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C2010-006 - 1/12/2010 - Approved
CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2010-6 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 SERCO of Texas 226 Enterprize. Ste. 104 555 North Carancahua, Ste 900 Corpus Christi, TX 78405 Corpus Christi, TX 78478 Telephone: (361) 826-4028 Telephone: (361) 361-903-7881 FAX: (361) 299-1410 FAX: (361) 361-903-7880 Contact Person: Celina Pulcher Contact Person: Nancy Bonilla 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 ~ ~Of ~D©~-AOTHUKILt~ FUNDING OBLIGATION: Not to exceed 100 000.00 for FY 2010 for Contract Periold ~~~~~~~~ stated above. $ ~ _„~_,_,~.~. ..................- SECI~i:Tr~Ri' Executed in triplicate, each of which recognized as an original. ATTEST Armando Chapa City Secretary 30~~ Legal form approved `~L-- ~ ,~t169'' 2010-006 M2010-002 01/12/10 ~ ~V~`~'') SERCO of Texas City of~Corpus Christi N~ A Escobar ity Manager Subcontractor: SERCO of Texas By: V ~.~ Nicki .Valdez, Vice-Presiden Date: 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM SERCO of Texas TABLE OF CONTENTS Contract Cover Sheet Page No. Table of Contents ............................................................................................ i Contracted Performance Measures (Attachment A-1) ................................1 Statement of Work (Attachment A-2) ............................................................. 5 Budget Information Forms (Attachment B-1) ............................................... 22 Reimbursement Request Form (Attachment B-2) ........................................ 29 Budget Narrative (Attachment B-3) ................................................................ 30 Standard Terms and Conditions (Attachment C) ......................................... 32 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 Quaycations 33. Tem~ination 34. Force Majeure 35. Monthly PerFormance Review 36. Suspension of Payments 37. Repayment of Funds 38. Subcontract Compliance with Primary Contract Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) ii ~ttaehment A 4 __ __ SERCO of Texas 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: 600 Note: If adults will be served, a separate output measure wilt 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. -1- : ~yeuth--under-the-age of _ 1~ _ ye -- 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 (4th _ 8th). Target: 90% Output #5: Completed Asset Survey Indicator: Percent of youth registered by a service provider that complete an initial (pre) asset survey and a follow up (post) asset survey. Only those youth who are initially registered by a provider will be included in the calculation for this output. Youth served by a provider, but whom another provider initially registered for the CYD program, will not be included in the calculation for this output. 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 befinreen 15 days prior to and 15 days after the four month -2- ~~~t}#aving~~mpleted the ini#iaF as __ _ leaves the program, whichever comes first. Follow-up Post tests will be given once a year until the end of the contract period. Target: Minimum nefi 10% increase in youth protective factors. Ou~ome #Z: 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 PEIS 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 Aggregate - 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 Survev 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 ftom the 7-point Likert scale for each of the first five items on the Questionnaire. Eligible (to respond to the Post-Service Protective Factor Survev 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 ftom the date the Pre-Service Protective Factor Survey Questionnaire was completed; or -3- ~liaibl~ Ito resoond to the Pre-Service Protective Factor Survev Questionnaires - A 10-17 year old Target Youth must be registered into the Community Youth Development Program. Eligible (To resaond 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. Liken 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. ,P~~e-Service Protective Factor urvey 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. a i fied - 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 ZIP Code areas. Undualicated 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. -4- Attachment A-2 STATEMENT OF WORK Subcontractor: SERCO of Texas Program Name: SERCO Career Program 1. SERVICES TO BE PROVIDED 1) Describe the service to be provided in detail: The SERCO Job Skills and Career Program proposes to serve six sites: Lexington Elementary School, Central Park Elementary School, Sam Houston Elementary School, Baker Middle School, South Park Middle School and Carroll High School. Igniting the excitement of our future workforce is the key to student achievement. This program will do just that -inspire students to dream of being successful in a career. Through immersion in hands-on learning, job shadowing, business internship demonstrations, educational field trips, higher education campus tours and demonstrations, elementary and middle school students /become aware of careers in their community and the education and training requirements necessary to secure these jobs in the future. Focusing on current and future high-demand occupations in Texas and in the Coastal Bend, students participating in the program will gain first-hand job experience in the petrochemical and refining industries, health and science careers, advanced technologies and manufacturing, energy and other growing trade and skill sets. Students will also learn about public service professions and other technical jobs including jobs in public safety, government, hospitality and tourism, and other service professions. While inspiring students to plan for their future and gain employment in profitable careers, SERCO's proposed program participants will also learn how their academic subjects apply to these jobs - connecting education to the real world. In recognizing the need to encourage positive past time activities, students participate in outdoor recreation, reading and discussions, and visit local points of interest. Through participation in the program, staff, mentors and other partnering organizations encourage students to evaluate their career