HomeMy WebLinkAboutC2009-499 - 12/14/2009 - NACONTRACT
(Cover Sheet)
TITLE OF CONTRACT: Community Youth Development
CONTRACT NO.: CYD 2010-8
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. Ste. 104 P.O. Box 331394
Corpus Christi, TX 78405 Corpus Christi, TX 78463
Telephone: (361) 826-4028 Telephone: (361) 361-946-6016
FAX: (361) 299-1410 FAX: (361) 361-334-2832
Contact Person: Celina Pulcher Contact Person: Rebekah A. Koeller
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 (AttachmentA-1)
Statement of Work (Attachment A-2)
Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3)
Standard Terms and Conditions (Attachment C)
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
Subcontractor agrees to abide by all terms and conditions specified herein, and it certifies that the
information provided to the City is true and correct in all respects to the best of its knowledge,
information, and belief.
The obligations of the City of Corpus Christi under this Contract are expressly contingent upon the
availability of funds for such purpose under the funding sources:
CONTRACT PERIOD: From: September 1, 2009 Through: August 31, 2010
FUNDING OBLIGATION: Not to exceed $30,000.00 for FY 2010 for Contract Period
stated above.
Executed in triplicate, each of which recognized as an original.
ATTEST:
Armando Chapa
City Secretary
City of Corpus Christi
I Escobar
ity Manager
Legal form approved Duo- ~ ~ , 2009;
a.. ~.~ ,a~-~
2009-499
12/14/09 ~^P1
Subcontractor:
Y ey
B:
Y
Rebe ah A. Koelle
Date•
Youth Odyssey
78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM
Youth Odyssey, Inc.
TABLE OF CONTENTS
Page No.
Contract Cover Sheet
Table of Contents ............................................................................................ i
Contracted Performance Measures (Attachment A-1) ................................1
Statement of Work (Attachment A-2) ............................................................. 5
Budget Information Forms (Attachment B-1) ...............................................17
Reimbursement Request Form (Attachment B-2) ........................................ 24
Budget Narrative (Attachment B-3) ................................................................ 25
Standard Terms and Conditions (Attachment C) ......................................... 28
Sections
1. Legal Authority
2. Independent Contractor
3. Financial Limitation
4. Liability for Payment
5. Changes and Amendments
6. Accounting Requirements
7. Record Keeping/Reporting Requirements
8. Subcontracting
9. Publicity
10. Technical Assistance
11. Monitoring and Assessment
12. Property
13. Year 2000 Compliance
14. Taxes
15. Disputes
16. Independent Audit
17. Prevention of Conflicting Interests
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. Communicatjons
29. General Standards of Performance
30. Entire Agreement
31. Contingent on Funding
32. Trainer Qualifications
33. Termination
34. Force Majeure
35. Monthly Performance Review
36. Suspension of Payments
37. Repayment of Funds
38. Subcontractor Compliance of Primary Contract
Subcontractor Assurances with Certification (Attachment D)
Certification Regarding Debarment (Attachment E)
Certification Regarding Federal Lobbying (Attachment F)
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Attachment A-1
Youth Odyssey, Inc.
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, 2009 thru August 31, 2010.
OUTPUTS
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, 2009 through :August 31, 2010 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 wfo was registered and counted in previous years must be counted
again when s/he receives her/his first service during the new contract period.
Target: 80
Nofe: 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.
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Indicator: Percent of youth under the age
contracted percentage cap. This cap must
service. If the cap is exceeded, those youth
be disallowed.
Target: 20%
of 10 years served does not exceed the
be met each month by each individual
may be considered ineligible and costs may
Output #4: Participants involved in mentoring services
Indicator: Percent of youth involved in mentoring services are within the targeted grades
(4tn _ $cn)
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. All youth between the ages of 10-17 are
eligible.
Target: Pre-Test -100%
Post-Test - 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%.
OUTCOMES
Outcome #1: 10-17 year old Target Youths report an increase in the protective factors.
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 10-17
year old 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 between 15 days prior to and 15 days after the four month
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anniversary of the youth having completed the initial asset inventory or when the youth
leaves the program, whichever comes first. Follow-up Post tests will be given once a year
until the end of the contract period.
Target: Minimum net 10% increase in youth protective factors.
Outcome #2: CYD Participants Perceive Services as Effective
Indicator: Percent of youth that report CYD services had a positive impact. For youth that
participate in multiple services, one survey should be completed corresponding to the first
program service in which they participated.
Target: 80%
Outcome #3: 10-17 year old Target Youths served in the CYD Program will not engage in
delinquent behavior.
Indicator: Percentage of 10-17 year old Target Youths that are not referred to a county
juvenile probation program while registered in and receiving services from a CYD program.
Data source: Texas Juvenile Probation Commission and PEIS database
Target: 95%
Note: Performance measures, indicators and targets are set at the discretion of DFPS and
maybe changed at any tirt~e, but will not be changed without due notice to Fiscal Agents.
Definitions
Aggregate - A total count or number derived by adding the number of protective factors identified by one 10-17
year old Target Youth to the number identified by another 10-17 year old Target Youth to the number identified by
another 10-17 year old Target Youth, and so on for all 10-17 year old Target Youths who completed a Protective
Factor Survey Questionnaire during. the outcome performance period.
Average Score (for the Satisfaction Survey Questionnaire) -For each completed Youth Satisfaction Survey
Questionnaire, add the scores for the first five items and divide by five.
Completed Protective Factor Survev Questionnaire - A 10-17 year old Target Youth responds to a minimum
of 80% of the questions in parts I and II of the questionnaire.
Completed Youth Satisfaction Survev Questionnaire - A Target Youth responds to a number from the 7-point
Likert scale for each of the first five items on the Questionnaire.
Eligible (to respond to the Post-Seririce Protective Factor Survev Questionnaire) - A 10-17 year old Target Youth
that has completed aPre-Service Protective Factor Survey Questionnaire and;
^ Completed the prescribed CYD Program; or
^ Participated in the CYD Program for 12 months from the date the Pre-Service Protective Factor
Survey Questionnaire was completed; or
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^ Exited the CYD Program.
Eligible (to respond to the Pre-Service Protective Factor Survev Questionnaire) - A 10-17 year old Target Youth
must be registered into the Community Youth Development Program.
Eligible (To respond to the Youth Satisfaction Survev Questionnaire) - A Target Youth that has:
^ Completed the prescribed CYD Program; or
^ Participated in the CYD Program for 12 months; or
^ Exited the CYD Program.
Exited - A Target Youth stopped accepting services during the output performance period without completing the
program.
Likert scale - A linear set of responses often used in questionnaires.
Post-Service Protective Factor Survev Questionnaire - A tool identical to the Pre-Service Protective Factor
Survey Questionnaire administered to the 10-17 year old Target Youth following the receipt of services and
designed to assess changes in the levels of the Target Youth's protective factors.
Pre-Service Protective Factor Survey Questionnaire - A tool administered to the 10-17 year old Target Youth
prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors.
Protective Factors -Personal characteristics or environmental conditions that interact with risk factors to reduce
the likelihood of problem behaviors.:
Satisfied - A response of five or higher on the 7-point Likert scale.
Target Youths -Youths through 17'years of age who live in and/or attend school in one of the designated ZIP
Code areas.
Unduplicated Target Youth - A Target Youth with a unique registration ID number who receives at least one
service is only counted one time during the performance period.
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Attachment A-2
STATEMENT OF WORK
Subcontractor: Youth Odyssey
Program Name: Adventure Challenge 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 8:30 a.m. until 4:00 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 Portable Team
Challenges and are typically 2-hour sessions conducted onsite at the referring
agency. The Stationary Ropes Challenge Course is located on Hwy I-37 and is
comprised of a full-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 team
from its successes and build trust and confidence as obstacles are overcome.
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High Elements
The High Elements of a Ropes Course emphasizes individual challenge and
accomplishment 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.
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.
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
modem 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, youth 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. They 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
through "Leave No Trace" ethics. This concept teaches an acceptance of personal
responsibility for maintaining the health and beauty of the natural environment.
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Each activity during the weekend includes reflection, evaluation and goal review to
help the youth derive tYleaning from what they have experienced and how the
experiences apply to their lives. Also, the whole team processes the entire day's
reflection on Saturday night around the campfire. This is reported as one the youth's
favorite part of the trip.
