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Home My WebLink AboutC2006-422 - 9/12/2006 - Approved CONTRACT (Cover Sheet) TITLE OF CONTRACT CONTRACT NO. Community Youth Development CYD 2007-6 fhis oontract ("Contract") IS entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and the folowing named Subcontractor aTY: City of Corpus Christl P. O. 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) 361-991-0476 FAX: (361) 361-991-0476 Contact Person: Christine Griffin Subcentractor 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 Incol'JlOrated 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) SubQilMltractor agrees to abide by all terms and conditions specified herein, and it certifies that the info_ticn provided to the City is true and correct in all respects to the best of its knowledge, infollft8tion, and belief The tlbligations of the City of Corpus Christi under this Contract are expressly contingent upon the availlblllty of funds for such purpose under the funding sources: CONTRACT PERIOD From' September 1, 2006 Through: August 31, 2007 FUNDING OBUGA TION: Not to exceed $ 31,839.00 for FY 2007 for Contract Period stated above. Exe-..ted in triplicate, each of which recognized as an original. A mST: ArmftI~ City Secretary Leg. form approved. q- -i' 2006; Subcontractor: Youth Odyssey Inc. ~).:;--r(v,,_~c.. ;..:.~ :"n By: City Name: 1':h Title: By /t..~ G,..f Name: , M ('f"JV ;G~::" .~) 1.. AtfI HO!<u.b- Title: PP... ~ 5 OJ In i ..1 Date: c(,1>11 " COU"Cll__~ .~~. ~fr.tETAIY 2006-422 09/12/06 M2006-286 Youth Odyssey 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Youth Odyssey, Inc. T A.BLE OF CONTENTS Contract Cover Sheet Page No. Table of Contents ............................. i Contracted Performance Measures (Attachment A-I) .... .. ................................1 Statement of Work (Attachment A-2).. ...................................4 Budget Information Forms (Attachment B-1) . . ................................17 Reimbursement Request Form (Attachment B-2) .. . . . . .. . . . .. .. .. . .. .. .. .. .. .. . .. . ... 24 Budget Narrative (Attachment B-3) ..................................25 Standard Terms and Conditions (Attachment C) Sections I ") 4 <:; h 7 8 9 10 [ 1 18 19 20 2] ')"t ....;. 23 24 . ,...............................28 .. , Legal Authority Independent Contractor Financial Limitation Liability for Payment Changes and Amendments Accounting Requirements Record Keeping/Reporting Requirements Subcontracting Publicity Technical Assistance Monitoring and Assessment Property Year 2000 Compliance Taxes Disputes Independent Audit Prevention of Conflicting Interests Fraud and i\buse Prevention Indemnification Sectarian Involvement Prohibited Political Activity/Lobbying Non-Discri mination and Equal Opportunity Health and Safety Standards Insurance 12 13 14 15 16 17 28 29 30 31 32 33 34 2~ 26 Debarment and Suspension Notice and Assistance Regarding Patent and Copyright Infringement Disclosure of Confidential Information Communications General Standards of Performance Entire Agreement Contingent on Funding Tramer Qualifications Termination Force Majeure 1" ..:;..J Subcontractor Assurances with Certification (Attachment D) Certification Regarding Debarment (Attachment E) Certification Regarding Federal Lobbying (Attachment F) 11 ~-"'- Attachment A-1 Youth Odyssey CONTRACTED PERFORMANCE MEASURES (Community Youth Development Program Contracts) Performance measures typically include outputs and outcomes. Output measures demonstrate performance in terms of the quantity or volume of services provided, for example, 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 whether or not they have met intended goals/objectives. Outcomes relate to behavior, skills, knowledge. attitudes. values, etc The City of Corpus Christi will contract with Service Providers to meet the following performance measures for contract period, September 1, 2006 thru August 31, 2007. Output #1; Number of youth served Indicator: Number of unduplicated registered youth served during the contract period as reported through participation data entered into the Prevention and Early Intervention Services database. which will be September 1, 2006 through August 31, 2007 for the initial contract period as established through this RFP. Unduplicated means participants will be counted once only during the contract period to determine this output regardless of the number of programs in which they participate or the number of times they attend each program. A youth is counted the first time slhe receives a service during the contract penod. Any participant who was registered and counted in previous years must be counted again when s/he receives her/his first service durmg the new contract period Target: 72 Note: If adults will be served, a separate output measure will be included in the contract for those participants Output #2: Timely submission of Billings and Monthly Reports Indicator: Percent of monthly billings and reports submitted within 7 days after the close of a month of service Target: 90% Output #3: Youth served under the age of 10 years -I 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 service If the cap is exceeded. those youth may be considered ineligible and costs may be disaIlowec! Target: 2"% Output #4: Participants involved in mentoring services Indicator: Percent of youth involved in mentoring services are within the targeted grades (4th 8th) Target: 90% Output #5: Completed Asset Survey Indicator: Percem 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 mitially 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 CYD program, will not be included in the calculation for this output. Target: 800'0 Output #6: Completed Satisfaction 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 initial asset survey. contains the satisfaction questions. Target:SO%. Outcome #1: CYD youth have mcreased assets Indicator: Average increase in the absolute number of assets for youth receiving CYD services. Data collected from Protective Factor Surveys (see Output #4) will be used to calculate this outcome. The initial (pre) Protective Factor survey, to be completed by youth at the beginning of the contract period or when services are initiated, will be compared to the follow-up (post) Protective Factor survey. Follow- ') - .:.. -<<-- up (post) Protective Factor surveys will be completed Follow-up (post) Protective Factor surveys will be completed between 15 days prior to and 15 days after the four month annl\!ersarv of the youth having completed the initial asset inventory or when the youth leaves the program, whichever comes first < Target: Minimum net 10% increase in youth protective factors. Outcome #2: CYD Participants Perceive Services as Effective Indicator: Percent of youth that report (YD 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: 80%) Outcome #3: Non-referred CYD youth Indicator: Percent of CYD youth report not referred to juvenile probation. Target: 95% Note: Perjiwmance measures, indicators and targets are set at the discretion of DFPS and may be changed at an}' time, hut l1'ill not be changed without due notice to Fiscal Agents. Attachment A-2 STATEMENT OF WORK S.bcontractor: Youth Odyssey Program Name. Adventure Program I. SERVICES TO BE PROVIDED ]) Describe the service to be provided. in detail: Outdoor Challenge Programs are memorable experiences. A willingness to challenge oneself physically and emotionally is an integral component of Youth Odyssey's programming. Pushing oneself this way enhances self-reliance, self-confidence, leadership skills and communication skills Programming Sessions last 6 9 weeks and are comprised of the following: 4 Portable Ropes Course Challenge Sessions that will serve a max of ] 5 youth per session. The onsite activities are t\\o-hour sessions 2 Stationary Ropes Course Challenge Sessions that will serve a max of ] 4 youth per session. These are from 9:00 am. until }.oo pm. One Adventure Wilderness Trip that will serve a max of 11 youth on each trip. The trips are from Friday afternoon till Sunday afternoon One Graduation Trip that will serve a max of 11 youth on each trip. The trip is a local overnight campout that includes parents, youth. and volunteers. A wards are provided for each participant. Description of Programming: IA PORTABLE AND STATIONARY ROPES CHALLENGE COURSE Ropes Courses are a unique and powerful way to foster team development and personal growth. The Portable Ropes Challenge Course consists of the Mobile Climbing Wall (High Element) and the Portable Low Elements. Portable Ropes Courses are typically 2-hour sessions for each element and are conducted on sIte at the referring agency The Stationary Ropes Challenge Course is located on H wy 37 and is comprised of an all day session Low Elements During the low elements portion of a Ropes Challenge Course, the focus is on the team. Activities draw on the knowledge and ideas of every group member and require the participation and cooperation of the entire team Activities are performed on or close to the ground, gradually increasing in difficulty so the team can learn from its successes and build trust and confidence as obstacles are overcome. ~ 4 - - High Elements The High Elements of a Ropes Course emphasizes individual challenge and accomplishments and is built on the team development and