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HomeMy WebLinkAboutC2012-278 - 8/28/2012 - ApprovedAGREEMENT TO EXTEND THE SUBCONTRACT WITH COMMUNITIES IN SCHOOLS, CORPUS CHRISTI, INC. Whereas, Communities in Schools submitted a proposal in response to City of Corpus Christi Request for Proposals for the Community Youth Development Program, RFP BI- 0134-11, which stated that the term of the contracts resulting are for a period of one - year with an option to extend for up to four additional one -year periods; Whereas, on August 30, 2011, the Corpus Christi City Council authorized a one -year Subcontract with Communities in Schools effective September 1, 2011, in the amount of $65,000, to provide services for youth ages 10 to 17 in the78415 zip code area, a copy of which is attached as Exhibit A ( "Subcontract "); Whereas, the parties desire to extend the Subcontract for one additional year term with the option to extend for one more additional year; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The parties agree to extend the contract period of the subcontract for one additional year, from September 1, 2012 through August 31, 2013. 2. Subcontractor Communities in Schools, Corpus Christi, Inc. agrees to comply with all terms and conditions of the Subcontract. 3. All other terms and conditions of the Subcontract remain in effect. 4. This agreement to extend the subcontract takes effect upon date of last signature. 5. The agreement may be extended for up to one additional one year term upon written agreement of the City Manager and authorized representative of Communities in Schools. Executed in triplicate, each of which is recognized as an original. Attest: City of Corpus Christi Armando Chapa Rona L. Olson City Secretary City Manager S BCON RACTOR: Co ities in Schools, Corpus Christi, Inc. Y loria Taylor 0`2 q U Title: ctor ..�`_.....� ,. A U I M U 4L• Date: 2012 -278 ..,.�.,. -� 8/28/12 SERF Ord. 029614 Communities in Schools INDEXED EXHIBIT A (SUBCONTRACT) CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 201.22 This contract ( "Contract ") is entered into by the City of Corpus Christi CCity" or ° Fiscal Agent") and the following named Subcontractor: CITY SUBCONTRACTOR City of Corpus Christi- PARD - CYD Communities In Schools, Corpus Christi, Inc. 606 N. Carancahua, Ste 105 PO Box 331203 Corpus Christi, TX 78401 Corpus Christi, TX 78463 -1203 Telephone: (361) 826 -4028 Telephone: (361) 361- 696 -4030 FAX: (361) 826 -4038 FAX: (361) 361 -878 -1410 Contact Person: Celina Pulcher Contact Person: Gloria Taylor Subcontractor agrees to provide services in accordance with the provisions of this Contract and under the Community Youth Development Program ( "CYD ") funded by the Texas Department of Family and Protective Services ( "DFPS'). This Contract consists of the following attached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A -1) Plan of Operation (Attachment A -2) Program Requirements (Attachment A-3) Budget, Reimbursement Request Form & Budget Narrative (Attachments B -1, B -2, and B -3) Standard Terms and Conditions (Attachment C) Subcontractor Certification, Form 4733 (Attachment D) Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the information provided to the City is true and correct in all respects to the best of its knowledge, information, and belief. The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources: CONTRACT PERIOD: From: September 1, 2011 Through: August 31, 2012 FUNDING OBLIGATION: Not to exceed $65,000.00 for FY 2012 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary Legal form approved „ L--t— 2 5 2011; By: Lis�ilar OWTt ORUti, Assistant City Attorney -I City of Corpus Christi C - RR� Ron Olso City Manager ;i, Inc. SEWikRr 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Communities In Schools TABLE OF CONTENTS Contract Cover Sheet Page No. Tableof Contents ............................................................. ............................... i Contracted Performance Measures (Attachment A -1) . ............................... 1 Plan of Operation (Attachment A -2) ............................... ............................... 7 Program Requirements (Attachment A- 3) ............... ...... 20 Budget Information Forms (Attachment B -1) ................ ............................... 22 Reimbursement Request Form (Attachment B -2) ......... ............................... 29 Budget Narrative (Attachment B-3) ...........:.................... ............................... 30 Standard Terms and Conditions (Attachment C) .......... .............:................. 33 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record Keeping /Reporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Taxes 14_. Disputes 15. Independent Audit 16. Prevention of Conflicting Interests 17. Fraud and Abuse Prevention 18. Indemnification 19. Sectarian Involvement Prohibited 20. Political Activity /Lobbying . 21. Non - discrimination and Equal Opportunity 22. Reporting Abuse, Neglect, or Exploitation I 23. Health and Safety Standards 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General. Standards of Performance 30. Entire Agreement 31. Contingent on Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37.. Repayment of Funds 38. Subcontractor Compliance with Primary Contract Subcontractor Certification, Form 4733 (Attachment D) ....................... 49 ii Attachment A -.t -- Performance Measures City of Corpus Christi - 78415 CYD Program Attachment A -1 Contractor: Communities In Schools, Corpus Christi, Inc. Program Name; Communities In Schools, Inc Contract Number: 23792$51 -1 Contract Period: September 1 2011 —August 31 2012 Performance Measures: Pursuant to Texas Human Resources Code $40.058 all contracts for client services must include clearly defined goals and outcomes that can be measured to determine whether the objectives of the program are being achieved. The City will use the following Performance Measures to evaluate the success of the Sub- Contractor's performance of services under this contract. Goal of the Contract: To prevent delinquency in Target Youths OUTPUT MEASURES 1 Output Performance Period: Sub- 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 Sub-Contractor's CYD Program each month Monthly Output Target: 25 Purpose: To evaluate the Sub- Contractor's effort at providing services to youths in the CYD Program Data Source: PSIS Database Methodology: Count all unduplicated Target Youth who were served during the output performance period, add that number to the number of unduplicated Target Youth 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. 1 Attachment A -1— Performance Measures Crry of Corpus Christi — 78415 CYD Program Output Performance Period: Sub - 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 Sub - 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 Sub - Contractor's effort at obtaining outcome data Data Source: Pre - Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible 6 -9 year old Target Youth served in the Sub - Contractor's CYD Program during the output performance period from which a completed Pre - Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 6 -9 year old Target Youths served in the Sub - Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. g Output Performance Period: Sub - 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 Sub- 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 Sub - Contractor's effort at obtaining outcome data Data Source: Pre - Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible 10 -17 year old Target Youth served in the Sub - Contractor's CYD Program during the output performance period from which a completed Pre- Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 10 -17 ' year old Target Youths served in the Sub - Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. _ M 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 Sub - Contractor's CYD Program from which a completed Post - Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 100% Purpose: To evaluate the Sub - Contractor's effort at obtaining outcome data Data Source: Pre - Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible 6 -9 year old Target Youth served in the Sub - 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 Sub- Contractor's CYD Program during the output performance AttachmentA -1— Performance Measures City of Corpus Christi -- 78415 CYD Program period. Divide t h e n umerator by the denominator, multiply by 100 and state as a percentage. _ p Output Performance Period: Sub - 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 Sub - Contractor's CYD Program from which a completed Post- Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 100%u Purpose: To evaluate the Sub - Contractor's effort at obtaining outcome data Data Source: Pre - Service Protective Factors Survey Questionnaires and PSIS Database Methodology: The numerator is the number of eligible 10 -17 year old Target Youth served in the Sub - Contractor's CYD Program during the output performance period from which a completed Post - Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 10 -17 year old Target Youths served in the Sub - Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. . - Output Performance Period: Sub - 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 Sub - Contractor's CYD Program from which a completed Prevention and Early Intervention Youth Satisfaction Survey Questionnaire is obtained by the Sub - Contractor Output Target: 50% Purpose: To evaluate the Sub - Contractor's effort at obtaining outcome data Data Source: Prevention and Early Intervention Youth Satisfaction Survey Questionnaires and PETS Database Methodology: The numerator is the number of eligible 10 -17 year old Target Youth 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 Performance Period: Sub- Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: The change is 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 3 Attachment A -l—Performance Measures City of Corpus Christi — 78415 CYD Program the 6 -9 year old Target Youths receiving services d uring Fiscal Year 2011 Purpose: To evaluate the Sub - Contractor's success at increasing protective factors in the 6 -9 year old Target Youths who are served by the Sub - Contractor's CYD Program Data Source: Pre - Service and Post - Service Protective Factors Survey Questionnaires and HIS Database Methodology: The methodology for this outcome will be developed by DFPS when the survey tool has been validated. q I RZ • 3�, 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 Sub - Contractor's success at providing services that are perceived as satisfactory by the 10-17 year old Target Youths receiving the services Data Source: Prevention and Early Intervention Youth Satisfaction Surveys and PEIS Database Methodology: The numerator is the number