options, graduate from high school, and pursue education or training. A combination of group learning and experiences, work site visits, career exploration activities and traditional and career mentoring will offer a unique opportunity for the program and the target population of students within this zip code. Career mentors and experiences will provide students with a platform for studying traditional academics and learning the skills specific to a career. These groups will learn about the 16 Career Clusters as established by the U.S. Department of Education model. Short 10 minute videos will be utilized to depict -5- top occupations and the basic job requirements of these careers based on the Workforce Solutions of the Coastal Bend's data for employment needs in the Coastal Bend. A touch screen computer was provided to one of the middle school campuses this past program year to pilot this mode of access to career information. SERCO proposes to expand this mode into the other campuses it will serve. One of the exciting parts of the program is that students will leave campus on a regular rotating basis to visit any of a number of exciting worksites and educational institutions. The Internet will also be utilized to offer a pre- recorded web-based version of an actual visit to the worksite-a "virtual reality" trip as it will not always be possible to send an entire group to a location. This network of career mentors will demonstrate job appropriate skills to give the students insight into job performance and the requirements to be successful in attaining a similar position in the future. Many educational lessons can be formulated to answer student questions regarding pay scales, length of the preparatory course of study, and special training opportunities where they might have the opportunity to co-enroll in the Workforce Solutions youth program which provides funding for occupational related training and support services such as gasoline assistance, work clothes and supplies, etc. SERCO's proposed program will better prepare students to plan for their futures as they prepare to enter the workforce while promoting positive activities for youth to be engaged in with less likelihood of engaging in delinquent behavior. Career Exploration• A Career Club will be implemented on both the middle and high school campuses to provide students with guidance to make career decisions and promote long term goals such as college exploration and career exploration. They will have the opportunity to team about various career fields through guest speakers and field trips as well as attending College Career Fairs and Industry Fairs. Guest speakers will be scheduled bi-weekly so that all the career clusters can be covered over the school year. Students on both the middle school and high school campuses will be encouraged to undertake the PSAT and SAT or ACT exams, depending on grade level. The high school students will also be offered the opportunity to participate in workshops for resume writing, interviewing techniques, appropriate interview attire, etc. A career day will be planned for them as well as inviting various employers to conduct mock interviews with the students while providing feedback for improvement of interviewing skills. In addition, speakers from various fields of interest will be recruited to present information to students on a bi-weekly basis as part of a lunch "career club" during the three scheduled lunch shifts. High school students will be offered the opportunity to participate in National Groundhog Job Shadow Day where they will be placed at a worksite in a career field of interest. In the U.S. Department of Education model, there are 16 Career Clusters -each has their own knowledge and skills requirements. We will examine as many of these as is possible, with students having the opportunity to talk to professionals in each of the categories -6- 1. Agriculture, Food and Natural Resources 2. Architecture and Construction 3. Arts, AN Technology and Communications 4. Business, Management and Administration 5. Education and Training 6. Finance 7. Government and Public Administration 8. Health Science 9. Hospitality and Tourism 10. Human Services 11. Information T echnology 12. Law, Public Safety and Security 13. Manufacturing 14. Marketing, Sales and Service 15. Science, Technology, Engineering and Mathematics 16. Transportation, Distribution and Logistics Videos will be developed through a vendor procured by SERCO describing the top occupations. These 10 minute videos will show the basic job requirements of these careers, which will be selected based on the 16 career fields and the Workforce solutions data for employment needs in the Coastal Bend. These films will follow the format established during the recent filming done as part of the very successful "Learn More to Earn More" series co-authored by Dr. Ridge Hammons. An interactive website will be developed to provide mentors with helpful links to mentoring resources as well as to offer youth the opportunity to explore interactive career exploration sites. The actual video work will be done by the successful cooperative bidder who will go to the mentor's worksite and shoot a video of the mentor at work, edit the DVD of each mentor and include it on the website available to students in each of the schools. Students will be able to view 100 or more career options. YOUTH LEADERSHIP DEVELOPMENT The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately 60 middle and high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A YOUTH SUMMIT will be planned and led by the youth in the 78415 community to encourage leadership development. A youth planning committee will be recruited to choose date, topics, speakers, location and to facilitate summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. ORGANIZED SPORTS ACTIVITIES Youth will have the opportunity to participate in recreational sports activities and organized sports clubs before and after school on school campuses. A special event will be held to promote team building, communication skills and leadership development. A "Sex Can Wait, Play Basketball" Hoop Fest was organized for high school students last year at the high school campus with speakers and educational information presented to