HomeMy WebLinkAboutC2006-109 - 3/21/2006 - Approved
CONTRACT
(Cover Sheet)
TITLE OF CONTRACT
CONTRACT NO:
Community Youth Development
CYD 2006-6b
This contract ("Contract") is entered Into by the City of Corpus Christi ("City" or "Fiscal Agent") and
the following named Subcontractor:
CITY:
City of Corpus Christi
P. 0, Box 9277
Corpus Christi, TX 78469-9277
Telephone: (361) 826-3466
FAX: (361) 826-3864
Contact Person Reba George
SUBCONTRACTOR:
Youth Odyssey, Inc.
PO Box 331394
Corpus Christi, TX 78463
Telephone: (361) 949-9299
FAX: (361) 855-8815
Contact Person: Jon Worbets
Subcontractor agrees to provide services in accordance with the provisions of this Contract and under
the Community Youth Development Program ("CYD") funded by the Texas Department of Family and
Protective Services ("DFPS") This Contract consists of the following attached documents which are
Incorporated herein by reference:
Contract (Cover Sheet)
Performance Measures (Attachment A-1 )
Statement of Work (Attachment A-2)
Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3)
Standard Terms and Conditions (Attachment C)
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the
information provided to the City is true and correct in all respects to the best of its knowledge,
information, and belief
The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the
availability of funds for such purpose under the funding sources:
CONTRACT PERIOD: From: March 1, 2006
Through: August 31, 2006
FUNDING OBLIGATION:
Not to exceed $16,507.00 for FY 2006 for Contract Period stated
above.
Executed in triplicate, each of which recognized as an original.
City of ,Corpus Christi
~c~_
Gear' . Noe
City Manager
Subcontractor:
Youth Odyssey, Inc.
By: 1&4~J Ca.c- 0~5_:01'''1'' ;'~J-'-i'!':;'~Uh
~i~~e:h.'~, co/( >'y ~h .-_;?2il.Q,f_
Date: J!t7!b' ..___....._....... _. _, ~
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fr~
2006-109
03/21/06
'\12006-084
\' outh Odvsse\
Attachment A-1
CONTRACTED PERFORMANCE MEASURES
(Community Youth Development Program Contracts)
PerCom1ance measures typically ll1clude outputs and outcomes. Output measures
demonstrate performance in terms of the quantity or volume of services provided, for
,'xample, the number of clients served, number and types of services, etc. Outcome
measures demonstrate performance in terms of the quality and impact of services and
\vhether or not the) have met intended goals/objectives. Outcomes relate to behavior,
skills, knowledge, attitudes. values. etc.
I hi..' City of Corpus Christl will contract with Service Providers to meet the following
perCom1ance measures beginning March I. 2006:
Output #1: Number of youth sen ed
Indicator: Number of unduplicated registered youth served during the contract
penod as reported through particIpation data entered into the Prevention and Early
Intervention Services database, which will be March 1,2006 through August 31,
~OU6 for the initIal contract period as established through this RFP. Unduplicated
means pm1iclpants will be counted once only during the contract period to determine
I hi:-. output, regardless of the number of programs in which they participate or the
llUmber of times they attend each program. A youth is counted the first time s/he
receIves a servIce during the contract period. Any participant who was registered and
counted in prevIOus years must be counted again when s/he receives her/his first
:-.enlce during the new contract period.
Target: 38
Vote: If adults \vill be served, a separate output measure wi II be included in the
contract for those pdrticipants.
Output #2: Timel) submission of Billings and Monthly Reports
Indicator: Percent of monthly billings and reports submitted within 7 days after the
close o1'a month otservice.
Target: 90lJ(
Output #3: Youth served under the age 0 l' 10 years.
Indicator: Percent of youth under the age of 10 years served does not exceed the
contracted percentage cap. This cap must be met each month by each individual
"en!ce If the cap is exceeded. those youth may be considered ineligible and costs
1ll3V be disal1o\\ ed
Target: 30""(,
Output #4: PartiCIpants involved in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted
d (41h \.>..lh,.
gra es . 0
Target: 900'(1
Output #5: Completed Asset Survey
I ndicator: Percent of youth registered by a service provider that complete an initial
(pre) asset survey and a follow-up (post) asset survey. Only those youth who are
Initially registered by a provider will be included in the calculation for this output.
Youth served by a provider, but whom another provider initially registered for the
('Y D program. will not be included in the calculation for this output.
Target: 50%
Output #6: Completed Satisfactlon Questions
Indicator: Percent of CYD youth that complete the five satisfaction questions at the
end of the follow-up (post) asset survey. Note that the follow-up survey, and not the
millal asset sur, ey. contains the satisfaction questions.
Target: 50~p
Outcome #1 : CYD youth have mcreased assets
Indicator: Average increase in the absolute number of assets for youth receiving
C1' D services. Data collected from completed Asset Surveys (see Output #4) will be
used to calculate thIS outcome. The initial (pre) asset survey, to be completed by
youth at the beginnmg of the contract period or when services are initiated, will be
compared to the follow-up (post) asset survey. Follow-up (post) asset surveys will be
completed at a time based on average length of service (to be determined by DFPS)
,lr when the youth leaves the program.
Target: Negotiated. During the contract period, collecting and reporting the data for
this outcome will be a reporting requirement. The data will be used to determine a
henchmark t~,r the Ilutcome
Outcome #2: CYD Participants Perceive Services as Effective
Indicator: Percent of youth that report CYD services had a positive impact. For
youth that participate in multiple services, one survey should be completed
corresponding to the first program service in which they participated.
Target: Negotiated During the contract period, collecting and reporting the data for
this outcome will be a reporting requirement. The data will be used to determine a
benchmark for the nutcome
Outcome #3: Non-referred (,YO vouth
I ndicator: Percent of C'{D youth report not referred to juvenile probation.
Target: 95~o
Note: Performance measures, lfIdicators and targets are set at the discretion of
f)FPS and may he (hanged at am lime. hut ~villnot he changed without due notice to
Fiscal Agenrs
Attachment A-2
STATEMENT OF WORK
Subcontractor:
Youth Odyssey
Program Name:
Adventure Challenge
SERVICES TO BE PROVIDED
el) Program Description: Youth Odyssey's adventure challenge programs meet the needs of
78415 youth by providll1g them with programs that promote the development of social skills,
enhances their self-confidence, and encourages constructive use of their discretionary time,
Outdoor activities that challenge the teens both physically and emotionally are an integral
component of all Youth Odyssey programming. Facilitated outdoor activities such as rock-
climbing, canoeing, kavaking, etc., teach the life skills that enhance the attributes and
behavlUrs necessary fOl at-risk vouth to become productive and healthy adults and avoid anti-
socIal hehavior.
Programming Sessions last 6 9 weeks and are comprised of the following:
· .4 Portable Ropes Course Challenge Sessions that will serve a max of 15 youth per
session. The onsite activities are two-hour sessions. Ropes Courses are a unique and
powerful way to foster team development and personal growth. The Portable Ropes
('hallenge Course consists of the \tlobile Climbing Wall (High Element) and the Portable
iow Elements. Portable Ropes Courses are typically 2-hour sessions for each element and
are conducted onsite at the refernng agency,
. 'Stationary Ropes Course Challenge Sessions that wIll serve a max of 14 youth per
session. These are trom 9:00 a.m, until 3:00 p.m. The Stationary Ropes Challenge Course
IS located on Hwy . 7 and is comprised of an all day session.
. One Adventure Wilderness Trip that will serve a max of I I youth on each trip. The trips
are from Friday afternoon ti II Sunday afternoon. Through the outdoor experience, in
addition to learnmg outdoor skllls, teens respond to physical challenges and learn to
"vcrcome obstacles through problem solving. Youth are gUlded through activities, which
,-'nahle them to builJ self-esteem. self-confidence, cooperation, leadership skills, and team
hudding. Teens expand their honzons beyond concrete and asphalt and to learn about
themselves, nature Jnd theiJ environment. Each youth spends 3 days with caring adults in
an environment that teaches them more effective ways of relating to others and healthier
\Vavs of valuing themselves Basic camp craft, hiking, and backpacking are taught on
each tnp. Youth arc also introduced to the concept of environmental stewardship through
L,cave No Trace" crhics. ThIS concept teaches an acceptance of personal responsibility
lor mamtaining the health and beauty of the natural environment.
. One Graduation Tnp that wIll serve a max of II youth on each trip. The trip is a local
t lvernight campout that includes parents, youth, and volunteers. Awards are provided for
,-'ach participant
\Vhether on an Adventure Wilderness Trip or on a Ropes Challenge Course, youth progress
through carefully planned activities that build leadership, problem-solving skills, trust,
teamwork, self-confidence, and communication skil1s.
Mentoring: Youth Odyssey's Adventure Wilderness Trips provide 78415 youth with the
opportunity to work beside an adult mentor in an outdoor environment. In many cases, this is
the lirst time a youth has an adult in his or her life in the role of a facilitator. Adult
V olunteers and Staff provide adult support and provide positive role models while taking an
active role m actlvitJes Outdoor programs offer an excellent way for adults and youth to
relate to one another where the emphasis does not rely solely on talk. Challenge Programs
shov.. the youth that adults too must face challenges and personal fears. Our programs provide
opportunities for groups OfYOUlh as \vell as adults to work together with a focus on
communication and cooperation skills.
Activities: Outdoor adventure provides real life problems and situations, thus youth are
exposed to problem-finding and problem-solving learning experiences. The activities are
designed to be fun and adventurous and allow for self-assessments of strengths and stumbling
blocks The lessons the youth learn from the hands-on experiences, where they are required to
use what they knO\\ are lessons that are powerful and are not soon forgotten.
Education: Our program improves the participating youth's life skills as well as increases
the youth's perception ,.)fhealthy life style choices. The Adventure Wilderness Trip Program
allows at-risk youth to be successful in building social and behavioral skills that will be
necessary to lead successful and productive lives and become our community's future
leaders. parents. and wage earners.
