HomeMy WebLinkAboutC2013-249 - 8/27/2013 - Approved CONTRACT
(Cover t)
TI T: Community Youth Development
CONTRACT 2014-1
This contract (" ) is nt into by the City of Corpus Christi (u City" or ") and
the following nr r:
CITY: , SUBCONTRACTOR:
City of Corpus ti- P&R Dept. -CYD Boys& Girls Club of u Christi
615 Leopard, Ste 105 3902 Greenwood Drive
Corpus Christi, TX 78401 Corpus Christi, TX 78416
Telephone: ( 1) Telephone: ( 1) 361-853-2505
FAX: ( 1) : ( 1) 361-853-194
Contact n: Celina Pulcher Contact Person: Anne Baker
Subcontractor r s to provide services in accordance with the provisions of this Contract and under
the u i ty Youth Development Program (" ") funded by the Texas n of it
Protective i (" "), This Contract consists the llo in g attached documents which are
incorporated her i y reference:
Contract(Cover t)
Performance Measures (Attachment -1)
Plan of r ti (Attachment A-2)
Program uir n# (Attachment A-3)
Budget, i Request Form & Budget Narrative (Attachments -1, - )
Standard Terms and Conditions (Attachment )
Subcontractor ifi ti , Form 4733 (Attachment )
Subcontractor agrees to i by all terms and conditions specified i , and it certifies that
information rovi to i is true and correct in all respects o the best of its knowledge,
information, and belief.
The obligations i r Christi i t upon the
availability of funds for such purpose under the fun
CONTRACT l 7 t 31, 2014
FUNDING I l to l
stated above.
Executed in i ic of which recognized as an origin 1
ATTEST- City,, r ri t`
4 p�
Armando Chapa Ran' Is IN 14,
City Secretary r
Legal form approved 139 :
Girls Club of Corpus Christi
f,
By:
ne Ba Chief Professional Offi t
Title: -- �-
2013249
8I2 7/13
Ord. 029935 r� ` INDEXED
Boys & Girls
78415 COMMUNITY T PROGRAM
Girls Boys & i i
TABLE T T
Page .
Contract v r Sheet
Tableof Contents.............................................................................................i
Contracted c - .................................1
Plan of Operation - ) ..............................................................
Program Requirements c - ) .....................................................1
Budget Information t - )................................................1
Reimbursement r c - )......................................... 1
Budget Narrative c ) ...............................................................23
Standard Terms and Conditions )..........................................
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 ss ss nt
12. Property
1 . Taxes
14. Disputes
15. Independent Audit
16. Prevention of Conflicting Interests
17. Fraud and Abuse Prevention
18. Indemnification
19. Sectarian Involvement ro i ite
Political Activity/Lobbyin
21. Non-Discrimination and Equal Opportunity
2. Reporting Abuse, Neglect, or Exploitation
i
3. Health and t o r s
Insurance
25. Debarment and s nsion
Notice n Assistance r in Patent and Copyright Infringement
Disclosure of of en i I Information
Communications
29. General n r s of Performance
30. Entire Agreement
1. Contingent on Funding
32. Trainer Qualifications
33. Termination
Force jur
35. Monthly Performance Review
Suspension of Payments
Repayment of un s
Subcontractor li nc it Primary Contract
Subcontractor Ci i i c .........................
ii
Attachment A-1-Performance Measures
City of Corpus Christi-78415 CYD Program
Attachment A-1
Contractor: Boys&_Girls_Club
Program Name: After School and Summer Pro grams
Contract Number: 23792861-1
Contract Period: Segtember 1,2013-August 31 2014
ce Measures:
Pursuant to Texas Human Resources Code$40.0S8 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
Goal of the Contract:To prevent delinquency in Target Youths
OUTPUT.MEASSURES
OUTPUT se d monthly.
Performance Period: Contractor performance for this output is determined for each month of the
contract period,either wholly or partially, depending on the contract start and end dates.
Indicator* Average number of unduplicated Target Youths served in the Contractor's CYD Program each
month
Target: 2531
Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program
Data Source: P S Database
Methodology: The numerator is the total number of unduplicated Target Youths served by the
Contractor during the most recent completed month, added to the total number of unduplicated Target
Youths served by the Contractor during each previous completed month (if any). The denominator is
the total number of completed months. Divide the numerator by the denominator.
OUTPUT imber of Tar edod.
Performance Period: Contractor performance for this output is determined annually but measured
quarterly throughout the contract period.
Indicator: Total number of unduplicated Target Youths served in the Contractors CYD Program during
the contract period.
Target: 300-380
Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program
Data Source: PEIS Database
Methodology: Total number of unduplicated Target Youths with unique client ID numbers that were
served by the Contractor during the contract period.
Attachment A-1—Performance Measures
City of Corpus Christi—78415 CYD Program
OUTPUT#1 Pre-Service and Post-Service Protective Factors SUDEfty O_uesfionnaTres are co late
the 6-9 yegr g1d Tgrget Yguthg Eervgd.
Performance Period: Contractor performance for this output is determined annually but measured
quarterly throughout the contract period.
Indicator: Percentage of eligible 6-9 year old Target Youths served in the Contractor's CYD Program
from who completed Pre-Service Protective Factors Survey Questionnaires and matching Post-Service
Protective Factor Survey Questionnaires are obtained by the Contractor
Target: 60%
Purpose: To evaluate the Contractor's effort at obtaining outcome data
Data Sources: PEIS Database
Methodology: The numerator is the number of eligible 6-9 year of Target Youths served by the
Contractor during the contract period from whom completed Pre-Service Protective Factors Survey
Questionnaires and matching Post-Service Protective Factor Survey Questionnaires were obtained. The
denominator is the total number of eligible 6-9 year old Target Youths served by the Contractor during
the contract period. Divide the numerator by the denominator,multiply by 100 and state as a
percentage.
OUTPUT#4:Pre-Service and Post-Service Protective Factors Survey Ouestionnaires are completed by
the 10-17 year old Target Youths se e d.
Performance Period: Contractor performance for this output is determined annually but measured
quarterly throughout the contract period.
Indicator: Percentage of eligible 10-17 year old Target Youths served in the Contractor's CYD Program
from who completed Pre-Service Protective Factors Survey Questionnaires and matching Post-Service
Protective Factor Survey Questionnaires are obtained by the Contractor
Target: 60%
Purpose: To evaluate the Contractor's effort at obtaining outcome data
Data Sources PEIS Database
Methodology: The numerator is the number of eligible 10-17 year old Target Youths served by the
Contractor during the contract period from who completed Pre-Service Protective Factors Survey
Questionnaires and matching Post-Service Protective Factor Survey Questionnaires were obtained. The
denominator is the total number of eligible 10-17 year of Target Youths served by the Contractor
during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a
percentage.
OUTCOME MEASURES
OUTCOME#1:6-9 ye o' 1 Tar Tet Youths report an increase in the prgtg!ftivp factors
Performance Period: Contractor performance for this outcome is determined annually.
Attachment A-1—Performance Measures
City of Corpus Christi—78415 CYD Program
Indicator: Percentage of unduplicated 6-9 year old Target Youths who indicate an absolute increase in
protective factors,as determined by comparison of the Pre-Service Protective Factors Survey scores to
the Post-Service Protective Factors Survey scores
Target: 7S% (The Contractor's ability or inability to meet or exceed this target will not be the sole
means for assessing their success in providing the contracted client services. DFPS reserves the right to
revise the target for this outcome measure for any subsequent contract periods based on statewide
Contractor performance data.)
Purpose: To evaluate the Contractor's success at increasing protective factors in the 6-9 year old Target
Youths who are served by the Contractor's CYD Program
Data Sources: PEIS Database
Methodology: For each eligible 6-9 year old Target Youth from who both Pre-and Post-Service
Protective Factors Survey Questionnaires are obtained by the Contractor:
1. Calculate the scores for both the Pre-and Post-Service Questionnaires per instructions in the
Protective Factors Survey User Manual.
2. For each set of matching Pre-and Post-Service Questionnaires from the same 6-9 year old
Target Youth,subtract the score in the Pre-Service Protective Factors Survey Questionnaire from
the corresponding score in the Post-Service Protective Factors Survey Questionnaire to
determine an absolute increase, if any.