participants on sexual health issues in an effort to prevent teen pregnancy. A similar event will be held on the middle -7- school level replacing the sexual health information with character /education lessons. MENTORING A traditional mentor program will be implemented at both middle school campuses as well as the three elementary campuses to provide students with positive support, counsel, and friendship. Twenty students from each participating campus will alternate meeting during breakfast or lunch once a month with their designated group mentor. Students will receive guidance to make healthy decisions and promote long term goals such as college and career exploration. They will have the opportunity to discuss obstacles or frustrations they face in their daily lives in a group setting with their mentors and peer group. The mentor program to be implemented will develop meaningful relationships between the mentors and their mentees in a structured environment. Meetings will take place under the supervision of the counselor and as group outings for all participants. The importance of mentoring was clearly demonstrated in one survey of high school youth that showed that mentored high school students from families receiving public assistance were more likely than students without mentors to: Graduate from high school Enroll in college Have fewer children Less likely to receive food stamps or welfare Have fewer arrests Become involved in community service Be hopeful about their future. Ensuring the success of the mentor/mentee match involves not only the regular meeting of mentors and mentees separately, but the meeting of both the mentors and the mentees among themselves; this is important to the overall success of the Program. Measurable activities will include monthly input from both mentor and mentee using customer satisfaction surveys developed by SERCO. Each meeting of the mentor and mentee will be documented. Reports from the mentees themselves; and apre- and post-test of mentee perceptions about their growth in the Program will be developed and implemented. COMMUNITY SERVICE will play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Projects will be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one-day projects such as yard work, painting, cleaning, minor carpentry, for economically disadvantaged senior citizens and others, etc. Applications will be reviewed by youth and selected for implementation each month. Community services projects help redirect energies of at-risk youth to more positive social activities. _g_ 2) Location where services will be provided: The following school sites were selected because of the high levels of needy students. Central Park Elementary School Lexington Elementary School Sam Houston Elementary Baker Middle School South Park Middle School Mary Carroll High School 3602 McArdle 78415 2901 McArdle 78415 363 Norton 7$415 3445 Pecan Street 78411 3001 McArdle Street 78415 5301 Weber Road 78411 2) Inclusive dates of Service: From September 1, 2009 to August 31, 2010 3) Days and Hours of arovided services: Program activities will be provided at the campus sites before school (8-9:OOam) and during school hours of gam to 4pm as well as after school (from 4:15- 5:15pm). In addition, Saturday activities will be coordinated at the South Park Middle School campus site for ROPES program activities and at campus sites to meet for scheduled field trips. Summer programs will run at the campus sites during summer work hours for 4 days a week for 4 weeks. 4) Number of undualicated youth to be served/adults to be served cif applicable): 600 youth 5) Describe the target copulation to be served: The target population that the SERCO Career Mentoring Program will serve will be youth between the ages of 10 to 17 years of age. A total of 60 Grade 5 students will be recruited for the elementary school programs. All middle school youth will be recruited for all programs to be offered on their campuses with the goal of 400. Youth up to the age of 17 will be recruited for the high school career exploration and leadership development program for an anticipated goal of 140 students. 6) Describe each Goal of the service and/or program, including the impact on juvenile crime: Goal: 60 Youth who participate in community service projects will demonstrate an understanding of the need to be involved in their community. Objective: 95% (55) of youth who participate in community service projects will demonstrate a satisfactory experience. Goal: 150 youth will demonstrate an increase in knowledge of career of interest. Objective: 85% (12) of youth who participate in career exploration activities will demonstrate knowledge of that career path in terms of courses needed, classroom hours, college hours, expected salary, etc. Goal: 100 youth will demonstrate the knowledge and importance of goal setting. Objective: 85% (85) of youth will demonstrate the ability to set short and long- term goals. Goal: 100 youth will demonstrate a satisfactory experience with their mentor. Objective: 85% (85) of youth who participate in the mentor program will -9- demonstrate a satisfactory experience with their mentor. 7) Describe how CYD funds. will be used to enhance existing services: With the addition of CYD funds, this program is actually made possible. Without funds, we would. not have the resources to supply this program so it totally runs on CYD funds only. With the coordination of our Program Direction, we are able to work with different subcontractors to pay for their services and have each of them work within the various schools. 8) How_ will the services/procram be culturally diverse: These programs are offered throughout the different campuses to each youth that is interested. We teach career exploration and do not discriminate on the youth or the program materials. We do take into account different languages that are spoken and offer assistance to those youth that require extra attention. 9) Now will this service be available to families without transportation: This program is campus based so students will already be on site for the before and after school program activities. For the off campus activities, campuses will request buses from .the District's transportation department and bill SERCO for costs. All students will be required to have written permission from parent or guardian to participate in off-campus learning and recreational activities. SERCO will provide insurance to cover the students participating in the program through this grant for these off campus activities. 