')) Inclusive Dates for Service Provision: March I, 2006 August 31, 2006
c) Goals of the Program/Service (to include the impact on iuvenile crime):
. 750/() of at-risk youth participating will show an increase in their self-confidence.
. 75'Lo of at-risk youth participating will show an increase in leadership skills.
Assessment Tool: .Youth Odyssey uses a pre and a post-test (at the end of the six-nine week
session) to assess the change in each youth. Other evaluative measures include a program
questionnaire, individual assessments by staff, trip journals, and 'speak-outs' in which teens
express their views on what they have learned and how it can apply to their lives at the end of
each activity. We also send a survey to the parents two weeks after the completion of each
session to assess changes they have observed in the youth.
Y ollth Odyssey programs encompass the goals of promoting healthy environments, life-
styles, and behaviors, including a capacity to successfully adapt to life changes and stresses.
Our programs for 78415 youth focus on youth development instead of punishment as a
deterrent to gangs, drugs and other anti-social behavior. Through Adventure Challenge
Programs, we gIve 784\ 5 youth the 100ls and guidance needed to combat the adversity in
their lives.
Outdoor experiential education IS about putting young people in a natural environment where
the rules are different. Age, money, clothes, status, gender, ethnicity, and other factors that
define v,:ho we are in our lives, count for very little in an outdoor program. What matters in
the outdoors are the central qualities of honesty, integrity, confidence, respect, and a strong
sense or self-wonh. Youth Odyssey programs provide opportunities for the youth's strengths
and weaknesses to come forth. Experiential education is about what happens inside of people
- grO\'vth and development. This is achieved by providing opportunities for youth to feel the
extraordmary sense of accomphshment wrought by succeeding at difficult activities such as
rock climbing or learning to navigate a canoe.
d) Days and Hours of provided services: The Adventure Wilderness trips take place on
weekends and holidays Exact program dates are chosen after a grant is awarded.
Reservations at Texas State Parks are made at that time. (Texas Parks & Wildlife require a
deposil with reservations and charge a cancellation or transfer fee). Dates for the Ropes
Challenge Course will:ake place in sessions coordinated through each agency's staff.
One session runs 6-y \\ eeks and consists of about 60 hours of direct youth service.
Throughout the year we complete 10-\ 5 sessions.
,-') Program location where the services will be provided: The following local agencies have
agreed to work with Youth Odyssey and have current or ongoing programs that will be
enhanced by our collaborative efforts. Youth Odyssey also works with state offices and
publiC schools. Agencies will be added throughout the year who serve at-risk youth. The
followmg agencies serve pockets of 78415 youth. Programming will be on a per unit basis.
. Council on Alcohoi & Drug Abuse - Coastal Bend
. Family Outreach
. Bokencamp
. Planned Parenthood of South Texas
. ThL' Woman's Shelter
f) How services will be available to youth and/or families without transportation: All youth are
provided transportation to and from the activities.
~ l "Safe passage" plan for youth and/or families without transportation: Youth Odyssey owns
two IS-passenger vans All youth are provided transportation to and from the activities.
Youth Odyssey's staff IS an experienced driver with valid driver's licenses. Prior to departing
to or from any activity site, the staff insures that all participants are properly wearing their
seathells. Youth Odyssey adheres to a strict maintenance schedule and maintains current
msurance coy erage
Whlle participatll1g in dctivities such as rock climbing, kayaking and hiking, all youth are
eqUipped with the necessary safety equipment. The items that are used, such as helmets,
harnesses, and ropes for climbing and Iifejackets, paddles and when necessary helmets for
kayakll1g, are inspected by a staff member prior to the youth engaging in an activity. All
eqUIpment is routinely lOspected for frays, cracks, breaks, or abrasions that may affect the
durability and safetv ofthe item.
h) Population to be served by the program : Youth ages 12 17 years who directly reside or
attend d school in the 78415 ZIP Code Since programming is voluntary, the target
population needs programs they find exciting and enticing and are age appropriate. Because
of the high Juvel1lle crime and refelTa] rate in the 78415 zip code area, the programs need to
be safe. healthy. and drug free acti\'ities. The programs must also have self-confidence
building opportunitIes. assist in the youth developing appropriate peer and adult
relationships, and prOVides opportunities for mastery and competence to address the problems
that lead to juvenile cnme.
Not Just any actIvity will interest our young people today. We must recognize there is a
significant "generatIon gap" when comparing the desired recreational pursuits of youth with
the typIcally organized programs by recreation professionals. Yesterday's ways of interesting
today's youth in the world around them is changing. This is even more critical for at-risk
youth. foday the name of the game is hands-on adventure challenges. We are forced to find
excltmg programs that compete with gang involvement, drugs, early sexual activity, and the
school drop out rate
Many youth appear to turn to anti-socIal behavior out of a desire to take risk or experience
new sensations. Risk taking and sensation seeking are normal for adolescents; our goal is not
to suppress these desires but to re-channel them into more desirable, socially acceptable
outlets and means of e:\ pression. such as our physically challenging adventures in outdoor
settlllgs
The number of youth and/or familv members to be served: approximately 38 students for the
contract period.
Description of how service programs will be culturally diverse: Youth Odyssey works
closely with local youth agencies serving at-risk youth. With this collaboration, Youth
Odyssey is able to serve a variety of cultures that is represented in the 78415 Zip Code areas,
at the same time. recognizing their needs. The program allows youth to be themselves
through outdoor activities.
K) Staffing plan, with personnel qualifications, job descriptions, criminal check verification, and
trainmg: A TT ACHMENTS OF JOB DESCRIPTIONS INCLuDED The Program Director's
position requires a degree in Psychology, Outdoor Education or related field with
professional field experience in hiking, backpacking, camping, rock climbing, canoeing, and
kayaking. Staff Traming Required: First Aid, CPR. Wilderness First Responder, Full Ropes
Course and LIfeguard certifications Must have experience working with youth in a camp
sett! ng
The mmimum age reqUirement for an Adult Volunteer is 18 years old. Although there are no
maximum age reqUIrements for adult volunteers, selection will be based on the ability of the
volunteer to perfom1 certain skills. Some rigorous physical activities such as hiking five to
ten miles a day carrying a 50-lb backpack is required on some trips. Past experience in the
outdoors is imperatIve 10 the selection of the volunteer for the Extreme Outdoor Activities.
Evidence of fitness and a release from a health care practitioner if a health condition is
present is mandatory. Youth Odyssey performs the same set of standards in selecting
volunteers as when hinng employees
All Volunteers with direct contact with youth need to be well versed in how to work with the
youth and to handle difficult situations that may arise. Volunteers are required to attend
classes provided by Youth Odyssey The classes will provide classroom instruction on
Prohlem IdentificatIon. Signs and Symptoms and Prevention and Maintenance of Aggressive
BehaVIOr. Volunteers with all Youth Odyssey activities must have current certifications in
Adult CPR
Volunteers with the Adventure Wilderness Program (that include belaying) and all Mobile
Climblllg Wall ActIvitIes require volunteers to have either documented instruction from a
nationally recognized climbing organization, or show mastery of belaying skills from Youth
Odyssey's Belay Trainll1g.
Our Program Director, Jon Worbets, has eleven years experience working with adjudicated
youth It1 a wilderness camp settmg and holds a Masters in Clinical Psychology with an
emphasis in Wilderness Therapv. Jon also holds a Bachelor of Arts in Psychology.
Jon has worked tl)f Youth Odyssey one year and comes to Youth Odyssey from Cariboo
ActIOn Training Societv (CATS) in British Colombia. CATS is a residential attendance
program for young male offenders which strives to affect change in the behavior of troubled
youth. Jon's strength lies in his ability to help youth explore their behaviors and helping them
to find ways to change the behavior. Jon's has a unique ability to help the youth make the
experiences they have understandable as metaphors for their daily lives.
Prior to participating ill any actIvity with the youth the staff and volunteers must have a local
and federal background check completed. In addition a telephone call is placed to listed
references.
II CYD ('LIENT REGISTRATION AND TRACKING SERVICES
a)\ ( unsen! Farm must be explained to every individual participating in every CYD Program.
ThIS foml authorizes paI1lcipation in CYD Programs and allows the Fiscal Agent,
subcontractor(s), TDFPS, and the state agency responsible for evaluating the Community
Youth Development Program to use the information provided by the participants for
t:valuation purposes
b) A. Registration Form must be completed for every individual participating in any CYD
Program for each fiscal year. The Registration Forms must be submitted monthly to the
Fiscal Agent with the monthly billing.
C) ,\ Monthly Participant Summary Sheet must be completed for every participant receiving
sen/lces( s) on a monthly basis. The Monthly Participant Summary Sheet must be submitted
monthly to the Fiscal Agent with the monthly billing.
Registration forms and Monthly Participant Summary Sheets must be submitted for each
month for which the subcontractor(s) request reimbursement for service/program costs.
!II. DOCUMENTA nON OF SERVICES
Documentation of all services provided to each Community Youth Development participant must
be mall1tained. All of the services listed on a Monthly Participant Summary Sheet must be
documented.
v. BILLING REQUIREMENTS
The Subcontractor will submit monthly billings specifying the costs incurred for each month of
service to the City representative listed below:
Parks & Recreation Department
A TIN: CYD Project Coordinator
City of Corpus Christi
P O. Box 9277
Corpus Christi, Texas 78469-9277
The monthly billing wi II consist of the following documents:
a. Budget Information Summary and Reimbursement Request.
b. Copies of invoices and bills
c. Monthly Participant Summary Sheet.
d. Registration/Consent Form (to include accurate and complete information prior to submitting
to the Fiscal Agent;
e. Anv Change of InfOlmation to participants registration/consent form
Subcontractor will adhere 10 the following billing schedule:
i EXPENDITURES THROUGH MONTHLY BILLING DUE DATE
March 1.2006 April 7, 2006
~ -"~.._-,--,--~<,-~ '.
