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C2010-407 - 9/1/2010 - NA
CONTRACT (Cover Sheet) TITLE OF CONTRACT: Community Youth Development CONTRACT NO.: CYD 2011-8 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. 606 N. Carancahua, Ste 105 P.0. Box 331394 Carpus Christi, TX 78401 Corpus Christi, TX 78463 Telephone: (361) 826-4028 Telephone: {361} 361-946-6016 FAX: {361 } 826-4038 -FAX: (361) 361-334-2832 Contact Person: Celina Pulcher Contact Person: Rebekah A. Koelfer 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 fallowing aftached documents which are incorporated herein by reference: Contract (Cover Sheet) Performance Measures (Attachment A-1) ~~tateaaae~c (Attachment A-2) P~ ~,,., ~,~ ~Q~.e~~'vY~l- Budget, Reimbursement Request Form & Budget Narrative (Attachments B-1, B-2, and B-3) Standard Terms and Conditions (Attachment C) Subcontractor Ass~ra~ees-wit~r Certification (Attachment D) ~ ~~~ df'"7 3 3 et~ek-e~er1# E) C ~ Faderhbyang_{Attar menu )._ 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 o#the City of Carpus Christi underthis Contract are expressly contingent upon the . availability of funds for such purpose under the funding sources: CONTRACT PERIOD: Front: September 1, 2010 Through: August 31, 2011 FUNDING OBLIGATION: Not to exceed $30,000.00 for FY 2011 for Contract Period stated above. Executed in triplicate, each of which recognized as an original. ATTEST: Armando Chapa City Secretary City o Corp~ujs C~h'rist~i~ iC C:~ 'P~fi~~Escobar rty Manager Legal form approved ~d,Ufi - ~ , 2010; Name: ~ ~ ~~ . ..................._..._....--•-•- 2010-407 ~ ~, 09/01/10 Youth Odyssey 5ubcontrac#ar: Yo By: Reb ka oe e Date: IND~k6D 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM Youth Odyssey TABLE OF CONTENTS Contract Cover Sheet Pa. a No. Table of Contents .............................................................................................i Contracted Performance Measures (AttachmentA-1} .................................1 Plan of Operation (Attachment A-2) ...............................................................6 Program Requirements (Attachment A-3) .....................................................17 Budget Information Forms (Attachment B-1) ................................................19 Reimbursemen# Request Form (Attachment B-2} .........................................26 Budget Narrative (Attachment B-3) ................................................................27 Standard Terms and Conditions (Attachment C) ..........................................30 Sections 1. Legal Authority 2. Independent Contractor 3. Financial Limitation 4. Liability for Payment 5. Changes and Amendments 6. Accounting Requirements 7. Record KeepinglReporting Requirements 8. Subcontracting 9. Publicity 10. Technical Assistance 11. Monitoring and Assessment 12. Property 13. Taxes 14. Disputes 15. Independent Audit 16. Prevention of Conflicting interests 17. Fraud and Abuse Prevention 18. Indemnification 19. Sectarian Involvement Prohibited 20. Political ActivitylLobbying 21. Non-Discrimination and Equal Opportunity 22. Reporting Abuse, Neglect, or Exploitation 23. Health and Safety Standards 24. Insurance 25. Debarment and Suspension 26. Notice and Assistance Regarding Patent and Copyright Infringement 27. Disclosure of Confidential Information 28. Communications 29. General Standards of Performance 30. Entire Agreement 39. Contingent an Funding 32. Trainer Qualifications 33. Termination 34. Force Majeure 35. Monthly Performance Review 36. Suspension of Payments 37. Repayment of Funds 38. Subcontractor Compliance with Primary Contract Subcontractor Certification, Form 4733 (Attachment D} ..........................46 ii At#achment 1 -Performance Measures Page 1 of 5 Attachment A-1 Contractor: City of Corpus Christi Program Name: Community Youth Development (CYD) Contract Number: 23792851 Contract Period: September 1, 2010 -August 31, 2011 Pertormance Measures: Pursuant to Texas Human Resources Code §40.058 all contracts for client services must include clearly defined goals and outcomes that can be measured to determine whether the objectives of the program are being achieved. The Department will use the following Performance Measures to evaluate the success of the Contractor's performance of services under this contract. Goal of the Contract: To prevent delinquency in Target Youths Output Measures Output #1: Average number of Target Youths served monthly in the Contractor's CYD Program Output Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. Output Indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Output Target: 650 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: Count all unduplicated Target Youths who were served during the output performance period, add that number to the number of unduplicated Target Youths served during each previous output performance period (if any), and divide by the total number of completed output performance periods. For the initial performance period, the actual number served will be considered the average number served. Output #2: Number of Target Youths served during the contract period in the Contractor's CYD Program Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the output performance period. Output Target: 2150 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PSIS Database Methodology: Count all Target Youths with unique client 1D numbers who were served during the output performance period. Output #3: Completed Pre-Service Protective Factors Survey Questionnaires are obtained from 6-9 year old Target Youths served in the Contractor's CYD Program. Output Performance Period: Contractor performance far this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 6-9 year old Target Youths served in the Contractor's CYD Program from which a completed Pre-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 140% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Pre-Service Protective Factors Survey Questionnaires and PETS Database Methodology: The numerator is the number of eligible 6-9 year old Target Youths served in the Contractor's CYD Program during the output performance period from which a completed Pre-Service Protective Factors Attachment 1 -Performance Measures Page 2 of 5 Survey Questionnaire was obtained. The denomihator is the total number of eligible 6-9 year old Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #4: Completed Pre-Service Protective Factors Survey Questionnaires are obtained from 10-17 year old Target Youths served in the Contractor's CYD Program. Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 10-17 year old Target Youths served in the Contractor's CYb Program from which a completed Pre-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 100% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Pre-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible 10-17 year old Target Youths served in the Contractor's CYD Program during the output performance period from which a completed Pre-Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 10-17 year old Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply. by 100 and state as a percentage. Output #5: Completed Post-Service Protective Factors Survey Questionnaires are obtained from 6-9 year old Target Youths served in the Contractor's CYD Program. Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 6-9 year old Target Youths served in the Contractor's CYD Program from which a completed Post-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Post-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible 8-9 year old Target Youths served in the Contractor's CYD Program during the output performance period from which a completed Past-Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 6-9 year old Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #6: Completed Post-Service Protective Factors Survey Questionnaires are obtained from 10-17 year old Target Youths served in the Contractor's CYD Program. Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period. Output Indicator: Percentage of eligible 10-17 year old Target Youths served in the Gontractor's CYD Program from which a completed Past-Service Protective Factors Survey Questionnaire is obtained by the Contractor Output Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Post-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The numerator is the number of eligible 10-17 year old Target Youths served in the Contractor's CYD Program during the output performance period Pram which a completed Post-Service Protective Factors Survey Questionnaire was obtained. The denominator is the total number of eligible 10-17 year old Target Youths served in the Contractor's CYD Program during the output performance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #7: Completed Prevention and Earty Intervention Youth Satisfaction Survey Questionnaires are obtained from 70-17 year old Target Youths served in the Contractor's CYD Program. Output Performance Period: Contractor performance for this output is determined annually but measured throughout the contract period, Attachment 1 - Pertormance Measures Page 3 of 5 Output Indicator: Percentage of eligible 10-17 year old Target Youths in the Contractor's CYD Program from whom a completed Prevention and Early Intervention Youth Satisfaction Survey Questionnaire is ob#ained by the Contractor Output Target: 50% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: Prevention and Early Intervention Youth Satisfaction Survey Questionnaires and PETS Database Methodology: The numerator is the number of eligible 10-17 year old Target Youths served during the output pertormance period from whom a completed Youth Satisfaction Survey Questionnaire is obtained. The denominator is the total number of eligible 10-17 year old Target Youths served during the output pertormance period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Outcome Measures Outcome #1: 6-9 year old Target Youths report an increase in the protective factors. Outcome Performance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: The change in the aggregate number of protective factors, as determined by comparison of the Pre-Service Protective Factors Survey Questionnaires to the Post-Service Protective Factors Survey Questionnaires Outcome Target: The target for this measure will be negotiated af#er baseline data are collected from the 6-9 year old Target Youths receiving services during Fiscal Year 2011. Purpose: To evaluate the Contractor's success at increasing protective factors in the 6-9 year old Target Youths who are served by the Contractor's CYD Program Data Sources: Pre-Service and Post-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The methodology for this outcome will be developed by DFPS when the survey tool has been validated. Outcome #2: 10-17 year old Target Youths report an increase in the protective factors. Outcome Performance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: The change in the aggregate number of protective factors, as determined by comparison of the Pre-Service Protective Factors Survey Questionnaires to the Post-Service Protective Factors Survey Questionnaires Outcome Target: The target for this measure will be negotiated after baseline data are collected from the 10-17 year old Target Youths receiving services during Fiscal Year 2011. Purpose: To evaluate the Contractor's success at increasing protective factors in the 10-17 year old Target Youths who are served by the Contractor's CYD Program Data Sources: Pre-Service and Post-Service Protective Factors Survey Questionnaires and PEIS Database Methodology: The methodology for this outcome will be developed by DFPS when the survey tool has been validated. Outcome #3: 10-17 year old Target Youths are satisfied with the Contractor's CYD Program services received. Outcome Performance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: Percentage of Prevention and Early Intervention Youth Satisfaction Survey Questionnaires completed by 10-17 year old Target Youths with