10) Describe the "safe passage" plan for youth/families without transportation: Campus Counselors, Program Manager and / or Program Liaison will accompany and chaperone the youth. SERCO will ensure that one adult is assigned for every 20 youth for on and off campus program activities. Youth will be supervised during the after school program until a parent picks up their child or the child walks home, with the parent's permission. Parents will be responsible for transporting students to school for any Saturday workshops or events. Campus police are on the campus sites before and after school and are readily available to assist with any potentially unsafe situations that may arise. 11)Staffing: 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: SERCO has established Personnel Policies and Procedures for recruiting and screening (including criminal background checks) of staff and volunteers. SERCO's Standard Operating Procedures related to staff development and staff oversight/supervision conforms to City of Corpus Christi requirements and the contracted program activities. Criminal background checks have been and will continue to be completed for staff and volunteer mentors once the mentor application has been processed. All information will be kept in a secure location and available for review as needed. Staff will be trained on any curriculum to be used as well as in all components of the program and collection of data. Mentors and mentees will received a mentor program orientation and training. Mentors will have the opportunity to visit the website for research information and links to mentoring -10- resources as well as additional mentor training. In the event of staff (campus) vacancies, the Program Manager and/or Program Liaison will assume all responsibilities until the position is reassigned. 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. 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 -11- 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, 2009 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, 2010), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set below. Fiscal Agent will notify -12- 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 1=Y2010 Expenditures Month Estimated Percent of Total Expenditures Budeet September 2009 $8,333 8.33% October 2009 $8,333 8.33% November 2009 $8,333 8.33% December 2009 $8,333 8.33% January 2010 $8,333 8.33% February 2010 $8,337 8.34% March 2010 $8,333 8.33% April 2010 $8,333 8.33% May 2010_ $8,333 8.33% June 2010 $8,333 8.33% July 2010 $8,333 8.33% August 2010 $8,333 8.33% -13- r~ A ~ SERCO of Texas JOB DESCRIPTION Position Titre: CYD Program Effective Date: 091/2009 Revised: Liaison Reports To: Assistant Exempt EEO Category: Professional Yrce-President wce President val: Date: SUMMARY: The Program Liaison is responsible for ensuring the successful implementation of the CYD program and its related activities for the sa (6) campuses propped in this project and ensures compliance with all applicable grant rules, regulations and federal guidelines. DUTIES AND RESPONSIBILITIES: 1. Adheres to the mission of SERCO. 2. Oversee the acgvities of the CYD program. 3. Adhere to local policies regarding Program activities. 4. Collect data for grant activities on carryuses. 5. Maintain acxurafie monthly data tot the shidents in program for submittal to fonder as nquired. 6. Assist Program Manager in sctreduling of actrvrties, speakers, mentor program, etc. 7. Maintain frequent contact with all staff working on program activities and ensure timely and -quality delivery of services. 8. Assist Program Manager as needed. 9. Serve as lia~on between CYD staff, volunteers and the Assistant Vice-President. 10. Represent the CYD program at various community and/or business meetings, symposiums, etc., and ads as liaison between community organizations providing services fio targeted youth and Woricforoe Solutions Career Consultants. 11. Monitors all c~ntraded and performance relafied program activities. t2. Assist the Program Manager with mentoring actrvfies and in coordinating extracurricularprograro activities at least once a w~lc. 13. Assist with leadership development, community service and mentoring components, etc. at least once a month. 14. C3ather data on a Mreekh/ and monthly basis; prepare monthly and quarterly reports .~ using the format prescribed by the funding entity. f `I CYO Program Limon .bb Descxiptiort DESIRED KNOWLEDGE, SKILLS AND ABILITIES: 1. Demonstrates evidence of responsibility, competence, enthusiasm, and ~nnagination. 2. Fosters cooperaition among and establishes a professional relationship with other Prog~ staff. 3. Chganizes time, materials, and personnel in a competent manner. 4. Demonstrates abi~ty to promote positive public relations withir- the community. 5. Motivates youth to partic~ate in program activities. 6. Presents a positive role model 7. Demonshates ability to promote necx'uihnent and retention of youth in the program. EDUCATION AND EXPERIENCE: 1. Bachebr's Degree or higher. 2. A minimum of three (3) years experience working with target population. SPECIAL REQUIREMENTS: 1. Must possess and provide a valid Texas .Driver's License and Automobile Liability Insurance as required by the Shute of Texas. 2. Must have access to reliable transportation in orcler to travel within service area. Eq~tl Employment Opportunity Employer _~,- f • A People 8usb~ess SERCO of Texas JOB DESCRIPTION Position Title: CYD Program Effective Date: 09/01/2009 Revised: Manager Reports To: Assistant Exempt EEO Category: Professional Vice-President Vice President royal: Dabs: SUMMARY: Under the Supervision of SERCO Assistant Vice-President, the Community Youth Development (CYD) Program Manager is responsible for successfully implementing the CYD program and its related activities for the six campuses and for ensuring contractual compliance with applicable grant rules, regulations and guidelines. DUT1E3 AND RESPONSIBILITIES: 1. Adheres to the mission of SERCO. 