HomeMy WebLinkAboutC2009-546 - 9/22/2009 - ApprovedCONTRACT
(Cover Sheet)
TITLE OF CONTRACT: Community Youth- Development
CONTRACT NO.: CYD 2010-3
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 City of Corpus Christi-Parks & Recreation Dept.
226 Enterprize. Ste. 104 1201 Leopard
Corpus Christi, TX 78405 Corpus Christi, TX 78401
Telephone: (361) 826-4028 Telephone: (361) 361-826-3470
FAX: (361) 299-1410 FAX: (361) 361-826-3464
Contact Person: Celina Pulcher Contact Person: Becky Perrin
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, B-2, and B-3)
Standard Terms and Conditions (Attachment C)
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
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 under this Contract are expressly contingent upon the
availability of funds for such purpose under the funding sources:
CONTRACT PERIOD: From: September 1, 2009 Through: August 31, 2010 0 /~~~ ~
iY COUNCIL ....~ ..... ~..~..._
FUNDING OBLIGATION: Not to exceed $20,000.00 for FY 2010 for Contract Period --,--~C,
stated above. SECRETA~Y~
Executed in triplicate, each of which recognized as an original.
ATTEST:/ o
~~~"~1~~
Armando Chapa
City Secretary
Legal form approved ~' ~ , 2010;
2009-546
M2009-267
09/22/09
Tx Dept of F&PS
L
~ ~,tiv ~ Y
City of Corpus Christi/
Gk ./
g Escobar
ity Manager
Subcontractor:
City of Corpus Christi, Parks & Recreation
Department, Recreation
By:
Becky Perrin, S erintendent of Program
Services
Date: '~DE~~
78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM
City of Corpus Christi, Parks ~ Recreation -Adventure Trekkers
TABLE OF CONTENTS
Page No.
Contract Cover Sheet
Table of Contents ............................................................................................ i
Contracted Performance Measures (Attachment A-1) ................................ 1
Statement of Work (Attachment A-2) ............................................................. 5
Budget Information Forms (Attachment B-1) ............................................... 14
Reimbursement Request Form (Attachment B-2) ........................................ 21
Budget Narrative (Attachment B-3) ............................................................... 22
Standard Terms and Conditions (Attachment C) ......................................... 24
Sections
1. Legal Authority
2. Independent Contractor
3. Financial Limitation
4. Liability for Payment
5. Changes and Amendments
6. Accounting Requirements
7. Record Keeping/Reporting Requirements
8. Subcontracting
9. Publicity
10. Technical Assistance
11. Monitoring and Assessment
12. Property
13. Year 2000 Compliance
14. Taxes
15. Disputes
16. Independent Audit
17. Prevention of Conflicting Interests
18. 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
City of Corpus Christi, Parks & Recreation Department, Adventure Trekkers
CONTRACTED PERFORMANCE MEASURES
(Community Youth Development Program Contracts)
Performance measures typically include outputs and outcomes. Output measures
demonstrate performance in terms of the quantity or volume of services provided, for
example, the number of clients served, number and types of services, etc. Outcome
measures demonstrate performance in terms of the quality and impact of services and
whether or not they have met intended goals/objectives. Outcomes relate to behavior,
skills, knowledge, attitudes, values, etc.
The City of Corpus Christi will contract with Service Providers to meet the following
performance measures for contract period, September 1, 2009 thru August 31, 2010.
OUTPUTS
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, 2009 through August 31, 2010 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: 100
Note: If adults will be served, a separate output measure will be included in the contract for
those participants.
Output #2: Timely submission of Billings and Monthly Reports
Indicator: Percent of monthly billings and reports submitted within 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 each individual
service. If the cap is exceeded, those youth may be considered ineligible and costs may
be disallowed.
Target: 20%
Output #4: Participants involved in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted grades
(4tn _ $tn)
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. All youth between the ages of 10-17 are
eligible.
Target: Pre-Test -100%
Post-Test - 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%.
OUTCOMES
Outcome #1: 10-17 year old Target Youths report an increase in the protective factors.
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 10-17
year old 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 between 15 days prior to and 15 days after the four month
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anniversary of the youth having completed the initial asset inventory or when the youth
leaves the program, whichever comes first. Follow-ap Post tests will be given once a year
until the end of the contract period.
Target: Minimum net 10% increase in youth protective factors.
Outcome #2: CYD Participants Perceive Services as Effective
Indicator: Percent of youth that report CYD services had a positive impact. For youth that
participate in multiple services, one survey should be completed corresponding to the first
program service in which they participated.
Target: 80%
Outcome #3: 10-17 year old Target Youths served in the CYD Program will not engage in
delinquent behavior.
Indicator: Percentage of 10-17 year old Target Youths that are not referred to a county
juvenile probation program while registered in and receiving services from a CYD program.
Data source: Texas Juvenile Probation Commission and PETS database
Target: 95%
Note: Performance 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.
Definitions
Ag4regate - A total count or number derived by adding the number of protective factors identified by one 10-17
year old Target Youth to the number identified by another 10-17 year old Target Youth to the number identified by
another 10-17 year old Target Youth, and so on for all 10-17 year old Target Youths who completed a Protective
Factor Survey Questionnaire during the outcome performance period.
Average Score (for the Satisfaction Survey Questionnaire) -For each completed Youth Satisfaction Survey
Questionnaire, add the scores for the first five items and divide by five.
Completed Protective Factor Survey Questionnaire - A 10-17 year old Target Youth responds to a minimum
of 80% of the questions in parts I and II of the questionnaire.
Completed Youth Satisfaction Survey Questionnaire - A Target Youth responds to a number from the 7-point
Likert scale for each of the first five items on the Questionnaire.
Eligible (to respond to the Post-Service Protective Factor Survey Questionnaire) - A 10-17 year old Target Youth
that has completed aPre-Service Protective Factor Survey Questionnaire and;
^ Completed the prescribed CYD Program; or
^ Participated in the CYD Program for 12 months from the date the Pre-Service Protective Factor
Survey Questionnaire was completed; or
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^ Exited the CYD Program.
Eligible (to respond to the Pre-Service Protective Factor Survev Questionnaire) - A 10-17 year old Target Youth
must be registered into the Community Youth Development Program.
Eligible (To respond to the Youth Satisfaction Survey Questionnaire) - A Target Youth that has:
^ Completed the prescribed CYD Program; or
^ Participated in the CYD Program for 12 months; or
^ Exited the CYD Program.
Exited - A Target Youth stopped accepting services during the output performance period without completing the
program.
Likert scale - A linear set of responses often used in questionnaires.
Post-Service Protective Factor Survey Questionnaire - A tool identical to the Pre-Service Protective Factor
Survey Questionnaire administered to the 10-17 year old Target Youth following the receipt of services and
designed to assess changes in the levels of the Target Youth's protective factors.
Pre-Service Protective Factor Survey Questionnaire - A tool administered to the 10-17 year old Target Youth
prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors.
Protective Factors -Personal characteristics or environmental conditions that interact with risk factors to reduce
the likelihood of problem behaviors.
Satisfied - A response of five or higher on the 7-point Likert scale.
Target Youths -Youths through 17 years of age who live in and/or attend school in one of the designated ZI P
Code areas.
Unduplicated Target Youth - A Target Youth with a unique registration ID number who receives at least one
service is only counted one time during the performance period.
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Attachment A-2
STATEMENT OF WORK
Subcontractor: City of Corpus Christi, Parks & Recreation Department
Program Name: Adventure Trekkers
I. SERVICES TO BE PROVIDED
1) Describe the service to be provided in detail:
Corpus Christi Parks and Recreation Department's adventure based outdoor
recreation program is named ADVENTURE TREKKERS. The program goal is to
provide urban at-risk youth with an opportunity to learn about the natural
environment and resources available in Texas and the Coastal Bend.
ADVENTURE TREKKERS will incorporate educational outdoor recreation elements
with nature conservation concepts, team building, outdoor adventure, self
discipline, leadership, and fitness oriented activities to young men and women
living in the 78415 area, Tom Browne and Baker Middle Schools and Moody High
School.
The ADVENTURE TREKKERS program is designed to enhance leadership skills
as well as team building skills. Most youth will be experiencing activities they have
never experienced before, requiring them to learn new skills and think outside the
realm of their normal thought process. Activities will require critical thinking,
decision making, and group effort.
Outdoor adventure activities place youth in situations where they must challenge
their abilities, confidence and relationship with their peers. Staff will help create an
environment that encourages each participant to trust themselves and their peers.
