HomeMy WebLinkAboutC2008-441 - 11/18/2008 - ApprovedCONTRACT
(Cover Sheet)
TITLE OF CONTRACT: Community Youth Development
CONTRACT NO.: CYD 2009-3
This contract ("Contract") is entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and
the following named Subcontractor:
CITY: SUBCONTRACTOR:
City of Corpus Christi-PARD-CYD Nueces County MHMR
226 Enterprize. Ste. 104 1630 South Brownlee
Corpus Christi, TX 78405 Corpus Christi, TX 78404
Telephone: (361) 826-4028 Telephone: (361) 361-886-6900
FAX: (361) 299-1410 FAX: (361) 361-883-5842
Contact Person: Celina Pulcher Contact Person: Diane Lowrance
Subcontractor agrees to provide services in accordance with the provisions of this Contract and under
the Community Youth Development Program ("CYD") funded by the Texas Department of Family and
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, 6-2, and B-3)
Standard Terms and Conditions (Attachment C)
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the
information provided to the City is true and correct in all respects to the best of its knowledge,
information, and belief.
The obligations of the City of Corpus Christi underthis Contract are expressly contingent upon the
availability of funds for such purpose under the funding sources:
/uo~~~~-,3 f ~ AUTHORIZED
CONTRACT PERIOD: From: September 7, 2008 Through: August 31, 2009 ~, COtlNCIL ~ ~8~,69
FUNDING OBLIGATION: Not to exceed $30,000 for FY 2009 for Contract Period ~ ~ •
stated above. '°'~'~••••-
SECR AR~-
Executed in triplicate, each of which recognized as an original.
ATTEST: City ~ Corpus Christi
-__ __._ lL~ _.
Armando Chapa A E co ar
City Secretary I terim City Manager
Legal form approved ~ i2 , 2008;
2008-441 -
11/18/08
M2008-300 '~
Nueces County MHMR
Subcontractor:
Nueces County Mental Health and Mental
Retarda^ti~on Center//~~
Name: Diane Lowrance
Title: Executive Director
Date: Nov. 4, 2008
78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM
Nueces County Mental Health & Mental Retardation
TABLE OF CONTENTS
Contract Cover Sheet
Pape No.
Table of Contents ............................................................................................ i
Contracted Performance Measures (Attachment A-1) ................................1
Statement of Work (Attachment A-2) .............................................................4
Budget Information Forms (Attachment B-1) ................................................10
Reimbursement Request Form (Attachment B-2) .........................................14
Budget Narrative (Attachment B-3) ................................................................15
Standard Terms and Conditions (Attachment C) ..........................................17
Sections
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
A 'I
~, .
18.
Legal Authority
Independent Contractor
Financial Limitation
Liability for Payment
Changes and Amendments
Accounting Requirements
Record Keeping/Reporting Requirements
Subcontracting
Publicity
Technical Assistance
Monitoring and Assessment
Property
Year 2000 Compliance
Taxes
Disputes
Independent Audit
~~+/ventian-af~~nflieting-Interests--
Fraud and Abuse Prevention
19. Indemnification
20. Sectarian Involvement Prohibited
21. Political Activity/Lobbying
22. Non-Discrimination and Equal Opportunity
23. Health and Safety Standards
24. Insurance
25. Debarment and Suspension
26. Notice and Assistance Regarding Patent and Copyright Infringement
27. Disclosure of Confidential Information
28. Communications
29. General Standards of Performance
30. Entire Agreement
31. Contingent on Funding
32. Trainer Qualifications
33. Termination
34. Force Majeure
35. Monthly Performance Review
36. Suspension of Payments
37. Repayment of Funds
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
ii
Attachment A-1
Nueces County Mental Health and Mental Retardation Center
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 wilt contract with Service Providers to meet the following
performance measures for contract period, September 1, 2008 thru August 31, 2009.
Output #1: Number of youth served
Indicator: Number of unduplicated registered youth served during the contract period as
reported through participation data entered into the Prevention and Early Intervention
Services database, which will be September 1, 2008 through August 31, 2009 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: 160
Output #2: Timely submission of Billings and Monthly Reports
Indicator: Percent of monthly billings and reports submitted within 5 days after the close of
a month of service.
Target: 90%
#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 service.
If the cap is exceeded, those youth may be considered ineligible and costs may be
disallowed.
Target: 20%
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Output #4: Participants involved in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted grades
(4m _ 8m)
Target: 90%
Output #5: Completed Asset Survey
Indicator: Percent of youth registered by a service provider that complete an initial (pre)
asset survey and afollow-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 CYD
services. Data collected from Protective Factor Surveys (see Output #4) will be used to
calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth
at the beginning of the contract period or when services are initiated, will be compared to
the follow-up (post) Protective Factor survey. Follow-up (post) Protective Factor surveys
will be completed Follow-up (post) Protective Factor surveys will be completed between 15
days prior to and 15 days after the four month anniversary of the youth having completed
the initial asset inventory or when the youth leaves the program, whichever comes first.
arge : inimum ne o increase m 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.
