HomeMy WebLinkAboutC2008-440 - 11/18/2008 - ApprovedCONTRACT
(Cover Sheet)
TITLE OF CONTRACT: Community Youth Development
CONTRACT NO.: CYD 2009-7
This contract ("Contract") is entered into by the City of Corpus Christi ("City" or "Fiscal Agent") and
the following named Subcontractor:
CITY: SUBCONTRACTOR:
City of Corpus Christi-PARD-CYD Youth Odyssey Inc.
226 Enterprize Pkwy, Ste 104 PO Box 331394
Corpus Christi, TX 78405 Corpus Christi, TX 78463
Telephone: (361) 826-4028 Telephone: (361) 361-946-6016
FAX: (361) 299-1410 Contact Person: Rebekah Koeller
Contact Person: Celina Pulcher
Subcontractor agrees to provide services in accordance with the provisions of this Contract and under
the Community Youth Development Program ("CYD") funded by the Texas Department of Family and
Protective Services ("DFPS"). This Contract consists of the following attached documents which are
incorporated herein by reference:
Contract (Cover Sheet)
Performance Measures (Attachment A-1)
Statement of Work (Attachment A-2)
Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3)
Standard Terms and Conditions (Attachment C)
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the
information provided to the City is true and correct in all respects to the best of its knowledge,
information, and belief.
The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the
availability of funds for such purpose under the funding sources:
~0
CONTRACT PERIOD: From: September 1, 2008 Through: August 31, 2009 . AUTHORItt
dY CatlNCll~„J~j~ Og „r
FUNDING OBLIGATION: Not to exceed $30,000 for FY 2009 for Contract Period
stated above. ..~......___ .
Executed in triplicate, each of which recognized as an original.
ATTEST:
City gf Corpus Christi
City Secretary
Legal form approved }1Av • l7~ , 2008;
- 2008-440 -
11/18/08
M2008-299 ~
Youth Odyssey
Escobar
i City Manager
Subcontractor:
Yout ss~y Inc. ! ~•
Name: beltah /} o~K~ttz
Title: ~tpgta~ ~~Y Cat?
r,..,...
lt~~,~~-
78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM
Youth Odyssey, Inc.
TABLE OF CONTENTS
Page No.
Contract Cover Sheet
Table of Contents ......
Contracted Performance Measures (Attachment A-1 )' .......... ......................1
Statement of Work (Attachment A-2) ....................................... ......................4
Budget Information Forms (Attachment B-1) .......................... ......................13
Reimbursement Request Form (Attachment B-2) .................. .......................20
Budget Narrative (Attachment B-3) ......................................... .......................21
Standard Terms and Conditions (Attachment C) ................... .......................24
Sections
1. Legal Authority
Independent Contractor
2.
_
3. Financial Limitation
4. Liability for Payment
5. Changes and Amendments
6. Accounting Requirements
7. Record Keeping/Reporting Requirements
8. Subcontracting
9. Publicity
10. Technical Assistance
11. Monitoring and Assessment
12. Property
13. Year 2000 Compliance
14. Taxes
15. Disputes
16. Independent Audit
. 'ng-h~terests-- -- -
18. Fraud and Abuse Prevention
19. Indemnification
20. Sectarian Involvement Prohibited
21. Political Activity/Lobbying
22. Non-Discrimination and Equal Opportunity
23. Health and Safety Standards
24. Insurance
25. Debarment and Suspension
26. Notice and Assistance Regarding Patent and Copyright Infringement
27. Disclosure of Confidential Information
28. Communications
29. General Standards of Performance
~30. Entire Agreement
31. Contingent on Funding
32. Trainer Qualifications
33. Termination
34. Force Majeure
35. Monthly Performance Review
36. Suspension of Payments
37. Repayment of Funds
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
ii
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, 2008 thru August 31, 2009.
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, 2008 through August 31, 2009 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 s/he receives a service during the contract
period. Any participant who was registered and counted in previous years must be counted
again when s/he receives hermis first service during 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 5 days after the close of
a month of service.
Target: 90%
Output #3: Youth served under the age of 10 years.
Indicator: Percent of youth under the age of 10 years served does not exceed the
contracted percentage cap. This cap must be met each month by each individual service.
If the cap is exceeded, those youth may be considered ineligible and costs may be
disallowed.
Target: 20%
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Output #4: Participants involved in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted grades
(4cn - 8'n)
Target: 90%
Output #5: Completed Asset Survey
Indicator: Percent of youth registered by a service provider that complete an initial (pre)
asset survey and afollow-up (post) asset survey. Only those youth who are initially
registered by a provider will be included in the calculation for this output. Youth served by
a provider, but whom another provider initially registered for the CYD program, will not be
included in the calculation for this output.
Target: 80%.
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: 50%.
Outcome #1: CYD youth have increased 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 tour montn anrnversary or the youm navmy wn
the initial asset inventory or when the youth leaves the program, whichever comes
Target: Minimum net 10% increase in youth protective factors.
Outcome #2: CYD Participants Perceive Services as Effective
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Indicator: Percent of youth that report CYD services had a positive impact. For youth that
participate in multiple services, one survey should be completed corresponding to. the first
program service in which they participated.
Target: 80%
Outcome #3: Non-referred CYD youth
Indicator: Percent of CYD youth report not referred to juvenile probation.
Target: 95%
Note: Performance measures, indicators and targets are set at the discretion of DFPS and
maybe changed at any time, but will not be changed without due notice to Fiscal Agents.
-3-
Attachment A-2
STATEMENT OF WORK
Subcontractor: Youth Odyssey
Program Name: Adventure Program
I. SERVICES TO BE PROVIDED
1) Describe the service to be provided in detail:
Adventure 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 15 youth
per session. The onsite activities are two-hour sessions.
2 Stationary Ropes Course Challenge Sessions that will serve a max of 13 youth
per session. These are from 9:00 a.m. until 3:00 p.m.