trust established on the Low Elements. The High Elements are an extremely powerful developmental tool because of the perceived risk of each activity. The High Elements allow the youth to expand their comfort zones and overcome fears that can block personal development and achievement The High Elements of the Portable Ropes Course is the Mobile Climbing Wal' Processing at the closure of each experience includes reflection, evaluation and goal review to help the youth derive meaning from the experience and how it applies to their lives. II. ADVENTURE WILDERNESS TRIP PROGRAM The wilderness is a place where nature is dominant and situations and their consequences are real. Camping in these conditions, away from the distractions of modern civilization fosters self- reliance, respect and a sense of responsibility for youth's own actions. Youth Odyssey's programs are designed based on the nationally recognized National Outdoor Leadership Schools (NOLS) and Outward Bound Through the outdoor experience, in addition to learning outdoor skills, teens respond to physical challenges and learn to overcome obstacles through problem solving. Youth are guided through activities, which enable them to build self-esteem, self-confidence, cooperation, leadership skills, and team building. Teens expand their horizons beyond concrete and asphalt and to learn about themselves, nature and their environment. Each youth spends 3 days with caring adults in an environment that teaches them more effective ways of relating to others and healthier ways of valuing themselves Each Youth Odyssey Wilderness Adventure trip meets at 600 p.m. on Friday evening for transportation bv Youth Odyssey' s 1 5-passenger van to a campsite. They return by 6:00 p.m. Sunday evening to the original meeting place. Youth Odyssey provides all equipment and supplies for each trip and gives each youth a list of suggested clothing and personal accessories that may be needed Basic camp craft, hiking, and backpacking are taught on each trip. Youth are also introduced to the concept of environmental stewardship through "Leave No Trace" ethics. This concept teaches an acceptance of personal responsibility for maintaining the health and beauty of the natural envIronment Each activity duling the weekend includes reflection, evaluation and goal review to help the youth derive meaning from what they have experienced and how the experiences apply to their lives. Also, the whole team processes the entire day's refection on Saturday night around the campfire and this is reported as one the youth's favorite part of the trip Sequence of Development Whether 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 skills. Learning and development follows a sequential process and the effectiveness and mastery at one "' ......'"...._,......"" level contributes to each subsequent level. They are ( 1) Goal Setting - Goal Setting is a critical component since it provides a source of measure. (2) Awareness Awareness activities are designed to assist youth in feeling more comfortable in theIr group environment and to appreciate the relationship between peers and adults. (3) Trust-- Trust activities focus on one-to-one as well as group trust. (4) Cooperation _. The activities at t his level gives the youth a sense of accomplishment through cooperation. (5) Group Challenge Activities are "problem-solving" in nature and experiences are related to real life. (6) Leadership Leadership activities assist youth in developing leadership skills and experience following a leader. (7) Application - A follow-up program at the closure of the on-site experience, through a final process session. Reflection, evaluation, and goal review 2) Location where 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. Agencies will be added throughout the year who serve at-risk youth The following agencies serve pockets of78415 youth Programming will be on a per unit baSIS AGENCY NAME 1 Council on Alcohol & Drug Abuse - Coastal Bend 2. Bootcamp 3. Bokencamp 4. Planned Parenthood of South Texas 5. CCISD 6. Corpus Christi Housing Authority a) If more than one location is utilized. list other locations here: Please see #2 above. 3) Inclusive dates. of Service: From September 1. 2006 to August 3 1, 2007 4) Days and Hours of provided service~ 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 deposit with reservations and charge a cancellation or transfer fee). Dates for the Ropes Challenge Course will take place in sessions coordinated through each agency's staff 5) Number of un duplicated youth to be served/adults to be served (if applicable): 72 6) Describe the target populationto be served Youth ages 12- I 7 years of age to be served Since programming is voluntary, the target - t - ,......,..,.... ,-','." population needs programs they find exciting and enticing and are age appropriate. Because of the high juvenile crime and referral rate in the 78415 zip code area, the programs need to be safe, healthy. and drug free activities The programs must also have self-confidence building opportunities. assist in the youth developing appropriate peer and adult relationships, and provides opportunities for masterv and competence to address the problems that lead to juvenile crime 7) Describe how this service meets evidence-based requirements as defined in the CYD RFP- Addendum. released 05/19/2006 The Youth Odyssey program has evolved into the structure that it is today through numerous studies on the most effective format for working with youth in an outdoor adventure based program. There are no other identical programs to Youth Odyssey at this time. The program was designed based upon the needs of the youth and the community. Research on the benefits of at -risk youths attending programs which consist of a wilderness activity component and adventure activities such as rock climbing, ropes challenge courses and low element actiVIties have shov,m participants improve their internal and external locus of control, experience less feelings of social alienation, increase self-esteem, decrease levels of trait anxiety and reduce delinquent behavior Studies on the amount of time needed to effect lasting change and the sequential order of building upon previous learned skills (portable team challenges, ropes courses, kayaking days, adventure wilderness trips and graduation) aided in the formation of Youth Odyssey program. Robert Greenway (1996) found that the optimal program length for creating lasting positive change in at-risk youth in adventure-based programs was between 15 and 30 days in length. The youth odyssey program is between 14 and 20 days in length. Studies of adventure and wilderness activities have found that participants improved physical health, "such as cardiovascular improvement, reduced glucose levels, reduced fat in body mass and increased bone and muscle mass" (Paffenbarger, Hyde, & Dow, 1991). Physical fitness aids in reducing stress and anxiety, mcreasing immune functioning and decreasing incidences for disease (Ewert. 2001) F or many individuals, physical fitness and depression are closely intertwined. Adventure activities supply both clinical interventions and physical activities that can help the individual dualistically Outdoor adventure activities are practiced in a group setting, thus demanding that the participant interact and utilize social skills. The group environment "enhances social skills, refines either participant-identified or externally-defined personality issues, and demands expository thinking to solve group problems. In some instances, the group process may also be used to redirect socially inappropriate behaviors and expose group members to certain consequences based on a sequential decision making process" (Ewert, 2001, pg. 4). Many outdoor adventure activities place the participant in positions in which they must utilize problem solving, leadership, communication and teamwork skills. Psychologicalh, adventure activities supply SItuations and envIronments in which the client is 7 -,..... is placed in a state of disequilibrium, challenging pre-established convictions and behaviors. Dr. Michael Gass (1993) states that the creation of disequilibrium through the perception of risk is essential to creating change. The individual participating in an adventure wilderness program moves from their comfort zone to their optimal learning zone via some fonn of disequilibrium i.e. fear of the unknown, challenging one's own Perceptions and capabilities. The benefits f'dIlge from increased locus of control and se]f.image, to levels of self- actualization and perceptions of personal change (Ewert, 2001). From a risk management perspective, in 2000, a participant was: 27 times more often injured in a sports program than on the challenge course 13 times more often injured in organized games than on the ropes challenge course 6 times more often injured on playground equipment than on the challenge course 2 times more often injured simply playing than on the ropes challenge course Research of Similar Programs: The proceeding section is a compilation of selected studies on the effectiveness of wilderness adventure based programs with at-risk youth: Youth Odyssey's mission is "'to provide at-risk teens with youth development through adventure challenge programming. The goal of Youth Odyssey is ''to effect social change in at-risk youth by increasing resilience attributes. Our programs are specifically aimed at changing "destructive, dysfunctional, or problem behaviors in at-risk youth through supervised outdoor challenge activities." The program consists of between 1 0 and 13 meetings and uses experiential activities to focus on insight into, emotional understanding, and self discovery. Youth Odyssey objectives are the following: 1. Better self-concept 2. More interest in safe and drug free activities during leisure time. 3. Ability to set realistic goals 4. Improved relationships with adults and peers. 