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HomeMy WebLinkAboutC2010-376 - 10/12/2010 - ApprovedCONTRACT {Cover Sheet} TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2011-6 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 606 N. Carancahua, Ste 105 555 North Carancahua, Ste 900 Corpus Christi, TX 78401 Corpus Christi, TX 7$478 Telephone: (361) 826-4028 Telephone: {3fi1) 361-903-7893 FAX: (361) 826-403$ FAX: (361) 361-903-7880 Contact Person: Celina Pulcher Cankact Person: Nancy Bonilla Subcontractor agrees to provide services in accordance wikh 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) k (Attachment A-2) Ic~~ ~~ 0~--~~~~. Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3) Standard Terms and Conditions (Attachment C} Subcontractor Certification (Attachment D} C ment 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, 2010 Through: August 31, 2011 FUNDING OB_ LIGATION: Not to exceed $100,000.00 for FY 2011 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTES ~ City of Corpus Christi Armando Chapa `Angel Escobar City Secretary City Manager Legal form approved ~~" 3 ~ , 2010; Q... SERCO of Texas .y . _ ; ~ _:_,~,._ .. D1ar IITI#OItIZE~ 2010-~~ f M2014-236,,~CI~. q, / ~C 10/12/10 _A slwc~~~'~tRyi~ Subcontractor; SERCO of Texas By: ~Ce~~'j Nickii~. Valdez, Vice-President Date: ~ ~i'-I ~ IN~EXFD 784'15 COMMUNITY YOUTH DEVELOPMENT PROGRAM SERCO of Texas TABLE OF CONTENTS Contract Cover Sheet Page No. Table of Contents ............................................................................................ i Contracted Performance Measures (AttachmentA-'!) ................................ 1 Plan of Operation (Attachment A-2) .............................................................. 6 Program Requirements {Attachment A-3) ..................................................... 16 Budget Information Forms (Attachment B-1} ............................................... 18 Reimbursement Request Form {Attachment B-2) ........................................ 25 Budget Narrative (A#tachment B-3) ............................................................... 26 Standard Terms and Conditions {Attachment C) ......................................... 30 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. Taxes 14. Disputes 15. Independent Audit 16. Prevention of Conflicting Interests 17. Fraud and Abuse Prevention 18. Indemnification 19. Sectarian Involvement Prohibited 20. Political ActivitylLobbying 21. Non-Discrimination and Equal Opportunity 22. Reporting Abuse, Neglect, or Exploitation i 23. Health and Safiety Standards 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment of Funds 38. Subcontractor Compliance with Primary Contract Subcontractor Certification, Form 4733 tAttachment D) .......................46 ii Attachment 1 -Performance Measures Page 1 of 5 Attachment A-1 Contractor: City of Carpus Christi Program Name: Community Youth Development (CYD) Contract Number: 23792861 Contract Period: September 1, 2010 -August 31, 2011 Performance Measures: Pursuant to Texas Human Resources Code §40.058 all contracts for client services must include clearly defined goals and outcomes that can be measured to determine whether the objectives of the program are being achieved. The Department will use the following Performance Measures to evaluate the success of the Contractor's performance of services under this contract. Goal of the Contract: To prevent delinquency in Target Youths Output Measures Output #4: Average number of Target Youths served monthly in the Contractor's CYD Program Output Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Output Indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Output Target: 650 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: Count all unduplicated Target Youths who were served during the output performance period, add that number to the number of unduplicated Target Youths served during each previous output performance period (if any), and divide by the total number of completed output performance periods. For the initial pertormance period, the actual number served will be considered the average number served. Output #2: Number ofi Target Youths served during the contract period in the Contractor's CYD Program Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the output performance period. Output Target: 2150 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: Count all Target Youths with unique client ID numbers who were served during the output performance period. Output #3: Completed Pre-Service Protective Factors Survey Questionnaires are obtained from fi-9 year old Target Youths served in the Contractor's CYD Program. Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 8-9 year old Target Youths served in the Contractor's CYD Program from which a completed Pre-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 100% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Pre-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible B-9 year old Target Youths served in the Contractor's CYD Program during the output performance period from which a completed Pre-Service Protective Factors Attachment 1 -Pertormance Measures Page 2 of 5 Survey Questionnaire was obtained. The denominator is the total number of eligible 6-9 year old Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #4: Completed Pre-Service Protective Factors Survey Questionnaires are obtained from 1t}-17 year old Target Youths served in the Contractor's CYD Program. Output Pertormance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 10-17 year old Target Youths served in the Contractor's CYD Program from which a completed Pre-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 100% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Pre-Service Protective Factors Survey Questionnaires and PEiS Database Methodology: The numerator is the number of eligible 10-17 year old Target Youths served in the Contractor's CYD Program during the output performance period from which a completed Pre-Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 1.0-17 year oid Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #5: Completed Post-Service Protective Factors Survey Questionnaires are obtained from 6-9 year ofd Target Youths served in the Contractor's CYD Program. Output Pertormance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 6-9 year old Target Youths served in the Contractor's CYD Program from which a completed Post-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Post-Service Protective Factors Survey Questionnaires and PETS Database Methodology: The numerator is the number of eligible 6-9 year old Target Youths served in the Contractor's CYD Program during the output performance period from which a completed Post-Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 6-9 year old Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #6: Completed Post-Service Protective Factors Survey Questionnaires are obtained from 10-17 year old Target Youths served in the Contractor's CYD Program. Output Pertormance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 10-17 year old Target Youths served in the Contractor's CYD Program from which a completed Post-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Post-Service Protective Factors Survey Questionnaires and PEiS Database Methodology: The numerator is the number of eligible 10-17 year old Target Youths served in the Contractor's CYD Program during the output performance period from which a completed Post-Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 10-17 year old Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #7: Completed Prevention and Early Intervention Youth Satisfaction Survey Questionnaires are obtained from 10-17 year old Target Youths served in the Contractor's CYD Program. Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Attachment 1 -Performance Measures Page 3 of 5 Output Indicator: Percentage of eligible 14-17 year old Target Youths in the Contractor's CYD Program from whom a completed Prevention and Early Intervention Youth Satisfaction Survey Questionnaire is obtained by the Contractor Output Target: 54% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Prevention and Early Intervention Youth Satisfaction Survey Questionnaires and PSIS Database Methodology: The numerator is the number of eligible 10-17 year old Target Youths served during the output performance period from whom a completed Youth Satisfaction Survey Questionnaire is obtained. The denominator is the total number of eligible 14-17 year old Target Youths served during the output performance period. Divide the numerator by the denominator, multiply by 144 and state as a percentage. Outcome Measures Outcome #1: 6-9 year old Target Youths report an increase in the protective factors. Outcome Performance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: The change in the aggregate number of protective factors, as determined by comparison of the Pre-Service Protective Factors Survey Questionnaires to the Post-Service Protective Factors Survey Questionnaires Outcome Target: The target for this measure will be negotiated af#er baseline data are collected from the 6-9 year old Target Youths receiving services during Fiscal Year 2411. Purpose: To evaluate the Contractor's success at increasing protective factors in the 6-9 year old Target Youths who are served by the Contractor's CYD Program Data Sources: Pre-Service and Post-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The methodology for this outcome will be developed by DFPS when the survey tool has been validated. Outcome #2: 10-17 year old Target Youths report an increase in the protective factors. Outcome Pertormance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: The change in the aggregate number of protective factors, as determined by comparison of the Pre-Service Protective Factors Survey Questionnaires to the Post-Service