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Target: 80%
Outcome #3: Non-referred CYD youth
Indicator: Percent of CYD youth report not referred to juvenile probation.
Target: 95%
Note: Pen`ormance measures, indicators and targets are set at the discretion of DFPS and
maybe changed at any time, but will not be changed without due notice to Fiscal Agents.
-3-
Attachment A-2
STATEMENT OF WORK
Subcontractor: Nueces County Mental Health & Mental Retardation Center
Program Name: "Student Life Skill" Program
I. SERVICES TO BE PROVIDED
1) Describe the service to be provided in detail:
MHMR will introduce the "Student Life Skills" training program for students age 10-
17located in the 78415 area. The program will offer four, seven week sessions
each year. Using the nationally recognized Casey Life Skills curriculum, a case
manager, an Aide and a community volunteer will guide the students through
lessons and activities all developed to specifically enhance self esteem, healthy
relationships, responsibility, appropriate conflict resolution and positive personal
development.
Topics include:
Self-Esteem (self-awareness, emotional well being, body image)
Personal Strengths and Needs (personal values, success, perseverance,
characteristics of a good leader and why being a leader is important)
Behavior in Relationships (respect, caring, honesty, communicating, appropriate
responses, trustworthiness)
Everyday Etiquette (good manners, appropriate words for displeasure, gossip,
thankfulness, role playing)
Anger, dishonesty, and disrespect impact on relationships (address abuse,
dishonesty, disrespectful behavior and their impact on relationships, physically or
emotionally abusiveness, where and how to get help, vandalism and pranks)
Spirituality and Personal Growth (spirituality, growth, cultural awareness, spiritual
health)
All of the skills taught in MHMR's new "Student Life Skills" are essential to becoming
a good leader including positive self-esteem, knowledge of personal strengths,
appropriate behavior in relationships, etiquette, respectful behavior and personal
growth. A key component in the development of leadership skills is having the
opportunity to function as a leader. Participants in the Student Life Skills program
~~~~~~ ~~ ~^couraged-andsupported-to-develop-a_leadership~lan_in~hich they
identify the steps they need to take assume leadership roles in school, church,
Scouts, or other community settings.
2) Location where services will be provided:
1. MHMR Youth Services Building, 3733 S. Port, Corpus Christi, Texas 78415
3) Inclusive dates of Service:
From September 1, 2008 to August 31, 2009
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4) Days and Hours of provided services:
Session 1 September-October
Session 2 November-December
Session 3 January-February
Session 4 March-April
Monday-Thursday 4:00-7:00
Monday-Thursday 4:00-7,:00
Monday-Thursday 4:00-7:00
Monday-Thursday 4:00-7:00
The hours of operation will best serve the students as the program is offered after
school but is out early enough to allow time for their homework.
5) Number of unduplicated youth to be served/adults to be served (if applicable):
160 youth
6) Describe the target population to be served:
The target population of the MHMR "Student Life Skills" program is at-risk students
ages 10-17 who attend school in the 78415.
8) Describe each aoal of the service and/or proaram includina the impact on juvenile
crime:
Goal(s): Upon completion of the Student Life Skills Program, youth will have an
increased self perception and be able to handle demands of daily life.
Objective(s): Youth will be able to describe 3 effective study skills/strategies
Youth will be know and understand the impact of caring, respectful, responsible and
honest behavior on relationships.
Youth will be able to verbalize the steps necessary for effective problem solving and
decision making.
9) How will this service be available to families without transportation:
Students will be provided with safe, dependable transportation to and from the
MHMR building in a rented van driven by a licensed MHMR employee. Students
without transportation will be picked up from school at 4:OOpm and delivered to
their home at 7:OOpm.
10) Describe the "safe passage" plan for youth/families without transportation:
u e eperrdatrfe-transportationto-and~rom-the_ _ -
MHMR building in a rented van driven by a licensed MHMR employee. Students
without transportation will be picked up from school at 4:OOpm and delivered to
their home at 7:OOpm.
11) Staffina• Describe the staffina plan for FY09 includina staff supervision and
su ort and how adequate staffina in the case of vacancies or extended absences
will be ensured.
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Recruiting staff and volunteers: MHMR uses several sources for recruitment, such
as Internet, newspaper, radio, telelvision, job fairs, college recruitment and others.
Screening staff and volunteers: MHMR does criminal background checks through
DPS for both staff and volunteers, and we may also use the Sheriffs' Department
for finger printing purposes for certain programs.
Training of staff and volunteers: Training is conducted in accordance to our
contractual agreements with DADS, DSHS, TCOOMMI, HCS ECI and others
including Joint Commission.
In the event of a staff vacancy or absence, the Director of Youth Services will
substitute for the Case Manager until a replacement person is hired.