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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
source 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 -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 =activities that 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 Scholl, 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, 2009 to August 31, 2010
4) Days and Hours of provided services:
The Adventure Wilderness trips take place on weekends and holidays. Exact
program dates are chosen after a grant is awarded. Reservations at Texas State
Parks are made at that time. (Texas Parks & Wildlife require a deposit with
reservations and charge a cancellation or transfer fee). Dates -for the Ropes
Challenge Course and ;kayaking day trips will be scheduled during the sessions
coordinated through each agency's staff. The two-hour Portable Team Challenges
occur at different frequencies as specified by each agency's staff in accordance to
the need of their youth: All schedules are approved by each agency before the
official start date.
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5) Number of unduplicated youth to be served/adults to be served f if applicable): 80
6) Describe the target population to be served:
Youth Odyssey works with disadvantaged boys and girls between the ages of 11-17.
We do work with some 9-10 years old who are physically able to do our activities
and grasp the concepts we teach. Furthermore we serve the minority, at-risk youth
in our community who have issues at home, school, and in their social lives; all of
which can cause adverse behavior. For example but not limited to: social conduct
behavior problems, ADD, ADHD, gangs/violence, a current or history of
abuse/neglect, and low self-esteem. The following is the breakdown of the youth we
serve: 100% At-risk Youth, 98% -Minority, 49% -Male, 51 % -Female
7) Describe how CYD funds will be used to enhance existing services:
The CYD funds allow us to open up the program to more youth. Normally there is a
fee that is charged to participate, but this is waived using the CYD funds. It is
because of this that we are able to work with youth in the 78415 and really target
those youth that need assistance.
8) How will the services/program be culturally diverse:
The program does not discriminate in the youth that it serves. Because of the
rigorous ropes courses and the outdoor activities that the program introduces the
youth to, we do have to target youth that are older, but the program is open to all
youth that are interested. We do not discriminate regardless of race or creed and we
work diligently to ensure that youth give each other the same respect.
9) Describe each goal of the service and/or program, including the impact on iuvenile
crime: '`
The following goals of the Adventure Challenge Program will help the youth to make
better choices, thus decreasing their need to act out in violence/adverse behavior:
o To improve participating youth's life skills, including leadership, self-
confidence, communication, problem-solving, team building and trust;
o To increase the perception of healthy lifestyles and a sense of purpose for
the future;
o To provide at-risk youth with adult mentors that hold healthy beliefs and clear
standards;
o To provide activities that allows at-risk youth to be successful in building
social and behavioral skils;
o To provide at-risk youth with activities in a caring and supportive environment;
o To provide at-risk youth with opportunities to participate in activities that
produce a sense of usefulness and responsibility; and
o To provide at-risk youth with clear and attainable goals
Through the goals of tf~e Adventure Challenge Program, youth will reach the
following objectives and outcomes that work to counter the rising tide of juvenile
crime:
o To have 75% of`at-risk youth participating show an increase in their self-
confidence;
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o To have 75% of-at-risk youth participating show an increase in leadership;
o To have 75% ofat-risk youth participating show an increase in problem-
solving skills; +
o To have 75% of~:at-risk youth participating show an increase in team building
and trust;
o To have 75% of at-risk youth participating show a desire for future
participation in Healthy alternative activities that discourage risky behaviors.
10)How will this service be available to families without transportation:
Since Youth Odyssey does not have a central office this cuts the cost on our
programs and overhead but it also allows us to be more accessible to the general
public. We function purely on adjunct programming. Meaning we go to where the
youth are /live /attend school so parents do not have to provide transportation. We
will have programs at the local housing developments, after-school programs, and
other facilities such as`recreation centers and parks.
Youth Odyssey also has two 15-passenger vans in which we transport the youth to
our Ropes Course, Kayaking locations and Adventure Wilderness Trip locations. All
youth are picked up and dropped off at the site in which their programs are
conducted (housing development, schools, etc).
11)Describe the "safe passage" plan for youth/families without transportation:
For off-site trips, Youth Odyssey owns two 15-passenger vans. (See Van Policy
below). All youth are provided transportation to and from the activities. Youth
Odyssey's staff are experienced drivers 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 vans:
- 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
front of the rear axle.
- Tires must be properly inflated and the tread is not worn down. Worn tires can
cause the van to slide sideways on wet or slippery pavement. Improper inflation
can cause handling' problems and can lead to catastrophic tire failures, such as
blowouts. Therefore, check tire pressure and tread wear once a month.
- Driver experience and training in handling loaded 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.
All staff are certified to~drive our 15-passenger vans and have experience in all
activities undertaken by Youth Odyssey. While participating in activities such as rock
climbing, kayaking and; hiking, all youth are equipped with the necessary safety
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equipment. The items that are used, such as helmets, harnesses, ropes, lifejackets,
and paddles are inspected by a staff member prior to the youth engaging in an
activity. All equipment is routinely inspected for frays, cracks, breaks, or abrasions
that may affect the durability and safety of the item.
In addition to physical safety Youth Odyssey also considers the emotional safety of
all participants. There is 100% supervision at all times during our programs; youth
are not allowed to go anywhere by themselves. Also, Youth Odyssey proudly states
that during the 12 years we have been serving youth we have had no manor
accidents of any kind; few programs can say this. We take all aspects of safety
seriously, which is one of the reasons we have been so successful. Agencies and
families trust us to keep their youth safe.
The Criminal Background check includes completed DFPS Background Check Forms
2970c 'and a Form 2971 c turned in the Fiscal Agent. Until staff/volunteers receive the
Department of Public Safety, DFPS, and, if applicable, FBI CLEARED checks, they
should not have contact with clients or access to client information.
Additional information on each job description is attached.
12)Staffing: Describe the staffing plan for FY10, including staff supervision and support
and how adequate staffing in the case of vacancies or extended absences will be
ensured:
The employment and volunteer screening process includes:
Application review Valid Driver's License
Interview References
Background Check Constant Evaluations
The Staff Policy and Procedure Manual for Youth Odyssey is 65 pages. Copies are
available upon request.
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
how to work with the youth and to handle difficult situations that may arise.
Volunteers are required to attend classes provided by Youth Odyssey. The classes
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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.
Staff Supervision and support 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 their job and performance. Training is provided on a case-by-case basis by their
supervisor or another qualified entity. In the situation that 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. Youth Odyssey also has a pool
of instructors in New Mexico that are able to conduct programming until a
replacement can be hired, In addition, Youth Odyssey has access to volunteers (all
with background checks and clearance) who can step in and lead aprogram/activity
if needed. These volunteers are past employees, teachers, and all have
professional training in the activities conducted by Youth Odyssey.
II. CYD CLIENT REGIS7~RATION AND TRACKING SERVICES
a) A Consent 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 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 Monthly Service Tracking form must be completed with every participant receiving
services(s) on a monthly basis. The Monthly Service Tracking Form must be
submitted monthly #o the Fiscal Agent with the monthly billing.
d) Sign-In sheets for each service must be completed at every participation event.
Registration forms and Service Tracking forms must be submitted for each
month for which the subcontractor(s) request reimbursement for service/program
costs.
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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
ATTN: Celina Pulcher
CYD Program Manager
City of Corpus Christi
226 Enterprize Pkwy, Ste. 104
Corpus Christi, Texas 78405
The monthly billing willtconsist of the following documents:
a. Budget Informations"Summary and Reimbursement Request.
b. Copies of invoices and bills.
c. Monthly JD ServiceTracking Form
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
h. Sign-In sheets for every participation day
i. Any Prevention and Early Intervention Satisfaction Surveys
Subcontractor will adhere to the following billing schedule:
EXPENDITURES THROUGH MONTHLY BILLING DUE DATE
September 30, 2009 October 5, 2009
October 31, 2009 November 5, 2009
November 30, 2009 December 5, 2009
December 31, 2009 January 5, 2010
January 31, 2010 February 5, 2010
February 29, 2010 March 5, 2010
March 31, 2010 April 5, 2010
April 30, 2010 May 5, 2010
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May 31, 2010 June 5, 2010
June 30, 2010 July 5, 2010
July 31, 2010 August 5, 2010
August 31, 2010 September 5, 2010
V. EXPENDITURE SCHEDULE
Subcontractor agrees that if after careful review by the Fiscal Agent it does not appear
that the subcontractor .will utilize all funding by the end of the third quarter (April 20,
2010), the Subcontractor could lose uncommitted funds in excess of $2,500, subject to
reinstatement through- the appeals process set below. Fiscal Agent will notify
Subcontractor in writing of the pending budget reduction to Subcontractor's budget and
give Subcontractor fourteen (14) calendar days to respond. If Subcontractor does not
respond within fourteen (14) calendar days, then the budget adjustment will be made
and Subcontractor must submit an adjusted budget to Fiscal Agent that reflects the
reduced budget amount within fourteen (14) calendar days thereafter. However, if
Subcontractor disagrees that excess funds are available, then Fiscal Agent and
Subcontractor will meet at an agreed upon time and Subcontractor will be given the
opportunity to present Xheir case. Fiscal Agent will make the final decision whether to
reinstate or forfeit any of Subcontractor's excess uncommitted funds. Any excess funds
forfeited by any Subcontractor will be used for other CYD programs. Schedule A is
provided as an estimate and will not limit the provider on expenditures.