3. Count the number of Post-Service Protective Factors Survey Questionnaires that indicate an
absolute increase.
4. The numerator is the number of Post-Service Protective Factors Survey Questionnaires that
indicate an absolute increase in the score. The denominator is the total number of Post-Service
Protective Factors Survey Questionnaires completed by eligible 6-9 year old Target Youths.
Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The
Contractor must meet or exceed the target for Output#3 in order to achieve the target for this
outcome.)
TC : ®17 near of Tar et Yaut re an Increase,in the rote ive r
Performance Period: Contractor performance for this outcome is determined annually.
Indicator: The number of Protective Factors Survey subscales(protective factors)for which 10-17 year
old Target Youths indicate an absolute increase by comparing Pre-Service Protective Factors scores to
Post-Service Protective Factor scores.
Target: On protective factor which 75%of 10-17 year old Target Youths indicated an absolute increase
(The Contractor's ability or inability to meet or exceed this target will not be the sole means for
assessing their success in providing the contracted client services. DFPS reserves the right to revise the
target for this outcome measure for any subsequent contract periods based on statewide Contractor
performance data.)
Purpose: To evaluate the Contractor's success at increasing protective factors in the 10-17 year old
Target Youths who are served by the Contractor's CYD Program
Data Sources: PEIS Database
Methodology: For each eligiblelo-17 year old Target Youth from whom both Pre-and Post-Service
3
Attachment A-1—Performance Measures
City of Corpus Christi—78415 CYD Program
Protective Factors Survey Questionnaires are obtained by the Contractor:
1. Calculate the subscale scores for both the Pre-and Post-Service Questionnaires per instructions
in the Protective Factors Survey User Manual.
2. For each 10-17 year old Target Youth,subtract the subscale scores in the Pre-Service Protective
Factors Survey Questionnaire from the corresponding subscale scores in the Post-Service
Protective Factors Survey Questionnaire to determine an absolute increase, if any.
3. For each subscale,count the number of Post-Service Protective Factors Survey Questionnaires
that indicate an absolute increase.
4. For each subscale,the numerator is the number of Post-Service Protective Factors Survey
Questionnaires that indicate an absolute increase in that subscale score(protective factor). The
denominator is the total number of Post-Service Protective Factors Survey Questionnaires
completed by eligiblel0-17 year old Target Youths. Divide the numerator by the denominator,
multiply by 1 and state as a percentage.
S. Count the number of subscales(protective factors)for which the percentage equals 7S%or
more. (The Contractor must meet or exceed the target for Output#4 in order to achieve the
target for this outcome.)
OUTCOMEII.L10-16 year of Tarp et Youths serve es CYD Program Will not en e in
the Contragip
delingue t behavior.
Outcome Performance Period: Contractor performance for this outcome is determined annually.
Outcome Indicator: Percentage of 10-16 year old Target Youths that are not referred to a county
juvenile probation program while registered in and receiving services from the Contractor's CYD
Program
Outcome Target: 9S%
Purpose: To evaluate the Contractors success in providing services that deter delinquent behavior in
10-16 year of Target Youths receiving services from the CYD Program
Data Sources: Texas Juvenile Justice Department database and PSIS database
Methodology: The numerator is the total number of unduplicated 1 ®1 year old Target Youths served
in the Contractor's CYD Program during the contract period who were also referred to a county juvenile
probation program while registered in the Contractor's CYD Program. An existing protocol for matching
youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice
Department database will be used to establish the numerator. The denominator is the total number of
unduplicated 10-16 year old Target Youths served in the Contractor's CYD Program during the contract
period. Divide the numerator by the denominator,subtract this number from one, multiply by 100 and
state as a percentage.
DEFINITIONS
Absolute Increase®A documented increase in the score for the Post-Service Protective Factors Survey
Questionnaire relative to the corresponding score for the matching Pre-Service Protective Factors
Survey Questionnaire.
4
Attachment A-1—Performance Measures
City of Corpus Christi—78415 CYD Program
Cg lets PE21gctive Fact ors Sty rvey Ougstionnaire—For the Child (age 6-9)Protective Factors Survey
Questionnaire,the Child must have responded to a minimum of 15 items. For the Youth (age 10-17)
Protective Factors Survey Questionalre,the Youth must have responded to a minimum of 20 items.
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.
Eli ble to resoond to the Post-Service Protective Fact2rLaurve estionnaire)—A 6-17 year of
J_ ..y Qu
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 1st of the current fiscal year if the
youth was registered in a previous fiscal year.
Ellglbl@(to rgsgond to the Prg-Service Protegive Elctors Survgy Questigringirel—A 6-17 year old
Target Youth must be newly registered into the CYD Program during the cu rrent contract period.The
youth's age is calculated as of the date of registration in the contract period assessed.
Post-Service Protective Factors SunMy O_uestionnalre®A tool identical to the Pre-Service Protective
Factors Survey Questionnaire adm-inistered 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 Survgy Questionnaire—A tool administered to the 6-17 year of Target
Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective
factors,
PrqjggfiMg FAact ors—Personal characteristics or environmental conditions that interact with risk factors
_E _
to reduce the likelihood of problem behaviors.
Subscale®Groups of questions on the Youth (age 10-17) Protective Factor Survey Questionnaire
indicative of one of five protective factors:Family Bonding/Communication;School Involvement;
Individual Self-Estee /Self- rcacy; Positive Peer Association;Community Involvement.
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 30%enrollment from the designated ZIP Code
area as determined by DFPS.
!jnd&!gIlcatgd 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
Boys&Girls Club,78415 CYD Programs
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� cont ctor e: oys iris Clu of Cor us Christi Total ueste CYO?Fun in unt: 53,33700
Program Name:After-school and Summer Programs
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Name: Title: E-mail: Phone Number:
Anne Baker CPO 361-853-2505
Address:3902 Greenwood Drive Corpus Christi®TX 78416
Inclusive Dates of Service: From:9/01/13 To: /31/14
All addresses(locations)where services will be provided, lease use full address):
1. 3902 Greenwood Drive Corpus Christi,TX 7 416
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Output##1: Output#3:
Average number of Average number of
undo lic to youth se ed 32 unduplicated adults served
monthly* : monthly*:
Output 2: Output 4:
Number of unduplicated Number of unduplicated
youth served during the fiscal 300-380' adults served during the fiscal 0
year**: year**;
Calculate the cost of the overall program per youth(Cost per=$Contract amount/#youth served annually.):$177.80
t f
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Please fill in the following chart to explain how you will reach your target outputs during the fiscal year. if
clients will be served only In individual or group services, add the Annual Outputs for both services an
enter the sum above. the other hand, If clients will be served y BOTH individual AND group services,
the annual outputs should be Identical and that number should be entered above. a sure to include all
services that will be provided. C y and paste multiple rows as ee e
6
Attachment A-2-plan of Operation
Boys&Girls Club,78415 CYD Program
individuals:
MMM11MqPq
Groups:
Academic Support 6 1 28 1(10wee ) 25 50
Recreational 10 4 40 5(6 week) 36 180
Recreational- 20 4 80 1 72 72
summer
I. 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.
El Stand-alone
Component of larger program (Name of the larger program Boys&Girls Club)
. Check the services to be provided:
Ej Youth-Based Curriculum Activity Life Skills Classes
Family-Based Curriculum Activity ntorin
Family Focused Service Youth Leadership Development
Recreational Services Youth Advisory Committee Business
Academic Support Services
. 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/ u ard ian supervision
Caring adults other than parent
Strong bond between children and parents
Emotional support and absence of severe criticism
High parental expectations
Clear rules and expectations
Involvement with school/community
7
Attachment Amt®Plan of Operation
Boys&Girls Club,78415 CYD Program
Friendship network
Positive perception of self and others
El Places high values on helping others
El Sense of purpose
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4. Describe the services to be provided.Be sure to include every service indicated in the check ox above.
After-school Program: -F,3:00 p.m.—6:00 .a Includes:Power Hour and Triple Ploy
Athletic leagues: Basketball,Flag Football,Kick Ball and Volleyball
Summer P ro ra : M—F®8:00 a.m.—5.00 .m.; includes: Trade Play,Swimming, educational programs
Power Hour offers extended learning opportunities and educational enrichment programming during nonT
school hours. It helps to improve academic performance by providing the one-on-one help that many
youth do not receive either at home or at school. Students are expected to complete homework
assignments before participating in recreational activities.