Ratio: Each class will have three adults to every ten students
II. CYD CLIENT REGISTRATION AND TRACKING SERVICES
a) A Registration/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/Consent 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 JD Service Tracking Form must be completed for every participant receiving
services(s) on a monthly basis. The Service Tracking Form must be submitted
monthly to the Fiscal Agent with the monthly billing.
Registration forms and Service Tracking forms must be submitted for each month
for which the subcontractor(s) request reimbursement for service/program costs.
III. DOCUMENTATION OF SERVICES
vided-to-each-Community~Foath-Bevetopment-
participant must be maintained. All of the services listed on a Service Tracking Form
must be documented.
IV. BILLING REQUIREMENTS
The Subcontractor will submit monthly billings specifying the costs incurred for each
month of service to the City representative listed below:
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Community Youth Development
ATTN: Celina Pulcher
CYD Program Manager
City of Corpus Christi
226 Enterprize Pkwy, Ste. 104
Corpus Christi, Texas 78405
The monthly billing will consist of the following documents:
a. Budget Information Summary and Reimbursement Request.
b. Copies of invoices and bills. '
c. Monthly JD Service Tracking Form
d. Registration/Consent Form (to include accurate and complete information prior to
submitting to the Fiscal Agent)
e. Any Change of Information to participants registration/consent form
f. Any Prevention and Early Intervention Surveys (Pre and Post)
g. Any Prevention and Early Intervention Satisfaction Surveys
Subcontractor will adhere to the following billing schedule:
EXPENDITURES THROUGH MONTHLY BILLING DUE DATE
September 30, 2008 October 5, 2008
October 31, 2008 November 5, 2008
November 30, 2008 December 5, 2008
December 31, 2008 January 5, 2009
January 31, 2009 February 5, 2009
February 29, 2009 March 5, 2009
March 31, 2009 April 5, 2009
April 30, 2009 May 5, 2009
May 31, 2009 June 5, 2009
June 30, 2009 July 5, 2009
u y -- 7august~5; 20D
August 31, 2009 September 5, 2009
V. EXPENDITURE SCHEDULE
Subcontractor agrees that if funds are not expended in accordance with Schedule A -
Subcontractor Estimate of FY 2008-2009 Expenditures by June 30, 2009,
Subcontractor will lose any uncommitted funds in excess of $2,500, subject to
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reinstatement through the appeals process set out below. Fiscal Agent will notify
Subcontractor in writing of the pending budget reduction in Subcontractor's budget and
give Subcontractor ten (10) business days to respond. If Subcontractor does not
respond within ten (10) business days, then the budget adjustment will be made and
Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced
budget amount within ten (10) business days thereafter. However, if Subcontractor
disagrees that excess funds are available, then Fiscal Agent and Subcontractor will
meet at an agreed upon time and Subcontractor will be given the opportunity to present
their case. Fiscal Agent will make the final decision whether to reinstate orforfeit any of
Subcontractor's excess uncommitted funds. Any excess funds forfeited by any
Subcontractor will be used for other CYD programs.
Schedule A -Subcontractor Estimate of FY2009 Expenditures
Month Estimated Percent of Total
Expenditures Buds~et
September 2008 $2,490 8.3%
October 2008 $2,490 8.3%
November 2008 $2,490 8.3%
December 2008 $2,490 8.3%
January 2009 $2,610 8.7%
February 2009 $2,490 8.3%
March 2009 $2,490 8.3%
Apri12009 $2,490 8.3%
May 2009 $2,490 8.3%
June 2009 $2,490 8.3%
July 2009 $2,490 8.3%
August 2009 $2,490 8.3%
-8-
61 -Budget Information Forms
Nueces County MHMR
Contract Period: Sept. 1, 2008 -Aug. 31, 2009
Summary Budget
FY09
COST CATEGORY TOTAL
1. A Personnel -Salaries $15,488.00
B Personnel - Frin a Benefits 1,584.00
C Personnel -Travel 336.00
2. Materials and Su lies 2,905.00
3. E ui ment 0.00
4. Other Costs 9,687.00
TOTAL BUDGET $30 000.00
Cash Match
In-kind Match
$0.00
$106,920.00
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B1 -Budget Information Forms
Nueces County MHMR
Contract Period: Sept. 1, 2008 -Aug. 37, 2009
(1a) Personnel -Salaries
FY09
A
Position or Title B
Number of
Staff far
Position C
Average Full
Time Monthly
Salary D
Percent of
Time on
Budgeted
Position E
Number of
Months
Employed F
Cost
(BxCxDxE)
(Total)
Case Mana er II 1 1,183.00 100% 8 9,464.00
Aide 1 753.00 100% 8 6,024.00