average scores of five or higher far the first eight items Outcome Target: 80% Purpose: To evaluate the Contractor's success at providing services that are perceived as satisfactory by the 10-17 year old Target Yvuths receiving the services Data Sources: Prevention and Early Intervention Youth Satisfaction Surveys and PEIS Database Methodology: The numerator is the number of completed Questionnaires for the outcome pertormance period Attachment 1 -Performance Measures Page 4 of 5 with an average score of five or higher for the first eight items. The denominator is the total number of completed Questionnaires for the outcome performance period. Divide the numerator ty the denominator, multiply by 1DD and state as a percentage. {The Contractor must meet or exceed the targe# for Output #7 in order to achieve the target for this outcome.) Outcome #4: 10-16 year old Target Youths served in the Contractor's CYD Program will not engage in delinduent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually but measured throughout the contract period. Outcome Indicator: Percentage of 10-16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Gontractor's CYD Program Outcome Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10-16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Probation Commission and PEIS Database Methodology: The numerator is the total number of uhduplicated 10-16 year old Target Youths served in the Contractor's CYD Program during the outcome performance period who were also referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Probation Commission will be used to establish the numerator. The denominator is the total number of unduplicated 10-16 year old Target Youths served in the Contractor's CYD Program during the outcome performance period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. Definitions Aggregate -The sum of the numbers of protective factors identified by all 6-17 year old Target Youths who completed a Protective Factors Survey Questionnaire (far Age 6-9 or Age 1 g-17, as appropriate} during the outcome performance period. Average Score (for the Satisfaction Survey Questionnaires -Far each completed Youth Satisfaction Survey Questionnaire, add the scores for the first eight items and divide by five. Completed Protective Factors Survey Questionnaire - A defnition far this term will be developed by DFPS when the respective survey tools {Age 6-9 or Age 10-17) are made available to the Contractor. Completed Youth Satisfaction Survey Questionnaire - A 10-17 year old Target Youth responds to a number from the 7-point Lil<ert scale for each of the first eight items on the Questionnaire. Contract Period -The total length of this time frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Eligible (to respond to the Post-Service Protective Factors Survey Questionnaire} - A 6-17 year old Target Youth that has completed aPre-Service Protective Factors Survey Questionnaire and; ^ Completed the prescribed CYD Program; or ^ Participated in the CYD Program for 12 months from the date the Pre_Service Protective Factors Survey Questionnaire was completed. The Post-Service Protective Factors Survey Questionnaire must be the same version (Age 6-9 or Age 10-17) that was administered to the youth as the Pre-Service Protective Factors Survey Questionnaire. The youth's age is calculated as of the date of registration or September 1ST of the current fiscal year if the youth was registered in a previous fiscal year. Eligible (to respond to the Pre-Service Protective Factors Survey Questionnaire) - A 6-17 year old Target Youth that is newly registered into the CYD Program during the current contract period. The youth's age is calculated as of the date of registration in the contract period assessed. Eligible {To respond to the Youth Satisfaction Survey Questionnaire) - A 1 D-17 year old 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. Attachment 1 -Performance Measures Page 5 of 5 Likert scale - A linear set of responses often used in questionnaires. Post-Service Protective Factors Survey Questionnaire - A too] identical to the Pre-Service Protective Factors Survey Questionnaire administered to the 6-17 year old Target Youth fallowing the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Pre-Service Protective Factors Survey Questionnaire - A tool administered to the 6-17 year old Target You#h 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 andlor attend school in one of the designated ZIP Code areas or attend school at another eligible public middle or high school located outside of the designated ZiP Code area that has at least 3Q% enrollment from the designated ZIP Code area as determined by DFPS. Unduplicated Target Youth - A Target Youth with a unique client ID number who receives at leask one service is only counted one time during the performance period. Community Youth Development Program FY 2011 Subcontractor Plan of Operation SUBCONTRAaTI*L7CL1~,FlT~,1=RaltCES- .``~' ~_ ~~~ #IVO'~i'II~"fhis document must be completed a5 {Sartaf~eacttf i F `titCAC~" PI FiHJ~.:' J uili~ Servic~`;Provd' hr fl . N itll ~, Fiscal AgentlPrimary Contractor: City of Corpus Christi Subcontractor Name: Youth Odyssey, Inc. Total CYD Funding Amount: 30,000.00 Program Name: Adventure Challenge program SuEicontr~actor Cnn tact~~lri b'rity~tlon Name: Title: E-mail: Phone Number: Rebekah A. Koeller Pro ram Director outhod sse 1 ahao.com 361-946-6016 Address: PO Box 331394 Cor us Christi, TX. 78463 Contract Period: From: Sept 2010 To: Aug 2011 Funding Priority(ies): #2 Life Skills and #3 (Inclusive Dates of Service): Same as contract period Recreational Services Yes: ®No: ^ If not, From: To: All addresses (locations) where services will be provided, (please use full address): 1. 5auth Park Middle School - 3001 McArdle Rd., Corpus Christi, Texas 78415 2. Baker Middle School - 3445 Pecan St., Corpus Christi, Texas 78411 3. Moody High School - 1818 Trojan Dr., Corpus Christi, Texas 78416 4. Cunningham Middle School - 4321 Prescott 5t., Corpus Christi, Texas 78416 5. Wynn Seale Academy - 1707 Ayers St., Corpus Chris#i, Texas 784D4 6. Leeward Apartment Homes - 2800 Sacky, Carpus Christi, TX 78415 7. La Armada Learning Center - 1455 Southgate, Corpus Christi, TX 78415 8. Lexington Manor - 5201 Kostoryz Rd., Corpus Christi, TX 78415 9. H.P. Garcia Park - 45D1 Greenwood Dr., Corpus Christi, TX 78416 10. GELS Ropes Course -1-37, Odem TX. - 11. State Parks within a 5 hours drivin distance Pro ram Out us Output #1: Output #3: Average number of unduplicated 21 Average number of 0 youth served monthly* : unduplicated adults served month) ": Output #2: Output #4: Number of unduplicated youth 86 Number of unduplicated 0 served during the fiscal year"`*: adults served during the fiscal year**: Calculate the cost of the overall program per youth (Cost per = $Contract amount / # youth served annually.): $348.84 Please fill in the following chart to explain how you will reach your target outputs during the fiscal year. If clients will be served only in individual or group services, add the Annual Outputs for both services and enter the sum above. On the other hand, if clients will be served by BOTH individual AND group services, the annual outputs should be identical and that number should be entered above. Be sure to include all services that will be provided. Copy and paste multiple rows as needed. Individuals: Maximum Number Total number Number of Avera a number Annual Output 6 Caseload of staff of youth program cycles of youth served (monthly output x per staff served per per year monthly number of cycles per program cycle (caseload x staff year) (caseload x # - 10%) of staff} Groups: Maximum Number of Total number of Number Average Annual Output group size group youth served per of Monthly (monthly output x sessions program cycle program Output: number of group running (group size x # of cycles (group size cycles per year} concurrently concurrent per year x # of group group sessions) sessions - 10%) Recreationa! 12 2 13 x 2 = 22 4 (9 74 x 2 = 24 21, 6 x 4 = 86 & Life Skills weeks) - 10% _ 29.6 1. Is this CYD Program astand-alone program or component of a larger program? The program is the amalgam of all the separate services provided. ^ stand-alone ® Component of a larger program (Youth Odyssey} 2. Check the services to be provided: ^ Youth-Based Curricuium Activity ®Life Skills Classes ^ Family-Based Curriculum Activity ^ Mentoring ^ Family Focused Service ^ Youth Leadership Development ® Recreational Services ^ Youth Advisory Committee Business (only one provider may ^ Academic Support Services provide the YAC business service type} 3. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skins, assertiveness and interpersonal skills ^ Parentallguardian supervision ^ Caring adults ofiher than parent ^ Strong bond between children and parents ® Emotional support and absence of severe criticism ^ High parental expectations ® Clear rules and expectations ^ Involvement with schoollcommunity ^ Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose 4. [?ascribe the services to be provided. Be sure to include every service indicated in the check box above. Indicate the time of day that services will be provided (e.g. afterschool, weekends, during the school day) Programming Sessions last 6 - 9 weeks and are comprised of the following: 0 8 Portable Ropes Course Challenge Sessions that will serve a max of 15 youth per session. The onsite activities are two-hour sessions. - After school 4-6 pm Monday through Thursday - Throughout the day during school breaks 7 0 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. - Saturdays and Holidays (days off from school) - Any day during the school breaks 0 1 Adventure Wilderness Trip that will serve a max of 12 youth on each trip. The trips are firom Friday afternoon till Sunday afternoon. - Weekends during the school year - 3-5 day trips during the school breaks 0 1 Graduation Session that will serve a max of 15 youth per session. The onsite activities are two-hour sessions. - After school 4-6pm Monday through Thursday - Throughout the day during school breaks Description of Programming: 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 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 learn from its successes and build trust and confidence as obstacles are overcome. High Elements The High Elements of a Ropes Course emphasizes individual challenge, accomplishment, and is built upon the team development and trust established on the Low Elements. The High Elements are an extremely powerful developmental tools because of the perceived risk of each activity. The High Elemen#s 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 The wilderness is a place where nature is dominant and situations and their consequences are real. Camping in these conditions, away from the distractions of modern civilization fosters self-reliance, respect and a sense of responsibility for youth's own actions. Youth Odyssey's programs are designed based an the nationally recognized National Ou#door 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 salving. Youth are guided through activities, which enable them to build self- esteem, eel#-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 Adventure Wilderness 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 B:DD 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. Each activity during the weekend includes reflection, evaluation and goal review to help the youth derive meaning from what they have experienced and how the experiences apply to their lives. Also, the whole team processes the entire day's activities through a refection exercise, Saturday night around the campfire. This is reported as one the youth's favorite part of the trip, Sequence of Development 8 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: o Goal Setting -is a critical component since it provides a source ofi measure. o Awareness -activities that are designed to assist youth in feeling more comfortable in their group environment and to appreciate the relationship