Protective Factors Survey Questionnaires Outcome Target: The target for this measure will be negotiated after baseline data are collected from the 14-17 year ofd Target Youths receiving services during Fiscal Year 2011. Purpose: To evaluate the Contractor's success at increasing protective factors in the 10-17 year old Target Youths who are served by the Contractor's CYD Program Data Sources: Pre-Service and Post-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The methodology for this outcome will be developed by DFPS when the survey tool has been validated. Outcome #3: 10-17 year old Target Youths are satisfied with the Contractor's CYD Program services received. Outcome Performance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: Percentage of Prevention and Early Intervention Youth Satisfaction Survey Questionnaires completed by 14-17 year old Target Youths with average scores of five or higher for the first eight items Outcome Target: 84% Purpose: To evaluate the Contractor's success at providing services that are perceived as satisfactory by the 14-17 year old Target Youths receiving the services Data Sources: Prevention and Early Intervention Youth Satisfaction Surveys and PEiS Database Methodology: The numerator is the number of completed Questionnaires for the outcome performance period Attachment 1 -Performance Measures Page 4 of b with an average score of five or higher for the fast eight items. The denominator is the total number of completed Questionnaires far khe outcome performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The Contractor must meet or exceed the target for Output #7 in order to achieve the target for this outcome.) Outcome #4: 10-16 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: Percentage of 10-16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program Outcome Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10-16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Probation Commission and PEES Database Methodology: The numerator is the total number of unduplicated 10-16 year old Target Youths served in the Contractor's CYD Program during the outcome performance perod who were also referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Probation Commission will be used to establish the numerator. The denominator is the total number of unduplicated 10-16 year old Target Youths served in the Contractor's CYD Program during the outcome performance period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. Definitions Aggregate -The sum of the numbers of protective factors identified by all 6-17 year old Target Youths who completed a Protective Factors Survey Questionnaire (for Age 6-9 or Age 10-17, as appropriate) during the outcome performance period. Average Score ffor the Satisfaction Survey Questionnaires -For each completed Youth Satisfaction Survey Questionnaire, add the scores for the first eight items and divide by five. Completed Protective Factors Survey Questionnaire - A definition for this term will be developed by DFPS when the respective survey tools {Age 6-9 or Age 10-17) are made available to the Contractor. Completed Youth Satisfaction Survey Questionnaire - A 10-17 year old Target Youth responds to a number from the 7-point Likert scale for each of the first eight items on the Questionnaire. Contract Period -The total length of this time frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Eligible {to respond to the Post-Service_ Protective Factors Survey Questionnaire) - A 6-17 year old Target Youth that has completed aPre-Service Protective Factors Survey Questionnaire and; ^ Completed the prescribed CYD Program; or ^ Participated in the CYD Program for 12 months from the date the Pre-Service Protective Factors Survey Questionnaire was completed. The Post-Service Protective Factors Survey Questionnaire must be the same version (Age 6-9 or Age 10-17) that was administered to the youth as the Pre-Service Protective Factors Survey Questionnaire. The youth's age is calculated as of the date of registration or September 1a' of the current fiscal year if the youth was registered in a previous fiscal year. Eligible (to respond to the Pre-Service Protective Factors Survey Questionnaires - A 6-17 year old Target Youth that is newly registered into the CYD Program during the current contract period. The youth's age is calculated as of the date of registration in the contract period assessed. Eligible !To respond to the Youth Satisfaction Survev Questionnaire} -A 10-17 year old Target Youth that has: ^ Completed the prescribed CYD Program; or ^ Participated in the CYD Program far 12 months; or ^ Exited the CYD Program. Exited - A Target Youth stopped accepting services during the output performance period without completing the program. Attachment 1 -Performance Measures Page 5 of 5 Liken scale -A linear set of responses often used in questionnaires. Post-Service Protective Factors Survey Questionnaire -A tool identical to the Pre-Service Protective Factors Survey Questionnaire administered to the 6-17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Pre-Service Protective Factors Survey Questionnaire - A tool administered to the 6-17 year old Target Youth prior to the receipt ofi 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 fiactors to reduce the likelihood of problem behaviors. Satisfied - A response of five or higher on the 7-point Likert scale. Target Youths -Youths through 17 years of age who live in andlor attend school in one of the designated ZIP Code areas or attend school at another eligible public middle or high school located outside of the designated ZIP Code area that has at least 30% enrollment from the designated ZIP Code area as determined by DFPS. Unduplicated Target Youth - A Targe# Youth with a unique client ID number who receives at least one service is only taunted one time during the performance period. Community Youth Development Program FY 2011 Subcontractor Plan of Operation _~_ ~`- SUB~UI~ITFCTI=f CL,II~T_SERICI,:C OTE:;-This Document mush pe completed asl~~r~ ~'~ ~ ~ ~{"~tr~-ct. „ ~ ~ ;; ..r.~~..~i~7 ~ • ,L ~ ' ~~, t z(y erv`ice Prov~~jer ln~~rr~attpn~ ~ _ ~ _ ~~ Fiscal AgentlPrimary Contractor: City of Corpus Christi Subcontractor Name: SERCO of Texas Total CYD Funding Amount: $100,000 Program Name: SERCO Career Program sub E -_.- s _--cvntractc~ >,_`,sS?~~act Iraf~~tion -- - __ Name: Title: E-mail: Phone Number: Nancy Bonilla Special Projects Nancy.bonillaCa~coastalworksource.com 361-903-7893 Mona er Address: 555 N. Carancahua, Ste 900, Corpus Christi, Texas 78401 Contract Period: From: 09/01/2010 To: 0 813 1 12 0 11 Funding Priority(ies): # 2 Life Skills, #3 Recreational (Inclusive Dates of Service): Same as contract Programs, and #4 Job Skills period Yes: ®No: ^ If not, From: To: All addresses (locations) where services will be provided, ( lease use full address 1. Carroll High School, 5301 Weber, Corpus Christi, TX 78411 2. Moody High School, 1818 Trojan Dr., Corpus Christi, TX 78416 4. South Park Middle School, 3001 McArdle Rd., Corpus Christi, TX 78415 5. Baker Middle School, 3445 Pecan St., Corpus Christi, TX 78411 6. Tom Browne Middle School, 4301 Schanen Blvd., Corpus Christi, TX 78413 7. Central Park Elementary School, 3602 McArdle, Corpus Christi, TX 78415 8. Lexington Elementary School, 2901 McArdle, Corpus Christi, TX 78415 9. John Paul li High School, 3036 Saratoga, Corpus Christi, TX 78415 10. Bishop Garriga Middle School, 3114 Saratoga, Carpus Christi, TX 78415 Pro Xam Out uts Output #1: ~T Average number of unduplicated 167 youth served monthly* Output #2: Number of unduplicated youth 839 served during the fiscal year**: Output #3: ~ - Average number of 0 unduplicated adults served monthly*: Output #4: Number of unduplicated 0 adults served during the fiscal year**: Calculate the cost of the overall program per youth (Cost per = $Contract amount 1 # youth served annually.): $119.19 _ .- .. y ~'er~ge beach youth or adult receivi ~~~ t~"rt i rptt~ti r~ '~ , ttg e' ~~ort_ ~ , `; ; six;", ~ . , _ ~ ~ . ~n~'alfy.~ each Youth or adult rec~ivir~g seiv2 ttti'r ' e , _ ~~~ Taou ~ ,the fiscal agent ,~ ~ ; ,.. ~~~ r, ~ . Gmmr ~ . mss` - ;~ + 2~ ~,_ Please fill in the following chart to explain how you will reach your target outputs during the fiscal year. If clients will be served only in individual or group services, add the Annual Outputs for both services and enter the sum above, On the other hand, if clients will be served by BOTM individual AND group services, the annual outputs should be identical and that number should be entered above. Be sure to include all services that will be provided. Copy and paste multiple rows as needed. 6 Individuals: Maximum Caseload per staff Number of staff Total number of youth served per program cycle (caseload x # of staff Number of program cycles per year Average number of youth served monthly {caseload x staff -10%) Annual Output (monthly output x number of cycles per year} Mentoring 1 D 3 30 1 10 x 3=3D -1 D% = 27 27 x 1= 27 Groups: Maximum Number of Total number of Number Average Annual Output group size group youtih served per of Monthly (monthly output x sessions program cycle program Output: number of group running (group size x # cycles (group size cycles per year} concurrently of concurrent per year x # of group group sessions} sessions - 10 Youth 35 5 175 2 (12 35x5-175- 157.5x 2 = 315 Leadership week 1Q%=157.5 Develo ment program Life Skills- 41 6 246 2 (12 49 x 6=246- 221.4 x 2 = 443 Career week 10% = 221.4 Mentorin program) Life Skills - 15 2 30 1 (4 15 x 2 ~ 30 - 27 x 2 = 54 Summer weeks) 10% = 27 1. Is this CYD Program astand-atone program or component of a larger program? The program is the amalgam of all the separate services provided. ^ Stand-alone ® Component of a larger program {Name of the larger program 5ERC0 Career Program) 2. Check the services to be provided: ^ Youth-Based Curriculum Activity ®Life Skills Classes ^ Family-Based Curriculum Activity ®Mentoring ^ Family Focused Service. ®Youth Leadership Development ® Recreational Services ^ Youth Advisory Committee Business (only one provider may ^ Academic Support Services provide the YAC business service type) 3. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ^ Parentallguardian supervision ® Caring adults other than parent ^ Strong bond between children and parents ^ Emotional support and absence of severe criticism ^ High parental expectations ^ Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose 7 ~Cli','-; F~~9gra~n Description 4. pescribe the services to be provided. Be sure to include every service indicated in the check box above. Indicate the time of day that services will be provided (e.g. afterschool, weekends, during the school day} 1} Mentoring: A traditional mentor program will be implemented at three middle school campuses and two 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. Ensuring the success of the mentoNmentee match involves not only the regular meeting of mentors and mentees separa#ely, 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 #heir growth in the Program will be developed and implemented. Mentors will be recruited from various community agencies to participate. They will meet as a group every other month to discuss their experiences, share strategies and bond as a group as they learn to be effective mentors. A recognition reception in January to celebrate National Mentor Month will be planned as well as a Mentor Walk for students and adults to participate in together in conjunction with a Career Fair for non-traditional jobs for women. Mentors from the communications field will be recruited to work with selected youth to design, develop and publish a monthly program newsletter highlighting written work by program participants on program activities and events. Student photographers will document program activities to be used to publish a yearbook which will be made available to campuses and CYD city program staff and committee members as well as the state funding agency. This end product will not only document the positive outcome of continued funding for the SERCO project but it will demonstrate a measurable outcome of student participation in positive alternative behavior as well as providing a marketable skill for youth to include on their resumes. Mentors will be recruited from the Professional Women`s Business Association, the Hispanic Women's Network of Texas, the Chamber of Commerce, the Leadership Class of Corpus Christi, various civic clubs, Knights of Columbus councils, Young Lawyers Association, etc to share their experiences with the youth and to provide them with insight into their chosen career fields. 2} Youth Leadership Development -The SERCO CYD Career program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately 64 middle and high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. Students will participate in youth conferences, team building exercises and career exploration opportunities. Over the course of the program year they will be invited to participate in college tours and encouraged to participate in community service projects. 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. Community service wil! also 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 with all planning done by the youth themselves. Community services projects help redirect energies of at-risk youth to more positive social activities. In addition, a planning retreat will be scheduled in September to map out a work plan for program year 2010-2011 of activities and events to be led by this group of students: A facilitator will be hired to work with the students to establish short and long term goals for the program; build their leadership and communications skills; and establish a team building spirit among the students from separate campuses. This group of students will meet regularly to 8 gauge goals and establish and adjust and modify as needed. Also, the ROPES team building program will be offered to students to promote leadership developmen#, team building and effective communication skills. In addition, a Career Day will be planned and hosted at the high school campus with rotating speakers throughout the day during scheduled assemblies. The participants of the leadership program on the high school campus will be responsible for planning the selection of speakers, meeting with campus administrators on logistics of assembly schedule, extension of invitation to guest speakers, hosting and introduction of speakers, etc. it will be a culmination of skills learned during the year as well as an opportunity to showcase the importance of bringing outside resources to students. 3) Life Skills -The SERCO Job Skills and Career Program proposes to serve ten (~ 0) sites: Lexington Elementary School, Central Park Elementary School, Baker Middle School, South Park Middle School, Browne Middle School, Bishop Garriga Middle School, Jahn Paul II High School and Moody and Carroll High Schools. 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, middle and high school students 1 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. Through participation in the program, staff, advisors and other partnering organizations encourage students to evaluate #heir 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 career advisement will offer a unique opportunity for the students 78415. Career advisors combined with 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 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. 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 apre-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 advisors 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. 5ERC0's proposed program will better prepare students to plan for their futures as they prepare to enter the workforce while promoting positive activities far 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 learn 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. 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 9 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 1fi Career Clusters -each has their own knowledge and skills requirements. We will examine as many of these as is passible, with students having the opportunity to talk to professionals in each of the categories 1. Agriculture, Food and Natural Resources 9. Hospitality and Tourism . Architecture and Construction 10. Human Services 3. Arts, AN Technology and Communications 11. Information T echnology . Business, Managemenk and Administration 12. Law, Public Safety and Security 5. Education and Training 13. Manufacturing . Finance 14. Marketing, Safes and Service 7. Government and Public Administration 15. Science, Technology, Engineering & Math 8. Health Science 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 1fi 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 advisors with helpful finks to 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 career advisor's worksite and shoot a video of the advisor at work, edit the DVD of each advisor 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. For the Summer Program, SERCO will be serving John Paul II Nigh School, Moody High School and Baker Middle School. These schools have been underserved throughout the school year and are still new to the CYD program. SERCO will work with 65 students from these schools by engaging them in 4 weeks of summer activities. They will also propose enrolling youth in its Workforce Solutions for 5 weeks and engage them in community activities while also giving them a work schedule. 4. RecreationallSports Activities: Students at Baker and South Park Middle Schools will participate in a weekly sportslrecreation club engaging youth in team building skills, interpersonal communications and organized sports activities. This after school program typically attracts over forty-five (45) youth each week. ROPES program elements will also be incorporated into the program activities. 3. Describe what startup activities will be necessary, including but not limited to hiring and training staff, publicizing your program in the community, and recruiting youth to the program. Provide a brief timeline for all activities. As this is our third year with the CYD program, we already have standing relationships and agreements with the schools and counselors far services. We will meet with staff and plan for the year and as soon as approval is given we can begin to signan up youth to the program. Everything is ready to begin immediately. 6. Identify the frequency, intensity and duration of services for a client: 10 Service'Ty~ie ', Fo~iillf~iorr~ ,F~q~ency .~1;ign Intensity;" use'the service type~~i"~~n'es first and ~ ~ targe#;youth' daily weekly; rrionth[y theamount of The tdtaf #'of ,., ~ indiVldual program Harries to parentheses, if .primary caregiver (~1 service dv~s not time it~'vWiil take a ;, sessioris.p~er client needed ~~ ~ ` equa!?a tim~,b`~nod clienfao complete ' '~~ sucl~as at><°13pur ~. ro X~m Mentorin Career Mentorin Pro ram Youth 1 session per month 7 months 7 sessions Youth Leadership Development Youth 1 session per month 9 months 9 sessions Communit Service Projects Youth Leadership Development (Youth Youth 2 sessions per month 4 months 8 sessions Summit Life Skills Careers of the Future Youth 1 session per week 36 weeks 36 sessions RecreationlS orts Club Youth 1 session per week 36 weeks 36 sessions Life Skills (Summer Pro ram Youth 1 session per day 16 da s 16 5esS10n5 Copy and paste additional rows if needed. 