TOTAL SALARIES Total 15,488.00
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B1 -Budget Information Forms
Nueces County MHMR
Contract Period: Sept. 7, 2008- Aug. 31, 2009
(1b) Personnel -Fringe Benefits (Employer's Share)
FY09
Fringe Benefits Based on (1a) Salaries Paid* Fringe Benefits
Based on (1a)
Salaries Paid
Case Mana er II FICA $635, FICA-M $148, Worker's Com $317; $947.00
$37 Sutax
Aide FICA $355, FICA-M $83, Worker's Com $177; 637.00
$20 Sutax
TOTAL FRINGE BENEFITS $1,584.00
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61 -Budget Information Forms
Nueces County MHMR
Contract Period: Sept. 1, 2006 -Aug. 37, 2009
(1c) Personnel -Travel
FY09
Type of Expense
(transportation, food, lodging,
miles e) Purpose (Destination and
Benefits to Program)
Total
Mileage (6 miles per day @ .50 per milr x 4 days 336.00
er week x 7 weeks x 4 sessions
TOTAL TRAVEL $336.00
_1P_
B1 -Budget Information Forms
Nueces County MHMR
Contract Period: Sept. 1, 2008 -Aug. 31, 2009
(2) Materials and Supplies
FY09
Description and Basis for Cost Total
Activity binders with lessons (160 students @ $16 per binder) 2,400.00
Office Supplies (flip charts, paper, pens, markers, etc) 505.00
TOTAL CONSUMABLE SUPPLIES $2,905.00
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B1 -Budget Information Forms
Nueces County MHMR
Contract Period: Sept. 1, 2008 -Aug. 31, 2009
(3) Equipment
FY09
Description and Basis for I Method Used I Total
-i a-
B1 -Budget Information Forms
Nueces County MHMR
Contract Period: Sept. 1, 2008 -Aug. 31, 2009
(4) Other Costs
FY09
Descri tion and Basis for Cost Total
Van Rental (4 days a week for 21 weeks @ $75 per day) 6,311.00
Food & Snacks (10 students x $1.90 per student x 4 days
er week x 7 weeks x 4 sessions 2,128.00
Refreshments (Final session reception with parents, 4 x
$100 each) 400.00
Cell hone for CMII and Aide 2 x $53/month x 8 months 848.00
TOTAL OTHER COSTS $9,687.00
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SUBCONTRACTOR: Nueces County MHMR Request No.
CONTRACT PERIOD: 9/01/2008 to 8/31/2009 Reporting Month
TITLE: Community Youth Development Program
ATTACHMENT B-2
BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST
Personnel -Salaries
CaseManager
Aide
TOTAL
Personnel -Fringe
Case Manager
Aide
TOTAL
Amount (1) YTD (2) YTD
Budgeted Expended Invoiced
9,464.00
6,024.00 '
15,488.00
947.00
637.00
1,584.00
Personnel -Travel
Mileage 336.00
TOTAL 336.00
Materials and Supplies
Program Materials 2,400.00
Office Supplies 505.00
TOTAL 2,905.00
Equipment
None 0.00
TOTAL 0.00
Other Costs
Van Rental 6,311.00
Food 8 Snacks 2,128.00
Refreshments 400.00
Cell Phone 848.00
TOTAL 9,687.00
TOTAL 30,000.00
* Amounts expended cannot exceed amount budgeted.
(1) - (2)~ 'City Use
Amount Only
Requested* Amnt. Paid
I certify that the expenditures shown above are true and that supporting documentation
Is a ace o su s an la a em.
Subcontractor's Authorized Signature Date
Payment Authorization Signature Date
16-
Attachment B-3
Nueces County Mental Health Mental Retardation Center
BUDGET NARRATIVE
Personnel-Salaries 515,488.00
• Case Manager II The case manager will plan and facilitate the "Student Life
Skills" program. This is a part time position for 8 months at a salary of $1183
per month. ($9,464)
• Aide The aid will assist the case manager in facilitating the "Student Life
Skills" program. This is a part time position for 8 months at a salary of $796
per month. ($6,024)
Personnel-Fringe Benefits Employer's Share 51,584.00
Case Manager II (FICA $528. FICA-M $123 Worker's Comp $624 $30.69
Sutax = $947)
• Aide (FICA $355; FICA-M $83Worker's Comp $177 $20 Sutax = $637)
Mileage related to picking up students from school, transporting them to the
MHMR center and taking them home. (6 miles per day @ $0.50 per mile x 4 days
per week x 7 weeks x 4 sessions)
Materials and Supplies 52.905.00
• Activity binders for each student so that they will have a binder with paper,
lessons and dividers in which to compile their program information. (160
students @ $15 per binder = $2,400)
• Office Suaalies Office Supplies to be used in the implementation of the
program including teaching materials, activity needs, flip charts, activity props,
paper, pens, markers = $505)
Rental Lease or Purchase of Equipment 50
None
Other Costs 59,687.00
• Snacks for students during each class. (10 students x $1.90 per student x 4
days per week x 7 weeks x 4 sessions = $2,128)
• Refreshments for the students and their parents at the final session/reception.
