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Home My WebLink AboutC2010-409 - 9/1/2010 - NACONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2011-5 This contract ("Contract") is entered into by the City of Carpus Christi ("City" or "Fiscal Agent") and the following named Subcontractor: CITY: SUBCONTRACTOR: City of Corpus Christi- PARD -CYD Corpus Christi Housing Authority 606 N. Carancahua, Ste 105 3701 Ayers Corpus Christi, TX 78401 Corpus Christi, TX 78415 Telephone: {361) 826-4028 Telephone: (361) 361-889-3343 FAX: (361) 286-4038 FAX: (361) 361-889-3344 Contact Person: Celina Pincher Contact Person: Richard J. Franco Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ("CYD") funded by the Texas Department of Family and Protective Services ("DFPS"). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (AttachmentA-1) (Attachment A-2) ~(G.-, ~F' o~.~~~+~~-. Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcon#ractor Certification (Attachment D) C~~r~ ~.133~ C Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi underthis Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2010 Through: August 31, 2011 FUNDING OBLIGATION: Not to exceed $10,000.00 for FY 2011 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary City o~Corpus Christi ~~ ` I Escobar ity Manager Legal form approved r = ~ , 2010; 4 Bv: ~~ 2010-409 09/01/10 '^~~ CC Housing Authority Subcontra Corp hristi thority By. - chard r Date: INDEXED 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Corpus Christi Housing Authority TABLE OF CONTENTS Contract Cover Sheet Page No. Table of Contents .............................................................................................i Contracted Performance Measures (AttachmentA-1) .................................1 Plan of Operation {Attachment A-2} ...............................................................6 Program Requirements (Attachment A-3} .....................................................13 Budget Information Forms (Attachment B-1} ................................................16 Reimbursement Request Form (Attachment B-2) .........................................23 Budget Narrative (Attachment B-3) ................................................................24 Standard Terms and Conditions (Attachment C} ..........................................27 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability far Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record I<eepinglReporting 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 Activity/Lobbying 21. Non-Discrimination and Equal Opportunity 22. Reporting Abuse, Neglect, or Exploitation 23. Health and Safety Standards 24. insurance. 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 3Q, 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 (Attachment D} ..........................43 iE Attachment 1 -Performance Measures Page 1 of 5 Attachment A-1 Contractor: City of Corpus Chris#'r Program Name: Community Youth Development (CYD) Contract Number: 23792861 Contract Period: September 1, 2010 -August 31, 2011 Performance Measures: Pursuant to Texas Fluman Resources Code §40.058 all contracts for client services must include clearly defined goals and outcomes that can 6e 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 #1: 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: PSIS Database Methodology: Count ail 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 performance period, the actual number served will be considered the average number served. Output #2: Number of Target Youths served during the contract period In the Contractor's CYD Program Output Performance Period: Contractor per#ormance for this output is determined annually but measured throughout the contract period. Output Indicator: Total number ofi 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 6-9 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 6-9 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 6-9 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 -Performance 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 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. 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 PETS 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 pertormance period from which a completed Pre-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 #5: Completed Post-Service Protective Factors Survey Questionnaires are obtained from G-9 year oid 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 PEIS Database Methodology: The numerator is the number of eligible 6-9 year ofd 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 pertormance 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 pertormance 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 Pos#-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 Pertormance 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 10-17 year old Target Youths in the Contractor's CYD Program from whom a completed Preventlon and Early Intervention Youth Satisfaction Survey Questionnaire is obtained by the Con#ractor Output Target: 50% 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 10-17 year old Target Youths served during the output performance period. Divide the numerator by the denominator, multiply by 100 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 after baseline data are collected from the 6-9 year old Target Youths receiving services during Fiscal Year 2011. Purpose: To dvaluate 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 PE15 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 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 far this measure will be negotiated after baseline data are collected from the 10-17 year old Target Youths receiving services during Fiscal Year 2011. Purpose: Ta evaluate the Contractor's success at increasing protective factors in the 10-17 year ofd 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 wilt 