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HomeMy WebLinkAboutC2005-146 - 2/22/2005 - ApprovedPage 1 of 8 Weed & Seed Subrecipient Agreement between the City of Corpus Christi and City of Comus Christi Park & Recreation Department AQuatic Division THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUN'rYOFNUECES § This Agreement ("Agreement") is made and entered into by and between the City of Corpus Chdsti ("City"), a Texas home rule municipal corporation, acting through its duly authorized City Manager or his designee ("City Manager"), and City of Comus Chdsti Park & Recreation Department Aquatic Division, ("Subrecipient"), a Texas non-profit corporation, acting through its duly authorized representative. WHEREAS, City has allocated $25.000 from the City's fiscal year 2004 - 2005 Weed and Seed Program ("Program") for implementation of Weed and Seed services ("Services"); and, WHEREAS, City wishes to encourage the Services provided by Subrecipient because there is a genuine need for these Services in the City. NOW, THEREFORE, the City and Subrecipient agree as follows: Section 1. Purpose and Consideration. Subrecipient has applied to the City for certain funds that are to be utilized by the Subrecipient in connection with and for purposes of furthering the Program and, in particular, to provide the Services described in the attached Exhibit A that is incorporated in this Agreement by reference. Subrecipient, in consideration of being extended funds to accomplish the purpose of this Agreement, shall accomplish this purpose and shall comply with all rules and regulations applicable to the Program funds as set out in this Agreement and as may be required by Federal and State law. Section 2. Receipt of Funds. The Subrecipient hereby acknowledges a sub-grant award from the City in the amount of $25.000 ("Funds") that is designated for use in the Program. The Subrecipient shall submit a Subrecipient Payment Voucher/Report, a copy of which is attached to this Agreement and incorporated in this Agreement by reference as Exhibit B, and additional appropriate documentation, as detailed below, to the City by the last day of each month dudng the term of this Agreement. The Subrecipient agrees to use the Funds in accordance with the terms and conditions of this Agreement and in accordance with Subrecipient's general understanding of the purposes of the Program. 2005-146 02/22/05 M2005-055 [35[3(; Cit~CC.P&RD~pl. Aqua[Ic.O~vis.WeedSe~d Protec.tedForm.dot City of CC Park & Recreation Page 2 of 8 Section 3. Services. In exchange for the Funds, the Subrecipient agrees to perform those Services and functions listed and described on the attached and incorporated Exhibit A. Section 4. Term of Performance. The Services shall be performed and the Funds shall be allocable to the pedod from the 1sL day of October, 2004, to the 30~h day of September, 2005. Section 5. Reports. A. The Services shall be performed promptly, efficiently, and in accordance with the description listed on the attached and incorporated Exhibit A. The Subrecipient shall submit written reports ("Performance Reports") to the City, through the Weed and Seed Program, describing the actual performance of the Services and including: the number of individuals served, the progress of the stated objectives, and anecdotal information that supports the progress of the Program. Performance Reports shall be submitted to the City, through the Weed and Seed Program, on a monthly, quarterly, and yearly basis. B. Additionally, the Subrecipient shall submit a financial report to the City, through the Weed and Seed Program, on the last day of each month, that identifies any Funds expended and attach supporting documentation, such as timecards and receipts, for those expenditures. The Subrecipient Payment Voucher/Report (Exhibit B) shall serve as the financial report for Subrecipient. C. The City reserves the dght, upon reasonable notice to the Subrecipient, to have City's accountants, attorneys, and other agents audit the books and records of the Subrecipient to ensure the proper application of the Funds for the purpose set forth in, and in accordance with, this Agreement. The Subrecipient shall participate in the Weed and Seed formal evaluation by cooperating with the City. The Subrecipient shall meet with the evaluation team, agree on an evaluation process, and accommodate site visits from the evaluation team. Section 6. Insurance. A. Subrecipient must secure and maintain, at Subrecipient's expense dudng the term of this Agreement, a Commercial General Liability insurance policy, from an insurer that City approves, with the limits and requirements shown on the attached Exhibit E that is incorporated in this Agreement by reference. The Certificate(s) of Insurance must be sent to the City's Risk Management Department ("Risk Manager") at least ten (10) days pdor to the start of services. Subrecipient shall provide the Risk Manager with Certificate(s) of Insurance reflecting all of the required coverages and shall, upon request of the City Manager dudng the term of this Agreement, promptly provide the City Manager with copies of all insurance policies. B. Subrecipient shall require its