Triple Play demonstrates haw eating right, keeping fit and forming ositive relationships add up to a
healthy lifestyle. The focus is on three components: Mind, Body and Soul. We have an agreement wit
School of Nursing that provides an added educational and mentoring component to our Triple Play
program, The student nurses come to the Club twice each week to work with the kids and to serve their
families with health issues.
Athletic Leagues offer 6-8 weeks of skill development in one particular sport, offering youth a chance to
compete in organized sports leagues and learn good sportsmanship behavior as well as sense of
responsibility and self-worth. a currently offer league opportunities to CYD kids in Basketball,Volleyball,
Kickball and Flag Football.
S.identify the days and times that services will be provided.Be sure to include every service indicated in the
check x above.
ME
Academic Support (Power Hour) [during school Club on ay®Friday :00-6.00
year]
Academic Support(Summer) Club Monday—Friday :0 —5:00
Recreational (After-school) [during school year] Club Monday- Friday 3:00—6:00
Recreational (Summer) Club Monday—Friday :00—S:00
Recreational (Athletic Leagues) [during school Club Saturday 10:00-3:00
year]
6. Describe what startup ivi ies will be necessary,including not limited to hiring and training staff,
8
Attachment A-2®Plan of Operation
Boys&Girls Club,78415 CYD Program
publicizing your program in the community,and recruiting youth to the program. Provide a brief
timeline for all activities.
Our program has been in operation for years,so there is no need for"startup activities"to begin serving
78415 youth in the next cycle of funding. However,we do provide ongoing training to current staff and
orientation to all new staff(typically,summer only).
We publicize our program in the community through visits to feeder schools and through the media on a
regular basis. Fortunately, the quality of our programming is well known and recognized just through
"word-of-mouth"in our community.
7. Identify the frequency,intensity and duration of services for a client:
The beauty of our programming is that it serves each child on a daily basis, every day of the week during
of the school year andsurnmer.
During the school year, on a daily basis,each child receives help in academics,opportunities to be
physically active,and is fed a healthy snack after school.
During the summer program each child is enriched through educational opportunities provided by A&M
University students, is fed a hot meal and snack,and benefits from swimming,fieldtrips and a variety of
recreational programs.
The frequency, intensity and duration of our services are what set us apart from any other youth
development organization in our community. We truly believe we save lives,one child at a time, by being
available throughout the year.When members attend the Club regularly,they are more likely to
demonstrate positive outcomes.
-----------
"R
im I
Z the NMEN
ug""o"700'§�'ff
Academic Support(Power Youth (30 Daily 1 month 30 sessions
Hour) days/month) (30-day terms)
Recreation Services(includes Youth Daily 1 month 30
Triple Play and Athletic (30 days/month]
Leagues as well as daily gym
activities)
Copy and paste additional rows if needed.
8. Describe specific strategies of the proposed program that will reduce or prevent the impact of juvenile
9
Attachment A-2—Plan of Operation
Boys&Girls Club,78415 CYD Program
crime.
To prevent a child from embracing juvenile crime, he/she needs:
1. to feel he/she"belongs"
2. to experience academic success
3.To have fun in a safe,caring and nurturing environment.
The Boys&Girls Club provides each child with a means to fulfill these needs.
1. A member of the Boys & Girls Club has a membership card that is scanned every day. This simple
mechanism gives us the capability of tracking our kids, but it also gives the child a very strong sense of
"belonging."
2. The academic success achieved through one-on-one tutoring and the benefit of actually having an
adult staff person care about each child's academic performance is what enables our kids to succeed
academically.
3. We provide a safe, caring and nurturing environment for each child. Our Club is a safe haven from the
crime-filled environment of any neighborhoods where an wars are a daily issue.
Neigh borhood-centered Clubs such as ours provide programming in specialized areas, including character
development, educational enhancement and career exploration. Through a system of informal guidance,
Club staff for strong bonds with our members, helping the to make smart choices in life. For any
Club members, Club staff are the most influential positive adult role models in their lives.
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).
Our target is to serve 300-380 youth over the contract period. Our experience has been that the average
number of youth served on a daily basis during the school year will be less than during the summer. It will
also rise during the athletic league season (October through April); however the summer has always been
our highest daily attendance season.
® Describe how you will work to keep the duplication rate down to below 20% of the entire target.
(Duplication to is calculated by the number of youth that participate between programs).
Keeping the duplication rate down to below 20%of the entire target will certainly be a challenge,as we
do not have any control of what other services our youth may take advantage of outside of the Boys &
Girls Club. We will make every effort to work toward that goal by noting what other programs our clients
are taking advantage of and trying to adjust accordingly.
11. if you have been previously funded by this program, at were your target goals and did you meet or
exceed your target goals?
We have always met our target goals,and we have often exceeded them. Fort a last few years our goals
have been between 350 and 420 clients served.This year our goal was 463 and we met it on June 8—well
before the end of the funding period.
12. Identify the target population to be served:
10
Attachment A-2—plan of Operation
Boys&Girls Club,78415 CYD program
n 6 f s z,>.e }. �. 7' .,3. .F.� .Z ✓ 5 1r4Y I .f I/r.�x z..,�,> ..�,i l t,.,`, �
t-
r�'
Is any pa rt of the progra m designed to serve ages other t an the CYD target lation `a?
Yes Z NoE]
If yes,please describe: We serve youth ages 6—18,so our programs are designed accordingly.
However, since we separate our youth into age roust yrs.; 10—12 yrs.,and teens;our
Age-appropriate ro ra rain serves us well in the expectations of the CYD program.
Is any part of e program specifically esi ne o serve only males or females?lies No
If yes,please describe: Our regular academic and recreational programs are not designed to serve only males
or females. However, In some instances,: such as our athletic leagues, we offer separate but equal
experiences(e.g.girls'volleyball, boys' basketball,girls' kickball).
Is any part of e program specifically designed to serve a specific racial or ethnic group?Yes :
If yes,please describe:
13. If applicable, i enti any program model or curriculum to be implemented and include the developer
of the program (e.g.All Stars Curriculum by T n le oo j.
Triple Play is a key curriculum used by the Boys & Girls Club on a weekly basis in an effort to address the
healthy life-style issues facing our young members. Triple play is part of Boys & Girls Clubs of America's
Sports, Fitness and Recreation core program areas. This core program area consists of an array of
effective programs for equipping Club members with crucial skills needed to become healthy, fit an
successful adults.
Healthy Habits, the MIND component, is a Club-wide strategy to promote health and well-being through
active learning from the gym tot the learning center.
The BODY component boosts a Club's traditional physical activities to a higher level by providing
sports and fitness activities for all our members.
The SOUL element has redefined the game room, where kids play board and table games, compete
in tournaments and enjoy each others' company. The staff helps members learn social skills while
teaching them how to work together.
The Triple ,flay program consciously incorporates elements of belonging, competence, usefulness and
influence.
14. Identify a CYD Program's goals and objectives. l oals and objectives should address the impact on
juvenile delinquency. Goals are broad statements of what your program is intended to achieve.
Objectives are specific,measurable,achievable,relevant and time-focused statements.
Goal(s):
During the school year, our After-school oro ramrm goal is to provide services that enhance a child's
academic performance in school, thereby promoting educational excellence and discouraging delinquent
behavior.
li
Attachment A-2-Plan of Operation
Boys&Girls Club,78415 CYD Program
Our summer
................. ...pLog ram goal is to provide a safe haven from exposure to juvenile delinquency while
promoting healthy life skills through educational and recreational programs.
Objective(s):
To track grade progression and content mastery of each child served in our After-school program.
To promote healthy living skills,as measured by our Triple Play Program
15. Describe the evaluation plan forte 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 o f t he
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.
We administer the surveys provided by CYD program,and we track academic progress by through the kids'
reports cards (each grading period). The staff at our front desk manages the CYD surveys, and the
education coordinator handles the academic evaluation. We have our own Pre- and Post- surveys for the
Triple Play and other programs. The staff responsible for each area handles their respective component of
the Triple Play program.