Throughout each step of the program participants wilt be prompted to be aware of
the value of having good leadership.
ADVENTURE TREKKERS will concentrate on five outdoor activities (listed below).
New activities will be introduced daily. Youth will participate in each new activity
once throughout the 4 day long camp.
Basic Water Safety Training and Sailing:
Each participant will be required to complete a 4-hour Basic Water Safety Training
course at the beginning of camp. Each class will be taught by a City of Corpus
Christi Water Safety Instructor who is Red Cross certified and follows Red Cross
procedures. The training manuals will be purchased through the American Red
Cross. Training will introduce participants to the skills necessary to be familiar with
the importance of basic water safety and rescue skills. The training will take place
at City pools.
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Surfing Lessons:
Each participant will receive 6 hours of lessons and surfing opportunities. The camp
is designed for all who wish to surf, and enjoy what the beach life has to offer.
Surfers will be divided into groups based on age and skill level and have a 4:1
student/instructor ratio. Lessons are provided for surfers of all levels. Equipment is
included in every lesson. Lessons are conducted in a safe location where there is
no vehicular access on the beach during the summer months.
Environmental Education:
Participants will visit the Aransas Wildlife Refuge and The Texas State Aquarium.
The Aransas Wildlife Refuge is home to endangered birds, unique flora, fauna, and
ecosystems. Participants will take a walking tour and discover the untapped
resource that lies within a short drive from our community. Emphasis will also be
placed on the importance of conservation and preservation. Youth will then travel
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 will
have the opportunity to study wildlife, flora and fauna and study the biological
characteristics of healthy wetland.
Fishin :
Teens will embark on a Bay fishing trip for 5 hours out of Corpus Christi Bay.
Special instruction on fishing techniques, bait, and tackle will be given to
participants. Youth will then spend approximately 4 hours fishing for popular bay
game fish. The department will partner with Captain Clark's Fishing Charters to
provide equipment and instruction.
Windsurfing & Kayaking:
Youth will get special expert instruction on windsurfing and kayaking. In addition,
each participant will have 2 hours of windsurfing free time and 2 hours of kayaking
free time to try out their newly learned skills. Instruction as well as free time will be
done in the safety of the protected shallows of the Laguna Madre. The department
will partner with Worldwinds Windsurfing to provide instruction and equipment.
Geocaching: Participants will learn the importance of teamwork, communication,
effective decision making, and problem solving through a physically and
emotionally challenging treasure hunting activity. This program element will focus
on adventurous outdoor recreation while maintaining a positive learning experience.
Geocaching is a fairly new concept to the public:
For the traditional geocache, a geocacher will place a waterproof container,
containing a log book and trinkets or some sort of treasures, and then note the
cache's coordinates. These coordinates, along with other details of the location,
are posted on a website (free). Other geocachers obtain the coordinates from
the Internet or they can be preloaded on to a GPS to seek out the cache using
their GPS handheld receivers. The finding geocachers record their exploits in the
logbook and online. Geocachers are free to take objects from the cache in
exchange for leaving something of similar or higher value, so there is treasure for
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the next person to find.
Typical cache treasures are not high in monetary value but may hold personal
value to the finder. Aside from the logbook, common cache contents are unusual
coins or, small toys, ornamental buttons, CDs, or books. Also common are
objects that are moved from cache to cache, such as Travel Bugs, whose travels
may be logged and followed online. Cachers who initially place a Travel Bug
often assign specific goals for their trackable items. One such goal could be to
pass it westward across the continent. Occasionally, higher value items are
included in geocaches, normally reserved for the first to find, or "FTF", or in
locations which are harder to reach. Geocache container sizes range from
containers as small as the tip of your little finger ("nanos"), to film canisters (often
called "microcaches"), too small to hold anything more than a tiny paper log, to
five-gallon buckets or even larger containers.
Variations of .geocaches include:
Traditional: The basic cache type, a traditional cache must include a log book of
some sort. It may or may not include trade or trackable items. A traditional cache
is distinguished from other cache variations in that the geocache is found at the
coordinates given and involves only one stage.
Earthcache: A type of virtual-cache which is maintained by the Geolo iq cal
Society of America. The cacher usually has to perform a task which teaches
him/her an educational lesson about the earth science of the cache area.
Multi-cache: This variation consists of multiple discoveries of one or more
intermediate points containing the coordinates for the next stage; the final stage
contains the log book and trade items.
Mystery/puzzle: This cache requires one to discover information or solve a
puzzle to find the cache. Some mystery caches provide a false set of coordinates
with a puzzle that must be solved to determine the final cache location. In other
cases, the given location is accurate, but the name of the location or other
features is themselves a puzzle leading to the final cache. Alternatively,
additional information is necessary to complete the find, such as a padlock
combination to access the cache.
Virtual: Caches of this nature are coordinates for a location that does not
contain the traditional box, log book, or trade items. Instead, the location
contains some other described object. Validation for finding a virtual cache
generally requires you to email the cache hider with information such as a date
or a name on a plaque, or to post a picture of yourself at the site with GPS
receiver in hand.
2) Location where services will be provided:
Corpus Christi Natatorium Collier Pool
3202 Cabaniss Road 3801 Harris Dr.
Corpus Christi, TX 78415 Corpus Christi, TX 78411
Texas State Aquarium Sea Lab Worldwinds Windsurfing
2710 N Shoreline Blvd 14493 SPID Ste A
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Corpus Christi, TX 78402 Corpus Christi, TX 78418
Aransas Wildlife Refuge Captain Clark's Fishing
1 Wildlife Circle 47 Peoples Street T Head Blvd
Austwell, TX 77950 Corpus Christi, TX 78401
Surfing School
Padre Island near mile marker 219
Operating on the Seawall near Whitecap Blvd.
Between the Holiday Inn Sunspree Resort and The Island House
Corpus Christi, TX
All above locations play a very important role in the ADVENTURE TREKKERS
program, as they are actual program activity sites.
2) Inclusive dates of Service: From June 14, 2009 to July 30, 2010
3) Days and Hours of provided services:
ADVENTURE TREKKERS will operate Monday through Friday, June 14 -July
30, 2009. Camp will not be held on July 3. Times will vary due to the various
programs and according to the services being provided by collaborating agencies
and organizations. The general operating hours for the Adventure TREKKERS
program will be 8:OOam to 5:OOpm each week.
4) Number of unduplicated youth to be served/adults to be served (if applicable):
100 youth
5) Describe the target population to be served:
The program will concentrate on youth who are:
• Ages 10 to 17
• Living in or attending a school in the 78415 zip code including the newly
added -Baker Middle School, Tom Browne Middle School and Moody
High School
• From extreme at-risk categories
6) Describe each goal of the service and/or program, including the impact on
juvenile crime:
• Reduces the amount of time spent in at-risk environments
• Replaces boredom with adventure
• Encourages critical thinking and the use of leadership skills
• Exposes participants to new ideas, activities, and places
o Opportunity to meet new friends and mingle with peers
• Interact with positive adult role models
7) Describe how CYD funds will be used to enhance existing services.
The CYD funds make this program possible for the 78415 youth. This program is
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an addition to the other summer programs that the City of Corpus Christi Parks &
Recreation Department offers. Targeting the CYD youth, this program will
introduce them to a program that most of these youth do not normally receive
without service charges. Everything the program has detailed will be offered to
these youth free of charge.
8) How will the services/program be culturally diverse:
The program will be offered on a wide-range scale to all youth of the 78415 area.
The services offered center around recreation and are available for everyone to
participate in.
9) How will this service be available to families without transportation:
Transportation from the departure site to activity sites will be provided utilizing
two passenger rental vans driven by employed Recreation Leaders.
10)Describe the "safe passage" plan for youth/families without transportation:
Transportation Safety:
Youth will depart from apre-determined safe departure site in the 78415 area.
The safe departure site will be arranged with Corpus Christi Independent School
District. The departure site will have City employed Recreation Leaders that will
check participants in each day. Two passenger rental vans driven by City
employed Recreation Leaders (who have taken the required safe driving course)
will pick participants up and take them to the daily activity. Youth will be
accounted for using a standardized checklist form before departing the home
base, when departing from program sites, and after returning from the day's
activities. Vans will be rented from Enterprise Car Rental. Seatbelts will be
required at all times. No more than 13 youth will be transported per van
accompanied by two paid City staff per van.