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 10-17 year old Target Youths with average scores of five or higher for the first eight items Outcome Target: 80% Purpose: To evaluate the Contractor's success at providing services that are perceived as satisfactory by the 10-17 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 5 with an average score of five or higher for the first eight items. The denominator is the total number of completed Questionnaires for the 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 Pertormance 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 PETS 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 period 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 Agpregafe -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 lfor the Satisfaction Survey Questionnaire} -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 riumber 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 fscal year and shall not exceed 12 months. Eligible {to respond to the Post-Service Protective Factors Sunrey 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 15~ of the current fiscal year if the youth was registered in a previous fisca[ 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 lTo respond to the Youth Satisfaction Survey Questionnaire) - A 1 D-17 year old Target Youth that has: ^ Completed the prescribed CYD Program; or ^ ParEicipated in the CYD Program for 12 months; or ^ Exited the CYD Program. Exited - A Target Youth stopped accepting services during the output performance period without completing the program. 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 Sunrey Questionnaire -- A tool administered to the 6-17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors. Protective Factors -Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Satisfied - A response of five or higher on the 7-point Likert scale. Target Youths -Youths through 17 years of age who five 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 Target Youth with a unique client ID number who receives at least one service is only counted one time during the performance period. Community You#h Development Program FY 2011 Subcontractor Plan of Operation - -~ SUBCONTRACT'ED.C(rIENT SERVICES This Docum_ ent,tnust be Completed as IsartFpf edch CYQ suh ~~ ~Y~~~ t~ ' ~^ . ~ ~., `~' i , ~ @~ ,:~~rv(gl~.F'Coyfd.er_ fa;~ ion _ Fiscal AgentlPrimary Contractor: City of Corpus Christi _ __ _ Subcontractor Name: Corpus Christi Housing Authority Total CYD Funding Amount: $10,000 Program Name: Community for Youth - I_a Armada f=amily Resource Center Su'b ontr~rrt .riCo nt~,C ~ rJ Arma (rn Name: Title: E-mail: Phone Number: Rachel Benavides Vice-President of Rachel_benavides@hacc.org 361-889-3343 Resident Initiatives Address: 1455 South ate, Cor us Christi, Texas 78415 Contract Period: From: Sept. 1, 2010 To: Aug 31, 2011 Funding Priority(ies): #1 Academic Support, #3 (Inclusive Dates of Service): Same as contract period Recreational Services Yes: ®No: [^ If not, From: To: Ali addresses (locations) where services will be provided, please use full address): 1. 1455 Southgate, Corpus Christi, Texas 78415 2. 2800 Sacky Drive, Corpus Christi, Texas 78415 3. 4. '~P~o ram~~Out ..its _ Output #1: Output #3: Average number of unduplicated 32 Average number of 0 youth served monthly* : unduplicated adul#s served monthl *: Output #2: Output #4: 0 Number of unduplicated youth 919 Number of unduplicated served during the fiscal years*: adults served during the fiiscaf year**: Catculate the cost of the overall program per youth (Cost per = $Contract amount 1 # youth served annually.}: $84.03 ~ ik ~ x , ' 1VIo'nfhty Average: each youth or adult receiving services within a more 4 ~ „~` R~ ~ir.~sng each monfh. ` '~ 4 ' ~t , rynua!!y' 68G yuUth or ~dUlf receiving servrces within th@ cprrt C~~,~ ' ~~rf is cnuftfe[i once fpr t gant ' v a Please fill in the following chart to explain how you will reach your target outputs during the fiscal year, !# 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 BOTH 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. Individuais~ Maximum Number Total number Number of Average number Annual Output Caseload of staff of youth program cycles of youth served (monthly output x er staff served er per ear monthl number of c cles per b program cycle (caseload x staff year) (caseload x # - 10%) of staffl Groups: Maximum Number of Total number of Number Average Annual Output group size group youth served per of Monthly (monthly output x sessions program cycle program Output: number of group running (group size x # of cycles (group size cycles per year) concurrently concurrent per year x # of group group sessions) sessions - 10 Academic 75 7 75 2 (72 15 x 1- 13.5 x 2 = 27 Support week 90% = 13.5 ro ram Recreational 97 2 34 3 (8 week 15 x 2 - 30.6 x 3 = 92 Pro rams programs} 10% = 30.6 1. !s this CYD Program astand-alone 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 La Armada Community for Youth 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 (onlynne provider may ® Academic Support Services provide fhe YAC business service type) 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 ^ Parental/guardian 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 schoollcommunity ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose CYi) Progfai~`G1~soriptlon, 4. Describe 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) After School Recreational and Academic support through supervised learning, peer to peer counseling, cultural awareness, and nutrition education. Services will be provided daily Monday -Friday after school in a safe learning environment. Academic support is given each day from 3-4pm. The youth are supervised and assisted with homework each day. After homework is completed, a Topic of the Month is presented and the youth will either listen to visiting presenters or they will work on something that relates to the topic. Recreational Programs are run everyday from 5:30p to 7 6:30p. Youth participate in games, outside play, recreational play. In order to engage older youth, more structured Recreational activities are being planned including basketball camps, game time, etc. 5. 