between peers 1 adults. o Trust -activities that focus on one-to-one as well as group trust. o Cooperation -activities at this level gives the youth a sense ofi accomplishment through cooperation. o Group Challenge --activities that are "problem-solving" in nature and experiences are related to real life. o Leadershia -activities that assist youth in developing leadership skills and experience following a leader. o Application - a follow-up program at the closure of the on-site experience, through a final processing session (Reflection, evaluation, and goal review) 5. Describe what startup activities will be necessary, including but not limited to hiring and training staff, publicizing your program in the community, and recruiting youth to the program. Provide a brief timeline for all activities. Youth Odyssey runs via adjunct programming. Meaning the teachers !coordinators 1 directors of the sites we visit will select the youth that most need our program. This has been very successful in the past because the teachers 1 coordinators 1 directors have a rapport built up with the youth and can easily identify the youth that are having problems at home 1 school /social venues. Youth Odyssey prepares flyers with the program schedule in advance for each site. In addition we often speak with the youth and present our programs to a wide variety of venues for out reach purposes. Advertising is done via the flyers, website, booths, and word-of-mouth. Ali adverting and promotional activities are an on-going process. Staff is already hired for the new year. The CYD program is part of a larger Youth Odyssey program that is run throughout the year so no hiring and training is needed for start-up. 6. Identify the frequency, in#ensity and duration of services for a client: Service.Type ~ ~ Far Whom `'uenCy ~ lion ~ It~te si y ~ t ~~ l se tiie service type names first and aarget youth, ily, weekly, ~' unt of ~ ~`he t~s ri(# of ~~~~idividual progran'names in;parentheses,. primary~caregiver ~; monthly time=it will take ~= s`ession~~Qer if needed (1 si„rvice does nok a'client to clieht '~ equal a time period completethe ~ ` ~-~ ::::ra, ;: ~~~ such as ' hput~ ro ram` ;a~ Recreational Service: Portable Team Youth 8 sessions 9 weeks S Challen es Recreational Service: Ro es Courses Youth 2 sessions 9 weeks 2 Recreational Service: Adventure Youth 1 session 9 weeks 1 Wilderness Tri s Recreational Service: Graduation Youth 1 session 9 Weeks 1 Life Skills Classes: Portable Team Youth 8 sessions S weeks 8 Challen es Life Skills Classes: Ro es Courses Youth 2 sessions 9 weeks 2 Life Skills Classes: Adventure Wilderness Youth 1 session 9 weeks 1 Tri 5 Life Skills Classes: Graduation Youth 1 session 9 Weeks 1 7. Identify the target population to be served: 9 h. "'", ~ ~ { , -Youth Is any part of the program designed to serve ages other than the CYD target population of 10-17? Yes ^ No If yes, please describe: Is any part of the program specifically designed to serve only males or females? Yes ^ No If es, lease describe: Is any part of the program specifically designed to serve a specific racial or ethnic group? Yes ^ No If es, lease describe: 13. If applicable, identify any program model or curriculum to be implemented and include the developer of the program Program was designed by staff members and is constantly being revised as our audience's needs change and as society in general changes. However, we are heavily indebted to the North Carolina Outward Bound School and the Venture program for use of their Instructor Handbook and to the Association for Experiential Education for providing the original impetus for writing the Youth Odyssey Staff Manual in 2043. Youth Odyssey's programs are designed based on the nationally recognized national Outdoor Leadership Schools (NOES) and Outward Bound. Through the collaboration of our staff, their past experiences in the field, and other Nationally successful programs; we are continually refining our program to provide the mast safe, effective, hands-on and exciting program possible far the at-risk population. 9. Identify the CYD Program's goals and objectives. All goals and objectives should address the impact on juvenile delinquency. Goals are broad statements of what your program is intended to achieve. Objectives are specific, measurable, achievable, relevant and time-focused statements. Goal(s): To bring the Youth Odyssey experience (provide social and life skills development) to at-risk youth residing in the 78415 zip code. Objective(s): Within a 9-week period, each participant in a Youth Odyssey class will have increased their social and life skills via outdoor programming to include team building, ropes course, and adventure wilderness survival trip. (This will be measured by use of a pre 1 post test to assess the change in each youth. Our evaluative measures include a program questionnaire, individual assessments by staff, trip journals, and 'speak-outs' in which youth express their views on what they have learned and how to apply it to their lives.) 1t). Describe the evaluation plan for the program to include: staff responsible for evaluation, how evaluation data will be collected, how evaluation data will be conveyed to relevant staff and how evaluation data will be used to revise or improve the program, to include at least the results of the satisfaction surveys. Include a list of measurement tools that will be collected, if applicable, to demonstrate on-going program effectiveness and implementation of the program design. Program Evaluation Assessment Tool: Youth Odyssey uses a pre and apost-test (at the end of the six-nine week session} to assess the change in each youth. Other evaluative measures include a program questionnaire, individual assessments by staff, trip journals, and `speak-outs' in which youth express their views on what they have learned and how it can apply to their lives at the end of each activity. We also send a survey to the parents after the completion of each program to assess changes they have observed in their youth. Assessment of each programming session is also measured through the following evaluations: o Adjunct Youth Agency Evaluation o Volunteer Evaluation o Parent Evaluation 10 ''G' ent I~" P ittlteflt'~t~cll~ie~ltt~+an,, 11. Recruitment a. Describe the process for recruitment of at-risk youth and their families. Provide a description of any outreach strategies used to encourage referrals and collaboration. Include recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer clients. Youth Odyssey runs via adjunct programming. Meaning the teachers lcoordinators /directors of the sites we visit will select the youth that most need our program. This has been very successful in the past because the teachers coordinators 1 directors have a rapport built up with the youth and can easily identify the youth that are having problems at home 1 school I social venues. Referring agencies are but no limited to the Corpus Christi Housing Authority Learning Centers and the 21g' Century After school programs with CCISD. b. Describe any community based outreach and awareness events or activities your program will implement or participate in this year. Youth Odyssey prepares flyers with the program schedule in advance for each site. In addition we often speak with the youth and present our programs to a wide variety of venues for out reach purposes, Advertising is done via the flyers, website, booths, and word-of-mouth. Examples of advertising venues are BayFest, Earth Day 1 Bay Day, Summerpalooza, presentations (Rotary Clubs, KIWANIS, Child Protective Services and DFPS, etc). All advertising and promotional activities are an on-going process. 12. Retention a. Describe strategies used to engage youth and their families. Describe any techniques you will implement to establish trust, build rapport, and maintain relationships with your target population. Youth Odyssey's programs are designed to grow with the youth. Youth are excited to try new things like rock climbing, ropes courses, kayaking, and camping -things that they normally do not have access to. The program itself draws the youth and often times youth will continue to attend our programs year after year because they had so much fun the first time around. To those youth we offer "mentorship" opportunities and more responsibility during our activities to grow themselves in new ways. They love the new challenges and keep coming back~for more each year. The youth that participate in the Youth Odyssey program are challenged in a way that no other program can offer. They are given hand-on adventure challenges to push themselves to do exciting activities that only the outdoors can offer. Risk taking and sensation seeking are normal for adolescents; our goal is not to suppress these desires but to re-channel them intro more desirable, socially acceptable outlets and means of expression, such as our physically challenging adventures in outdoor settings. Youth Odyssey activities are oriented toward action and experiences, as opposed to verbal processing and allow the youth to be exposed to natural consequences under the guidance of trained staff. The activities encompass a wide variety of opportunities for success in areas that are relatively conflict-free because of their unfamiliarity. Because of the uniqueness of the program and the different stages that we guide the youth through, we don't feel retention is a problem. Attendance is taken at every event and continuous follow-up with youth is done. In the event that we do have a youth that is exiting, phone calls are made to the youth and their parents to talk about obstacles that may exist. Encouragement is given to the youth to continue the program and see it all the way through. As the program progresses the activities get more challenging. This slow progression allows staff to develop rapport and trust with each youth. Youth will meet for 2-3 two-hour sessions before attending the ropes course and again 2-3 more two-hour sessions before the camping trip. This spacing allows the youth to grow comfortable with the program and staff and also allows the parents to learn more about the program and what their youth are learning. We are happy to highlight that Youth Odyssey has never had an accident or incident to report since our founding in 1997. We take safety seriously. Having trained staff medically and technically in all of our activities also builds trust with the parents. Throughout the program staff related the activities and life skills back to home /school 1 and personal lives for application and greater retention. Parents see these changes in their youth and are not shy about 11 telling us about the positive changes occurring. We have numerous youth, parent, and site evalua#ions 1 testimonies on file to back up these statements. Relationships built on trust and healthy growth between parents, youth, and staff are the foundation of any youth agency. Youth Odyssey constantly demonstrates professionalism and devotion to helping youth create a better future for themselves. ' b, Wilt your program offer incentives for participation? ^ Yes ®No c. Describe your plans to retain youth in the program and ensure youth complete the program. Describe how you will recover youth who stop attending services to return to .the program. As mentioned earlier our program speaks for itself and draws youth on its own. Sometimes youth ar parents will tali and say "I heard about your program from So-and-sos mom, how do I get my youth enrolled". Site coordinators are always calling us asking "when are you coming back". Youth who stay the duration of the program get to go in the ropes course and camping trips. In addition, those who graduate from the program are told that they can join in on any trip that they like all they have to do is call us. And many do, because they like the program, they feel emotionally and physically safe, and they are learning life skills in a fun-hands on manner. Because of the uniqueness of. the program and the different stages that we guide the youth through, we don't