Program Safet rL:
Each participant will be required to complete a four hour Basic Water Safety
Training Course at the beginning of camp. Completion of this course will be
required to continue on with scheduled water activities. Three staff will
accompany youth participants on daily activities. Safety will be the number one
priority of program staff. If, at any point in an activity, staff feels that children are
in danger, all activities will be stopped immediately and youth will be re-grouped
and accounted for. All agencies that are assisting or providing services have
specific safety guidelines that are strictly enforced. Before embarking on the
day's adventure, safety guidelines will be reviewed and equipment will be
inspected. The participants will be involved in the inspection in effort to
emphasize the importance of safety.
Program staff will require youth to wear sunscreen and drink plenty of water
which will be provided by the ADVENTURE TREKKERS program. All three paid
employees will be required to have a current CPR certification. A City issued
cellular phone will be kept on hand at all times by program staff in case of
emergency or urgent situations.
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11)Staffinq: Describe the staffing plan for FY10, including staff supervision and
support and how adequate staffing in the case of vacancies or extended
absences will be ensured:
Four staff positions (one Sr. Recreation Leaders and two Recreation Leaders) will
be advertised on the City of Corpus Christi job recruitment web page. Extra
recruiting efforts for the positions will be made at Texas A&M Corpus Christi and Del
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 ability to perform
required duties. All candidates will 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 of program
Drivers safety course (Sr. Recreation Leaders)
Mandatory summer employee orientation
Mandatory program specific training
In-the event that an ADVENTURE 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 vacancy. Our division has 13 full-time positions and 20 part-time positions
that will meet the minimum standards for all four Recreation Leader positions.
The Criminal Background check includes completed DFPS Background Check
Forms 2970c and a Form 2971c turned in the Fiscal Agent. Until staff/volunteers
receive the Department of Public Safety, DFPS, and, if applicable, FBI CLEARED
checks, they should not have contact with clients or access to client information.
Additional information on each job description is attached.
II. CYD CLIENT REGISTRATION AND TRACKING SERVICES
a) A Consent Form must be explained to every individual participating in every CYD
Program. This form authorizes participation in CYD Programs and allows the Fiscal
Agent, subcontractor(s), TDFPS, and the state agency responsible for evaluating
the Community Youth Development Program to use the information provided by the
participants for evaluation purposes.
b) A Registration Form must be completed for every individual participating in any CYD
Program for each fiscal year. The Registration Forms must be submitted monthly to
the Fiscal Agent with the monthly billing.
c) A Monthly Service Tracking form must be completed with every participant receiving
services(s) on a monthly basis. The Monthly Service Tracking Form must be
submitted monthly to the Fiscal Agent with the monthly billing.
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d) Sign-In sheets for each service must be completed at every participation event.
Registration forms and Service Tracking form must be submitted for each month for
which the subcontractor(s) request reimbursement for service/program costs.
III. DOCUMENTATION OF SERVICES
Documentation of all services provided to each Community Youth Development
participant must be maintained. All of the services listed on a 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:
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
h. Sign-In sheets for every participation day
Subcontractor will adhere to the following billing schedule:
EXPENDITURES THROUGH MONTHLY BILLING DUE DATE
September 30, 2009 October 5, 2009
October 31, 2009 November 5, 2009
November 30, 20D9 December 5, 2009
December 31, 2009 January 5, 2010
January 31, 2010 February 5, 2010
February 28, 2010 March 5, 2010
March 31, 2010 April 5, 2010
April 30, 2010 May 5, 2010
May 31, 2010 June 5, 2010
June 30, 2010 July 5, 2010
July 31, 2010 August 5, 2010
August 31, 2010 September 5, 2010
V. EXPENDITURE SCHEDULE
Subcontractor agrees that if after careful review by the Fiscal Agent it does not appear
that the subcontractor will utilize all funding by the end of the third quarter (April 20,
2009), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to
reinstatement through the appeals process set below. Fiscal Agent will notify
Subcontractor in writing of the pending budget reduction to Subcontractor's budget and
give Subcontractor fourteen (14) calendar days to respond. If Subcontractor does not
respond within fourteen (14) calendar 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 fourteen (14) calendar days thereafter. However, if
Subcontractor disagrees that excess -funds are available, then Fiscal Agent and
Subcontractor will meet at an agreed upon time and Subcontractor will be given the
opportunity to present their case. Fiscal Agent will make the final decision whether to
reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds
forfeited by any Subcontractor will be used for other CYD programs. Schedule A is
provided as an estimate and will not limit the provider on expenditures.
Schedule A -Subcontractor Estimate of FY2010 Expenditures
Month Estimated Percent of Total
Expenditures Budget
September 2009 $0 0%
October 2009 $0 0%
November 2009 $0 0%
December 2009 $0 0%
January 2010 $0 0%
$0 0%
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February 2010
March 2010 $0 0%
Apri12010 $0 0%
May 2010 $1,000 5%
June 2010 $9,000 45%
July 2010 $9,000 45%
August 2010 $1,000 5%
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Attachment B-1
City of Corpus Christi, Parks ~ Recreation Department
Budget Information Forms
Contract Period: Sept. 1, 2009 thru August 31, 2010
Summary Budget
FY10
COST CATEGORY TOTAL
1. (A) Personnel -Salaries $5,510.25
(B) Personnel - Frin a Benefits 421.62
(C) Personnel -Travel 533.28
2. Materials and Supplies 474.85
3. E uipment 0.00
4. Other Costs 13;060.00
TOTAL BUDGET $20,000.00
Cash Match $0.00
In-kind Match $0.00
Perrin
Title:
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Attachment B-1
City of Corpus Christi, Parks 8~ Recreation Department
Budget Information Forms
Contract Period: Sept. 1, 2009 thru August 31, 2010
(1 a) Personnel -Salaries
FY10
A
Position or Title B
Number of
Staff for
Position C
Average Full
Time Monthly
Salary D
Percent of
Time on
Budgeted
Position E
Number of
Months
Employed F
Cost
(BxCxDxE)
(Total)
Senior Recreation Leader 1 932.00 100% 2.25 2,097.00
Recreation Leader 2 758.50 100% 2.25 3,413.25
TOTAL SALARIES Total 5,510.25
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Attachment B-1
City of Corpus Christi, Parks ~ Recreation Department
Budget Information Forms
Contract Period: Sept. 1, 2009 thru August 31, 2010
(1 b) Personnel -Fringe Benefits (Employer's Share)
FY10
Fringe Benefits Based on (1a) Salaries Paid* Fringe Benefits
Based on (1a)
Salaries Paid
Senior Recreation Leader (FICA @ 2) 160.48
Recreation Leader (FICA @ 2) 261.14
TOTAL FRINGE BENEFITS $421.62
-16-
Attachment B-1
City of Corpus Christi, Parks 8~ Recreation Department
Budget Information Forms
Contract Period: Sept. 1, 2009 thru August 31, 2010
(1 b) Personnel -Travel
FY10
Fringe Benefits
Based on (1 a)
Frinae Benefits Based on 11a) Salaries Paid* Salaries Paid
IM
TOTAL FRINGE BENEFITS ~ $533.28
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Attachment B-1
City of Corpus Christi, Parks 8~ Recreation Department
Budget Information Forms
Contract Period: Sept. 1, 2009 thru August 31, 2010
(2) Materials and Supplies
FY10
Description and Basis for Cost Total
Water for Participants $150.00
Sunscreen $19.28
Health Snacks $305.57
0.00
0.00
TOTAL CONSUMABLE SUPPLIES $474.85
-18-
Attachment B-1
City of Corpus Christi, Parks 8~ Recreation Department
Budget Information Forms
Contract Period: Sept. 1, 2009 thru August 31, 2010
(3) Equipment
FY10
Description and Basis for Method Used Total
Valuation (lease, rent, purchase, etc.
TOTAL Equipment $0.00
-19-
Attachment B-1
City of Corpus Christi, Parks & Recreation Department
Budget Information Forms
Contract Period: Sept. 1, 2009 thru August 31, 2010
(4) Other Costs
FY10
Descri tion and Basis for Cost Total
Surfing Lessons $35 x 100 participants (Program Element) $3,500.00
Windsurfing $35 x 100 participants (Program Element) $3,500.00
Tx State Aquarium Program $5 x 100 participants (Program
Element) $500.00
Fishing $20 x 100 participants (Program Element) $2,000.00
Basic Water Safet Trainin $20 x 100 participants $2,000.00
Van Rental 1,560.00
TOTAL OTHER COSTS $13,060.00
-20-
SUBCONTRACTOR: City of Corpus Christi, Parks & Recreation Request No.