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. Staff is currently in place from the larger Housing Authority program. Beginning in September, Program Recruitment and Outreach will be done to publicize the program. This will also be continually done throughout the year. The Tutoring Program will be initiated at the start of school and will continue throughout the school year. In the summber this program will still concentrate on educational learning lay teaching the youth new concepts each week. The Recreational Program will begin in September with staff working with the youth to develop programs they would like to see through the year. Bach day the youth will be given the opportunity for outside recreation games and structured sports games. B. Identify the firequency, intensity and duration of services for a client: "~°' :Sen7ice T~+pe use the service type: names f rst and individual :program names in parenkheses, if needed ~y , Far Vllhair target .youth, primary ' caregiver ' " Fi~que t;y daily, weekly; monthly (1 seivice does not equal a time period such as an hour buratt"on the. amounf oP time it will fake a < client to complete the ro ram Intensity , The total ~ of sessions client Academic Support (Homework Time, Presentations Youth 2 sessions per week 12 weeks 24 Recreational Su ort Dail Recreation Youth 12 sessions per month 4 months 48 Recreational Pro ram Summer Cam Youth 5 sessions per week $ weeks 40 Copy and paste additional rows if needed 7. Identify the target population to be served: Youth , Is any part of the program designed to serve ages other than the CYD target population of 10-17? Yes ®No ^ If yes, please describe: The Community for Youth Program targets public housing children with ages ranging 6-17 years of age. Activities are separated in order to serve an older youth population but many younger youth participate in the program as well. 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. All Stars Curriculum by Tanglewood). NIA 9. Identify the CYD Program's goals and objectives. All goals and objectives should address ttte 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 provide the youth of the La Armada Housing Center a safe haven while providing educational support and recreational activities to keep youth focused and away from harmful activities. 8 Objective(s): To provide a minimum of 119 youth with a safe haven in an area which crime and poverty are significant. The center will focus first on the children's well being and safety and then act as a resource to supplement their educational needs. Ta provide a minimum of 119 children with after school homework assistance and recreational activities in support of drop out prevention. 10. Describe the evaluation plan for 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, to 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. Coordination staff is responsible for administering CYD Pre & Post tests, they are also responsible for administering satisfaction surveys. All information will be given to the VP of Resident Initiatives for evaluation and in turn the VP will convey the results to the staff and seek improvements to the program. In addition, the VP will work closely with the CYD Program Manager to review the programs outcomes in accordance with database analysis. A report of Satisfaction Survey comments wil! also be utilized by the VP to improve and or revise program activities. Client Recruitmedt,an"d Ret~intion .' ~ ~, '';~' _. ;,~ 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. Include recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer clients. Youth will be recruited for the proposed program through the recreation centers directly and through written notices. The Community for Youth Coordinator along with the support of the property managers will aid in the recruitment of all participants. For children who do not utilize the center, flyers will be delivered door to door informing all residents of upcoming events. The Housing Authority also publishes a monthly newsletter, which is delivered to all residents door to door as well. Because the Housing Authority is an equal housing opportunity agency, cultural diversity is the norm and all residents will receive a flyer. The CCHA will also ensure that the local schools are informed of the program and may refer their students who reside in public housing. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. The GFY Program participates annually in the National Night Out event scheduled for every October. Additionally, the program is partnered with the La Armada Resident Council which sponsors regular outreaches including back to school and holiday events to bring the community together. 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 youth actively compete for incentives through regular participation, attendance reports and report cards. The children have learned that the center is a safe haven free from gangs and drugs and rely upon its security for all after school projects. The youth build a rapport with the Coordinators and come to them for information, trust, etc. The Coordinators also speak to the families whenever possible to stress the importance of keeping the youth coming back each day. b. Will your program offer incentives for participation? ®Yes ^ No If yes, describe the types of incentives and how they will be used (Note: Please refer to the PEI policy on incentives). incentives include educational field trips, recognition and positive reinforcement supplies such as stars, pencils, and other subjective items that promote "teamwork", "good conduct" and "participation" incentives. Fun Fridays will also remain intact. All of these incentives are only utilized for good behavior and participation. They are only given to those youth that continually attend and participate in 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. Again, the Coordinators are instrumental in keeping track of the youth. Whenever they can, they speak tq other family members to stress the importance of keeping the youth involved in the center. Incentives are only given to those youth that continually attend and participate in the program. This has helped tremendously in keeping the youth coming. 