of completed Questionnaires for the outcome performance period 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 Sub - Contractor must meet or exceed the target for Output #7 in order to achieve the target for this outcome -) Outcome Performance Period: Sub - Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: The change is 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 10-17 year old Target Youths receiving services during Fiscal Year 2011 Purpose: To evaluate the Sub - Contractor's success at increasing protective factors in the 10 -17 year old Target Youths who are served by the Sub- Contractor's CYD Program Data Source: Pre - Service and Post - Service Protective Factors Survey Questionnaires and PEIS Database Mlethodo[ogy: The methodology for this outcome will be developed by DFPS when the survey tool has been validated. q I RZ • 3�, 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 Sub - Contractor's success at providing services that are perceived as satisfactory by the 10-17 year old Target Youths receiving the services Data Source: Prevention and Early Intervention Youth Satisfaction Surveys and PEIS Database Methodology: The numerator is the number of completed Questionnaires for the outcome performance period 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 Sub - Contractor must meet or exceed the target for Output #7 in order to achieve the target for this outcome -) Attachment A -1— Performance Measures City of Corpus Christi — 78415 CYD Program Program Outcome Target: 95% Purpose: To evaluate the Sub- Contractor's success at providing services that deter delinquent behavior in 10 -16 year old Target Youths receiving services from the CYD Program 'Data Source: Texas Juvenile.Probation Commission and PEES Database Methodology: The numerator is the total number of unduplicated 10 -16 year old Target Youths served in the Sub - 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 Sub - 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 Sub - Contractor's CYD Program during the outcome performance period, Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. DEFINITIONS Aggregate — The sum of the numbers of protective factors identified by all 6 -17 year old Target Youths who completed a Protective Factors Survey Questionnaire (for Age 6 -9 or Age 10-17, as appropriate) during the outcome performance period. Average Score (for 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 number from the 7 -point Likert scale for each of the first eight items on the Questionnaire. Contract Period —The total length of this time frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Eligible (to respond to the. Post - Service Protective Factors Survey Questionnaire) — A 6 -17 year old Target Youth that has completed a Pre - 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 1" of the current fiscal year if the youth was registered in a previous fiscal year. Eligible (to respond to the Pre - Service Protective Factors Survey Questionnaire) —A 6 -17 year old Target Youth that is newly registered into the CYD Program during the current contract period. The youth's age is calculated as of the date of registration in the contract period assessed_ Eligible (To respond to the Youth Satisfaction Survey Questionnaire) — A 10-17 year old Target Youth that has_ • Completed the prescribed CYD Program; or • Participated in the CYD Program for 12 months; or • Exited the CYD Program. Exited — A Target Youth stopped accepting services during the output performance period without completing the program. Ukert scale —A linear set of responses often used in questionnaires. 5 Attachment A -1— Performance Measures City of Corpus Christ! — 78415 CYD Program Post - Service Protective Factors Survey Questionnaire — A tool identical to the Pre - Service Protective Factors Survey Questionnaire administered to the 6 -17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Pre - Service Protective Factors Survey Questionnaire — A tool administered to the 6 -17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors. Protective Factors — Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors Satisfied — A response of five or higher on the 7 -point Likert scale Target Youths — Youths through 17 years of age who live in and /or attend school in one of the designated 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 3D% 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. Attachment A -2 —Plan of Operation Communities In Schools 78415 CYD Program Subcontractor Name: Communities In Total Requested CYD Funding Amount: $66,000 Schools, Corpus Christi, Inc. Program Name: Communities In Schools Name: Title: E -mail: Phone Number: Gloria Taylor Executive Director cisgc@daviin.net 361 -686 -4057 Address: PO Box 331203, Corpus Christi, TX 78463 (physical: 650 Osage, Corpus Christi, TX 78405 Inclusive Dates of Service: Funding Priority(ies): #1 Academic From: 9/1/2011 To: 6/15/2012 Support, #2 Life Skills, and #3 Recreational Services All addresses (locations) where services will be provided, (please use full address): 1. South Park Middle School: 3001 McArdle, Corpus Christi, TX 78415 2. Gloria Hicks Elementary: 3602 McArdle, Corpus Christi, TX 78415 Output #1: Output #3: Average number of 25 Average number of 0 unduplicated youth served unduplicated adults monthly*: served monthly*: Output #2: Output #4: Number of unduplicated youth 300 Number of 0 served during the fiscal year" *: unduplicated adults served during the fiscal ear* *: Calculate the cost of the overall program per youth (Cost per = $Contract amount 1 # youth served annually.): $216.14 Please fill in the following chart to explain how you reach your target outputs during the fiscal year. If clients will be served only in individual or group services, add the Annual Outputs for both .services and enter the suns 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. Attachment A -2 — Plan of Operation Communities In Schools, 78415 CYD Program Individuals: Recreational 25 2 50 2 45 90 Services Life Skills 13 2 26 4(12 wks) 23 92 Academic 14 2 28 3 25 75 1. Is this CYD Program a stand -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 - Communities In Schools) 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 ® Academic Support Services i 3. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents I ® Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ❑ Involvement with school /community Z Friendship network ® Positive perception of self and others ❑ Places high values on helping others j ® Sense of purpose 8 Attachment A-2 — Plan of Operation Communities In Schools, 78415 CYD Program CYD Program Description 4. Describe the services to be provided. Be sure to include every service indicated in the check box above. CIS is proposing to sere two (2) sites: South Park Middle and Gloria Hicks Elementary. Communities In School's CYD program includes students, who have been referred because of a specific need such as behavior, academics and/or attendance and other students who will be registered under activities who will take part in all activities. All enrolled students attending a school in 78415 will have access to these services with CIS placing emphasis on youth 10 -17 years of age. The school sites will provide a safe environment where youth can learn and grow and sere as a resource center for other programs and agencies_ Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families_ Some of the activities the casemanagers provide include support groups, individual guidance, family activities, homework help/tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HIVIAIDS, and educational field trips. Casemanagers working full -time will invest time for preparation, coordination, and implementation of direct services. After school activities will be coordinated and implemented directly by the Casemanager. Casemanagers work with the families to provide a full- structure of assistance to the youth. Families are invited to various activities at the schools. This gives the families an opportunity to participate with their youth, to include speakers, presentations and one -on -one counseling. Academic Support Services will be provided once a week every other week for 1 hour for 4 months. Life skills which will include presentations and individual guidance will be provided for 1 hour once a week every other week for four months. Recreational services will also be provided for 4 months 1 hour once a week every other week. CIS /CYD staff will develop a monthly activity plan which will provide a tentative schedule of all activities. This monthly activity plan will be turned into the Project Coordinator for the prior month and a tentative activity plan for the current month. CIS /CYD programs will provide structured activities at two (2) school sites where eligible youth, parents and siblings are welcomed to participate. Coordinated activities are geared towards knowledge, personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. Activities will be implemented before and during school at the elementary school and middle school site. Identified elementary school sites will also include recreational activities immediately after school. Participation is voluntary with a CYD registration form signed by the parentiguardian. 5. Identify the days and times that services will be provided. Be sure to include every service indicated in the check box above Service Location Day Time Recreational, Academic Gloria Hicks Monday- Friday 8:00 -4:00 Support, and Life Skills Elernenta Recreation, Academic South Park Middle Monday- Friday 8:04 -4:30 Support, and Life Skills School 6. 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 hired and has been working the Communities In Schools program for a number of years. The two staff members are already associated with the two schools as well, so there is no startup necessary. The program works within the schools and curriculums are already created so services can begin as soon as all is approved. The youth are recruited through the school counselors and teachers and CIS has been working within this system for Attachment A -2— Plan of Operation Communities In 5chools, 78415 CYD Program a number of years. 