April 30, 2006 May 7, 2006
, -,--_.._-
; May 3 ! , ~ 006 June 7,2006
i --.'--..,-'--.-.--.-.-.
June 30, 2006 July 7, 2006
! .-
j July 31.2006 August 7, 2006
I ,_.-,----,_._,--
, August 3 I , 200t) September 7, 2006
-----._"
\ EXPENDITURE SCHEDULE
Subcontractor agrees that If funds are not expended in accordance with Schedule A -
Subcontractor Estimate of FY 2()()5-2006 Expenditures by June 30, 2006, Subcontractorwi11 lose
any uncommitted funds in excess of$2,500, subject to reinstatement through the appeals process
set out below. Fiscal Agent will notify Subcontractor in writing ofthe pending budget reduction
in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If
Subcontractor docs not respond within ten (l 0) business days, then the budget adjustment will be
made and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the reduced
budget amount wlthm ten (10) business days thereafter. However, if Subcontractor disagrees that
excess funds are avallable, then Fiscal Agent and Subcontractor will meet at an agreed upon time
and Subcontractor will he given the opportunity to present their case. Fiscal Agent will make the
final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds.
Any excess funds forfei.ted by any Subcontractor v,ill be used for other CYD programs.
Schedule A - Subcontractor Estimate of FY2006 Expenditures
------r
'\tonth Estimated Percent of Total
Expenditures Bude:et
--
March 2006 $2750.00 16.6%
Apnl 2006 $2750,00 16.6%
May 2006 $2750,00 16.6%
June 2006 $2750,00 16.6%
July 2006 S2750,00 16.6%
-
August 2006 $2757 00 17.0%
L-....-._.______ ~
<\ TTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: March 1,2006 - August 31, 2006
Summary Budget
FY06
COST CATEGORY TOTAL
] (A) Personnel - Salaries $0.00
(8) Personnel - Fringe Benefits 0.00
(C) Personnel - Travel 0.00
2 Matelials and Supplies 0.00
3 Equipment 0.00
4. Other Costs * 16,507.00
TOTAL BUDGET $16,507.00
Cash Match
$0.00
In-kind Match
$0.00
*Billed as .1 "per unit' baSIS
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(1 a) Personnel - Salaries
FY06
:- A B C 0 E F
Position or Tale "Jumber of A verage Full Percent of Number of Cost
Staff for Time Monthly Time on Months (BxCxDxE)
Position Salary Budgeted Employed (Total)
Position
I 0.00
~ONE .- --- ..
.------.-
f--
~.. ..._~
:;-,~
i-
i-
!---...--.- -~..._._.,..
i- .--..------
i-
I Total 0.00
11'01' AL SALARIES --
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(1 b) Personnel - Fringe Benefits (Employer's Share)
FY06
:
Fringe Benefits Based
i Fringe Benefits Based on (ta) Salaries Paid* on (la) Salaries Paid
I NONE $0.00
,
r ".-....---.--...-..
!
,
!
!
>-
i
I TOTAL FRINGE BENEFITS $0.00
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(Ie) Personnel- Travel
FY06
I Type of Expense (transportation, Purpose (Destination and Total
food, lodging, mileage) Benefits to Program)
NONE $0.00
.--_.--_._-
- .-
TOTAL TRA VEL $0.00
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: March L 2006 - August 3], 2006
(2) Materials and Supplies
FY06
I Description and Basis for Cost Total
I NONE 0.00
I _.
I
I
I TOTAL CONSUMABLE SUPPLIES $0.00
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: March 1. 2006 - August 31,2006
(31 Rental, Lease, or Purchase of Equipment
FY06
.- .-..-
Method Used
Description and Basis for Valuation (lease, rent, purchase, Total
etc.)
NONE $0.00
-- -~'"
.-
.__._.<
^_...
-
TOTAL RENTAL, LEASE. OR PURCHASE $0.00
A TT ACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: March 1,2006 - August 31,2006
(4) Other Costs
FY06
Description and Basis for Cost Total
4 x Portable Team Challenge (0 $7.35 x 38 youth $1,117.00
2 x Ropes Challenge Course (W S27.50 x 38 youth 2,090.00
1 x Adventure Wilderness Trip (eL 5300.00 x 38 youth 11,400.00
I x Graduation TriD ([.v' $50.00 x 38 youth 1,900.00
TOT AL OTHER COSTS $16,507.00
sr BCONTRA( 'TO R:
CONTRACT PERIOD:
TITLE:
Youth Odysse~
\/02006 tL, 8d 1 2006
( 'ommunity Youth Development Program
Request No.
Reporting Month
Attachment B-2
BUDGETED INFORMATION SllMMARY AND REIMBURSEMENT REQUEST
Personnel - Salane,
TOT.\I
A mounl
Budgeted
0.00
000
1) YTO
Expended
(21 YTO
Invoiced
(1) - (2)
Amount
Requested*
*City Use
Only
Amnt. Paid
Personnel - Fringe
TO'f '\L
0.00
000
Personnel - Tr3\ c1
TOT '\L
0.00
0.00
Materials and Supplies
TOT '\l
0.00
000
RentaL Lease or Purchase
of EquIpment
TOTAL
0.00
000
Other Costs
Portable Team Challenge (41
Ropes Challenge (ourse (2 1
Adventure Wildemess Trip ill
Graduation Trip I
TOTAL
i,11700
2,09000
11,400.00
1,90000
16,50700
i 6,50700
roT.\L
* Amounts expended cannot ex-:eed am,)Unt budgeted
l CeJ11fy that the expenditures shown above are true and that Supp0l1ing documentation
IS attached to substantiate them
Subcontractor's Authorized Signature
Date
Payment AuthOlization Signature
Date
>\ttachment B-3
Bud2et Narrative
Youth Odyssey acti vitlcs are comprised of programming that is divided into sessions that
last 6 9 weeks. Each programming session includes the following activities:
4 Portable Ropes Course Challenge Sessions
2 Stationary Ropes Course Challenge
1 Adventure Wilderness Trip
1 Graduation Trip
To accommodate \\orkmg with CYD and Non-CYD youth during the 2005-2006 grant
period, Youth Odyssey will bill for only the CYD-eligible youth and the activities will be
charged on a unit-rate basis. We Will only charge for an activity completed by a CYD
youth.
Because the same actIvities Will be provided in the 2005-2006 grant period that were
prov ldcd in the completed 2002-2003 grant period, cost can be determined by examining
the cost per acti\ity of providing the completed 2002-2003 programming. (The
breakdown is shown below in the '02-'03 budget narrative section). And Youth
Odyssey's unit cost will remain the same for the 2005-2006 grant period as it was billed
in 2002-2003
The only change in thiS grant application from prior grants will be the change to a per
child/per activity billing system. We will bill CYD a specific amount per activity per
child. I r a chIld completes the session, it would be a total of $434.40 for the six - nine
weeks of programming We wtll only bill for CYD-eligible youth and only for activities
they attend. Y oUlh Odyssey anticipates serving a total of 30 youth and having them all
complete a SIx-nine ",eek session. Though we encourage completion of a session, the
priemg per actIvity allows for those who may not be able to complete all levels of
programming to sti II participate.
Below IS the breakdown of what it \vill cost to provide programming for CYD-eligible
youth. The Ct)st was ddennined by the actual cost to provide the same activities in '02-
'03 There IS no increase in cost. The 2002-2003 nalTative below will support with detail
how the following cost were calculated:
4 Portable Team Challenges $7.35 a youth X 4 sessions
2 Ropes Challenge Courses $27.50 a youth X 2 sessions
I Adventure Wilderness Trip $300 a youth X 1 trip
1 Graduation Ceremony Trip S 50 a youth X I trip
Total per youth for a completed session
--'~'-"----'---'- --..- ---- --------- ----~- ---- --'_.-~"---'------'- "--'--~~'-'---'--'--'-
= $ 29.40
= $ 55.00
= $300.00
= $ 50.00
= $434.40
Grant Request for 2(0)-2006 - $434.40 per session X 30 CYD youth = $13,032
THE EXPECTED COST BETWEEN MARCH 2006 and AUGUST 2006:
~ ~:;:Sb~h~~I:~;~~~er~~;$~~:~~ a/;::fb~2s::::~::s .-
I 1 Adyenture 'Vilderness Trip $300 a youth X 1 trip
I 1 Graduation Ceremony Trip $ 50 a youth X 1 trip
! Total per youth for a completed session
_.____.__.___.~._..__ _._________ _____ ____..._.._____..~ .____________m._______._ ______
= $ 29.40
= $ 55.00
= $300.00
= $ 50.00
= $434.40
Grant Request for 2005-2006 - $434.40 per session X 38 CYO youth = $16,507.00
The total grant for '02- 03 was for $35,765 and served a maximum number of 495 youth.
(The same voutll Hila uttend a Wilderness Trip advance to the Graduation Trip and are
not cOllnted twice)
f4PortableR~pes C~~r~e C-h~li~g~Sessi~~
i $7.345 per chilci 300 youth X S7.345 X 4 sessions
I
IStationary Ropes Course Challenge
: $27.50 per chilo 140 youth X $27.50 X 2 sessions
I Adventure Wilderness Trip
: $300 per chi ld 55 youth X $300 X I trip
IGraduation Trip
$50 per child 55 youth X $50 X 1 trip
TOT Al COST OF 2002-2003 PROGRAMMING
= $8,815
= $7,700
= 16,500
= $2,750
$35,765
Budget Detail - $35,765
. Personnel - Salaries - $15,500
! Program Director-
50'% of the Program Directors time will be spent on the implementation and
supervision of the Adventure Challenge Program for CYD-78415.
50% X 31,000 = $15,500
. Personnel- Fringe Benefits - $1,186
Fica and Medicare
The above salanes are $ I 5,973. Fringe benefits are calculated as follows: $15,500
X 7.65% (fica and medi) $1,186
. Personnel - Travel - $1,945
Adventure Wilderness - Includes all travel for pre/post trip and transportation to
and from campsite and reunion.