9 When the Coordinator sees that a youth has stopped attending, home visits or phone calls are done to other members of the family. We work to see if there is anything that we can assist the families with to ensure continual participation. -Va~unr Recrr~ittti,rrnt, Training, and Reterlt~grt ' :~ 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. NIA 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). N / A 16. If volunteers wil! serve as mentors, state the adult to youth ratio. NIA NDTE: Al! volunteers must be cleared uti~th a DPS Criminal ~&digrvurtd'Ciieck aRd a DFPS Child Abuse Registry check throughYhe ABCS system PRIOR to access fo clients and/orclient recoizis: All.volunt$e~s musf~e given monthly support for their work lviff youth >A~~ _ ility 16. Discuss potential barriers (e.g. transportation, child care, etc.) to providing services to program participants and how you wil# 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. Childcare should not be a concern for this group as the program serves children only ages 6 -17 years of age. Transportation should also not be a barrier since the facility is located in the middle afthe La Armada 1 and II Developments. Participants must be residents of this area in order to participate in this program. 17. Describe the "safe passage" plan for youthlfamilies without transportation. The La Armada Family Resource Center is located in the heart of the entire 800 units, none further than 100 yards or so. Through the public Housing Authority's safety and security plan, enhanced lighting is located within all walkways and paths. Parents are encouraged to walk with their children or to arrange for the children to walk-in groups. Children remain at the Center and under the Supervision of the CFY Coordinator until all are dismissed at the same time. ,Staffi~ -.~)~~ 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). On the CYD contract, oNy the Tutor is charged, all other positions are in-kind although all three positions work directly with the CYD program. Position title (indicate if a volunteer) Services for which this position is res onsible Position supervised by: Position has backup by this osition: Vice President of Res. Initiatives Oversight of GrantlGrant Mana ement CFO Sr. VP of Admin. Services. CFY Coordinator Direct Pro ram Su envision VP of Res. Initiatives VP of Res. Initiatives Tutor Homework Assistance Pro CFY Coordinator CFY Coordinator Describe staff supervision and support. The staff is directly supervised by the VP of Resident Initiatives. It is customary for the direct program staff and the VP to meet on a weekly basis (every Monday) to discuss the program curriculum, program challenges and successes. Other direct program staff is also present to share ideas and ways to t0 motivate the children and outreach to them. The VP also visits the center regulariy to assess the children's work activities and projects. Additionally the direct program staff is responsible far a monthiy report which includes a!I sign in sheets, aEi disciplinary sheets (if anyj and flyers promoting the program. ure of Person campieting the Plan of Operation for the Spbcantractor: Rachel l3 navides ~~°'y' ~~~~ ure Printed Name ~ Date ~.. Signature of Contractor Staff Approving the Ptah of Operation: ~~ f.~~,~~~r: ~~~^~ Celina Pulchet Signature Printed Name _ ~~~/~ Date 11 E_ L w O ~ L .a O ~ C o `° ~a d ~ ~_ ~ C N ~~ Eo N ULL c m 01L {6 ~ (6 ~ Q O ~ ~}:C Q ~ ~ N a m 7 ~ ~ d' ~ C o ~ ~ ~ ~ m` a C ~ Q ~ a_ ~ M y,, ~t Cf ~ ~ a L L ~ ~ M M O ~ ?y } '~ ~ .~ i k D1 i ~ C7 Q' ~ ~. Z ~ W ~ ~ ~ ~ w r 1~ U 7~ d w~ d U ' d ~ t7 a 0 Z ~ M U T ~, ~~ ~Q~ C 3 O ~~r ~ ~ O ~, r- C- - C ~ Ul U1 ~ O ~ O N ~ ~ •~ t U ~ Z nL UQ Q qa m v Rr tY ~ ~. i ~ ~ ~~ ~. ~ .~... ~. .~ ~:T ~~. ~~~ , , ~, . n ~ro 'a A q~ r3C#7 s h.~yy .. ~;G i. j w ~ ~ ~, d ~ G ~~n~ ~. ~ fir.: ~ ~' ~; ~~ . << ~. , ~ ~ a ~ ~ ~ "~~ m ~ t ~ . sA~h +3 ~' ~ ~~ , ~°~~ ~ ly~'_"~'~ ~- . + l rJ ~ N i m 4^ w ~ ~ '' ~ ~ ~ ~~ ~ ~ ~ r ~~ N ~ ^ ~ a~~~ ~ k' 3 ~ y~~~~ . ~ U y RS O -m~ ~,~i ~~ `.: ~ ~~ +, m:'~ b o ~ ~~ a a ~ ~ ~~~ ~ a ,i ~~: ~~~ { tB `' ° ~ ~ di '~' ~,,-,i V! t~~'~ ' ~~:~ ~~b ~~ ~~ :~- 1 ,II `~~4 C k ~~~II~ ~c7i LQL , ~ piJ ~ yl ~ ~ d p i1~ ~~ ~ N > I J d ~ U ~ I ply, fl It i .T ~' .~, W ~ N .7µr' . N - y i _ r - N rN 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 far 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 wilt work on the contract are required to have background checks conducted through the Automated Background Check System (ARCS) 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 Dave access to clients or client records due to their oversight roses; 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 an 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-tokens------ timelinefor each step, person(s) responsible for implementing each step, and person responsible for 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. Direct 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 #o include work with youth. Program Forms and $ocial Security Numbers. 