5. Leadership development. 6. Improved social skills. The following objectives are from a similar program rated as an effective program by the Office of Juvenile Justice and Delenquency Preventions Model programs: Life Skills '95 Lifeskills '95 is a curriculum-based parole reentry program designed to treat high-risk chronic offenders postrelease by helping them cope with the problems of everyday life. The program reinforces small successes while addressing a chronic offender's fears of the real world. Program focuses on dealing with emotion, perceptions and activities. The program consists of 13 weekly meetings. The approach used by Lifeskills '95 is based on six programmatic principles believed to help with reintegration: 1. Improve the basic socialization skills necessary for successful reintegration into the - X - .-. ..- community. 2. Significantly reduce criminal activity in terms of amount and seriousness. 3. Alleviate the need for or dependence on alcohol or illicit drugs. 4. Improve overall lifestyle choices (social, education,job training, and employment). 5. Reduce the individual's need for gang participation and affiliation as a support mechanism. 6. Reduce the high rate of short-term parole revocations. Studies On Wilderness Adventure Based Programs Author: Cross, Don Reid Title: The effects of an outdoor adventure pro~8Jll on perceptions of alienation and feelings of personal control among at-risk adolescents. Univ.: Note: Dissertation- A bstracts-InternationalSection- A: Humanities-and-Social- Sciences. 1999 Feb; Vol 59(8-A): 2900 Abstract: This study was designed to examine the effects of an outdoor adventure program on perceptions of alienation and personal control among at-risk adolescents. Perceptions of alienation were measured using the Dean Alienation Scale; sense of control was measured by the New Multidimensional Measure of Children's Perceptions of Control. Participants were students, all considered at-risk from an alternative high school on Colorado's Front Range. Results indicated that after experiencing the climbing program, the experimental group was less alienated than their control counterparts, In addition, following the treatment the experimental group demonstrated a stronger sense of personal control than did the control group. Based on these findings, it appears that an outdoor adventure program can have a positive effect on feelings of alienation and control among at-risk adolescents. Similarity with Youth Odyssey program: At-Risk, Male and Female. age. as an adjunct program within the schools Climbing, Camping, Outdoor activity Author: Paxton, Todd Sawyer Title: Self-efficacv and outdoor adventure programs: A Quantitative and qualitative analyses. Dniv,: Note: Dissertation- Abstracts-International Section-A-Humanities-and-Social- Sciences. 1999 lan; Vol 59 (7-A): 2717 Abstract: This research investigated transference of gained self-efficacy from an outdoor adventure program into the daily lives of the participants of an outdoor adventure program. The quantitative phase of the study consisted of a quasi- experimental design which included a control group. The qualitative phase of the study consisted of a telephone interview lasting an hour. Those interviewed were participants of Voyageur Outward Bound programs that had attended an outdoor adventure course that was at the minimum of 21 days in length. The findings of this research indicate that self-efficacy gained while on an adventure program does transfer into the participants' every day lives. This research also demonstrates that - 9 - -- the participants' self-efficacy contmues to increase one year after the completion of their adventure course Similarity with Youth Odyssey program. Length of program, Male and Female, age, Kayaking and Canoeing, Camping, use of outdoors to teach lifeskills, most outward bound courses include a day at a ropes challenge course Author. Ewert Alan Title. Reducing Levels of T rait Anxiety Through the Application of Wilderness-Based Activities Univ USDA ForestService, Pacific Southwest Forest and Range Experiment Station, Riverside, CA July 1 Q90. 105-111 pp. Note: source USDA Forest Service General Technical Report RM-193, The Use of Wilderness for Personal Growth, Therapy, and Education; A.T. Easley, Joseph F Passineau, and RI, Driver compilers. Abstract. This study assessed the effect of participation in an outdoor recreation program using wilderness-based activities such as rockclimbing and camping. Two groups (treatment and control) were compared using the State-Trait Anxiety Inventory developed by Spielberger et al (1970) Using analysis of covariance to compare the pre, post, and I-year follow-up scores, the group attending Outward Bound reported significant lower levels of Trait Anxiety than did the control group Similarity with Youth Odyssey program: Length of program, Male and Female, age, Kayaking and Canoeing, Camping, Outdoor activity, most outward hound courses include a day at a ropes challenge course Author Hazelworth, Maureen. Wilson. Beth Title The effects of an outdoor adventure camp experience on self-conceQL Univ North Carolina Univ.; Raleigh, Nc. 1990.33-37 pp Note Journal of Environmental Education; 1990 Sum Vol. 21(4) Abstract: Measured the effects of an outdoor adventure program on the self-concept of 39 participants (aged 12-15 yrs.) The program consisted offour 2-wk sessions, each with a different adventure focus Ss completed the Tennessee Self-Concept Scale before and after each adventure session Overall analysis of self-concept showed significant positive changes in moraL ethical. .;;elf-concept identity and self satisfaction. Varying changes in self-concept were recorded tlJr each sesslor Positive changes in the moral-ethical attitudes toward family aspects of self-.:oncepl were most common Similarity with '{outh Odyssey program Male and Female, age. Kayaking, Canoeing, Camping, Hiking, Climbing, adventure based activity focus Author Gaston, Debra Wickstrom Title An Empi[ical~vestigation Qf a Wilderness Adventure Program for Teenagers: -10- ~"".e'_ The Connecticut Wilderness School Univ Paper presented at the annual Meeting of the eastern Psychological Association (49th, Washington, DC, March 31, 1978). 1978. 12 pp. Note. reports/research/technical Abstract: Through an intensive 19-day outdoor experience of backpacking, hiking, rock climbing, and whitewater canoeing, the Connecticut Wilderness School has provided a novel therapeutic approach for problem youth referred by a wide variety of state agencies. To determine if participants in this program become more internally oriented, develop a higher level of self confidence, utilize more effective interpersonal coping strategies, and have fewer legal and social difficulties, this empirical investigation studied 135 teenagers (95 males, 40 females), aged 13 to 20, enrolled in the wilderness program and a similar comparison group of teenagers. Referring agencies rated the teenagers on dimensions of problem seriousness, self-awareness, emotional problems, and legal involvement. Demographic and personality pretest measures were collected. A random sub-sample of 72 students were also given a structured interview, assessing coping strategies in problematic interpersonal situations. A multisource follow-up of these students is currently underway. With approximately one half of the follow-up data collected, the following preliminary results have been obtamed. Program participants remained more internally oriented 6 months after the course and reported a significantly lower overall frequency of deviant behavior than the comparison group. The teenagers reported positive changes in meeting significantly lower overall frequency of deviant behavior than the comparison group The teenagers reported positive changes in meeting challenges, self-confidence, getting along with parents, grades in school, and controlling temper. Similarity with Youth Odyssey program: Male and Female, age, Kayaking, Canoeing, Camping, Hiking, Climbing, adventure based activity focus Conclusion: Youth Odyssey teaches life skills to youth through an exciting and fun format. Studies conducted on the use of adventure based activities and more specifically wilderness-based activities have shown that it is a safe way to increase a youth's self esteem, locus of control, and ability to meet challenges while decreasing anxiety, and deviant behavior. Internal evaluations conducted over the past 4 years have shown that the vast majority of participants increase in all life skill areas self-confidence, leadership. communication, teamwork, trust and problem solvin!J- For additional research studies please refer to Studies of the use of wilde mess for personal growth, therapy, education and leadership development: An annotation and evaluation. Moore, 1 & Russell, K C (2002) Available from the University of Idaho- Wilderness Research Center. Moscow 10 USA. (available on-line) - Ii - ~""'~-' 8) Describe each-1{oaLQJ the sem~~.