Schedule A -Subcontractor Estimate of FY2010 Expenditures
Month Estimated Percent of Total
Expenditures Budget
September 2009 $ 2,500 8.33%
October 2009 $ 2,500 8.33%
November 2009 $ 2,500 8.33%
December 2009 $ 2,500 8.33%
January 2010 s
$ 2,500
8.33%
February 2010 $ 2,500 8.33%
March 2010 $ 2,500 8.33%
April 2010 $ 2,500 8.33%
-13-
May 2010 $ 2,500 8.33%
June 2010 $ 2,500 8.33%
July 2010 $ 2,500 8.33%
August 2010 $ 2,500 8.33%
-14-
Youth odyssey, lnc.
JOB DESCRIPTIONS
Executive Director, Jon Worbets
Jon has fourteen years experience working with troubled youth in a wilderness setting and holds
a Masters in Clinical Psychology with an emphasis in Wilderness Therapy. Jon also holds a
Bachelor of Arts in Psychology and is a Licensed Counselor.
Jon has worked for Youth Odyssey seven years. Past experiences ranges from wilderness
guiding, Cariboo Action Training Society (CATS) in British Colombia - a residential attendance
program for young male offenders that strives to affect change in the behavior of troubled youth,
and wilderness therapy at'SUWS Troubled Teen Wilderness Program -specializing in helping
troubled teens and defiant teens with behavioral and emotional problems, and. Jon's strength lies
in his ability to help youth explore their behaviors and helping them to find ways to change the
behavior. Jon's has a unique ability to help the youth make the experiences they have
understandable as metaphors for their daily lives. Jon oversees all programming and offers
support when needed.
Jon's experience include: Mountaineering guide, Rafting guide, Canoe instructor, Mobile Rock
Climbing Wall, Rock Climbing, 600 days leading backcountry travel, Ropes Challenge Course
Jon's certifications include: EMT-B, CPR, White Water Guide, Flat Water Cance Guide,
Wilderness Education Association, Swift Water Rescue, Ropes Course Facilitator, Licensed and
-' Practiced Counselor
Program Director, Rebekah A. KoeUer
Becky has a Bachelor of Science in Environmental Science and Education. She has been
working with at-risk youth is a wilderness setting for the past six years, three with Youth
Odyssey. Her experience in the US Peace-Corps has equipped her with the skills to mach out to
youth of varying backgrounds in a fashion that's both interactive and internalized. She thrives in
her ability to relate to the !youth and draw comparisons between their life, behavior, and future
decisions. Becky is responsible for grant writing, reporting, program development,
programming, staffing, marketing, and fundraising as she has extensive experience in NGO
development.
Becky's experience include: Ropes Challenge Course, Rock Climbing, Kayaking/canceing,
Hiking /Backpacking, Leading Wilderness Trips
Becky's certifications include: EMT-B, CPR, Lifeguard, Ropes Course Facilitator, ACA Kayak
Instructor, working on Top Rope Certification
Program Leader, John Coombs
John has a Bachelor of Science in Environmental Conservation and a Masters of Science in
Community, Agriculture,„ Recreation and Resource Studies; specializing in Environmental
Education. He has volunteered for habitat for Humanity, worked as a residential camp
- counselor, and was a surlamer ranger in Brighton State Recreation Area. While getting his
Masters he worked as a research assistant at Michigan State University on the analysis of
-15-
Youth Odyssey, Inc
program evaluations and effectiveness. He has worked with youth in the outdoor setting since
high school. John loves -the outdoors immensely and has a great passion for teaching youth
about it. He is responsible for programming, curriculum development, and grant writing.
John's experiences include: Ropes Challenge Courses, backpacking, camping, kayaking, rock
climbing
John certifications include: Wilderness First Aid, CPR/First Aid, Wild land Firefighting,
-fo-
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2009 -August 31, 2010
Summary Budget
FY10
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
-17-
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2009 -August 31, 2010
(1a) Personnel -Salaries
FY10
A
Position or Title B
Number
of Staff
' for C
Average Full
Time Monthly
Salary D
Percent of
Time on
Budgeted E
Number of
Months
Employed F
Cost
(BxCxDxE)
(Total)
NONE 0.00
TOTAL SALARIES Total 0.00
-1 &
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2009 -August 31, 2010
(1b) Personnel -Fringe Benefits (Employer's Share)
FY10
Frin a Benefits Based on 1a Salaries Paid* Fringe Benefits Based
on 1a Salaries Paid
NONE $0.00
TOTAL FRINGE BENEFITS $0.00
-19-
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2009 -August 31, 2010
(1c) Personnel -Travel
FY10
Type of Expense (transportation, food, Purpose (Destination and Total
NONE ---- ~ _ - $0.00 ~
AL TRAVEL
-20-
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2009 -August 31, 2010
(2) Materials and Supplies
FY10
Description and Basis for Cost Total
NONE 0.00
TOTAL CONSUMABLE SUPPLIES $0.00
-21-
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2009 -August 31, 2010
(3) Rental, Lease, or Purchase of Equipment
FY10
Description and Basis for Valuation Method Used (lease, rent, Totai
urchase etc.
NONE $0.00
TOTAL RENTAL, LEASE, OR PURCHASE $0.00
-22-
ATTACHMENT B-1
Youth Odyssey
Budget Information Forms
Contract Period: September 1, 2009 -August 31, 2010
(4) Other Costs
FY09
Descri tion and Basis for Cost Total
4 x Portable Team Challen a $7.50 x 80 oath $2,400.00
2 x Ro es Challen a Course $20 x 80 oath $3,200.00
1 x Adventure Wilderness Tri $290.00 x 80 oath $23,200.00
1 x Graduation Tri $15.00 x 80 oath $1,200.00
TOTAL OTHER COSTS $30,000.00
-23-
SUBCONTRACTOR: Youth Odyssey Request No.
CONTRACT PERIOD: 09/01/2009 to 08/31/2010 Reporting Month
TITLE: Community Youth Development Program
ATTACHMENT B-2
BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST
Personnel -Salaries
TOTAL
Personnel -Fringe
TOTAL
(1) - (2) *City Use
Amount (1) YTD (2) YTD Amount Only
Budgeted Expended Invoiced Requested* Amnt. Paid
0.00
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
2,400.00
3,00.00
23,200.00
1,200.00
30,000.00
30,000.00
* 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
-24
Attachment B-3
Youth Odyssey, Inc.