7. identify the target population to be served: w_k Yopth Is any part of the program designed to serve ages other than the GYD target population of 10-17? Yes ^ No if yes, please describe: Is any part of the program specifically designed to serve only males or females? Yes ^ No If yes, please describe: Is any part of the program specifically designed to serve a specific racial or ethnic group? Yes ^ No If yes, please describe: 8. If applicable, identify any program model or curriculum to be implemented and include the developer of the program {e.g. Ali Stars Curriculum by Tanglewood). SERCO does not utilize an identified program model or curriculum but has developed its own. 9. Identify the CYD Program's goats and objectives. All goats and objectives should address the impact on juvenile delinquency. Goals are broad statements of what your program is intended to achieve. Objectives are specific, measurable, achievable, relevant and time-focused statements. Goal(s): To give the youth of 78415 a satisfactory experience with their mentor, enhance youth's leadership skills and teach the youth about career exploration and give them the knowledge of what they need to succeed in various careers. Objective(s): Each youth will have a satisfactory experience with a mentor and will have experienced a banding connection. Each student will have experienced working on at least one Community Service Projects and will have experienced the completion of a job. Each youth that participates will have knowledge of a career path in terms of courses needed, classroom hours, college hours, expected salary, etc. and will also learn how to set short and long-term goals. 11 10. Describe the evaluation plan #or the program to include: staff responsible for evaluation, how evaluation data will be collected, how evaluation data will be conveyed to relevant staff and how evaluation data will be used to revise or improve the program, #o include at least the results of the satisfaction surveys. Include a list of measurement tools that will be collected, if applicable, to demonstrate on-going program effectiveness and implementation of the program design. Evaluation of program success will be easily measured by the number of students participating in program activities. Surveys will also be distributed to students every quarter to gauge interest in activities planned and carried out; relevance of activities to students; and suggestions on future program activities. Program staff will review student feedback and modify the work plan as needed. ~~lent i"{ec'rui#ment-an~.i Ret~.in:~i~n - - 11. Recruitment a. Describe the process for recruitment of at-risk youth and their families. Provide a description of any outreach strategies used to encourage referrals and collaboration. lnclude recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer clients. Counselors will recruit youth from their respective campuses to the program. They will make decisions on youth that they feel will benefit from the program. In addition, outreach efforts will be made during new student orientations to inform students and their parents of the programs and their benefits. A parent information meeting will be held at designated campuses in September so that they can get a preview of program activities with students. These meetings will be coordinated with the District's Parent Involvement liaisons on these campuses as well as being supported by the District's Parent Involvement Coordinator. Campus counselors will recruit youth who will best benefiit from a continuing program into the summer. Summer programs will run at the campus sites during summer work hours for 4 days a week for 4 weeks. This summer program will be offered on both middle school campuses integrating education, physical activity, educational field trips, arts and community service and computer knowledge. At the end of the four week program, parents will be invited to a special celebration showcasing the students' work. The summer program will enhance the skills and education learned during the school year and will in turn, teach youth the importance of setting goals and being involved in constructive activities that provide an alternative to delinquent behavior. SERCO does not anticipate any obstacles in its recruitment efforts to provide youth with a program of relevance as can be seen with the program success it has experienced in its first 2 years of implementation. SERCO will continue to provide a quality program that promotes learning, teaches real life skills, and provides an innovative approach in encouraging youth to look beyond today and towards their futures. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. Program staff will participate in community events to promote CYD program, vision and objectives whenever possible. Press releases are distributed to media outlets to promote awareness of program activities whenever applicable. 12. Retention a. Describe strategies used to engage youth and their families. Describe any techniques you will implement to establish trust, build rapport, and maintain relationships with your target population. The SERCO program has developed a work plan for the program year that includes successful activities that were facilitated during the 2009-10 Program as well as an expanded schedule of activities. it is our belief that the bond the youth feels with the mentorlprogram will assist in keeping them active throughout the year. Industry field trips are incorporated into the program. to expose students to mare career fields that will enhance knowledge gained through guest speakers. The student leaders that will be recruited far the leadership component of the proposal will have an active voice in the addition of new program activities and events, especially during the planning retreat to be held prior to the start of the new program year. This will ensure #hat student interest will remain throughout the program year allowing for the retention of student participation. ~2 Field trips are used as incentives to keep the youth in the program. In order to participate in the trips, they must continue with the program. fn addition, monitoring of attendance will 6e done and those youth not attending will be contacted either by phone calls or letters and encouraged to continue. b. Will your program offer incentives for participation? ®Yes ^ No If yes, describe the types of incentives and how they will be used {Note: lalease refer to the PEI policy on incentives). Field trips are used as incentives to keep the youth in the program. In order to participate in the trips, they must continue with the program. c. Describe your plans to retain youth in the program and ensure youth complete the program. Describe how you will recover youth who stop attending services to return to the program. The SERCO CYD Program has been very effective in retaining youth in its program activities because it offers a program of relevance to the students. The career focus of the program enables SERCO to provide a unique opportunity for youth to explore career opportunities and career fields that they would not normally have access to. Program staff will solicit feedback from youth who do not continue their participation in the program in an effort #o reengage youth. ~Voi,uun~'~er~"f~eciru~~`i~ent,'.Tra~nng, arr~! Re'~~'rt~lon 13. Will this program use volunteers? ®Yes ^ No If yes, describe the procedures for recruiting and screening volunteers and what criteria will be used to ensure they are a good fit to deliver the proposed services. The SERCO CYD Program recruits CCISD staff who are already on campus and familiar to the youth as sponsors/chaperones for program activities. Once identified and recruited, documents are forwarded to the volunteer for security clearance to work with the youth. 14. Explain the tasks which will be assigned to volunteers [mentoring, tutoring, presenting), how they will be trained, supervised, and retained (once a month supervision is required per the RFP}. Program staff work with the youth on an on-going basis. Volunteers who assist by chaperoning field trips are also utilized as needed. Career mentors are utilized on a one-time only basis to provide career information in a particular field of interest. Either the SERCO -CYD Program Liaison andlor the Program Manager are always on hand for program activities at school campuses and for field trips. 15. If volun#eers will serve as mentors, state the adult to youth ratio. 1 to 10 ~~ NOTE: All voluhiears must be cleared ivitji a DA5 Crrmina! 8ackgrqund Check and a DFPS C17rJd ;4buse l~egisfry check fhruugh th6 ABGS system PR10R for~eCess to clients anctrar cliertLrecords. AI! volunteers must he given monthly support for their 4tirork with youth. -- __ ~ - Q~~. fl~?J4~ty 16. Discuss potential barriers (e.g. transportation, child care, etc.) to providing services to program participants and how you will overcome those barriers. If transportation will not to be offered, identify the processes that are used to ensure that these factors are not obstacles to accessing services. 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 activities. SERCO will provide insurance to cover the students participating in the program through this grant for these off campus activities. 17. Describe the "safe passage" plan for youthlfamilies without transportation. Campus Counselors, Program Manager and 1 or Program Liaison will accompany and chaperone youth. 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 fior any Saturday workshops or events. Campus police are on the 13 campus sites before and after school and are readily available to assist with any potentially unsafe situations that may arise. SERCO will ensure that one adult is assigned for every 20 youth for on and off campus program activities. - -- ~. Sta , rrjg` Rl~~i _ ~ 18. Use the table below to describe the staffing plan, including the back up staffing plan in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide coverage, if necessary). Position title (indicate if Services far which this Position supervised by: Position has backup a volunteer position is res onsible b this osition: CYD Program Liaison Responsible for overall Assistant Vice-President, Assistant Vice- coordinatian of program SERCO of Texas President, SERCO of activities & ersonnel Texas Program Manager Responsible far recruiting CYD Program Liaison CYD Program Liaison speakers & arranging field tri slcha eronin fiield tri s CYD Program Support Responsible for assisting CYD Program Liaison CYD Program Liaison Clerk Program Liaison in day to day operations of activitieslmaintenance of student records and ro ram activities Fiscal Program Analyst Responsible for processing Regional Account Mgr Regional Account Mgr invoiceslfiscal reconciliation Regional Account Mgr Responsible for oversight of Vice-President, Accounting Staff fiscal many ement SERCO of Texas School Campus Program Responsible for program CYD Program Liaison CYD Program Liaison Supervisors activities on andlor Program Mgr campuslsupervision of students on field tri s Describe staff supervision and support. 