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 forms. Service documentation must be complete, accurate and 13 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 Hates, etc All services provided by subcontractor 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 5fh 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, must be allowable, reasonable, and allocable. Subcontractor must submit supplemental bills quarterly, {December 30, March 30, June 30 or September 3D).to submit costs not included on the main monthly bill. Only 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 30), 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 list form. A new inventory list will need to be submitted to the City during each contract renewal cycle. 14 B1 -Budget Information Forms Corpus Christi Housing Authority Contract Period: Sept. 1, 2010- Aug. 31, 2011 Summary Budget FY2011 COST CATEGORY TOTAL 1. (A) Personnel -Salaries $2,820.00 B Personnel - Frin a Benefits 0.00 C Personnel -Travel 0.00 2. Materials and Su lies 1,490.00 3. E ui ment O.aa 4, Other Costs 5,690.00 TOTAL BUDGET $10 000.00 Cash Match In-kind Match $o.aa $33,312.00 - 16- B1 -Budget Information Forms Corpus Christi Housing Authority Contract Period: Sept. 1, 2010- Aug. 31, 2011 (1a) Personnel -Salaries FY11 A Position or Title B Number of Staff for Position C Average Full Time Monthly Salary D Percent of Time on Budgeted Position E Number of Months Employed F Cost (BxCxDxE) (Total} Tutor 1 352.50 100% 8 2,820.00 TOTAL SALARIES Total 2,820.00 -17- 61 -Budget Information Forms Corpus Christi Housing Authority Contract Period: Sept. 1, 2010- Aug. 31, 2011 (1b) Personnel -Fringe Benefits (Employer's Share) FY11 Fringe Benefits Based on (1 a) Fringe Benefits Based on (1a) Salaries Paid* Salaries Paid None $O.OD TOTAL FRINGE BENEFITS $0.00 -18- B1 -Budget Information Forms Corpus Christi Housing Authority Contract Period: Sept. 1, 2014 -Aug. 31, 2011 {1c) Personnel -Travel FY11 Type of Expense Purpose {Destination and (transportation, food, lodging, Benefits to Program) Total mileaael TOTAL TRAVEL I J $0.00 ~ -19- B1 -Budget Information Forms Corpus Christi Housing Authority Contract Period: Sep#. 1, 2410 -Aug. 31, 2011 (2} Materials and Supplies FY11 Descri Lion and Basis for Cast Total Com uter Based Learnin Software $300.00 Center Su Pies to be used b Children $150.00 Learnin Su lies $15p.00 Board Games $225.00 Of#ice Su lies $515.00 Recreational Su lies outdoor la a ui ment $150.00 TOTAL CONSUMABLE SUPPLIES $1,490.00 -2a- B1 -Budget Information Forms Corpus Christi Housing Authority Contract Period: Sept. 1, 2410 -Aug. 31, 2011 {3J Equipment FY11 Description and Basis for Method Used Total Valuation lease, rent, urchase, etc.) $D.00 TOTAL TRAVEL $0.00 -21- B1 -Budget Information Forms Corpus Christi Housing Authority Contract Period: Sept. 1, 2010 -Aug. 31, 2D11 (4) Other Costs FY11 Descri tion and Basis for Cost Total Field Tri sand Ent Fees 750.D0 S eakerslTrainin 32D.D0 Program Incentives for Students - Honar Roll, Perfect 3DD.00 Attendance, Good Citizenshi Backpack Program 4,32D.DD (TOTAL OTHER COSTS I $5,69D.D0 I -22- SUBCONTRACTOR: Corpus Christi Housing Authority Request No. CONTRACT PERIOD: 09/01/2010 to 0813 1120 1 1 Reporting Month TITLE: Community Youth Development Program. Attachment B-2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST Amount Budgeted Personnei - SaEaries Tutor 2, 820.00 TOTAL 2,820.00 Personnel -Fringe None 0.00 TOTAL o.00 Personnel -Travel Mileage 0.00 TOTAL 0.00 Materials and Supplies Computer Software 300.00 Program Supplies 525.00 Off ce Supplies 515.00 Outdoor Materials 150.00 TOTAL 1,490.00 Rental, Lease or Purchase of Equipment None 0.00 TOTAL 0.00 Other Gosts Field Trips & Entry Fees Speakers/Training Program Incentives Food & Snacks TOTAL 750.00 320.06 300.00 4,320.00 5,690.00 (1} - (2) *City Use {1} YT>7 {2)'YTb Amount only Expended Invoiced Requested* Amnt. Paid TOTAL 10,000.00 * Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substantiate them. Subcontractor's Authorized Signature Date Payment Authorization Signature -23- Attachment B-3 Corpus Christi Housing Authority Budget Narrative - FY11 (1 a) PERSONNEL -SALARIES - $2,820.D0 The cost included in this section is for the service of one qualified tutor. Six (6) hours (2 hours x 3 days) per week at $15 per hour 6 x 15 = $90.00 per week 188 hours x 15 = 2820.00 Total cost far a tutor for the entire term of the grant is $2,820.00 (1 b) PERSONNEL -FRINGE BENEFITS - $0 Not Applicable (1c) PERSONNEL -TRAVEL Not applicable. (2) SUPPLIES - $1,490.00 a. Computer Based Learning Software Kidware and Logic Learning for Kids (available at Best Buy) 10 new software games @ 30.00 each = $300.00 b. Center Activity Supplies -This includes new crayons, pencils, construction paper, rulers, notebooks, scissors, foam boards, crafts, etc. Bulk quantity @ $150.00 c. Learning Supplies -This would include the cost of manipulatives such as learning items such as a clock for learning how to tell time, learning blocks for additionlsubtraction support, flash cards, -maps, etc. Bulk quantity @ $150.00 d. Board Games -These games would be used for recreational outlets such as Candy Land, Monopoly, Scrabble, Connect Four, Battleship. 15 games x $15.00 each = $225.00. e. Office Supplies will be used for the daily operations of the program. Such supplies include copy paper for flyer advertisement, ink for publications, brochures for program advertisementlrecruitment, etc. ' Copy Paper = .