1 Adventure Wilderness Trip that will serve a max of 12 youth on each trip. The
trips are from Friday afternoon till Sunday afternoon.
1 Graduation Trip that will serve a max of 12 youth on each trip. The trip is a
local overnight campout that includes parents, youth, and volunteers. Awards are
provided for each participant.
Description of Programming:
a. 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 onsite at
the referring agency. The Stationary Ropes Challenge Course is located on Hwy 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 Wall.
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.
b. 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 (NOES) 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 5:00 p.m. on Friday
evening for transportation by Youth Odyssey's 15-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. In addition depending
on the location of the trip, kayaking, rock climbing, and other activities are also
taught. Youth are also introduced to the concept of environmental stewardship
'cs-T-his-conceptteaehes an~eeeptanc~-e~persenal ---
responsibility for maintaining the health and beauty of the natural environment.
Each activity during 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.
-5-
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:
Goal Setting -Goal Setting is a critical component since it provides a
sourde of measure.
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.
Trust -Trust activities focus on one-to-one as well as group trust.
Cooperation -The activities at this level gives the youth a sense of
accomplishment through cooperation.
Group Challenge -Activities are "problem-solving" in nature and
experiences are related to real life.
• Leadership -Leadership activities assist youth in developing leadership
skills and experience following a leader.
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:
1. South Park Middle School, 3001 McArdle, Corpus Christi, TX 78415
2. Carroll High School, Weber Road, Corpus Christi, TX 78411
3. Baker Middle School, 3445 Pecan, Corpus Christi, TX 78411
4. Ropes Course located off of Interstate 37 towards San Antonio
5. Various State Parks including but not limited to Enchanted Rock, Austin, TX
and Garner State Park, Concan, TX
3) Inclusive dates of Service: From September 1, 2008 to August 31, 2009
4)
Davs and Hours of provided services:
The Adventure Wilderness trips take place on weekends and holidays. Exact program
dates are chosen after a grant is awarded. Reservations at Texas State Parks are
made at that time. (Texas Parks & Wildlife require a 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 undualicated vouth to be served/adults to be served (if apalicablel: 72
-6-
6) Mentor to youth ratio: 2 to 15 and 1 to 4
7) Describe the target oooulation to be served:
Youth ages 12-17 years of age to be served. Since programming is voluntary, the
target 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
mastery and competenbe to address the problems that lead to juvenile crime.
8) Describe each goal of the service and/or oroaram including the impact on juvenile
crime:
Goal(s): To bring the Youth Odyssey experience (provide social and life skills
development) to at-risk youth residing in the 78415 zip code
Objective(s): Within a 3 month period, each participant in a Youth Odyssey class
will have increased their social and life skills via outdoor programming to include
team building, ropes course, and adventure wilderness survival trip.
9) How will this service be available to families without transportation:
Youth Odyssey owns a 15-passenger van. All youth are provided transportation to
and from the activities. Youth Odyssey's staff is an experienced driver with valid
driver's licenses. Prior to departing to or from any activity site, the staff insures that
all participants are properly wearing their seatbelts. Youth Odyssey adheres to a
strict maintenance schedule and maintains current insurance coverage.
10)Describe the "safe aassaae" clan for youth/families without transportation:
Youth Odyssey owns a 15-passenger van. All youth are provided transportation to
and from the activities. Youth Odyssey's staff is an experienced driver with valid
driver's licenses. Prior to departing to or from any activity site, the staff insures that
all participants are properly wearing their 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. This raises the center of gravity even
higher and can increase the possibility of rollover in an emergency maneuver.
- When the 15-passenger van is not full, passengers should sit in seats that are in
ron o e rear ax e.
- 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 15-passenger vans are critical
factors in reducing the risks of rollover. Do not drive when tired or under any
conditions that would compromise your driving ability.
- All passengers MUST be wearing a seatbelt AT ALL TIMES.
-7-
11)Staffina~ Describe the staffing plan for FY08 including staff supervision and support
and how adequate staffing in the case of vacancies or extended absences will be
ensured:
All positions require 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, EMT/Wilderness First
Responder, Full Ropes Course and Lifeguard certifications. Must have experience
working with youth in a camp setting.
The employment screening process includes: Application review, Interview, Background
check, Valid Driver's License, Reference and Constant Evaluations.
Criteria for Volunteers -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-Ib
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 mandatory.
Screening for volunteers: 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 howto
work with the youth and to handle difficult situations that may arise. Volunteers are
required to attend classes provided by Youth Odyssey. The classes will provide
classroom instruction on Problem Identification: Signs and Symptoms and Prevention
and Maintenance of Aggressive Behavior.
Volunteers with all Youth Odyssey activities must have current certifications in Adult
CPR and Standard First Aid.
Volunteers with the Adventure Wilderness Program (that include belaying) and all
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.
a io o a m)-_.___
Portable Team Challenges 1-15 ratio
Ropes Courses - 1-6
Adventure Wilderness -1-4 ratio
In the event of vacancies and staff absences -The executive director and program
director supervise all staff. Weekly meetings are held to address any on-the-job issues,
issues/concerns with the programs, ways to better reach the youth, and general checks
on personal well-being and satisfaction with theirjob and performance. In the case that
-S-
a staff member has to leave without notice or short notice, the program director and
executive director are able to take over the programs and responsibilities. Inaddition,
Youth Odyssey has access to volunteers (all with background checks and clearance)
who can step in and lead aerogram/activity if needed. These volunteers are past
employees, teachers, and all have professional training in the activities conducted by
Youth Odyssey.
II. CYD CLIENT REGISTRATION AND TRACKING SERVICES
a) A RegistrationlConsent Form must be explained to every individual participating in
every CYD 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/Consent Form must be completed for every individual participating in
any CYD Program for each fiscal year. The Registration Forms must be submitted
monthly to the Fiscal Agent with the monthly billing.
c) A JD Service Tracking Form must be completed for every participant receiving
services(s) on a monthly basis. The Service Tracking Form must be submitted
monthly to the Fiscal Agent with the monthly billing.