--,IDgfor program. including the impact on iuvenile crime: I.) 75% of at -fIsk youth participating will show an increase in their self-confidence. 2) 75% of at-risk youth participating will show an increase in Teamwork skills. Youth 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 7841 5 youth the tools and guidance needed to combat the adversity in their lives. . Outdoor expenential 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 who 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 of self-worth. Youth Odyssey programs provide opportunities for the youth's strengths and weaknesses to come forth Experiential education is about what happens inside of people growth and development This is achieved by providing opportunities for youth to feel the extraordinary sense of accomplishment wrought by succeeding at difficult activities such as rock climbing or learnmg to navigate a canoe 9) How will this .seryjce b~ayC!il'lbl~ to (amilies_withouuransportation: All youth are provided transportation to and from the activities. All services are provided on- site Transportation i~ needed during the Graduation Trip at which the Youth Odyssey van provides transportation to the vouth 10) Desgjb~he'~C!fe passage'~-lli-'lIlfQryouth/families without transportation: Youth Odyssey owns two] 5-passenger vans (See Van Policy below). All youth are provided transportation to and trom 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 seatbelts. Youth Odyssey adheres to a strict maintenance schedule and maintains current insurance coverage. Based on the NHTSA report Youth Odyssey has adopted the following procedures for the 15- passenger van Do not carry luggage on the top of vans rhis raises the center of gravity even higher and can increase the possibility of rollover in an emergency maneuver. When the] 5-passenger van is not full, passengers should sit in seats that are in front of the rear axle. Tires must be properly inflated and the tread is not worn down. Worn tires can cause the van to slide sideways on wet or slippery pavement. Improper inflation can cause handling problems and can lead to catastrophic tire failures, such as blowouts. Therefore, check tire pressure and tread wear once a month Driver experience and training in handling loaded IS-passenger vans are critical factors in reducing the risks of rollover. Do not drive when tired or under any conditions that would - 12 - ..., compromise your driving ability. All passengers MUST be wearing a seatbelt AT ALL TIMES. While participating in activities 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 lifejackets, paddles and when necessary helmets for kayaking, are inspected by a staff member prior to the youth engaging in an activity. All equipment is routinely inspected for frays, cracks, breaks, or abrasions that may affect the durability and safety of the item 11) Staffing: Describe the staffing plan for FY 07. including staff supervision and support and how adequate staffing in the case of vacancies or extended absences will be ensured: It is standard procedure for any person (staff &/or volunteers) that apply to work on the CYD Program, to complete (sign) a criminal background affidavit, consent and have a criminal background check search conducted prior to any client contact &/or personal client files and is renewed every two years. 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 Training Required: First Aid, CPR, Wilderness First Responder, Full Ropes Course and Lifeguard certifications. Must have experience working with youth in a camp "etting The employment screening process includes Application revie~ Interview Background check Valid driver's license References Criteria for Volunteer" The minimum 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 perform 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 to 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 mandatof\ Screening Youth Odyssey performs the same set of standards in selecting volunteers as when hiring employees Education 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 - 11 - - classes provided by Youth Odyssey The classes will provide classroom instruction on Problem IdentIfication' Signs and Symptoms and Prevention and Maintenance of Aggressive Behavior V olunteers with all Youth Odvssey activities must have current certifications in Adult CPR and Standard V olunteers with the Adventure Wilderness Program (that include belaying) and all Mobile Climbing 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 Training. II. CYD CLIENT REGISTRATION AND TRACKING SERVICES a) A Consent Form must be explained to every individual participating in every CYO Program. This form authorizes participation 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 evaluation purposes. b) A Registration Form must be completed for every individual participating in any CYO Program for each fiscal year The Registration Forms must be submitted monthly to the Fiscal Agent with the monthly billing. c) A Monthly Participant Summary Sheet must be completed for every participant receiving services( 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 mtnth for which the subcontractor(s) request reimbursement for service/program costs. III DOCUMENT A TION OF SERVICES Documentation of all services provided to each Community Youth Development participant must be maintained. All of the services listed on a Monthly Participant Summary Sheet must be documented. - 14 - ~.........-..'" IV. 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 rTN CYD Project Coordinator City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 The monthly billing will 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. Any Change of Information to participants registration/consent form Soocontractor will adhere to the following billing schedule: I "-~_."_._- .'---.-. ---"-"-_.-,_.~ EXPENDlTURES THROUGH I MONTHLY ~ILLING DUE DATE I September 30, 2006 ! October 7, 2006 .. ---'_._---, -,-"'~ October 3 1 , 2006 November 7, 2006 ------ ._--_._--- ._..- -- ---- November 30,2006 December 7, 2006 --'---"-'-'-'- -'-"--'-"'- _~__u__, _....__.._..,_ December 3 1 , 200b January 7, 2007 .------------ January J I, 2007 February 7, 2007 ~_._--_. '-~-'- ,- --,-,-.__.,-,-- February 28, 200" ---1 March 7, 2007 ---------- March 31, 2007 ---i April 7,2007 -- -- --- --- - - ~- April )0. 20U7 May 7, 2007 . ----_. ----- . -_. --_. "-----...-..-.-- -.-- May 3 L 2007 June 7, 2007 ---- ------ --- -- -- June 30, 2007 July 7, 2007 -'..- -- --. '---..- --..- -- ----._-- - July 3 I , 2007 August 7, 2007 -"---.'-" ..._.._- "---_._.._...__._- August 3 1, 2007 September 7, 2007 -- _.' ---.- ....._- -- ... -1"- ~. V. EXPENDITURE SCHEDULI~ Subcontractor agrees that if funds are not expended in accordance with Schedule A - Suhcontractor f,:'itimare (~f FY ]006-2007 Expenditures by June 30, 2007, Subcontractor will lose any uncommitted funds in excess of$2,500, subject to reinstatement through the appeals process set out below. Fiscal Agent will notity Subcontractor in writing of the pending budget reduction in Subcontractor's budget and give Subcontractor ten (10) business days to respond. If Subcontractor does not respond within ten (10) 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 within ten (10) business days thereafter. However, if Subcontractor disagrees that excess funds are available, then Fiscal Agent and Subcontractor will meet at an agreed upon time and Subcontractor will be given the opportunity to present their case. Fiscal Agent will make the final decision whether to reinstate or forfeit any of Subcontractor's excess uncommitted funds. Anv excess funds forfeited by any Subcontractor will be used for other CYD programs. Sdledule A - Subcontractor Estimate of FY2007 Expenditures Month Estimated Exoenditures Percent of Total Bud2et 38% ~ I 9.2% I September 200b $ 12090 October 200b $ 33 11 80 November 2006 $ 2941 80 December 2006 $ 3040 90 9.5% January 2007 $ 241 80 76% February 2007 $ 314280 9.9% March 2007 $ 3406 80 10.74% April 2007 May 2007 $ .3 182 70 10.3% August 2007 I $ 5696.80 j-- ~~;1~18~--1 9.9% ___.~2_82~ ?O I _ 8.82% r- 2.4% __...~ _77(!~ ?~I__1 17.8% June 2007 July 2007 - 16 - _.~ -""-. A TTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September t, 2006 - August 31, 2007 Summary Budget FY07 COST CATEGORY TOTAL 1 (A) Personnel - Salaries $0.00 (B) Personnel - Fringe Benefits 0.00 (C) Personnel - Travel 0.00 2. Materials and Supplies 0.00 3. Equipment 0.00 4. Other Costs. 31,839.00 TOTAL BUDGET $31 839.00 Cash Match $0.00 In-kind Match $0.00 *Billed as a "per unit' basis -17 - ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2006 - August 31,2007 (la) Personnel - Salaries FY07 B C D E F Ie Number of Average Full Percent of Number of Cost Staff for Time MontWy Time on Months (BxCxDxE) I Position Salan' Budgeted Employed (Total) I Position 0.00 ..- -- _. -- ._-=+=--- -- "'- -~- u I , - I --~. .._- I -- t-- - i -- ~. .- .---.-!---... --. -~ _..~_._-- __I- Total 0,00 A Position or Tit INO~ I TOTAL SALARIES ..18- ~.