(4 sessions x $100 each = $400)
• Cell phone for Case Manager II and Aide to insure safety and coordination
. .. ... ., , .n.n ____ ____.~ .. n
months = $848)
• Van to be rented for four days each week to be used to pick up students at
school, take them to the MHMR Center and take them home. (4 days a week
for 21weeks @ $75 per day) - $6,311
MHMR will match the requested grant funds with the cost of utilities incurred
during the time of program operations. (Utility cost: $11.35 x 4 hours per day x 4
days per week x 7 weeks x 4 sessions)
_l~_
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. "Nueces County
Mental Health and Retardation"will hereinafter be referred to as the Subcontractor
The Community Youth Development Program will hereinafter be referred to as CYD
Program.
SECTION 7. LEGAL AUTHORITY
Subcontractor assures and guarantees that it possesses the legal authority to enter into
this Contract, to receive the funds authorized by this Contract, and to perform the
services Subcontractor has obligated itself to perform under this Contract. The person
signing this Contract on behalf of Subcontractor hereby warrants that he/she has been
fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor
and to validly and legally bind the Subcontractor to all the terms, performances, and
provisions herein set forth.
Acceptance of funds under this contract acts as acceptance of the authority of the State
Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit
or investigate the expenditure of funds under this contract or any subcontract.
Subcontractor further agrees to cooperate fully with the State Auditor's Office or its
successor, including providing all records requested. Subcontractor will ensure that this
clause concerning the authority to audit funds received indirectly by subcontractors
through Subcontractor and the requirements to cooperate is included in any
subcontract it awards.
The Subcontractor agrees to be in compliance with all applicable Federal, State and
local laws, including but not limited to, the following: 45 Code of Federal Regulations
("CFR") Part 92, Office of Management and Budget ("OMB") 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, OMB Circulars A-87, A-122, A-110, and 40 TAC
732.240-256.
SECTION 2. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that the Fiscal Agent is contracting with
Subcontractor as an independent contractor. No provision of this Contract or act of the
Fiscal Agent in performance of this Contract shall be construed as making
Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of
Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely
- 18 -
responsible for employee payrolls and claims arising therefrom.
SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS
A. This Contract is at all times contingent upon the availability and receipt of State or
Federal funds that has been allocated to the Fiscal Agent of this Contract and, if
funds for this Contract become unavailable during any budget period, this Contract
may be immediately terminated or reduced at the discretion of the Fiscal Agent.
B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each
service rendered in accordance with the terms of this Contract upon receipt of a
proper and verified statement and after deducting any known previous
overpayment made by the Fiscal Agent. If program income accrues, the
Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual
costs incurred for services rendered under this Contract. In no event shall
payments exceed the total budgeted amount as originally approved in this
Contract or as subsequently amended by both parties.
C. The basis for payment for services rendered under this Contract is indicated in the
service terms in the budget. The Subcontractor agrees to this basis for payment
and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent.
The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than
the Subcontractor's allowable and actually incurred costs consistent with Federal
and State regulations.
The method of payment is cost reimbursement. This means that costs should only
be billed after they have actually been incurred and have been paid by the
Subcontractor. Costs should be billed to the month in which they were incurred,
either on the primary billing voucher for that month or on a supplemental billing, if
they are not paid in time to include them on the primary voucher. Costs should not
be billed to the Fiscal Agent if they have not yet been paid.
D. Payment for services rendered under this Contract will be made in accordance
with the documentation outlined in the Budget Information Summary and
Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment
shall be authorized only upon the submittal of an appropriate invoice and
supporting documentation to the Fiscal Agent.
Schedule as per Attachment A-2 of this Contract. Failure to comply with this
requirement will result in a delay in payment and will be subject to the provisions
concerning changes and amendments in this Contract.
F. Funds under this Contract cannot be earned prior to the first day nor after the last
day of the Contract Period.
- 19 -
G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this
Contract which exceed the total funding amount specified.
H. All funds unearned or unexpended in the performance of this Contract shall be
retained by the Department. ,
The Subcontractor is responsible for submitting bills in an accurate and timely
manner by the 5th 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.
The Subcontractor understands and agrees that prior written approval must be
secured:
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
When needing to add a line item, cost, or expenditure to the budget.
Approval must be obtained in writing prior to incurring the expense/cost.
K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a
total bill each month in the format prescribed by the Fiscal Agent and shall accept
as payment in full the Contracted unit rate reduced by an amount equivalent to the
required percentage of certified local resources as applicable.
SECTION 4. LIABILITY FOR REPAYMENT
A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part,
to protect the integrity of funds or to ensure proper operation of programs,
provided Subcontractor is given prompt notice and the opportunity for a hearing
wi m i
B. All payments under this Contract are subject to audit by the Department and the
Fiscal Agent. Subcontractor shall assume liability for repayment of funds
disbursed where such disbursement is subsequently determined to be improper or
unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for
repayment of disallowed costs with non-Federal funds. Repayment of such funds
to the Fiscal Agent shall be in accordance with the Prompt Payment Act.