Registration forms and Service Tracking forms must be submitted for each month
for which the subcontractor(s) request reimbursement for servicelprogram costs.
III. DOCUMENTATION OF SERVICES
Documentation of all services provided to each Community Youth Development
participant must be maintained. All of the services listed on a Service Tracking Form
must be documented.
IV. BILLING REQUIREMENTS
The Subcontractor will submit monthly billings specifying the costs incurred for each
month of service to the City representative listed below:
Community Youth Development
N-Celfrs~-Pu-ch~r -
CYD Program Manager
City of Corpus Christi
226 Enterprize Pkwy, Ste. 104
Corpus Christi, Texas 78405
The monthly billing will consist of the following documents:
a. Budget Information Summary and Reimbursement Request.
b. Copies of invoices and bills.
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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
f. Any Prevention and Early Intervention Surveys (Pre and Post)
g. Any Prevention and Early Intervention Satisfaction Surveys
Subcontractor will adhere to the following billing schedule:
EXPENDITURES THROUGH MONTHLY BILLING DUE DATE
September 30, 2008 October 5, 2008
October 31, 2008 November 5, 2008
November 30, 2008 December 5, 2008
December 31, 2008 January 5, 2009
January 31, 2009 February 5, 2009
February 29, 2009 March 5, 2009
March 31, 2009 April 5, 2009
April 30, 2009 May 5, 2009
May 31, 2009 June 5, 2009
June 30, 2009 July 5, 2009
July 31, 2009 August 5, 2009
August 31, 2009 September 5, 2009
V. EXPENDITURE SCHEDULE
Subcontractor agrees that if funds are not expended in accordance with Schedule A -
,$ui~rnntractnr Estimate of FY 2008-2009 Expenditures by June 30, 2009,
Subcontractor will lose any uncommitted funds in excess of $2,500, subject to
reinstatement through the appeals process set out below. Fiscal Agent will notify
Subcontractor in writing 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 wilt
meet at an agreed upon time and Subcontractor will be given the opportunity to present
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their case. Fiscal Agent will make the final decision whetherto reinstate orforfeit any of
Subcontractor's excess uncommitted funds. Any excess funds forfeited by any
Subcontractor will be used for other CYD programs.
,Schedule A -Subcontractor Estimate of FY200~ Expenditures
Month Estimated
Expenditures Percent of Total
Bucket
September 2008 $ 114 ,3g%
October 2008 $ 3090 10.3%
November 2008 $ 2760 g.2%
December 2008 $ 2850 9.5%
January 2009 $ 228 .76%
February 2009 $ 2970 9.9%
March 2009 $ 3222 10.74%
April 2009 $ 3090 10.3%
May 2009 $ 5340 17.8%
June 2009 $ 2970 9.9%
July 2009 $ 2646 8.82%
August 2009 $ 720 2.4%
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ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2008 -August 31, 2009
Summary Budget
FY09
COST CATEGORY TOTAL
1. A Personnel -Salaries $0.00
B Personnel - Frin a Benefits 0.00
C Personnel -Travel 0.00
2. Materials and Su lies 0.00
3. E ui ment 0.00
4. Other Costs* 30,000.00
TOTAL BUDGET $30 000.00
Cash Match
In-kind Match
*Billed as a "per unit' basis
$30,000.00
$12,459.00
_12_
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2008 -August 31, 2009
(1 a) Personnel -Salaries
FY09
A
Position or Title B
Number
of Staff
for
Position C
Average Full
Time Monthly
Salary D
Percent of
Time on
Budgeted
Position E
Number of
Months
Employed F
Cost
(BxCxDxE)
(Total)
NONE 0.00
TOTAL SALARIES Total 0.00
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ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2008 -August 31, 2009
(1b) Personnel -Fringe Benefits (Employer's Share)
FY09
'
Frln a Benefits Based on 1a Salaries Paid' Fringe Benefits Based
on 1a Salaries Paid
NONE $0.00
TOTAL FRINGE BENEFITS $0.00
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ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2008 -August 31, 2009
(1c) Personnel -Travel
FY09
Type of Expense (transportation, food, Purpose (Destination and Benefits Total
lod in miles a to Pro ram
NONE $0.00
TOTAL TRAVEL $0.00
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ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2008 -August 31, 2009
(2) Materials and Supplies
FY09
Descriation and Basis for Cost ~ ~ Total ~
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ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2008 -August 37, 2009
(3)'Rental, Lease, or Purchase of Equipment
FY09
Description and Basis for Valuation
Total
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ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2008 -August 31, 2009
(4) Other Costs
FY09
Descri tion and Basis for Cost Total
4 x Portable Team Challen a $9.165 x 72 outh $2,640.00
2 x Ro es Challen a Course $27.50 x 72 outh
1 x Adventure Wilderness Tri $300.00 x 72 outh $3,960.00
$21,600.00
1 x Graduation Tri $25.00 x 72 outh $1,800.00
TOTAL OTHER COSTS $30,000.00
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SUBCONTRACTOR: Youth Odyssey Request No.
CONTRACT PERIOD: 09/01/2008 to 08/31/2009 Reporting Month
TITLE: Community Youth Development Program
ATTACHMENT B-2
BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST
Amount
Budgeted
Personnel -Salaries 0.00
TOTAL .0.00
Personnel -Fringe 0.00
TOTAL 0.00
Personnel -Travel 0.00
TOTAL 0.00
Materials and Supplies 0.00
TOTAL 0.00
Rental, Lease or Purchase
of Equipment 0.00
TOTAL 0.00
Other Costs
Portable Team Challenge (4)
Ropes Challenge Course (2)
Adventure Wilderness Trip (1)
Graduation Trip (1)
TOTAL
TOTAL
2,640.00
3,960.00
21,soo.oo
1,800.00
30, 000.00
30,000.00
(1) - (2) *City Use
(1) YTD (2) YTD Amount Only
Expended Invoiced Requested' Amnt. Paid
* Amounts expended cannot exceed amount budgeted.