(\00 miles X .345 cents a mile X 5 trips $1,035
Mobile Ropes Challenge Course - Includes all travel to referral agencies and for
transportation of challenges to onsite locations.
20 miles X .345 cents a mile X 20 sessions $ 138
'{ Ropes Challenge Course - 137
SO miles X .345 cents a mile X 10 sessions S 172
4 Program Director - Staff Training
Flight $ 600
. Materials and Supplies- $750
Cleaning and Maintenance of Youth Odyssey's Van
Youth Odyssey is planning 5 Adventure Wilderness Trips. We have to clean
and maintain the van after trips.
$25 c leaning per trip $ 250
Photography - 'r outh Odyssey has been requested by CYD to provide photos and
recap of eac h trip
Photo and developing $ 100
()ffice Supplies- Basic consumable office supplies such as paper, pens, etc. Based
on prIor year's expenses $ 400
. Other Cost - $16,384
Staff Traming
Wilderness First Responder Certification $ 980
Training and Housing
Insurance
Van . 50% of the annual cost of 2 van lIlsurance
500,/0 X $4,717 $2,359
Wilderness .'\dventure Insurance
$8.25 X 15 participants X 5 trips
$11.00 X 15 participants X 5 trips $1,444
Mobile Climbing Wall Insurance
65 cents X 75 participants $ 49
Mobile Climbing wall Liability Insurance
40% of annual cost (54.700) is allotted
toCYD 78415 $1,880
~ C~anlping Fees
Youth Odyssey buys as 100 permit each year for unlimited
entry fees into the parks. 25% of this cost is allotted to
CYD ."78415. $ 25
Camp site fees
$60 per weekend X 5 trips $ 300
4. Adventure Wilderness Meals
Youth Odyssey spends $350 per trip to feed participants.
This includes food in route to campsite
$300 X 5 tflpS and $100 X 5 reunions $2,000
'1. Liverv Rental
2 Adventun: Wilderness Trips X $300 $ 600
I; Ropes Challenge Course $350 X 10 sessions $3,500
Program Printing
45% of the annual cost of the pnnting of youth packets
(includes applications, releases, itineraries, and
general lIlformation l. $ 483
:\. Program Postage
45 % of the annual cost of the postage to mail packets,
surveys. and evaluations. $ 225
'I Telephone
20% of tile annual cost of Youth Odyssey's telephone
and the Program Leader's cellular phone (provided for
emergency access during programming). $ 539
O. Contract Labor
Cost for Celtified Ropes Course Instructor to assist
Program Director with 10 sessions of Portable Challenge
Course.
$50 per sessIOn X 1 (I Sessions $ 500
Cost for Certified Ropes Course Instructor to assist
Program Director with 5 sessions of Stationary Challenge
Course.
$150 per session X 10 SessIOns S 1,500
In-Kind Match - $11,388
A. Rent $4,800
Office Space- Office space and storage space for the Mobile
Climbing Wall is donated.
Office
Van Storage
5500 X 12 months = $6,000
S300 per month X 12 months = $3,600
Total =$9,600
$9,600 :\ 50% CYD allotment
$4,800
B. Volunteer Time- $6.588
Every Adventure Wilderness Trip IS made possible by the
Donation of Volunteer time.
:3 volunteers X 5 trips X 48 hours per trip X $8.50 per hour $6,120
Fringe Benefit for Volunteer time $6,120 X 7.65% $ 468
Total $6,588
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. Youth Odyssey will
hereinafter be referred to as the Subcontractor. The Community Youth Development
Program will hereinafter be referred to as CYD Program.
SECTION 1. LEGAL AUTHORITY
Subcontractor assures and guarantees that it possesses the legal authority to enter into
this Contract, to receive the funds authorized by this Contract, and to perform the
services Subcontractor has obligated itself to perform under this Contract. The person
signing this Contract on behalf of Subcontractor hereby warrants that he/she has been
fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor
and to validly and legally bind the Subcontractor to all the terms, performances, and
provisions herein set forth.
Acceptance of funds under this contract acts as acceptance of the authority of the State
Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit
or investigate the expenditure of funds under this contract or any subcontract.
Subcontractor further agrees to cooperate fully with the State Auditor's Office or its
successor, including providing all records requested. Subcontractor will ensure that this
clause concerning the authority to audit funds received indirectly by subcontractors
through Subcontractor and the requirements to cooperate is included in any
subcontract it awards
The Subcontractor agrees to be in compliance with all applicable Federal, State and
local laws, including but not limited to, the following: 45 Code of Federal Regulations
("CFR") Part 92, Office of Management and Budget ("OMB") Circulars A-8?, A-122, A-
110, and 40 Texas Administrative Code ("TAC") 732.240-256 as applicable and
amended In the event of any conflict or contradiction between or among the
regulations referenced in this Contract, the regulations shall control in the following
order of precedence: 45 CFR Part 92, OMB Circulars A-8?, A-122, A-110, and 40 TAC
732.240-256
SECTION 2. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that the Fiscal Agent is contracting with
Subcontractor as an Independent contractor. No provision of this Contract or act of the
Fiscal Agent in performance of this Contract shall be construed as making
Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of
Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely
responsible for employee payrolls and claims arising therefrom.
SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS
A. This Contract is for the second six (6) months of the Department's fiscal year
contingent upon the availability and receipt of State or Federal funds that has been
allocated to the Fiscal Agent of this Contract.
R 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.
C. The Fiscal Agent agrees to pay the Subcontractor from available funds for each
service rendered in accordance with the terms of this Contract upon receipt of a
proper and verified statement and after deducting any known previous
overpayment made by the Fiscal Agent. If program income accrues, the
Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual
costs incurred for services rendered under this Contract. In no event shall
payments exceed the total budgeted amount as originally approved in this
Contract or as subsequently amended by both parties.
D. The basis for payment for services rendered under this Contract is indicated in the
service terms in the budget. The Subcontractor agrees to this basis for payment
and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent.
The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than
the Subcontractor's allowable and actually incurred costs consistent with Federal
and State regulations.
The method of payment is cost reimbursement. This means that costs should only
be billed after they have actually been incurred and have been paid by the
Subcontractor. Costs should be billed to the month in which they were incurred,
either on the primary billing voucher for that month or on a supplemental billing, if
they are not paid in time to include them on the primary voucher. Costs should not
be billed to the Fiscal Agent if they have not yet been paid.
E 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.
F Invoices must be submitted at least once a month as set forth in the Payment
Schedule as per Attachment A-2 of this Contract. Failure to comply with this
requirement will result in a delay in payment and will be subject to the provisions
concerning changes and amendments in this Contract.
- ,
L.-
G. Funds under this Contract cannot be earned prior to the first day nor after the last
day of the Contract Period.
H. The Fiscal Agent shall not be liable to Subcontractor for any charges under this
Contract which exceed the total funding amount specified.
All funds unearned or unexpended in the performance of this Contract shall be
retained by the Department.
J The Subcontractor is responsible for submitting bills in an accurate and timely
manner by the 7th 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
K. The Subcontractor understands and agrees that prior written approval must be
secu red:
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 expense/cost.
L For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a
total bill each month in the format prescribed by the Fiscal Agent and shall accept
as payment in full the Contracted unit rate reduced by an amount equivalent to the
required percentage of certified local resources as applicable.
SECTION 4. LIABILITY FOR REPAYMENT
A. Fiscal Agent retains the right to suspend financial assistance, in whole or in part,
to protect the integrity of funds or to ensure proper operation of programs,
provided Subcontractor is given prompt notice and the opportunity for a hearing
within thirty (30) days from such suspension.
B All payments under this Contract are subject to audit by the Department and the
Fiscal Agent. Subcontractor shall assume liability for repayment of funds
disbursed where such disbursement is subsequently determined to be improper or
unauthorized Subcontractor shall provide the Fiscal Agent with a feasible plan for
repayment of disallowed costs with non-Federal funds. Repayment of such funds
to the Fiscal Agent shall be in accordance with the Prompt Payment Act.
Subcontractor shall also repay to the Fiscal Agent any funds found to have been
paid for the same service from funds other than CYD Program funds. In the case
of duplicate payments, the Fiscal Agent may also withhold any earned funds of
Subcontractor under this Contract or any other Contract pending satisfaction of
any repayment obligations under this Contract or any other Contract due to
payments which were improper or unauthorized.
SECTION 5. CHANGES AND AMENDMENTS
The Subcontractor agrees to notify the Fiscal Agent immediately of any significant
change affecting the Subcontractor including, but not limited to, change of
Subcontractor's name or identity, ownership or control, governing board membership,
personnel, or payee identification number. Subcontractor shall provide notice in writing
to Fiscal Agent within ten (10) working days of change.
No changes or amendments to this Contract shall be made except in writing and signed
by both parties hereto, unless such change is in the form of a written notice of
modification or directive issued by the Fiscal Agent as described below.
A. The Fiscal Agent may give a notice of modification or directive in the event any
alterations, deletions, or additions are required due to changes in Federal or State
laws or regulations applicable to CYD programs, which changes shall take effect
automatically upon the effective date of such Federal or State laws or regulations.
B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's
actual costs to provide the services under this Contract and that the
Subcontractor's actual costs, both direct and indirect, must be allowable,
reasonable and allocable according to 45 CFR Part 92, OMS Circulars A-87, A-
122 A-110, 40 TAC 732.240-256, and any other applicable regulations.
C The Fiscal Agent may give a notice of modification or directive to reduce the level
of funding under the Contract In the event of a reduction of funding to the Fiscal
Agent under any Federal, State or local program.
D, The Fiscal Agent may issue a policy directive that shall have the effect of
establishing, interpreting, clarifying or qualifying the terms of this Contract. Such
policy directives may not alter the terms of this Contract in order to relieve the
Fiscal Agent of any obligation to pay for performance rendered or costs incurred
by Subcontractor prior to the date of such directive.