2. Reports fio the SERCO CYD Program Lia"rson. 3. Adheres th local policies regarding program activities. 4. Coordinates the activities of the CYD program with SERCO's CYD Program Liaison. 5. Coordinates community service activities with partner agencies. 6. Implements before and/or after school or Saturday activities (field trips, excursions, and guest speakers) to reinforce program mission. 7. Ensures administration of a pre and post program survey. 8. Collects data for grant activities on campuses. 9. Sd~edules speakers to enhance messages. 10. Ensures the instruction of youth, parents & others on education related to the program. 11. Maintains frequent corded with all staff working on program activities to ensure timely and quality delivery of services. 12. Recruits and trains mentors for mentoring component of program. 13. Implements all mentor program activities as outlined in grant. 14. Coordinates mentor program activities with program partirtipants. 15. Develops plan of action to expand activities and opportunities for mentees in Program. 16. Represent the CYD program at various community and/or business meetings, symposiums, e0c. - I b- _ CYD Program Manager Job De~aipdon -Page 2 17.Implements prescx~ed program elated procedures. 78. Mairltairls acatrafie monthly data for the students in program. 19.Assist in gathering data on a weekly and monthly basis for repotting purposes as r~equit~ed. DESIRED KNOWLEDGE, SKILLS AND ABILITIES: 1. Demonstrates evidence of t+esponsibitity, compeQenoe, enthusiasm, and Mnagination. 2. Fosters cooperation among and establishes a professional relationship with other Program staff. 3. Organizes time, materials, and personnel in a competent manner. 4. Maintains accxtrate records arxi reporting systems. 5. DemanstraOes ability to promote positive public r~etafions within the community. 6. Motivates youth to participate in program activities. 7. Pneserrts a positi~ne role model. 8. Demonstrates abiNty to promote recxuitmeM and retention of youth in the program. 9. Demonstrates ability to recruit and train mentor and mentees. 10. Proficiency in Microsoft Office applications (Word, F_xcei, and Pow~erPoint). EDUCATION AND EXPERIENCE: 1. Mas#er's Degree or higher. 2. A mintinum of three (3) years experience worWng with at-risk youth SPECIAL REQUIREMENTS: 1. Must possess and provide a valid Texas Drive's Ucense and Automobile Liability Insurance as rBquired by the State of Texas. 2. Must have access to rel~ble transportation in onier to travel within service area. Equal Employment Opportunity Employer -il~ '1 a ~°p"° sus SERCO of Texas JOB DESCRIPTION Position Title: CYD Campus Efieciive Dais: 09f012009 Revised: Program Supervisor Reports To: Assistant Exempt EEO Category: Professional Vice-President Vice Presiderrt roval• Dabe• SUMMARY: The Campus Program Supervisor is rBSponsible for determining and implementing the CYD program and its related activities throughout their campus and ensures oompiiano8 with ail grant guidelines. DUTIES AND RESPONSIBILITIES: 1. Coordinafie the activities of the CYD Program for their campus. 2. Adhere to grant guxleiines. 3. Imp~rnent after school and Saturday activities (field trips, excursions, and guest speakers) to reinfone messages. 4. Administer a pre and post program survey. 5. implement planned program artivi6es 6. Maintain accxrrate morrthly data for the students provided with program activities and lessons. 7. Collect data for grant `fn-Kind' ac~nrities on campus. 8. Coordinate guest speakers with Program Manager and Liaison to enhance career exploration messages. 9. Ensure the instruction of youth, parents & others on education relafied to grant activities. 10. Provide inforrnationai brochures on topics of irrterest. 11. Maintain frequent contact with ail staff working on program activities. 12. Communicate with parents regarding program activities. 13. Encourage goal setting for youth. DESIRED KNOYYLEDGE, SKILLS AND ABILITIES: 1. Demonstrates eviderwe of responsibility, competence, enthusiasm, and knaigination. _ 2. Fosters cooperation among and establishes a pnNessional relationship with other stafF members. -I~- CYD Campus Program Sup Job Qesion - Ps~ge 2 3. Organises time, materials, and personnel in a competent manner. 4. Maintains accurate reconis. 5. Demonstrates ability to promote positive public relations within the community. 6. Demonstrates will~gness to devote neoassery time outside the sctaol day. 7. Ma~tivates youth to participate in program. 8. Presents a positive role model. 9. Demonstrates ability to promote recruitment and retention of youth in the program. EDUCATION AND EXPERIENCE: 7. Master's Degree or higher. 2. After school program experience r+ecorrrmerrded. Equal Employment Opportunity Employer _Iq- ._. . ^''°O~''~ SERCO of Texas JOB DESCRIPTION Position Tifie: CYD Support Effsctlve Data: 09/012009 Revised: Services Clerk Reports To: Assistant Non-Euempt EEO Category: Semi- Vioe-Presiderrt Professional Vice President royal: Dats: SUMMARY: The Community Youth Development Program (CYD) Support Services Clerk, under the supervision of the Assistant Vroe-President, is responsible for assisting with the CYD program activities for all six campuses and ensuring compliance with grant rules. regulations and guidelines. DUTIES AND RESPONSIBILITIES: -' 1. Adheres to the mission of SERCO. 2. Adheres to local pol'uaes regarding CYD Program activities. 3. Assist in the day to day activities of the CYD Program. 4. Assists the CYD staff in scheduling program activities, such as mentoring training, on-site field trip visits to employers, etc. 5. Provide deric;al assistance to CYD program staff Halsted to planned projects (i.e., training materials for mentoring activities, communicating with food vendors for after school and Saturday partiapant activities, etc.) 6. Collect attendance sheets for all program activities. 7. Develop and maintain program and partrc~pant filing system. 8. Perform other duties as assigned. DESIRED KNOYVLEDGE, SKILLS AND ABILITIES: 1. Demonstrates evidence of responsibiMy, oompeter-ce, enthusiasm, and imagination. 2. Fosters cooperation among and establishes a professional relationship with other program staff 3. Organizes tirrre, matierials, and personnel in a oompeterrt manner. 