L1CJWWk """'Ri6a6h
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 is are likely to refer clients.
At the beginning of each school year, our staff visits each 78415 school to distribute flyers, make
presentations to the PE classes, and meet with principals to establish a cordial partnership. We have an
established relationship with several of the schools whose students we serve.
b. Describe any community based outreach and awareness events or activities your program will
implement or participate in this year. We participate in United Way rallies, area Health Fairs and
Community festivals; however our greatest recruitment tool remains our visits to 78415 schools.
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.
Our retention rate is quite exceptional. Retaining our members is more a matter of parental stability than
it is our programming; though we certainly make every effort to keep our kids positively engaged and
happily productive in all program areas. The satisfaction rate among our families is very high, as our staff
or hard to build rapport with the youth and parents.
® 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 tot PEI policy on
12
Attachment A-2®Plan of Operation
Boys&Girls Club,78415 CYD Program
incentives). Every season the A&M, Hooks, Hammer Heads and others give us free tickets to games and
other events. We use these as incentives. We do not buy incentives, as the community provides plenty
without our having to purchase anything.
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 tot program. Our
programs run year-round and offer parents a much needed alternative for after-school and summer
programs. Most of our parents understand the limited openings and the need to keep their children
returning for our after-school and summer programs. We do keep track of our youth,and will make phone
calls to check up on any who are absent for unknown reasons.
18. Will this program use volunteers? E]Yes No
If yes,describe the procedures for recruiting and screening volunteers and what criteria will be used to
ensure they area good fit to deliver the proposed services.
19. Explain the tasks which will be assigned to volunteers (mentorin& tutoring, presenting), how they will
be trained,supervised,and retained(once a month supervision is required per the RFP).
20. If volunteers will serve as mentors,state the adult to you ratio.
WX
M MM"',
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.
We have no shortage of youth due to lack of transportation. We provide van pick-up services to several
78415 schools, and we have an RTA bus stop right in front of our Club on Greenwood. Also, any
students walk to the Club.
22. Describe the "safe passage" plan for youth/families without transportation. There is no higher priority
than the safety of our program participants. We provide only licensed drivers vetted by our insurance
company. We use parental consent forms prior to transporting any youth and each must buckle up before
the van moves. Whenever transportation for larger groups is required, we use buses provided by the
school district or RTA.
13
Attachment A-2—Plan of Operation
Boys&Girls Club,78415 CYD Program
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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 n is
position ill supervise whom and provide coverage,if necessary).
The Boys & Girls Club only charges of three staff salaries to the CYD grant. All remaining staff and
payroll is included in our in-kind match.
rLea2img Pector overall Programming 6 p p p 0 0 p p p Director• p ® Executive°p p Di rector
d B. p
p
All Educational Programs nit Director You Development
n
staff
Front Desk All i rax Documentation Unit Dire or Unit Director
Describe staff supervision and support.Our staff is well trained to function without constant supervision;
however performance is monitored on a daily basis, and there is always a lead staff responsible for each
program area. There is an established chain of command for every area and adequate support staff is
assigned to handle larger than usual groups.
25. Describe the use of sub-subcontractors,if any are used.We do not sub=contract.
6. Describe the ratio of staff youth served.There is a staff-to-youth ratio of 12S.
27. Describe the required position qualifications, including level of experience and education for all
positions that ork with the CYD program. The three positions charged to this grant are as allows:
Unit Director—18 yrs experience;college courses at TX Tech;extensive BGCA training
Learning Center—8 yrs.experience; BA degree;extensive BGCA training
Front Desk—8 yrs. Experience;assoc. Del Mar;extensive BGCA training
(;„:m„ rz .0+.y ...,.�,I0UInr�
sn✓�r�+7f�.)�r� S�f�J�t��tr'\rrnh5r��nrf fir��.: i'rf%f. "..s lr r:1/fi rrr,,ni ff�,- s'fnrirr,N,s 721r>.a3/��+.
. :K � �: P�� s,. _ "...' :,� rt1:>n?��✓„>„r,>tl�.%r✓t9;,ns.,,>>.,rs„Jr„'%>s,>`,,,,.ri''r>',+;,r,......:'...5::eh ,ri„rlr.. � �,,,,,/f.r.rz„»�G,a
28. Give a brief history of the organization in terms of the length of time it has been a youth service
provider, an explain any gaps in service. if there is no history of the organization, then describe the
guiding ri ci le / it so y oft the organization.
We celebrated 50 years of service in 20071 The Boys & Girls Club of Corpus Christi daily fulfills our mission:
To enable all young people, especially those who need us roost, to reach their full potential as productive,
caring, responsible citizens through our youth development programs.
The Club was chartered as a Boys Club in 1957 by Sheridan Lewis, President of Southern Community teas
Company, in response to a growing delinquency problem in our area.The first clubhouse opened in the La
Armada Housing project.The response was so overwhelming that he built the Greenwood nit in 1969.
Still operational today,the Greenwood Unit is a 30,000 square foot facility, on 15 acres, on the west side
of Corpus Christi. The Greenwood nit features an air-conditioned modern gym, a learning center, two
14
Attachment A-2—Plan of Operation
Boys&Girls Club,78415 CYD Program
computer labs (one for 6 to 12 year olds and one for 13 to 18 year olds), a game room, a teen room, a
commercial kitchen, and an auditorium that can hold 300 people. Located behind the building, kickball,
soccer and flag football fields keep youth active. A pool and a playground complete the site. Our
enrollment in 2010 was 1,998 members, ages 6—1 m
® Describe the capability of working with at-risk youth related to the organizations past experience or
guiding principles/philosophy. We are extremely capable of working with at-risk youth, as that is our
mission, and our role in doing is what we're all about.
® 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? In six years of funding, we've
received$302,965, averaging$50,400 per year. This year, as of June 8,we have 463 CYD youth enrolled.
Signature of Pemon completing the Plan of Operation for the Subcontractor:
/C)� Anne Baker ;7
Signature Printed Name Date
3 5
Attachment A-3-Program Requirements
Boys&Girls Club,78415 CYD Program
Attachment A-3
Program Requirements ® FY2014
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 or 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 on oin g information regarding achievements and challenges in
g th
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 plan/s 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 L fields of the
program form such as the registration form, in its entirety including the ocialfaecu emiAel_dll 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,
16
Attachment ®3®Program Requirements
Boys&Girls Club,7841S CYD Program
All services provided in accordance with the Subcontractor's approved Plan of Operation must be tracked
using t e a ppropriate 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 files must include,at a minimum, the following forms completed:
• The DFPS Registration Form
• CYD Risk Factor Survey
• Pre-service Protective Factors Survey
• Post-service Protective Factors Survey
Cost Reimbursements. Subcontractors must submit reimbursement requests by the 5� of each month.
The City nor DFPS is obligated to pay unauthorized costs or to pay more than 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 'a ii"'o'"'able.,,,;masona
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 (1 4) 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 Subcontractors 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.
17
ohm nt 1®Budget Foans Budget for CYD Service Contracts Form 2030
Boys Girls Club,78415 CYD Program Attachment -1 ® et Forms
r
Z
Summary Page Sukontractor':Boys&Girls Club of Corpus Christi
Contract Period:0911113 a 8131/14
.w ,. ... .. _
Cost Category
_.. ... . .
Grand Total
(1A)Personnel m Salaries $49,550,40
(1 13)Personnel-Frin Inc tts $3,786,60
Subtotal $53,337.00
_ _....
( )Travel $0.00
(3) MaLeri lsg �es and CA $0.00
(4) u nt(Iten e/Purc $0.00
_
Subtotal $0,00
5)Other Costs(list below) X0.00
Subtotal 0®0
Grand Total $53,337.00
%of Total 16.7%
......
Total estimated number of participants to be
s 300-380
Total Cast per Youth $178-$140
.,.. . ..�..., w.. ��
s .............. ............ �
Certified by nn Baker
. ...