- 20 -
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-87, A-
122, A-110, 40 TAC 732.240-256, and any other applicable regulations.
C. The Fiscal Agent may give a notice of modification or directive to reduce the level
of funding under the Contract in the event of a reduction of funding to the Fiscal
Agent under any Federal, State or local program.
D. The Fiscal Agent may issue a policy directive that shall have the effect of
establishing, interpreting, clarifying or qualifying the terms of this Contract. Such
policy directives may not alter the terms of this Contract to order to relieve the
Fiscal Agent of any obligation to pay for performance rendered or costs incurred
' e-of-such directive: - -
E. The Fiscal Agent may give a notice of modification to increase the amount of
funds available under this Contract if such funds become available and it is in the
best interest of the Fiscal Agent to do so without the solicitation of additional
proposals.
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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 KEEPINGIREPORTING 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 Department/Fiscal 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
Subcontractor meets the delinquent obligations.
E. Subcontractor shall submit aself-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.
- 22 -
SECTION 8. SUBCONTRACTING
A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose
of this Contract or any right, title, obligation or interest it may have thereinto 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. Anon-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
erms ormance-Subcontractorshatt-maintain-an-'
adhere to an appropriate system, consistent with Federal, State, and local law, for
the award and monitoring of Contracts which contain acceptable standards for
ensuring accountability.
E. Subcontractor shall ensure that the performances rendered under all subcontracts
are rendered so as to comply with all the terms and provisions of this Contract as if
the performances rendered were rendered by Subcontractor.
- 23 -
SECTION 9. PUBLICITY
The Subcontractor agrees to place prominent notices acknowledging the funding it
receives from the Fiscal Agent and Department in all of its literature that describes
services covered by this Contract. This notice will also appear in the Subcontractor's
annual financial report, if any is issued. Additionally, the Subcontractor agrees to the
following:
A. ' When issuing statements, press releases, requests for proposals, bid solicitations,
and other documents describing projects or programs funded in whole or in part
with CYD Program funds, Subcontractor shall state the percentage of the total
costs of the program or project which will be financed with those CYD Program
funds.
B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding
source in all oral representations, written documents, publicity and advertisements
regarding any CYD activities. Wording shall be as follows: A Program Funded
through the City of Corpus Christi by the Texas Department of Family and
Protective Services.
C. Subcontractor shall not publish or cause to have published the results of its
function and participation in the program activity without prior review and approval
by the Fiscal Agent and Department.
SECTION 10. TECHNICAL ASSISTANCE
A. The Fiscal Agent will provide a central information system for complete information
on each participant and will maintain a central communication system for the
proper and timely disbursement of information and resource documents. The
Fiscal Agent will provide technical assistance found to be needed through
performance reviews or monitoring reports.
B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions
to assist in the administration of this Contract. Subcontractor shall ensure the
attendance of its director or other specified personnel at such meetings.
SECTION 11. MONITORING AND ASSESSMENT
A. The Subcontractor agrees to provide services in accordance with the provisions of
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
- 29 -
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 indirect 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.
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 ornon-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
- 25 -
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 shalt be conducted by the Subcontractor to
determine the cause, and the results shall be reported in writing to Fiscal Agent
and the Department. Any property missing, damaged or destroyed shall be
replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the
event of any theft, vandalism, or other offense against the property or equipment,
the Subcontractor shall notify the appropriate local law enforcement authorities.
B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding
the return to the Department of any equipment bought under this Contract with
funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor
agrees that it will not give any security interest, lien, or otherwise encumber any
item of equipment purchased with Contract funds. The Subcontractor agrees to
permanently identify all equipment with appropriate tags or labels affixed to the
equipment and to maintain a current inventory record of the equipment which must
be made available to the Fiscal Agent and the Department upon request.
C. The property shall be maintained in good condition at all times. Unless waived by
the Fiscal Agent and Department, all maintenance and repair costs associated
with any property shall be borne by the Subcontractor. All property must be
returned to original condition, except for normal wear and tear, prior to return of
the property to the Fiscal Agent.
SECTION 13. YEAR 2000 COMPLIANCE
Subcontractor has full responsibility to anticipate and mitigate any four-digit-year
related events that could adversely affect the timely performance of this Contract
or the date-related operations of any goods, files, or services provided pursuant to
it. Subcontractor warrants the fault free performance in the processing of date and
date-related data by any product developed and delivered to Fiscal Agent
pursuant to this Contract. Fault-free performance includes .manipulation of data
wi a es prior o, roug , an eyon 'x2666; and-duringieap-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.
- 26 -
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.
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
associated with said audit.
B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for
any costs isa owe as a resu o said audifm accor ance wi
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
- 27 -
with applicable professional standards and practices.