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:
0 4 Portable Ropes Course Challenge Sessions
0 2 Stationary Ropes Course Challenge
0 1 Adventure Wildemess Trip
0 1 Graduation Trip
We will bill CYD a specific amount per activity per child. If a child completes the session,
it would be a total of $375.00 for six -nine weeks of programming. We will only bill for
CYD-eligible youth and only for activities they attend. Youth Odyssey anticipates
serving a total of 80 youth and having them all complete asix-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,`05,'06,
07 & `08. The narrative below will support with detail how the following cost were
calculated:
4 Portable Team Challenges $7.50 a youth X 4 sessions = $ 30.00
2 Ropes Challenge Courses $20.00 a youth X 2 sessions = $ 40.00
1 Adventure Wilderness Trip $290.00 a youth X 1 trip = $290.00
1 Graduation Ceremony Trip $ 15.00 a youth X 1 trip = 15.00
Total per youth for a completed session = $375.00
Grant Request for 2009-2010 - $375.00 per session X 80 CYD youth = $30,000.00
A. Budget Detail - $30,000.00
Personnel -Salaries - $13,050
1. Program Director - 23% of the Program Director's time will be spent on the
implementation and supervision of the Adventure Challenge Program for CYD-78415:
30% X 35,000 =$8,050
2. Program Leader - 20% of the Program Leader's time will be spent on the
facilitating of Adventure'Challenge sessions for CYD-78415:
25% X 25,000 =$5,000
Personnel -Fringe Benefits - $998.33
1. Fica and Medicare: The above salaries are $13,050. Fringe benefits
are calculated as follows:
25
$13,050 X 7.65% (~ca and medi)= $998.33
Personnel -Travel - $3,135
1. Adventure Wilderness -Includes all travel for pre/post trip and transportation
to and from campsite aid reunion:
600 miles X .445 cents a mile X 5 trip = $1,335
2. Mobile Ropes Challenge Course -Includes all travel to referral agencies
and for transportation of challenges to onsite locations:
20 miles X .445 cents a mile X 20 sessions = $ 178
3. Ropes Challenge Course - I- 37:
50 mites X .445 cents a mile X 10 sessions = $ 222
4. Program Director and Program Leader- Staff Training Flight/lodging
_$ 1,400 ,
Materials and Supplies- $187.56
1. Cleaning and Maintenance of Youth Odyssey's Van
Youth Odyssey is planning 10 Adventure Wilderness Trips.
We have to clean and maintain the van after trips.
$10 cleaning per trip = $ 50
2. Photography -Youth Odyssey has been requested by CYD to provide photos and
recap of each trip.
Photo and printing= $37.56
3. Office Supplies -Basic consumable office supplies such
as paper, pens, etc for curriculum use. Based on prior year's expenses = $ 100
Other Costs - $12,297.4fi
1. Staff Training
Ropes Course Facilitator Re-certification = $ 125
Ropes Course Certification -new staff = $ 350
Wilderness First Responder Certification Training and Housing = $ 980
2. Insurance
Van - 50% of the annual cost of van insurance
50% X $2496.92 = $1248.46
Wilderness Adventure Insurance
$8.25 X 15 participants X 10 trips
$11.00 X 15 participants X 10 trips = $2,888
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 = $ 25
Camp site Fees
$60 per weekend X~ 5 trips = $ 300
4. Adventure Wilderness Meals.
This includes food in route to campsite.
$275 X 5 trips and $75 X 5 reunions = $1,750
5. Livery Rental 2 Adventure Wildemess Trips X $300 = $ 600
6. Ropes Challenge Course $300 X 10 sessions = $3,000
26
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 Programs Leader's
cellular phone (provided for emergency access during
programming and for program/parent networking). _ $ 530
In-Kind Match - $56,459
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 vol X 5 trips X 48 hrs per trip X $12.50 per hr =$6,000
Fringe Benefit for Volunteer time $4,080 X 7.65% = 459
C. Other Grants awarded:'CCISD, TX Parks and Wildlife,
(approx remainder of money available for grant cycle as of Sept 09) =$44,000
Total =$56,459
27
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 Subcontrac#or
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. INDEPENDENT CONTRACTOR
It is expressly understood ;and agreed that the Fiscal Agent is contracting with
Subcontractor as an independent contractor. No provision of this Contract or act of the
Fiscal Agent in performance of this Contract shall be construed as making
Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of
Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely
- 2 8 -
responsible for employee payrolls and claims arising therefrom.
SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS
A. This Contract is at all times contingent upon the availability and receipt of State or
Federal funds that has been allocated to the Fiscal Agent of this Contract and, if
funds for this Contract become unavailable during any budget period, this Contract
may be immediately terminated or reduced at the discretion of the Fiscal Agent.
B. The Fiscal Agent agrees to pay the Subcontractor from available funds for each
service rendered in accordance with the terms of this Contract upon receipt of a
proper and verified statement and after deducting any known previous
overpayment made by the Fiscal Agent. If program income accrues, the
Subcontractor agrees to return to the Fiscal Agent any income that exceeds actual
costs incurred for services rendered under this Contract. In no event shall
payments exceed the total budgeted amount as originally approved in this
Contract or as subsequently amended by both parties.
C. The basis for payment for services rendered under this Contract is indicated in the
service terms in the budget. The Subcontractor agrees to this basis for payment
and to adhere to the fiscal and billing policies and procedures of the Fiscal Agent.
The Fiscal Agent is not obligated to pay unauthorized costs or to pay more than
the Subcontractor's allowable and actually incurred costs consistent with Federal
and State regulations.
The method of payment is cost reimbursement. This means that costs should only
be billed after they have actually been incurred and have been paid by the
Subcontractor. Costs should be billed to the month in which they were incurred,
either on the primary billing voucher for that month or on a supplemental billing, if
they are not paid in time to include them on the primary voucher. Costs should not
be billed to the Fiscal` Agent if they have not yet been paid.
D. Payment for services rendered under this Contract will be made in accordance
with the documentation outlined in the Budget Information Summary and
Reimbursement Request, as set out in Attachment B-2 to this Contract. Payment
shall be authorized only upon the submittal of an appropriate invoice and
supporting documentation to the Fiscal Agent.
E. Invoices must be sutzmitted at least once a month as set forth in the Billing
Schedule as per Attachment A-2 of this Contract. Failure to comply with this
requirement will result in a delay in payment and will be subject to the provisions
concerning changes and amendments in this Contract.
F. Funds under this Contract cannot be earned prior to the first day nor after the last
day of the Contract Period.
- 29 -
G. The Fiscal Agent shall not be liable to Subcontractor for any charges under this
Contract which exceed the total funding amount specified.
H. All funds unearned or unexpended in the performance of this Contract shall be
retained by the Department.
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:
1. For transfers between line items for any dollar amount. Lack of prior
approval in these instances will be grounds for nonpayment of the item or
items involved;
2. When transfers, regardless of the amount, would result in a significant
change in the character or scope of the programs. Lack of prior approval
in these instances will be grounds for recovery of unapproved payments
and termination of this Contract at the option of the Fiscal Agent; and
3. When needing to add a line item, cost, or expenditure to the budget.
Approval must be obtained in writing prior to incurring the expense/cost.
K. For unit rate Contracts only: The Subcontractor shall provide the Fiscal Agent a
total bill each month in the format prescribed by the Fiscal Agent and shall accept
as payment in full the Contracted unit rate reduced by an amount equivalent to the
required percentage of certified local resources as applicable.
SECTION 4. LIABILITY FOR REPAYMENT
A. All payments under this Contract are subject to audit by the Department and the
Fiscal Agent. Subcontractor shall assume liability for repayment of funds
disbursed where such disbursement is subsequently determined to be improper or
unauthorized. Subcontractor shall provide the Fiscal Agent with a feasible plan for
repayment of disallowed costs with non-Federal funds. Repayment of such funds
to the Fiscal Agent shall be in accordance with the Prompt Payment Act.
Subcontractor shall also repay to the Fiscal Agent any funds found to have been
paid for the same service from funds other than CYD Program funds. In the case
of duplicate payments, the Fiscal Agent may also withhold any earned funds of
Subcontractor under this Contract or any other Contract pending satisfaction of
any repayment obligations under this Contract or any other Contract due to
- 30 -
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.
SECTION 6. ACCOUNTrNG REQUIREMENTS
The Subcontractor agrees to adhere to Generally Accepted Accounting Principles
promulgated by the American Institute of Certified Public Accountants and to follow
- 31 -
Fiscal Agent and Department fiscal management policies and procedures in submitting
timely billing and maintaining financial records required to be kept under this Contract.
SECTION 7. RECORD KEEPING/REPORTING REQUIREMENTS
A. The Subcontractor agrees to submit service delivery reports required by this
Contract, self-evaluations of performance, and other reports requested by the
Fiscal Agent or Department in appropriate format and on a timely basis; and make
available at reasonable times and for reasonable periods client records and other
programmatic or financial records, books, reports, and supporting documents for
reviewing and copying by the Fiscal Agent, the Department, the U.S. Department
of Health and Human Services ("DHHS"), or their authorized representatives.