I certify that the expenditures shown above are true and that supporting documentation
is attached to substantiate them.
Subcontractor's Authorized Signature Date
Payment Authorization Signature Date
1 s-
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
wmpleted by a 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 $458.00 for six-nine weeks of programming. We
will only bill for CYD-eligible vouth and only for activities thev 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 '02,'03, 04, 05, 06 and 07. There is an increase in cost due to
increasing gasoline prices. The narrative below will support with detail how the
following cost were calculated:
4 Portable Team Challenges $9.165 a youth X 4 sessions = $ 36.66
2 Ropes Challenge Courses $27.50 a youth X 2 sessions = $ 55.00
1 Adventure Wilderness Trip $300 a youth X 1 trip = $300.00
1 Graduation Ceremony Trip $ 25 a youth X 1 trip = 25.00
Total per youth for a completed session = $416.66
Grant Request for 2008-2009 - $416.66 per session X 72 CYD youth =
$30,000.00
Budget Detail - $30,000
• Personnel -Salaries - $17,080
1. Program Manager -
28% of the Program Manager's time will be spent on the
implementation and supervision of the Adventure Challenge Program
for CYD-78415.
-20-
28% X 35,000 = $9,800
Program Leader-
28% of the Program Leader's-time will be spent on the facilitating of
the Adventure Challenge Sessions for CYD-78415.
28% X 26,000 = $7,280
Personnel -Fringe Benefits - $1,151
1. Fica and Medicare
The above salaries are $15,050. Fringe benefits are calculated as follows:
$15,050 X 7.65% (fica and medi) $ 1,151
Personnel -Travel - $3,681.50 (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 .585 cents a mile X 5 trips $ 1,755
2. Mobile Ropes Challenge Course -Includes all travel to referral agencies
and for transportation of challenges to onsite locations.
20 miles X .585 cents a mile X 20 sessions $ 234
3. Ropes Challenge Course - 137
50 miles X .585 cents a mile X 10 sessions $ 292.50
4. Program Manager and Program Leader -Staff Training
Flight/Lodging $ 1,400
Materials and Supplies- $353.62
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.
$20 cleaning per trip $ 100
2. Photography -Youth Odyssey has been requested by CYD to provide
photos and recap of each trip.
Photo and developing $ 50
3. Office Supplies -Basic consumable office supplies such as paper, pens,
etc. Based on prior year's expenses $ 203.62
• Other Cost - $10,794
1. Staff Training
Ropes Course Facilitator Re-certification $ 125
Ropes Course Certification -new staff _ _ _ $ 350
Wilderness First Responder Certification $ 980
Training and Housing
2. Insurance
Van - 50% of the annual cost of 2 van insurance
50% X $2,359 $1,180
Wilderness Adventure Insurance
$8.25 X 15 participants X 5 trips
$11.00 X 15 participants X 5 trips $1,444
-21-
3. Camping Fees
Youth Odyssey buys a $100 permit each year for unlimited
entry fees into the parks. 25% of this cost is allotted to
CYD - 78415. $ 25
Camp site Fees
$60 per weekend X 5 trips ~ $ 300
4. Adventure Wilderness Meals
Youth Odyssey spends $350 per trip to feed participants.
This includes food in route to campsite.
$275 X 5 trips and $75 X 5 reunions, $1,750
5. Livery Rental
2 Adventure Wilderness Trips X $300 $ 600
6. Ropes Challenge Course $300 X 10 sessions $3,000
7. Program Printing
35% of the annual cost of the printing of youth packets
(includes applications, releases, itineraries, and
general information). $ 376
8. Program Postage
25% of the annual cost of the postage to mail packets,
surveys, and evaluations. $ 125
9. Telephone
20% of the annual cost of Youth Odyssey's telephone
Program Manager's cellular phone, and the Program Leader's
cellular phone (provided for emergency access during
programming and for general networking). $ 539
In-Kind Match - $10,392
A. Rent - $6,000
2 Trailers and gear storage
500 X 12 months $6,000
Kayaks /Trailer Storage 500 X 12 months 6 000
Total $12,000
$12,000 X 50% CYD allotment $ 6,000
B. Volunteer Time - $6,459
Every Adventure Wilderness Trip is made possible by the
Donation of Volunteer time.
2 volunteers X 5 trips X 48 hours per trip X $12.50 per hr $6,000
Fringe Benefit for Volunteer time $4,080 X 7.65% $ 312
_22_
Attachment C
STANDARD TERMS AND CONDITIONS
(Community Youth Development Program Contracts)
Parties. For the purposes of this document, the Texas Department of Family and
Protective Services will hereinafter be referred to as the Department. The City of
Corpus Christi will hereinafter be referred to as the Fiscal Agent. "Youth Odyssey, Inc."
will hereinafter be referred to as the Subcontractor. The Community Youth
Development Program will hereinafter be referred to as CYD Program.
SECTION 1. LEGAL AUTHORITY
Subcontractor assures and guarantees that it possesses the legal authority to enter into
this Contract, to receive the funds authorized by this Contract, and to perform the
services Subcontractor has obligated itself to perform under this Contract. The person
signing this Contract on behalf of Subcontractor hereby warrants that he/she has been
fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor
and to validly and legally bind the Subcontractor to all the terms, performances, and
provisions herein set forth.
Acceptance of funds under this contract acts as acceptance of the authority of the State
Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit
or investigate the expenditure of funds under this contract or any subcontract.
Subcontractor further agrees to cooperate fully with the State Auditor's Office or its
successor, including providing all records requested. Subcontractor will ensure that this
clause concerning the authority to audit funds received indirectly by subcontractors
through Subcontractor and the requirements to cooperate is included in any
subcontract it awards.
The Subcontractor agrees to be in compliance with all applicable Federal, State and
local laws, including but not limited to, the following: 45 Code of Federal Regulations
("CFR") Part 92, Office of Management and Budget ("OMB") Circulars A-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, OMB Circulars A-87, A-122, A-110, and 40 TAC
732.240-256.