-.,."",.",. ATIACHMENTB-l Youth Odyssey Budget Information Forms Contract Period: September 1, 2006 - August 31,2007 (1 b) Personnel - Fringe Benefits (Employer's Share) FY07 Fringe Benefits Based Fringe Benefits Based on (la) Salaries Paid* on (la) Salaries Paid NONE $0.00 - -~ -" TOTAL FRINGE BENEFITS $0.00 - -19- - .- ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2006 - August 31, 2007 (] c) Personnel - Travel FY07 Type of Expense (transportation, Purpose (Destination and Total food, lodging, mileage) Benefits to Program) NONE $0.00 - ---'-"_"",0_"- _.___._.._ _.~- -._- .~----- TotAL TRAVEL --- ----- $0.00 -20- .......-..."'''''''''.- ......-.. ........ ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2006 - August 31, 2007 (2) Materials and Supplies FY07 Description and Basis for Cost Total NONE 0.00 ___ __.__ ______n_ TOTAL CONSUMABLE SUPPLIES $0.00 -21- A TT ACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1,2006 - August 31, 2007 <<3) Rental, Lease, or Purchase of Equipment FY07 Method Used (lease, rent, purchase, etc. ) Total Description and Basis for Valuation NONE $0.00 I TOTAL RENTAL, LEASE, OR PURCHASE $0.00 -22- _. "'~ ATTACHMENT B-1 Youth Odysse}' Budget Information Forms Contract Period: September 1,2006 - August 31, 2007 (4) Other Costs FY07 Total $2,679.00 $3,960.00 $21,600.00 $3,600.00 TOTAl" OTHER COSTS $31,839.00 -23- SUBCONTRACTOR: CONTRACT PERIOD: TITLE: Youth Odyssey oq/O l/2006 to 08/31/2007 Community Youth Development Program Request No. Reporting Month ATTACHMENT B-2 BlJDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST PersoIlIJll - Salaries TOTAL Amount Budgeted 0.00 0.00 (l)YTD Expended (2) YTD Invoiced (1) - (2) Amount Requested* *City Use Only Amnt. Paid PersoIlIJll - Fringe TOTAL 0.00 0.01) Persol1Illl- Travel TOTAL 0.00 0.00 Materialf and Supplies TOTAL 0.00 0.00 Rental, Lease or Purchase of EquiJ*lent TOTAL 0.00 0.00 Other ~ts Portable '.. earn Challenge (4) Ropes ~lengc Course (2) Adventuae Wilderness Trip ( J ) Graduation Trip (1) TOTAL 2,679.00 3,960.00 21.600.00 3,600.00 31.839.00 TOTAL 31,839.00 * Amounts expended cannot exceed amount budgeted I certifY that the expenditures shown above are true and that supporting documentation is attacied to substantiate them Subcontractor's Authorized Signature Date Payment Authorization Signature Date 24 - .-. Attachment B-3 Youth Odyssey BUDGET NARRATIVE Youth Odyssey activities 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 working with CYD and Non-CYD youth during the upcoming 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 2006-2007 grant period that were provided in the completed 2005-2006 grant period, cost can be determined by examining the cost per activity 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 2006-2007 grant period as it was billed in previous years. The only changes in this grant application from prior grants will be the changes is cost per mile for travel. The increase would be $7.80 per CYD youth. We will bill CYD a specific amount per activity per child. If a child completes the session, it would be a total of $442.20 for six - nine weeks of programming. We will onlv bill for CYD-eliaible youth and onlv for activities they attend. Youth Odyssey anticipates serving a total of 72 youth and having them all complete a six-nine week session. Though we encourage completion of a session, the pricing per activity allows for those who may not be able to complete all levels of programming to still participate Below is the breakdown of what it will cost to provide programming for CYD- eligible youth The cost was determined by the actual cost to provide the same activities in '2002, '03, 04, 05 and 06. The 2002-2003 narrative below will support with detail how the following cost were calculated: r4 Portable Team Challenges $9.30 a youth X 4 sessions 2 Ropes Challenge Courses $27.50 a youth X 2 sessions I 1 Adventure Wilderness Tnp $300 a youth X 1 trip L1 1 Gra. d.. u... a. tiO... n Ceremony Trip $ 50 a youth X 1 trip __ _ _~o~1 pe~youth for a cO".'Plete~ ~~~~~~_ _____ = $ 37.20 = $ 55.00 = $300.00 = $ 50.00 = $442.20 Grant Request for 2006-2007 - $442.20 per session X 72 CYD youth = $31,839. - 25 - ~ Budget Detail - $35,765 . Personnel - Salaries - $15,500 1 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 1 Fica and Medicare The above salaries are $15,973. Fringe benefits are calculated as follows: $15,500 X 7.65% (fica and medi) $1,186 . Personnel- Travel - $2335 (with updated mileage cost) 1 Adventure Wilderness - Includes all travel for pre/post trip and transportation to and from campsite and reunion. 600 miles X ..445 cents a mile X 5 trips $1,335 2 Mobile Ropes Challenge Course - Includes all travel to referral agencies and for transportation of challenges to onsite locations. 20 miles X .445 cents a mile X 20 sessions $ 178 3 Ropes Challenge Course - 137 50 miles X .445 cents a mile X 10 sessions $ 222 4 Program Director - Staff Training Flight $ 600 . Materials and Supplies- $750 1 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 cleaning per trip $ 250 2 Photography - Youth Odyssey has been requested by CYD to provide photos and recap of each trip. Photo and developing $ 100 3 Office Supplies - Basic consumable office supplies such as paper, pens, etc. Based on prior year's expenses $ 400 . Other Cost - $16,384 1 Staff Training Wilderness First Responder Certification $ 980 Training and Housing 2 Insurance Van - 50% of the annual cost of 2 van insurance 50% X $4.717 $2,359 Wilderness Adventure 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 ($4,700) is allotted to CYD - 78415 $1,880 3 Camping Fees, - 26- ;... Youth Odyssey buys a $100 permit each year for unlimited entry fees into the parks. 25% of this cost is allotted to CYD - 78415 Camp site Fees $60 per weekend X 5 trips 4 Adventure Wilderness Meals Youth Odyssey spends $350 per trip to feed participants. This includes food in route to campsite. $300 X 5 trips and $100 X 5 reunions 5 Livery Rental 2 Adventure Wilderness Trips X $300 6. Ropes Challenge Course $350 X 10 sessions 7 Program Printing 45% of the annual cost of the printing of youth packets (includes applications, releases, itineraries, and general information) 8 Program Postage 45 % of the annual cost of the postage to mail packets, surveys, and evaluations. 9 Telephone 20% of the annual cost of Youth Odyssey's telephone and the Program Leader's cellular phone (provided for emergency access during programming). 10. Contract Labor Cost for Certified Ropes Course Instructor to assist Program Director with 10 sessions of Portable Challenge Course. $50 per session X 10 Sessions Cost for Certified Ropes Course Instructor to assist Program Director with 5 sessions of Stationary Challenge Course. $150 per session X 10 Sessions $ 25 $ 300 $2,000 $ 600 $3,500 $ 483 $ 225 $ 539 $ 500 $ 1,500 In-Kind Match - $9,888 A Rent - $3.300 Office Space- Office space and storage space for the Mobile Climbing Wall is donated. Trailer and gear storage 300 X 12 months Van Storage $300 per month X 12 months Total $6,600 X 50% CYD allotment 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 $6,120 Fringe Benefit for Volunteer time $6,120 X 7.65% Total - 27 - - .., = $3,000 =-$3.600 = $6,600 $3,300 per hour $ 468 $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 Christl 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 ~rvices 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 Al,Jditor'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 ttTough Subcontractor and the requirements to cooperate is included in any sl.lbcontract 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 ("OMS") Circulars A-87, 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, OMS Circulars A-87. A-122, A-110, and 40 TAC 732.240-256 SECTION 2. INDEPENDENT CONTRACTOR Itis expressly understood and agreed that the Fiscal Agent is contracting with SlJbcontractor 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 SlJbcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely - ~ 8 - responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCiAl LIMITATIONS AND CONSIDERATIONS A. This Contract is at all times contingent upon the availability and receipt of State or Federal funds that has been allocated to the Fiscal Agent of this Contract and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Fiscal Agent. B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each service rendered In accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Fiscal Agent. If program income accrues, the Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual costs incurred for services rendered under this Contract. In no event shall payments exceed the total budgeted amount as originally approved in this Contract or as subsequently amended by both parties C. The basis for payment for services rendered under this Contract is indicated in the service terms in the budget. The Subcontractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent. The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than the Subcontractor's allowable and actually incurred costs consistent with Federal and State regulations. The method of payment is cost reimbursement. This means that costs should only be billed after they have actually been Incurred and have been paid by the Subcontractor. Costs should be billed to the month in which they were incurred, either on the primary billing voucher for that month or on a supplemental billing, if they are not paid in time to include them on the primary voucher. Costs should not be billed to the Fiscal Agent if they have not yet been paid. D. Payment for services rendered under this Contract will be made in accordance with the documentation outlined in the Budget Information Summary and Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment shall be authorized only upon the submittal of an appropriate invoice and supporting documentation to the Fiscal Agent E. 