B. The Subcontractor agrees to maintain financial, programmatic, and supporting
documents, statistical records, inventories of nonexpendable property acquired,
and other records pertinent to claims submitted during the Contract Period for a
minimum of five (5) years after the termination of the Contract Period, or for five
(5) years after the end of the Federal fiscal year in which services were provided if
this Contract has no specific termination date. If any litigation, claim, or audit
involving these records begins before the five (5) year period expires, the
Subcontractor will kep 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 artiy payments otherwise due until such time as the
Subcontractor meets`the delinquent 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.
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
- 32 -
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 Cortract, 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 party. Failure by a non-
governmental Subcontractor to inform the Fiscal Agent of the intent to involve any
third party shall relieve the Fiscal Agent, the Department, and the State of Texas
of any and all liability and may result in initiation of procedures to terminate this
Contract, among other remedies that Fiscal Agent or Department may be entitled
to seek. The Fiscal Agent shall not be obligated or liable under this Contract to any
party other than Subcontractor for payment of any monies or for provisions of any
goods or services unless the Fiscal Agent in writing specifically agrees to such
liability.
B. The Subcontractor further agrees to provide statements from Sub-subcontractors
signed by an official duly authorized to legally obligate the Sub-subcontractor and
attest to the fact that it shall provide the services as represented in this Contract,
including the incorporated documents, with no disruption to service delivery. A
similar statement must be signed by each Sub-subcontractor who will provide
services as part of this Contract. Each Sub-subcontractor may be required to
submit ownership information and other information related to this Contract. The
Subcontractor must disclose to Fiscal Agent any and all information regarding the
Sub-subcontractors as it pertains to this Contract, during the Contract Period.
C. Subcontractor shall have protest procedures in place to handle and resolve
disputes relating to its procurement.
D. Any of the work or services specified in this Contract which shall be performed by
other than Subcontractor shall be evidenced by a written Contract specifying the
terms and conditions'of such performance. Subcontractor shall maintain and
adhere to an appropriate system, consistent with Federal, State, and local law, for
the award and monitoring of Contracts which contain acceptable standards for
ensuring accountability.
E. Subcontractor shall ensure that the performances rendered under all subcontracts
are rendered so as to comply with all the terms and provisions of this Contract as if
the performances rendered were rendered by Subcontractor.
SECTION 9. PUBLICITY
The Subcontractor agrees to place prominent notices acknowledging the funding it
receives from the Fiscal Agent and Department in all of its literature that describes
- 33 -
services covered by this Contract. This notice will also appear in the Subcontractor's
annual financial report, if any is issued. Additionally, the Subcontractor agrees to the
following:
A. When issuing statements, press releases, requests for proposals, bid solicitations,
and other documents: describing projects or programs funded in whole or in part
with CYD Program funds, Subcontractor shall state the percentage of the total
costs of the program or project which will be financed with those CYD Program
funds.
B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding
source in all oral representations, written documents, publicity and advertisements
regarding any CYD activities. Wording shall be as follows: A Program Funded
through the City of Corpus Christi by the Texas Department of Family and
Protective Services,
C. Subcontractor shall not publish or cause to have published the results of its
function and participation in the program activity without prior review and approval
by the Fiscal Agent and Department.
SECTION 10. TECHNICAL ASSISTANCE
A. The Fiscal Agent will provide a central information system for complete information
on each participant at~d will maintain a central communication system for the
proper and timely disbursement of information and resource documents. The
Fiscal Agent will provide technical assistance found to be needed through
performance reviews or monitoring reports.
B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions
to assist in the administration of this Contract. Subcontractor shall ensure the
attendance of its director or other specified personnel at such meetings.
SECTION 11. MONITORING AND ASSESSMENT
A. The Subcontractor agrees to provide services in accordance with the provisions of
this Contract and to allow the Fiscal Agent and Department, and their
representatives, to monitor, audit, evaluate, and otherwise review the services
provided and related kdocumentation.
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 bykthe Subcontractor which may be conducted by the Fiscal
Agent, the Department or DHHS, or their authorized representatives; and to be
responsible for any audit exception or other payment irregularity regarding this
Contract or subcontracts, which may be found after review by the Fiscal Agent, the
Department or DHHS; and to be responsible for the timely and proper collection
- 34 -
and reimbursement to the Fiscal Agent and the Department of any amount paid in
excess of the proper billing amount.
C. Representatives of the Fiscal Agent and Department may periodically, without
advance notice, monitor Subcontractor for compliance, financial management and
performance of the terms and conditions of this Contract. The monitoring process
will include an analysis of program data provided by the Subcontractor to assess
the performance of this Contract and the quality of services. Monitoring shall
include review of reswlts of criminal background checks and affidavits required
under this Contract of all Subcontractor employees or volunteers in direct client
contact.
D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will
present all findings and recommended corrective actions, if applicable, to
Subcontractor.
E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal
Agent within thirty (3Q) calendar days after receipt of the monitoring report with all
corrective actions planned or taken and specific detailed procedures and actions
initiated to preclude any recurrence of the practices, discrepancies, and
irregularities identified in the monitoring report.
F. The Fiscal Agent or Department, as may be applicable, upon receipt of
Subcontractor's written response to the monitoring report, shall evaluate the
corrective action plan and determine whether the corrective action plan shall be
undertaken, whether'an alternative plan is needed, or whether the goals or
standards need to be modified. Regardless of the course of action taken, the
Fiscal Agent shall ensure that positive actions, procedures, and practices are
initiated to preclude recurrence or non-compliance. Upon written request, the
Fiscal Agent shall provide technical assistance to Subcontractor in correcting the
deficiencies noted. Fiscal Agent shall conduct follow-up visits to review pending
deficiencies and to assess the efforts made to correct them. If such deficiencies
persist, Fiscal Agent may withhold funds and move to terminate this Contract in
accordance with Section 33.
G. All such corrective actions shall remain open pending completion and issuance of
a written statement of closure by the Fiscal Agent or Department, as applicable.
SECTION 12. PROPERTY
A. The Subcontractor agrees to assume responsibility for the protection of all physical
property and equipmint used at facilities being maintained to cant' out this
Contract and take appropriate measures to meet this obligation. All such property
will be adequately safeguarded against vandalism, loss, damage, or theft.
Subcontractor must acquire and maintain property insurance for any and all
equipment purchased with CYD Program funds. The Fiscal Agent, the
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Department, and the `appropriate authorities shall be notified in writing in the case
of theft, or suspected theft, within twenty-four (24) hours of discovery. Any
missing, damaged, or destroyed property will be reported immediately in writing to
the Fiscal Agent and the Department and will include the circumstances
concerning the loss. `An investigation shall be conducted by the Subcontractor to
determine the cause;' and the results shall be reported in writing to Fiscal Agent
and the Department.. Any property missing, damaged or destroyed shall be
replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the
event of any theft, vandalism, or other offense against the property or equipment,
the Subcontractor shall notify the appropriate local law enforcement authorities.
B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding
the return to the Department of any equipment bought under this Contract with
funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor
agrees that it will not -give any security interest, lien, or otherwise encumber any
item of equipment purchased with Contract funds. The Subcontractor agrees to
permanently identify all equipment with appropriate tags or labels affixed to the
equipment and to maintain a current inventory record of the equipment which must
be made available to the Fiscal Agent and the Department upon request.
C. The property shall be maintained in good condition at all times. Unless waived by
the Fiscal Agent and :Department, all maintenance and repair costs associated
with any property shall be borne by the Subcontractor. All property must be
returned to original condition, except for normal wear and tear, prior to return of
the property to the Fiscal Agent.
SECTION 13. YEAR 2004 COMPLIANCE
Subcontractor has full responsibility to anticipate and mitigate any four-digit-year
related events that could adversely affect the timely performance of this Contract
or the date-related operations of any goods, files, or services provided pursuant to
it. Subcontractor warrants the fault free performance in the processing of date and
date-related data by any product developed and delivered to Fiscal Agent
pursuant to this Contract. Fault-free performance includes manipulation of data
with dates prior to, through, and beyond January 1, 2000, and during leap years.
Subcontractor agrees that all software developed and delivered pursuant to the
contractual requirements herein. shall use four-digit-year elements. Subcontractor
further agrees that fdur-digit-year elements will be used in any electronic data
interchange that may: occur with the Fiscal Agent as a result of this Contract.
Subcontractor shall not be entitled to additional compensation or additional time to
perform these obligations.