$2$.00 per box x 5 boxes = $140.00 Ink = $90.00 per cartridge x 2 cartridges = $180.DD Color Copy Paper = $12.00 per ream x 10 reams = $120.00 Miscellaneous (markerslpenslpaper clips) $75.00 Tota[ Cost: $515.00 -24- Recreational Supplies will be used to encourage active physical activity and outdoor play. Supplies will include: 1 Football: $10.00 1 Basketball: $10.00 1 Kickball: $10.00 Volleyball Set: $100.00 Hula Hoops: $20.00 Use of said equipment wil! foster team building exercises, leadership development and strategizing as a whale unit. Total Cost: $150.00 (3) EQUIPMENT - $0 None {4J OTHER - $5,670 a. Educational Field Trips - As an incentive for the youth, field trips will be scheduled for the development of building trustworthy relationships, accountability and rapport. • Harbor Playhouse (cultural exploration 25 children at $6 each = $150 • USS Lexington 25 children at $10 each = $250 • Texas State Aquarium 25 children at $10 each = $250 • CC Botanical Gardens 25 children at $4 each = $100 Total cost for field trips will average approximately $750.00 b. Presenters 1 Instructors Training Fees, etc. - small budget of $320.00 is requested to cover the cost of speakers and supplies for on-site continuing education classes. In an effort to recruit qualified instructors in various cultural and educational topics, a small stipend would be available to them for their service or to purchase materials necessary to teach the class. The trainings will focus on cultural diversity, self esteem development, parenting education, gang andlor drug awareness use, etc. $53.34 x 6 speakers (1 every a#her month) _ $320.OD c. Program Incentives for Students -Honor Roll, Perfect Attendance, Good Citizenship, Program Participation - As a fixed component of the program, the staff will continue to recognize the children for successes large and small. Thus each time a child is recognized he or she is able to visit the treasure chest box and choose from any item of interest. This treasure chest box is continually refilled with many items including colorful pens 1 pencils 1 markers, card games, small electronics such as virtual pets, journals, writing tablets, and other items considered "fun" by the children. $300.00 for Treasurer Chest Incentives d. Backpack Program -The Back Pack Program is provided in partnership with the Food Bank of Corpus Christi. The Backpack program is designed to provide the -zs- center with take home snacks twice per week to ensure that the children receive a healthy snack during times they are not at home or in school. The purpose of nutritious snack pack is not only focused on presenting hunger but studies have proven that children develop mare academically when this physical need is met. All children participating in the afterschool homework assistance program will be eligible for a backpack. $4.00 per backpack x 1080 meals per school year = $4,320.00. -26- Attachment C STANDARD TERMS AND CONDITIONS (Community Youth Development Program Contracts} Parties. For the purposes of this document, the Texas Department of Family and Protective Services will hereinafter be referred to as the Department. The City of Corpus Christi will hereinafter be referred to as the Fiscal Agent. "Corpus Christi Housing Authority" will hereinafiter be referred to as the Subcontractor The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to pertorm 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 contractor any subcontract. Subcontractor further agrees to cooperate fully with the State Auditor's Office or its successor, including providing all records requested. Subcontractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subcontractor and the requirements to cooperate is included in any subcontract it awards. The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including but not limited to, the following: 45 Code of Federal Regulations ("CFR") Part 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 agen#, 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 State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated ar reduced at the discretion of the Fiscal Agent B. The Fiscal Agent agrees to pay the Subcontractor from available fiunds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties. - 27 - C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This.means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or an a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. 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 5ubcontractor 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 be retained by the Department. H. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day fallowing 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 5ubcontractor understands and agrees that prior wriften approval must be secured: For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expenselcost. Far unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. 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. - 28 - 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. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of Subcontractor's name or identity, ownership or control, governing board membership, personnel, or payee identification number. Subcontractor shall provide notice in writing to Fiscal Agent within ten (10) working days of change. No changes or amendments to this Contract shall be made except in writing and signed by both parties hereto, unless such change is in the form of a written notice of modification or directive issued by the Fiscal Agent as described below. A. The Fiscal Agent may give a notice of modification or directive in the event any alterations, deletions, or additions are required due to changes in Federal or State laws or regulations applicable to CYD programs, which changes shall take effect automatically upon the effective date of such Federal or State laws or regulations. B. 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 terms of this Contract in order to relieve the Fiscal Agent of any obligation to pay for performance rendered or costs incurred by Subcontractor prior to the date of such directive. 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 G. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KEEPINGIREPORTiNG RE UIREMENTS 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 - 29 - supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services ("DHHS"), or their au#harized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five (5) years after the termination of the Contract Period, or for five (5} years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor wiil keep the records and documents for not less than five years and until all litigation, claims, ar 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 DepartmentlFiscal 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 a self 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 performance measures and program goals Fisted in this Contract. SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have thereinto any third party without prior written approval of the Fiscal Agent, which includes full 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 Fiscai 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. - 30 - 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 pertormed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credif 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 1Q. 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 ar other specified personnel at such meetings. SECTION 11. MONITORING AND ASSESSMENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal - 3~. - Agent, the Department or DHHS; and to be responsible far the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers indirect client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence ornon-compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow- upvisits 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. SECTfON 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, IoS$, damage, or theft. Subcontractor must acquire and maintain property insurance far any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty-four {24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it wilE 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. - 32 - C. The property shall be maintained in good condi#ion 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 Sectron 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W-2s to common law employees. The Subcontractor is responsible for bath Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractor's omission or breach of this section. SECTION 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 within 365 days of the action complained of. Non-discrimination complaints tha# da not allege a violation of the CYD Program may be initiated by filing a Grievance Enformation Form within 30 days of the action complained of. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 15. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal year-end in accordance with the Single Audit requirements of OMB Circular A-133 (Audits of State, Local Government, and Nan-Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment" provisions of this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the righ# to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations an disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub- Subcontractars 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. - 33 - SECTION 1fi. PREVENTION OF CONFLICTING WTERESTS 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 situa#ions 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, agen#, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects hislher financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees ofi influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent ar the Department shall be retained when it is in the public interest far 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 ofi 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 for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 18. INDEMNIFICATION The Subcontractorshall indemnify and hold harmless the Fiscal Agent and the Deparfinent, their officers, agents, representatives, and employees, from and against any and all claims or Losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, orSub-subcontractors. In the event of loss, damage, or destruction of any - 34 - property due to the negligence, misconduct, act or omission of the Subconfractor, the Subcontractor shall indemnify and pay full cosf of repair, reconstruction, or replacement, of fhe discretion of the Fiscal Agent and Departmenf. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after fhe date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree fo hold the Subcontractor harmless nor agree to indemnify the Subcontractor 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 Gongress 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, Val. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code ("USC") 1352, as amended. Subcontractor shall comply with the certification and disclosure requirements in Attachment F to this Contract. SECTION 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 1990 (Public Law 101-336) 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 Cade, 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 ar 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; .- 35 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to 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 ar neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and focal 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 agen#, 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 duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Cade of Federal Regulations and Federa] 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 incompliance with the Energy Policy and Conservation Act - 36 - (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 complain#s arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30} percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutifzed or disadvantaged businesses. SECTION 22. REPORTING ABUSE, NEGLECT, OR EXPLOfTATION. 