E. The Fiscal Agent may give a notice of modification to increase the amount of
funds available under this Contract if such funds become available and it is in the
best interest of the Fiscal Agent to do so without the solicitation of additional
proposals.
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SECTION 6. ACCOUNTING REQUIREMENTS
The Subcontractor agrees to adhere to Generally Accepted Accounting Principles
promulgated by the American Institute of Certified Public Accountants and to follow
Fiscal Agent and Department fiscal management policies and procedures in submitting
timely billing and maintaining financial records required to be kept under this Contract.
SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS
A. The Subcontractor agrees to submit service delivery reports required by this
Contract, self-evaluations of performance, and other reports requested by the
Fiscal Agent or Department in appropriate format and on a timely basis; and make
available at reasonable times and for reasonable periods client records and other
programmatic or financial records, books, reports, and supporting documents for
reviewing and copying by the Fiscal Agent, the Department, the U.S. Department
of Health and Human Services (UDHHS"), 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 litigation, claim, or audit
involving these records begins before the five (5) year period expires, the
Subcontractor will keep the records and documents for not less than five years
and until all litigation, claims, or audit findings are resolved. The case is
considered resolved when a final order is issued in litigation, or a written
agreement is entered into between the Department/Fiscal Agent and the
Subcontractor. Contract Period means the beginning date through the ending
date specified in the original Contract; extensions are considered to be separate
Contract periods.
C. Subcontractor shall complete and submit all necessary data on participants
enrolled in its program and must do so according to instructions and definitions
prescribed by the Department and the Fiscal Agent.
D. Failure to submit required reports to the Fiscal Agent may result in withholding by
the Fiscal Agent of any payments otherwise due until such time as the
Subcontractor meets the delinquent obligations.
E. Subcontractor shall submit a self-evaluation report within 45 days following the end
of the Contract Period. The self-evaluation report should address the
accomplishments of the program/services, the effectiveness of the services
provided, and the attainment of output measures, evidence-based performance
measures and program goals listed in this Contract.
SECTION 8. SUBCONTRACTING
A. Subcontractor agrees not to sublet, assign, transfer, conveyor otherwise dispose
of this Contract or any right, title, obligation or interest it may have therein to any
third party without prior written approval of the Fiscal Agent, which includes full
disclosure of the particulars of such agreement and special assurances that such
third party shall comply with all provisions of the governing laws, the terms and
conditions of this Contract, State of Texas policies, Federal regulations and Fiscal
Agent policies, including the qualifications of the Subcontractor to perform and
meet standards of this Contract and the Community Youth Development Plan of
Operation. A non-governmental Subcontractor shall assume full liability for any
third party actions and shall hold harmless the Fiscal Agent, the Department, and
the State of Texas from the actions of any third party. Failure by a non-
governmental Subcontractor to inform the Fiscal Agent of the intent to involve any
third party shall relieve the Fiscal Agent, the Department, and the State of Texas
of any and all liability and may result in initiation of procedures to terminate this
Contract, among other remedies that Fiscal Agent or Department may be entitled
to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any
party other than Subcontractor for payment of any monies or for provisions of any
goods or services unless the Fiscal Agent in writing specifically agrees to such
liability.
B. The Subcontractor further agrees to provide statements from Sub-subcontractors
signed by an 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.
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SECTION 9. PUBLICITY
The Subcontractor agrees to place prominent notices acknowledging the funding it
receives from the Fiscal Agent and Department in all of its literature that describes
services covered by this Contract. This notice will also appear in the Subcontractor's
annual financial report, if any is issued. Additionally, the Subcontractor agrees to the
following
A. When issuing statements, press releases, requests for proposals, bid solicitations,
and other documents describing projects or programs funded in whole or in part
with CYD Program funds, Subcontractor shall state the percentage of the total
costs of the program or project which will be financed with those CYD Program
funds.
B Subcontractor shall give credit to the Department and Fiscal Agent as the funding
source in all oral representations, written documents, publicity and advertisements
regarding any CYD activities. Wording shall be as follows: A Program Funded
through the City of Corpus Christi by the Texas Department of Family and
Protective Services.
C Subcontractor shall not publish or cause to have published the results of its
function and participation in the program activity without prior review and approval
by the Fiscal Agent and Department.
SECTION 10. TECHNICAL ASSISTANCE
A The Fiscal Agent will provide a central information system for complete information
on each participant and will maintain a central communication system for the
proper and timely disbursement of information and resource documents. The
Fiscal Agent will provide technical assistance found to be needed through
performance reviews or monitoring reports,
B The Fiscal Agent may schedule staff meetings, other meetings or training sessions
to assist in the administration of this Contract. Subcontractor shall ensure the
attendance of its director or other specified personnel 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
Subcontractor's written response to the monitoring report, shall evaluate the
corrective action plan and determine whether the corrective action plan shall be
undertaken, whether an alternative plan is needed, or whether the goals or
standards need to be modified Regardless of the course of action taken, the
Fiscal Agent shall ensure that positive actions, procedures, and practices are
initiated to preclude recurrence or non-compliance. Upon written request, the
Fiscal Agent shall provide technical assistance to Subcontractor in correcting the
deficiencies noted. Fiscal Agent shall conduct follow-up visits to review pending
deficiencies and to assess the efforts made to correct them. If such deficiencies
persist, Fiscal Agent may withhold funds and move to terminate this Contract.
c.; 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
- s
Contract and take appropriate measures to meet this obligation. All such property
will be adequately safeguarded against vandalism, loss, damage, or theft.
Subcontractor must acquire and maintain property insurance for any and all
equipment purchased with CYD Program funds. The Fiscal Agent, the
Department, and the appropriate authorities shall be notified in writing in the case
of theft, or suspected theft, within twenty-four (24) hours of discovery. Any
missing, damaged, or destroyed property will be reported immediately in writing to
the Fiscal Agent and the Department and will include the circumstances
concerning the loss. An investigation shall be conducted by the Subcontractor to
determine the cause, and the results shall be reported in writing to Fiscal Agent
and the Department. Any property missing, damaged or destroyed shall be
replaced by the Subcontractor. at Subcontractor's own expense. In addition, in the
event of any theft, vandalism, or other offense against the property or equipment,
the Subcontractor shall notify the appropriate local law enforcement authorities.
B The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding
the return to the Department of any equipment bought under this Contract with
funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor
agrees that it will not give any security interest, lien, or otherwise encumber any
item of equipment purchased with Contract funds. The Subcontractor agrees to
permanently identify all equipment with appropriate tags or labels affixed to the
equipment and to maintain a current inventory record of the equipment which must
be made available to the Fiscal Agent and the Department upon request.
C" The property shall be maintained in good condition at all times. Unless waived by
the Fiscal Agent and Department, all maintenance and repair costs associated
with any property shalr be borne by the Subcontractor. All property must be
returned to original condition, except for normal wear and tear, prior to return of
the property to the Fiscal Agent
SECTION 13. YEAR 2000 COMPLIANCE
Subcontractor has full responsibility to anticipate and mitigate any four-digit-year
related events that could adversely affect the timely performance of this Contract
or the date-related operations of any goods, files, or services provided pursuant to
it. Subcontractor warrants the fault free performance in the processing of date and
date-related data by any product developed and delivered to Fiscal Agent
pursuant to this Contract. Fault-free performance includes manipulation of data
with dates prior to. through, and beyond January 1, 2000, and during leap years.
Subcontractor agrees that all software developed and delivered pursuant to the
contractual requirements herein shall use four-digit-year elements. Subcontractor
further agrees that four-digit-year elements will be used in any electronic data
interchange that may occur with the Fiscal Agent as a result of this Contract.
Subcontractor shall not be entitled to additional compensation or additional time to
perform these obligations.
_ l_i _
SECTION 14. TAXES
The Fiscal Agent and the Department will not be liable for Federal. State, or local excise
taxes incurred by or assessed against Subcontractor. The Subcontractor must be able
to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section
1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of
Internal Revenue Service Form W-2s to common law employees. The Subcontractor is
responsible for both Federal and State unemployment insurance coverage and
standard workers' compensation insurance coverage. The Fiscal Agent and
Department will not be liable to the Subcontractor or its employees for any
unemployment or workers' compensation coverage, or Federal or State withholding
requirements. The Subcontractor must comply with all Federal and State tax laws and
withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and
Department and pay to the Fiscal Agent or Department all costs, penalties, or losses
whatsoever occasioned by the Subcontractor's omission or breach of this section.
SECTION 15. DISPUTES
The Fiscal Agent is responsible for hearing any grievances, including disputes, claims
or protests, arising 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 16. INDEPENDENT AUDIT
The Subcontractor agrees to submit an annual financial and compliance audit of the
Subcontractor's fiscal year-end in accordance with the Single Audit requirements of
OMB Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations).
A. Subcontractor understands and agrees that it shall be liable for all costs
associated with said audit.
B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for
any costs disallowed as a result of said audit in accordance with the "Liability for
Repayment" provisions of this Contract, as set out in Section 4 of these Standard
Terms and Conditions.
C The Fiscal Agent and Department reserve the right to conduct an independent
audit of all funds received under this Contract. The audit may be performed by the
Fiscal Agent, a certified public accounting firm, or other auditors as designated by
the Fiscal Agent or the Department. Such audit will be conducted in accordance
with applicable professional standards and practices.
D. In the event a final audit has not been performed prior to termination of this
Contract, the Fiscal Agent shall retain the right to recover funds after fully
considering the recommendations on disallowed costs resulting from such final
audit.
E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its
Sub-Subcontractors shall immediately report to the Fiscal Agent and the
Department any incidents of fraud, abuse, or other criminal activity in the relation
to the provisions of this Contract or applicable State Regulations.