4. Maintains accurate reonrds. 5. Demonstrates ability to promote positive public relations within the community. EDUCATION AND EXPERIENCE: 1. High school diploma, college-hours pr+efierr~ed. 2. Two years experience in related field. -zo- CYD Support Services Clerk Job Description -Page SPECIAL REt~WREMENTS: 1. Must possess and provide a valid Texas Driver's L'ioense and Automobile liability Insurance as required by the Stare of Texas. 2. Must have access to reNable transportation in order to travel within service area. Equal Employment Opportunity Employer -zi- B1 -Budget Information Fonms SERCO of Texas Contract Period: Sept. 1, 2009 -Aug. 31, 2010 Summary Budget FY2010 COST CATEGORY TOTAL 1. A Personnel -Salaries $22,800.05 B Personnel - Frin a Benefits 9,997.50 C Personnel -Travel 3,700.00 2. Materials and Su lies 16,850.00 3. E ui ment 0.00 4. Other Costs 46,652.45 TOTAL BUDGET $100 000.00 Cash Match $0.00 In-kind Match $0.00 -22- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2009 -Aug. 31, 2010 (1a) 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) Pr ram Liaison 1 4,416.67 10% 12 5,300.00 P ram Su Clerk 1 2,333.34 50°~ 12 14,000.04 Fiscal P ram Ana st 1 2,916.67 10°r6 12 3,500.00 0 0.00 0% 0 0.00 0 0.00 0% 0 0.00 0 0.00 0% 0 0.00 0 0.00 0% 0 0.00 TOTAL SALARIES Total 22,800.05 -23- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2009- Aug. 31, 2010 (1b) Personnel -Fringe Bensflts (Employers Share) FY10 Fringe Benefits Based on (1a) Salaries Paid* Fringe Benefits Based on (1a) Salaries Paid P ram Liaison $5,300 x 45°~ $2,385.00 P ram Su rt Clerk $14,000.04 x 45°~ 6,300.00 Fiscal P ram Ana st $2,916.67 x 45% 1,312.50 TOTAL FRINGE BENEFITS $9,997.50 -24- 61 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2009 -Aug. 31, 2010 (1c) Personnel -Travel FY10 Type of Expense (transportation, food, lodging, milea e) Purpose (Destination and Benefits to Program) Total Mileage $.50 x 100 miles x 12 $1,200.00 Travel National Youth S m osium $1 500 $1,500.00 National Dro out Prev. Conference $1,000.00 TOTAL TRAVEL $3,700.00 -25- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept 1, 2009 - Aug. 31, 2010 ~2) Materials and Supplies FY10 Descri tion and Basis for Cost Total Offi Su lies $1,800.00 Came s $1,500.00 uca ' nal Materials $1,500.00 R reational & S its Su lies $1,500.00 T-Shi $4,550.00 Field tri entrance f s $6,000.00 TOTAL CONSUMABLE SUPPLIES $16,850.00 -26- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2009 -Aug. 31, 2010 (3) Equipment FY70 Description and Basis for Method Used Total Valuation lease, rent, urchase, etc.) None $0.00 TOTAL TRAVEL $0.00 -27- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2009 - Aug. 31, 2010 (4) Other Costs FY10 Descri lion and Basis for Cost Total Contract Labor / Consultarrts 22,440.00 P ram Man er 15% FTE 65,000 lus 5 school program supervisors plust Saturday and summer communi service su rvisors Other Contract Labor -Independent City, music services for organized sports activities, and youth leadership conference 4,512.45 Food -field trips, after school activities, weekend r rams, and summer activities 6,800.00 Educational Field Trips -bus andlor van rental and trip to 8,300.00 Austin to visit ca ital Liabili Insurance 1,000.00 Printin 1 co in 2 000.00 Posta a and Mailin 1,600.00 TOTAL OTHER COSTS $46,652.45 -28- SUBCONTRACTOR: SERCO of Texas CONTRACT PERIOD: 09/01/2009 to 08/31/2010 Request No. Reporting Month -Development- -- Attachment B-Z BUDGETED INFORMATION SUMMARY AND REIlVIBURSEMENT REQUEST Amount (1) I''fD Budgeted Expended Personnel -Salaries Program Liaison Program Support Clerk Fiscal Program Analyst TOTAL Personnel -Fringe Program Liaison Program Support Clerk Fiscal Program Analyst TOTAL Personnel -Travel Mileage Travel TOTAL Materials and Supplies Office Supplies Cameras Educational Materials Recreational & Sports Supplies T-Shirts Field Trip Entrance Fees TOTAL 5,300.00 14,000.05 3,500.00 22,800.05 2,385.00 6,300.00 1,312.50 9,997.50 1,200.00 2,500.00 3,700.00 1,800.00 1,500.00 1,500.00 1,500.00 4,550.00 6,000.00 16,850.00 Rental, Lease or Purchase of Equipment None 0.00 TOTAL 0.00 Other Costs Contract Labor 26,952.45 Food & Snacks 6,800.00 Educational Field Trips 8,300.00 Liability Insurance 1,000.00 Printing /copying 2,000.00 Postage /Mailing 1,600.00 TOTAL 46,652.45 TOTAL 100,000.00 * Amounts expended cannot exceed amount budgeted. (1) - (2) *City Use (2) YTD Amount Only Invoiced Reguested* Amnt. Paid 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 -29- Attachment B-3 SERCO of Texas Budg®t Narrative Personnel -Salaries: $ 22,800.05 Salary for SERCO CYD Program Liaison to ensure the successful implementation and operation of day-today activities for the 2009-2010 program years. Program Liaison Q $53,000/yr @ 10% FTE _ $5,300. These include dinrct supervision of program staff and the recruitment, screening and training and ongoing support of mentors and ensuring compliance with contract guidelines. Program Support Clerk ~ $28,000 (ca~50% FTE=$14,000.04. These include day to day administration of operational duties. Fiscal Program Analyst @$35,000/yr @10% FTE to include fiscal administration of program=$3,500. Total cost=$22,800. Personnel -Fringe Benefits: $9,997.50 Fringe benefit breakdown is 45°!0. Program Liaison ($5,300 x 45% _ $2,385); Program Support Clerk ($14,000.04 x 45% _ $6,300) Fiscal Program Analyst ($2, 916.67 x 45% _ $1,312.50) Total cost=$9,997.50 Local Travel- $1,200 $.50 cents per mile reimbursement based on 100 miles per month x 12 months=1,200 miles for staff to conduct program facilitation, attend meetings, visit employers, visit campus sites, recruit mentors, community stakeholders, sponsors, etc = $1,200. Out of town Travel--$2,500 Travel to out of town conferences to gain knowledge and team best practices on the latest developments in theory and research on youth mentoring and drop out prevention strategies. Airfare, car rental, hotel & registration for National Youth Symposium in Chicago, IL =$1,500; and mileage, hotel & registration fee for National Dropout Prevention Conference in Austin for 2 staff x $500=$1,000. Total = $2,500 Materials and Supplies - $16,850 6 cameras for each campus + program at $250 each to document program activities= $1,500. Educational materials and