficable r~gulations.
C. The Fiscal Agen# may give a notice of modif~cation or directi~e 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 Iocal program.
D. The Fiscal Agent may issue a policy directive that shall have fhe effect of
establishing, interpreting, clarifying or quatifying the terms of this Contract. Such
policy direc#i~es may not alter the terms of this Contract in order to relie~e the
Fiscal Agent of any obligation to pay for performance rendered or costs incurred
by Subcontrac#or prior to the date of such directive.
E. The Fiscal Agent may give a no#ice of modification to increase the amount of
funds available under this Contract if such funds become available and it is in the
best interest of the Fiscal Agent to do so without the solicitation ofi additional
proposals.
- 23 -
SECTION fi. ACCOUNTING REQUIREMENTS
The Subcontractor agrees to adhere to Generally Accepted Accounting Principles
promuigated by the American Institute of Certified Public Accour~tants and to follow
Fiscaf Agenf and Department fiscaf ma~agement policies and procedures in submittir~g
timely billing and maintaining finar~cial records required to be kept Under this Contract.
SECTION 7. RECORD KEEPINGIREPORTING REQUIREMENTS
A. The Subcontrac#or agrees to submit service deli~ery reports re~uired by this
Contract, self-evaluations of perFormance, and otl~er reports reques#ed by the
Fiscal Agent or Department in appropriate format and on a timeiy basis; and make
available a# reasonable times and for reasonable periods client records and other
programmatic or financial records, books, reports, and supporting ~ocuments for
re~iewing and copying by the Fiscal Agent, the Department, the U.S. Department
of Health and Human Services ("DHHS°}, or their au#horized representatives.
B. The S~abcontractor agrees to maintain financial, programmatic, and supporting
documents, statistical records, ir~ventories of nor~expendable pro~erty acquired,
and other records pertinertt to claims submitted during tt~e Contract Period for a
minimum of fi~e (5) years after the termination of the Contract Period, or for five
{5) years after the end of t~e Federal fisca! year in which services were provided i~
this Con#ract has no specific terminatian date. If any litigation, claim, or audit
invol~ing these reco~-ds begins before the fi~e (5} year ~eriod expires, the
Subcontractor will keep the records and documents for not less than five years
and until ali litigation, claims, or audit findings are resolved. The case is
considered resol~ed when a final order is issued in iitigation, or a written
agreemenf is entered into between the Departmer~~IFiscal Agent and the
S~bcontractor. Contract Period means the ~eginning date throug#~ the endir~g
date specified in the original Contract; extensions are considered to be separate
Con#ract periods.
C. Subcontractor shall complete and submit all necessary data on participants
enrolled in its program and must do so according #o instructions and definitions
pr~scribed by the Departmer~t and the Fiscal Agent.
D. Failure to su~mit required reports to the Fiscal Agent may result in wi#hholding by
the Fiscal Agent of any pay.ments otherwise due until such time as the
Subcontractor meets the delinquent obligations.
E. Subcontractor shalf submit a self-e~aluation report wit#~in 45 days following the end
of the Contract Period. The self-evaluation report should address #he
accomplishments of the programiservices, the effectiveness of the senrices
prov~ded, and the attainment of output measut~es, e~idence-based performance
measures and program gaals listed in this Contract.
- 24 -
SECTIQN 8. SUBCONTRACTING
A. Subcontractor agrees not to sublet, assigr~, transfer, convey or otherwise dispose
of this Contract or any right, title, obligation or interest it may have fherein to any
third ~arty without prior written appro~ak 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 pro~isions of the go~erning laws, the terms an~
conditions of this Contract, State of Texas policies, Federal regulations and Fiscal
Agent policies, including the qualificat~ons of the Subcontractor to pertorm and
meet standards of this Contrac~ and the Community Youth De~efopment Plan of
Operation. A non-go~ernmen#ai Subcontractor shall assume full liability for any
third party actions and shal! hold f~armless the Fisca~ Agent, the Department, and
the State of Texas from the actions of any third party. Failure by a non-
governmental Subcontractor to ir~form the Fiscal Agent of the intent to in~olve any
third party shall relieve the Fiscal Agent, the Department, and the State of Texas
of any and all iiability and may result ir~ initiation of procedures to terminate this
Contrac#, among other remedies that Fiscal Agent or Department may be en#itled
to seek. The Fisca! Agent shall ~ot be obligated or liable ~n~er this Contract to any
pa~ty other than Subcontractor for payment of any monies or for pro~isions of any
goods or services unless the Fiscal Agent in writing specifcally agrees to such
iiability.
B. The Subcontrac#or 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 tha~ i# shall provtde the services as represented in this Contract,
includir~g the ir~corporated documents, with no disruption to service deli~ery. A
similar statemen# must be signed by each Sub-subcontractor wf~o will provide
services as part of this Cor~trac#. Each Sub-subcontractor may be required to
submit ownership information and o#her ir~forma#ion related to this Con~ract. ThE
Subcontractor must disclose to Fiscal Agent any and all information regarding the
Sub-subcontractors as it perta+ns to this Contract, during tt~e Contract Period.
