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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) ii 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. -1- 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 -2- 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 -3- ^ 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. -4- 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. -5- 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. F 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. -6- 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. -7- 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; -8- 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 -9- 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 -10- 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. -11- 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 -12- 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 - 35 - 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 - 36 - 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 - 37 - 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 - 38 - 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 - 39 - 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 - 40 - 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 - 41 - 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: - 42 - 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. - 43 - 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 - 44 - 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