testing fees: Purchase of curriculum materials and office supplies for sites such as but not limited to: copy paper, flip charts, pens, pencils, CDs, cartridges, software, diskettes, copy paper, resume paper, notebooks, name tags, community service supplies, etc. _ $600/yr x 6 sites = $1,800. Recreational & sports supplies for Saturday team building activities (indoor/outdoor)=$1,500. T-shirts for participants (650 x $7/each) to wear for community service events, college tours, fleld trips, etc. _ $4,550. Entrance fees for field trip throughout program year (750 x $10 each) _ $7,500. Total cost=$16,850. Equipment - $0 Other Costs: $46,652.45 Contract Labor /Consultants: Program Manager (~ 15% FTE ($65,000) to work closely with school campus staff to ensure that program objectives and components are 30 being carried out as contracted=$9,750. School Campus Program Supervisors (5 @ $30.00/hr. x 8 hrs/mo x 8 mo) =$9,600 plus Saturday and summer community service supervisors @ $30/hr x 103 hrs=$3,090. Total Contract Labor/Consultant = $22,440. Other Contract labor.• to be procured for: 1) Planned Parenthood to provide Independent City life skills activity at Youth Leadership Conference=$1,500. Music for organized sports activities & youth leadership conference=$1,800. Facilitation of sports clinic=$1,212.45. Total cost = $4,512.45. Food for field trips and after school activities @ $400/mo. X 9 mos. _ $3,600; Weekend program activities once a mo x 10 mos. @$200/mo x 10 mos = $2,000. Food for summer activities ($300/wk x 4 wks)=$1,200. Total Costs = $6,800. Educational Field Trips -Bus and/or Van Rental for visits to employers, government institutions and educational learning activities @ $300/bus x 2 buses x 1 trip/mo. x 8 mos. _ $4,800. Educational field trip to Austin for capital visit- 2 buses @ $3,500. Total costs = $8,300. Liability Insurance = $1,000. Projected costs based on experience. Printing/Copying -Training & marketing materials for mentoring component and for needs during program =$2,000 Postage @ $100/mo x 5 sites + program office @ $900=$1,600 In-Kind: $120,000. Counselor's in-kind salary for mentoring services provided during regular school hours, volunteer /mentors, school facilities for after school and weekend activities, meals for youth (to supplement budgeted meal costs), and discounts on recreational parks. TOTAL BUDGET = $ 100,000 31 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 Departm®nt. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "SERCO of Texas" 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 ("TACn) 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. It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. - 32 - 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. tf 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. G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this - 33 - Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. I. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process ali bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. J. The Subcontractor understands and agrees that prior written approval must be secured: 1. For transfers between fine 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 sign cant 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 wi#h a feasible plan for repayment of disallowed costs with non-Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. - 34 - 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 promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting - 35 - 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. 6. 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 DepartmenUFiscal 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 of this Contract or any right, title, obligation or interest it may have thereinto any third party without prior written approval of the Fiscal Agent, which includes full - 36 - 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 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 - 37 - annual financial report, if any is issued. Additionally, the Subcontractor agrees to the foNowing: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or pn~grams 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 specked 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 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 - 38 - 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 cany out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case - 39 - of theft, or suspected theft, within twenty-four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times. Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. YEAR 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 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 - 40 - 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 ou# 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 considering the recommendations on disallowed costs resulting from such final audit. - 41 - E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub-Subcon#ractors 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 shalt 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 persona[, 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 ~n~Art~~~nn ~~ ~arn,inn ~~.t ~f this Ccntract shall participate in any decision relating tc this Contract which affects hislher financial interest. C. Executives and employees of Subcontractor shalt be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shop exercise due dili~aence to a~~oid s€t:~atio~:~ ~~ _~~~~ ove ~=se t~~ an appearance or assertion that favorable ireameE Et ~~ ~iein;~ ~~ ~~ ai~~ ~~ ~E i~~€u and associates who are also members, officers, agents, oe et~tfiluvees ui iiie Fiscal Agent or the Department. A pem~anent 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 shalt be retained when it is in the cublic 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 shad not solicit nor acxept money or any other consideration from Subcontractor or any other thyyi~~rd person for the performance of an~+act .:::3 ~. f~i.:i ~~~.i ): 3 933 7L77~ i!1 !