C. Subcontractor shall have protest procedures in place to handle and resoive
disputes relating to its procurement.
D. Any of the work or services specified in this Contract wh~ch shall be performed by
otl~er than Subcontractor shall be e~idenced by a written Contract specifying the
terms and conditions of such perFormance. Subcontractor shall maintain and
adhere to an appropriate system, consistent with Fed~ral, State, and local law, for
the award and monitoring o~ Contracts which contain acceptable standards for
ensearing accountability.
E. Subcontractor shali ensure tha# the performances rendered under a!I subcont~acts
are rendered so as to comply with all the terms and provis~ons of this Contract as if
the perFormances rendered were rendered by Subcontractor.
- 25 -
SECTION 9. PUBLICITY
The Subcontractor agrees to place prominent notices acknowledging the funding it
recei~es from the Fiscal Agent and Department in all of its iiterature that describes
services covered by this Contract. This notice will alsa appear in the Subcontractor's
anRUal financial report, if ar~y is issued. Additionally, the Subcontractor agrees to the
following:
A. Wher~ issuing statements, press releases, requests for proposals, b~d solicitations,
and other documents describing projects or programs fur~ded in w~ole 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 gi~e credit to the Departmer~t and Fiscal Agent as the funding
source in all oral representatior~s, written documents, publicity and advertisements
regarding any CYD activities. Wording sha~l be as follows: A Program Funded
through the City of Corpus Chris#i by the Texas Department of Family and
Protective Senrices.
C. Subcontractor shall not pub~ish or cause to ha~e published the resu(ts of its
function and participation in the program ac#ivity without prior review and appro~al
by the Fiscal Agent aRd Department.
SECTlON 10. TECHNlCAL ASSISTANCE
A. The Fiscal Agent will provide a central information system for complete information
on each participan# and will maintain a central comm~nication system for the
proper and timeiy disbursement of information and resource documents. The
Fiscal Agent will pro~ide technical assistance fiound #o be needed through
performance reviews or monitoring reports.
B. The Fisca! Agent may schedule staff meetings, other meetings or training sessions
to assist in the administration of this Contract. Subcontrac#or shafl ensure the
attendance of its director or other specified personnel at such meetings.
SECTION 11. MONITORING AND ASSESSMENT
A. T~e Subcontractor agrees to pro~ide services in accordance with the provisior~s of
this Contract and to allow the Fiscal Agent and Department, and their
representatives, to monitor, audit, evaluate, and otherwise review the services
provided and related documentation.
B. The Subcontractor agrees to cooperate #ufly in any social studies or fiscal and
programmatic monitoring, auditing, evaluating, or other reviews pertaining to
- 26 -
services rendered by the Subcon#ractor which may be conducted by the Fiscal
Agent, the Department or DHHS, or their authorized representati~es; and to be
responsEble for any audit exception or other payment irregularity regarding this
Contract or subcon#racts, which may be found after re~iew by the Fiscal Agent, the
Department or DHHS; and to be responsible for the timely and proper collection
and reimbursemen# to the Fiscal Agen# and the Depa~tment of any amount paid in
excess of the proper biliing amount.
C. Representatives of the Fiscal Agent and Department may periodically, without
advance notice, monitor Subcontractor for compliance, financial management and
pertarmar~ce of the terms and cor~di#ions 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 re~iew of results of criminal background checks and affidavits required
under this Contract of all Subcontractor employees or ~olun#eers in direct client
contact.
D. Upon conclusior~ of a monitoring re~iew, the Fiscal Agent or Department wilf
present all fiindings an~ recommended correcti~~ actions, i~ applicable, to
Subcontractor.
E. Uniess otherwise directed, Subcontractor shail 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
irreguiarities identified in the monitor~ng report.
F. The Fiscal Agent or Department, as may be applicable, upon receipt of
Subcontractar's written response to the monitoring report, shal! 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 ar
standards need to be modified. Regardless of the course of action tak~n, the
Fiscal Agent shall ensure that positi~e actions, procedures, and practices are
initiated to preclude recurrence or nor~-compliance. Upon written request, the
Fiscal Agent shali provide technical assistance to Subcontrac#or in correcting the
deficiencies noted. Fiscal Agent shall conduct follow-up visits to review pending
deficiencies and to assess the ~fforts made to correct them. Ifi such deficiencies
persist, Fiscal Agent may withhold funds and move to terminate this Contract.
G. All such correcti~e actions shall remain open pending compietion and issuance of
a written statement of closure by the Fisca! Agent or Department, as app#icable.