SECTION 2. IND FTACTOR--
It is expressly understood and agreed that the Fiscal Agent is contracting with
Subcontractor as an independent contractor. No provision of this Contractor act of the
Fiscal Agent in performance of this Contract shall be construed as making
Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of
Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely
responsible for employee payrolls and claims arising therefrom.
- 23 -
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
is-6ontraet--F-ailurate-cemply-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
day of the Contract Period.
G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this
- 24 -
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.
The Subcontractor is responsible for submitting bills in an accurate and timely
manner by the 5th day following the month in which services are provided. The
Fiscal Agent will make reasonable efforts to process all bills received in an
accurate and timely manner but does not warrant immediate payment.
Reimbursements to Subcontractor will be paid by the Fiscal Agent when payment
is received from the Department.
J. The Subcontractor understands and agrees that prior written approval must be
secured:
For transfers between line items for any dollar amount. Lack of prior
approval in these instances will be grounds for nonpayment of the item or
items involved;
2. When transfers, regardless of the amount, would result in a significant
change in the character or scope of the programs. Lack of prior approval
in these instances will be grounds for recovery of unapproved payments
and 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
- 25 -
paid for the same service from funds other than CYD Program funds. In the case
of duplicate payments, the Fiscal Agent may also withhold any earned funds of
Subcontractor under this Contract or any other Contract pending satisfaction of
any repayment obligations under this Contract or any other Contract due to
payments which were improper or unauthorized. ,
SECTION 5. CHANGES AND AMENDMENTS
The Subcontractor agrees to notify the Fiscal Agent immediately of any significant
change affecting the Subcontractor including, but not limited to, change of
Subcontractor's name or identity, ownership or control, governing board membership,
personnel, or payee identification number. Subcontractor shall provide notice in writing
to Fiscal Agent within ten (10) working days of change.
No changes or amendments to this Contract shall be made except in writing and signed
by both parties hereto, unless such change is in the form of a written notice of
modification or directive issued by the Fiscal Agent as described below.
A. The Fiscal Agent may give a notice of modification or directive in the event any
alterations, deletions, or additions are required due to changes in Federal or State
laws or regulations applicable to CYD programs, which changes shall take effect
automatically upon the effective date of such Federal or State laws or regulations.
B. Reimbursement made to the Subcontractor shall not exceed the Subcontractor's
actual costs to provide the services under this Contract and that the
Subcontractor's actual costs, both direct and indirect, must be allowable,
reasonable and allocable according to 45 CFR Part 92, OMB 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.
- 26 -
SECTION 6. ACCOUNTING REQUIREMENTS
The Subcontractor agrees to adhere to Generally Accepted Accounting Principles
promulgated by the American Institute of Certified Public Accountants and to follow
Fiscal Agent and Department fiscal rfranagement policies and procedures in submitting ,
timely billing'and maintaining financial records required to be kept under this Contract.
SECTION 7. RECORD KEEPINGIREPORTING REQUIREMENTS
A. The Subcontractor agrees to submit seroic~ 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 all litigation, claims, or audit findings are resolved. The case is
considered resolved when a final order is issued in litigation, or a written
agreement is entered into between the Department/Fiscal Agent and the
Subcontractor. Contract Period means the beginning date through the ending
date specified in the original Contract; extensions are considered to be separate
Contract periods.
C. Subcontractor shall complete and submit all necessary data on participants
enrolled in its program and must do so according to instructions and definitions
prescribed by the Department and the Fiscal Agent.
D. Failure to submit required reports to the Fiscal Agent may result in withholding by
the Fiscal Agent of any payments otherwise due until such time as the
u con ra inquest-obligations: - - -
E. Subcontractor shall submit aself-evaluation report within 45 days following the end
of the Contract Period. The self-evaluation report should address the
accomplishments of the program/services, the effectiveness of the services
provided, and the attainment of output measures, evidence-based performance
measures and program goals listed in this Contract.
- z7 -
SECTION 8. SUBCONTRACTING
A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose
of this Contract or any right, title, obligation or interest it may have therein to any
third party without prior written approval of the Fiscal Agent, which includes full
disclosure of the particulars of such agreement and special assurances that such
third party shall comply with all provisions of the governing laws, the terms and
conditions of this Contract, State of Texas policies, Federal regulations and Fiscal
Agent policies, including the qualifications of the Subcontractor to perform and
.meet standards of this Contract and the Community Youth Development Plan of
Operation. Anon-governmental Subcontractor shall assume full liability for any
third party actions and shall hold harmless the Fiscal Agent, the Department, and
the State of Texas from the actions of any third parry. 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
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.
- 28 -
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 alsq 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 otheP 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
e u con rac or agree ~ services irraccordanoe-with-the-provisions-off
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
- 29 -
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 ttre terms and conditions of this Contract. The monitoring process
will include an analysis of program data provided by the Subcontractor to assess
the performance of this Contract and the quality of services. Monitoring shall
include review of results of criminal background checks and affidavits required
under this Contract of all Subcontractor employees or volunteers indirect client
contact.
D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will
present all findings and recommended corrective actions, if applicable, to
Subcontractor.
E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal
Agent within thirty (30) calendar days after receipt of the monitoring report with all
corrective actions planned or taken and specific detailed procedures and actions
initiated to preclude any recurrence of the practices, discrepancies, and
irregularities identified in the monitoring report.
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.
a written statement of closure by the Fiscal Agent or Department, as applicable.
SECTION 12.
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
- 30 -
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, withintwenty-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 date and
date-related data by any product developed and delivered to Fiscal Agent
pursuant to this Contract. Fault-free performance includes manipulation of data
with dates prior to, through, and beyond January 1, 2000, and during leap years.
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.