~ E3a~ 1 ~ LI I`C FiscGt A~el iii cr the Department. Suc~olies. ~-i~ateriaus, equiprrie~i:, or services puichased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shaft cast a vote on the provision of services by that member or by anv oroanizat~on 1P31iich th$t "'teee be:" rc-"3reS~:its or v~i~ vii caiiv matter which would provide direct financial benefrt to that member or any business or organization which the member directly represents.. SECTION 18. FRAUD AND AEtISE FRE v ~ k=Ti! ~! A. Subcontractor shah establish, maintain, and utilize intemat program management - 42 - 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 shalt 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 shah indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and afl 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 Suh- subcontractors. in the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission off` tt~e ~u~econtractor, tt~e sut~contractor stiall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fisca- Agent and Department. Such cost shalt be due and payable by the Subcontractor within ten ~'i~j calendar days after ttre date of receipt of written notice trvr~, ire ~iscai ~igent or Department of the amount due. The State of Texas, Departi~~ent, and ~iscai Aunt, and t,~eir r~sspective eir~p%,ees, o~ti4ers, agents, and representatives can ne%th@r agt"@@ ~~# if°t~tJ-~~ the ~u~i~cc~I~~ra~:~~r ~ar~i'1'I~~°rats° r°fira~ ~ar~t @@ iii in~emni the Subcontractor and any provisions to the contrary are void. SECTION 2g. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shalt ensure that no funds under this Gontract shall be used directly or indirectly in the support of any religious or anti-religious activity, worship, or instruction.. - 43 - SECTION 21. POLITICAL ACTIVITY/LOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ("USC") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), The Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physicaUmental 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 wilt 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 clie~-it5 served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; - 44 - 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. Al(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 Fiscaf Agent or the Department. If the employee or vo{unteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the - 45 - Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12.Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163), as amended. B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shalt be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shalt obtain and furnish proof of the following bonding and insurance coverage within forty- eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services - 46 - 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. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named - 47 - 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: Subcon~actor 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 deparbnent 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 A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and - 48 - Department receive notice, the Fiscal Agent or Department faits 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 subiect 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 upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. - 49 - 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 paymen# for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. - 50 - 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. 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 - 51 - 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, cert~cate 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 wilt 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. 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 - 52 - 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. SECTION 38. SUBCONTRACTOR COMPLIANCE WITH PRIMARY CONTRACT Subcontractor accepts and agrees to abide by all terms and conditions of the primary contract between the City of Corpus Christi and the Texas Department of Family and Protective Services regarding the Community Youth Development Program. - 53 - Texas Department of Family Contractor Assurances 35 Form 4733 And Protective Services (With Certifications) September 2004 .~-q-__ IT7rv__ 1-1 w~_ ' J, for~SCia~mC11T ------`. YD- 14. Contractor certifies that the Contractor's organization has not had a contract terminated or been [~es ^ 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 ~es ^ 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 ~es ^ No for the handling of client complaints and grievances. 20. Contractor will establish a method to ensure confidentiality of records and other information ~es ^ 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 [v] 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 contractlrenewal, 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. c Sign t of Author zed Representativ i4ICKIE G.VALDEZ Name of Authorized Representative (Printed) ~~~ Date Title of Authorized epresefita ve Printed) /'n....nun/tv Ynuth Deve/nnment Renuect Fnr Pronosa[s - FY 2010 Paee 49 36 Texas Department of Family Certification Regarding Debarment Form 2046 And Protective Services Suspension, Ineligibility and Voluntary May 2004 - Eo - - 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 Indic to 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. SERCO OF TEXAS, INC. Name of Potential Contractor Vendor ID No. or Social Security No. DFPS Contract No. (if applicable) Signat re of Authorized Representative Date NICKIE G. VALDEZ SERCO OF TEXAS, Tly('_ Printed/Typed Name of Authorized Representative Title /`..»....,.niw Vn,db Aova/mm~On/ Ranuvct Fnr Prnnosals - FY 2010 PnP¢ .SI Texas Department of Family Certification Regarding Federal Lobbying 3 ~ Form 2047e And Protective Services (Certification for Contracts, Grants, Loans, May 2004 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. 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. 2. 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.) 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 SERCO OF TEXAS, INC. Name of Contractor/Potential Contractor Vendor ID No. or Social Security No. Representative NICKIE G. VALDEZ Name of Authorized Representative DFPS Contract No. ~, ~ Dat VICE PRESIDENT Title r'n,n.-~un/tv Youth Deve%nment Request For Pronosa/s - FY 2010 Page 53