Signed i
Title !Chief Professional(Meer
Date. /
Page 19
Attachment ®1-Budget Forms Budget for CYD Service Contracts Form 2030
Boys Girls Club,78415 CYD ftgmrn Attachment -1 April 2010
4 )'Personnel-'Sala es Contractor Boys&Girls Club of Corpus Christi
Contract Period 0911113 - 08131114
Position or Title`
#Staff Avg.Monthly %77ine Wonths Total
(on contract) gLService AxBxCeD
Unit Director/over-all programming 1 $3,75000 40.00% 12 518,000®00
Learning Center 1 54,073.00 40.00% 12 $19,550.40
Front desk 1 $2,500.00 40000®1 12 $12,00000
$0.00
50,00
$0000
$0000
000
$0.00
$0.00
$0.00
$0000
$0000
$0.00-
$0.00
Total Salaries 549,550.40
For mamtonng urpn tin. h is d n Il data must be kept on file
Costs not allowable if already being paid by othersources
Fad G
Attachment -1®Budget Forms Budget for CYD Service Contract Form 2030
Boys Girts Club,76415 CYD Program }Y Apra)2010
tt etlt ®i
{ ( )'Personnel-'Fringe Benefits Contractor Boys&Girls Club Of Corpus Christi
Contract PeriM 0911113 - 0813111
"Type of Fringe Benefits
Total
Programming $1,372.60
Learning Center $1,496«00
Front Desk $918.00
T tl ri enTits X76®
For monitoring u uses,payroll data rust e e t�n ft�m
Costs not allowable if alread bei2 yid csther�
Page 20
SUBCONTRACTOR: Boys&Girls Club Request No.
CONTRACT PERIOD: 9/01/2013 t0 3/31/2014 Reporting Ortt
TITLE: Community Youth Development Program
ATTACHMENT -2
BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST
(1)-(2) 'City Use
Cunt % (1) (2)YTD Amount Only
Budgeted Of Budget pendad Expanded Invoiced Beguested' Amnt,Paid
Personnel-Salaries
Programming 16,000.00 34% - 0% $ - 5
Leaming Canter $ 79,550.40 37% $ 0 $ -
Front Desk 12,000 00 22% - 0% a
TOTAL 49,550 40 93 0% -
Personnel-Fringe
Programming 1,37260 3% 0% - -
Learning Garner 1,49600 3% 0% - -
Front Desk 91800 2 0%
-
TOTAL 30796.60 7 - 0%
Personnel-Travel
Local Travel - 0% - # IV10I -
TOTAL - 0% #®IV101 -
Materials and 5u ties
Materials&Supplies 0 - #®IV101 -
Program Supplies 0 #OIV/Ol
Digital Camera - 0% #DIV10I -
Sumnt�r P rases Supplies - 0% 9OIV101 -
TOTAL - 0% OI16101 -
quiprnent
Cgpjgr Lenses - 0% #DIWOI -
TOTAL - #t71V101 -
Other Costa
Registat'on 0% #®IV0
Insurance-Students 0% #OIV10t
Transportation 0% #OIV101
Food&Snacks m 0% #0IV101
RIS-General 0% #DIV101
TOTAL - 0% #OIV101
TOTAL $ 53,337,00 100% S 0% s - $
® 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
11 21
Attachment B-3—Budget Narrative
Boys&Girls CJub,78415 CYD Program
Attachment B-3
Boys & Girls Club of Corpus Christi
Budget,,Narrative FYI 4
(1a) Person nel-Salarles = $49,550.40
Salaries charged to this grant are based on current year compensation and potential
increases in next is budget. The percentage is based on the portion of s time
being charged to the grant. The number of staff for each position is limited to the most
important salaried staff who are responsible for the over-all program operations and
documentation of all CYD data requirements as well as one hourly staff. Typically, we
have ten staff during the After-School program and 25 or more during the Summer
Program. However, these three positions are full-time salaried positions that assume
the most responsibility for all programs, and the one hourly serves at the front desk and
in the program.
Programming 18,000.00
Social Recreation 19,550.40
Front Desk 12,000.00
(1b) Personnel-Fringe Benefits, Employer's Share = $3,786.60
The only benefits charged are FICA at 7.65%.
Programming 1,372.60
Social Recreation 1,496.00
Front Desk 918.00
(I c) Personne I- r
= $0
No travel is in charged.
(2) Materials and Supplies = $0
No materials/supplies are in charged.
(3) l® Lease, or Purchase of Equipment= $0
No rental, lease, or purchase of equipment is being charged.
(4) Other Costs = $0
-22-
Attachment B-3®Budget Narrative
Boys&Girls Club,78415 CYD Program
It actually cost us over $250 per member to serve our youth at the Greenwood
site. The total charged to the grant equates to an average of$140 per youth for
an entire year of services. Total cost of serving 300-380 CYD youth is $95,000.
Our share of cost will be $37,663.00.
-23 -
Attachment C—Standard Terms and 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. OBoys& Girls Club" ill hereinafter be referred to as the Subcontractor.The
Community You Development Program will hereinafter be referred to as Cif D Program.
SECTION 1. LEGAL AUTHORITY
Subcontractor assures and guarantees that it possesses the legal authority to enter into this Contract, to
receive the funds authorized by this Contract, and to perform the services Subcontractor has obligated
itself to perform under this Contract. The person signing this Contract on behalf of Subcontractor hereby
warrants that he/she has been fully authorized by Subcontractor to execute this Contract on behalf of
Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and
provisions herein set forth.
Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office,
HHSC Office of Inspector General,or any successor agency, to audit or investigate the expenditure of
funds under this contract or any subcontract. Subcontractor further agrees to cooperate fully with the
State Auditor's Office or its successor, including providing all records requested. Subcontractor will
ensure that this clause concerning the authority to audit funds received indirectly by subcontractors
through Subcontractor and the requirements to cooperate is included in any subcontract it awards.
The Subcontractor agrees to be in compliance with all applicable Federal, State and local laws, including
but not limited to, the following: 45 Code of Federal Regulations ("C FR") Part 74, Office of Management
and Budget("OMB") Circulars A-133, -110,A-21,A-87 and A-122 as applicable, the Uniform Grant
Management Standards(UGMS)as applicable and 40 Texas Administrative Code("T C")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 CF R 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,ore loyee of the Fiscal Agent,,
employees of Subcontractor are note ployees 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
.25 -
Attachment C-Standard Terms and Conditions
78415 CYD Program
incurred for services rendered under this Contract. In no event shall payments exceed the total
budgeted amount as originally approved in this Contract or as subsequently amended by both
parties.
C. The basis for payment for services rendered under this Contract is indicated in the service to 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. Funds also cannot be charged prior to the execution of the signed contracts.All
signatures must be obtained before contract is deemed active.
F. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which
exceed the total funding amount specified.
G All funds unearned or unexpended in the performance of this Contract shall be retained by the
Department.
H. The Subcontractor is responsible for submitting bills in an accurate and timely manner by the 5th
day following the month in which services are provided. The Fiscal Agent will make reasonable
efforts to process all bills received in an accurate and timely manner but does not warrant
immediate payment. Reimbursements to Subcontractor will be paid by the Fiscal Agent when
payment is received from the Department.
1, The Subcontractor understands and agrees that prior written approval must be secured:
1. For transfers between line items for any dollar amount. Lack of prior approval in these
instances will be grounds for nonpayment of the item or items involved;
2. When transfers, regardless of the amount,would result in a significant change in the
character or scope of the programs. Lack of prior approval in these instances will be
grounds for recovery of unapproved payments and termination of this Contract at the
option of the Fiscal Agent; and
3. When needing to add a line item, cost, or expenditure to the budget. Approval must be
obtained in writing prior to incurring the expenselcost.
J. For unit to 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
-26-
Attachment C—Standard Terms and Conditions
78415 CYD Program
resources as applicable.
K. Buy Texas. In accordance with Texas Government Code§2155.4441, the to of Texas requires
that during the performance of a contract for services, Contractor will purchase products and
materials produced in the to 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 6. 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 Subcontractors 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 (1 0)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 for 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 6. ACCOUNTING REQUIREMENTS
The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the
27-
Attachment C®Standard Terms and Conditions
78415 CYD Program
American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal
management policies and procedures in submitting timely billing and maintaining financial records
required to be kept under this Contract.