feel retention is a problem. Attendance is taken at every event and continuous follow-up with youth is done. In the event that we do have a youth that is exiting, phone calls are made to the youth and their parents to talk about obstacles that may exist. Encouragement is given to the youth to continue the program and see it all the way through. V~tunteer R~ckuitment, Tralning, and Ret~ntiori~~ '': ~' ~~'' 13. Will this program use volunteers? ®Yes ^ No If yes, describe the procedures for recruiting and screening volunteers and what criteria will be used to ensure they are a good fit to deliver the proposed services. The procedure is the same as when hiring Youth Odyssey staff members. o A thorough background check nationally is conducted o Must be trained in CPR /First Aid a# minimum and keep the certifications current o Demonstrate their ability to relate and care for youth o Demonstrate group control and behavior management The minimum age requirement far an Adult Volunteer is 18 years old. AEthough there are no maximum age requirements for adult volunteers, selection will be based on the ability of the volunteer to pertorm cerEain skills. Some rigorous physical activities such as hiking five to ten miles a day carrying a 5(}-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. All staff and volunteers will undergo background checks prior to working with youth and in accordance with DFPS regulations. The Staff Policy and Procedure Manual for Youth Odyssey is 65 pages. Copies are available upon request. Youth Odyssey provides training when needed or requested by the volunteer. All volunteers are updated on the Emergency action plan and familiarity with the area around the activity site. 14. Explain the tasks which wilt be assigned to volunteers (mentoring, #utoring, presenting), how they will be trained, supervised, and retained (once a month supervision is required per the RFP). All volunteers will be paired with a minimum of one full time staff member of Youth Odyssey. Volunteers are allowed to come to any portion of the program but their track record is that they only attend the camping trips and- not the two-hours or ropes course sessions. Their tasks are simply: o Being another set of eyes to watch out for the youth and their surroundings -safety o Listen to the youth when they need to talk o Help out with camping craft and whatever else is needed. o When trained, help with outdoor activities 15. If volunteers wilt serve as mentors, state the adult to youth ratio. NIA 12 NOTE: A!! volurlfeers must be cleared ~vrfh a QP5 CrBrlir~a! Background Chsck grid a DFPS Chrld Abuse Registry check through;the ABCS systerrr PRlOF2 to access to clients aricl/or client records.'A!! voluritaers must he given' iriarrthly scfp~oit f~t~therC work with yorifh. 16. Discuss potential barriers [e.g. transportation, child care, etc.) to providing services to program participants and how you will overcome those barriers, If transportation will not to 6e offered, identify the processes that are used to ensure that these factors are not obstacles to accessing services. Transportation is provided. Since Youth Odyssey conducts sessions on-site at recreationllearning centers and schools, transportation is not an issue since the youth are already living or attending school at the program location. Transportation is provided for all other field trips. Meeting location is also located where the youth live. 17. Describe the "safe passage" plan for youthlfamilies 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 adapted the following procedures for the 15-passenger vans: o Da 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. o When the 15-passenger van is not full, passengers should sit in seats that are in front of the rear axle. o Tires must be properly inflated and the tread is not worn down. Worn #ires can cause the van to slide sideways on wet or slippery pavement. ]mproper inflation can cause handling problems and can lead to catastrophic tire failures, such as blowouts. Therefore, check tire pressure and tread wear once a mon#h. o 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. o All passengers MUST be wearing a seatbelt AT ALL TIMES. Ail staff are certified to drive our 15-passenger vans and have experience in all activities under#aken by Youth Odyssey. While participating in ac#ivities such as rock climbing, kayaking and hiking, all youth are equipped with the necessary safety equipment. The items that are used, such as helmets, harnesses, ropes, lifejackets, and paddles are inspected by a staff member prior to the youth engaging in an activity. All equipment is routinely inspected far frays, cracks, breaks, or abrasions that may affect the durability and safe#y 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 major accidents of any kind; few programs can say this. We take afl 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. o Staff members meet youth at their school or recreation center (where they meet for their two-hours sessions} and then drive them to the ropes course or camp site being used o Before van is turned on rules for the road are given and staff make sure that youth understand these rules o All passengers will wear a seat belt for as long as the van is runninglon. A maximum of 13 youth are allowed in the van and 2 staff members (15 passenger van seating) o Staff may transport a minimum of two youth at a time. If there is only one youth #hen a second staff memberlvolunteer is required. But we rarely have to transport just one Youth Odyssey o Staff will follow strict guidelines created by Youth Odyssey and will obey all traffic laws o Youth will call their parents to give them an approximate time of arrival back homelto the center ar school o At the end of every trip staff check in with the assigned superior to let them know how the trip went and if there were any concerns, etc... 13 o All participants wilt have parental permission via the Youth Odyssey application in order to attend trips o Insurance on the vehicle will be current and vehicle will be properly checked before loading the participants o Youth Odyssey has a Maintenance Check that is performed prior to picking up the Youth Odyssey o Only staff members and volunteers cleared to drive the vehicles will transport the participants ~` ~ f,~~~~`Plari~ , ~,i,; ~; . 18. Use the table below to describe the staffing plan, including the back up staffing plan in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide coverage, if necessaryy. Currently the Program Director and Program Leader are the only ones working with CYD youth. Volunteers who work with youth have all of their forms filled in. Part time staff or seasonal staff will be hired early next year and will get the CYD background check as required. As will any new staff or volunteers that come on board with Youth Odyssey. Position title (indicate if a volunteer Services for which this osition is res onsible Position supervised by: Position has backup by this osition: Executive Director Oversi ht Board of Directors Pro ram Director Oversi ht and facilitation Executive Director Pro ram Leader Pro ram Leader Facilitation Pro ram Director Volunteers 1 Part time staff Part time staff -summer 2011 Facilitation and support Program Direction and Pro ram Leader Board members 1 volunteers Describe staff su pervision and support. The executive director and program director supervise all staff. Weekly meetings are held to address any on-the-job issues, issueslconcerns 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 a programlactivity if needed. These volunteers are past employees, teachers, and al! have professional training in the activities conducted by Youth Odyssey. The CYb program is charged for only two positions, Program Director (23% of time} and Program Leader (20% ofi time). The Program Director's time is spent on the implementation and supervision of the CYD program. The Program Leader's time is spent on facilitating the sessions. Volunteers are used throughout the program but this is an in-kind match. o Weekly meetings take place with all staff members. o Before leaving on a trip, all adults (staff, volunteers) get together and share information about the #rip, expectations, concerns, plans, etc... so that we are all on the same page o We constantly do "check ins" with other staff members during the trip to make sure nothing has gone unnoticed or unaddressed o Likewise at the close of a trip we debrief the trip o There is always a "head" facilitator on the trip {usually the one who is running the specific program) and the other adults are there for support and guidance for the youth. o At the end of the trip head staff member checks in with their superior to let them know that everyone is back and safe o Chain of command: Executive Director -Program Director -Program Leader {these are the potential "heads" in charge of each group/trip) Signature. of Person cornpleting the Pian of Operation far the Subcontractor: 14 Signature of Person completing the Plan of Operation for the Subcontractor: Rebekah Koeller Printed Name . ~' Date Signature of Contractor Staff Appro~ing the Plan of E3peratioo~: r Celltaa Pincher 9~/_2~~(~ _'~-;_~i8 3 :;:T.e<~ i~a~Tie Dale CYr~ Subcartracfa~ Plan ar Cjperatlen fiscal Year 2t?~ ~ ~.~ G ~ C ~ } ~ ` d as ~a Q ~ oa ~ ~ 0 ~ ~"' L ~` ~ ~~ 3~ EN O ~- U is a~s~~ ~ 3 n o U ~ Q E~ ~ 4 r N Q ~ T a~[ N d C ~ O M L w . O i 4 C C CC C ~ Qs N ~. C ~ L Q N N a ~ ~ ~ N = O ~ w o ~ ~ i ~ ~ d ~ N 0 7 C ~ ~ N V a 'o - a~i ~ a ~ cA r ~ Q Z ~ N U ~ N N ~. .~-~ ~~ ~ Q ~ 3 ~ ~ O ¢ C ~ ~ O ~ ~ U Q ~ ~ z 0 a ~ 0 ~ ~. ~~ } P~`~ ~ 'at VI N T ~ ,~• a ~ d ,~~~' L'~ :3 iL i.~, r to trr y`Y [5 ~'+ F ~~~~ i r "L',O i 1 /5 t"~' f~S o)~ a:E { Y~~` t ~ L `.Id:7 Q. ~ pp 'C ~'.G ~,~: i ~~ i ~I i. y~~f r k ~a ~,°;t << Z ~'~ ~ ~ C ~, p ,~ ~Fpl~ ~ ~ ~,~ ~ „~ S '' ~ a ~ P' a ~ ' ~ Q ~Y a ~. - Y c~a ~~~' rf o (0 ; ~~~~~ ~ ~~ ~ a ~ ~~, a 0 ~ - $,. ~ a ~ ~~~ Y ~9~ ~ ~iU f.~ ~ ~LL~ ~ - ~ a ~~y~~ a g ~ , '~ ~i a.;~ i ~~'a v a a ~~ r 0 ~ ~L ~i Q~7,'~: IBS ~`h~ ~yL ~ ~ ~~D ~~, ~~~ _~ _ } fy c Attachment A-3 Program Requirements - FY2Q11 78415 Community Youth Development Plan changes. Plan changes to budgets and plan of operation are each limited to three during the fiscal year with the fiinal plan change to be submitted no Safer than June 1. Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the CYD Program Manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCs) who have contact with client or client information or if salary is reimbursed through the contract, It is assumed that staff including, but not limited to, Executive Directors and Chief Financial Officers will have access to clients or client records due to their oversight roles; therefore, require a cleared background check. Quarterly Reports and Corrective Action Plans. Each quarter the Subcontractor is required to submit a Quarterly Report no later than 3D days after the end of the first, second and third quarters. The Quarterly Report must include information on the program, how the subcontractor is performing and any corrective action plans that are required. At the end of the year the subcontractor is required to submit a Fourth QuarterlAnnual Report that provides ongoin~information regarding achievements and challenges in implementing the CYD program during the ~I quarter and the full. contract year. A corrective action plan must include a statement of the problem, proposed steps to be taken, timeline for each step, person(s) responsible for implementing each step, and person responsible for oversight of the plan to ensure it is implemented correctly. Corrective action plants must be submitted on the required template and must outline the measures that will be taken by subcontractor to address each performance measure that is off track. Program Services. Youth may not participate solely in one-tune activities. If one-time activities are planned as a service, they should be an added value for youth already participating in other CYD Program Services and cannot be a stand-alone service. Direct service staff of the Subcontractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. Program Farms and Social Security Numbers. Contractors are required to complete ail fields of the program form such as the registration farm, in its entirety including the social security numbers field. If a client refuses to provide their social security number, contractors must document refusal in the case file. The expectation is that contractors make a good faith effort to obtain social security numbers and other information listed on the program form. Sections of the program registration farms that have an asterisk are required fields in the database; however, the expectation is that the form is completed thoroughly. All services provided in accordance with the Subcontractor's approved Plan of Operation must be tracked using the appropriate documentation forms. Service documentation must be complete, accurate and 17 maintained in an organized fashion. Subcontractor must maintain records in a manner which protects the confidentiality of the clients being served. Service documentation must include, but is not limited to: Sign-in sheets, particularly for group activities Monthly Service Tracking Forms Satisfaction Surveys Documentation may also include, if applicable: Service plans Referral logs Case notes, including phone logs, home visit notes, office visit notes, etc All services provided by subcontractor must have valid documentation that supports verification of participant attendance, such as sign-in sheets or attendance rolls, including a signature certifying the validity of the information, individuallgroup progress Hates, materials/hand-outs used and additional documentation as appropriate to the program. Client files must include, at a minimum, the following forms completed: The DFPS Registration Form CYD Risk Factor Survey Pre-service Protective Factors Survey Post-service Protective Factors Survey Cost Reimbursements. Subcontractors must submit reimbursement requests by the 5'h of each month. The City nor DFPS is obligated to pay unauthorized costs or #o pay more that Subcontractor's allowable and actually incurred costs consistent with federal and state regulations. The reimbursement made to Subcontractor will not exceed actual costs to provide the services under this Contract and Subcontractor's actual casts, both direct and indirect, must be allowable, reasonable, and allocable. Subcontractor must submit supplemental bills quarterly, (December 3D, March 30, June 30 or September 30} to submit costs not included on the main monthly bill. Only one supplemental bill may be submitted for each month, so all additional costs must be included. Reallocation of Funds. 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 30), the Subcontractor could lose uncommitted funds in excess of $2,5DD, subject to reinstatement through the appeals process set below. Fiscal Agent will notifiy 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 budge# 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 their 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. Controlled Assets. Subcontractors must complete an inventory list of any controlled assets (ex. computers, furniture, etc} purchased either in part or in full by DFPS funds using an inventory list form. A new inventory list will need to be submitted to the City during each contract renewal cycle. 18 ATTACHMENT B-1 Youth Odyssey Budget In#ormation Forms Contract Period: September 1, 2010 -August 31, 2017 Summary Budget FY11 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 -9 9- ATTACHMENT B-1 Youth Qdyssey Budget Information Forms Contract Period: September 1, 2010 -August 31, 2011 (1a) Personnel -Salaries FY71 A Position or Title B Number of Staff far Position C Average Full Time Monthly Salary D Percent of Time on Budgeted Position E Number of Months Employed F Cost {BxCxDxE) {Total) NONE p.pp TOTAL SALARIES .'total 0.00 -20- ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2010 -August 31, 2011 {1b) Personnel -Fringe Benefits {Employer's Share) FY11 Fringe Benefits Based Frin a Benefits Based on (1a) Salaries Paid* on 1a) 5alaries Paid NONE $0.00 TOTAL FRINGE BENEFIT'S $0.00 -21- ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2010 -August 31, 2011 (1c) Personnel - Travel FY11 Type of Expense (transportation, food, I Purpose (©estination and Benefi#si Total (NONE I 1 $0.00 TOTAL TRAVEL ~ ~ $0.00 -22- ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2010 -August 31, 2811 (2) Materials and Supplies FY11 ~ Description and Basis for Cost ~ Total o.oo~ TOTAL CONSUMABLE SUPPLIES ~ $0.00 -23- ATTACHMENT B-1 You#h Odyssey Budget Information Forms Contract Period: September 1, 2090 -August 31, 209 9 (3} Rental, Lease, or Purchase of Equipment FY11 .. Method Used (lease, rent, Description and Basis for Valuation f Total NONE TOTAL RENTAL, LEASE, OR PURCHASE ~ ~ $0.00 ~ -24- ATTACHMENT B-1 Youth Odyssey Budget Information Forms Contract Period: September 1, 2010 -August 31, 2011 (4) Other Costs FY71 ©escri tion and Basis for Cost Total 8 x Portable Team Challen a $5.00 x 90 ouch $3,500.00 2 x Flo es Chaiien a Course $16.67 x 90 outh $3,000.00 1 x Adventure Wilderness Tri $250.00 x 90 outh $22,500.00 1 x Graduation Tri $10.OD x 90 outh $900.00 TOTAL OTHER C05TS $30 000.00 -25- SUBCONTRACTOR: Youth Odyssey Request No. CONTRACT PERIOD: 09/01/2010 to 08/31/2011 Reporting Month TITLE: Community Youth Development Program ATTACHMENT B_2 BUDGETED INFORMATION SUMMARY AND REIMBURSEMENT REQUEST Amount Budgeted Personnel -Salaries 0.00 TOTAL 0.00 Personnel -Fringe 0.00 TOTAL 0.00 Personnel -Travel 0.00 TOTAL 0.00 Materials and Supplies 0.00 TOTAL 0.00 Rental, Lease or Purchase of E ui ment 0,00 TOTAL 0.00 Other Costs Portable Team Challenge (8) Ropes Challenge Course (2) Adventure Wilderness Trip {1) Graduation Trip (1) TOTAL 3,600,00 3,000.00 22,500.00 900.00 30,000.00 TOTAL 30,000.00 (1) - (2) "City Use (1} YTD (2) YTD Amount Only Expended Invoiced Requested"' Amnt. Paid "` Amounts expended cannot exceed amount budgeted. I certify that the expenditures shown above are true and that supporting documentation is attached to substan#iate them. Subcontractor's Authorized Signature Date Payment Authorization Signature Date -zs- Attachment B-3 Youth Odyssey, Inc. BUDGET NARRATfVE - FY11 Youth Odyssey activities are comprised of programming that is divided info sessions that last 6 - 9 weeks. Each programming session includes the following activities: 0 8 Portable Ropes Course Challenge Sessions 0 2 Stationary Ropes Course Challenge 0 1 Adventure Wilderness 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 $333.33 far six -nine weeks of programming. We wilt only bill for CYD-ell ible outh and and for activities the attend. Youth Odyssey anticipates serving a total of 8fi 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 & '09. The narrative below will support with detail how the following cost were calculated: 8 Portable Team Challenges $5.00 a youth X 8 sessions = $ 40.00 2 Rapes Challenge Courses $21.67 a youth X 2 sessions = $ 43.34 1 Adventure Wilderness Trip $250.00 a youth X 1 trip = $250.00 1 Graduation Ceremony Trip $ 10.00 a youth X 1 trip = 15,50 Total per youth for a completed session = $348.84 Grant Request for 2010-2011 - $348.84 per session X 86 CYD youth = $30,OOOA0 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 implementatiors and supervision of the Adventure Challenge Program for CYD-78415: 30% X 35,000 =$$,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: 27 $13,050 X 7.65% {fica and medi}= $998.33 Personnel -Travel - $3,135 1. Adventure Wilderness -Includes all travel for prelpost trip and transportation to and from campsite and 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 miles X .445 cents a mile X 10 sessions = $ 222 4. Program Director and Program Leader- Staff Training Flightllodging _$ 1,400 Materials and Supplies- $181.56 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 - $12,297.46 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 Wilderness Trips X $300 = $ 600 6. Ropes Challenge Course $300 X 10 sessions = $3,000 28 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 cast of Yauth Odyssey's telephone Program Manager's cellular phone, and Programs Leader's cellular phone (provided far emergency access during programming and for programlparent networking). _ $ 530 In-Kind Match - $56,459 A. Rent - $ 6,000: 2 Trailers, and gear storage $500 X 12 months =$6,000 KayakslTrailer 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 29 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. "Yaufh Odyssey, lnc."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 an behalf of Subcontractor hereby warrants that helshe has been fully authorized by Subcontractor to execute this Contract on behalf of Subcontractor and to validly and legally bind the Subcontractor to all the terms, performances, and provisions herein set forth. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to auditor 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 f=ederal, State and local laws, including but not limited to, the fallowing: 45 Code of Federal Regulations ("CFR") Part 74, Office of Management and Budget ("OMB"} Circulars A-133, A-11 D, A-21, A-87 and A-122 as applicable, the Uniform Grant Managemen# Standards (UGMS) as applicable and 40 Texas Administrative Cade ("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-410, and 4D TAC 732.240-256. SECTION 2. INDEPENDENT CONTRACTOR it is expressly understood and agreed that the Fiscal Agent is contracting with Subcontractor as an independent contractor. No provision of this Contract or act of the Fiscal Agent in performance of this Contract shall be construed as making Subcontractor the agent, servant, or employee of the Fiscal Agent; employees of Subcontractor are not employees of the Fiscal Agent; and Subcontractor is solely responsible for employee payrolls and claims arising therefrom. SECTION 3. FINANCIAL LIMITATIONS AND CONSIDERATIONS A. This Contract is 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 Contrack 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. 30 - C. The basis for payment far 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. Funds under this Contract cannot be earned prior to the first day nor after the last day of the Contract Period. F. The Fiscal Agent shall not be liable to Subcontractor for any charges under this Contract which exceed the total funding amount specified. G. All funds unearned ar unexpended in the performance of this Contract shall be retained by the Department. H. .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. The Subcontractor understands and agrees that prior written approval must be secured: For transfers between line items for any dollar amount. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved; 2. When transfers, regardless of the amount, would result in a significant change in the character or scope of the programs. Lack of prior approval in these instances will be grounds for recovery of unapproved payments and termination of this Contract at the option of the Fiscal Agent; and 3. When needing to add a line item, cast, or expenditure to the budget. Approval must be obtained in writing prior to incurring the expenselcost. 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. K. Buy Texas. In accordance with Texas Government Code ~ 2155.4441, the State of Texas requires that during the performace of a contract for services, Contractor will purchase products and materials produced in the State of Texas when available at a price and time comparable to products and materials produced outside the sta#e. - 31 - 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 casts with non-Federal funds. Repayment of such funds to the Fiscal Agent shall be in accordance with the Prompt Payment Act. Subcontractor steal! also repay to the Fiscal Agent any funds found to have been paid for the same service from funds other than CYD Program funds. In the case of duplicate payments, the Fiscal Agent may also withhold any earned funds of Subcontractor under this Contract or any other Contract pending satisfaction of any repayment obligations under this Contract or any other Contract due to payments which were improper or unauthorized. SECTION 5. CHANGES AND AMENDMENTS The Subcontractor agrees to notify the Fiscal Agent immediately of any significant change affecting the Subcontractor including, but not limited to, change of 5ubcontractor'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. 