8. Describe specific strategies of the proposed program that will reduce or prevent impact of juvenile crime. CIS /CYD wishes to continue to be part of the force that has been successful in achieving or making a positive difference in the 78415 zip code area. As such, CIS takes great pride in proportionally sharing the success achieved by positive behavioral and social changes as a result of the efforts of the programs implemented to empower the youth of 78415. CIS /CYD in FY 2012 will continue to provide the alternative to gang involvement, criminal activity, and other social issue facing our youth. It will provide positive programs that will affect self- esteem, attitude, performance, and life skills in order to reduce and/or eliminate some of the barriers facing the youth of 78415. Our continual success derives from the following specific strategies: j CIS Six - Component Model: Implementing the CIS model gives structure and direction to our program. Our casemanagers use proven methods to insure that students receive services and benefits from this successful program. Activities: Providing a safe and neutral environment for students to express themselves through enrichment and social interaction is an invaluable service provided by CIS. Sports, arts, workshops, and community projects inspire children to stay in school, build self-esteem, prepare for life, and above all help them stay off the streets. Collaboration: The commitment and professional support of CIS staff and their ability to tap into all available community resources maximizes delivery of services. CISICYD works closely with other agencies in bringing needed services and information to our students and their families. These resources have proven to be necessary in meeting the specialized needs of our students, and they will continue to be essential in the future. 10 7. Identify the frequency, intensity and duration of services for a client AttachmentA -2 —Plan of Operation Communities In Schools, 78415 CYD Program Referrals: A successful referral procedure is currently in place to assist CIS by allowing school staff, parents, and other concerned community members to refer students in at -risk situations to our program. Flexibility: CIS allows enough flexibility within the program to personalize care so that all students may have their specific needs met. Accountability: CIS has a computerized data system, which tracks the attendance, behavior, and academic records of the youth. Given the correlation, CIS is able to assess attendance, behavior, and academics as a baseline of maintaining, adapting, or improving student performance at the school sites where CIS /CYD will provide the case management system. Tracking and collecting data has assisted CIS in maintaining a high level of quality services. CIS /CYD is able to determine our level of success in providing needed services to our students and families. CIS /CYD has demonstrated in the fourteen (14) years through the collection of data that when a youth is participating in a CISICYD program it is clearly a positive force. When a youth's school attendance, behavior, or academics improve, it induces positive social and behavioral change which reduces the propensity for that youth to engage in juvenile crime, and/or empowers the youth to become a productive citizen. The continuum of care and consistency has made the difference in the lives of the 78415 children. This participation has empowered the community to become a part of the solution. 9. Identify the program target in terms of the specific number of unduplicated (the first time a youth is seen) CYD participants to be served over the proposed contract period. Describe any variances in the average number of youth served that may occur per month (i.e. December is typically slower because the program is closed for half the month, etc). The 2011 -2012 CIS /CYD Program anticipates reaching approximately 360- 300 students. 10. Describe how you will work to keep the duplication rate down to below 20% of the entire target. (Duplication rate is calculated by the number of youth that participate between programs). CIS will make a good faith effort to enroll students that are not currently enrolled in any other CYD funded program. CIS will obtain a list of CYD funded programs for this fiscal year. Prior to registering a student they will be asked if they are currently enrolled in any of the other CYD funded programs. 11. If you have been previously funded by this program, what were your target goals and did you meet or exceed your target goals? PY 2009 80% of all youth will have a minimum of three contacts per month during the program year. Actual Outcome: 96% Output #1: Number of youth served Target: 330 Result: 349 youth served for the year Met Output #2: Timely submission of 8illingslMonthly Reports Target: 90% Result: 100% timely submission Met Out ut #3; Youth served under the age of 10 years Target: 20% 11 Attachment A -2 — Plan of operation Communities In Schools, 78415 CYD Program Resu it:9.74% Output #4: Corn I� Pre-Test: Past- Test:57% Outuut #5: CO Asset Satisfaction Questions Met Target: 80% 88 Not Met Not Met Target: 50 % 11176% Met Output #6: CYD Participants Perceived Services as Effective Tar et: 80% Result: 91.39% Met 75% of case managed students will show improvement in attendance, behavior PY 2008 and/or academics. Actual Outcome: 96.64% 80% of mentored youth will show improvement in Academics, Behavior, and /or Attendance. Actual Outcome MET: 100.00% 80% of all youth will have a minimum of one contact per month during the program ear. Actual Outcome: 97.85% Outcome #1: Number of youth served Target: 900 Result: 829 outh served for the year Not Met Outcome 42: Timely submission of Billings/Monthly Reports Target 90% Result 100% timely submission Met Outcome #3: Youth served under the age of 10 years Tar et: 20% Result: 14.72% Met Outcome #4: Completed Asset Survey Target. 80% Result: 63.4% Not Met Outcome #5: Completed Satisfaction Questions Target 50% Result: B8.45% Met Outcome #6: CYD Participants Perceived Services as Effective Tar et 80% Result: 83.25% Met PY 2007 950 students will be registered. Actual Outcome NOT MET: 743 75 %.of case managed students will show improvement in attendance, behavior ­f__ _.. .. .a......:.... A,4­1 OF 7A01- PY 2006 80% of mentored youth will show improvement in Academics, Behavior, and /or Attendance. Actual Outcome MET: 100.00% 80% of all youth will have a minimum of one contact per month during the program ear. Actual Outcome MET. 83.86% 1,125 students will be registered- Actual Outcome MET: 1,397 75% of case managed students will show improvement in attendance, behavior and/or academics. Actual Outcome 97.67% 80% of all youth will have a minimum of two contacts per month during the program ear. Actual Outcome MET: 88.48% 12 t Attachment A -2— Plan of Operation Communities In Schools, 78415 CYD Program j 50% of activity students will show improvement in behavior at the end of their participation in the program. Actual Outcome: 86.00% PY 2005 1,070 students will be registered. Actual Outcome MI=T: 1,105 75% of case managed students will show improvement in attendance, behavior and/or academics. Actual Outcome: 98.28% 80% of all youth will have a minimum of two contacts per month during the program ear. Actual Outcome: 98.55% 50% of activity students will show improvement in behavior at the end of their artici aticn in the pnram. Actual Outcome MET: 82.69% PY 2004 1,209 students will be registered- Actual Outcome MET: 1,350 85% of case managed students will show improvement in attendance, behavior and/or academics. Actual Outcome 98.51 % 80% of all youth will have a minimum of two contacts per month during the program ear. Actual Outcome MET: 99.33% 50% of activity students will show improvement in behavior at the end of their p articipation in the program. Actual Outcome MET: 94.00% PY 2003 1,700 students will be registered. Actual Outcome MET: 1,949 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome 98.91 % 80% of all youth will have a minimum of two-contacts per month during the program ear. Actual Outcome MET: 99.00% 50% of activity students will show improvement in behavior at the end of their p articipation in the program. Actual Outcome MET: 76.80% PY 2002 Students registered. Actual Outcome: 1,701 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 98.23% PY 2001 1,350 students were registered. Actual Outcome MET: 1,438 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 95.54% PY 2000 1,183 students were registered. Actual Outcome MET: 1,438 85% of case managed students will show improvement in attendance, behavior and/or academics. Actual Outcome: 98.92% PY 1999 Students registered. Actual Outcome: 1 85% of case managed students will show improvement in attendance, behavior and /or academics. Actual Outcome: 89.62% PY 1998 Students registered. Actual Outcome: 909 PY 4997 Students registered. Actual Outcome: 1,562 13 Attachment A-2 — Plan of Operation Communities In Schools, 78415 CYD Program 2. Identify the target population to be served: 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 program in the Elementary school is designed to assist younger youth as well as the over 10. We offer them case management, after - school activities, etc. Is any part of the program specifically designed to serve only males or females? Yes El 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: 13, 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). Communities in Schools model is the program that will be implemented. A five (5) year longitudinal evaluation (CIS National Evaluation), conducted by Caliber, and ICF International Company, is designed to provide conclusive evidence regarding the effectiveness of the CIS model in affecting student achievement and related school outcomes. The CIS National Evaluation concluded that: Compared with other dropout prevention programs with scientifically based evidence of effectiveness, the CIS Model is one of a very few in the United States proven to keep students in school. Among those with scientifically based evidence, CIS is the only dropout prevention model in the nation with research to prove it increases graduation rates. CIS mission is to keep students in school; therefore, not roaming the streets where many temptations of juvenile crime are prevalent. 14. Identify the CYD Program's goals and objectives. All goals and objectives should address the impact on juvenile delinquency. Goals are broad statements of what your program is intended to achieve. Objectives are specific, measurable, achievable, relevant and time -- focused statements. CIS includes two types of registered participants: case managed and activities. Case managed students will demonstrate the effectiveness of their participation in the program through a Student Measurement Gauge and school documentation, such as report cards, which will measure improvement in attendance, behavior and/or academics. 75% of case managed students will show improvement in one or more of these areas. Activity students will be measured for improvement in behavior by the use of a post evaluation tool to be completed by a teacher or parent/guardian. 50% of activity students will show improvement in behavior at the end of their participation in the program. 