5ERC0 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 oversightlsupervision conforms to City of Corpus Christi requirements and the contracted program activities. All staff, mentors and volunteers will undergo criminal background checks and child abuse registry checks prior to working with the program in accordance with bFPS regulations. All information will be kept in a secure location and available for review as needed. Staff wilt 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 receive a mentor program orientation and training. Mentors will have the opportunity to visit the website for research information and links to mentoring 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 5ERC0 CYD Program Liaison {10% of time) will ensure the successful implementation and operation of day to day activities far the CYD program. These include direct supervision of program staff and the recruitment, screening and training and ongoing support of volunteers and ensuring compliance with contract guidelines. In addition a Program Support Clerk will spend 25% of their time on the CYD program. They will be responsible for day-to-day administration of operational duties and a Fiscal Program Analyst will spend 10% of their time to work on the fiscal administration of the program. In the event of vacancies, there is support staff that work on other programs within the company that will be able to step in until the position is filled. In addition, SERCO will contract labor 1 consultants to assist with the program. This includes a Program Manager at 15% of their time to work closely with school campus staff to ensure that program objectives and components are being carried out as contracted. The Program Manager will be supervised by the Program Liaison. Also, School Campus Program Supervisors (6} will be contracted to run the program at #heir campuses. In the event of staff (campus) vacancies, the Program Manager andlor Program Liaison will assume all responsibilities until the position is reassigned. 14 activities/maintenance of student records and ro ram activities Fiscal Program Analyst Responsible for processing Regional Account Mgr Regional Account Mgr Invoices/fiscal reconciliation Regiona! Account Mgr Responsible for oversight of Vice-President, Accounting Staff fiscal mane ement SERCO of Texas School Campus Program Responsible for program CYD Program Liaison CYD Program Liaison Supervisors activities on andlor Program Mgr campuslsupervisian of students on field tri s Describe staff supervision and support. 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 oversightlsupervision conforms to City of Corpus Christi requirements and the contracted program activities. Ali staff, mentors and volunteers will undergo criminal background checks and child abuse registry checks prior to working with the program in accordance with DFPS regulations. 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 ail components of the program and collection of data. Mentors and mentees will receive a mentor program orientation and training. Mentors will have the opportunity to visit the website far research information and links to mentoring 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 SERCO CYD Program Liaison (10% ofi time) will ensure the successful implementation and operation of day to day activities for the CYD program. These include direct supervision of program staff and the recruitment, screening and training and ongoing support of volunteers and ensuring compliance with contract guidelines. In addition a Program Support Clerk will spend 25% of their time on the CYD program. They will be responsible for day-to-day adminis#ration of operational duties and a Fiscal Program Analyst will spend 10% of their time to work on the fscal administration of the program. In the event of vacancies, there is support staff that work on other programs within the company that will be able to s#ep in until the position is filled. In addition, SERCO will contract labor 1 consultants to assist with the program. This includes a Program Manager at 15% ofi their time to work closely with school campus staff to ensure that program objectives and components are being carried out as contracted, The Program Manager will be supervised by the Program Liaison. Also, School Campus Program Supervisors (B) will be contracted to run the program at their campuses. In the event of staff (campus) vacancies, the Program Manager andlor Program Liaison will assume all responsibilities until the position is reassigned. Signature of Person completing the Plan of Operation for the Subcontractor: ~~~- Si nature ~ / Prin#ed Name pate r Signature of Contractor Staff Approving the Pian of Dperation: -- . ~-/~~-~i~ ~`"~~ ~ Celina Pulcher Signature Printed Name ~ l~ Date 14 C L O N AA~ Rai. ~~ww ^r W O a cc oa m m ^ v t ~ '_ ~ ~ R"" U~ ~~ ~~ ~, ~ ~ Q ~ ~ o ~ ~}~ Q n m ~ Q ~ ~ ~ ~ ; ~n N ~,; ~ ~ ~ c ~ o b N L d ~. Q m m a .v w; ~7 ~ ~ L ~ ~ ~ ~ T /a W ~ 0 ~, ~ ~ _ Z c d N ~ ~ ~ ~ ~ ~ ~ ~ ^ ~ N o o z ro .r. U h N 4 N O (n O (~ ~ .t C 3 O C ~ ~ Q O ~ ~ ~ ~_, N N O i6 N ~ F ~ o. ~~ z c°a a ~ w ~ o 3~ '. ~ ~ ~--i Attachment A-3 Program Requirements - FY2011 78415 Community Youth Development Plan changes. Plan changes to budgets and plan of operation are each limited to three during the fiscal year with the final plan change to be submitted no later than June 1. Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the CYD Program Manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCs) who have contact with client or client information or if salary is reimbursed through the contract. It is assumed that staff including, but not limited to, Executive Directors and Chief Financial Officers will have access to clients or client records due to their oversight roles; therefore, require a cleared background check. Quarterly Reports and Corrective Action Plans. Each quarter the Subcontractor is required to submit a Quarterly Report no later than 30 days after the end of the first, second and third quarters. The Quarterly Report must include information on the program, how the subcontractor is performing and any corrective action plans that are required. At the end of the year the subcontractor is required to submit a Fourth QuarterlAnnual Report that provides ongoin~information regarding achievements and challenges in implementing the CYD program during the 4 quarter and the full contract year. A corrective action plan must include a statement of the problem, proposed steps to be taken, timeline for each step, person(s) responsible for implementing each step, and person responsible far oversight of the plan to ensure it is implemented correctly. Corrective action plants must be submitted on the required template and must outline the measures that will be taken by subcontractor to address each performance measure that is off track. Program Services. Youth may not participate solely in one-time activities. If one-time activities are planned as a service, they should be an added value for youth already participating in other CYD Program Services and cannot be a stand-alone service. Direc# service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. Program Forms and Social Security Numlbers. Contractors are required to complete all fields of the program form such as the registration form, in its entirety including the social security numbers field. If a client refuses to provide their social security number, contractors must document refusal in the case file. The expectation is that contractors make a good faith effort to obtain social security numbers and other information listed on the program form. Sections of the program registration forms that have an asterisk are required fields in the database; however, the expectation is that the form is completed thoroughly. All services provided in accordance with the Subcontractor's approved Plan of Operation must be tracked using the appropriate documentation farms. Service documentation must be complete, accurate and 16 maintained in an organized fashion. Subcontractor must maintain records in a manner which protects the confidentiality of the clients being served. Service documentation must include, but is not limited to: Sign-in sheets, particularly for group activities Monthly Service Tracking Forms Satisfaction Surveys Documentation may also include, if applicable: Service plans Referral logs Case notes, including phone logs, home visit notes, office visit notes, etc All services provided by subcon#ractor must have valid documentation that supports verification of participant attendance, such as sign-in sheets or attendance rolls, including a signature certifying the validity of the information, individuallgroup progress notes, materialslhand-outs used and additional documentation as appropriate to-the program. Client files must include, at a minimum, the following forms completed: The DFPS Registration Form CYD Risk Factor Survey Pre-service Protective Factors Survey Post-service Protective Factors Survey Cost Reimbursements. Subcontractors must submit reimbursement requests by the 5t" of each month. The City nor DFPS is obligated to pay unauthorized costs or to pay more that Subcontractor's allowable and actually incurred costs consistent with federal and state regulations. The reimbursement made to Subcontractor will not exceed actual costs to provide the services under this Contract and Subcontractor's actual costs, both direct and indirect, mus# be allowable, reasonable, and allocable. Subcontractor must submit supplemental bills quarterly, (December 30, March 30, June 30 or September 30) to submit costs not included on the main monthly bill Onfy one supplemental bill may be submitted for each month, so all additional costs must be included. Reallocation of Funds. 