CONTRACT PERIOD: 09/01 /2009 to 08/31 /2010 Reporting Month
TITLE: Community Youth Development Program
Attachment B-2
BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST
(1) - (2) *City Use
Amount (1) YTD (2) YTD Amount Only
Budgeted Expended Invoiced Requested* Amnt. Paid
Personnel -Salaries
Senior Recreation Leader 2,097.00
Recreation Leader 3,413.25
TOTAL 5,510.25
Personnel - Frinee
Senior Recreation Leader 160.48
Recreation Leader 261.14
TOTAL 421.62
Personnel -Travel
Mileage 533.28
TOTAL 533.28
Materials and Supplies
Water 150.00
Sunscreen 19.28
Snacks 305.57
TOTAL 474.85
Rental, Lease or Purchase
of Eauinment
None 0.00
TOTAL 0.00
Other Costs
Surfmg 3,500.00
Windsurfing 3,500.00
Aquarium 500.00
Fishing 2,000.00
Water Safety 2,000.00
Van Rental 1,560.00
TOTAL 13,060.00
TOTAL 20,000.00
* Amounts expended cannot exceed amount budgeted.
I certify that the expenditures shown above are true and that supporting documentation
is attached to substantiate them.
Subcontractor's Authorized Signature Date
Payment Authorization Signature
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Attachment B-3
City of Corpus Christi, Parks 8~ Recreation Department -Adventure Trekkers
Budget Narrative
The City of Corpus Christi is fiscally sound and prepared to fully fund ADVENTURE
TREKKERS until such time that reimbursements are submitted and approved. Budget
numbers were arrived upon the basis that the ADVENTURE TREKKERS program will
serve 100 youth over an eight week summer period during the summer of 2010.
Descriptions of each budget line item are listed below.
(1a) PERSONNEL -SALARIES - $5,511.32
Adventure Trekkers -Salary $5,510.25
A Senior Recreation Leader working 32 hours a week over a 7-week period at $9.99
an hour. Two Recreation Leaders working 26 hours a week over a 7-week period at
$9.38 an hour. The additional week of work is to account for training and program
closeout.
Senior Recreation Leader - 30 hrs/week x 7 weeks x $9.99/hour = $2,097.00
Recreation Leaders - 26 hrs/week x 7 weeks x $9.381hour = $1,7007.16 x 2 =
$3,413.25
(1 b) PERSONNEL -FRINGE BENEFITS - $421.68
Adventure Trekkers Program positions will not receive health, retirement, and
vacation pay or sick pay benefits. However, FICA will be included at 7.65% of the
total salaries, equaling to $421.62. $5,511.32/salaries x 7.65%/FICA = $421.62 total
for three salaries.
(1c) PERSONNEL -TRAVEL - $537.32
Program personnel will be required to drive and therefore will receive per mileage
pay. Destinations will include program sites, retailers, and city offices. The per mile
rate is calculated at $0.505 per mile x 132 miles per week x 8 weeks, coming to a
total of $533.28
(2) SUPPLIES - $469.68
Adventure Trekkers materials and supplies are based on service to 100 teens.
Materials and supplies line items are listed and described below.
Water -Because of the nature of the program and summer season, water will be
provided to participants. 25 cases x $6 each = $150.
Sunscreen
Sunscreen will be provided for participants as a preventative measure from
sunburn. 3 bottles of sunscreen x $6.43 each = $19.28
Healthy Snacks
Because teens will be going through physically enduring activities throughout the
program day, snacks will be provided to them in the afternoon $305.57
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(3) EQUIPMENT - $0
None
(4) OTHER - $13,060
All fees for program elements provided by collaborating agencies and businesses
are included in other costs
Surf Lessons- $35 per teen x 100 teens = $3,500
Windsurfing $35 per teen x 100 teens = $3,500
TX State Aquarium Sea Lab = $5 per teen x 100 teens = $500
Fishing - $20 per teen x 100 teens = $2,000
Basic Water Safety Training - $20 x 100 teens = $2,000
Rental of van to transport participants to sites = $1,560
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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. "City of Corpus
Christi-Parks and Recreation Department" will hereinafter be referred to as the
Subcontractor. The Community Youth Development Program will hereinafter be
referred to as CYD Program.
SECTION 1. LEGAL AUTHORITY
Subcontractor assures and guarantees that it possesses the legal authority to enter into
this Contract, to receive the funds authorized by this Contract, and to perform the
services Subcontractor has obligated itself to perform under this Contract. The person
signing this Contract on behalf of Subcontractor hereby warrants that he/she has been
fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor
and to validly and legally bind the Subcontractor to all the terms, performances, and
provisions herein set forth.
Acceptance of funds under this contract acts as acceptance of the authority of the State
Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit
or investigate the expenditure of funds under this contract or any subcontract.
Subcontractor further agrees to cooperate fully with the State Auditor's Office or its
successor, including providing all records requested. Subcontractor will ensure that this
clause concerning the authority to audit funds received indirectly by subcontractors
through Subcontractor and the requirements to cooperate is included in any
subcontract it awards.
The Subcontractor agrees to be in compliance with all applicable Federal, State and
local laws, including but not limited to, the following: 45 Code of Federal Regulations
("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
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Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely
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.
E. Invoices must be submitted at least once a month as set forth in the Billing
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.
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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.
J. 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
3. When needing to add a line item, cost, or expenditure to the budget.
Approval must be obtained in writing prior to incurring the expense/cost.
K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a
total bill each month in the format prescribed by the Fiscal Agent and shall accept
as payment in full the Contracted unit rate reduced by an amount equivalent to the
required percentage of certified local resources as applicable.
SECTION 4. LIABILITY FOR REPAYMENT
A. All payments under this Contract are subject to audit by the Department and the
Fiscal Agent. Subcontractor shall assume liability for repayment of funds
disbursed where such disbursement is subsequently determined to be improper or
unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for
repayment of disallowed costs with non-Federal funds. Repayment of such funds
to the Fiscal Agent shall be in accordance with the Prompt Payment Act.
Subcontractor shall also repay to the Fiscal Agent any funds found to have been
paid for the same service from funds other than CYD Program funds. In the case
of duplicate payments, the Fiscal Agent may also withhold any earned funds of
Subcontractor under this Contract or any other Contract pending satisfaction of
- 26 -
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 in order to .relieve the
Fiscal Agent of any obligation to pay for performance rendered or costs incurred
by Subcontractor prior to the date of such directive.
E. The Fiscal Agent may give a notice of modification to increase the amount of
funds available under this Contract if such funds become available and it is in the
best interest of the Fiscal Agent to do so without the solicitation of additional
proposals.
SECTION 6. ACCOUNTING REQUIREMENTS
The Subcontractor agrees to adhere to Generally Accepted Accounting Principles
- 27 -
promulgated by the American Institute of Certified Public Accountants and to follow
Fiscal Agent and Department fiscal. management policies and procedures in submitting
timely billing and maintaining financial records required to be kept under this Contract.
SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS
A. The Subcontractor agrees to submit service delivery reports required by this
Contract, self-evaluations of performance, and other reports requested by the
Fiscal Agent or Department in appropriate format and on a timely basis; and make
available at reasonable times and for reasonable periods client records and other
programmatic or financial records, books, reports, and supporting documents for
reviewing and copying by the Fiscal Agent, the Department, the U.S. Department
of Health and Human Services ("DHHS"), or their authorized representatives.
B. The Subcontractor agrees to maintain financial, programmatic, and supporting
documents, statistical records, inventories of nonexpendable property acquired,
and other records pertinent to claims submitted during the Contract Period for a
minimum of five (5) years after the termination of the Contract Period, or for five
(5) years after the end of the Federal fiscal year in which services were provided if
this Contract has no specific termination date. If any litigation, claim, or audit
involving these records begins before the five (5) year period expires, the
Subcontractor will keep the records and documents for not less than five years
and until all litigation, claims, or audit findings are resolved. The case is
considered resolved when a final order is issued in litigation, or a written
agreement is entered into between the 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
the Fiscal Agent of any payments otherwise due until such time as the
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.
SECTION 8. SUBCONTRACTING
A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose
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of this Contract or any right, title, obligation or interest it may have therein to any
third party without prior written approval of the Fiscal Agent, which includes full
disclosure of the particulars of such agreement and special assurances that such
third party shall comply with all provisions of the governing laws, the terms and
conditions of this Contract, State of Texas policies, Federal regulations and Fiscal
Agent policies, including the qualifications of the Subcontractor to perform and
meet standards of this Contract and the Community Youth Development Plan of
Operation. 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
terms and conditions of such performance. Subcontractor shall maintain and
adhere to an appropriate system, consistent with Federal, State, and local law, for
the award and monitoring of Contracts which contain acceptable standards for
ensuring accountability.