- 31 -
SECTION 14. TAXES
The Fiscal Agent and the Department will not be liable for Federal, State, or local excise
taxes incurred by or assessed against Subcontractor. The Subcontractor must be able
to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section
1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of
Internal Revenue Service Form W-2s to common law employees. The Subcontractor is
responsible for both Federal and State unemployment insurance coverage and
standard workers' compensation insurance coverage. The Fiscal Agent and
Department will not be liable to the Subcontractor or its employees for any
unemployment or workers' compensation coverage, or Federal or State withholding
requirements. The Subcontractor must comply with all Federal and State tax laws and
withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and
Department and pay to the Fiscal Agent or Department all costs, penalties, or losses
whatsoever occasioned by the Subcontractor's omission or breach of this section.
SECTION 15. DISPUTES
The Fiscal Agent is responsible for hearing any grievances, including disputes, claims
or protests, arising out of the administration and operations of programs funded under
CYD Program. Non-discrimination complaints alleging a violation of the CYD Program
must be initiated by filing a Grievance Information Form within 365 days of the action
complained of. Non-discrimination complaints that do not allege a violation of the CYD
Program may be initiated by filing a Grievance Information Form within 30 days of the
action complained of. Correspondence regarding a complaint or grievance should be
directed to the attention of the Fiscal Agent.
SECTION 16. INDEPENDENT AUDIT
The Subcontractor agrees to submit an annual financial and compliance audit of the
Subcontractor's fiscal year-end in accordance with the Single Audit requirements of
OMB Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations).
A. Subcontractor understands and agrees that it shall be liable for all costs
associated with said audit.
B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for
any costs disallowed as a result of said audit in accordance with the "Liability for
's-C-arrtraet-as-set-aut-in~eetion-4-ef-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.
- 32 -
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 Contractor applicable State Regulations.
SECTION 17. PREVENTION OF CONFLICTING INTERESTS
A. Every reasonable course of action shall be taken by the Subcontractor to maintain
the integrity of this expenditure of public funds and to avoid favoritism and
questionable or improper conduct. This Contract shall be administered in an
impartial manner, free from personal, financial, or political gain. Subcontractor, its
executive staff, and employees, in administering this Contract, shall avoid
situations that give an appearance or suggestion that any decision was influenced
by prejudice, bias, special interest or desire for personal gain.
B. No member, officer, agent, or employee of the Fiscal Agent or the Department
who exercises any functions or responsibilities in the review or the approval of the
undertaking or carrying out of this Contract shall participate in any decision relating
to this Contract which affects his/her financial interest.
C. Executives and employees of Subcontractor shall be particularly aware of the
varying degrees of influence that can be exerted by personal friends and
associates and shall exercise due diligence to avoid situations which give rise to
an appearance or assertion that favorable treatment is being granted by friends
and associates who are also members, officers, agents, or employees of the
Fiscal Agent or the Department. A permanent record of any transaction involving a
Subcontractor who is also a friend or associate of a member, officer, agent, or
employee of the Fiscal Agent or the Department shall be retained when it is in the
public interest for the Fiscal Agent or the Department to conduct business with
such person.
D. Members, officers, agents, and employees of the Fiscal Agent or the Department
and elected officials shall not solicit nor accept money or any other consideration
y-other~hird-person-for-the-performance-of-anact ----
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.
- 33 -
SECTION 18. FRAUD AND ABUSE PREVENTION
A. Subcontractor shall establish, maintain, and utilize internal program management
procedures sufficient to provide for proper and effective management and the
prevention of fraud and abuse in all activities funded under this Contract.
B. Failure on the part of Subcontractor to comply with the provisions of this Contract
or with the Department, or applicable regulations, when such failure involves fraud
or misappropriation of funds, may result in immediate withholding of funds and
termination of this Contract for cause.
C. Subcontractor shall ensure diligence in maintaining programs under this Contract
including the carrying out of appropriate monitoring activities and in taking
immediate corrective action against known violations of Department regulations.
D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the
fastest means available, upon discovery of any incident of fraud, or suspected
fraud, involving this program.
SECTION 19. INDEMNIFICATION
The Subcontractor shall indemnify and hold harmless the Fiscal
Agent and the Department, their officers, agents, representatives, and
employees, from and against any and all claims or losses for physical
damage to property or injury to persons resulting from- negligence,
misconduct, or any act or omission on the part of the Subcontractor,
its officers, agents, employees, representatives, or Sub-
subcontractors. In the event of loss, damage, or destruction of any
property due to the negligence, misconduct, act or om~ss~on or me
Subcontractor, the Subcontractor shall indemnify and pay full cost of
repair, reconstruction, or replacement, at the discretion of the Fiscal
Agent and Department. Such cost shall be due and payable by the
Subcontractor within ten (10) calendar days after the date of receipt of
written notice from the Fiscal Agent or Department of the amount due.
The State of Texas, Department, and Fiscal Agent, and their
respective employees, officers, agents, and representatives can
neither agree to hold the Subcontractor harmless nor agree to
indemnify the Subcontractor and any provisions to the contrary are
void.
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SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED
Subcontractor shall ensure that no funds under this Contract shall be used directly or
indirectly in the support of any religious oranti-religious activity, worship, or instruction.
SECTION 21. POLITICAL ACTIVITYILOBBYING
The Subcontractor will not use any funding under this Contract to influence the outcome
of elections or the passage or defeat of any legislative measures.
No funds provided under this Contract may be used in any way to influence or attempt
to influence in any manner a member of Congress to favor or oppose any legislation or
appropriation by Congress or for lobbying with State or local legislators. Subcontractor
shall comply with the requirements of New Restrictions on Lobbying imposed by 29
CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55,
No. 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
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
' ity-guidelines-regarding~klBS-andTl"`; -
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,
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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
Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution
Control Act, 33 USC 1251 et seq., as amended;
10. Immediately remove any agent, officer, employee, representative, or volunteer
from direct client contact who is alleged to have committed child abuse,
neglect, or exploitation, or an offense against the person, an offense against
' " valuing-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
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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.Allowany of Subcontractor's employees to testify in judicial proceedings and
administrative hearings, at the request of the Department or Fiscal Agent; and,
13. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163), as amended.