D. In the event a final audit has not been performed prior to termination of this
Contract, the Fiscal Agent shall retain the right to recover funds after fully
considering the recommendations on disallowed costs resulting from such final
audit.
E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its
Sub-Subcontractors shall immediately report to the Fiscal Agent and the
Department any incidents of fraud, abuse, or other criminal activity in the relation
to the provisions of this Contract or applicable State Regulations.
SECTION 17. PREVENTION OF CONFLICTING INTERESTS
A. Every reasonable course of action shall be taken by the Subcontractor to maintain
the integrity of this expenditure of public funds and to avoid favoritism and
questionable or improper conduct. This Contract shall be administered in an
impartial manner, free from personal, financial, or political gain. Subcontractor, its
executive staff, and employees, in administering this Contract, shall avoid
situations that give an appearance or suggestion that any decision was influenced
by prejudice, bias, special interest or desire for personal gain.
B. No member, officer, agent, or employee of the Fiscal Agent or the Department
who exercises any functions or responsibilities in the review or the approval of the
undertaking or carrying out of this Contract shall participate in any decision relating
to this Contract which affects his/her financial interest.
C. Executives and employees of Subcontractor shall be particularly aware of the
varying degrees of influence that can be exerted by personal friends and
associates and shall exercise due diligence to avoid situations which give rise to
an appearance or assertion that favorable treatment is being granted by friends
and associates who are also members, officers, agents, or employees of the
Fiscal Agent or the Department. A permanent record of any transaction involving
Subcontractor who is also a friend or associate of a member, officer, agent, or
employee of the Fiscal Agent or the Department shall be retained when it is in the
public interest for the Fiscal Agent or the Department to conduct business with
such person.
D. Members, officers, agents, and employees of the Fiscal Agent or the Department
t notsoliciYnoraccept7noneq-or-any~thier 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
- 28 -
or organization which the member directly represents.
SECTION 78. 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
The Subcontractor shall indemnify and hold harmless the Fiscal
Agent and the Department, their officers, agents, representatives, and
employees, from and against any and all claims or losses for physical
damage to property or injury to persons resulting from negligence,
misconduct, or any act or omission on the part of the Subcontractor,
its officers, agents, employees, representatives, or Sub-
subcontractors. In the event of loss, damage, or destruction of any
property due to the negligence, misconduct, act or omission of the
Subcontractor, the Subcontractor shall indemnify and pay full cost of
repair, reconstruction, or replacement, at the discretion of the Fiscal
Agent and Department. Such cost shall be due and payable by the
Subcontractor within ten (10) calendar days after the date of receipt of
written notice from the Fiscal Agent or Department of the amount due. __
The State of Texas, Department, and Fiscal Agent, and their
respective employees, officers, agents, and representatives can
neither agree to hold the Subcontractor harmless nor agree to
indemnify the Subcontractor and any provisions to the contrary are
void.
- 29 -
SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED
Subcontractor shall ensure that no funds under this Contract shall be used directly or
indirectly in the support of any religious oranti-religious activity, worship, or instruction.
SECTION 27. POLITICAL ACTIVITYILOBBYING
The Subcontractor will not use any funding under this Contract to influence the outcome
of elections or the passage or defeat of any legislative'measures.
No funds provided under this Contract may be used in any way to influence or attempt
to influence in any manner a member of Congress to favor or oppose any legislation or
appropriation by Congress or for lobbying with State or local legislators. Subcontractor
shall comply with the requirements of New Restrictions on Lobbying imposed by 29
CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55,
No. 116, dated June 15, 1990, and codified at 31 United States Code ("USC") 1352, as
amended. Subcontractor shall comply with the certification and disclosure requirements
in Attachment F to this Contract.
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. Subcontractor shall comply with all applicable Federal and State regulations and
with Department policies and procedures regarding services delivered under this
Contract including, but not limited to, the following:
Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), The Americans with
Disabilities Act of 1990 (Public Law 101-336), and all amendments to each,
and all requirements imposed by the regulations issued pursuant to these
Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter
73, of the Texas Administrative Code, as amended. These laws provide in part
that no persons in the United States shall, on the grounds of race, color,
national origin, sex, age, physical/mental disability, drug or alcohol abuse or
alcoholism, political beliefs, or religion be excluded from participation in or
denied any aid, care, service or other benefits provided by Federal or State
funding or otherwise be subjected to discrimination;
exas ea an a e o e, Sec ion 85'I'f3, as ame
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
- 30 -
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
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,
neg ec , or exp of a ion, 'nst the~persan;-arroffense-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
- 31 -
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
epa men may prescn a suc s an ar s as tse7rE~essary to pratecttheheafth
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
- 32 -
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 aself-certification of
such coverage; and
4. Workers' compensation and adequate on-site medical and accident insurance
shall be required for all of Subcontractor's employees and enrolled participants,
respectively, appropriate to participant activity. Workers' compensation
coverage shall be required of all organizations serving as employers of record
for any participant, whether that organization is the Subcontractor or a third
party; on-site medical and accident insurance shall be required for all non-work
setting and classroom training activities for participants not qualifying as
employees under the workers' compensation laws. Participants who are
employees must be given comparable benefits afforded by the employer to
other employees of similar standing in the employer's workforce.