SECTION 7. RECORD KEEPING/REPORTING ftgQWflKMkM
A. The Subcontractor agrees to submit service delivery reports required by this Contract, self-
evaluations of performance, and other reports requested by the Fiscal Agent or Department in
appropriate format and on a timely basis; and make available at reasonable times and for
reasonable periods client records and other programmatic or financial records, books, reports, and
supporting documents for reviewing and copying by the Fiscal Agent,the Department, the U.S.
Department of Health and Human Services ('DHHS"), or their authorized representatives.
B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents,
statistical records, inventories of nonexpendable property acquired, and other records pertinent to
claims submitted during the Contract Period for a minimum of five(5)years after the termination of
the Contract Period, or for five (5)years after the end of the Federal fiscal year in which services
were provided if this Contract has no specific termination date. If any lifigation, 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 program/services,
the effectiveness of the services provided, and the attainment of output measures, evidence-based
performance measures and program goals listed in this Contract.
SECTION 8. SUBCONTRACTING
A. Subcontractor agrees not to sublet, assign,transfer, convey or otherwise dispose of this Contract or
any right, title,obligation or interest it may have 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-goverrimental
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
-28-
Attachment C®Standard Terms and Conditions
78415 CYD Program
Contract to any party other than Subcontractor for payment of any monies or for provisions of any
goods or services unless the Fiscal Agent in writing specifically agrees to such liability.
B. The Subcontractor further agrees to provide statements from Sub-subcontractors signed by an
official duly authorized to legally obligate the Sub-subcontractor and attest to the fact that it shall
provide the services as represented in this Contract, including the incorporated documents,with no
disruption to service delivery.A similar statement must be signed by each Sub-subcontractor who
will provide services as part of this Contract. Each Sub-subcontractor may be required to submit
ownership information and other information related to this Contract. The Subcontractor must
disclose to Fiscal Agent any and all information regarding the Sub-subcontractors as it pertains to
this Contract, during the Contract Period.
C. Subcontractor shall have protest procedures in place to handle and resolve disputes relating to its
procurement.
D. Any of the work or services specified in this Contract which shall be performed by other than
Subcontractor shall be evidenced by a written Contract specifying the terms and conditions of such
performance. Subcontractor shall maintain and adhere to an appropriate system, consistent with
Federal, State, and local law,for the award and monitoring of Contracts which contain acceptable
standards for ensuring accountability.
E. Subcontractor shall ensure that the performances rendered under all subcontracts are rendered so
as to comply with all the terms and provisions of this Contract as if the performances rendered were
rendered by Subcontractor,
SECTION 9. PUBLICITY
The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the
Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This
notice will also appear in the Subcontractor's 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 CYO Program funds.
B. Subcontractor shall give credit to the Department and Fiscal,,Agent as the funding source in all oral
representations,written documents, publicity and advertisements regarding any CYD activities.
Wording shall be as follows: A Program Funded through the City of Corpus Christi by the
Texas Department of Family and Protective Services.
C. Subcontractor shall not publish or cause to have published the results of its function and
participation in the program activity without prior review and approval by the Fiscal Agent and
Department.
SECTION 10. TECHNICAL ASSISTANCE
A. The Fiscal Agent will provide a central information system for complete information on each
participant and will maintain a central communication system for the proper and timely
disbursement of information and resource document&, The Fiscal Agent will provide technical
assistance found to be needed through performance reviews or monitoring reports.
-29-
Attachment C-Standard Terms and Conditions
78415 CYO Program
B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the
administration of this Contract. Subcontractor shall ensure the attendance of its director or other
specified personnel at such meetings.
SECTION 11. MONITORING AND ASSESSMENT
A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract
and to allow the Fiscal Agent and Department, and their representatives,to monitor, audit,
evaluate, and otherwise review the services provided and related documentation.
B, The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic
monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the
Subcontractor which may be conducted by the Fiscal Agent,the Department or DHHS, or their
authorized representatives,, and to be responsible for any audit exception or other payment
irregularity regarding this Contract or subcontracts,which may be found after review by the Fiscal
Agent,the Department or DHHS; and to be responsible for the timely and proper collection and
reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper
billing amount.
C. Representatives of the Fiscal Agent and Department may periodically,without advance notice,
monitor Subcontractor for compliance, financial management and performance of the terms and
conditions of this Contract. The monitoring process will include an analysis of program data
provided by the Subcontractor to assess the performance of this Contract and the quality of
services. Monitoring shall include review of results of criminal background checks and affidavits
required under this Contract of all Subcontractor employees or volunteers in direct client contact.
D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and
recommended corrective actions, if applicable, to Subcontractor.
E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty
(30)calendar days after receipt of the monitoring report with all corrective actions planned or taken
and specific detailed procedures and actions initiated to preclude any recurrence of the practices,
discrepancies, and irregularities identified in the monitoring report.
F. The Fiscal Agent or Department, as may be applicable, upon receipt of Subcontractors whtten
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 ors nars 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
-30-
Attachment C-Standard Terms and Conditions
78415 CYD Program
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,witNn
twenty-four(24)hours of discovery. Any missing, damaged,or destroyed property will be reported
immediately in writing to the Fiscal Agent and the Department and will include the circumstances
concerning the loss. An investigation shall be conducted by the Subcontractor to determine the
cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any
property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractors
own expense. In addition, in the event of any theft, vandalism, or other offense against the property
or equipment,the Subcontractor shall notify the appropriate local law enforcement authorities.
B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the
Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or
the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or
otherwise encumber any its of equipment purchased with Contract funds. The Subcontractor
agrees to permanently identify all equipment with appropriate tags or labels affixed to the
equipment and tom intai 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 ands nard
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, adsing
out of the administration and operations of programs funded under CYD Program. Non-discrimination
complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information
Form within 365 days of the action complained of. Non-discrimination complaints that do not allege a
violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of
the action complained of. Correspondence regarding a complaint or grievance should be directed to the
attention of the Fiscal Agent.
SECTION 15. INDEPENDENT AUDIT
The Subcontractor agrees to submit an annual financial and compliance audit of the Subcontractor's fiscal
year-end in accordance with the Single Audit requirements of OMB Circular A®133 (Audits of State, Local
Government, and Non-Profit Organizations).
re31-
Attachment C-Standard Terms and Conditions
7941S CYD Program
A, Subcontractor understands and agrees that it shall be liable for all costs associated with said audit.
& Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for any costs
disallowed as a result of said audit in accordance with the"Liability for Repayment" provisions of
this Contract, as set out in Section 4 of these Standard Terms and Conditions,
C The Fiscal Agent and Department reserve the right to conduct an independent audit of all funds
received under this Contract. The audit may be performed by the Fiscal Agent, a certified public
accounting fi rm, 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 Regulabons.
SECTION 16. PREVENTION OF COMELLCTING 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,ore ployee 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, ore loyees of the
Fiscal Agent or the Department.A permanent record of any transaction involving a Subcontractor
who is also a friend or associate of a member,officer, agent, or employee of the Fiscal Agent or the
Department shall be retained when it is in the public interest for the Fiscal Agent or the Department
to conduct business with such person.
D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected
officials shall not solicit nor accept money or any other consideration from Subcontractor or any
other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent
or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall
be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the
Department shall cast a vote on the provision of services by that member or by any Organization
which that member represents or vote on any matter which would provide direct financial benefit to
that member or any business or organization which the member directly represents.
32 m.
Attachment C®Standard Terms and Conditions
78415 CYD Program
SECTION 17. FRAUD AND ABUSE PREVENTION
A. Subcontractor shall establish, maintain, and utilize internal program management procedures
sufficient to provide for proper and effective management and the prevention of fraud and abuse in
all activities funded under this Contract.
B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the
Department, or applicable regulations, when such failure involves fraud or misappropriation of
funds, may result in immediate withholding of funds and termination of this Contract for cause.
C: Subcontractor shall ensure diligence in maintaining programs under this Contract including the
carrying out of appropriate monitoring activities and in taking immediate corrective action against
known violations of Department regulations.