SECTlON 12. PROPERTY
A. The Subcontractor agrees to assume responsibility for the protection of al! physica~
property and equipment used at facili~ies being maintair~ed to carry out this
- 27 -
Contract and take appropriate measures to meet this obligation. All such property
wilf be adequately safeguarded against ~andalism, loss, damage, or theft.
Subcontractor must acquire and maintain property insuranc~ for any and all
eq~ipment purchased with CYD Program fiunds. The Fiscal Agent, the
Department, and the appropriate authorities shall be notified in writing in the case
of th~ft, or suspected #heft, within twenty-four (24} hours o~ disco~ery. Any
missing, damaged, or destroyed property wi11 be reported immedia#ely in writing to
the Fiscal Agent and the Department and will incl~de the circumstances
concerning the loss. An investigation shali be conducted by the Subcontractor to
determine the cause, and #he results shall be reported in writing to Fiscal Agent
and the Department. Any property miss~ng, damaged or destroyed shall be
replaced by the Subcontractor, at Subcontractor`s owr~ expense. In additior~, in #he
ever~t of any theft, ~anda~ism, or other offense against the property or equi~ment,
the Subcontractor shall no#ify the appropriate local law enforceme~t authorities.
B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding
t~e re#urn to the Department of any equipment bought under this Contract with
funds aflocated to the Fiscal Agent or the Subcontractor. The Subcontractor
agrees that it will not gi~e any security interest, lien, or otherwise encumber any
item of equipment purchased with Contract funds. The Subconfrac#or agrees to
permanently iden#ify all equipmer~t with appropria#e tags or labels affixed to the
equipment and to maintain a current inventory record of the equipment which must
be made availabie to the Fisca~ Agent and #he Department upon request.
C. The property shall be maintained in good condition at al~ times. Unless wai~ed by
the Fiscal Agent and Department, all maintenance and repair costs associated
with any property shall be borne by fhe 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.
SECTiQN '13. YEAR 2000 COMPL~ANCE
Subcontrac#or ~as full responsi~ifity to anticipate and mitigate any four-digit-year
related events that could adversely affect the timely performance of this Contract
or the da#e-related operations of any goods, files, or services provided pursuant to
it. Subcor~tractor warrants the fault free performance in the processing of date and
date-related data by any product developed and delivered to Fiscal Ager~t
pursuant to this Contract. Fault-free performance inciudes ma~ipulation of data
witl~ dates priorto, throug~, and beyond January 1, 2000, and during leap years.
Subcontractor agrees that a~l software developed and delivered pursuant to the
con#ractual requirements herein shall use four-digit-year elements. Subcor~tractor
further agrees that four-digi#-year elements will be used in any electronic data
interchange that may occur wi#h the Fiscal Agent as a result of this Contract.
Subcontractor shall not be entitled to addit~onal compensation or additional #ime to
perform these obligatior~s.
- 28 -
SECTION '14. TAXES
The Fiscai 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 Sectiar~ 530 of #he 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 woricers' compensatior~ 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 Federai or State withhalding
requirements. The Subcontractor must comply with a!I Federal and State tax laws and
withholding requirements. The Subcontractor shall indemr~ify the Fiscal Agent and
Department and pay to the Fiscal Agent or Department a!I costs, penalties, or losses
whatsoever occasioned by the Subcontractor's omission or breach of this section.
SECTION 1~. DISPUTES
The Fiscal Agent is responsible for hearing any grievances, inciuding disputes, claims
or protests, arising out of the administration and operations of programs fund~d under
CYD Program. Non-discrimir~ation complaints alleging a violation of the CYD Program
must be initiated by fiiing a Grievance Information Form within 3fi5 days of the action
complained of. Non-discrimination complaints that da not aflege a ~iolation of the CYD
Program may be initiated by ~ling a Grievance lnformation Form within 30 days of the
action complained of. Correspondence regarding a complaint or grievance shouid be
directed to the attention of the Fiscal Agent.
SECTIQN 'ffi. iNDEPENDENT AUDIT
The Subcontractor agrees to submi# an annual financial and compliance audit of the
Subcontractor's ~scal year-end in accordance with the Single Audit requirements of
OMB Circular A-133 (Audits of State, Local Ga~ernment, and Non-Pfofit Organizations}.
A. Subcontractor understands and agrees that it shall be liable for all costs
associated with said audit.
B. SUbcontractor understands and agrees that it shall be liable to the Fiscal Agent for
any costs disallowed as a result of said audit ir~ accordance with the °~iability for
Repayment" provisions ofi this Contract, as set out in Section 4 ot these Standard
Terms and Conditions.
C. The Fiscal Agent and Department reserve the right to canduct an independent
audit of all funds received ~nder this Contract. The audit may be perFormed by th~
Fiscal Agent, a certified public accour~ting firm, or other auditors as designated by
the Fiscal Agent or the Department. Such audit will be conducted in accordance
- 29 -
with applicable professional standards and practices.