SECTION 14. TAXES
The Fiscal Agent and the Department will not be liable for Federal, State, or local excise
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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 ~y 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 ofi the Fiscal Agent.
SECTION 16. INDEPENDENT AUDIT
The Subcontractor agrees to submit an annual financial and compliance audit of the
Subcontractor's fiscal year-end in accordance with the Single Audit requirements of
OMB Circular A-133 (Audits of State, Local Government, and Non-Profit Organizations).
A. Subcontractor understands and agrees that it shall be liable for all costs
associated with said audit.
B. Subcontractor understands and agrees that it shall be liable to the Fiscal Agent for
any costs disallowed`as a result of said audit in accordance with the "Liability for
Repayment" provisions of this Contract, as set out in Section 4 of these Standard
Terms and Conditions.
C. The Fiscal Agent and Department reserve the right to conduct an independent
audit of all funds received under this Contract. The audit may be performed by the
Fiscal Agent, a certified public accounting firm, or other auditors as designated by
the Fiscal Agent or the Department. Such audit will be conducted in accordance
with applicable professional standards and practices.
D. In the event a final audit has not been performed prior to termination of this
Contract, the Fiscal Agent shall retain the right to recover funds after fully
considering the recommendations on disallowed costs resulting from such final
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audit.
E. Subcontractor and auditors performing monitoring or audits of Subcontractor or its
Sub-Subcontractors shall immediately report to the Fiscal Agent and the
Department any incidents of fraud, abuse, or other criminal activity in the relation
to the provisions of this Contract or applicable State Regulations.
SECTION 17. PREVENTION OF CONFLICTING INTERESTS
A. Every reasonable course of action shall be taken by the Subcontractor to maintain
the integrity of this expenditure of public funds and to avoid favoritism and
questionable or improper conduct. This Contract shall be administered in an
impartial manner, free from personal, financial, or political gain. Subcontractor, its
executive staff, and employees, in administering this Contract, shall avoid
situations that give an appearance or suggestion that any decision was influenced
by prejudice, bias, special interest or desire for personal gain.
B. No member, officer, agent, or employee of the Fiscal Agent or the Department
who exercises any functions or responsibilities in the review or the approval of the
undertaking or carrying out of this Contract shall participate in any decision relating
to this Contract which affects his/her financial interest.
C. Executives and employees of Subcontractor shall be particularly aware of the
varying degrees of influence that can be exerted by personal friends and
associates and shall'exercise due diligence to avoid situations which give rise to
an appearance or assertion that favorable treatment is being granted by friends
and associates who are also members, officers, agents, or employees of the
Fiscal Agent or the Department. A permanent record of any transaction involving a
Subcontractor who is also a friend or associate of a member, officer, agent, or
employee of the Fiscal Agent or the Department shall be retained when it is in the
public interest for they Fiscal Agent or the Department to conduct business with
such person.
D. Members, officers, agents, and employees of the Fiscal Agent or the Department
and elected officials shall not solicit nor accept money or any other consideration
from Subcontractor or any other third person for the performance of an act
reimbursed in whole br 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 Departn°ient shall cast a vote on the provision of services by that
member or by any organization which that member represents or vote on any
matter which would provide direct financial benefit to that member or any business
or organization which- the member directly represents.
SECTION 18. FRAUD AID ABUSE PREVENTION
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A. Subcontractor shall establish, maintain, and utilize internal program management
procedures sufficient:#o 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 pct or omission on the part of the Subcontractor,
its officers, agents, employees, representatives, or Sub-
subcontractors. In the event of loss, damage, or destruction of any
property due to the negligence, misconduct, act or omission of the
Subcontractor, the Subcontractor shall indemnify and pay full cost of
repair, reconstruction, or replacement, at the discretion of the Fiscal
Agent and Department. Such cost shall be due and payable by the
Subcontractor within' ten (10) calendar days after the date of receipt of
written notice from the Fiscal Agent or Department of the amount due.
The State of Texas, department, and Fiscal Agent, and (heir
respective employee,, officers, agents, and representatives can
neither agree to hold: the Subcontractor harmless nor agree to
indemnify the Subcontractor and any provisions to the contrary are
void.
SECTION 20. SECTARIAN INVOLVEMENT PROHIBITED
Subcontractor shall ensure that no funds under this Contract shall be used directly or
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indirectly in the support of :any religious oranti-religious activity, worship, or instruction.
SECTION 21. POLITICAL ACTIVITY/LOBBYING
The Subcontractor will not use any funding under this Contract to influence the outcome
of elections or the passage or defeat of any legislative measures.
No funds provided under this Contract may be used in any way to influence or attempt
to influence in any manner a member of Congress to favor or oppose any legislation or
appropriation by Congress or for lobbying with State or local legislators. Subcontractor
shall comply with the requirements of New Restrictions on Lobbying imposed by 29
CFR 93, dated February 26, 1990, clarified by Notice in the Federal Register, Vol. 55,
No. 116, dated June 15, 1990, and codified at 31 United States Code ("USC")1352, as
amended. Subcontractor shall comply with the certification and disclosure requirements
in Attachment F to this Contract.
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. Subcontractor shall comply with all applicable Federal and State regulations and
with Department polir~ies 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, pare, service or other benefits provided by Federal or State
funding or othentiise be subjected to discrimination;
2. Texas Health and' Safety Code, Section 85.113, as amended, relating to
workplace and confidentiality guidelines regarding AIDS and HIV);
3. Immigration Reform and Control Act of 1986, as amended, regarding
employment verification and retention of verification forms for any individuals
who will perform any labor or services under this Contract;
4. Establish a method to ensure the confidentiality of records and other
information relating to clients according to applicable Federal and State laws,
rules, and regulations. This provision does not limit the Fiscal Agent's or the
Department's right of access to client case files or other information relating to
clients served under this Contract. The Department shall have an absolute right
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of access to and gopies 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 safet~r standards, and regulations prescribed by the DHHS and
TDPRS;
9. All applicable standards, orders, or regulations issued pursuant to the Clean
Air Act, 42 USC 7401 et seq., as amended, and the Federal Water Pollution
Control Act, 33 USC 1251 et seq., as amended;
10. Immediately remove any agent, officer, employee, representative, or volunteer
from direct client contact who is alleged to have committed child abuse,
neglect, or exploitation, or an offense against the person, an offense against
the family, or an offense involving public indecency under the Texas Penal
Code, as amended, or an offense under the Texas Controlled Substances Act.
If it is determined. that the employee or volunteer has not committed such
offenses, the employee or volunteer may again be assigned to direct client
contact; provided ;however, the Subcontractor shall notify the Fiscal Agent and
the Department of its intent to reassign within ten (10) working days prior to the
reassignment. The Subcontractor must provide the Fiscal Agent and the
Department with further information concerning the reasons for the
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
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involving any direct contact with clients. Subcontractor may request that the
Fiscal Agent and Department waive this Contract provision with respect to a
specific employee; or volunteer and specific misdemeanor charges;
11. Federal Financial Participation (FFP) requirements in accordance with Titles 45
and 48 of the Code of Federal Regulations and Federal circulars, as amended;
12. Allow any of Subcontractor's employees to testify in judicial proceedings and
administrative hearings, at the request of the Department or Fiscal Agent; and,
13. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163), as amended.
B. The Subcontractor shall have written participant and employee grievance
procedures consistent with applicable Federal and State requirements. The
Subcontractor shall establish and maintain complaint procedures to resolve all
complaints arising directly or indirectly out of this Contract.
C. As subcontracts and ;supplier contracts become necessary to carry out the
requirements of this Contract, Subcontractor covenants to make a good faith effort
to contract with historically underutilized or disadvantaged businesses certified as
such by the State of Texas. Subcontractor shall make a good faith effort to
contract at least thirty (30) percent of the total value of all subcontracts and
supplier contracts for the performance of the activities required by this Contract to
historically underutilized or disadvantaged businesses.
SECTION 23. HEALTH AND SAFETY STANDARDS
Health and safety standards established under Federal, State and local laws are
applicable to working conditions of participants in programs under this Contract. With
respect to any participant in a program conducted under this Contract who is engaged
in activities which are not covered by health and safety standards under the.
Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the
Department may prescribe such standards as may be necessary to protect the health
and safety of such participants.