80% of all youth will have a minimum of three contacts per month during the program year. Sign -in sheets and service logs are maintained to keep accurate track of participation. CIS will comply with Texas Department of Family and Protective Services requirements of administering pre and post surveys to all youth as instructed. CIS /CYD goal is to achieve positive behavioral and social changes as a result of the efforts of the diverse programs implemented; therefore, the youth of 78415 will be empowered to seek the alternative to gang involvement, criminal activity, and other social peer issues 14 Attachment A -2— Plan of operation Communitles In Schools, 78415 CYD Program facing youth 10 -17. 166. 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. Communities In Schools will continue to monitor and evaluate the program through review with staff. CIS /CYD will continue to work closely with agencies to assist in the coordination, monitoring, and evaluation of day -to -day operations. Documentation, files, and reports are maintained to record the progress of implementing the program. This information is either maintained by CIS and/or submitted to the fiscal agent. A monitoring process is also in place. CIS will continue to document services in compliance with the contract for the Activities components along with the CIS Model implementation. Client record maintenance will include data collection instruments such as parent consent forms, registrations, assessments, service logs, and sign -in sheets for proper verification of services. This data will continue to be collected and maintained in a secure and safe area not accessible to the public to ensure confidentiality. CIS /CYD reports are generated to provide statistical information. A comprehensive report will be compiled after the end of the contract year by assessing statistical data, school attendance and school performance. CIS /CYD staff, partners, and subcontractors will identify potential or existing deficiencies and provide immediate corrective action. CIS /CYD staff will also review CYD Satisfaction Surveys periodically through the year to ensure likability of the program. This information will be utilized to make changes or improve the program as necessary. 16. 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. CISICYD staff will continue to work closely with school administration, counselors, teachers, and parents in identifying and recruiting those youth who will benefit from the CISICYD program. CISICYD staff will continue to make the community aware of services.provided through the use of classroom and public presentations, participation in community outreach programs, and information posted on the agency website. These actions will continue to ensure that eligible youth and families are aware of the CISICYD program and how they can benefit through participation in the program. The partnership between CISICYD and the school in sharing of information will be a pivotal point. It will continue to be an integration of hands -on programs, life- skills, and classroom education. Youth participants will be identified through a referral system, where any community member or school staff can recommend participation in the program" Students may also refer themselves. These participants will be voluntary with a CYD registration form. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. Communities In Schools brings extensive experience in networking, collaborating, and forming partnerships with numerous community resources, which generate additional services. Some of the community resources include; Nueces County Juvenile Justice Center, Corpus Christi ISD, Texas A &M University - Corpus Christi, Texas Agricultural Extension Service, and many other local agencies. 1s Attachment A-2—Plan of Operation Communities In Schools, 78415 CYD Program The CISICYD program has promoted community awareness, support, and integration of services that has enabled the continuous success in meeting grant goals and objectives for the past fourteen years. CISICYD has coordinated, partnered, and demonstrated effectively that other organizations can come under the umbrella of CISICYD to provide services to 78415 youth. We work closely with the two schools that we serve to assist with community events such as South Paris Knight Feast, Fall and Spring Festivals, Health and Career Fairs, open house, PTA and Texas Public Schools week. CISICYD also attends city wide events such as CCISD Health Fair and the Grandparents Raising Grandchildren Conference. 17. 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. Communities In Schools is proposing to service two (2) sites: South Park Middle School and Gloria Hicks Elementary. Communities In Schools CYD program includes students, who have been referred because of a specific need such as behavior, academics and/or attendance and other students who will be registered under activities. Services will be offered directly at school sites, The school sites will provide a safe environment where youth can learn and play and serve as an informational resource centers for other programs and services. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities casemanagers provide include support groups, individual guidance, family activities, homework help /tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HIVIAIDS, STD's, educational field trips, leadership activities and pre- employment training. Casemanagers working full -time will invest time for preparation, coordination, and implementation of direct services. This also insures that all the sub - components such as parental involvement and community service are covered. After school activities will be coordinated and implemented directly by Casemanagers. 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). NIA 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. Communities In Schools Administration team will conduct periodic evaluations and a mid -year evaluation to assess its progress toward achieving its stated goals and objectives and achieving the desired results based on the established performance indicators of providing high quality opportunities for academic achievement. The results of these evaluations will be used to refine, improve, and strengthen the program or activity, and to refine the performance measures. CIS will revise programs if retention of program participants becomes an issue. Casemanagers will work closely with the youth and keep attendance records. When the youth discontinue coming, efforts will be made to contact them at home or in the classroom. Communication will be the key to connecting with the youth and offering them programs that appeal to them_ It is with this one -on -one communication that we feel will limit retention issues. 18. Will this program use volunteers? ❑ Yes ® No 16 Attachment A -2 — Plan of Operation Communities In Schools, 78415 CYD Program 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 19. 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). NIA 20. If volunteers will serve as mentors, state the adult to youth ratio. NIA 21. Discuss potential barriers (e.g. transportation, child care, etc.) to providing services to program participants and how you will overcome those barriers. If transportation will not to be offered, identify the processes that are used to ensure that these factors are not obstacles to accessing services. Since CIS /CYD is site based, students are already at the schools we serve; therefore, transportation is not a factor. CIS has a long- standing relationship and partnership with CCISD Transportation Department and Regional Transportation Authority. An agreement has been established to coordinate transportation for field trips during the school year and summer programs. CIS has obtained insurance to cover the students participating in our program. During after school programs, students walk home, with parent permission, or the recreational leaders watch over students until parents pick them up. 22. Describe the "safe passage" plan for youthtfamilies without transportation. Transportation will be provided by the Corpus Christi Independent School District for students participating in program activities offered by the CIS/CYD program to ensure that students travel safely to and from home each day. If students are able to walk home, the parent or legal guardian must give CIS written consent indicated on the CIS/CYD parent consent application that will be kept on file. In the fall of 2011, right before the program commences, CIS will host a fall meeting in both schools where all parents, students, and the community will be invited to attend. One of the goals of the Fall Family Meeting will be to educate neighbors on how to watch for youth in their neighborhood and play an active role in keeping them safe. This will provide additional safety to students who walk home from school or who are participating in after school activities. 23. 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). In case of staff vacancy /absence, the Project Coordinator will fulfill the duties of the staff. In the event of a vacancy with the Project Coordinator, other Coordinators from various schools will be pulled to fulfill the duties until the position is filled, 17 Attachment A -2 — Plan of Operation Communities In Schools, 78415 CYD Program 24. Describe staff supervision and support. CIS has Personnel Policies, Standard Operating Procedures, Directives, and Memorandums in place to maintain the internal integrity of the agency. These policies are reviewed yearly by Management and Board Committees to make sure current state and federal guidelines are being followed. Attracting and maintaining educated and trained personnel is essential for CIS and this grant if children and families are to continue to succeed. It is imperative for our organization to be in compliance with changes in laws regarding hiring practices. Staff will be trained by the Project Coordinator in all aspects of the program and in the necessary documentation. Continual support and working as a team builds a strong staff commitment to the CISICYD mission and ensures success. The Project Coordinator will conduct job shadowing to assist new personnel in fully understanding the program. 25. Describe the use of sub -subcontractors, if any are used. Communities In Schools will not subcontract for services this fiscal year. 26. Describe the ratio of staff to youth served. CIS will maintain a ratio of 25 youth to 1 staff member during activities at the school. CIS will plan ahead and utilize approved volunteers, parents, and recreational leaders should the need arise for more supervision. 