D. In the event a final audit has not been perForme~ prior to termination of this
Contract, the Fiscal Agent shafl retain fhe right to recover funds after fully
cor~sidering the recommendatior~s on disalfowed costs resulting from such final
audit.
E. Subcontractor and auditors perForming monitoring or audits of Subcontractor or its
Sub-Subcontractors shall tmmediately report to the Fiscaf Agent and the
Department any incidents of fraud, abuse, or other criminal acti~ity in the relation
fo the pro~isions of this Contract or applicable State Regulations.
SECTION 17. PREVENTION OF CONFLICTING INTERESTS
A. Every reasonable course o~ action shali be taken by the Subcor~tractor #o maintain
the integrity of this expenditure o# public funds and to avoid favori#ism and
ques#ionable or improper conduct. This Contract shall be administer~d in an
impartiaf manner, free from personal, financial, or poiitical gain. Subcontractor, its
executive staff, artd employees, in administering this Contract, shall avoid
situations tha# give an appearance or suggestion that ar~y decisior~ was influenced
by prejudice, bias, specia! interest or desir~ 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 Cvntract which affects his/her financial in#erest.
C. Executives and employees of Subcontractor shall be particularly aware of th~
~arying degrees of influence that can be exerted by personai friends and
associates and shall exercise due diligence to avoid situations whicF~ gi~e 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 in~olving a
Subcontrac#or who is also a friend or associate of a member, officer, agent, or
employee of the Fiscal Agent or #he Department shall be retained when it is in the
public interest for the Fiscal Agent or the Department to conduct business with
such person. .
D. Members, officers, agents, and employees of the Fiscal Agent or the Department
and elec#ed officials shall ~ot 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 #he Fiscal Agent or the Department. Supplies,
materials, equipm~nt, or services purcF~ased with Contrac# f~ands shall be used
solely for #he purposes allowed under this Contract. No member of the Fiscal
Agen# or the Department shall cast a vote on the provision of services by that
member or by any organizatior~ which that member represents or vote on any
matt~r which would pro~ide direct financial benefit #o that member or any bus~ness
- 30 -
or organization which the member directiy represents.
SECTION 18. FRAUD AND ABUSE PREVENTION
A. 5ubcontractor shall establish, maintain, and utilize internal program management
proced~res sufficient to provide for proper and effecti~e management and the
prevention of fraud and abuse in all activities funded under this Contract.
B. Failure on the part of Subcor~tractor #o compiy wit~ th~ provisions of this Contract
or with the Department, or applicable regulations, when such failure involves fra~d
or misappropriation of funds, may result in immediate withholding of funds and
termination of this Contract for cause.
C. Subcon#ractor shall ensure diligence in maintaining programs under this Con#ract
including the carrying vut of appropriate monitoring activities and in taking
immediate corrective action against known ~iolations of Department regulations.
D. Subcontractor shali notify the Fiscal Agent and Department immediately, by the
fas#est means availa~le, upon disco~ery of any incident of fraud, or suspected
fraud, in~ol~ing #his program.
SECTION 19. INDEMNIFICATION
The Subcontractor shall indemnify and hold harmless the Fiscal
Agent and the Departmenf, their officers, agen#s, representatives, and
employees, from and against any and al! claims or losses for physical
damage to property or injury to persons resulfing from negligence,
misconduct, or any act or omission on the part o~' the Subconfraci~or,
its officers, agents, employees, representatives, or Sub=
subcontractors. !n the evenf of Ioss, damage, or destruction of any
properfy due to the negligence, misconduct, act or omission of fhe
Subcontractor, the Subcontractor shall indemnify and pay full cost of
repair, reconstrucfion, or replacement, at fhe discretion of fhe Fiscal
Agent and Department Such cost shall be due and payable by the
Subcontractor within ten (10) calendar days after the date of recerpt of
written notice from the Fiscal Agen# or Department of the amount due.
The Sfate of Texas, Department, and Fiscal Agent, and #heir
respective employees, officers, agents, and representatives can
neither agree to hold the Subcontractor harmless nor agree to
indemnify the Subconfractor and any provisions to the confrary are
void.
- 31 -
SECTION 20. SECTARiAN INVO~VEMENT PROHIBtTED
Subcontractor shall ensure #hat no funds under this Contract s#~all be used directly or
indirectiy in the support of any religious or anti-religious activi#y, worship, or instruction.
SECTION 21. PQLiTICAL ACTIVITYILOBBYlNG
The Subcontractor will not use any funding under this Contract to influence the outcome
af elections or the passage or defeat of any legislative measures.
No funds provided under this Contrac# may be used in any way to influence or attempt
to influence in any manner a member of Congress to favor or oppose any legislat+on or
appropriation by Congress or for lobbying with State ar local legislators. Subcon#ractor
shall comply with the requirements of New Res#rictions on Lobbying impased by 29
CFR 93, dated February 26, ~ 990, clarified by Notice in the Federal Register, Vol. 55,
No. 116, dated June 15, 1990, and codified at 31 United States Code ("U5C"} 13~2, as
amended. Subcontractor shall comply with the certification and discios~re requirements
in Attachment F to this Contract.