E. Subcontractor shall ensure that the performances rendered under all subcontracts
are rendered so as to comply with all the terms and provisions of this Contract as if
the performances rendered were rendered by Subcontractor.
SECTION 9. PUBLICITY
The Subcontractor agrees to place prominent notices acknowledging the funding it
- 29 -
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
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
- 30 -
Department or DHHS; and to be responsible for the timely and proper collection
and reimbursement to the Fiscal Agent and the Department of any amount paid in
excess of the proper billing amount.
C. Representatives of the Fiscal Agent and Department may periodically, without
advance notice, monitor Subcontractor for compliance, financial management and
performance of the terms and conditions of this Contract. The monitoring process
will include an analysis of program data provided by the Subcontractor to assess
the performance of this Contract and the quality of services. Monitoring shall
include review of results of criminal background checks and affidavits required
under this Contract of all Subcontractor employees or volunteers in direct client
contact.
D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will
present all findings and recommended corrective actions, if applicable, to
Subcontractor.
E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal
Agent within thirty (30) calendar days after receipt of the monitoring report with all
corrective actions planned or taken and specific detailed procedures and actions
initiated to preclude any recurrence of the practices, discrepancies, and
irregularities identified in the monitoring report.
F. The Fiscal Agent or Department, as may be applicable, upon receipt of
Subcontractor's written response to the monitoring report, shall evaluate the
corrective action plan and determine whether the corrective action plan shall be
undertaken, whether an alternative plan is needed, or whether the goals or
standards need to be modified. Regardless of the course of action taken, the
Fiscal Agent shall ensure that positive actions, procedures, and practices are
initiated to preclude recurrence or non-compliance. Upon written request, the
Fiscal Agent shall provide technical assistance to Subcontractor in correcting the
deficiencies noted. Fiscal Agent shall conduct follow-up visits to review pending
deficiencies and to assess the efforts made to correct them. If such deficiencies
persist, Fiscal Agent may withhold funds and move to terminate this Contract in
accordance with Section 33.
G. All such corrective actions shall remain open pending completion and issuance of
a written statement of closure by the Fiscal Agent or Department, as applicable.
SECTION 12. PROPERTY
A. The Subcontractor agrees to assume responsibility for the protection of all physical
property and equipment used at facilities being maintained to carry out this
Contract and take appropriate measures to meet this obligation. All such property
will be adequately safeguarded against vandalism, loss, damage, or theft.
Subcontractor must acquire and maintain property insurance for any and all
- 31 -
equipment purchased with CYD Program funds. The Fiscal Agent, the
Department, and the appropriate authorities shall be notified in writing in the case
of theft, or suspected theft, within twenty-four (24) hours of discovery. Any
missing, damaged, or destroyed property will be reported immediately in writing to
the Fiscal Agent and the Department and will include the circumstances
concerning the loss. An investigation shall be conducted by the Subcontractor to
determine the cause, and the results shall be reported in writing to Fiscal Agent
and the Department. Any property missing, damaged or destroyed shall be
replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the
event of any theft, vandalism, or other offense against the property or equipment,
the Subcontractor shall notify the appropriate local law enforcement authorities.
B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding
the return to the Department of any equipment bought under this Contract with
funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor
agrees that it wilt not give any security interest, lien, or otherwise encumber any
item of equipment purchased with Contract funds. The Subcontractor agrees to
permanently identify all equipment with appropriate tags or labels affixed to the
equipment and to maintain a current inventory record of the equipment which must
be made available to the Fiscal Agent and the Department upon request.
C. The property shall be maintained in good condition at all times. Unless waived by
the Fiscal Agent and Department, all maintenance and repair costs associated
with any property shall be borne by the Subcontractor. All property must be
returned to original condition, except for normal wear and tear, prior to return of
the property to the Fiscal Agent.
SECTION 13. YEAR 2000 COMPLIANCE
Subcontractor has full responsibility to anticipate and mitigate any four-digit-year
related events that could adversely affect the timely performance of this Contract
or the date-related operations of any goods, files, or services provided pursuant to
it. Subcontractor warrants the fault free performance in the processing of date and
date-related data by any product developed and delivered to Fiscal Agent
pursuant to this Contract. Fault-free performance includes manipulation of data
with dates prior to, through, and beyond January 1, 2000, and during leap years.
Subcontractor agrees that all software developed and delivered pursuant to the
contractual requirements herein shall use four-digit-year elements. Subcontractor
further agrees that four-digit-year elements will be used in any electronic data
interchange that may occur with the Fiscal Agent as a result of this Contract.
Subcontractor shall not be entitled to additional compensation or additional time to
perform these obligations.
SECTION 14. TAXES
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The Fiscal Agent and the Department will not be liable for Federal, State, or local excise
taxes incurred by or assessed against Subcontractor. The Subcontractor must be able
to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section
1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of
Internal Revenue Service Form W-2s to common law employees. The Subcontractor is
responsible for both Federal and State unemployment insurance coverage and
standard workers' compensation insurance coverage. The Fiscal Agent and
Department will not be liable to the Subcontractor or its employees for any
unemployment or workers' compensation coverage, or Federal or State withholding
requirements. The Subcontractor must comply with all Federal and State tax laws and
withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and
Department and pay to the Fiscal Agent or Department all costs, penalties, or losses
whatsoever occasioned by the Subcontractor's omission or breach of this section.
SECTION 15. DISPUTES
The Fiscal Agent is responsible for hearing any grievances, including disputes, claims
or protests, arising out of the administration and operations of programs funded under
CYD Program. Non-discrimination complaints alleging a violation of the CYD Program
must be initiated by filing a Grievance Information Form within 365 days of the action
complained of. Non-discrimination complaints that do not allege a violation of the CYD
Program may be initiated by filing a Grievance Information Form within 30 days of the
action complained of. Correspondence regarding a complaint or grievance should be
directed to the attention of the Fiscal Agent.
SECTION 16. INDEPENDENT AUDIT
The Subcontractor agrees to submit an annual financial and compliance audit of the
Subcontractor's fiscal year-end in accordance with the Single Audit requirements of
OMB Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations).
A. Subcontractor understands and agrees that it shall be liable for all costs
associated with said audit.
B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for
any costs disallowed as a result of said audit in accordance with the "Liability for
Repayment" provisions of this Contract, as set out in Section 4 of these Standard
Terms and Conditions.
C. The Fiscal Agent and Department reserve the right to conduct an independent
audit of all funds received under this Contract. The audit may be performed by the
Fiscal Agent, a certified public accounting firm, or other auditors as designated by
the Fiscal Agent or the Department. Such audit will be conducted in accordance
with applicable professional standards and practices.
D. In the event a final audit has not been performed prior to termination of this
Contract, the Fiscal Agent shall retain the right to recover funds after fully
- 33 -
considering the recommendations on disallowed costs resulting from such final
audit.
E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its
Sub-Subcontractors shall immediately report to the Fiscal Agent and the
Department any incidents of fraud, abuse, or other criminal activity in the relation
to the. provisions of this Contract or applicable State Regulations.
SECTION 17. PREVENTION OF CONFLICTING INTERESTS
A. Every reasonable course of action shall be taken by the Subcontractor to maintain
the integrity of this expenditure of public funds and to avoid favoritism and
questionable or improper conduct. This Contract shall be administered in an
impartial manner, free from personal, financial, or political gain. Subcontractor, its
executive staff, and employees, in administering this Contract, shall avoid
situations that give an appearance or suggestion that any decision was influenced
by prejudice, bias, special interest or desire for personal gain.
B. No member, officer, agent, or employee of the Fiscal Agent or the Department
who exercises any functions or responsibilities in the review or the approval of the
undertaking or carrying out of this Contract shall participate in any decision relating
to this Contract which affects his/her financial interest.
C. Executives and employees of Subcontractor shall be particularly aware of the
varying degrees of influence that can be exerted by personal friends and
associates and shall exercise due diligence to avoid situations which give rise to
an appearance or assertion that favorable treatment is being granted by friends
and associates who are also members, officers, agents, or employees of the
Fiscal Agent or the Department. A permanent record of any transaction involving a
Subcontractor who is also a friend or associate of a member, officer, agent, or
employee of the Fiscal Agent or the Department shall be retained when it is in the
public interest for the Fiscal Agent or the Department to conduct business with
such person.