27. Describe the required position qualifications, including level of experience and education for all positions that work with the CYD program. The Project Coordinator will oversee the CIS/CYD program and work closely with Casemanagers in providing services. The Project Coordinator will monitor all aspects of the program and be responsible for the completion the CYD monthly status reports. The Project Coordinator has five years of experience with the CIS/CYD program and has demonstrated a clear knowledge of the program. This position will not be funded through CYD grant but will be an in -kind contribution. The Casemanager will be responsible for their campus only. They will prepare, coordinate, and implement direct services on their perspective campuses. Casemanagers have various year of experience with the program and have been trained in working with the youth they service and in the mission of the CYD grant. The minimum qualification for all casemanager positions is a Bachelors degree in a social service field and/or 5 years experience working as a casemanager. Y•Fiei` }� " rs 1 ��� tr i�a r Y�p e • iy' �E ial� y of } 7 - €t I� - ] r h . Y" h,:r,� i� x �.��.-- �,..��A��4�[ ���£��. a..,.�'.�. �3.: �, �X,,,... ��., �: �_..= z, �1 .�f.!.- ::�r...l- ,4 .,��....�.� *. ,,�..,� ._a,,.�,�.W�'.,ysi� =,,. •ti .' „'�.,, 28. Give a brief history of the organization in terms of the length of time it has been a youth service provider, and explain any gaps in service. If there is no history of the organization, then describe the guiding principles /philosophy of the organization. Communities In Schools, Corpus Christi, Inc. (CIS) believes that keeping youth in school is not simply the role of teachers or the school, 18 Attachment A -2 — Plan of Operation Communities I n Schools, 78415 CYD Program it is a community responsibility. CIS originated as a 501 (c) (3) non - profit corporation in Corpus Christi, Texas in 1986. CIS was established by a group of businesses, educators, and community leaders who were concerned about youth issues. The CIS six - component model has continued to be implemented at the national, state and local level with proven effectiveness, CIS has operated in our community since October 1986, 24 years, and has been funded through Community Youth Development grant for 14 years. CIS has served more than 149,454 individuals. From our humble start of three (3) school sites, CIS has grown to twenty -five (25) sites within eight (8) school districts in four (6) counties. The local CIS program has a successful history, experience and achievements of implementing and delivering its mission of helping young people stay in school, successfully learn and prepare for life by coordinating the connection of needed community resources in the school setting. The mission effortlessly facilitates the Community Youth Development's (CYD) mission. 29. Describe the capability of working with at -risk youth related to the organizations past experience or guiding principleslphilasophy. CIS is a site -based program that has been continuously working with the 78415 population before, during, and after school. The CIS model's six components (counseling /supportive guidance, pre - employment/employment training, enrichment activities, parental involvement, health & human services and academic enhancement) are the vehicle that is used to ensure success with the children and their families. Our Casemanagers recognize the obstacles in the social service delivery system, and disconnected services scattered throughout the community, that our families encounter. In our program, Casemanagers act as an advocate to bring social services, tutorsimentors, volunteers, and leadership activities into the school sites. 30. Describe your past history (if any) with the CYD program. Have you previously been funded, if so, provide total number of years and dollars in funding you have received? Communities In Schools has had CYD for the past fourteen (14) years and have received $3,760,390.00 of Person comg #'Ing the Flan of Operation for the Subcontractor: Gloria Taylor 1 A Printed Name ----------- _-- -- - - -- Dat Z�� T"____---- - - - - -- 19 Attachment A -3 -- Program Requirements Communities In Schools, 78415 CYD Program Attachment A -3 Program Requirements - FY2012 78415 Community Youth Development Plan changes. Plan changes to budgets and plan of operation are each limited to three during the fiscal year with the final plan change to be submitted no later than June 1, Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the CYD Program Manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCS) who have contact with client or client information or if salary is reimbursed through the contract. It is assumed that staff including, but not limited to, Executive Directors and Chief Financial Officers will have access to clients or client records due to their oversight roles; therefore, require a cleared background check. Quarterly Reports and Corrective Action Plans. Each quarter the Subcontractor is required to submit a Quarterly Report no later than 30 days after the end of the first, second and third quarters. The Quarterly Report must include information on the program, how the subcontractor is performing and any corrective action plans that are required. At the end of the year the subcontractor is required to submit a Fourth Quarter /Annual Report that provides ongoin� information regarding achievements and challenges in implementing the CYD program during the 4 quarter and the full contract year. A corrective action plan must include a statement of the problem, proposed steps to be taken, timeline for each step, person(s) responsible for implementing each step, and person responsible 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 to include work with youth. Program Forms and Social 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_ 20 Attachment A-3 — Program Requirements Communities In Schools 78415 CYD Program 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 maintained in an organized fashion. Subcontractor must maintain records in a manner which protects the confidentiality of the clients being served. Service documentation must include, but is not limited to: Sign -in sheets, particularly for group activities Monthly Service Tracking Forms Satisfaction Surveys Documentation may also include, if applicable: Service plans Referral logs Case notes, including phone logs, home visit notes, office visit notes, etc All services provided by 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, individual /group progress notes, materials/hand-outs used and additional documentation as appropriate to the program. Client riles 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 a 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 30) to submit costs not included on the main monthly bill. Only 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, 21 Attachment B -1 — Budget Forms Budget for CYD Service Contracts Form 2030 Communities In Schools, 78415 CYD Program April 2010 Attachment B- 1- Budget Forms 22 iii . i1 l Su6Contractor Communities In Schools Contract Period 0911/11 - 06115112 G6 U ' it u - T ! ar (1A) Personnel - Salaries $57,011.00 (1B ) Personnel - Fringe Benefits $7,989.00 WI N v�V QQ (2) Travel $0.00 (3) Materials, Supplies and CA $0.00 (4) Equipment (RentlLease/Purch $0.00 Sub it i . etik OQ Yl . $Q O. (5) Other Costs (list below) $0.00 I' Grand Total $65,000.00 Total estimated number of participants to be served: 300 Total Cost per Youth $216.67 Gerl fILd by Gloria Tx*, Si ed. ve Director Date. �1 22 Attachment B-1 — Budget Forms . Budget for CYD Service Contracts Form 2030 Communities In Schools, 78415 CYD Program Apri 201 Attachment B-1 3M ftla I T. - - ----- Contractor Contract Period Communities In Schools 091L r TWO �I � 'M. ' �f t Z 'KA 1 1 1 '` lygr. Ma � I /Ifi�n� I; o r wi xc L � �s j ' 4 Casernanager #1 1 $2,433.42 100.00% 12 $29,201.00 Casernanager 42 1 $2,317,50 100.00%1 12 $27,810.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.001 $0.00 Total Salaries $57,011.00 For monitoring purposes, timesheets and payroll data must be kept on file. Costs not allowable if already being paid by other sources. 23 Attachment B-1 — Budget Forms Budget for CYD Service Contract Form 2030 Communities In Schools, 78415 CYD Program April 2010 Attachment R-1 24 Contractor Communities In Schools Contract Period 0911111-06115112 rmige Y 1 '55K A - FICA $4,360.00 Worker's Compensation $239,00 Insurance $2,760.00 TUCA $630.00 Retirement $0.00 Total Ninge Benefits $7,989.00 For monitoring purposes, payroU data must be kept on file. I Costs not allowable if ahead y being paid by other sources. 24 Attachment B -1 —Budget Forms Budget.for C�YD Service Contracts Form 2030 Communities In Schools, 78415 CYO Program Attach April Attachment B-1 Z5 Con&actor Commu7o]ties In Schools Conirac 09/1/11 - 0695112 o f g el Eg&i6k7' a - Travel Local ?: A "� $0.00 Total Travel $0.00 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if alrea4 being paid by other sources. Z5 Attachment B-1 — Budget Forms Budget for CYD Service Contract Form 2030 Communities In Schools, 78415 CYD Program April 2010 Attachment B-1 26 Contractor Contract Period Communities In Schools 0911111 IMMI-11. S' 'H '#n d „Ass , �, 3 Sri `tian,ad basis: p..e 2MM Materials & Supplies L AMC $0.00 Program Supplies. $0.00 Digital Camera $0.00 Sumner Program Supplies $0.00 Total Materials and Supplies $0.00 For monitoring purposes, receipts and other detailed records must be kept on file. Costs not allowable if alreadybeiggp aid by other sources. I I 26 Attachment 3 -1 — Budget Forms Budget for CYD Service Contracts Forth 2030 Communities In Schools, 78415 CYQ Program April 2010 Attachment B-1 " t �( ) Ega ae>n Ila''I fir..: Contractor Communities In Schools Contract Period 0 91111 1- 0 611 511 2 : e5GT1 LQct�St5 Of CtYS i Co ier Leases bG` ''gfl ,.' $0.00 `:I: Lease Total Equipment $0.00 For monitoring purposes, receipts and other detailed records must be kept on file, All equipmmt must be tagged and numbered. Costs not allowable if already being id by other sources, 27 m 2030 Attachment 13-1 — Budget Forms Budget for CYD Service Contracts For April 201 Communities In Schools, 78415 CYO Program Attachment B-1 77 Contractor Communities In Schools Contract Period 0911111-06115112 0 % T otal Registrat:1on S0.00 Insurance - Students $0.00 Transportation $0.00 Snack/Food Provisions $0.00 FJS - General $0.00 Total Other l $0,00 I For monitoring purposes, receipLs and other detailed records rn ust be kept on file_ �d by Costs not allowable if already being Pw other sources 28 SUBCONTRACTOR: Communities In Schools Request No. „o CONTRACT PERIOD: 910112011 to 8/31/2012 Reporting Month R, N. TITLE: Community Youth Development Program ATTACHMENT B -2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST (l)-(2) *city use Amount % (1) YTD % (2) YTD Amount Only Budgeted of Budget Expended _._ Expended Invoiced Requested* Amnt. Paid Personnel - Salaries CaseManager 4h $ 29,201.00 45% $ - 0% $ $ - CaseMana er #2 27,810.00 43% - 0% TOTAL 57,011,00 88% - 0% ' Personnel - Fringe FICA 4,360.00 7% 0% - - Worker's Compensation 239.00 0% 0% - - Insurance 2,760.00 4% 0% - TtlCA 630.00 1% 0% - TOTAL 7,989,00 12% - 0% - - Personnel - Travel Local Travel - 0% - #DIV/D! - TOTAL - 0% - #DIVIO! - Materials and Supplies Materials & Supplies - 0% - #131V101 - - Program Supplies - 0% - #DIV" - - Dighal Camera 0% - #DIV /O! - - Summer Program Supplies - 0% #DIV /01 - - TOTAL - 0% #DIVIO! - Equipment Copier Leases - 0% - #DIV /01 - - TOTAL - - #DIV /01 - - Other Costs _ Registation - 0% - #DIVIO! - - Insurance- Students - 0% - #DIVIO! - - Transportation - 0% - #DIVI01 - - Food & Snacks - 0% #DIVIO! - - RIS- General - 0% - #D1V 101 - - TOTAL 0% - #DIV /0! - - TOTAL $ 65,000,00 100% $ 0% $ - $ - * 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 Date -29- Attachment B -3 -- Budget Narrative Communities In Schools, 78415 CYD Program Attachment B -3 Budget Narrative (la) PERSONNEL — SALARIES - $57,011 Salaries reflect the projected estimated salary for staff for FY 201112012, The Project Coordinator will oversee the program and work closely with Casemanagers in providing services, as well as the recruitment and training of mentorslvolunteers. He /she will monitor all aspects of the program and be responsible for the completion of the CYD monthly Status Reports. The Gasemanagers will also participate in the completion of monthly documentation. The Casemanagers will be responsible for their campus only. They will prepare, coordinate, and implement direct services. Ali staff will work as a team to provide direct services and ensure the success of the students and their families. All staff is responsible for doing home visits on a regular basis. All CYD staff is 100% cost allocated to the program. There are no administrative salaries included in this proposal. All administrative salaries and Project Coordinator overseeing the program are. in -kind services provided by CIS. (1b) PERSONNEL - FRINGE BENEFITS .$7,989 Fringe benefits include FICA at the rate of 7.65 %, SUTA at the rate of 3.5 %, Worker's Comp at the rate of $0.93°/x; insurance at $225 per employee per month, retirement at 3% of gross salary after 2 (two) years of employment. 1 b) Personnel — Fringe Benefits (Employer's Share) (1 c) PERSONNEL — TRAVEL - $0,000.00 Travel mileage will cover approximately 100 miles per month for 10 months for 2staff at approximately $0.50per mile (the agency's approved rate per mile) for home visits, meetings, picking up CYD supplies. (2) SUPPLIES — 0.00 Office Supplies - $0 30 Fringe Benefits Based on (1 a) Salaries Paid* FY 2012 FICAIMEDICARE 7.65 %) 4360 TUCA (3.5 %) $9,000 per employee (2 empl at $9,000 = $18,000 X3.5 % = $630 630 Workers Compensation (Total Salaries X 0.93 %) 239 Insurance ($225 a month per employee for 1 staff and 1staff only enrolls in life 2,760 Retirement (3% after two (2) years of employment): 0 *Fringe benefits include FICA, SUTA, Retirement, Insurance, and Workers Compensation TOTAL FRINGE BENEFITS $7,989 (1 c) PERSONNEL — TRAVEL - $0,000.00 Travel mileage will cover approximately 100 miles per month for 10 months for 2staff at approximately $0.50per mile (the agency's approved rate per mile) for home visits, meetings, picking up CYD supplies. (2) SUPPLIES — 0.00 Office Supplies - $0 30 Attachment 3-3 — Budget Narrative Communities In Schools, 78415 CYD Program $750 per staff X 2 Staff Routine office supplies for staff such as but not limited to: copy paper, pens, pencils, note pads, printer cartridges, diskettes, markers, binders, adding machine tape, blank video tapes, cassette tapes, publishing programs software, graphics programs software, art and crafts supplies. Consumable supplies are for T- shirts, uniforms, costumes, and other consumable supply needs for students. Consumable supplies also include any article, items, or equipment costing not sufficiently enough to be considered major equipment items and having a useful life expectancy of less than two (2) years, and other consumable supplies. School Supplies - $0 $01yr per staff X 2 staff $00 — purchse a digital camera to take pictures of projects or field trips done by CYD youths School supplies for students such as but not limited to writing tablets, notebook paper, pens, pencils, pocket folders, scissors, glue, construction paper, supplies for student's use in mentoring andlor activities and any other supplies needed for the student. Summer Program - $0 To purchase supplies such as but not limited to arts & crafts, models, sewing kits and any other supplies needed for the summer program. (3) EQUIPMENT - $0 includes the cost of leasing two machines_ Two- (2) copiers at approximately $190.501month OTHER-0 Insurance - $0 A rate is not determined until year -end. A premium is paid in advance and the difference is paid after more accurate andlor actual numbers of students and activities can be determined andlor estimated. Telephone - $0.00 Cost for a telephone line, fax services, and 5 telephone /walkie- talkie plans for employees to use at all times for communication. Other communication expenses could include items such as e-mail, or any other unforeseeable means of allowable communication cost. Bus Transportation — $0,000 Generally CIS maximizes its financial resources by utilizing CCISD bus transportation system, which is the best value. However, if at anytime CCISD bus transportation cannot accommodate CIS will utilize other alternative transportation system. CCISD bus transportation is used for education field trips for CYD youths during school year and especially during the Summer Program. Snackllunch provisions - $0,000 Cost for healthy snacks provided to CYD youths. Healthy snacks are provided for before and after school activities and projects to all CYD registered participants. Recognition Incentives, and Scholarships - $0.00 31 Attachment B- 3— Budget Narrative Communities In Schools, 78415 CYD Program Cost pays for youth registration fees, entry fees, awards, trophies, certificates, scholarships, and other cost for participants in activities such as but not limited to softball, baseball, kickball, football, basketball, bowling, miniature golf, museums, twirling, cheedeading, ballet, jazz, ballet folklorico dancing, guitar, entry fees for educational institution such. as NASA, skating, bowling, museums and any other form of life enhancing recognition, incentive, and/or scholarships, and other recognitions for CYD youths to participate in such activities_ Registration - $U Registration for workshops or trainings mandated by grant 32 Attachment C— Standard Terms & Conditions 78415 CYD Program 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. "Communities In Schools, Corpus Christi, Inc." will hereinafter be referred to as the Subcontractor. The Community Youth Development Program will hereinafter be referred to as CYD Program. SECTION 1. LEGAL AUTHORITY Subcontractor assures. and guarantees that it possesses the legal authority to enter into this Contract, to receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby warrants that he/she has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this 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 ( "TAG ") 732.240 -256 as applicable and amended. In the event of any conflict or contradiction between or among the regulations referenced in this Contract, the regulations shall control in the following order of precedence: 45 CFR Part 92, OMB Circulars A -87, A -122, A-110, and 40 TAC 732.240 -256. SECTION 2. INDEPENDENT CONTRACTOR It is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent_ B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total -33- Attachment C— Standard Terms & Conditions 78415 CYD Program budgeted amount as originally approved in this Contractor as subsequently amended by both parties. C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B -2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent. E. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. G. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department. W. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th day following the month in which services are provided. The Fiscal Agent will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment is received from the Department. The Subcontractor understands and agrees that prior written approval must be secured: For transfers between line items for any dollar.amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and terminafion 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. J. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a total bill each month in the format prescribed by the Fiscal Agent and shall accept as payment in full the Contracted unit rate reduced by an amount equivalent to the required percentage of certified local resources as applicable. MEM Attachment C — Standard Terms & Conditions 78415 CYD Program 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. 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 $. 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. -35- Attachment C -- Standard Terms & Conditions 78415 CY D Program SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS A. The Subcontractor agrees to submit service delivery reports required by this Contract, self - evaluations of performance, and other reports requested by the Fiscal Agent or Department in appropriate format and on a timely basis; and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services (dDHHS"), or their authorized representatives. 5, 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 afterthe termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department/Fiscal Agent and the Subcontractor. Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. 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 listed in this Contract_ SECTION 8. SUBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such third party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this. Contract and the Community Youth Development Plan of Operation. A non - governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third party_ Failure by a non - governmental Subcontractor to inform the Fiscal Agent of the intent to involve any third party shall relieve the Fiscal Agent, the Department, and the State of Texas of any and all liability and . may result in initiation of procedures to terminate this Contract, among other remedies that Fiscal Agent or Department may be entitled to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any party other than Subcontractor for payment of any monies or for provisions of any goods or services unless the Fiscal Agent in writing specifically agrees to such liability. B. The Subcontractor further agrees to provide statements from Sub - subcontractors signed by an -36- Attachment C— Standard Terms & Conditions 78415 CYD Program official duly authorized to legally obligate the Sub - subcontractor and attest to the fact that it shall provide the services as represented in this Contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each Sub - subcontractor who will provide services as part of this Contract. Each Sub - subcontractor may be required to submit ownership information and other information related to this Contract. The Subcontractor must disclose to Fiscal Agent any and all information regarding the Sub - subcontractors as it pertains to this Contract, during the Contract Period. C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its procurement. D_ Any of the work or services specified in this Contract which shall be performed by other than Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with Federal, State, and local law, for the award and monitoring of Contracts which contain acceptable standards for ensuring accountability. E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION S. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD- Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shall be as follows: A Program Funded through the City of Corpus Christii by the Texas Department of Family and Protective Services. C. Subcontractor shall not publish or cause to have published the results of its function and participation in the program activity without prior review and approval by the Fiscal Agent and Department. SECTION 10. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. 13. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. -37- Attachment C— Standard Terms & Conditions 7$4 CYD Program 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. H. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contract The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. finless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (30) calendar days after receipt of the monitoring report with all corrective actions planned or taken and specific detailed procedures and actions initiated to preclude any recurrence of the practices, discrepancies, and irregularities identified in the monitoring report. F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractor's written response to the monitoring report, shall evaluate the corrective action plan and determine whether the corrective action plan shall be undertaken, whether an alternative plan is needed, or whether the goals or standards need to be modified. Regardless of the course of action taken, the Fiscal Agent shall ensure that positive actions, procedures, and practices are initiated to preclude recurrence or non -compliance. Upon written request, the Fiscal Agent shall provide technical assistance to Subcontractor in correcting the deficiencies noted. Fiscal Agent shall conduct follow - up visits to review pending deficiencies and to assess the efforts made to correct them. If such deficiencies persist, Fiscal Agent may withhold funds and move to terminate this Contract in accordance with Section 33. G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all 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 -38- Attachment C— Standard Terms & Conditions 78415 CYD Program 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. 13. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds_ The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. C. The property shall be maintained in good condition at all times, Unless waived by the Fiscal Agent and Department, all maintenance and repair costs associated with any property shall be borne by the Subcontractor. All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent.. SECTION 13. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, or local excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W -2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax laws and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department all costs, penalties, or losses whatsoever occasioned by the Subcontractors 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 385 days of the action complained of. Non - discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained of_ Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 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 CircularA -133 (Audits of State, Local Government, and Non - Profit Organizations). A. Subcontractor understands and agrees that it shall be liable for all costs associated with said audit. B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs disallowed as a result of said audit in accordance with the "Liability for Repayment' provisions of -39- Attachment C— Standard Terms & Conditions 78415 CYD Program this Contract, as set out in Section 4 of these Standard Terms and Conditions. C. The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds received under this Contract. The audit may be performed by the Fiscal Agent, a certified public accounting firm, or other auditors as designated by the Fiscal Agent or the Department. Such audit will be conducted in accordance with applicable professional standards and practices. D. In the event a final audit has not been performed prior to termination of this Contract, the Fiscal Agent shall retain the right to recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its Sub - Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the relation to the provisions of this Contract or applicable State Regulations. SECTION 16. PREVENTION OF CONFLICTING INTERESTS A. Every reasonable course of action shall be taken by the Subcontractor to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract shall be administered in an impartial manner, free from personal, financial, or political gain. Subcontractor, its executive staff, and employees, in administering this Contract, shall avoid situations that give an appearance or suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B, No member, officer, agent, or employee of the Fiscal Agent or the Department who exercises any functions or responsibilities in the review or the approval of the undertaking or carrying out of this Contract shall participate in any decision relating to this Contract which affects his/her financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the j Fiscal Agent or the Department, A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accept money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization . which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 17. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. -40- Attachment C — Standard Terms & Conditions 78415 CYD Program 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 Subcontractor shall indemnify and hold harmless the Fiscal Agent and the Department, their officers, agents, representatives, and employees, from and against any and all cfaims or lasses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part of the Subcontractor, its officers, agents, employees, representatives, or Sub subcontractors. In the event of loss, damage, or destruction of any property due to the negligence, misconduct, act or omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, or replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective employees, officers, agents, and representatives can neither agree to hold the Subcontractor harmless nor agree to indemnify the Subcontractor and any provisions to the contrary are void 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 or anti - religious activity, worship, or instruction. SECTION 20. POLITICAL ACTIVITYILOBBYING The Subcontractor will not use any funding under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. No funds provided under this Contract may be used in any way to influence or attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for lobbying with State or local legislators. Subcontractor shall comply with the requirements of New Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55, No_ 115, 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 1 -41- Attachment C— Standard Terms & Conditions 78415 CXD Program Title IX of Education Amendments of 1972 Food Stamp Act of 1977; and The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. and all amendments to each, and all requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physicallmental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by f=ederal or State funding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV; 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this Contract; 4. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable Federal and State laws, rules, and regulations. This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. if specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. B. Comply with Federal ,State and local licensing and certification requirements,, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq_, as amended; -42- Attachment C— Standard Terms & Conditions 78415 CYD Program 10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific employee or volunteer and specific misdemeanor charges; 11. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code.of Federal Regulations and Federal circulars, as amended; 12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative hearings, at the request of the Department or Fiscal Agent; and, 13. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -153), as amended_ B. The Subcontractor shall have written participant and employee grievance procedures consistent with applicable Federal and State requirements. The Subcontractor shall. establish and maintain complaint procedures to resolve all complaints arising directly or indirectly out of this Contract. C. As subcontracts and supplier contracts become necessary to carry out the requirements of this Contract, Subcontractor covenants to make a good faith effort to contract with historically underutilized or disadvantaged businesses certified as such by the State of Texas. Subcontractor shall make a good faith effort to contract at least thirty (30) percent of the total value of all subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 22. REPORTING ABUSE, NEGLECT, OR EXPLOITATION. Subcontractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family code, Chapter 251. All reports must be made within twenty -four (24) hours of the discovery of abuse, neglect, or exploitation. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. -43- Attachment C— Standard Terms & Conditions 78415 CYD Program 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 fumish proof of the following bonding and insurance coverage within forty -eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding, at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($800,000) minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non -owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. in the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self - certification of such coverage; and 4. Workers' compensation and adequate on -site medical and accident insurance shall be required for all of Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations serving as employers of record for any participant, whether that organization is the Subcontractor or a third party; on -site medical and accident insurance shall be required for all non -work setting and classroom training activities for participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employers workforce. B. All coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the State of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. Lapse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D_ When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named 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. -44- Attachment C— Standard Terms & Conditions 78415 CYD Program SECTION 25. DEBARMENT AND SUSPENSION A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as amended, and, in so doing, provide to the Fiscal Agent and the Department, upon Subcontractor's signature and execution of this Contract and prior to Fiscal Agent's execution of this Contract, a certification bearing the following statement: Subcontractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certification from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub - subcontractor approval as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 266. 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: 1. Grant to the Department the right to copyright, use, reproduce, and distribute any material written or produced by the Subcontractor that is the subject of this Contract, and 2. Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent on the issue of infringement of any copyright by any product, or any product part, supplied by the Subcontractor to the Fiscal Agent or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the f=iscal Agent and the Department have a nonexclusive, non - transferable, irrevocable, paid -up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringement based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. -45- Attachment C— Standard Terms & Conditions 78415 CYD Program E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However Subcontractor's information may be subject to required public disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. In some instances, email correspondence may be utilized and this communication is to be treated as having received a written correspondence_ 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 Contract and Program Requirements, Attachment C -1 to this Contract, constitute promised performance under this Contract. If Subcontractor fails to meet the performance goals for any monthly period as specified under this Contract, this Contract is subject to obligation or termination in accordance with this Contract. SECTION 30. ENTIRE AGREEMENT A. All oral or written agreements between the parties relating to the subject matter of this Contract made prior to the execution of this Contract have been incorporated herein. C. Subcontractor understands and agrees that the Attachments designated on the Cover Sheet of this Contract are a part of this Contract and constitute promised performance by Subcontractor under this Contract. SECTION 31. CONTINGENT ON FUNDING This Contract is at all times contingent upon the availability and receipt of Federal or State funds that the Fiscal Agent and Department have allocated to this Contract; and if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent or Department_ The Fiscal Agent's obligation is contingent upon the availability of funds from which payment for the Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. 11121r:� Attachment C —Standard Terms & Conditions 78415 CYD Program SECTION 32. TRAINER QUALIFICATIONS A. . Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws_ Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the level agreed upon at initiation of this Contract. Any deviation from these requirements must be reported to Fiscal Agent. Failure to maintain qualified personnel, the required level of performance, approved curriculum, and other pertinent quality control standards required by the Fiscal Agent and Department may constitute a breach of this Contract, grounds for termination of this Contract by the Fiscal Agent or the Department, and refund of amounts to Fiscal Agent or Department. SECTION 33. TERMINATION A. If the Subcontractor fails to provide services according to the provisions of this Contract, the Fiscal Agent or Department may, upon written notice of default to the Subcontractor, with opportunity to cure within 30 to 60 days, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause, upon written notice of default.to the Subcontractor and opportunity to cure within 30 to 60 days, or take other actions, including, but not limited to: 1- requiring the Subcontractor to take specific corrective actions in order to remain in compliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 14 calendar days advance written notice to the other party. This Contract will be terminated at the end of the 14 day period. Nothing in this section shall be construed to prohibit immediate termination of the Contract pursuant to the sections above. This Contract shall otherwise terminate by the date specified in the Contract Cover Sheet. E. At the end of the Contract term or other Contract termination or cancellation, the Subcontractor, in good faith and in reasonable cooperation with the Fiscal Agent and the Department, shall aid in the -47- Attachment C— Standard Terms & Conditions 78415 CYD Program transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. F. The Department shall suspend or revoke this Contract if the Subcontractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Fiscal Agent shall also suspend or revoke this Contract if the Subcontractor's license, certificate or permit has been revoked by any agency listed in Article 11 of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. SECTION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable for undue delays or failures in Contract performance except for any delay in or failure of performance of any requirement caused by force majeure (i.e., those causes generally recognized under Texas law as constituting impossible conditions). Such delays or failures to perform shall extend the period of performance at the discretion of the Department, in the exercise of reasonable diligence, until these exigencies have been removed. The Subcontractor shall inform the Fiscal Agent and the Department in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. The Subcontractor agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or stop payments, immediately terminate this Contract, collect partial or whole payment for services not timely delivered, collect other liquidated damages including the amount of any bond for Contract amount, and any other remedies available to the Fiscal Agent and Department under the terms of this Contract, in equity, or under Texas law- SECTION 36. MONTHLY PERFORMANCE REVIEW Subcontractor will be notified monthly and/or 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. SUSPENSION OF PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A -1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not in compliance with all provisions of the Contract, the Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal Agent may suspend payments to Contractor until such time as Contractor is in full compliance with the performance measures and all other provisions in this contract. Subcontractor will be given prompt written notice and the opportunity for a hearing within fourteen (14) calendar days from such suspension. SECTION 37. REPAYMENT OF FUNDS. Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar days of Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole discretion that Subcontractor has not met the Performance Measures identified in Attachment A -1.. 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- -48- Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 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 DI=PS 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 Si nor cannot cer the accur acy of all the statements contained in this section Si nor must provide written notice to DFPS deWffiing 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 Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Signor certifies, to the best of its knowledge and belief, that: 1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Signor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering . into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The Signor shall require that the language of this certification be included in the award documents for subcontracts and that all subcontractors shall certify and disclose accordingly. 4. Payments of appropriated or other funds to Signor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. C. Certification Regardin Cad Support. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the Page 1 of 3 Form 4733 Texas Dept of Family Certifications February 2010 and Protective Services individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. D. Drug-Free Workplace Certification. Signor certifies that it will or will continue to provide a. drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about— a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (D)(1); 4. Notifying the employee in the statement required by paragraph (D)(1) that, as a condition of employment under the grant, the employee Will — a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (D)(4)(b) 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 a drug4ree workplace. E. Anti Trust Certification. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Signor certifies that neither the Signor nor the 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. Page 2 of 3 Texas Dept. of Family Certif ications Form 4733 February 2410 and Protective services 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 administrative hearing or court shit 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. 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. G. Prohibited Responses and Contracts. Pursuant to Texas Government Code §2155.404 -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 As the duly authorized representative (Signor) of the Potential Contractor, I hereby certify that the Potential Contractor will comply with th ov certificatio Gloria Taylor Printed Name of Authorized Representative S _�Wjture OT Aut orl Representative Executive Director Title of Authorized Representative Date Communities In Schools, Corpus Christi, Inc. 23792861 -1 Legal Name of Potential Contractor Procurement or Contract Number Page 3 of 3