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 3Q), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to reinstatement through the appeals process set below. Fiscal Agent will notify Subcontractor in writing of the pending budget reduction to Subcontractor's budget and give Subcontractor fourteen (14) calendar days to respond. If Subcontractor does not respond within fourteen (14) calendar days, then the budget adjustment will be made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced budget amount within fourteen (14) calendar days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds forfeited by any Subcontractor will be used for other CYD programs. Controlled Assets. Subcontractors must complete an inventory list of any controlled assets (ex. computers, furniture, etc) purchased either in part or in full by DFPS funds using an inventory lis# form. A new inventory list will need to be submitted to the City during each contract renewal cycle. 17 B1 -Budget Information Forms SERCO of Texas Contract Period: Sept, 1, 2010- Aug. 31, 2011 Summary Budget FY2011 COST CATEGORY TOTAL 1. (A) Personnel -Salaries $16,146.53 B Personnel - Frin a Benefits 4,651.00 C Personnel - Travel 3,700.00 2. Materials and Su lies 15,929.03 3. E ui ment 800.00 4. Other Costs 5$,773.44 TOTAL BUDGET $100 000.00 Cash Match $0.00 In-kind Match $0.00 -18- B1 -Budget Ir~forma#ion Forms SERCO of Texas Contract Period: Sept. 1, 2010 -Aug. 31, 2011 (1 a) Personnel -Salaries FY11 A Position or Title B Number of Staff for Position C Average Full Time Monthly Salary ~ Percent of Time on Budgeted Position E Number of Months Employed F Cast (BxCxDxE) (Total) Pro ram Liaison 1 4,229.33 10% 12 5,075.20 Pro ram Su ort Clerk 1 2,499.47 25% 12 7,498.41 Fiscal Pro ram Anal st 1 3,050.67 4.50% 12 1,647.36 Senior Accountant 1 4,584.67 3.50% 12 1,925.56 TOTAL SALARIES Total 16,146.53 -19- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2Q10-Aug. 31, 2011 {1 b} Personnel -Fringe Benefits {Employer's Share) FY11 Fringe Benefits Based on (1 a) Salaries Paid* Fringe Benefits Based on {1 a) Salaries Paid Pro ram Liaison $2,688.89 x 45% $1,210.DD Pro ram Su ort Cleric $5,555.56 x 45% 2,500.00 Fiscal Pro ram Anal st $1,147.78 x 45% 516.5D Senior Accountant $943.33 x 45% 424.50 TOTAL FRINGE BENEFITS $4,651.OD -20- B1 -Budget Information Forms 5ERC0 of Texas Contract Period: Sept. 1, 2010 -Aug. 31, 2011 {1 c) Personnel - Travel FY11 Type of Expense (transportation, food, lodging, mileage) Purpose (Destination and Benefits to Program) Total Mileage $.5D x 100 miles x 12 $1,2DO.DD Travel National Youth S m asium $1,500.D0 National Dro out Prev. Conference $1,D00.00 TOTAL TRAVEL $3,700.00 -21- B1 -Budget Information Forms S E RCO of Texas Contract Period: Sept. 1, 2010 -Aug. 31, 2011 (2) Materials and Supplies FY11 Descri tion and Basis for Cost Total Office Su lies $3,500.OD Cameras $630.00 Celi Phone Allocation $600.OD Educational Materials $2,700.00 Recreational & S orts Su lies $2,DOO.OD T-Shirts $2,498.30 Field tri entrance fees $4,000.73 TOTAt_ CONSUMABLE SUPPLIES $15,929.03 -22- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2D10 -Aug. 31, 2011 (3) Equipment FY11 Description and Basis for Method Used Total Valuation (lease, rent, purchase, etc. Laptop Computer ~gpp_pp TOTAL TRAVEL ~ ~ $SOO.aD -23- B1 -Budget Information Forms SERCO of Texas Contract Period: Sept. 1, 2010 -Aug. 31, 2011 (4) Other Costs FY11 Descri Lion and Basis for Cost Total Contract Labor 1 Consultants $23,610.00 Pro ram Mana er, 6 Pro ram Su ervisors, Communit Service Supervisors (Other Contract Labor- Independent City,Contracted I $13,390.00 Speakers. Sports Clinic Food & Snacks -field trips, after school activities, weekend I $8,069.87 programs, and summer activities Trans ortatian Rentals $8,000.00 Overhead Costs $4,203.57 Printing 1 copying $300.OD (Postage and Mailing I $200.00 TOTAL OTHER COSTS I $58.773.44 -24- SUBCONTRACTOR: SERCO of Texas Request No. CONTRACT PERIOD: 09/01/2010 to 0$/31/2011 Reporting Month TITLE: Community Youth Development Program Attachment B-2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST (1) - (2) *City Use Amount (I) YTD {2} YTD Amount Only Budgeted Expended Invoiced Requested*_ Amnt. Paid Personnel -Salaries Program Liaison 5,075.20 Program Support Clerk- 7,49$.41 Senior Accountant 1,925.56 Fiscal Program Analyst 1,647.36 TOTAL 16,146.53 Personnel - Fringe Program Liaison 1,2I 0.00 Program Support Clerk 2,500A0 Senior Accountant 424.50 Fiscal Program Analyst 516.50 TOTAL 4,651.00 Personnel -Travel Mileage 1,200.00 Travel 2,500.00 TOTAL 3,700.00 Materials and Su~nlies Office Supplies 3,500.00 Cameras 630.00 Educational Materials 2,700.00 Recreational & Sports Supplies 2,000.00 CeII Phone 600.00 T-Shirts 2,498.30 Field Trip Entrance Fees 4,000.73 TOTAL 15,929.03 Rental, Lease or Purchase of Equipment Laptop SOOAO TOTAL 800.00 Other Costs Contract Labor 23,610.00 Other Contract Labor 13,390.00 Food & Snacks 9,069.87 Transportation Rentals 8,000.00 Overhead 4,203.57 Printing /copying 300.00 Postage /Mailing 200.00 TOTAL 58,773.44 TOTAL 100,000.00 ~` Amounts expended cannot exceed amount budgeted. 1 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 zs Attachment B-3 SERCO of Texas Budget Narrative - FY11 G01 aRIFS Personnel -Salaries: $ 16,146.53 Salary for SERCO includes four positions that will take care of oversight and day-to-day operations for the GYD Program. The CYD Program Liaison will ensure the successful implementation and operation of day-to-day activities for the 2010-11 program years. They will be charged at various percentages of time or approx. number of hours. The Program Support Clerk and will be charged with providing direct supervision of program staff and the recruitment, screening and training and ongoing support of mentors and ensuring compliance with contract guidelines. The Fiscal Program Analyst will work on day to day administration of operational duties and the Senior Accountant will work on the fiscal administration of the program. Program Liaison - 10% or 17.5 hrs per month 208 hrs x $24.40 = $5,075.20 Program Support. Clerk 25% or 43.33 hrs per month 520 hrs x $14.42 = $7,498.41 Fiscal Program Analyst 4.5% or 8 hrs per month 93.6 hrs x $17.60 = $1,647.36 Senior Accountant 3.5% or 6 hrs per month 72.8 hrs x $26.45 = $1,925.56 Tota I cost=$16,146.53 FRINGE BENEFITS Personnel -Fringe Benefits: $4,fi51A0 SERCO will be charging fringe benefits at 45% of the total cost. The Fringe Benefits include: Social Security, Medicare, FUTA, SUTA, Worker's Compensation, Health Benefits Allowance, and 401 K (if applicable) The fringe for each employee is based on the percentage of their. salary based on their overall salary and multiplied by their total projected fringe benefits annualized. Program Liaison @ $1,210 Program Support Clerk @ $2,500 Fiscal Program Analyst @ $516.50 Senior Accountant @ $424.50 Total cost $4,651.00 TRAVEL: $3,700A0 Local Travel-- $1,200.x0 Travel reimbursement will be charged at the state rate of $.50 cents per mile. Rates are calculated at 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. 26 Mileage 100 x .50 x 12 = $1,200.00 Out of town Travel--$2,5x0 Travel to out of town conferences to gain knowledge and learn 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 other relevant in-state conferences. Travel allocation will also be charged for Program Liaison and other Program staff when applicable. National Youth Symposium $1,5DD In-state Training 1 000 Total: $2,500 MATERIAL AND SUPPLIES Materials and Supplies - $1x,929.03 Office supplies for nine 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. 9 sites x $388.89 per site = $3,5D0. Cameras: One camera for new campus at $230 to document program activities plus one videocamera @ $400 = $630.00 The Program Liaison has use of a company cell phone and air card which is allocated according to her payroll allocation. The monthly charge averages from $375 to $425 per month which is then allocated appropriately based on her time spent on the CYD program. Telephone Charge for cell phone usage is an allocation for the Program Liaison =$BDO Educational materials: Purchase of curriculum materials = $2,700 Recreational & sports supplies for Saturday team building activities (indoor 1 outdoor) _ $2,000 T-shirts for participants to wear for community service events, college tours, field trips, etc. 415 shirts x $6.021each= $2,498.30 Entrance fees for field trips throughout program year = $4,000.73 Total Materials & Supplies - $15,929.03 EQUIPMENT Equipment - $800 27 Cost of laptop for Program Liaison for use when traveling from campus to campus. Laptop 1 i3 Processor 1 13.3" Display/ 4GB Memory 1500GB Hard Drive Total cost=$800 OTHER COSTS Other Costs: $58,773.44 Contract Labor 1 Consultants: Program Manager to work closely with school campus staff to ensure that program objectives and components are being carried out as contracted. School Campus Program Supervisors are responsible for overseeing the Program at each school. They coordinate all communications and activities at each perspective school. Community Service Supervisors are utilized on weekends and at field trips for the youth. They are there to chaperone and advise youth on the community service projects. Program Manager - $9,000 School Campus Program Supervisors: 6 supervisors @ $30.OOIhr. x 8 hrslmo x 8 mo} =$11,520 Saturday and Summer Community Service Supervisors: 103 hours @ $301hr = $3,090. Total Contract LaborlConsultant = $23,610 Other Contract labor to be procured for are for events that are catered to the CYD Youth. Only CYD youth are registered to attend these special events. Planned Parenthood to provide Independent City life skills activity at campuses=$3,000 Contracted Speakers=$9,390 Facilitation of sports clinic=$1,000 Total cost = $13,390 Food and snacks for field trips and after school activities, weekend program activities once a month x 9 mos, to include drinks, snacks, lunch for Saturday activities, and pizza every other month for each club. Food for summer activities includes lunch once a week as well as snacks and drinks each day. $750 x 12 months = $9,069.87. Transportation Rentals: Bus andlor Van Rental for visits to employers, government institutions and educational learning activities. Monthly community service projects and/or field trips @ $5001mo x 9 months. Educational field trip to Austin far capital visit @ $18001bus + trip to out of town college campus $850/bus x 2=$1700. Transportation Rentals - 9 months x $500 = $4,500 Bus Rental Austin Capitol Trip - 1 x $1,800 = $1,800 Bus Rental College Campus - $850 x 2 = $1,700 Total costs - $8,000. Overhead Costs: Cost to run program from SERCO headquarters-use of office space and supplies. The total managementloverhead budget is $638,905. The allocation of shared costs is based on dividing the total salaries for each contract by the total of salaries of all contracts combined. Based on the current projected salaries for CYD and 28 the total salaries for other contracts it has been projected that the CYD contract percentage is .66% for the year. Overhead Cost: $636,905 x .66% _ $4,203.57 The budget for printinglcopying and postage are for any unforeseen direct program costs that may be incurred throughout the year. Printing/Copying = $300. Postage @ $200. In-Kind: $120,000. Counselor's in-kind salary for mentoring services provided during regular school hours, volunteer 1 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 29 Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Developmen# Program Contracts) Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "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 'I. 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 Subcontrac#or has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that helshe 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 wi#h 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 Cade of Federal Regulations ("CFR") Part 74, Office of Management and Budget ("OMB") Circulars A-133, A-110, A-21, A-87 and A-122 as applicable, the Uniform Grant Management Standards (UGMS} as applicable and 40 Texas Administrative Code ("TAC"} 732.240-256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A-87, A-122, A-110, and 40 TAC 732.240-256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of 5#ate or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. if program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred far 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. - 30 - 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 ar~d actually incurred casts 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. B. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. F. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. G. All funds unearned or unexpended in the performance of this Contract shall 6e retained by the Department. H. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not~warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. The Subcontractor understands and agrees that prior written approval must be secured: For transfers between line items for any dolEar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense/cost. For unit rate Contracfs 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. K. Buy Texas. In accordance with Texas Government Code § 2155.4441, the State of Texas requires that during the performace of a contract for services, Contractor will purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the state. - 31 - SECTION 4. LIABILITY FOR REPAYMENT A. All payments under this Contract are subject to audit by the Department and the Fiscal Agent. Subcontractor shall assume liability for repayment of funds disbursed where such disbursement is subsequently determined to be improper or unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for repayment of disallowed costs with non-Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor shall also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGE5 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. 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. C. 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 kerms 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. D 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 timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEE,PINGIREPORTING 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 - 32 - supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services {"DHWS"), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five {5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. ff any litigation, claim, or audit involving these records begins before the five {5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. D. Subcontractor shall submit aself-evaluation report within 30 days following the end of the Contract Period. The self-evaluation report should address the accomplishments of the programiservices, the effectiveness of the services provided, and the attainment of output measures, evidence-based pertormance measures and program goals listed in this Contract. SBCTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contractor any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. Anon-governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party. Failure by a non-governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub-subcontractors signed by an official duly authorized to legally obligate the Sub-subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub-subcontractor who will provide services as part of this Contract. Each Sub-subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub-subcontractors as it pertains to this Contract, during the Contract Period. - 33 - 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 a!I subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whale or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christi by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel a# 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 ar 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 T 34 - Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data. provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need fio be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non-compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow- up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract in accordance with Section 33. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of thefit, 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 sha[I 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. - 35 - G 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. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W-2s to common law employees. The Subcontractor is responsible far 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 ail Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay #o the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 14. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form wi#hin 365 days of the action complained of. Nan-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 complaihed of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 15. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiiscal 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 ou# 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 wil! be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub- Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. - 35 - SECTION 16. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. No member, officer, agent, or employee of the 1=fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects hislher financial interest. C. Executives and employees of Subcontrac#or shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion tha# favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 17. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract far cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activi#ies and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 18. INDEMNIFICATION The Su6confracfor shall indemnify and hold harmless the Fiscal Agent and the Department, their ofiFicers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or Injury to persons resulting from negligence, misconduct, or any act or omission an the part of the Subcontractor, its officers, agents, employees, representatives, or Sub-subcontractors. !n the event of loss, damage, ar destruction of any - 37 - property due to the negligence, miscvnducf, act or omission of the Subcontractor, fhe Subconfractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Departmenf. Such cost shall be due and payable by the Subcontractor within fen (10) calendar days after the date of receipt of written notice from fhe Fiscal Agent or Department of the amount due. The Sfafe of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neifher agree fo hold fhe Subcontractor harmless nor agree fo indemnify fhe Subconfractor and any provisions to the contrary are void. SECTION 19. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious oranti-religious activity, worship, or instruction. SECTION 20. POLITICAL ACTIVITYILOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No. 116, dated June 15, 199D, 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 21. 