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 Agen# under any Federal, State or local program. C. The Fiscal Agent may issue a policy directive that shall have the effect of establishing, interpreting, clarifying ar 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. D 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 fi. ACCOUNTING REQUIREMENTS The Subcontractor agrees to adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and to follow Fiscal Agent and Department fiscal management policies and procedures in submitting timely billing and maintaining financial records required to be kept under this Contract. SECTION 7. RECORD KE,EPINGIREPORTING 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 - 32 - supporting documents for reviewing and copying by the Fiscal Agent, the Department, the U.S. Department of Health and Human Services {"©HiiS"), or their authorized representatives. B. The Subcontractor agrees to main#ain financial, programmatic, and supporting documents, statistical records, inventories of nonexpendable property acquired, and other records pertinent to claims submitted during the Contract Period for a minimum of five {5) years after the termination of the Contract Period, or for five (5) years after the end of the Federal fiscal year in which services were provided if this Contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five (5) year period expires, the Subcontractor will keep the records and documents for not less-than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the DepartmentlFiscal Agent and the Subcontractor, Contract Period means the beginning date through the ending date specified in the original Contract; extensions are considered to be separate Contract periods. C. Subcontractor shall complete and submit all necessary data on participants enrolled in its program and must do so according to instructions and definitions prescribed by the Department and the Fiscal Agent. D. Failure to submit required reports to the Fiscal Agent may result in withholding by the Fiscal Agent of any payments otherwise due until such time as the Subcontractor meets the delinquent obligations. D. Subcontractor shall submit aself-evaluation report within 30 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. StJBCONTRACTING A. Subcontractor agrees not to sublet, assign, transfer, convey or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written approval of the Fiscal Agent, which includes full disclosure of the particulars of such agreement and special assurances that such #hird party shall comply with all provisions of the governing laws, the terms and conditions of this Contract, State of Texas policies, Federal regulations and Fiscal Agent policies, including the qualifications of the Subcontractor to perform and meet standards of this Contract and the Community Youth Development Plan of Operation. Anon-governmental Subcontractor shall assume full liability for any third party actions and shall hold harmless the Fiscal Agent, the Department, and the State of Texas from the actions of any third 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. - 33 - 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 shat! ensure that the performances rendered under all subcontracts are rendered so as to comply with all the terms and provisions of this Contract as if the performances rendered were rendered by Subcontractor. SECTION 9. PUBLICITY The Subcontractor agrees to place prominent notices acknowledging the funding it receives from the Fiscal Agent and Department in all of its literature that describes services covered by this Contract. This notice will also appear in the Subcontractor's annual financial report, if any is issued. Additionally, the Subcontractor agrees to the following: A. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with CYD Program funds, Subcontractor shall state the percentage of the total costs of the program or project which will be financed with those CYD Program funds. B. Subcontractor shall give credit to the Department and Fiscal Agent as the funding source in all oral representations, written documents, publicity and advertisements regarding any CYD activities. Wording shat! 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 ar 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 1U. TECHNICAL ASSISTANCE A. The Fiscal Agent will provide a central information system for complete information on each participant and will maintain a central communication system for the proper and timely disbursement of information and resource documents. The Fiscal Agent will provide technical assistance found to be needed through performance reviews or monitoring reports. B. The Fiscal Agent may schedule staff meetings, other meetings or training sessions to assist in the administration of this Contract. Subcontractor shall ensure the attendance of its director or other specified personnel at such meetings. SECTION 11. MONITORING AND A5SE55MENT A. The Subcontractor agrees to provide services in accordance with the provisions of this Contract and to allow the Fiscal Agent and Department, and their representatives, to monitor, audit, evaluate, and otherwise review the services provided and related documentation. B. The Subcontractor agrees to cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Subcontractor which may be conducted by the Fiscal Agent, the Department or DHHS, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this Contract or subcontracts, which may be found after review by the Fiscal - 34 - Agent, the Department or DHHS; and to be responsible for the timely and proper collection and reimbursement to the Fiscal Agent and the Department of any amount paid in excess of the proper billing amount. C. Representatives of the Fiscal Agent and Department may periodically, without advance notice, monitor Subcontractor for compliance, financial management and performance of the terms and conditions of this Contrac#. The monitoring process will include an analysis of program data provided by the Subcontractor to assess the performance of this Contract and the quality of services. Monitoring shall include review of results of criminal background checks and affidavits required under this Contract of all Subcontractor employees or volunteers in direct client contact. D. Upon conclusion of a monitoring review, the Fiscal Agent or Department will present all findings and recommended corrective actions, if applicable, to Subcontractor. E. Unless otherwise directed, Subcontractor shall respond in writing to the Fiscal Agent within thirty (34) 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 ar 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 equipment used at facilities being maintained to carry out this Contract and take appropriate measures to meet this obligation. All such property will be adequately safeguarded against vandalism, loss, damage, or #heft. Subcontractor must acquire and maintain property insurance for any and all equipment purchased with CYD Program funds, The Fiscal Agent, the Department, and the appropriate authorities shall be notified in writing in the case of theft, or suspected theft, within twenty-four (24} hours of discovery. Any missing, damaged, or destroyed property will be reported immediately in writing to the Fiscal Agent and the Department and will include the circumstances concerning the loss. An investigation shall be conducted by the Subcontractor to determine the cause, and the results shall be reported in writing to Fiscal Agent and the Department. Any property missing, damaged or destroyed shall be replaced by the Subcontractor, at Subcontractor's own expense. In addition, in the event of any theft, vandalism, or other offense against the property or equipment, the Subcontractor shall notify the appropriate local law enforcement authorities. B. The Subcontractor agrees to adhere to the provisions of 45 CFR Part 92 regarding the return to the Department of any equipment bought under this Contract with funds allocated to the Fiscal Agent or the Subcontractor. The Subcontractor agrees that it will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Contract funds. The Subcontractor agrees to permanently identify all equipment with appropriate tags or labels affixed to the equipment and to maintain a current inventory record of the equipment which must be made available to the Fiscal Agent and the Department upon request. - 35 - 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 fior normal wear and tear, prior to return of the property to the Fiscal Agent. SECTION 13. TAXES The Fiscal Agent and the Department will not be liable for Federal, State, ar focal excise taxes incurred by or assessed against Subcontractor. The Subcontractor must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with the issuance of Internal Revenue Service Form W-2s to common law employees. The Subcontractor is responsible for both Federal and State unemployment insurance coverage and standard workers' compensation insurance coverage. The Fiscal Agent and Department will not be liable to the Subcontractor or its employees for any unemployment or workers' compensation coverage, or Federal or State withholding requirements. The Subcontractor must comply with all Federal and State tax fawn and withholding requirements. The Subcontractor shall indemnify the Fiscal Agent and Department and pay to the Fiscal Agent or Department ail costs, penalties, or losses whatsoever occasioned by the Subcontrac#or's omission or breach of this section. SECTION 14. DISPUTES The Fiscal Agent is responsible for hearing any grievances, including disputes, claims or protests, arising out of the administration and operations of programs funded under CYD Program. Non-discrimination complaints alleging a violation of the CYD Program must be initiated by filing a Grievance Information Form within 365 days of the action complained of. Non-discrimination complaints that do not allege a violation of the CYD Program may be initiated by filing a Grievance Information Form within 30 days of the action complained af. Correspondence regarding a complaint or grievance should be directed to the attention of the Fiscal Agent. SECTION 15. INDEPENDENT AUDIT The Subcontractor agrees to submit an annual financial and compliance audit ofi 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 fior all costs associa#ed 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 ar 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 ko recover funds after fully considering the recommendations on disallowed costs resulting from such final audit. 1^. Subcontractor and auditors performing monitoring or audits of Subcontractor or its 5ub- Subcontractors shall immediately report to the Fiscal Agent and the Department any incidents of fraud, abuse, or other criminal activity in the rela#ion to the provisions of this Contract or applicable State Regulations. - 36 SECTION 16. 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, shat! 