SECTIQN 22. NON-DISCRIMINATION AND E UAL OPPQRTUNlTY
A. Subcontractor shal! comply with all applicable Federal and State regulations and
with Department policies and procedures regarding services delivered under this
Contract including, buf not limited to, the following:
Title VI ot the Civil Rights Act '! 964 (Public Law 88-352), Section 504 of #he
Rehabilitation Act of 'I973 (Pubfic Law 93-112}, The Americans with
Disabilities Act of ~990 (Public Law 1Q1-336), and all amendments to each,
and all requirements imposed by the regulations issued pursuant to these
Acts. In addition, the Subcontractor agrees to comply wfth Title 40, Chapter
73, of the Texas Administrati~e Code, as amended. These laws provide in park
that no persons i~ tf~e United States shall, on the grounds of race, color,
national origin, sex, age, physicallmental disability, drug or alcohol abuse or
alcoholism, political beliefs, or religion be excluded from participatior~ in or
denied any aid, care, service or other ber~efits pro~ided by Federal or State
funding or otherwise be subjected #o discrimination;
2. Texas Health and Safety Code, Section 85.113, as amended, relating to
workplace and confider~tiality guide~ines regarding AIDS and H~V);
3. lmmigration Reform and Contro~ Act of 1986, as amended, regarding
empfoyment verification and retention of verffication forms for any individuals
who will perform any labor or services under this Cor~tracf;
4. Estabfish a method to ens~re the confidentiality of records and other
- 32 -
information rela#ing to clients according to applicable Federal and State laws,
rules, and regulations. This provision does not limit the ~iscal Agent's or the
Department's right of access to client case files or o#her information relating to
clients senred under this Contract. The Department shall ha~e an absolute right
of access to and copies of such informa#ion, 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 #orth in job descriptions required by the
Department, only personnel with the required quaiifications will be assigned to
fill #unctions unless a written waiver is granted by the Department;
7. Verify and disclose, ar cause its employees and volunteers to verify and
disclose criminal ~istory and any current criminal indictmer~t involving an
offense against the person, an offense against #he #amily, or an offense
in~olving public indecency ~nder the Texas Penal Code as amended, or an
offense ~nder Chapter 481 af the Texas Health and Safety Code. This
verification and disclosure wiil be required of atl who ha~e direct contact with
clients or who have aceess to personaf client information prior to such contact
or aecess, and shall be accomplished thro~gh 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 maintai~ed by the
Subcontractor available for review by the Fiscal Agent or the Department and
renewed e~ery two years.
8. Comply with Federal ,State and local licensing and certifica#ion requirements,
health and safety standards, and reguia#ions prescribed by #he DHHS and
TDPRS;
9. All applicable standards, orders, or regulations issued pursuant to the Clean
Air Ac#, 42 USC 7401 et seq., as amended, and the Federal Water Pollution
Control Act, 33 USC 1251 et seq., as amended;
1 Q. Immediately remove any agent, officer, employee, representative, or voiunteer
from direct client contact who is alleged #o ha~e committed child abuse,
neglect, or exploitation, or an offense against the ~erson, an offense against
the family, or an offense in~olving public indecency under the Texas Per~af
Code, as amended, or an offense under #he Texas Controlied Substances Act.
If it is determined that the emplvyee or ~olunteer has not committed such
offenses, the employee or volunteer may again be assigned to direct client
contact; pro~ided however, the Subcontractor shall notify the Fiscal Agent and
the Department of i#s intent to reassign within ten (10) working days prior to the
reassignment. The Su~contractor must pro~ide the Fiscal Agent and the
- 33 -
Department with further information concerning the reasons for #he
reassignmen# upon the r~quest of the Fiscal Agent or the Department. ~f #he
~mployee or volunteer is found to have committed any of the offenses listed in
this paragra~h, the empEoyee or ~oiunteer shall not be reassigned to dt~ties
involving any direct contact with clien~s. Subcontractor may request that the
Fiscal Agent and Department waive this Contrac# provision with respec# to a
specific employee or volun#eer and specific misdemeanor charges;
11. Federal Financial Participation (FFP) requirements in accordance wi#h Titles 45
and 48 of the Code of Federal Regulations and Federal circuiars, as amended;
12.AItow any of Subcontractor's employees to testify ~n judicial proceedings and
administrative hearings, at the request o# the Departm~nt or Fiscal Agenf; and,
13. Mandatory standards and policies relat~ng to energy ~fficiency which are
contained in the State energy conservation plan issued in compfiance with the
Energy Policy and Canservation Act (Pub~ic Law 94-1 fi3), as amended.