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 1962 (Public Law 88-352) Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112) Americans with Disabilities Act of 199D (Public Law 1D1-336) Age Discrimination Act of 1975 Title IX of Education Amendments of 1972 Food Stamp Act of 1977; and The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. 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, physicallmental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV; 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; - 38 - 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 Agenk's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a wri#ten 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 Heal#h and Safety Cade. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to du#ies involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act - 39 - (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 goad 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 feast 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 22. REPORTING ABUSE, NEGLECT, OR EXPLOITATION. Subcontractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family code, Chapter 261. All reports must be made within twenty-four {24) hours of the discovery of abuse, neglect, or exploitation. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty-eight (48} hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar {$5DD,D00) 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 $5D0,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, ar 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 far all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations - 40 - 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 ali 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 bands, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or band 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 governments[ entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarmen#, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract; and 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 - 41 - 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 5ubcon#ractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and 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 patentor 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 couhselors, or any other source. Wi#hout the permission of the applicant or participant, such information may be disclosed only as necessary far purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However Subcontractor's information ma be sub~ect to re uired ublic 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 tJ.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. In some instances, email correspondence may be utilized and this communication is to be treated as having received a written correspondence. SI=CTION 29, GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the kerms and conditions of this Contract. B. The Performance Measures, Attachment A-1 to this Contract, Plan of Operation, Attachment A-2 to this Contract, Budget, Attachment B-1 to this Contract, Budget Narrative, Attachment B-3 to this Contract and Program Requirements, Attachment C-1 to this Contract, constitute promised - 42 - 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 Departmenk. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience #o provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported tv 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 within 30 to 60 days, 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 within 30 to fi0 days, or take other actions, including, but not limited to: - 43 - 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 orjudiciaffy 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 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 shalt suspend ar revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall afro suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial.or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE REVIEW Subcontractor will be notified monthly andlor quarterly by written correspondence to identify the Subcontractor's performance in accordance with the pertormance 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 pertormance measures in Attachment A-1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not _ ~~ in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract Subcontractor will be given prompt written notice and the opportunity for a hearing within fourteen (14) calendar days from such suspension. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in At#achment A-1.. SECTION 38. SUBCONTRACTOR COMPLIANCE W[TH PR[MARY CONTRACT Subcontractor accepts and agrees to abide by all terms and conditions ofi the primary contract between the City of Corpus Christi and the Texas Department of Family and Protective Services regarding the Community Youth Development Program. - 45 - Texas Dept. of Family Certifications Form 4733 and Protective Services February 2D1 D The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department Eater determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue al! available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify the accuracy.of all the statements contained In this section Si nor must rovide written notice fo DFPS detailin which of the below A. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Executive Orders 12549 and 12689 require DFPS to screen each covered Signor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Signor certifies the following: 1. That Signor is, to the best of its knowledge and belief, not debarred, suspended, declared ineligible, or voluntarily excluded from .participation in this solicitation or any resulting contract. 2. That Signor will not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services. 3. That Signor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion without modification in any subcontracts or solicitations for subcontracts. B, Certification Re ardin Lobb in . State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Signor certifies, to the best of its knowledge and belief, that: 1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Signor, to any person for influencing or attempting to influence an officer or employee of an 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, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal 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 federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The Signor shall require that the language of this certification be included in the award documents for subcontracts and that all subcontractors shall certify and disclose accordingly. 4. Payments of appropriated or other funds to Signor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. C. Certification Re ardin Child Su ort. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the Page 1 of 3 Texas Dept. of Family CertlflCatlOnS Form 4733 and Protective Services February 20i 0 individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. D. Drug-t=ree Workplace Certification. Signor certifies that it will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about- a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (D)(1); 4. Notifying the employee in the statement required by paragraph (D)(1} that, as a condition of employment under the grant, the employee will--- a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (D)(4)(b) firom an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers} of each affected grant; fi. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (D}(4)(b}, with respect to any employee who is so convicted- a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free workplace. E. Anti-Trust Certification. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Signor certifies that neither the Signor nor the #irm, corporation, partnership, or institution represented by the Signor, or anyone acting for such a #irm, corporation, or institution has violated the anti-trust laws of this state, federal anti-trust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Page 2 of 3 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2090 adminis#rative hearing or court suit within the last 5 years. Signor certifies that it has no officers who have served as officers of other entities who have been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Signor represents and warrants that within the last five years it has not been found guilty or liable of any investigation or proceeding by any federal or state securities regulator under any federal or state securities laws or regulations. G. Prohibited Responses and Contracts. Pursuant to Texas Government Code §2155.004-006, Signor certifies that the individual or business entity named in this form is eligible to receive the specified contract and acknowledges that any contract concerning this certification may be terminated and payment withheld if this certification is inaccurate. H. Financial Interests; Gifts. Signor certifies that neither Signor nor any person or entity that will participate financially in a contract has received compensation from DFPS for participation in preparation of specifications for a contract. Signor certifies that it has not given, offered to give, and does not intend to give at any time, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any public servant or employee in connection with a contract. As the duly authorized representative (Signor} of the Potential Contractor, I hereby certify that the Potential Contractor will comply with the above certifications. ~1C~f~ C5. V~~ ~~ - Prin#ed Name of Authorized Representative Si nature of Authorized Rep esentative Title of Authorized Representative Date C~ ~ ~~ ~ xa.s ~ ~ D ? c~~ I ~ ~ ,~ Legal Name of Potential Contractor ~ Procurement or Contract Number Page 3 of 3