D Subcontractor shall noti fy 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
offilcers, agents,representatives,and employees, from and against any and all claims or losses
for physical damage to property or Injury to persons resulting from negligence, misconduct, or
any act or omission on the part of the Subcontractor, its officers, agents, employees,
representatives, or Sub-subcontractors. In the event of loss, damage, or destruction of any
property due to the negligence, misconduct, act or omission of the Subcontractor, the
Subcontractor shall indemnffy and pay full cost of repair, reconstruction, or replacement,at the
discretion of the Fiscal Agent and Department Such costs a!1 be due and payable by the
Subcontractor within ten (10) calendar days after the date of receipt of wd n notice from the
Fiscal Agent or Department oft e 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 i n d e m n i f y the Subcontractor and any provisions t o t he
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 ACTIVITY/LOBBYING
The Subcontractor will not use any funding under this Contract to influence the outcome of elections or
the passage or defeat of any legislative measures.
No funds provided under this Contract may be used in any way to influence or attempt to influence in any
manner a member of Congress to favor or oppose any legislation or appropriation by Congress or for
lobbying with State or local legislators. Subcontractor shall comply with the requirements of New
Restrictions on Lobbying imposed by 29 CFR 93, dated February 26, 1990, clarified by Notice in the
Federal Register,Vol. 55, No. 116, dated June 15, 1990, and codified at 31 United States Code("USC")
1352, as amended, Subcontractor shall comply with the certification and disclosure requirements in
Attachment F to fts Contract.
-33-
Attachment C®Standard Terms and Conditions
78415 CYD Program
SECTION 21. NON-DISCRIMINATION,AND EgIJ L OPPORTUNITY
A. Subcontractor shall comply with all applicable Federal and State regulations and with Department
policies and procedures regarding services delivered under this Contract including, but not limited
to,the following:
1 Title VI of the Civil Rights Act 1962 (Public Law 88-352)
Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112)
Americans with Disabilities Act of 1990 (Public Law 101-336)
Age Discrimination Act of 1975
Title IX of Education Amendments of 1972
Food Stamp Act of 1977; and
The HHS agency's administrative rules, as set forth in the Texas Administrative Code,to the
extent applicable to this Agreement.
and all amendments to each, and all requirements imposed by the regulations issued pursuant
to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the
Texas Administrative Code, as amended. These laws provide in part that no persons in the
United States shall, on the grounds of race, color, national origin, sex, age, physical/mental
disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from
participation in or denied any aid, care, service or other benefits provided by Federal or State
funding or otherwise be subjected to discrimination;
2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and
confidentiality guidelines regarding AIDS and HIV;
3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification
and retention of verifi cation 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 verity 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
W34-
Attachment C-Standard Terms and Conditions
79415 CYD Program
and renewed every two years.
8, Comply with Federal State and local licensing and certification requirements, health and safety
standards, and regulations prescribed by the DHHS and TDPRS;
9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act,42 USC
7401 et seq., as amended, and the Federal Water Pollution Control Act, 33 US C 1251 et seq.,
as amended;
10. Immediately remove any agent, officer, employee, representative, or volunteer from direct client
contact who is alleged to have committed child abuse, neglect, or exploitation, or an offense
against the person, an offense against the family,or an offense involving public indecency
under the Texas Penal Code, as amended, or an offense under the Texas Controlled
Substances Act. If it is determined that the employee or volunteer has not committed such
offenses,the employee or volunteer may again be assigned to direct client contact; provided
however,the Subcontractor shall notify the Fiscal Agent and the Department of its intent to
reassign within ten (10)working days prior to the reassignment. The Subcontractor must
provide the Fiscal Agent and the Department with further information concerning the reasons
for the reassignment upon the request of the Fiscal Agent or the Department. If the employee
or volunteer is found to have committed any of the offenses listed in this paragraph,the
employee or volunteer shall not be reassigned to 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 (F FP) requirements in accordance with Titles 45 and 48 of the
Code of Federal Regulations and Federal circulars, as amended;
12. Allow any of Subcontractor's employees to testify in judicial proceedings and administrative
hearings, at the request of the Department or Fiscal Agent, and,
13. Mandatory standards and policies relating to energy efficiency which are contained in the State
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Public Law 94-163), as amended.
B. The Subcontractor shall have written participant and employee grievance procedures consistent
with applicable Federal and State requirements.The Subcontractor shall establish and maintain
complaint procedures to resolve all complaints arising direcfly 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 281.All reports must be made within
twenty-four(24) hours of the discovery of abuse, neglect, or exploitation,
-35-
Attachment C®Standard Terms and Conditions
78415 CYD Program
SECTION 23® HEALTH AND SAFETY STANDARDS
Health and safety standards established under Federal, State and local laws are applicable to working
conditions of participants in programs under this Contract. With respect to any participant in a program
conducted under this Contract who is engaged in activities which are not covered by health and safety
standards under the Occupational Safety and Health Act of 1970® as amended, the Fiscal Agent and the
Department may prescribe such standards as may be necessary to protect the health and safety of such
participants.
SECTION 2 . 1
A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall
apply: Insurance shall be provided for direct delivery of protective services and other services
under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and
insurance coverage within forty-eight(48)hours of the award of this Contract or at such other time
as may be specified by the Fiscal Agent or the Department.
1. Dishonesty bonding under a commercial crime policy or business services bonding, at a
$10,000.00 minim u m or up to the Contract amount,whichever is greater;
2. Commercial General Liability Coverage at a five hundred thousand dollar($500,000) minimum
for each occurrence limit and one million dollars($1,000,000)minimum aggregate limit. The
Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond
cancellation, intent to not renew, or material change in the policy or bond;
3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an
automobile, whether owned, leased, or non-owned in conducting its performance under this
Contract, is required which shall have a minimum required coverage of$500,000 combined
single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other
agents to utilize their own automobiles in the performance of this Contract, Subcontractor shall
secure and maintain on file from all such persons 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
employer's workforce.
B. All coverage must be with insurance companies or carriers rated for financial purposes'A"or better
whose policies cover risks located in the State of Texas. All bonds, policies, and coverage
described above shall be maintained during the entire to 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
-36-
Attachment C®Standard Terms and Conditions
78415 CYD Program
Standard Terms and Conditions.
E The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such
coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a
written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by
the Fiscal Agent,the Fiscal Agent shall not be responsible for the payment of premiums or
assessments on such policies.
SECTION 25. DEBARMENT AND SUSPENSION
X The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549,
Debarment and Suspension, 29 CF R Part 98, as amended, and, in so doing, provide to the Fiscal
Agent and the Department, upon Subcontractors 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 or Its principals are presently debarred,suspended,
proposed for debarment,declared Ineligible,or voluntarily excluded from participation In
this transaction by any Federal department or agency.
A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent.
B, Additionally,the Subcontractor shall comply with this regulation and requirement with regards to its
subcontractors, Subcontractor shall require the same certification from its subcontractors,which
shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as
required by Section 8(Subcontracting) of these Standard Terms and Conditions.
SECTION 26. NPILgE 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 Subcontractors expense, give the Subcontractor all information
needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney
General of Texas,
B. With respect to any invention resulting from this Contract,the Fiscal Agent and the Department
have a nonexclusive, non-transferable, irrevocable, paid-up license to practice or have practiced
the subject invention throughout the world.
C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in
•37-
Attachment C—Standard Terms and Conditions
78415 CYD Program
reasonable written detail each notice or claim of patent or copyright infringement based on the
performance of this Contract of which the Subcontractor has knowledge.
D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any
alleged patent or copyright infringement arising out of the performance of this Contract or out of the
use of any supplies furnished or work or services performed under this Contract,the Subcontractor
shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information
at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed
to indemnify the Fiscal Agent or the Department.
E. The Subcontractor agrees to include, and require inclusion of,this clause in all subcontracts at any
ter for supplies or services expected to exceed 15,000.
SECTION 27. DISCLOSURE OF CONFIDENTIAL IffORMATION
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. out 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.
How-ever Subcontractor's information may.be_subLect_toMquiredpublic 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 a s h aving 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 ®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.
-38,
Attachment C—Standard Terms and Conditions
78415 CYD Program
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 Agents obligation is contingent upon the availability of funds from which payment for the
Contract can be made. No legal liability on the part of the Fiscal Agent for payment of any money arises
unless and until funds are made available to the Fiscal Agent.
SECTION 32. TRAINER QUALIFIC TIONS
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.
8, 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
X 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..