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 hislher financial interest. C. Executives and employees of Subcontractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and shall exercise due diligence to avoid situations which give rise to an appearance or assertion that favorable treatment is being granted by friends and associates who are also members, officers, agents, or employees of the Fiscal Agent or the Department. A permanent record of any transaction involving a Subcontractor who is also a friend or associate of a member, officer, agent, or employee of the Fiscal Agent or the Department shall be retained when it is in the public interest for the Fiscal Agent or the Department to conduct business with such person. D. Members, officers, agents, and employees of the Fiscal Agent or the Department and elected officials shall not solicit nor accep# money or any other consideration from Subcontractor or any other third person for the performance of an act reimbursed in whole or in part by the Fiscal Agent or the Department. Supplies, materials, equipment, or services purchased with Contract funds shall be used solely for the purposes allowed under this Contract. No member of the Fiscal Agent or the Department shall cast a vote on the provision of services by that member or by any organization which that member represents or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. SECTION 17. FRAUD AND ABUSE PREVENTION A. Subcontractor shall establish, maintain, and utilize internal program management procedures sufficient to provide for proper and effective management and the prevention of fraud and abuse in all activities funded under this Contract. B. Failure on the part of Subcontractor to comply with the provisions of this Contract or with the Department, or applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds and termination of this Contract for cause. C. Subcontractor shall ensure diligence in maintaining programs under this Contract including the carrying out of appropriate monitoring activities and in taking immediate corrective action against known violations of Department regulations. D. Subcontractor shall notify the Fiscal Agent and Department immediately, by the fastest means available, upon discovery of any incident of fraud, or suspected fraud, involving this program. SECTION 18. INDEMNIFICATION The Subcontractor shall indemnify and hold harmless the Fiscal Agent and fhe Department, their officers, agents, representatives, and employees, from and against any and all claims or losses for physical damage to property or injury to persons resulting from negligence, misconduct, or any act or omission on the part offhe-Subcontractor, its officers, agents, employees, representatives, orSub-subcontractors. !n the event of loss, damage, or destruction of any - 37 - property due to the negligence, misconduct, act ar omission of the Subcontractor, the Subcontractor shall indemnify and pay full cost of repair, reconstruction, ar replacement, at the discretion of the Fiscal Agent and Department. Such cost shall be due and payable by the Subcontractor within ten (10) calendar days after the date of receipt of written notice from the Fiscal Agent or Department of the amount due. The State of Texas, Department, and Fiscal Agent, and their respective empbyees, 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 19. SECTARIAN INVOLVEMENT PROHIBITED Subcontractor shall ensure that no funds under this Contract shall be used directly or indirectly in the support of any religious oranti-religious activity, worship, or instruction. SECTION 20. POLITICAL ACTiVITY1LOBBYING 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 21. NON-DISCRIMINATION AND EQUAL OPPORTUNITY A. Subcontractor shall comply with all applicable Federal and State regulations and with Department policies and procedures regarding services delivered under this Contract including, but not limited to, the following: 1. Title VI of the Civil Rights Act 1962 (Public Law 88-352) Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112) Americans with Disabilities Act of 1990 (Public Law 101-336) Age Discrimination Act of 1975 Title IX of Education Amendments of 1972 Food Stamp Act of 1977; and The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. and all amendments to each, and al! requirements imposed by the regulations issued pursuant to these Acts. In addition, the Subcontractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code, as amended. These laws provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, physical/mental disability, drug or alcohol abuse or alcoholism, political beliefs, or religion be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State fiunding or otherwise be subjected to discrimination; 2. Texas Health and Safety Code, Section 85.113, as amended, relating to workplace and confidentiality guidelines regarding AIDS and HIV; 3. Immigration Reform and Control Act of 1986, as amended, regarding employment verification and retention of verification forms far any individuals who will perform any labor or services under this Contract; - 38 - 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 righ# of access to and copies of such information, upon request; 5. Promptly report any suspected case of child abuse or neglect to the appropriate Child Protective Services offices within the Department as required by the Texas Family Code, Chapter 261, as amended. All reports must be made within 24 hours of the discovery of abuse or neglect; 6. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department; 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 481 of the Texas Health and Safety Cade. This verification and disclosure will be required of ail who have direct contact with clients or who have access to personal client information prior to such contact or access, and shall be accomplished through use of {a) a criminal history background check and {b) a signed declaration by each employee or volunteer testifying to this information, both of which shall be maintained by the Subcontractor available for review by the Fiscal Agent or the Department and renewed every two years. 8. Comply with Federal ,State and local licensing and certification requirements, health and safety standards, and regulations prescribed by the DHHS and TDPRS; 9. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 USC 74D1 et seq., as amended, and the Federal Water Pollution Control Act, 33 USC 1251 et seq., as amended; 1 D. Immediately remove any agent, officer, emplayee, 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 {1 D) working days prior to the reassignment. The Subcontractor must provide the Fiscal Agent and the Department with further information concerning the reasons for the reassignment upon the request of the Fiscal Agent or the Department. If the employee or volunteer is found to have committed any of the offenses listed in this paragraph, the employee or volunteer shall not be reassigned to duties involving any direct contact with clients. Subcontractor may request that the Fiscal Agent and Department waive this Contract provision with respect to a specific emplayee 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 - 39 - (Public Law 94-183), 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 became 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 ail subcontracts and supplier contracts for the performance of the activities required by this Contract to historically underutilized or disadvantaged businesses. SECTION 22. REPORTING ABUSE, NEGLECT, OR EXPLOITATION. Subcontractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family code, Chapter 261. All reports must be made within twenty-four (24) hours of the discovery of abuse, neglect, or exploitation. SECTION 23. HEALTH AND SAFETY STANDARDS Health and safety standards established under Federal, State and local laws are applicable to working conditions of participants in programs under this Contract. With respect to any participant in a program conducted under this Contract who is engaged in activities which are not covered by health and safety standards under the Occupational Safety and Health Act of 1970, as amended, the Fiscal Agent and the Department may prescribe such standards as may be necessary to protect the health and safety of such participants. SECTION 24. INSURANCE A. When Subcontractor is not a governmental entity with taxing authority, the following provisions shall apply: Insurance shall be provided for direct delivery of protective services and other services under this Contract. The Subcontractor shall obtain and furnish proof of the following bonding and insurance coverage within forty-eight (4$} hours of the award of this Contract or at such other time as may be specified by the Fiscal Agent or the Department: 1. Dishonesty bonding under a commercial crime policy or business services bonding,~at a $10,000.00 minimum or up to the Contract amount, whichever is greater; 2. Commercial General Liability Coverage at a five hundred thousand dollar ($500,000} minimum for each occurrence limit and one million dollars ($1,000,000) minimum aggregate limit. The Fiscal Agent and Department shall be provided with at least 30 days notice of policy or bond cancellation, intent to not renew, or material change in the policy or bond; 3. Automobile liability insurance in the broad form, applicable if Subcontractor uses an automobile, whether owned, leased, or non-owned in conducting its performance under this Contract, is required which shall have a minimum required coverage of $500,000 combined single limit. In the event Subcontractor requires its employees, trainees, volunteers, or other agents to utilize their 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 an-site medical and accident insurance shall be required for all ofi Subcontractor's employees and enrolled participants, respectively, appropriate to participant activity. Workers' compensation coverage shall be required of all organizations - 40 - 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 fior participants not qualifying as employees under the workers' compensation laws. Participants who are employees must be given comparable benefits afforded by the employer to other employees of similar standing in the employer's workforce. B. A!I coverage must be with insurance companies or carriers rated for financial purposes "A" or better whose policies cover risks located in the S#ate of Texas. All bonds, policies, and coverage described above shall be maintained during the entire term of Contract awarded. t_apse of any coverage or bond required herein shall be considered breach of Contract and Contract awarded shall be immediately cancelled. C. The Department may waive all or part of these insurance requirements at its discretion. D. When Subcontractor is a governmental entity with taxing authority, Subcontractor shall be required to provide only the workers' compensation insurance coverage, as set out above, but shall also be subject to the indemnification provisions contained in Section 19 (Indemnification) of these Standard Terms and Conditions. E. The Fiscal Agent shall be named as a Certificate Holder on all policies named above and such coverage shall not be canceled or materially changed unless, 31) days prior to the effective date,' a written notice is sent to the Fiscal Agent at the address specified in this Contract. Unless waived by the Fiscal Agent, the Fiscal Agent shall not be responsible for the payment of premiums or assessments on such policies. SECTION 25. DEBARMENT AND SUSPEN510N A. The Subcontractor shall comply with the Federal regulations implementing Executive Order 12549, Debarment and Suspension, Z9 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, dectared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. A copy of this certificate and regulations shall be provided to Subcontractor by Fiscal Agent. B. Additionally, the Subcontractor shall comply with this regulation and requirement with regards to its subcontractors. Subcontractor shall require the same certifcation from its subcontractors, which shall be forwarded to Fiscal Agent along with the request for Sub-subcontractor approval as required by Section 8 (Subcontracting) of-these Standard Terms and Conditions. SECTION 26. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT A. In developing, copying, and disseminating reports or other information under this Contract, the Subcontractor agrees to the following: 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 Defend any claims, suits, or proceedings brought against the State of Texas, the Department or the Fiscal Agent an the issue of infringement of any copyright by any product, or any - 41 - product part, supplied by the Subcontractor to the Fiscal Agen# or Department under this Contract. The Subcontractor will pay, subject to limitations specified in this section, any final judgment entered against the State of Texas, the Department, or the Fiscal Agent on this issue in any suit or proceeding defended by the Subcontractor. The Subcontractor will be relieved of this obligation if, within 30 days after the Fiscal Agent and Department receive notice, the Fiscal Agent or Department fails to notify the Subcontractor in writing of any claim, suit, or proceeding and, at the Subcontractor's expense, give the Subcontractor all information needed to defend any claim, suit, or proceeding subject to the jurisdiction of the Attorney General of Texas. B. With respect to any invention resulting from this Contract, the Fiscal Agent and the Department have a nonexclusive, non-transferable, irrevocable, paid-up license to practice or have practiced the subject invention throughout the world. C. The Subcontractor shall report to the Fiscal Agent and the Department within 30 days and in reasonable written detail each notice or claim of patent or copyright infringemen# based on the performance of this Contract of which the Subcontractor has knowledge. D. In the event of any claim or suit against the Fiscal Agent or the Department on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any supplies furnished or work or services performed under this Contract, the Subcontractor shall furnish to the Fiscal Agent and the Department, when requested, all evidence and information at the expense of the Fiscal Agent or the Department except where the Subcontractor has agreed to indemnify the Fiscal Agent or the Department. E. The Subcontractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services expected to exceed $15,000. SECTION 27. DISCLOSURE OF CONFIDENTIAL INFORMATION Subcontractor agrees to maintain the confidentiality of any information regarding applicants, program participants, and their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information may be disclosed only as necessary for purposes related to the performance or evaluation of this Contract and to persons having responsibilities under this Contract. However. Subcontractor's information may be subject to required public disclosure„under the Texas Public Information Act, Chapter 552 of the Texas Government Code. SECTION 28. COMMUNICATIONS All notices and requests given to or made to the parties must, except as otherwise specified, be in writing and delivered or mailed at the notice addresses specified on the Cover Sheet of this Contract. The parties may change their notice addresses upon five (5) written days notice to the other party. Any notices or requests are deemed given upon actual delivery or depositing the same with the U.S. Postal Service, properly addressed, postage prepaid, certified mail, return receipt requested. In some instances, email correspondence may be utilized and this communication is to be treated as having received a written correspondence. SECTION 29. GENERAt_ 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, Plan of Operation, Attachment A-2 to this Contract, Budget, Attachment B-1 to this Contract, Budget Narrative, Attachment B-3 to this Contract and Program Requirements, Attachment C-1 to this Contract, constitute promised ~~ performance under this Contract. If Subcontractor fails #o 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 wri#ten agreemen#s 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 an the part of the Fiscal Agent for payment of any money arises unless and until funds are made available to the Fiscal Agent. SECTION 32. TRAINER QUALIFICATIONS A. Subcontractor agrees to ensure that instructors, trainers, counselors and other professional and paraprofessional staff shall be properly certified where required by the Federal, State or local laws. Subcontractor agrees to ensure that instructors, trainers, counselors professional and paraprofessional and other staff shall possess education, training, and or experience to provide the skills, knowledge, and abilities necessary to perform the duties of the position. The Fiscal Agent or Department reserves the right to review and approve all staff qualifications and certifications. B. Staffing personnel must be maintained at the level negotiated and contracted for between the Subcontractor and the Fiscal Agent. Changes in staff positions or reduction in hours shall be immediately reported to Fiscal Agent for review and approval. C. Subcontractor agrees and understands the performance of work proposed, negotiated, and contracted for must be maintained at the-level agreed upon at initiation of this Contract. Any deviation from these requiremen#s 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 within 30 to 60 days, terminate all or any part of the Contract. Termination may be exercised in addition to any other rights and remedies provided by law or under this Contract. B. The Fiscal Agent or the Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause, upon written notice of default to the Subcontractor and opportunity to cure within 30 to 60 days, or take other actions, including, but not limited to: - 43 - 1. requiring the Subcontractor to take specific corrective actions in order to remain incompliance with any contractual provision; 2. to recoup payments made to the Subcontractor or impose administrative error sanctions based on audit findings of violations of Contract requirements; and, 3. to suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all Contract rights. C. If Federal or State laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this Contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligations under this Contract. D. This Contract may be terminated at any time by mutual consent. In addition, either party to this Contract may consider it to be canceled by giving 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 termination of the Contract pursuant to the sections above. This Gontract 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 goad 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. SEC'T'ION 34. FORCE MAJEURE The Subcontractor agrees to be financially liable far 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 pertormance 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 Gontract, inequity, or under Texas law. SECTION 35. MONTHLY PERFORMANCE REVIEW Subcontractor will be notified monthly andlor quarterly 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 pertormance. SECTION 36. SUSPENSION OF PAYMENTS. If the Fiscal Agent determines in its sole discretion that Subcontractor is not meeting all performance measures in Attachment A-1, or if Fiscal Agent determines in its sole discretion that Subcontractor is not - 44 - 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 foil 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 .. SECTION 3$. 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. - 45 - Texas Dept. of Family Certl'flCatlOnS Farm 4733 and Protective Services February 2010 The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided far below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify the accuracy of al/ the statements cyntained_i_n this section. Signor must -vrovide written notice to DFPS detailing which of the below A. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary F~cclusion. Executive Orders 12549 and 12689 require DFPS to screen each covered Signor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Signor certifies the following: 1. That Signor is, to the best of its knowledge and belief, not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. 2. That Signor will not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services. 3. That Signor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion without modification in any subcontracts or solicitations for subcontracts. B. Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Signor certifies, to the best of its knowledge and belief, that: 1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Signor, to any person far influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or Page 1 of 3 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, and the extension, continuation, renewal, amendment, ar modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal 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 federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 3. The Signor shall require that the language of this certification be included in the award documents for subcontracts and that all subcontractors shall certify and disclose accordingly. 4. Payments of appropriated or other funds to Signor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. C. Certification ReQardin~Child Support. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the individual or business entity named in this contract bid or application is not ineligible to Texas Dept. of Family CertlflCatlOnS Form 4733 and Protective 5er~ices February 2010 receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. D. Drug-Free Workplace Certification. Signor certifies that it will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about- a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (D)(1); 4. Notifying the employee in the statement required by paragraph (D}{1) that, as a condition of employment under the grant, the employee Will- a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (D}(4){b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (D}{4)(b}, with respect to any employee who is so convicted- a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved far such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free workplace. E. Anti-Trust Ce~rtificatian. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Signor certifies that neither the Signor nor the firm, corporation, partnership, or institution represented by the Signor, or anyone acting for such a firm, corporation, or institution has violated the anti-trust laws ofi this state, federal anti-trust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. F. Deceative _Trade Practices. Signor certifies that it has not been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an Page 2 of 3 Texas Dept. of Family Certifications Form 4733 and Protective Services February 2010 administrative hearing or court suit within the last 5 years. Signor certifies that it has no officers who have seNed as officers of other entities who have been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Signor represents and warrants that within the last five years it has not been found guilty or liable of any investigation ar proceeding by any federal ar state securities regulator under any federal or state securities laws or regulations. G. Prohibited Resconses and Contracts. Pursuant to Texas Government Code §2155.004--006, Signor certifies that the individual or business entity named in this form is eligible to receive the specified contract and acknowledges #hat any contract concerning this certification may be terminated and payment withheld if this certification is inaccurate. H. Financial Interests: Gifts. Signor certifies that neither Signor nor any person or entity that will participate fnancially in a contract has received compensation from DFPS for participation in preparation of specifications for a contract. Signor certifies that it has not given, offered to give, and does not intend to give at any time, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or seNice to any public servant or employee in connection with a contract. As the duly authorized representative (Signor) of the Potential Contractor, I hereby certify that the Potential Contractor will comply with th~tro~~e~Cer~ific~tyons. Rebekah Koeller Printed Name of Authorized Representative S g ature o t orized Representative Program Director Title of Authorized Representative Date Youth Odyssey, Inc. 23792861 Legal Name of Potential Contractor Procurement or Contract Number Page 3 of 3