B. All coverage must be with insurance companies or carriers rated for financial
purposes "A" or better whose policies cover risks located in the State of Texas. All
bonds, policies, and coverage described above shall be maintained during the
entire term of Contract awarded. Lapse of any coverage or bond required herein
tracYand-~racYawarded-shad-be-immediatetq
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,
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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
the Fiscal Agent.
B. Additionally, the Subcontractor shall comply with this regulation and requirement
with regards to its subcontractors. Subcontractor shall require the same
certification from its subcontractors, which shall be forwarded to Fiscal Agent along
with the request for Sub-subcontractor approval as required by Section 8
(Subcontracting) of these Standard Terms and Conditions.
SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
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 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
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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 patentor 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.
E. The Subcontractor agrees to include, and require inclusion of, this clause in all
subcontracts at any tier for supplies or services expected to exceed $15,000.
SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION
Subcontractor agrees to maintain the confidentiality of any information regarding
applicants, program participants, and their immediate families which may be obtained
through application forms, interviews, tests, reports from public agencies or counselors,
or any other source. Without the permission of the applicant or participant, such
information may be disclosed only as necessary for purposes related to the
this Contract. However Subcontractor's information may be subject to reguir
disclosure under the Texas Public Information Act. Chanter 552 of the Texas
Government Code.
SECTION 28. COMMUNICATIONS
All notices and requests given to or made to the parties must, except as otherwise
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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.
C. Subcontractor understands and agrees that the Attachments designated on the
Cover Sheet of this Contract are a part of this Contract and constitute promised
performance by Subcontractor under this Contract.
SECTION 31. CONTINGENT ON FUNDING
This Contract is at all times contingent upon the availability and receipt of Federal or
State funds that the Fiscal Agent and Department have allocated to this Contract; and if
funds for this Contract become unavailable during any budget period, this Contract may
be immediately terminated or reduced at the discretion of the Fiscal Agent or
Department.
The Fiscal Agent's obligation is contingent upon the availability of funds from which
payment for the Contract can be made. No legal liability on the part of the Fiscal Agent
or paymen o any mon vntit funds~re-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
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instructors, trainers, counselors professional and paraprofessional and other staff
shall possess education, training, and or experience to provide the skills,
knowledge, and abilities necessary to perform the duties of the position. The
Fiscal Agent or Department reserves the right to review and approve all staff
qualifications and certifications.
B. Staffing personnel must be maintained at the level negotiated and contracted for
between the Subcontractor and the Fiscal Agent. Changes in staff positions or
reduction in hours shall be immediately reported to Fiscal Agent for review and
approval. '
C. Subcontractor agrees and understands the performance of work proposed,
negotiated, and contracted for must be maintained at the level agreed upon at
initiation of this Contract. Any deviation from these requirements must be reported
to Fiscal Agent. Failure to maintain qualified personnel, the required level of
performance, approved curriculum, and other pertinent quality control standards
required by the Fiscal Agent and Department may constitute a breach of this
Contract, grounds for termination of this Contract by the Fiscal Agent or the
Department, and refund of amounts to Fiscal Agent or Department.
SECTION 33. TERMINATION
A. If the Subcontractor fails to provide services according to the provisions of this
Contract, the Fiscal Agent or Department may, upon written notice of default to the
Subcontractor, terminate all or any part of the Contract. Termination may be
exercised in addition to any other rights and remedies provided by law or under
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,
ance-orremove-any contractual-rights tainelude; -
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.
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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.
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 other remedies available to the Fiscal Agent
and Department under the terms of this Contract, in equity, or under Texas law.
RFORMANCElZEVtEW
Subcontractor and Fiscal Agent shall meet at least monthly to review Subcontractor's
performance to determine whether Subcontractor is meeting all performance measures
identified in Attachment A-1.
SECTION 36. SUSPENSION OF PAYMENTS.
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If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all
performance measures in Attachment A-1, or if Fiscal Agent determines in its sole
discretion that Subcontractor is not in compliance with all provisions of the Contract, the
Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal
Agent may suspend payments to Contractor until such time as Contractor is in full
compliance with the performance measures and all other provisions in this contract..
SECTION 37. REPAYMENT OF FUNDS.
Subcontractor shall issue repayment of funds to Fiscal Agent within 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 identified in Attachment A-1
which relate to: number of unduplicated youth served, timely submission of billings and
monthly reports, youth served under the age of 10, percentage of participants involved
in mentoring services, completed asset surveys (initial and follow up asset surveys),
completed satisfaction questions, demonstration that CYD youth have increased
assets, CYD participants perceive services as effective and percentage of non referred
CYD Youth to juvenile probation.
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