I. requiring the Subcontractor to take specific corrective actions in order to remain in compliance
with any contractual provision;
2. to recoup payments made to the Subcontractor or impose administrative error sanctions based
on audit findings of violations of Contract requirements; and,
3. to suspend, place into abeyance or remove any contractual rights to include, but which are not
limited to, withholding of payment, cessation of placement and removal of all Contract rights,
-39-
Attachment C-Standard Terms and Conditions
78415 CYD Program
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
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 3 . F 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 used 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 entities 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
Subcontractors 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.
-40-
Attachment C-Standard Terms and Conditions
78415 CYD Program
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 Perform ance Measu res identified in Attachment A®1.
SECTION 38. SUBCONTRACTOR COMPLIANCE WITH PRIMARY 2QT
Subcontractor accepts and agrees to abide by all terms and conditions of the primary contract between
the City of Corpus Christ and the Texas Department of Family and Protective Services ('Primary
Contract")regarding the Community Youth Development Program. The Primary Contract is incorporated
by reference and the Subcontractor is bound to all the requirements,terms, and conditions of the Primary
Contract. The Primary Contract controls in the event of any conflict with this subcontract.
-41 -
Texas Dept.of Family Certifications Form 4733
and Protedive Services February 2010
The certifications enumerated below represent material facts upon is DFPS relies when
accepting a bid fortis solicitation. If the Department later determines that Potential Contractor
knowingly rendered an erroneous certification, DFPS may pursue all available remedies in
accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written
notice to DFPS if at any time Signor learns that any of the certifications provided for below were
erroneous when submitted or have since become erroneous by reason of changed
circumstances. ff the Signor cannot ffffy ce i
the accuracy of aff the statements contained in
this sec&on, Signor must Provide wilften notice to QFPS detalgaa hich of the below
statements it cannot
A. Certification Regarding D
Suspension,j neri Wilily, and employee of Congress, or an employee of a
A
Exclusion. Executive Orders 12549 and Member of Congress in connection with the
12689 require DFPS to screen each covered awarding of any federal contract, the making
Signor to determine whether each has a of any federal grant, the making of any
right to obtain a contract in accordance with federal loan, the entering into of any
federal regulations on debarment, cooperative agreement, and the extension,
suspension, ineligibility, and voluntary continuation, renewal, amendment, or
exclusion. Signor certifies the following: modification of any federal contract, grant,
1. That Signor is, to the best of its loan, or cooperative agreement.
knowledge and belief, not debarred, 2, If any funds other than federal
suspended, declared ineligible, or voluntarily appropriated funds have been paid or will be
excluded from participation in this solicitation paid to any person for influencing or
or any resulting contract. aftempting to influence an officer or
2. That Signor will not knowingly enter into employee of any agency, a Member of
any subcontract with a person who is Congress, an officer or employee of
debarred, suspended, declared ineligible, or Congress, or an employee of a Member of
voluntarily excluded from participation in this Congress in connection with this federal
covered transaction, unless authorized by contract, grant, loan, or cooperative
DFPS
rte U.S. Department of Health and agreement, the undersigned shall complete
Human Services. and submit Standard Form-LLL, Disclosure
3. That Signor will include this section Form to Report Lobbying, in accordance
regarding debarment, suspension, with its instructions.
ineligibility, and voluntary exclusion without 3. The Signor shall require that the language
modification in any subcontracts or of this certification be included in the award
solicitations for subcontracts. documents for subcontracts and that all
subcontractors shall certify and disclose
accordingly.
B. Certification Regarding L2bbying. 4. Payments of appropriated or other funds
State and federal law place restrictions on to Signor under any resulting agreement are
the use of state and federal funds in regard not prohibited by Texas Government Code
to lobbying. The Signor certifi es, to the best §556.005 or§556.008.
of its knowledge and belief, that:
1. In accordance with 31 U.S.C. §1352, no
federal appropriated funds have been paid C. Certification Regarding Child Support.
or will be paid, by or on behalf oft Signor, Under Texas Family Code Section 231.006,
to any person for influencing or attempting to the vendor or applicant certifies that the
influence an officer or employee of an individual or business entity named in this
agency, a Member of Congress, an officer or contract, bid, or application is not ineligible to
Page I of 3
HER-
Texas Dept.of Family Certifications Fonn 4733
and Protedive SerWoes February 2014
receive the specified r n , loan, or payment otherwise receiving ac u I notice of such
and c n l s that this contract may be conviction. l y convicted
terminated an n may be withheld if l y must provide notice, including
is certification is inaccurate. position title, to every grant officer or other
designee n whose grant activity the
convicted employee was working, unless the
D. federal s ncy s s i n t r l
Drug-Free ,Workplace Certification. of r receipt such notices. Notice
Signor c ifi s tit ill or ill continue shall include identification nu r( ) of
provide drug-free y: each r n ;
1. Publishing a statement notifying Taking one of the following actions, within
employees that the unlawful nu ctur , 30 calendar days of receiving notice under
distribution, i nsin , possession, or use paragraph )(4)( ), with respect to any
of a controlled substance is ro i it in employee o is so convicted—
grantee's or I c n specifying the . Taking appropriate personnel action
actions that ill ins employees against such n employee, up to
for violation of such ro i ii ; including r ion, consistent i
2.
Establishing n ongoing drug-free requirements oft ilit tion Act
awareness ro r to inform employees 1 , as n r
out Requiring such loy participate
a. The dangers of drug us in the satisfactorily in a drug us ssi t nc or
workplace; rehabilitation ro r r v for such
b. The grantee's policy of maintaining a purposes federal, state, or local health,
drug—drug-free workplace; law enforcement, or other appropriate
c. Any available drug counseling, agency;
rehabilitation, n l assistance in g a good faith continue o
programs; and maintain a drug-free or I c .
d. The penalties that may be imposed n
employees for drug abuse violations
occurring in the workplace; Anti-Trust Certification. Pursuant to 1
3. Making it a requirement that each c. 1, et serf. and Tex. Bus.
employee to be engaged in o nc e Comm. Code Sec. 15.01, et seq., Signor
of the grant given a copy of the statement certifies neither i nor nor the ,
required y paragraph (D)(1); corporation, n i , or institution
4. Notifying to in the statement represented by the Sinr, or anyone acting
required r r (D)(1) that, as a for such a firm, corporation, or institution has
condition of employment under the grant, the violated anti-trust laws of is state,
employee it federal anti-trust laws, m communicated
a. Abide the terms of the statement; and directly or indirectly the bi y
b. Notify I y r in ritin of is or her competitor r any other person engaged in
conviction for a violation of a criminal drug such line business.
statute ccu 'n in the o I c no later
than five calendar days after such
conviction-, Deceptive r Practices. Signor
5. Notifying t agency in writing, within ten certifies i s not n found guilty or
calendar days after receiving notice under liable of c iv Trade Practices Act or
paragraph (D)(4)(b) from an employee or any unfair business practice either in an
Page 2 of 3
Texas Dept of Farnity Certifications Form 4733
and Protective Services February 2010
administrative hearing or court suit within the concerning this certification may be
last 5 years. Signor certifies that it has no terminated and payment withheld if this
officers who have served as officers of other certification is inaccurate.
entities who have been f®u guilty or liable
of a Deceptive Trade Practices Act or any
unfair business practice either in an H. Financial lnterestsL_ GuMns. Signor
administrative hearing or court suit within the
last 5 years. Signor represents and certifies that neither Signor nor any person
warrants that within the last five years it has or entity that will participate financially in a
not been found guilty or liable of any contract has received compensation from
investigation or proceeding by any federal or DFPS f participation in preparation of
state securities regulator under any federal specifications for a contract. Signor certifies
or state securities laws or regulations. 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, td p,
G. Prohlbited.,_Respon es and Contracts. favor, or service to any public servant or
Pursuant to Texas Government Code employee in connection with a contract.
§2155.004-006, Signor certifies that the
individual or business entity named in this
form is eligible to receive the specified
contract and acknowledges that any contract
As the duly authorized representative (Signor) of the Potential Contractor, I hereby certify
that the Potential Contractor will comply with the above certifications.
-----------—-----
Anne Baker
Printed Name of Authorized Representative Signature of Authorized Representative
CPO
Title of Authorized Representative Date
Boys & Girls Club 23792861-1
Legal Name of Potential Contractor Procurement or Contract Number
Page 3 of 3