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 F. Funds under this Contract cannot be earned prior to the first day nor after the last - 2~ - - day of the Contract Period G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. H. All funds unearned or unexpended in the performance of this Contract shall be retained by the Department I. 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. J. The Subcontractor understands and agrees that prior written approval must be secured: 1 For transfers between line items for any dollar amount. Lack of prior approval In these instances will be grounds for nonpayment of the item or items involved: 2 When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cost, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expense/cost. K. 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. Ne 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 f'l'lOdification 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. S. 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 SECTION 6. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles prtomulgated 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 ("DHHS"), or their authorized representatives. B. The Subcontractor agrees to maintain financial, programmatic, and supporting documents, statistical records. Inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five (5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any 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 aI/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 DepartmenUFiscal Agent and the Subcontractor. Contract Penod 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 -i - 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. 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 - 34 - .......' 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 ~<,.....-.;""", G. All such corrective actions shall remain open pending completion and issuance of a written statement of closure by the Fiscal Agent or Department, as applicable. SECTION 12. PROPERTY A. The Subcontractor agrees to assume responsibility for the protection of all physical property and equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or theft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds. The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty-four (24) hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances 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 shall be borne by the Subcontractor All property must be returned to original condition, except for normal wear and tear, prior to return of the property to the Fiscal Agent SECTION 13. 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 dtiite - 3 r - 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 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 vAthholding 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 SlCTION 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 0118 Circular A-133 (Audits of State, Local Government, and Non-Profit OIganizations) A. Subcontractor understands and agrees that it shall be liable for all costs - 3 ..... 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 fnend 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 TIle Subcontractor shall indemnify and hold harmless the Fiscal Agent aIId the Department, their officers, agents, representatives, and eeJployees, from and against any and all claims or losses for physical dltmage to property or injury to persons resulting from negligence, ntisconduct, or any act or omission on the part of the Subcontractor, ia officers, agents, employees, representatives, or Sub- Sflbcontractors. In the event of loss, damage, or destruction of any pI'Operty due to the negligence, misconduct, act or omission of the SlJbcontractor, the Subcontractor shall indemnify and pay full cost of - 39 - ..... tepair, 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 .ritten 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. ECTION 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 ("USC") 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: 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 - 4 - ..- 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, rules, and regulations This provision does not limit the Fiscal Agent's or the Department's right of access to client case files or other information relating to clients served under this Contract. The Department shall have an absolute right of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6 If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7 Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of (a) a criminal history background check and (b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 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 - 4 Air Act 42 use 7401 et seq" as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq.. as amended; 10 Immediately remove any agent, officer, employee, representative, or volunteer from direct client contact who is alleged to have committed child abuse, neglect or exploitation, or an offense against the person, an offense against the famIly, or an offense involving public indecency under the Texas Penal Code, as amended, or an offense under the Texas Controlled Substances Act. If it is determined that the employee or volunteer has not committed such offenses, the employee or volunteer may again be assigned to direct client contact; provided however, the Subcontractor shall notify the Fiscal Agent and the Department of its intent to reassign within ten (10) working days prior to the reassignment The Subcontractor must provide the Fiscal Agent and the Department WIth further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to 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. - 4 ~ SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are a,plicable 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 Dtapartment may prescribe such standards as may be necessary to protect the health and safety of such participants SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty-eight (48) hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1 Dishonesty bonding under a commercial crime policy or business services bonding at a $10,00000 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 own automobiles in the performance of this Contract, Subcontractor shall secure and maintain on file from all such persons a self-certification of such coverage and 4 Workers compensation and adequate on-site medical and accident insurance shall be required for a/l 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 - 4! - ~".....,- 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 Contrad awarded shall be Immediately cancelled C. The Department may waive all or part of these insurance requirements at its discretion D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 30 days prior to the effective date, a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies 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 - 4~- ~"......~",. certification from Its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approva I as required by Section 8 (Subcontracting) of these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT !lFRINGEMENT 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. - iJ - 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 ttTough 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 mav be subiect to reauired oublic disclosure under the Texas Public Information Act. Chaoter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS AI 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 afdressed, postage prepaid certified mail, return receipt requested. SlCTION 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 penod 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. - 4" - 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 peyment 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 - L -"-- 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 D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 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 Subcontractors license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Legislature of the State of Texas, as it may be amended. - 4 1011!1!!!11""" 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 liCfJidated 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. - 4C - ~""";'.- " 78415 eYD, RFP 2007 - Page 16 Attachment 0 SUBCONTRACTOR ASSURANCES If a\Wlfded funds through the Community Youth Development (CYD) program, the proposer will be required to ce~ the following to be true: 1 . lfas legal authority to operate under state and federal financial assistance, including the managerial and financial capacity to ensure proper administration, planning, and completion of service provisions. 