D. Members, officers, agents, and employees of the Fiscal Agent or the Department
and elected officials shall not solicit nor accept money or any other consideration
from Subcontractor or any other third person for the performance of an act
reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies,
materials, equipment, or services purchased with Contract funds shall be used
solely for the purposes allowed under this Contract. No member of the Fiscal
Agent or the Department shall cast a vote on the provision of services by that
member or by any organization which that member represents or vote on any
matter which would provide direct financial benefit to that member or any business
or organization which the member directly represents.
SECTION 18. FRAUD AND ABUSE PREVENTION
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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 (70) 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.
SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED
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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 21. POLITICAL ACTIVITY/LOBBYING
The Subcontractor will not use any funding under this Contract to influence the outcome
of elections or the passage or defeat of any legislative measures.
No funds provided under this Contract may be used in any way to influence or attempt
to influence in any manner a member of Congress to favor or oppose any legislation or
appropriation by Congress or for lobbying with State or local legislators. Subcontractor
shall comply with the requirements of New Restrictions on Lobbying imposed by 29
CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55,
No. 116, dated June 15, 1990, and codified at 31 United States Code ("USC") 1352, as
amended. Subcontractor shall comply with the certification and disclosure requirements
in Attachment F to this Contract.
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. Subcontractor shall comply with all applicable Federal and State regulations and
with Department policies and procedures regarding services delivered under this
Contract including, but not limited to, the following:
Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), The Americans with
Disabilities Act of 1990 (Public Law 101-336), and all amendments to each,
and all requirements imposed by the regulations issued pursuant to these
Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter
73, of the Texas Administrative Code, as amended. These laws provide in part
that no persons in the United States shall, on the grounds of race, color,
national origin, sex, age, physical/mental disability, drug or alcohol abuse or
alcoholism, political beliefs, or religion be excluded from participation in or
denied any aid, care, service or other benefits .provided by Federal or State
funding or otherwise be subjected to discrimination;
2. Texas Health and Safety Code, Section 85.113, as amended, relating to
workplace and confidentiality guidelines regarding AIDS and HIV);
3. Immigration Reform and Control Act of 1986, as amended, regarding
employment verification and retention of verification forms for any individuals
who will perform any labor or services under this Contract;
4. Establish a method to ensure the confidentiality of records and other
information relating to clients according to applicable Federal and State laws,
rules, and regulations. This provision does not limit the Fiscal Agent's or the
Department's right of access to client case files or other information relating to
- 36 -
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,
neglect, or exploitation, or an offense against the person, an offense against
the family, or an offense involving public indecency under the Texas Penal
Code, as amended, or an offense under the Texas Controlled Substances Act.
If it is determined that the employee or volunteer has not committed such
offenses, the employee or volunteer may again be assigned to direct client
contact; provided however, the Subcontractor shall notify the Fiscal Agent and
the Department of its intent to reassign within ten (10) working days prior to the
reassignment. The Subcontractor must provide the Fiscal Agent and the
Department with further information concerning the reasons for the
reassignment upon the request of the Fiscal Agent or the Department. If the
employee or volunteer is found to have committed any of the offenses listed in
- 37 -
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.Allowany of Subcontractor's employees to testify in judicial proceedings and
administrative hearings, at the request of the Department or Fiscal Agent; and,
13. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163), as amended.
B. The Subcontractor shall have written participant and employee grievance
procedures consistent with applicable Federal and State requirements. The
Subcontractor shall establish and maintain complaint procedures to resolve all
complaints arising directly or indirectly out of this Contract.
C. As subcontracts and supplier contracts become necessary to carry out the
requirements of this Contract, Subcontractor covenants to make a good faith effort
to contract with historically underutilized or disadvantaged businesses certified as
such by the State of Texas. Subcontractor shall make a good faith effort to
contract at least thirty (30) percent of the total value of all subcontracts and
supplier contracts for the performance of the activities required by this Contract to
historically underutilized or disadvantaged businesses.
SECTION 23. HEALTH AND SAFETY STANDARDS
Health and safety standards established under Federal, State and local laws are
applicable to working conditions of participants in programs under this Contract. With
respect to any participant in a program conducted under this Contract who is engaged
in activities which are not covered by health and safety standards under the
Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and..the..
Department may prescribe such standards as may be necessary to protect the health
and safety of such participants.
SECTION 24. INSURANCE
A. When Subcontractor is not a governmental entity with taxing authority, the following
provisions shall apply: Insurance shall be provided for direct delivery of protective
services and other services under this Contract. The Subcontractor shall obtain
and furnish proof of the following bonding and insurance coverage within forty-
eight (48) hours of the award of this Contract or at such other time as may be
specified by the Fiscal Agent or the Department:
- 38 -
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
shall be considered breach of Contract and Contract awarded shall be immediately
cancelled.
C. The Department may waive all or part of these insurance requirements at its
discretion.
D. When Subcontractor is a governmental entity with taxing authority, Subcontractor
shall be required to provide only the workers' compensation insurance coverage,
as set out above, but shall also be subject to the indemnification provisions
contained in Section 19 (Indemnification) of these Standard Terms and
Conditions.
- 39 -
E. The Fiscal Agent shall be named as a Certificate Holder on all policies named
above and such coverage shall not be canceled or materially changed unless, 30
days prior to the effective date, a written notice is sent to the Fiscal Agent at the
address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal
Agent shall not be responsible for the payment of premiums or assessments on
such policies.
SECTION 25. DEBARMENT AND SUSPENSION
A. The Subcontractor shall comply with the Federal regulations implementing
Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as
amended, and, in so doing, provide to the Fiscal Agent and the Department, upon
Subcontractor's signature and execution of this Contract and prior to Fiscal
Agent's execution of this Contract, a certification bearing the following statement:
Subcontractor certifies that neither it nor its principals are presently
debarred, suspended, proposed-for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal
department or agency.
A copy of this certificate and regulations shall be provided to Subcontractor by
Fiscal Agent.
B. Additionally, the Subcontractor shall comply with this regulation and requirement
with regards to its subcontractors. Subcontractor shall require the same
certification from its subcontractors, which shall be forwarded to Fiscal Agent along
with the request for Sub-subcontractor approval as required by Section 8
(Subcontracting) of these Standard Terms and Conditions.
SECTION 26. NOTICE 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 produced by the. Subcontractor that is the subject of this
Contract; and
2. Defend any claims, suits, or proceedings brought against the State of Texas,
the Department or the Fiscal Agent on the issue of infringement of any
copyright by any product, or any product part, supplied by the Subcontractor to
the Fiscal Agent or Department under this Contract. The Subcontractor will
pay, subject to limitations specified in this section, any final judgment entered
against the State of Texas, the Department, or the Fiscal Agent on this issue
- 40 -
in any suit or proceeding defended by the Subcontractor. The Subcontractor
will be relieved of this obligation if, within 30 days after the Fiscal Agent and
Department receive notice, the Fiscal Agent or Department fails to notify the
Subcontractor in writing of any claim, suit, or proceeding and, at the
Subcontractor's expense, give the Subcontractor all information needed to
defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney
General of Texas.
B. With respect to any invention resulting from this Contract, the Fiscal Agent and the
Department have a nonexclusive, non-transferable, irrevocable, paid-up license to
practice or have practiced the subject invention throughout the world.
C. The Subcontractor shall report to the Fiscal Agent and the Department within 30
days and in reasonable written detail each notice or claim of patent or copyright
infringement based on the performance of this Contract of which the
Subcontractor has knowledge.
D. In the event of any claim or suit against the Fiscal Agent or the Department on
account of any alleged patent or copyright infringement arising out of the
performance of this Contract or out of the use of any supplies furnished or work or
services performed under this Contract, the Subcontractor shall furnish to the
Fiscal Agent and the Department, when requested, all evidence and information at
the expense of the Fiscal Agent or the Department except where the
Subcontractor has agreed to indemnify the Fiscal Agent or the Department.
E. The Subcontractor agrees to include, and require inclusion of, this clause in all
subcontracts at any tier for supplies or services expected to exceed $15,000.
SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION
Subcontractor agrees to maintain the confidentiality of any information regarding
applicants, program participants, and their immediate families which may be obtained
through application forms, interviews, tests, reports from public agencies or counselors,
or any other source. Without the permission of the applicant or participant, such
information may be disclosed only as necessary for purposes related to the
performance or evaluation of this Contract and to persons having responsibilities under
this Contract. However, Subcontractor's information may be subject to required public
disclosure under the Texas Public Information Act, Chapter 552 of the Texas
Government Code.