SECTION 17. PREVENTION OF CONFLICTING INTERESTS
A. Every reasonable course of action shall be taken by the Subcontractor to maintain
the integrity of this expenditure of public funds and to avoid favoritism and
questionable or improper conduct. This Contract shall be administered in an
impartial manner, free from personal, financial, or political gain. Subcontractor, its
executive staff, and employees, in administering this Contract, shall avoid
situations that give an appearance or suggestion that any decision was influenced
by prejudice. bias, special interest or desire for personal gain.
B. No member, officer, agent, or employee of the Fiscal Agent or the Department
who exercises any functions or responsibilities in the review or the approval of the
undertaking or carrying out of this Contract shall participate in any decision relating
to this Contract which affects his/her financial interest.
C. Executives and employees of Subcontractor shall be particularly aware of the
varying degrees of influence that can be exerted by personal friends and
associates and shall exercise due diligence to avoid situations which give rise to
an appearance or assertion that favorable treatment is being granted by friends
and associates who are also members, officers, agents, or employees of the
Fiscal Agent or the Department. A permanent record of any transaction involving a
Subcontractor who is also a friend or associate of a member, officer, agent, or
employee of the Fiscal Agent or the Department shall be retained when it is in the
public interest for the Fiscal Agent or the Department to conduct business with
such person
D. Members, officers. agents, and employees of the Fiscal Agent or the Department
and elected officials shall not solicit nor accept money or any other consideration
from Subcontractor or any other third person for the performance of an act
reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies,
materials, equipment, or services purchased with Contract funds shall be used
solely for the purposes allowed under this Contract. No member of the Fiscal
Agent or the Department shall cast a vote on the provision of services by that
member or by any organization which that member represents or vote on any
matter which would provide direct financial benefit to that member or any business
or organization which the member directly represents.
SECTION 18. FRAUD AND ABUSE PREVENTION
A. Subcontractor shall establish, maintain, and utilize internal program management
procedures sufficient to provide for proper and effective management and the
prevention of fraud and abuse in all activities funded under this Contract.
B. Failure on the part of Subcontractor to comply with the provisions of this Contract
or with the Department, or applicable regulations, when such failure involves fraud
or misappropriation of funds, may result in immediate withholding of funds and
termination of this Contract for cause.
C. Subcontractor shall ensure diligence in maintaining programs under this Contract
including the carrying out of appropriate monitoring activities and in taking
immediate corrective action against known violations of Department regulations.
D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the
fastest means available, upon discovery of any incident of fraud, or suspected
fraud, involving this program.
SECTION 19. INDEMNIFICATION
The Subcontractor shall indemnify and hold harmless the Fiscal
Agent and the Department, their officers, agents, representatives, and
employees, from and against any and all 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 indemnify and pay full cost of
repair, reconstruction, or replacement, at the discretion of the Fiscal
Agent and Department. Such cost shall be due and payable by the
Subcontractor within ten (10) calendar days after the date of receipt of
written notice from the Fiscal Agent or Department of the amount due.
The State of Texas, Department, and Fiscal Agent, and their
respective employees, officers, agents, and representatives can
neither agree to hold the Subcontractor harmless nor agree to
indemnify the Subcontractor and any provisions to the contrary are
void.
,....,
- l.L
SECTION 20. 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 21. POLITICAL ACTIVITY/LOBBYING
The Subcontractor will not use any funding under this Contract to influence the outcome
of elections or the passage or defeat of any legislative measures.
No funds provided under this Contract may be used in any way to influence or attempt
to influence in any manner a member of Congress to favor or oppose any legislation or
appropriation by Congress or for lobbying with State or local legislators. Subcontractor
shall comply with the requirements of New Restrictions on Lobbying imposed by 29
CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55,
No. 116, dated June 15, 1990, and codified at 31 United States Code ("USe") 1352, as
amended Subcontractor shall comply with the certification and disclosure requirements
In Attachment F to this Contract.
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. Subcontractor shall comply with all applicable Federal and State regulations and
with Department policies and procedures regarding services delivered under this
Contract including, but not limited to, the following:
1 Title VI of the Civil Rights Act 1964 (Public Law 88-352), Section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112), The Americans with
Disabilities Act of 1990 (Public Law 101-336), and all amendments to each,
and all requirements imposed by the regulations issued pursuant to these
Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter
73, of the Texas Administrative Code, as amended. These laws provide in part
that no persons in the United States shall, on the grounds of race, color,
national origin, sex, age, 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 verification forms for any individuals
who will perform any labor or services under this Contract;
4 Establish a method to ensure the confidentiality of records and other
information relating to clients according to applicable Federal and State laws,
- 1 ~
rules, and regulations. This provision does not limit the Fiscal Agent's or the
Department's nght 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;
S Promptly report any suspected case of child abuse or neglect to the
appropriate Child Protective Services offices within the Department as
required by the Texas Family Code, Chapter 261, as amended. All reports
must be made within 24 hours of the discovery of abuse or neglect;
6 If specific qualifications are set forth in job descriptions required by the
Department, only personnel with the required qualifications will be assigned to
fill functions unless a written waiver is granted by the Department;
7 Verify and disclose, or cause its employees and volunteers to verify and
disclose criminal history and any current criminal indictment involving an
offense against the person, an offense against the family, or an offense
Involving public indecency under the Texas Penal Code as amended, or an
offense under Chapter 481 of the Texas Health and Safety Code. This
verification and disclosure will be required of all who have direct contact with
clients or who have access to personal client information prior to such contact
or access, and shall be accomplished through use of (a) a criminal history
background check and (b) a signed declaration by each employee or volunteer
testifying to this information, both of which shall be maintained by the
Subcontractor available for review by the Fiscal Agent or the Department and
renewed every two years
8 Comply with Federal ,State and local licensing and certification requirements,
health and safety standards, and regulations prescribed by the DHHS and
TDPRS,
9 All applicable standards, orders, or regulations issued pursuant to the Clean
Air Act, 42 USC 7401 et seq" as amended, and the Federal Water Pollution
Control Act. 33 USC 1251 et seq., as amended;
10 Immediately remove any agent, officer, employee, representative, or volunteer
from direct client contact who is alleged to have committed child abuse,
neglect, or exploitation, or an offense against the person, an offense against
the family. or an offense involving public indecency under the Texas Penal
Code, as amended, or an offense under the Texas Controlled Substances Act.
if it is determined that the employee or volunteer has not committed such
offenses, the employee or volunteer may again be assigned to direct client
contact; provided however, the Subcontractor shall notify the Fiscal Agent and
the Department of its intent to reassign within ten (10) working days prior to the
reassignment. The Subcontractor must provide the Fiscal Agent and the
Department with further information concerning the reasons for the
- 14
reassignment upon the request of the Fiscal Agent or the Department. If the
employee or volunteer is found to have committed any of the offenses listed in
this paragraph, the employee or volunteer shall not be reassigned to duties
involving any direct contact with clients. Subcontractor may request that the
Fiscal Agent and Department waive this Contract provision with respect to a
specific employee or volunteer and specific misdemeanor charges;
11. Federal Financial Participation (FFP) requirements in accordance with Titles 45
and 48 of the Code of Federal Regulations and Federal circulars, as amended;
12. Allow any of Subcontractor's employees to testify in judicial proceedings and
administrative hearings, at the request of the Department or Fiscal Agent; and,
13. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163), as amended.
B The Subcontractor shall have written participant and employee grievance
procedures consistent with applicable Federal and State requirements. The
Subcontractor shall establish and maintain complaint procedures to resolve all
complaints arising directly or indirectly out of this Contract.
C As subcontracts and supplier contracts become necessary to carry out the
requirements of this Contract, Subcontractor covenants to make a good faith effort
to contract with historically underutilized or disadvantaged businesses certified as
such by the State of Texas. Subcontractor shall make a good faith effort to
contract at least thirty (30) percent of the total value of all subcontracts and
supplier contracts for the performance of the activities required by this Contract to
historically underutilized or disadvantaged businesses.
SECTION 23. HEALTH AND SAFETY STANDARDS
Health and safety standards established under Federal, State and local laws are
applicable to working conditions of participants in programs under this Contract. With
respect to any participant in a program conducted under this Contract who is engaged
In activities which are not covered by health and safety standards under the
Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the
Department may prescribe such standards as may be necessary to protect the health
and safety of such participants.
SECTION 24. INSURANCE
A. When Subcontractor is not a governmental entity with taxing authority, the following
provisions shall apply: Insurance 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-
- 15
eight (48) hours of the award of this Contract or at such other time as may be
specified by the Fiscal Agent or the Department:
1 Dishonesty bonding under a commercial crime policy or business services
bonding. at a $10,000.00 minimum or up to the Contract amount, whichever is
greater;
2 Commercial General Liability Coverage at a five hundred thousand dollar
($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 owr. 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 term of Contract awarded Lapse of any coverage or bond required herein
shall be considered breach of Contract and Contract awarded shall be immediately
cancelled
C. The Department may waive all or part of these insurance requirements at its
discretion
D. When Subcontractor is a governmental entity with taxing authority, Subcontractor
shall be required to provide only the workers' compensation insurance coverage,
as set out above, but shall also be subject to the indemnification provisions
-- 16
contained in Section 19 (Indemnification) of these Standard Terms and
Conditions.