B. The Subcont~-actor shall have written participant and employee grievance
pracedures consistent with applicable Federal and State re~uirements. The
Subcontractor shal! establish and maintain complaint procedures to resolve ail
complaints arising directly or indirectly aut of this Contract.
C. As subcontrac#s and supplier contracts ~ecome necessary to carry aut the
reqvirements af this Contract, Subcontractor co~enants to make a good faith effort
to cantract with historically underu#ilized or disadvantaged businesses certified as
such by the State oi Texas. Subcontractor shall make a good faith effort to
contrac# at least thirty (30) percent o~ the total value of aEl subcontracts ar~d
supplier contrac#s for the pertormance of the activities required by this Contract to
historically underutilized or disad~antaged businesses.
SECTION 23. HEALTH AND SAFETY STANDARDS
Health and safety standards established under Federal, State ar~d local laws are
applicable to working conditions of participants in programs under this Contract. With
respect to any ~articipant in a program conducted under this Contract who is engaged
in activities which are not covered by health and safety standards under the
Occupationa! Safety and Health Act of 1970, as amended, the Fiscal Agent and the
Department may prescribe such standards as may be necessary to protec# the health
and safety of such participants.
SECTIQN 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 protecti~e
services and other services under this Contract. The Subcontractor shall obtain
- 34 -
and furnish proof of the following bonding and insurance coverage within farty-
eight (48) hours of the award of #his Contract or at such other time as may be
speci#ied by the Fiscal Agent or t#~e Department:
1. Dishonesty bon~ing ur~der a commercial crime policy or business services
bondir~g, at a$10,000.00 minimum or up to the Contract amount, whichever is
greater;
2. Commercial General Liability Coverage at a fi~e hundred thousand dollar
{$500,QQ0) minimum for each occurrence limit and one million dollars
($9,000,000} minimum aggregate limit. The Fiscal Agent and Department shall
be provided with at least 30 days notice of ~olicy or bond cancellation, intent to
not renew, or material change in the policy or bond;
3. Automobife liability insurance in #he broad form, applicable i~ Subcontractor
uses ar~ 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 ~ven#
Subcontractor requires its empfoyees, trainees, ~olun#eers, or other agents to
utilize their own automobiles in the performance of this Contract, Subcontractor
shal! secure and maintain on file from al# such persons a self-certification of
such co~erage; and
4. Workers' compensation and adequate on-site medical and accident insurartce
shall be required for all of Subcontractor's employees and enroll~d participants,
respecti~ely, appropriate to participant activity. Workers' compensation
coverage s~all be required of all organizations serving as employers of record
for any ~articipant, whether that organization is the Subcontractor or a third
party; on-site medical and accident insurance shall be required for all non-work
setting and ciassroom training acti~ities for participants not qualifying as
employees under the workers' com~ensation laws. Participants wF~o are
employees must be given comparable benefits afforded by the employer to
other employees of similar standing in the employer's workforce.
B. All co~erage must be with insurance companies or carriers ra#ed for financial
purposes "A" or better whose policies cover risks located in the State of Texas. All
bonds, policies, and co~erage described above shalf be maintained during #he
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 en#ity with taxing autharity, Subcon#ractor
shall be required to provide only the workers' compensation insurance coverage,
-- 35 -
as set out above, but shall also be subject to the indemnification pro~isions
contained in Section 19 (lndemnification) of these Star~dard Terms ar~d
Conditions.
E. The Fiscal Agent shal! be named as a Certificate Holder on all policies named
above and such co~erage shal~ not be canceled or materially changed ur~less, 30
days prior to the effective date, a written no#ice is sent to the Fiscal Agertt at #he
address specified in this Contract. Unless wai~ed 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 Subcontrac#or shalf comply with the Federal regu~ations implementing
Executive Order '12549, Debarment and Suspension, 29 CFR Part 98, as
amended, and, ir~ so doir~g, provide to #he Fiscal Age~t and the Departmer~t, upon
Subcontractor's signature and execution of this Contract and prior to Fiscaf
Agent's execution af this Contract, a certification bearing the following statement:
Se~bcontractor certifies that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or
~oluntarily excluded from participation in this #ransaction by ar~y Federa~
department or agency.
A copy of this certificate and regulations shal~ be provided to Subcontractor by
Fiscal Agent.
B. Additionally, t~e Subcontractor shall comply with this regulation and requirement
with regards to its subcontractors. Subcontractor shali require the same
certification from its subcontractors, which shall be totwarded to Fisca! Agent along
with the request for Sub-subcontractor appro~a! as required by Sectior~ 8
(Subcontracting) of these Standard Terms and Conditions.
SECTION 2fi. NOT~CE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
A. In developing, copying, and disseminating reports or other information under this
Contract, the Subcontractor agrees to the following:
Grant to the Department the right to copyright, use, reproduce, and distribute any
material written or pro.duced by the Subcontractor #hat is the subject of this
Contract; and
2. Defend any claims, suits, or proceedings brought against #he State of Texas,
the Department or the Fiscal Agent on the issue of infringement of any
copyrigf~t by any product, or any product part, suppli~d by the Subcontractor to
the Fiscaf Agent or Department under this Contract. The SUbcontractor wil!