2 Have no unresolved audit exceptions with the Texas Department of Family and Protective Services (OFPS), the United States Department of Health and Human Services (DHHS), or other legal governing agency concerned. An unresolved audit exception is an exception for which all administrative or judicial remedies have been .mausted and resulting demand for payment has not been met list any unresolved audit exceptions on a ....-ate sheet if applicable. 3. MIls no outstanding debts that could result in lien(s) or levy(s) placed on payments made by DFPS or the City upder the proposed contract 4. l11e Subcontractor staff or governing authorities have not participated in the development of specific criteria for ...-u of contract and will not participate in the selection process for award of contract 5. .. not retained, or promised to retain, an agent, utilized, or promised to utilize, an agent to provide an interest to any person or entity participating in the development of specific criteria for award of contract or selection of .y successful offer. 6 WIll give the City, DFPS, DHHS, the S1ate of Texas or Federal Comptroller, or other legal governing agency Cll'N1Cemed through any authorized representative access to and the right to examine all records, books, papers, or documents related to application and award; this may include, but is not limited to, verifying infonnation with 1Nrd parties. 7 Understands that a failure to substantiate any statements made in the application when the City or DFPS requests substantiation may disqualify proposal to provide services, which could cause failure to receive award or lesser amount of award. 8 ,. sas to compty with regulations, policies, and procedures specified by the City, DFPS, DHHS, and other gjveming agency conoemed regarding particular programs or services for contract award; including refraining r.-. eny confticts of interests or improper uses of funds awarded. 9 Has sufficient resources avaifable to operate for at least two (2) months while waiting for initial reimbursement fAIm Fiscaf Agent for operating expenses covered by this proposed contract, and sufficient cash reserves will be maintained to provide two (2) months of service during the entire term of any contract resulting from this Rf"p, 10. ~ submit reimbursement requests and program reports on a monthly basis using approved dooumentation, and otherwise adhere to Stale of Texas, DFPS, and City fiscal policies and procedun;es; and will promptly reimburse the City or DFPS for any losses suffered for undue delay in performance, misconduct or negligence, or overpayment 11. \\II submit a Self Evaluation Report within 45 days following the end of the contract period. 12. WII cooperate fuUy with the City, DFPS, OHHS, or other governing agency concerned in any reporting, l11iItIitoring. auditing, training and technical assistance, researching, evaluating, or other analyzing of infDrmation or data related to the oontract under award. 13. V\tI have written personnel policies by the effective date of contract that compfy with federal and state r.lations and policies and that will successfully initiate and complete the work for the contract within _able periods of time. 14. ~ verify and disclose, or cause its employees, sUbcontrclctors, and volunteers who have any direct contact dt em cfients to verify and disclose, criminal history and any current criminal indictment involving an offense aglainst the person, an offense against the family, or an offense involving public indeoency under the Texas Penal Code as amended or an offense under the Texas Controlled Substance Act, Chapter 481, Texas Health a.... Safety Code. These policies will include 8 process for obtatning criminal background checks for employees anflor volunteers who have direct contact with CYD participants. 15. '^" have written plans for the handling of client complaints and grievances by the effective date of the contract 16 VIII obtain and furnish proof of bonding and insuranoe coverage within forty-eight (48) hours of the award of the ~.A: or at such other time lIS may be speoIfied by the City or OFPS. 17 VVI comply with applicable federaJ and state laws, executive orders, regulations, and poticies governing this coe ~1; including complying with federaf statutes providing in part that no persons in the United States shaff, on l1e grounds of race, color, national origin, sex, disability, age, drug or alcohot abuse or afooholtsm, polffiC{d ~ or retigion be exduded from participation in or denied any aid, care, service or other benefits provided by federal or state funding Of otherwise be subjected to diScrimination; and further agrees to comply with Health md ~afoty COI1:~ :3<)cflon A~j 11:~ ml~ting to work place and confidentiality guidelines regan:ling AIDS and HIV "), 78415 eVD, RFP 2007 - Page 17 .w the Public Health Act of 1912 as amended regarding confidentiality of alcohol and drug abuse patient ~s; and to comply with Title 40, Chapter 73, of the Texas Administrative Code, pertaining to social -.vices and assistance. * 18. Wit! adhere to generally accepted accounting standards and DFPS and DH HS directives for fiscal management tA federal and state financial assistance; will comply with Office of Management and Budget circulars; will not suppfant local funds with federal funds or apply funds awarded for the contract to other federally or state funded programs. 19. OertIfies that no federal or state financial assistance or contract award or renewal of contract award has been IInninated or denied for noncompliance with policies or regulations of any state or federally funded program wfthin the past five years; nor is the offeror currently prohibited from contracting with agovemment agency. 20. CertIfies that no funding under this subcontract will be used to influence the outcome of elections or the __ge or defeat of any legislative measures. 21. Will maintain records and information as required by DFPS under contract terms for a minimum of five (5) years or until resolution of any auell exception, litigation, or outstanding issues; and will make available at reasonable times, places, and for reasonable periods, records, books, and supporting documents pertaining to services pIIOYided for inspecting, monitoring, auditing, or evaluating by the City. DFPS or DHHS personnel or their f1llPr8Sentatives. 22. Will seek advance approval from the City or DFPS for any subcontract awards and will have written rtquirements with the Subcontractor to compfy with the same tenns as the City of Corpus Christi (City) in alhering to generally accepted accounting standards, state and federal laws and regulations, and DFPS, DHHS, or other concerned government agency directives. 23. .. hold the City and DFPS hanntess from negligence, misconduct. or other improper actions of offeror's apnts, representatives. employees, or subcontractors. 24. 'All establish a method to ensure confidentiality of records or other information relating to clients according to SlPlicable federal and state laws and regulations and City, DFPS, DHHS, or other concerned agency dllectives. This provision does not limit the right of the City and DFPS to have access to any records for 0.1I"8\,1 services. The City and DFPS shall have access to such documents upon request 25. VIII fully comply with all the tenns of the contract award. Ilnd.....lly, or as an authorized representative of the organization submitting this proposal, do hereby cel"tifl ..rrant, and assure that I have read all assurances and do hereby bind myself and my organization to .... by them. _3130106 Date JQI Worbet8 Print" Name of Authorized Representative ~ ~\~lK~/ 51g ature of Authorized Representative _ExelUtive Director Title _Youth Odyssey INC. Full Legal Name of Organization or Agency *The ~ng federal Jaws are applicable but not an exclusive listing: Title VI Civil Rights Act of 1964 (Pl88-352), Title l)(!Education Amendments of 1972 as amended (20 USC, Subsection 1681, et seq.), Section 504 of the RehattJation Act of 1973 as amended (29 USC, Section 794), Age Discrimination Act of 1975 8S amended (42 use, tmu.ction 6101--6107), and the Drug Abuse and Treatment Act of 1972 as amended (PL 92-255), the ~ive Alcohol Abuse and Alcoholism Prevention, TRI8tment W1d Rehabilitation Ad of 197085 amended (PL 91-118), Public Health Service Act of 1912 as amended (42 use, 290 dd-3 and 290 ee-3); Office of Managlllment and Budget Circulars A-37, A-122; Code of Federal Regulations Title 45. - 78415 eYD, RFP 2007 - Page 18 Attachment E Certification Regarding Debarment, Suspension, Ineligibility and VOluntary Exclusion For Covered Contracts FedeI!8l Executive Order 12549 requires the Texas Department of Family and Protective Services (DFPS) to screen each covered potential contl(ldor to detennlne whether each has a right to obtain 8 contracl in accordance with federal regulations on debannent, suspension, inel~, and voluntary exclusion. Each covered contractor must also screen each of its covered subcontractors. In thiI certification "contractor" refers to both contractor and subcontractor; "contract" refers to both contract and subcontract. By signing and submitting this certification the potential contractor accepts the following terms: 'ftIe certific8tion tMnin below is a maleriaI representation of fact upon which reliance was placed when this contract was entefed into. If it II .... determined that the potentIII contractor knowingly rendered an enuneous certification, in addition to oIher remedies aV8lable 10 the ...... gcM!ImI'Ilent, the [)epartrl1R of Health 8I1d Human Services, UnIBd States Department of Agricultunt or other federal department .. ...ncy, or the Texas Department of Family and Protective Services, may pursue available remedies, including suspension and/or Mannent 2 'Rae potential contractor shall provide immediate written notice to the person to which this ce~ is submitted if at any time the ~I contractor Ieams that the certification was erroneous when submitted or has become enoneous by reason of changed circumstances. 