SECTION 24. INSURANCE
A. When Subcontractor 'rs not a governmental entity with taxing authority, the following
provisions shall apply: Insurance shall be provided for direct delivery of protective
services and other services under this Contract. The Subcontractor shall obtain
and furnish proof of the following bonding and insurance coverage within forty-
eight (48) hours of the award of this Contract or at such other time as may be
specified by the Fiscal Agent or the Department:
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1. Dishonesty bonding under a commercial crime policy or business services
bonding, at a $10;.000.00 minimum or up to the Contract amount, whichever is
greater;
2. Commercial General Liability Coverage at a five hundred thousand dollar
($500,000) minimum for each occurrence limit and one million dollars
($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall
be provided with at least 30 days notice of policy or bond cancellation, intent to
not renew, or material change in the policy or bond;
3. Automobile liability insurance in the broad form, applicable if Subcontractor
uses an automobile, whether owned, leased, or non-owned in conducting its
performance under this Contract, is required which shall have a minimum
required coverage of $500,000 combined single limit. In the event
Subcontractor requires its employees, trainees, volunteers, or other agents to
utilize their 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.
6. All coverage must b~ with insurance companies or carriers rated for financial
purposes "A" or better whose policies cover risks located in the State of Texas. All
bonds, policies, and coverage described above shall be maintained during the
entire term of Contract awarded. Lapse of any coverage or bond required herein
shall be considered breach of Contract and Contract awarded shall be immediately
cancelled.
C. The Department magi 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, butshall also be subject to the indemnification provisions
contained in Section :19 (Indemnification) of these Standard Terms and
Conditions.
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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 Phis 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 1259, 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 Subpontractor 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 Subcon"tractor agrees to the following:
1. Grant to the Department the right to copyright, use, reproduce, and distribute any
material written or produced by the Subcontractor that is the subject of this
Contract; and
2. Defend any claims, suits, or proceedings brought against the State of Texas,
the Department or the Fiscal Agent on the issue of infringement of any
copyright by any product, or any product part, supplied by the Subcontractor to
the Fiscal Agent or Department under this Contract. The Subcontractor will
pay, subject to limitations specified in this section, any final judgment entered
against the State of Texas, the Department, or the Fiscal Agent on this issue
in any suitor proceeding defended by the Subcontractor. The Subcontractor
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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 udder 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 evaluatiorY, of this Contract and to persons having responsibilities under
this Contract. However Subcontractor's information may be subiect to required aublic
disclosure under the Texas Public Information Act, Chapter 552 of the Texas
Government Code.
SECTION 28. COMMUNICATIONS
All notices and requests given to or made to the parties must, except as otherwise
specified, be in writing and delivered or mailed at the notice addresses specified on the
Cover Sheet of this Contract. The parties may change their notice addresses upon five
(5) written days notice to the other party. Any notices or requests are deemed given
upon actual delivery or depositing the same with the U.S. Postal Service, properly
- 45 -
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,
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
- 46 -
qualifications and certifications.
B. Staffing personnel must be maintained at the level negotiated and contracted for
between the Subcontractor and the Fiscal Agent. Changes in staff positions or
reduction in hours shall be immediately reported to Fiscal Agent for review and
approval.
C. Subcontractor agrees and understands the performance of work proposed,
negotiated, and contracted for must be maintained at the level agreed upon at
initiation of this Contract. Any deviation from these requirements must be reported
to Fiscal Agent. Failure to maintain qualified personnel, the required level of
performance, approved curriculum,. and other pertinent quality control standards
required by the Fiscal Agent and Department may constitute a breach of this
Contract, grounds for termination of this Contract by the Fiscal Agent or the
Department, and refund of amounts to Fiscal Agent or Department.
SECTION 33. TERMINATION
A. If the Subcontractor fails to provide services according to the provisions of this
Contract, the Fiscal Agent or Department may, upon written notice of default to the
Subcontractor, with opportunity to cure, terminate all or any part of the Contract.
Termination may be gxercised in addition to any other rights and remedies
provided by law or under this Contract.
B. The Fiscal Agent or the Department, based on information from monitoring or
other verifiable sources, may terminate this Contract for cause, upon written notice
of default to the Subcontractor and opportunity to cure, or take other actions,
including, but not limited to:
1. requiring the Subcontractor to take specific corrective actions in order to remain
in compliance with any contractual provision;
2. to recoup payments made to the Subcontractor or impose administrative error
sanctions based on audit findings of violations of Contract requirements; and,
3. to suspend, place into abeyance or remove any contractual rights to include,
but which are not limited to, withholding of payment, cessation of placement
and removal of atl Contract rights.
C. If Federal or State laws or other requirements are amended or judicially interpreted
so that either party cannot reasonably fulfill this Contract, and if the parties cannot
agree to an amendment that would enable substantial continuation of the services,
the parties shall be discharged from any further obligations under this Contract.
D. This Contract may be terminated at any time by mutual consent. In addition, either
- 47 -
party to this Contract`;may consider it to be canceled by giving 14 calendar days
advance written notice to the other party. This Contract .will be terminated at the
end of the 14 day period. Nothing in this section shall be construed to prohibit
immediate terminatioh 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
~,
Subcontractor will be notified monthly by written correspondence to identify the
Subcontractor's performance in accordance with the performance measures identified
in Attachment A-1. These `reviews will be considered as Notice of Performance and may
be used as a determination of performance.
SECTION 36. SUSPENSION OF PAYMENTS.
If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all
- 48 -
performance measures in Attachment A-1, or if Fiscal Agent determines in its sole
discretion that Subcontractor is not in compliance with all provisions of the Contract, the
Fiscal Agent shall provide written notice of such deficiency to Subcontractor and Fiscal
Agent may suspend payments to Contractor until such time as Contractor is in full
compliance with the performance measures and all other provisions in this contract.
Subcontractor will be given prompt written notice and the opportunity for a hearing
within fourteen (14) calendar days from such suspension.
SECTION 37. REPAYMENT OF FUNDS.
Subcontractor shall issue repayment of funds to Fiscal Agent within 14 calendar days of
Fiscal Agent's written demand for repayment if Fiscal Agent determines in its sole
discretion that Subcontractor has not met the Performance Measures identified in
Attachment A-1 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-referred CYD Youth to juvenile probation.
SECTION 38. SUBCONTRACTOR COMPLIANCE WITH PRIMARY CONTRACT
Subcontractor accepts and agrees to abide by all terms and conditions of the primary
contract between the City of Corpus Christi and the Texas Department of Family and
Protective Services regarding the Community Youth Development Program.
- 49 -
Texas Dept of Family Contractor Assurances Form 4733
and Protective Services
(With Certifications)
September 2004
Failure to respond "yes" to all applicable assurances could result in no award or the nonrenewal of
your contract with the Department.
1. Contractor has no unresolved audit exception(s) with the Department. An ®Yes ^ No
unresolved audit exception is an exception for which the Contractor has
exhausted all administrative and/or judicial remedies and refuses to comply with
any resulting demand for payment.
2. The amounts listed below are the only amounts that the Contractor owes to the ®Yes ^ No
Department for audits or recoupment: (If none, mark "yes" and indicate "0" or
"none" in the space below.)
none
3. Contractor has not sold or transferred ownership of any Department payments ®Yes ^ No
due to Contractor to any third party, which would result in such payments being
made to the third party.
4. Contractor agrees to accept training, technical assistance and monitoring from ®Yes ^ No
the Department and/or its authorized representatives.
5. Contractor certifies that the Contractor's staff or governing authority has not ®Yes ^ No
participated in the development of specific criteria for award/renewal of this
contract, and will not participate in the selection of applicants awarded
contracts.
6. Contractor has not retained or promised to retain an agent or utilized or ®Yes ^ No
promised to utilize a consultant who has participated in the development of
specific criteria for the award/renewal of this contract, nor will participate in the
selection of successful applicants awarded this contract.
7. Contractor agrees to provide the Department with information necessary to ®Yes ^ No
validate any statements made in this contracting/renewal process if requested
by the Department. This may include, but is not limited to, allowing access for
on-site observation, granting permission for the Department to verify information
with third parties, allowing inspection of Contractor records, and allowing
inspection of plans for compliance.
8. Contractor understands that failure to substantiate any statements made in the ®Yes ^ No
contracting/renewal process, when substantiation is requested by the
Department, could cause the Contractor to fail to receive a contract or to fail to
have its contract renewed.