E. The Fiscal Agent shall be named as a Certificate Holder on all policies named
above and such coverage shall not be canceled or materially changed unless, 30
days prior to the effective date, a written notice is sent to the Fiscal Agent at the
address specified In this Contract. Unless waived by the Fiscal Agent, the Fiscal
Agent shall not be responsible for the payment of premiums or assessments on
such policies
SECTION 25. DEBARMENT AND SUSPENSION
A. The Subcontractor shall comply with the Federal regulations implementing
Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as
amended, and, in so doing, provide to the Fiscal Agent and the Department, upon
Subcontractor's signature and execution of this Contract and prior to Fiscal
Agent's execution of this Contract, a certification bearing the following statement:
Subcontractor certifies that neither it nor its principals are presently
debarred, suspended, proposed for 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. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
A. In developing, copying, and disseminating reports or other information under this
Contract, the Subcontractor agrees to the following:
1 Grant to the Department the right to copyright, use, reproduce, and distribute any
material written or produced by the Subcontractor that is the subject of this
Contract; and
2 Defend any claims, suits, or proceedings brought against the State of Texas,
the Department or the Fiscal Agent on the issue of infringement of any
copyright by any product, or any product part, supplied by the Subcontractor to
the Fiscal Agent or Department under this Contract. The Subcontractor will
pay, subject to limitations specified in this section, any final judgment entered
against the State of Texas, the Department, or the Fiscal Agent on this issue
in any suit or proceeding defended by the Subcontractor. The Subcontractor
will be relieved of this obligation if, within 30 days after the Fiscal Agent and
Department receive notice, the Fiscal Agent or Department fails to notify the
Subcontractor in writing of any claim, suit, or proceeding and, at the
Subcontractor's expense, give the Subcontractor all information needed to
defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney
General of Texas.
B. With respect to any invention resulting from this Contract, the Fiscal Agent and the
Department have a nonexclusive, non-transferable, irrevocable, paid-up license to
practice or have practiced the subject invention throughout the world.
C. The Subcontractor shall report to the Fiscal Agent and the Department within 30
days and in reasonable written detail each notice or claim of patent or copyright
infringement based on the performance of this Contract of which the
Subcontractor has knowledge.
D. In the event of any claim or suit against the Fiscal Agent or the Department on
account of any alleged patent or copyright infringement arising out of the
performance of this Contract or out of the use of any supplies furnished or work or
services performed under this Contract, the Subcontractor shall furnish to the
Fiscal Agent and the Department, when requested, all evidence and information at
the expense of the Fiscal Agent or the Department except where the
Subcontractor has agreed to indemnify the Fiscal Agent or the Department.
E The Subcontractor agrees to include, and require inclusion of, this clause in all
subcontracts at any tier for supplies or services expected to exceed $15,000.
SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION
Subcontractor agrees to maintain the confidentiality of any information regarding
applicants, program participants, and their immediate families which may be obtained
through application forms, interviews, tests, reports from public agencies or counselors,
or any other source. Without the permission of the applicant or participant, such
information may be disclosed only as necessary for purposes related to the
performance or evaluation of this Contract and to persons having responsibilities under
this Contract. However, Subcontractor's information may be subiect to required public
disclosure under the Texas Public Information Act, Chapter 552 of the Texas
Government Code.
SECTION 28. COMMUNICATIONS
All notices and requests given to or made to the parties must, except as otherwise
specified. be in writing and delivered or mailed at the notice addresses specified on the
Cover Sheet of this Contract. The parties may change their notice addresses upon five
(5) written days notice to the other party. Any notices or requests are deemed given
upon actual delivery or depositing the same with the U.S. Postal Service, properly
addressed, postage prepaid, certified mail, return receipt requested.
SECTION 29. GENERAL STANDARDS OF PERFORMANCE
A. Subcontractor agrees that the level of services and activities performed shall be
maintained in accordance with the terms and conditions of this Contract.
B. The Performance Measures, Attachment A-1 to this Contract, Statement of Work,
Attachment A-2 to this Contract, Budget, Attachment B-1 to this Contract, and
Budget Narrative, Attachment B-3 to this Contract, constitute promised
performance under this Contract. If Subcontractor fails to meet the performance
goals for any monthly period as specified under this Contract, this Contract is
subject to obligation or termination in accordance with this Contract.
SECTION 30. ENTIRE AGREEMENT
A. All oral or written agreements between the parties relating to the subject matter of
this Contract made prior to the execution of this Contract have been incorporated
herein.
B. Subcontractor understands and agrees that the Attachments designated on the
Cover Sheet of this Contract are a part of this Contract and constitute promised
performance by Subcontractor under this Contract.
SECTION 31. CONTINGENT ON FUNDING
This Contract is at all times contingent upon the availability and receipt of Federal or
State funds that the Fiscal Agent and Department have allocated to this Contract; and if
funds for this Contract become unavailable during any budget period, this Contract may
be immediately terminated or reduced at the discretion of the Fiscal Agent or
Department.
The Fiscal Agent's obligation is contingent upon the availability of funds from which
payment for the Contract can be made. No legal liability on the part of the Fiscal Agent
for payment of any money arises unless and until funds are made available to the
Fiscal Agent.
SECTION 32. TRAINER QUALIFICATIONS
A. Subcontractor agrees to ensure that instructors, trainers, counselors and other
professional and paraprofessional staff shall be properly certified where required
by the Federal, State or local laws. Subcontractor agrees to ensure that
instructors" trainers, counselors professional and paraprofessional and other staff
shall possess education, training, and or experience to provide the skills,
knowledge, and abilities necessary to perform the duties of the position. The
Fiscal Agent or Department reserves the right to review and approve all staff
qualifications and certifications.
B. Staffing personnel must be maintained at the level negotiated and contracted for
between the Subcontractor and the Fiscal Agent. Changes in staff positions or
reduction in hours shall be immediately reported to Fiscal Agent for review and
approval.
C. Subcontractor agrees and understands the performance of work proposed"
negotiated, and contracted for must be maintained at the level agreed upon at
initiation of this Contract. Any deviation from these requirements must be reported
to Fiscal Agent. Failure to maintain qualified personnel, the required level of
performance, approved curriculum, and other pertinent quality control standards
required by the Fiscal Agent and Department may constitute a breach of this
Contract, grounds for termination of this Contract by the Fiscal Agent or the
Department. and refund of amounts to Fiscal Agent or Department.
SECTION 33. TERMINATION
A If the Subcontractor fails to provide services according to the provisions of this
Contract, the Fiscal Agent or Department may, upon written notice of default to the
Subcontractor, 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 or take other
actions, including, but not limited to:
1 requiring the Subcontractor to take specific corrective actions in order to remain
in compliance with any contractual provision;
2 to recoup payments made to the Subcontractor or impose administrative error
sanctions based on audit findings of violations of Contract requirements; and,
3 to suspend, place into abeyance or remove any contractual rights to include,
but which are not limited to, withholding of payment, cessation of placement
and removal of all Contract rights.
C If Federal or State laws or other requirements are amended or judicially interpreted
so that either party cannot reasonably fulfill this Contract, and if the parties cannot
agree to an amendment that would enable substantial continuation of the services,
the parties shall be discharged from any further obligations under this Contract.
o This Contract may be terminated at any time by mutual consent. In addition, either
,
L
party to this Contract may consider it to be canceled by giving 30 days advance
written notice to the other party. This Contract will be terminated at the end of the
30 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 1/ of the General Appropriations Act passed by the 75th Legislature
of the State of Texas, as it may be amended.
SECTION 34. FORCE MAJEURE
The Subcontractor agrees to be financially liable for undue delays or failures in Contract
performance except for any delay in or failure of performance of any requirement
caused by force majeure (i.e., those causes generally recognized under Texas law as
constituting impossible conditions), Such delays or failures to perform shall extend the
period of performance at the discretion of the Department, in the exercise of reasonable
diligence, until these exigencies have been removed. The Subcontractor shall inform
the Fiscal Agent and the Department in writing of proof of such force majeure within
three (3) business days or otherwise waive this right as a defense. The Subcontractor
agrees that breach of thiS provision entitles the Fiscal Agent or Department to reduce or
stop payments, immediately terminate this Contract, collect partial or whole payment for
services not timely delivered, collect other liquidated damages including the amount of
any bond for Contract amount, and any other remedies available to the Fiscal Agent
and Department under the terms of this Contract, in equity, or under Texas law.
- 21
MarC'
oew 1 Lq I.,i<,
/VcrlJets 561,.4::'; 0299
1 €Ixas Dept of Family
;;md PtOtectivH Service!>
Contractor Assurances
(with Certification)
p.01
Fonn 4733
September 2004
Failure to respond "yes" to all applicable assurances could result in no award or the nonrenewat of your
contract with the Department.
Contractor has no unresolved audit exception(s} with the Department An unresolved @ves 0 No
audit exception IS an exception for which the Contractor has exhausted all administrative
and/or judicial remedies and refuses to comply with any re::lulting demand for payment
<" The amounts listed below are the only amounts that the Contractor owes to the
Department for ,walts or recoupment (If none, m@rk "yes" and indicate "0" or "none" in
the space below)
3 Contractor has not sold or transferred ownership of any Department payments due to
Contractor to any third party. W'hich wOUld reSUlt In such paymenb being made to the
tt1ird party
4 Contractor agrees to accept training, tec:hnlc~1 a~8i3tance and monitoring from the
Department and/or its authorized representatives.
t> Contractor certllles ttli;1t the Contrector'g Gtaff or govQrning authority has not participated
in the development of specific criteria for award/renewal of this contract, and will not
participate in the selection of applicants awarded contracts.
6 Contractor has not retained or promised to retain an agent or utilized or promised to
utilize a consultant who has participated In the development of specific criterla for the
awardfmnewal of this contract. nor will participate in the selection of successful
appticants awarded this contract
..,
Contractor agrees to provide the Department with information necessary to validate any
statements made in this contracting/renewal process if requested by the Department.
This may include, but IS not limited to, allowing access for on-site observation, granting
pennlssion for the Department to \'erify Information with third parties, allowing inspection
of Contractor records, and alloWing Inspection of plan:s for complianO$.
8 Contractor understands that failure to substantiate any statements made in the
contracting/renewal proce,.::;, when :lub15tentiation ie reque!:ted by th@ Department. could
cause the Contractor to fall to receive a contract or to fail to have its contract renewed.
'-J Contractor agree5 to comply with regulation~, poliCieS and procedures as specified by
the Department as they relate to particular programs or services under this contract.
10 Contrl;;lctor will tiubrnit any bills required on a calendar~month basis
11 Contractor has written, or will have written by the effective date of this contract, or itS
ran8V1f81, Personnel Policies that comply with federal and state regulations and policies.
12. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88~
352), Section 504 of the Rehabilitation Act of 1973 (PUblic Law 93-112), the Americans
with Disabilities Act of 1990 (Public Law 101-336), and all Its amendments to each, and
all requirements imposed by the regulations issued pursuant to these acts. In addition,
the Contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative
Code. These proVIde in pan that no person:) in tl1e United $t.atee shall, on the grounds
of race, color, national origin, se)(, age, disability, political beliefs or religion be eXCluded
from participation in, or denied, any aid, care, service or other benefits provided by
Teaeral andJor state funding. or otherwiEioG be subjGcted to discrimination. Contractor
further agrees to comply with Health and Safety Code Section 85.113 relating to
workplace and confidenti;;lIity guidelines regarding AIDS and HfV
rives 0 No
Ql"Yas DNa
Jyes DNO
[if'ves DNo
re(ves 0 No
~e$ 0 No
dYes DNa
~es DNo
~es DNa
~es DNo
urYes DNa
r'lAP c'0-20C1E:, f'lC1tJ 1 c': 4[1
r e:L : 3618:3038t:.'-!
tlAt1E: C. C. PARK'::; & RECREATIClH
P. 1
t',!fj;
Vla'cf
'f)
Ncrbets A) 1 . .40.-1.1'-'9:,1
p02
iexas oept or Flllruiy
and ProtectiYe SetVlcef.
Contractor Assurances
(with Certification)
Form 4133
September 2004
14 Contractor certifies that tlie Contractor s organization has not nad a contract terminated
or been denied the renewal of any contract for noncompliance with policies or
regulations of any state or federally funded program within the past 24 months.
15 Contractor will make available, at reasonable times and for reasonable periods, client ~es 0 No
records, books and supporting documents pertaining to services provided for inspecting,
monitoring, auditing, or evaluating oy Deportment per:sonnel or their rgpresentatives.
~es 0 No
riV€K: 0 No
, 3 CootractOl llses generally accepted accounting procedures for fiscal management.
16 Contractor certrfles that funds requested in thiS contracting/renewal process will not be rn-Yes 0 No
used to replace federal, state or local funding
17 Contractor will mainta;n case records and statistical Information as required by the gYes 0 No
Department.
18. If Contractor plans to utilize a subcontractor, the written subcontract will comply with this ~es 0 No
contrect end other relevant Department policies/procedures and will be approved by the
Department in accordance with the Department's subcontract approval procedures for
residential child care contracts
19 Conn-actor has written, or Will have wlitten by the effective date of Ulls contract/renewal, ~ea 0 No
peens for the handling of client complaints and grievances
20, Contractor will establish a method to ensure confidentiality of record~ and other rz'Yes 0 No
Information relating to clients according to apphcable federal and slate law, rules, and
regu&ations This provision does not limit the Department's right to access records under
this contract
21 Contractor will comply witl1 all requests of the Department to meet federal regulations ~es 0 No
and with all terms of the contract
CER:TIFICATION: I certify tI1~t the information reported in this contractJrenewalls, to the best of my
knowleCge1 complete and accurate; that the named legal entity has authorized me, as its representative,
to .....It this contract/renewal; and that the legal entity will comply with ;;all terms of the contractJrenewal,
incllldlag meeting all screening criteria. I have attached a Corporate Board of Directors Resolution, or
simlar document authorlling me to enter Into contracts on behalf of this legal entity.
! r
I' --- \...~
~'Y''\..-- L' -, - -
Signature of AuthoriZed Representative
~ 3: / '2 {.lIt-it'.
Date I '
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Texas Dept of Family
and Protective Services
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion for Covered Contracts
Form 2046
May 2004
Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services
(DFPS) to determine whether each potential contractor has been debarred or suspended or proposed
for debannent or suspension under 48 CFR part 9, are inetigible, as defined in 45 CFR ~76.105(i) or
has accepted a voluntary exclusion. Each covered contractor must also make the same determination
for each of its covered subcontractors. Contractors and subcontractors are both referred to as lower
tier participants in this Certification.
Ins~ns for Certification
By """g and submitting this proposal, the prospective lower tier participant is providing the
certification set out below:
1 The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
2 The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances, whether the circumstances occur before the contract begins, during the term of the
contract, or during the term of an extension of the contract.
3 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meaning set out in the Definitions and Coverage sections of federal
rules implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
4 The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
Do you ha~ or do you anticipate having subcontractors under this proposed contract?
o Ves ~ No
5 The prospective lower tier participant further agrees by submitting this proposal that it will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by
whtch it determines the eligibility of its principals. Each participant may, but is not required to, check
the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
fexas Oept of Family
and Protective Services
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion for Covered Contracts
Form 2046
May 2004
7 Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
8 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension andlor debarment.
Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transactions
Indicate in the appropriate box which statement applies:
[!( The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
OR
o Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant has attached an explanation to this certification.
---1t~\~ od~;(~ . :!~c.
Neme of Potential ontra or
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Vendor 10 No. or Social Security No.
oFPS Contract No. (if applicable)
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Sign re of Authorized Representative
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p 03
fQxas Depl of Family
and rrotechve ScuvlGes
Certification Regarding Federal Lobbying
(Certifjc~tion for Contf'lilcts, Grants. Loans. and Cooperative Agreements)
Form 2047e
May 2004
PREAMBLE
Federallegislat.lOn, Section 319 of Public Law 101 121 generally prohibit::; entit~ from using federally appropriated funds
to lobby the executive or legislative branches of the federal government Section 319 specifically requires disclosure of
certain lobbying activities A federal government-Wide rule, "New Restrictions on Lobbying," published in the Federal
Register, February 26,1990 requires certification and dit\l;;l~ure in specific InGlances and dQfines terms:
Covered Awards and Subawards - Contracts, grants, and cooperative agreements over the $100,000 threshold need
(1) c;ertifications and (2) dISClosure~, if required. (See certification tQrm number 2 conceming disclosure.)
Lobbying _ To lobby means "to influence or attempt to influence an officer or employee of any agency (federal), a
memoer of Congre~lj, an officer or employee of Congres~, or an employee of a member of Congress in connection with
any of the following covered federal actions:
. the awarding of any federal contract
. the makIng of any federal grant,
. the making of any federal loan,
. the entenng into of any cooperative agreement, and
. the exten~ion. continuation, renawllIl, emendment. or modification of any federal contract, grant, loan or
cooperative agreement"
Limited U5e of Appropri:;at@d Funds Not ProhibIted ~ The prohibition on using appropriated funds does not apply to
activities by one's own employees With respect to
. liaison activities with federal agencies and Congress not directly related to a covered federal action;
providing any information specificaUy requested by a federal agency or Congress;
. discussion and/or demonstration of products or services if not related to a specifiC solicitCltion for a covered
action; or
profeSSIOnal and technical services in preparing, submitting or negotiating any bid, proposal or application tor a
federal contract, grant loan or cooperative agreement or for meeting legal requirements conditional to receipt of
any federal contract, grant, loan or cooperative agreement (The prohibition also does not apply to such
services provided by nonemployees for the same purposes)
Professi...... and Technical Services - professional and technical services shall be advice and analysis directly
applying ...y professional or technical expertise Note that the professional and technical services exemption is
specificaly limited to the ments of the matter
Other Altow8ble Activities _ The prohibition on use of federally appropriated funds does not apply to influencing activities
not In connection with i:i specific covered federal action These activities include those related to legislation and
regulations for a program versus a specific covered federal action
funds 0Ih<< Then Fedoral Appropriations - There IS no federal restriction on the use of nonfederal funds to lobby the
federal government for contracts, grants, and cooperative agreements
ApplicalMlity of Othflr State and Federal Requirements - Neither the government-wide rule nor the law affect either (1 )
tl1e appli(;ability of cost prinCiples in OMS circulars A-87 and A-122, or (2) riders to tile Texi;l5 State Appropriations Act~
which disallow use of state funds for lobbying
TERMS OF CERTIFICATION
This cef1ifjcation applies only to the instant federal action for which the certification is being obtained and is a material
represenlatiOn of fact upon which reHance was placed when this transaction was made or entered into. submission of this
certification is a prerequisite for maKIng or entering into thi~ tflllns(lction impoliOoo by section 1352. title 31. U.S. Code. Any
person who fails to file the required certificatIOn shall be subject to a civil penalty of not less th9f1 $10,000 and not more
than $100,000 for each such failure
The undersigned certifies, to the best of his or her knowledge and belief, that
No federally appropriQtgd fund~ havQ been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer
or employee of Congress, or an employee of a member of Congress in connection with the awarding of any
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Texas Dept d Farrllly
and ProtectNe SeNlce~
Certification Regarding Federal Lobbying
(C9rtiflcation for Contracts, Grants, Loans, and Cooperative Agreements)
Form 2047e
May 2004
federal contract, the making of any federal grant. the making of any federal loan, the entering into of any
cooperatIve agreement. or the extension, continuation, renewal, amendment. or modification of any federal
contract. grant, loan, or cooperative agreement
f If any funds other than federally appropnated funds have been paid or will be paid to any person for influencing
or attempting to Influence an officer or employee of any agency, a member of CoogreGs, an offiCf',lr or employee
of Congress, or an employee of a member of Congress in connection with this federally funded contract,
subcontract, 5ubgrant, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLl, "Disclosure Form to Report Lobbying," in dccordanco with its in!;tructions (If needed. contact your
Texas Department of Family and Protective Services procurement officer or oontract manager to obtain a copy
of Standard Form-LLLi
3 The undersigned shall require that the language of tfIis certification be included in the award documents for all
covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants. loans, and
cooperatIve agreement!>) and that:all covered sLJbrecipien1s shall certify and disclose accordingly.
Do you heYe or do you anticipate having covered subawards under this transaction?
o Ye'S 0 No
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DFPS Contract No.
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