3 .. words "covered contract," "debarred: "suspended: "ineligible: "participant,' "person: "principal: "proposal.' and "voluntarily -'MIed." as used in this oertificItion haw meanings based upon malIeriais in the Definitions and Coverage sections of federal rules IMpfementing Executive Order 12549. Usage is as defined In the attachment 4 TINt potential contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not IcIowtngIy enter into any subcontract with a person who is debarred, suspended, declared lneligl)le, or voluntarily exduded from ptrticipation in this covered transaction, unless authorized by the Department of Heallh and Human Services. United States Department of AfricuIture or other federal department or agency, and/or the Texas Department fR Family and Protective Services. as applicable. Do you have or do you anticipate having subcontractors under this proposed contract? Yes_No~ 5. ...... potential contractor further agrees by submitting this certification that it will include this certification tiled "Certification Regarding ~~ Suspension, Ineligibility, and Vofuntary ExcIuslon for Coveled Contracts" without modification, in aU covered subcontracts; and in solicitations for all covered subcontracts. 6 A ~or may rely upon a certification of a potential subcontractor that it is not debarred, suspended, ineIigtie, or voIuntarify excluded ... the co\l8f'8d contract, unless it knows that the ceftification is enoneous. A contractor must, at a m1ninum. obtain certifications from its OlM!red subcontractors upon each subcontract's initiation and upon each renewal. 7 Nfhing contained in aU the foregoing shall be construed to require estabfl8hment of a system of records in order to fender in good faith the . 4lItifiOIItion ~ by this cettificeIion document. The knowtedge and infonnation of 8 contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealngs. 8 E-=ept for contracts authorized under paragraph 4 of these terms, if 8 contractor in 8 covered contract knowingly enters into a covered SUI\lIcontract with 8 person who is suspended, debarred, ineligibJe, or voIunIariIy excluded from participation in this transaction. in addition to ... ftNl1edies available to the federal government, Department of Health and Human Services, United States DeparCment of Agriculture, or"" federal department or agency, as applicable. and/or the Texas Depar1ment of Family and Protective Services may pursue available reItIedies, incfudingsuspension and/or debarment CER'OflCATION REGARDING DEBARMENT, SUSPENSION, INELIGIBIlITY AND VOlUNTARY EXCLUSION FOR COVERED CONTRACTS. Indiccn.in the appropriate box which statement applies to the covered potential contractor: o The potential contractor certifies, by submission of this certification, that neither it nor its principals is presently debarred, sUBpended, propo_ for debannent, declared ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the StlllltofTexas o T~potenti.' contractor is unable to certify to one or more of the terms in this certification. In this instance, the potential oontractor must attach III explanation for each of the above terms to which slhe is unable to make certification Attach the explanatlon(s) to this certification. N.-"~ ConlnIctor /.Yendor 10 No. Or SodII Secutty No. DFPS ConCrec:t No. (If lPPIlc*Ile) Youth Odyssey i 74-281-7641 N_"~R~ve lTitle Slglllture . Authorf.aId ~1lIWIDate Jon WtIlIIIta .1 Executive Director ~ <S~ ~ 78415 eyo, RFP 2007 - Page 19 Attachment F Certification Regarding Federal Lobbying (Certification for Contracts. Grants, Loans, and Cooperative Agreements) PREAMBLE Feeleral ftlIisIation, Section 319 of Public law 101-121 generally prohibits entities from using federally appropriated funds to lobby the executive Or legis'" branches of the federal government. Section 319 speclfically requires disclosure of certain lobbying activities. A federal government- wide ., "New Restrictions on Lobbying,' published in the Feeleral Register, February 26, 1990, requires certification and disclosure in Specific insta.-s and defines terms Covered ""'S and Subawards - Contracts, grants, and cooperative agreements over the $100,000 threshold need (1) certifications, and (2) disclOlllree, if required (See certification term number 2 conceming disclosure.) Lobbyinst. To lobby means "to influence or attempt to influence an ofticer or employee of any agency (tederal), a member of Congress, an officer or 'llR'.)Iee of Congress, or an employee of a member of Congress in connection with any of the following covered federal ac:tions: x _awarding of any federal contract, X themaking of any federal grant, X ~ of any federal loan, X ~"'ring into of any cooperative egreement, and X ""'extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement Umlted ..... of Appropriated Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own em~ with respect to: X ~ adiYities with federal agencies and Congress not directly related to a covered federal action; X PAI!rriding any information speclfically f8quested by a tederal agency or Congress; X d"""n and/or demonsbation of products or seMces if not related to a specIic solicitation for a covered action; or X pr4lessk>nal and technical services in preparing, submitting or negotiating any bid, proposal or application for a federal contrad, grant loan or OOOperative agreement or for meeting legal requirements conditional to receipt of any federal contrad, grant, loan or cooperative agflement. (The prohibition also does not apply to such services provided by nonemployees for the same purposes.) Professi,* .-lei Technical Services - Professional and technical services shan be advice and analysis diredly applying any professional or techn_ expertise. Note that the professional and technical services exemption is specifically limited to the merits of the matter. Other AI....... ActivtIies - The prohibition or use of federally appropriated funds does not apply to influencing activities not In connection with a specitilCOYered federal adion. These activities include those related to legislation and regulations for a program versus a specific covered federalllctlon Funds 0IIItr Than Federal Appropriatio.. . There is no federal restriction on the use of non federal funds to lobby the federal government for cont~, grants, and cooperative agreements Applica~ of Other State and Federal Requirements - Neither the govemment-wide rule nor the law affect either (1) the applicability of cost princic:*ls in OMB circulars A-87 and A-122, or (2) riders to the Texas State Appropriations Ads which disalfow use of state funds for lobbying. TERMS OF CERTlACATION This ce~ion applies only to the instant federal action for which the certification is being obtained and is a material representation of fact upon which ~ was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or enteri~1nto this transaction inposed by section 1352, title 31, U.S. Code. Any person who fails to fife the required certification shan be subject to a cNIpenalty of not less than $10,000 and not more than $100,000 for each such failure. The undert(gned certifIeS, to the best of his or her knowledge and belief, that 1. No fedeIr!IUy appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influenct an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congr. In connedion with the awarding of any federal contract, the making of an federal grant, the making of any federal loan, the entering into of 4Jty cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contrad, grant, loan, or ~ agreement 2. If any fWtds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer" employee of any agency, member of Congress, an officer or employee of Congress, or an employee of a member of Congress in conneclllf:m with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shan complete and submit Stand. Fonn-LLL. "Disclosure Form to Report Lobbying; in aa:ordance with its instructions. (If needed, contact your Texas Department of Family IIIhd Protective S8fVices procurement officer or contrad manager to obtain a copy f Standard Fonn-LLl.) 3. The u,.rsigned shall require that the language of this certification be included in the award documents for all covered subawards at all tiers (includilll subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered sub recipients shall certify lid dlaclose accordingly. Do you hInIf or do you anticipate having covered IUbawards under this transaction? .......................................... D Yes No NMM .......... ContnIctor Yo. Odyssey INC. Vendor 10 No. Or Soct.l Sec:urIty No. 74-281-7641 DFPS Contract No. (If ~el I Neme ..~ed RepnIHI1tatlve Jon Worbets i TItle _ I Executive Director . AlIlhorlzed RepreeenUveIDMe ~