SECTION 28. COMMUNICATIONS
All notices and requests given to or made to the parties must, except as otherwise
specified, be in writing and delivered or mailed at the notice addresses specified on the
Cover Sheet of this Contract. The parties may change their notice addresses upon five
(5) written days notice to the other party. Any notices or requests are deemed given
- 41 -
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
for payment of any money arises unless and until funds are made available to the
Fiscal Agent.
SECTION 32. TRAINER QUALIFICATIONS
A. Subcontractor agrees to ensure that instructors, trainers, counselors and other
professional and paraprofessional staff shall be properly certified where required
by the Federal, State or local laws. Subcontractor agrees to ensure that
instructors, trainers, counselors professional and paraprofessional and other staff
shall possess education, training, and or experience to provide the skills,
knowledge, and abilities necessary to perform the duties of the position. The
- 42 -
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, with opportunity to cure, 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, upon written notice
of default to the Subcontractor and opportunity to cure, or take other actions,
including, but not limited to:
1. requiring the Subcontractor to take specific corrective actions in order to remain
in compliance with any contractual provision;
2. to recoup payments made to the Subcontractor or impose administrative error
sanctions based on audit findings of violations of Contract requirements; and,
3. to suspend, place into abeyance or remove any contractual rights to include,
but which are not limited to, withholding of payment, cessation of placement
and removal of all Contract rights.
C. If Federal or State laws or other requirements are amended or judicially interpreted
so that either party cannot reasonably fulfill this Contract, and if the parties cannot
agree to an amendment that would enable substantial continuation of the services,
the parties shall be discharged from any further obligations under this Contract.
- 43 -
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 14 calendar days
advance written notice to the other party. This Contract will be terminated at the
end of the 14 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.
SECTION 35. MONTHLY PERFORMANCE REVIEW
Subcontractor will be notified monthly by written correspondence to identify the
Subcontractor's performance in accordance with the. performance measures identified
in Attachment A-1. These reviews will be considered as Notice of Performance and may
be used as a determination of performance.
SECTION 36. SUSPENSION OF PAYMENTS.
- 44 -
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.
Subcontractor will be given prompt written notice and the opportunity for a hearing
within fourteen (14) calendar days from such suspension.
SECTION 37. REPAYMENT OF FUNDS.
Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar 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.
- 45 -
New Window ~ Heia ~ ,,
Yiew Job Postings
~~o Title: Recreation Leader
Location: Park & Recreation Grants
Reference #: 304252
Org Mark®ting Statement
We welcome and appreciate your interest to employment with the City of Corpus Christi. As a recipient
of the "All-America City" award, we are an equal opportunity employer; no information obtained during
the recruitmenUselectionprocws is intended for any discriminatory purposes.
Pay, Benefits, 8~ Work Schedule
Grade: 913
Salary: $9.38/hr
Department: Parks and Recreation Grants
E-mail: clintw@cctexas.com
ATTENDANCE REQUIRED FOR THIS POSITION AREAS FOLLOWS:
Rotating shift Monday through Saturday, Sam to 7pm. Will require two ovemight camping trips.
Responsibilities
Assist with the implementation of outdoor recreation programs for youth. Recruit and register youth for
the Community Outdoor Outreach program. Give presentations and instruct youth on environmental
awareness, outdoor safety practices, and various outdoor activities. Assist with reports as required by the
COOP grant. Supervise youth participating in outdoor recreation activities including kayaking,
orienteering, and two overnight camping trips.
alifications
Work requires knowledge necessary to understan. d basic ~erational, technical, or office process. Level
of knowledge equivalent to four years of high school or equivalency. Background in outdoor recreation
activities or supervising youth programs preferred. Must obtain First Aid/CPR certificatlons within first
(1st} week of hire. Must have a valid driver's license at the time of application and at the time of hire.
Basis of Rating
One on one.
Closing Statement
Any position that lists a minimum qualification for education level and/or ficenselcertification will require
the applicant to provide proof of documentation if selected for hire into the position with the City of
Corpus Christi.
Employees are required to work in order to provide for the safety and well-being of the general public,
including the delivery and restoration of vital services, in the event of an emergency.
This position is classified as "Safety Sensitive". All employees in safety sensitive positions are subject to
random drug testing, pursuant to City policy, HR 15.0 Ak:ohol and Drug Abuse.
Return
-46-
New Window `Hem
View Job Postings
.,.,o Title: Senior Recreation Leader
Location: Park & Recreation Grants
Reference #: 304253
Org Marketing Statement
We welcome and appreciate your interest in employment with the City of Corpus Christi. As a recipient
of the "All-America City" award, we are an equal opportun"rty employer; no information obtained during
the recruitment/selection process is intended for any discriminatory purposes.
Pay, Benefits, ~ Work Schedule
Grade: 914
Salary: $10.22/hr
Department: Parks and Recreation Grants
E-mail: clintw@cctexas.com
ATTENDANCE REQUIRED FOR THIS POSITION ARE AS FOLLOWS:
Rotating shift, Monday through Friday, Sam to 7pm. This position will require attendance on two
ovemight camping trips.
Responsibilities
Oversee the implementation of outdoor recreation programs for youth. Recruit and register youth for the
Community Outdoor Outreach program. Give presentations and instruct youth on environmental
awareness, outdoor safety practices, and various outdoor activities. Give direction to staff and
participants. Compile reports as required by the COOP grant. Supervise youth participating in outdoor
-eation activities including kayaking, orienteering, and two overnight camping trips.
..,aalifications
.__ _ ..
Work requires knowledge necessary to understand'basic operational, technical, or office process. Level
of knowledge equivalent to four years of high school. or equivalency. One year of experience in outdoor
recreation activities or supervising youth in recreation programs. Must obtain First Aid/CPR certifications
within first (1st) week of hire. Must have a valid driver's license at the time of application and at the time
of hire.
Basis of Rating
One on one.
Closing Statement
Any position that lists a minimum qualification for education level and/or license/certification will require
the applicant to provide proof of documentation if selected for hire into the position with the City of
Corpus Christi.
Employees are required to work in order to provide for the safety and well-being of the general public,
including the delivery and restoration of vital services, in the event of an emergency.
This position is classified as "Safety Sensitive". All employees in safety sensitive positions are subject to
random drug testing, pursuant to City policy, HR 15.0 A~ohol and Drug Abuse.
Return
-47-
Texas Dept of Family Contractor Assurances Form 4733
and Protective Services
(With Certifications)
September 2004
Failure to respond "yes" to all applicable assurances could result in no award or the nonrenewal of your contract with the
Department.
1. Contractor has no unresolved audit exception(s) with the Department. An unresolved audit ®Yes ^ No
exception is an exception for which the Contractor has exhausted all administrative and/or
judicial remedies and refuses to comply with any resulting demand for payment.
2. The amounts listed below are the only amounts that the Contractor owes to the Department for ®Yes ^ No
audits or recoupment: (If none, mark "yes" and indicate "0" or "none" in the space below.)
None
3. Contractor has not sold or transferred ownership of any Department payments due to Contractor ®Yes ^ No
to any third party, which would result in such payments being made to the third party.
4. Contractor agrees to accept training, technical assistance and monitoring from the Department ®Yes ^ No
and/or its authorized representatives.
5. Contractor certifies that the Contractor's staff or governing authority has not participated in the ®Yes ^ No
development of specific criteria for award/renewal of this contract, and will not participate in the
selection of applicants awarded contracts.
6. Contractor has not retained or promised to retain an agent or utilized or promised to utilize a ®Yes ^ No
consultant who has participated in the development of specific criteria for the award/renewal of
this contract, nor will participate in the selection of successful applicants awarded this contract.
7. Contractor agrees to provide the Department with information necessary to .validate any ®Yes ^ No
statements made in this contracting/renewal process if requested by the Department. This may
include, but is not limited to, allowing access for on-site observation, granting permission for the
Department to verify information with third parties, allowing inspection of Contractor records, and
allowing inspection of plans for compliance.
8. Contractor understands that failure to substantiate any statements made in the ®Yes ^ No
contracting/renewal process, when substantiation is requested by the Department, could cause
the Contractor to fail to receive a contract or to fail to have its contract renewed.
9. Contractor agrees to comply with regulations, policies and procedures as specified by the ®Yes ^ No
Department as they relate to particular programs or services under this contract.