9. Contractor agrees to comply with regulations, policies and procedures as ®Yes ^ No
specified by the Department as they relate to particular programs or services
under this contract.
10. Contractor will submit any bills required on a calendar-month basis. ®Yes ^ No
11. Contractor has written, or will have written by the effective date of this contract, ®Yes ^ No
or its renewal, Personnel Policies that comply with federal and state regulations
Texas Department of Family Contractor Assurances Form 4733
And Protective Services (With Certifications) September 2004
12. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public ®Yes ^ No
Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-
112), the Americans with Disabilities Act of 1990 (Public Law 101-336), and all
its amendments to each, and all requirements imposed by the regulations
issued pursuant to these acts. In addition, the Contractor agrees to comply
with Title 40, Chapter 73, of the Texas Administrative Code. These provide in
part that no persons in the United States shall, on the grounds of race, color,
national origin, sex, age, disability, political beliefs or religion be excluded from
participation in, or denied, any aid, care, service or other benefits provided by
federal and/or state funding, or otherwise be subjected to discrimination.
Contractor further agrees to comply with Health and Safety Code Section
85.113 relating to workplace and confidentiality guidelines regarding AIDS and
HIV.
13. Contractor uses generally accepted accounting procedures for fiscal ®Yes ^ No
management.
14. Contractor certifies that the Contractor's organization has not had a contract ®Yes ^ No
terminated or been denied the renewal of any contract for noncompliance with
policies or regulations of any state or federally funded program within the past
24 months.
15. Contractor will make available, at reasonable times and for reasonable periods, ®Yes ^ No
client records, books and supporting documents pertaining to services provided
for inspecting, monitoring, auditing, or evaluating by Department personnel or
their representatives.
16. Contractor certifies that funds requested in this contracting/renewal process will ®Yes ^ No
not be used to replace federal, state or local funding.
17. Contractor will maintain case records and statistical information as required by ®Yes ^ No
the Department.
18. If Contractor plans to utilize a subcontractor, the written subcontract will comply ®Yes ^ No
with this contract and other relevant Department policies/procedures and will
be approved by the Department in accordance with the Department's
subcontract approval procedures for residential child care contracts.
19. Contractor has written, or will have written by the effective date of this ®Yes ^ No
contract/renewal, plans for the handling of client complaints and grievances.
20. Contractor will establish a method to ensure confidentiality of records and other ®Yes ^ No
information relating to clients according to applicable federal and state law,
rules, and regulations. This provision does not limit the Department's right to
access records under this contract.
21. Contractor will comply with all requests of the Department to meet federal ®Yes ^ No
regulations and with all terms of the contract.
Texas Department of Family
And Protective Services
Contractor Assurances
(With Certifications)
Form 4733
September 2004
CERTIFICATION: I certify that the information reported in this contract/renewal is, to the best
of my knowledge, complete and accurate; that the named legal entity has authorized me, as its
representative, to submit this contract/renewal; and that the legal entity will comply with all
terms of the contractlrenewal, including meeting all screening criteria. I have attached a
Corporate Board of Directors Resolution, or similar document authorizing me to enter into
contracts on behalf of this legal entity.
5/28/09
Date
Rebekah A. Koeller Program Director
Name of Authorized Representative Title of Authorized Representative
(Printed) (Printed)
Texas Department of Family Certification Regarding Debarment
And Protective Services Suspension, Ineligibility and Voluntary
Form 2046
May 2004
Exclusion for Covered Contracts
Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services (DFPS)
to determine whether each potential contractor has been debarred or suspended or proposed for debarment or
suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(1) or has accepted a voluntary
exclusion. Each covered contractor must also make the same determination for each of its covered
subcontractors. Contractors and subcontractors are both referred to as lower tier participants in this
Certification.
Instructions for Certification
By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below:
The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances, whether the
circumstances occur before the contract begins, during the term of the contract, or during the term of an
extension of the contract.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause,
have the meaning set out in the Definitions and Coverage sections of federal rules implementing Executive
Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a
copy of those regulations.
4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
Do you have or do you anticipate having subcontractors under this proposed contract?
^ Yes ®No
5. The prospective lower tier participant further agrees by submitting this proposal that it will include this
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification. required by this clause. The knowledge and information of a
Texas Department of Family Certification Regarding Debarment Form 2046
And Protective Services Suspension, Ineligibility and Voluntary May 2004
Exclusion for Covered Contracts
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
Indicate in the appropriate box which statement applies:
® The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
OR
^ Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant has attached an explanation to this certification.
Youth Odyssey, Inc.
Name of Potential Contractor
74-2817641
Rebekah A. Koeller
Printed/Typed Name of Authorized Representative
DFPS Contract No. (if applicable)
5/28/09
Date
Program Director
rule
Vendor ID No. or Social Security No.
Texas Dept of Family Certification Regarding Federal Lobbying Form 2047e
and Protective Services (Certification for Contracts, Grants, Loans; and Cooperative May 2004
Agn3ements)
PREAMBLE
Federal legislation, Section 319 of Public Law 101-121 generally prohibits entities from using federally
appropriated funds to lobby the executive or legislative branches of the federal government. Section
319 specifically requires disclosure of certain lobbying activities. A federal government-wide rule,
"New Restrictions on Lobbying," published in the Federal Register, February 26, 1990, requires
certification and disclosure in specific instances and defines terms:
Covered Awards and Subawards -Contracts, grants, and cooperative agreements over the
$100,000 threshold need (1) certifications, and (2) disclosures, if required. (See certification term
number 2 concerning disclosure.)
Lobbying - To lobby means "to influence or attempt to influence an officer or employee of any
agency (federal), a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with any of the following covered federal actions:
• the awarding of any federal contract,
• the making of any federal grant,
• the making of any federal loan,
• the entering into of any cooperative agreement, and
• the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement."
Limited Use of Appropriated Funds Not Prohibited -The prohibition on using appropriated funds
does not apply to activities by one's own employees with respect to:
• liaison activities with federal agencies and Congress not directly related to a covered federal
action;
• providing any information specifically requested by a federal agency or Congress;
• discussion and/or demonstration of products or services if not related to a specific solicitation
for a covered action; or
• professional and technical services in preparing, submitting or negotiating any bid, proposal or
application for a federal contract, grant loan or cooperative agreement or for meeting legal
requirements conditional to receipt of any federal contract, grant, loan or cooperative
agreement. (The prohibition also does not apply to such services provided by nonemployees
for the same purposes.)
Professional and Technical Services -Professional and technical services shall be advice and
analysis directly applying any professional or technical expertise. Note that the professional and
technical services exemption is specifically limited to the merits of the matter.
Other Allowable Activities -The prohibition on use of federally appropriated funds does not apply to
influencing activities not in connection with a specific covered federal action. These activities include
those related to legislation and regulations for a program versus a speck covered federal action.
Funds Other Than Federal Appropriations -There is no federal restriction on the use of nonfederal
funds to lobby the federal government for contracts, grants, and cooperative agreements.
Texas Department of Family Cert~cation Regarding Federal Lobbying Form 2047e
And Protective Services (Certification for Contracts, Grants, Loans, May 2004
and Cooperative Agnaements)
Applicability of Other State and Federal Requirements -Neither the government-wide rule nor the
law affect either (1) the applicability of cost principles in OMB circulars A-87 and A-122, or (2) riders
to the Texas State Appropriations Acts which disallow use of state funds for lobbying.
TERMS OF CERTIFICATION
This certification applies only to the instant federal action for which the certification is being obtained
and is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or .employee of
any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, or the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federally funded contract, subcontract, subgrant, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions. (If needed, contact your Texas Department. of
Family and Protective Services procurement officer or contract manager to obtain a copy of
Standard Form-LLL.)
3. The undersigned shall require that the language of this certification be included in the award
documents for all covered subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all covered subrecipients shall certify
and disclose accordingly.
Do you have or do you anticipate having covered subawards under this transaction?
^ Yes ®No
Texas Department of Family Certification Regarding Federal Lobbying
Form 2047e
And Protective Services (Cergfication for Contracts, Grants, Loans, May 2004
and Cooperative Agn3ements)
Youth Odyssey, Inc
Name of Contractor/Potential Contractor
74-2717641
Vendor ID No. or Social Security No.
Rebekah A. Koeller
Name of Authorized Representative
DFPS Contract No.
5/29/09
Date
Program Director
Title