B. The Subcontractor shall have written participant and employee grievance
procedures consistent with applicable Federal and State requirements. The
Subcontractor shall establish and maintain complaint procedures to resolve all
complaints arising directly or indirectly out of this Contract.
C. As subcontracts and supplier contracts become necessary to carry out the
requirements of this Contract, Subcontractor covenants to make a good faith effort
to contract with historically underutilized or disadvantaged businesses certified as
such by the State of Texas. Subcontractor shall make a good faith effort to
contract at least thirty (30) percent of the total value of all subcontracts and
supplier contracts for the performance of the activities required by this Contract to
historically underutilized or disadvantaged businesses.
SECTION 23. HEALTH AND SAFETY STANDARDS
Health and safety standards established under Federal, State and local laws are
applicable to working conditions of participants in programs under this Contract. With
respect to any participant in a program conducted under this Contract who is engaged
in activities which are not covered by health and safety standards under the
Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the
Department may prescribe such standards as may be necessary to protect the health
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-
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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,OOQ.00 minimum or up to the Contract amount, whichever is
greater;
2. Commercial General Liability Coverage at a five hundred thousand dollar
($500,000) minimum for each occurrence limit and one million dollars
($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall
be provided with at least 30 days notice of policy or bond cancellation, intent to
not renew, or material change in the policy or bond;
3. Automobile liability insurance in the broad form, applicable if Subcontractor
uses an automobile, whether owned, leased, or non-owned in conducting its
performance under this Contract, is required which shall have a minimum
required coverage of $500,000 combined single limit. In the event
Subcontractor requires its employees, trainees, volunteers, or other agents to
utilize their own automobiles in the performance of this Contract, Subcontractor
shall secure and maintain on file from all such persons aself-certification of
such coverage; and
4. Workers' compensation and adequate on-site medical and accident insurance
shall be required for all of Subcontractor's employees and enrolled participants,
respectively, appropriate to participant activity. Workers' compensation
coverage shall be required of all organizations serving as employers of record
for any participant, whether that organization is the Subcontractor or a third
party; on-site medical and accident insurance shall be required for all non-work
setting and classroom training activities for participants not qualifying as
employees under the workers' compensation laws. Participants who are
employees must be given comparable benefits afforded by the employer to
other employees of similar standing in the employer's workforce.
B. All coverage must be with insurance companies or carriers rated for financial
~, ~~
purposes A or better whose policies cover risks located in the State of Texas. All
bonds, policies, and coverage described above shall be maintained during the
entire term of Contract awarded. Lapse of any coverage or bond required herein
shall be considered breach of Contract and Contract awarded shall be immediately
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
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contained in Sectioh 19 (Indemnification) of these Standard Terms and'
Conditions.
E. The Fiscal Agent shall be named as a Certificate Holder on all policies named
above and such coverage shall not be canceled or materially changed unless, 30
days prior to the effective date, a written notice is sent to the Fiscal Agent at the
address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal
Agent shall not be responsible for the payment of premiums or assessments on
such policies.
SECTION 25. DEBARMENT AND SUSPENSION
A. The Subcontractor shall comply with the Federal regulations implementing
Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, as
amended, and, in so doing, provide to the Fiscal Agent and the Department, upon
Subcontractor's signature and execution of this Contract and prior to Fiscal
Agent's execution of this Contract, a certification bearing the following statement:
Subcontractor certifies that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal
department or agency.
A copy of this certificate and regulations shall be provided to Subcontractor by
Fiscal Agent.
B. Additionally, the Subcontractor shall comply with this regulation and requirement
with regards to its subcontractors. Subcontractor shall require the same
certification from its subcontractors, which shall be forwarded to Fiscal Agent along
with the request for Sub-subcontractor approval as required by Section 8
(Subcontracting) of these Standard Terms and Conditions.
SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
A. In developing, copying, and disseminating reports or other information under this
Contract, the Subcontractor agrees to the following:
1. Grant to the Department the right to copyright, use, reproduce, and distribute any
ma ena wn -the-Subcontractor-that-is-the-subjeet-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
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against the State of Texas, the Department, or the Fiscal Agent on this issue
in any suit or proceeding defended by the Subcontractor. The Subcontractor
will be relieved of this obligation if, within 30 days after the Fiscal Agent and
Department receive notice, the Fiscal Agent or Department fails to notify the
Subcontractor in writing of any claim, suit, or proceeding and, at the
Subcontractor's expense, give the Subcontractor all information needed to
defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney
General of Texas.
B. With respect to any invention resulting from this Contract, the Fiscal Agent and the
Department have a nonexclusive, non-transferable, irrevocable, paid-up license to
practice or have practiced the subject invention throughout the world.
C. The Subcontractor shall report to the Fiscal Agent and the Department within 30
days and in reasonable written detail each notice or claim of patent or copyright
infringement based on the performance of this Contract of which the
Subcontractor has knowledge.
D. In the event of any claim or suit against the Fiscal Agent or the Department on
account of any alleged patent or copyright infringement arising out of the
performance of this Contract or out of the use of any supplies furnished or work or
services performed under this Contract, the Subcontractor shall furnish to the
Fiscal Agent and the Department, when requested, all evidence and information at
the expense of the Fiscal Agent or the Department except where the
Subcontractor has agreed to indemnify the Fiscal Agent or the Department.
E. The Subcontractor agrees to include, and require inclusion of, this clause in all
subcontracts at any tier for supplies or services expected to exceed $15,000.
SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION
Subcontractor agrees to maintain the confidentiality of any information regarding
applicants, program participants, and their immediate families which may be obtained
through application forms, interviews, tests, reports from public agencies or counselors,
or any other source. Without the permission of the applicant or participant, such
information may be disclosed only as necessary for purposes related to the
performance or evaluation of this Contract and to persons having responsibilities under
this Contract. However Subcontractor's information may be subiect to reouired public
blie-Irrfermation-Act 6haater~of-thg-Teacas -
Government Code.