- 36 --
pay, subject to limi#ations specified in this section, any final judgment entered
against the S#ate of Texas, the Department, or the Fiscal Agent on ~his issue
in any suit or proceeding defended by the Subcontractor. The Subcontractor
will be relie~ed of this obligation i#, within 30 days after the Fiscal Agent and
Department recei~e notice, the Fiscal Agent or Department #ails to notify the
Subcontractor in writirtg of any claim, suit, or proceeding and, at the
Subcontractor's expense, gi~e the Subcontractor all informatior~ needed to
de#end any claim, suit, or proceeding subject to the jurisdiction of the Attorney
General af Texas.
B. With respect to any inventi~n res~lting from this Contract, the Fiscal Agent and the
Department have a nonexcfusive, r~on-transferable, irrevocable, pai~-up license to
practice or ha~e prac#iced the subject invention throughout the world.
C. The Subcontractor shall report to the Fiscal Agent and the Department within 30
days and in reasonabl~ written detail each notice or claim of pafent or copyright
infringement based on the performance of this Contract of which ti~e
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 a~y supplies furnished or work or
services performe~ ur~der this Cor~tract, the Subcontractor shall furnish #o the
Fiscal Agen# and #he Department, when requested, all e~idence and infarmation at
the expense of the Fiscal Agent or the Department except where the
Subcontractor has agreed to indemni#y the Fiscal Agent or the Department.
E. The Subcontractor agrees to include, and require inciusion ofi, this ciause in all
subcontracts at any tier for supplies or services expected to exceed $15,000.
SECTION 27. DISCLOSURE OF CONFlDENTIAL INFORMATION
Subcontractor agrees to maintain fhe confidentiality of any information regarding
applicants, program participants, ar~d their immediate families which may be obtained
through apptication #orms, interviews, tests, reports from public agencies or counselors,
or any other source. Without fhe permission of t~e applicant or participant, such
information may be disclosed only as necessary for purposes r~lated to the
performance or evaluation of this Contract and to persons having responsibilities under
this Contract. However Subcontractor's information ma be sub'ect to re uired ~blic
disclosure under th~ Texas Public Information Act Cha ter 552 of the Texas
Government Code.
SECTION 28. C~MMUNICATIONS
All notices and requests gi~en to or made #o the parties must, except as otherwise
specified, be ~n wri#ing and delivered or mailed at the no#ice addresses specified on the
- 37 -
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 gi~en
~pon actual defivery or depositing the same with the U.S. Postal Service, properiy
addressed, postage prepaid, certi~ed mailr return receipt req~aested.
SECTION 29. GENERAL STANDARDS ~F PERFORMANCE
A. Subcontractor agrees that the level of services and acti~ities perFormed shall be
maintained in accordance with the terms and conditions of this Contract.
B. The PerFormance Meas~ares, Attachment A-1 to this Contract, Statement of Work,
Attachment A-2 to this Contract, Budget, Attachment B-1 to this Cont~act, and
Budget Narrative, Attachment B-3 to this Contract, constitute promised
per#ormance under this Contract. If Subcontractor fails to meet the performance
goals for any monthly period as specifie~ under this Contract, this Contract is
subjec# to obligation or termination in accordance with #his Contrac#.
SECTION 30. ENTIRE AGREEMENT
A. AI! oral or written agreements between the parties relating to the subject matter of
#his Contract made prior to the execution ofi this Contract ha~e been incorporate~
herein.
C. Subcontractor understands and agrees that the Attachments designated on the
Cover Sheet of t~is Contract are a part of this Contract and constitute promised
perFormance by Subcontractor under this Contract.
SECTION 31. CONTINGENT ON FUNDiNG
This Contract is at al! times contingent upon the availabili#y and receipt of Federal or
State funds that the Fiscal Agent and Department have aliocated to this Contract; and if
funds for this Contract become unavailable dunng any budget period, this Contract may
be immediately terminated or reduced a# the discretion of the Fisca~ Agent or
Department.
The Fiscal Agent's obligation is contingent upon the availability of funds from which
~ayment for the Contract car~ be. made. No legal liability on the part of the Fiscal Agent
for payment of any money arises unless and until f~nds are made available to the
Fiscal Agent.
SECTION 32. TRAINER QUALIFICATIQNS
A. Subcontractor agrees to ensure that instructors, trainers, counselors and other
professional and paraprofessionaf staff shall be properiy certified where required
by tl~e Federaf, State or locaf laws. Subcontractor agrees to ensure that
instructors, trainers, counseiors professionai and paraprofessional and other staff
- 38 -
shall possess education, training, and ar experier~ce to pro~ide the skills,
knowledge, and abilities necessary to per~orm 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 le~el negotiated and contracted for
between the Subcontractor and the Fiscal Agent. Changes in staff positions or
reduction in hours shall ~e immediately reported to Fiscal Agent for re~iew and
approval.