10. Contractor will submit any bills required on a calendar-month basis.
® Yes ^ No
11. Contractor has written, or will have written by the effective date of this contract, or its renewal, ®Yes ^ No
Personnel Policies that comply with federal and state regulations and policies.
12. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), ®Yes ^ No
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 its amendments to each, and all
requirements imposed by the regulations issued pursuant to these acts. In addition, the
Contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code.
These provide in part that no persons in the United States shall, on the grounds of race, color,
national origin, sex, age, disability, political beliefs or religion be excluded from participation in,
or denied, any aid, care, service or other benefits provided by federal and/or state funding, or
otherwise be subjected to discrimination. Contractor further agrees to comply with Health and
Safety Code Section 85.113 relating to workplace and confidentiality guidelines regarding AIDS
and HIV.
Community Youth Development Request For Proposals - FY 2010 Page 48
Texas Department of Family Contractor Assurances Form 4733
And Protective Services
(With Certifications)
13. Contractor uses generally accepted accounting procedures for fiscal management.
September 2004
® Yes ^ No
14. Contractor certifies that the Contractor's organization has not had a contract terminated or been ®Yes ^ No
denied the renewal of any contract for noncompliance with policies or regulations of any state or
federally funded program within the past 24 months.
15. Contractor will make available, at reasonable times and for reasonable periods, client records, ®Yes ^ No
books and supporting documents pertaining to services provided for inspecting, monitoring,
auditing, or evaluating by Department personnel or their representatives.
16. Contractor certifies that funds requested in this contracting/renewal process will not be used to ®Yes ^ No
replace federal, state or local funding.
17. Contractor will maintain case records and statistical information as required by the Department. ®Yes ^ No
18. If Contractor plans to utilize a subcontractor, the written subcontract will comply with this ®Yes ^ No
contract and other relevant Department policies/procedures and will be approved by the
Department in accordance with the Department's subcontract approval procedures for
residential child care contracts.
19. Contractor has written, or will have written by the effective date of this contract/renewal, plans ®Yes ^ No
for the handling of client complaints and grievances.
20. Contractor will establish a method to ensure confidentiality of records and other information ®Yes ^ No
relating to clients according to applicable federal and state law, rules, and regulations. This
provision does not limit the Department's right to access records under this contract.
21. Contractor will comply with all requests of the Department to meet federal regulations and with ®Yes ^ No
all terms of the contract.
CERTIFICATION: I certify that the information reported in this contract/renewal is, to the best
of my knowledge, complete and accurate; that the named legal entity has authorized me, as its
representative, to submit this contract/renewal; and that the legal entity will comply with all
terms of the contract/renewal, including meeting all screening criteria. I have attached a
Corporate Board of Directors Resolution, or similar document authorizing me to enter into
contracts on behalf of this legal entity.
Signature of Au orized Representative
6-3-09
Date
Becky Perrin Program Services Superintendent
Name of Authorized Representative (Printed) Title of Authorized Representative (Printed)
Community Yout/i Develoament Request For Proposals - FY 2010 Page 49
Texas Department of Family Certification Regarding Debarment
And Protective Services Suspension, Ineligibility and Voluntary
Form 2046
May 2004
Exclusion for Covered Contracts
Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services
(DFPS) to determine whether each potential contractor has been debarred or suspended or proposed for
debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(1) or has
accepted a voluntary exclusion. Each covered contractor must also make the same determination for each of
its covered subcontractors. Contractors and subcontractors are both referred to as lower tier participants in
this Certification.
Instructions for Certification
By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below:
The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances, whether the
circumstances occur before the contract begins, during the term of the contract, or during the term of an
extension of the contract.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause,
have the meaning set out in the Definitions and Coverage sections of federal rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a
copy of those regulations.
4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
Do you have or do you anticipate having subcontractors under this proposed contract?
^ Yes ®No
5. The prospective lower tier participant further agrees by submitting this proposal that it will include this
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
Community Youth Development Request For Proposals - FY 2070 Page 50
Texas Department of Family Certification Regarding Debarment Form 2046
And Protective Services Suspension, Ineligibility and Voluntary May 2004
Exclusion for Covered Contracts
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
Indicate in the appropriate box which statement applies:
® The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
OR
^ Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant has attached an explanation to this certification.
City of Corpus Christi Parks and Recreation, Recreation Centers Division
.Name of Potential Contractor
74-6000574
Vendor ID No. or Social Security No.
~'~
Signature of Auth rize Representative
N/A
DFPS Contract No. (if applicable)
6-3-09
Date
Becky Perrin Program Services Superintendent
Printed/Typed Name of Authorized Representative Title
Cnmmuni/v Ynufh Aevelnnmant Ramivcf Fnr Prnnncnlc - FV 2010 Pnuv 51
Texas Dept of Family Certification Regarding Federal Lobbying Form 2047e
and Protective Services (Certification for Contracts, Grants, Loans, and Cooperative May 2ooa
Agreements)
PREAMBLE
Federal legislation, Section 319 of Public Law 101-121 generally prohibits entities from using federally appropriated funds
to lobby the executive or legislative branches of the federal government. Section 319 specifically requires disclosure of
certain lobbying activities. A federal government-wide rule, "New Restrictions on Lobbying," published in the Federal
Register, February 26, 1990, requires certification and disclosure in specific instances and defines terms:
Covered Awards and Subawards -Contracts, grants, and cooperative agreements over the $100,000 threshold need (1)
certifications, and (2) disclosures, if required. (See certification term number 2 concerning disclosure.)
~~
Lobbying - To lobby means to influence or attempt to influence an officer or employee of any agency (federal), a member
of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any of the
following covered federal actions:
• the awarding of any federal contract,
• the making of any federal grant,
• the making of any federal loan,
• the entering into of any cooperative agreement, and
• the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or
cooperative agreement."
Limited Use of Appropriated Funds Not Prohibited -The prohibition on using appropriated funds does not apply to
activities by one's own employees with respect to:
liaison activities with federal agencies and Congress not directly related to a covered federal action;
providing any information specifically requested by a federal agency or Congress;
• discussion and/or demonstration of products or services if not related to a specific solicitation for a covered action;
or
professional and technical services in preparing, submitting or negotiating any bid, proposal or application for a
federal contract, grant loan or cooperative agreement or for meeting legal requirements conditional to receipt of
any federal contract, grant, loan or cooperative agreement. (The prohibition also does not apply to such services
provided by nonemployees for the same purposes.)
Professional and Technical Services -Professional and technical services shall be advice and analysis directly applying
any professional or technical expertise. Note that the professional and technical services exemption is specifically limited
to the merits of the matter.
Other Allowable Activities -The prohibition on use of federally appropriated funds does not apply to influencing activities
not in connection with a specific covered federal action. These activities include those related to legislation and
regulations for a program versus a specific covered federal action.
Funds Other Than Federal Appropriations -There is no federal restriction on the use of nonfederal funds to lobby the
federal government for contracts, grants, and cooperative agreements.
Applicability of Other State and Federal Requirements -Neither the government-wide rule nor the law affect either (1)
the applicability of cost principles in OMB circulars A-87 and A-122, or (2) riders to the Texas State Appropriations Acts
which disallow use of state funds for lobbying.
TERMS OF CERTIFICATION
This certification applies only to the instant federal action for which the certification is being obtained and is a material
representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
Community Youtlr Development Request For Proposals - FY 2010 Page 52
Texas Department of Family Certification Regarding Federal Lobbying Form 2047e
And Protective Services (Certification for Contracts, Grants, Loans, May 2004
and Cooperative Agreements)
The undersigned certifies, to the best of his or her knowledge and belief, that:
No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,
or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract,
subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions. (If needed, contact your Texas Department. of Family
and Protective Services procurement officer or contract manager to obtain a copy of Standard Form-LLL.)
3. The undersigned shall require that the language of this certification be included in the .award documents for all
covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all covered subrecipients shall certify and disclose accordingly.
Do you have or do you anticipate having covered subawards under this transaction? ^ Yes ®No
City of Corpus Christi Parks and Recreation Department, Recreation Centers
Name of Contractor/Potential Contractor
74-6000574
Vendor ID No. or Social Security No.
Signature- Authorized
Becky Perrin
Name of Authorized Representative
N/A
DFPS Contract No,
6-9-09
Date
Program Services Superintendent
Title
Common/tv Ynu>/r Aevelnnmen/ Renues> Fnr Pronn.m/c - FY 2010 Pnua S 3