SECTION 28. COMMUNICATIONS
All notices and requests given to or made to the parties must, except as otherwise
specified, be in writing and delivered or mailed at the notice addresses specified on the
Cover Sheet of this Contract. The parties may change their notice addresses upon five
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(5) written days notice to the other party. Any notices or requests are deemed given
upon actual delivery or depositing the same with the U.S. Postal Service, properly
addressed, postage prepaid, certified mail, return receipt requested.
SECTION 29. GENERAL STANDARDS OF PERFORMANCE
A. Subcontractor agrees that the level of services and activities performed shall be
maintained in accordance with the terms and conditions of this Contract.
B. The Performance Measures, Attachment A-1 to this Contract, Statement of Work,
Attachment A-2 to this Contract, Budget, Attachment B-1 to this Contract, and
Budget Narrative, Attachment B-3 to this Contract, constitute promised
performance under this Contract. If Subcontractor fails to meet the performance
goals for any monthly period as specified under this Contract, this Contract is
subject to obligation or termination in accordance with this Contract.
SECTION 30. ENTIRE AGREEMENT
A. All oral or written agreements between the parties relating to the subject matter of
this Contract made prior to the execution of this Contract have been incorporated
herein.
C. Subcontractor understands and agrees that the Attachments designated on the
Cover Sheet of this Contract are a part of this Contract and constitute promised
performance by Subcontractor under this Contract.
SECTION 31. CONTINGENT ON FUNDING
This Contract is at all times contingent upon the availability and receipt of Federal or
State funds that the Fiscal Agent and Department have allocated to this Contract; and if
funds for this Contract become unavailable during any budget period, this Contract may
be immediately terminated or reduced at the discretion of the Fiscal Agent or
Department.
The Fiscal Agent's obligation is contingent upon the availability of funds from which
payment for the Contract can be made. No legal liability on the part of the Fiscal Agent
for payment of any money arises unless and until funds are made available to the
Fiscal Agent.
SECTION 32. TRAINER 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,
- 91 -
knowledge, and abilities necessary to perform the duties of the position. The
Fiscal Agent or Department reserves the right to review and approve all staff
qualifications and certifications.
B. Staffing personnel must be maintained at the level negotiated and contracted for
between the Subcontractor and the Fiscal Agent. Changes in staff positions or
reduction in hours shall be immediately reported to Fiscal Agent for review and
approval.
C. Subcontractor agrees and understands the performance of work proposed,
negotiated, and contracted for must be maintained at the level agreed upon at
initiation of this Contract. Any deviation from these requirements must be reported
to Fiscal Agent. Failure to maintain qualified personnel, the required level of
performance, approved curriculum, and other pertinent quality control standards
required by the Fiscal Agent and Department may constitute a breach of this
Contract, grounds for termination of this Contract by the Fiscal Agent or the
Department, and refund of amounts to Fiscal Agent or Department.
SECTION 33. TERMINATION
A. If the Subcontractor fails to provide services according to the provisions of this
Contract, the Fiscal Agent or Department may, upon written notice of default to the
Subcontractor, terminate all or any part of the Contract. Termination may be
exercised in addition to any other rights and remedies provided by law or under
this Contract.
B. The Fiscal Agent or the Department, based on information from monitoring or
other verifiable sources, may terminate this Contract for cause or take other
actions, including, but not limited to:
1. requiring the Subcontractor to take specific corrective actions in order to remain
in compliance with any contractual provision;
2. to recoup payments made to the Subcontractor or impose administrative error
sanctions based on audit findings of violations of Contract requirements; and,
3. to suspend, place into abeyance or remove any contractual rights to include,
but which are not limited to, withholding of payment, cessation of placement
. hts--
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.
- 42 -
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 Subcontractor's license, certificate or permit has been revoked by any agency
listed in Article II of the General Appropriations Act passed by the 75th Legislature
of the State of Texas, as it may be amended.
SECTION 34. FORCE MAJEURE
The Subcontractor agrees to be financially liable for undue delays or failures in Contract
performance except for any delay in or failure of performance of any requirement
caused by force majeure (i.e., those causes generally recognized under Texas law as
constituting impossible conditions). Such delays or failures to perform shall extend the
period of performance at the discretion of the Department, in the exercise of reasonable
diligence, until these exigencies have been removed. The Subcontractor shall inform
the Fiscal Agent and the Department in writing of proof of such force majeure within
three (3) business days or otherwise waive this right as a defense. The Subcontractor
agrees that breach of this provision entitles the Fiscal Agent or Department to reduce or
stop payments, immediately terminate this Contract, collect partial or whole payment for
services not timely delivered, collect other liquidated damages including the amount of
any bond for Contract amount, and any other remedies available to the Fiscal Agent
and Department under the terms of this Contract, in equity, or under Texas law.
SECTION 35. MONTHLY PERFORMANCE REVIEW
t-meet-at-least-monthlyTefeview-Subsentraster's - -
performance to determine whether Subcontractor is meeting all performance measures
identified in Attachment A-1.
SECTION 36. SUSPENSION OF PAYMENTS.
If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all
performance measures in Attachment A-1, or if Fiscal Agent determines in its sole
- 43 -
discretion that Subcontractor is not in compliance with all provisions of the Contract, the
Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal
Agent may suspend payments to Contractor until such time as Contractor is in full
compliance with the performance measures and all other provisions in this contract..
SECTION 37. REPAYMENT OF FUNDS.
Subcontractor shall issue repayment of funds to Fiscal Agent within 30 days of Fiscal
Agent's written demand for repayment if Fiscal Agent determines in its sole discretion
that Subcontractor has not met the Performance Measures identified in Attachment A-1
which relate to: number of unduplicated youth served, timely submission of billings and
monthly reports, youth served under the age of 10, percentage of participants involved
in mentoring services, completed asset surveys (initial and follow up asset surveys),
completed satisfaction questions, demonstration that CYD youth have increased
assets, CYD participants perceive services as effective and percentage of non referrec
CYD Youth to juvenile probation.
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