C. Subcontractor agrees and understands the performance of work proposed,
negatiated, and contracted for must be maintained at the level agreed upon at
initiation of #his Contract. Any deviation from these requirements must be reported
to Fiscal Agent. Failure to maintain ~ualified personnel, the required le~el of
perFormance, appro~ed curricuium, 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 refur~d of amounts to Fiscai Agent or Department.
SECTION 33. TERMINATION
A. If the Subcontractor fails to provide services according to the pro~isions 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 remedfes pro~ided by law or under
this Contract.
B. The Fiscal Agent or the Department, based on informa#ion from moni#oring 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 compiiance with any contractual provision;
2. to reco~p payments made to the Subcontractar or impose administrative error
sanctions based on audi# findings of violatioRS of Contract requirements; a~d,
3. to suspend, place into abeyance or remo~e any contractual rights to it~clude,
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 judic~ally interpreted
so that either party cannot reasonably fulfill this Contract, and if the parties cannot
agree to an amendment that would enable substantial contir~uation of the services,
the parties shall be discharged from any further obiigations under this Contrac~.
- 39 -
D. This Contract may be terminated at any time by mutual conser~t. In addition, either
pa~#y to this Contract may consider it to be ca~celed by gi~ing 30 days advance
written notice to the other party. This Contract will be termir~ated at the end of fhe
30 day ~eriod. Nothing in this section shal! be construed to prohibit immediate
termination of the Contract pursuant to the sectior~s above. This Contract shal!
otherwise terminate by the dat~ specified in the Con#ract Co~er Sheet.
E. At the end of the Contract term or other Contract termination or car~cellation, the
Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent
and the Department, shall aid ir~ the tra~sition to any new arrangement or provider
of services. The respective accrued interests or obligations incurred to date of
termination mus# also be equitably settled.
F. The Department shafl suspend or revoke this Contract if the Subco~tractor is
found liable for or has a contract, license, certificate or permit of any kind revoked
for Medicaid fraud. The Fiscal Ag~nt shall also suspend or revoke this Contract if
the Subcontractor's license, certificate or permi# has been revaked by any agency
!is#ed in Article II of t~e General Appropriations Act passed by the 75th Legislature
of the State of Texas, as it may be amended.
SECTION 34. FORCE MAJEURE
The Subcontractor agrees to be financially liabfe for undue delays or fai~ures in Contract
performance except for any delay in or failure of ~erformance of any requir~ment
caused by force majeure (i.e., those causes generaily recognized under Texas !aw as
constituting impossible conditions). Such delays or failures to perform shall extend the
period of perFormance at the discretion af #he Department, in #he exercise of reasanable
diligence, unti~ these exigencies f~ave been removed. The Subcontractor shall inform
the Fiscal Agent and the Department in wri#ing of proof of such force majeure withir~
three {3) business days or otherwise wai~e this rrght as a defense. The Subcontractor
agrees #hat breach of this provision er~titles 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 liq~idated damages including t~e amount of
any bond for Contract amount, and any other remedies available to the Fiscal Agent
and Department under the terms ot this Contract, in equity, or und~r Texas law.
SECTION 35. MONTHLY PERFORMANCE REVIEW
Subcontractor and Fiscal Agent shal! meet at least monthly to re~iew Subcontractor's
perFormance to determine whe#her Subcontractor is meeting all performar~ce measures
ider~tified in Attachmen# A-1.
- 4Q -
SECTION 3fi. SUSPEN510N OF PAYMENTS
If the Fiscal Agent determines in its sole discretion that Subcor~tractor is not meeting all
pertormance measures in Attachment A-1, or if Fiscal Agent determines in its sole
discretion that Subcontractor is not in complianc~ with all provisions of the Con#rac#, the
Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal
Agen# may staspend paymer~ts to Contractor until such time as Cor~tractor is in f~al!
complia~ce wifh the performance meastares and ail other provisions in this contract..
SECTION 37, . REPAYMENT OF FUNDS.
Subcontractor shall issue repayment of funds to Fiscal Agent wi#hin 30 days of Fiscal
Agent's written demand for repayment if Fiscal Agent determines in its sole discretion
that Subcontractor has not met the Performance Measures iden#ified in Attachment A-1
which relate to: number of unduplicated youth served, timely su~mission of billings and
monthly reports, youth served under the age of 10, percentage of participants in~olved
in menforing services, completed asset surveys ( initial and follow up asset surveys),
completed satisfaction questior~s, demonstration that CYD youth have increased
assets, CYD participants perceive services as effective and percentage of non referred
CYD Youth to j~a~enile probation.
- 41 -