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 AN©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 ar 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,QOO.OD minimum ar up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000) minimum for each occurrence limit and one million dollars ($1,ODO,D00) 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, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons aself-certification of such coverage; and 4. Workers' compensation and adequate on-site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations - 37 - 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 far all non-work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnifcation 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 1=xecutive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shalt 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 - 38 - 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 DeparEment, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscai Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor alf information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non-transferable, irrevocable, paid-up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed #o indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion af, this clause in all subcontracts at any tier for supplies or services expected to exceed $95,000. SECTION 27. DISCLOSURE OF CONFfDENTIAL 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 ar counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Gontract and to persons having responsibilities under this Contract. However, .Subcontractor's information ma,, b~ubject to requiredpublic 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 Gontract. 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 ar depositing the same with the ll.5. 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. SECTION 29. GENERAL STANDARDS OF PERFORMANCE A. Subcontractor agrees that the level of services and activities performed shall be maintained in accordance with the terms and conditions of this Contract. B. The Performance Measures, Attachment A-1 to this Contract, Plan of Operation, Attachment A-2 to this Contract, Budget, Attachment B-1 to this Contract, Budget Narrative, Attachment B-3 to this Gontract and Program Requirements, Attachment C-1 to this Contract, constitute promised - 39 ~- 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 parEies relating to the subjec# matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department. The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUAbIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties bf the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for mus# 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 6y 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 fi0 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 an 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 60 days, or take other actions, including, but not limited to: - 40 - 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 orjudicially 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 o#her 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 ar provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, inequity, 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 performance measures identified in Attachment A-1. These reviews will be considered as Notice of Performance and may be used as a determination of performance. SECTION 36. SllSPENSION OF PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A-1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not - 41 - in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract Subcontractor will be given prompt written notice and the opportunity for a hearing within fourteen (14) calendar days from such suspension. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A-1 .. SECTION 38. SUBCONTRACTOR COMPLIANCE WITH PRIMARY CONTRACT Subcontractor accepts and agrees to abide by all terms and conditions of the primary contract between the City of Corpus Christi and the Texas Department of Family and Protective Services regarding the Community Youth Development Program. - 42 - Texas Dept. of Family Certifications Form 4733 and Protective Services February 2410 The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all 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, Signor must provide wriften notice to DFPS detailing 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 Reaardina Lobbying. State and federal law place restrictions or 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, nc federal appropriated funds have been polo or will be paid, by or on behalf of the Signor to any person for influencing or attempting t influence an officer or employee of a agency, a Member of Congress, an officer o 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 Reaardina Child Supaort. Under Texas Family Code Section 231.006, o the vendor or applicant certifies that the n individual or business entity named in this r contract, bid, or application is not ineligible to Page 1 of 3 Texas Dept. of Family Certifications Farm 4733 and Protective Services February 2010 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-Free 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 wil!- 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) from 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 number{s) of each affected grant; 6. 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. Cade Sec. 15.01, et seq., Signor certifies that neither the Signor nor the firm, corporation, partnership, or institution represented by the Signor, or anyone acting for such a firm, 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. F. Deceptive Trade Practices. Signor certifies that it has not been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an Page 2 of 3 Texas Dept. of Family CertifrcatlOnS Form 4733 and Protective Services February 2010 administrative 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.D04-006, 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 Potentia~i-Contracto ereby certify that the Potential Contractor will comply with the a ce r do r ( ]^,~ti y s~.+~.~{.~- ~ ~G V' ~,V C~ ' ~ ' Panted Name of Authorized Representative Signa ure of rzed Representative ~~~ Title of Authorized Representative Date 2 ~ ~ o Legal Name of Potential Contractor Procurement or Contract Number Page 3 of 3