insurance policies to provide that the Risk Manager shall be given at least thirty (30) days advance written notice by the insurer pdor to cancellation, intent to not renew, or material change of the insurance policies mentioned H:~LEG DIR\O~gaR~Doyl~Park&Rec\WeedSe~d~.005~030405DC.Cib/CC P&RDept. AquaL~c. Dlvls.WeedSse~.Prolec.tedF~ do~ Page 3 of 8 in Section 6.A. above. Failure of Subrecipient to maintain the insurance coverage(s) required by this Agreement shall be cause for the City to withhold Funds, cancel any and all claims that Subrecipient may have. and shall be grounds for termination of this Agreement. C. The City Manager, or the City Manage¢s designee, retains the dght. dudng the term of this Agreement. to reevaluate and adjust the insurance requirements and limits specified in this Agreement. The City shall give the Subrecipient thirty (30) days advance wdtten notice of the City's intent to exercise the dght. Insurance limits shall be adjusted no more frequently than once per the City's fiscal year. Section 7. Indemnification. Subrecipient agrees that It will indemnify and hold harmless the City, its officers, employees, representatives, and agents (hereinafter, "lndemnitees'~ from and against ali claims, demands, actions, damages, losses, costs, liabilities, expenses, and Judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent the damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act, omission, or negligence on the part of Subrecipien~ its officers, employees, representatives or agents, Indemnitees, or any of them, acting pursuant to this Agreement with the express or implied invitation or permission of Subrecipient, or on the part of Subrecipient or any of Its agents, servants, employees, contractors, patrons, guests, licensees, or Invitees engaging or participating in the Program or Services being provided pursuant to this Agreement, or when the Injury or damage is the resul~ proximate or remote, of the violation by Indemnltees, or any of them, Subreclplent, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the Services being provided herein by Indemnitees, or any of them, Subrecipien~ its agents, servants, employees, contractors, patrons, guests, licensees, or Invltees, including without limitation, any damages or costs which may occur as a result of the Services themselves, regardless of whether the injury or damage results from the contributory negligence or concurrent negligence of Indemnitees, or any of them, including if the damage or injury may result from the gross negligence of lndemnitees, or any of them, unmixed with the fault of any other person or entity. The terms of this indemnification shali be effective upon the date of execution of this Agreement. Subrecipient covenants and agrees tha~ if City is made a party to any litigation against Subreciplen! or in any litigation commenced by any party other than the Subrecipient relating to this Agreemen~ the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expanse, investigate all claims and demands, attend to their settlement or other disposition, defend City in ali actions based thereon with legal counsel acceptable to City, and pay ali charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, damage, loss, demand, claim, or action, Page 4 of 8 Section 8. EPA Compliance. The Subrecipient shall ensure that the facilities under its ownership, lease, or supervision, which are to be utilized in the accomplishment of the Services, are not listed on the United States Environmental Protection Agency's ("EPA") list of Violating Facilities and shall notify the City of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used for the Services is under consideration for listing by the EPA. Section 9. Federal Compliance. The Subrecipient shall comply with the applicable provisions of Title I of the Omnibus Cdme Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act; and the Victims of Cdme Act, each as amended and as applicable; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and, all other applicable Federal laws, orders, circulars, and regulations. Additionally, the Subrecipient shall be in compliance with the Certifications Regarding Lobbying; Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements, as detailed in the attached Exhibit C that is incorporated in this Agreement by reference; and shall submit a completed Exhibit C form to the City upon execution of this Agreement. The Exhibit C form shall be completed and signed by a duly authorized representative of the Subrecipient. Section 10. Non-Discrimination. The Subrecipient shall comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Victims of Cdme Act, as amended; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act ("ADA") (1990), as amended; Title IX of the Education Amendments of 1972, as amended; the Age Discrimination Act of 1976, as amended; Department of Justice Non-Discrimination Regulations, 28 Code of Federal Regulations ("CFR") Part 42, Subparts C, D, E, and G, as amended; and the Department of Justice regulations on disability discriminations, 26 CFR Parts 35 and 39, as amended. Section 11. Other Governmental Compliance. The Subrecipient shall also comply with those obligations contained in Exhibit D, entitled "Assurances", OJP Form 4000/3, and in Exhibit F, entitled "Certification Regarding Federal Lobbying", both of which are attached to this Agreement and incorporated in this Agreement by reference. Subrecipient shall submit completed Exhibit D and Exhibit F forms to the City upon execution of this Agreement. The Exhibit D and Exhibit F forms shall be completed and signed by a duly authorized representative of the Subrecipient. Section 12. Binding Agreement. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the respective par/les and their successors and assigns. Section 13. Notice. All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party, must be in writing and must bo delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, retum receipt requested, H:~LEG-DIR~O~gaR~Doy~e~Park&Rec\We~dSe,~P2005~304OSDC Ci[y~C P&RDept. AquaOc. Divis WeedSee~.Pro[ec.mdFon~.d~t Page 5 of 8 postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carder. Notice by fax transmission will be deemed effective upon transmission, with proof of de- livery. All these communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Weed and Seed P. O. Box 9277 Corpus Chdsti, Texas 78469-9277 (361) 880-3461 (361) 880-3864 Fax IF TO SUBRECIPIENT: City of Corpus Christi Park & Recreation Department Aquatic Division [Subrecipient's Name] At-tn: President P. O. Box 9277 [Address] Corpus Christi, Texas 78469-9277 (361) 880-3461 (361) 880-3864 Fax Section 14. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach; and the failure to require full compliance with this Agreement shall not be construed as changing the terms of this Agreement or estopping the parties from enforcing the terms of this Agreement. Section 15. Modifications. No prevision of this Agreement shall be changed, modified, or waived except by written document signed by persons authorized to sign agreements on behalf of each party. Section 16. Applicable Law and Venue. This Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with the laws of Texas. Venue lies in Nueces County, Texas, where this Agreement was entered into and will be performed. Section 17. Conflicts of Interest. No official or employee of the unit of local government or a non-govemmental recipientJsubrecipient shall participate personally through decisions, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application, request for a ruling or other H :IL E G A31R\ O~g a F~ Do yie~ ark& Rec\We~-~S eea~.O05~]30405 DC Cib~CC P &RDepLAq u a~c. Divls.WeedSeed. Pmlec.md Form.deR Page 6 of 8 determination, contract, award, cooperative Agreement, claim, controversy, or other particular matter in which award Funds (including Program income or other funds generated by Federally-funded activities) are used, where to his or her knowledge, he or she, or his or her immediate family, partner, organization other than a public agency in which he or she is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom he or she is negotiating, has any arrangement concerning prospective employment, has a financial interest, or less than an arms- length transection. Section 18. Appearance. Subrecipient acknowledges that, in the use of agency Program Funds, officials and employees of the local units of government and of non- govemmental recipients/subrecipients shall avoid any action that might result in, or create the appearance of, using an office or position for private gain, giving preferential treatment to any person, losing complete independence or impartiality, making an official decision outside official channels, or affecting adversely the confidence of the public in the integrity of the govemment or the Program. Subrecipient agrees to ensure compliance with this covenant by its officers, employees, representatives, and agents. Section 19. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly without the pdor written consent of the City. Section 20. Suspension and Termination. The City may suspend or terminate this Agreement in accordance with 28 CFR Sec. 66.43, as amended, if Subrecipient materially fails to comply with any term of this Agreement. This Agreement may be terminated, by the City, for convenience in accordance with 28 CFR Sec. 66.44, as amended. Section 21. Captions. The captions employed in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 22. Entirety Clause. This Agreement and the attached and incorporated Exhibits constitute the entire Agreement between the City and Subrecipient for the purpose stated. All other Agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding within the provisions of this Agreement and its Exhibits of the terms, conditions, promises, and covenants relating to the Program and the Services to be rendered. Section 23. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid, illegal, unenforceable, or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Page 7 of 8 B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective dudng the term of this Agreement, in lieu of the illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. EXECUTED IN DI~.~LI~CA~I'~E, each of which shall be considered an original, on theof Armando Chapa, City Secretary CITY O.~RPUS CHRISTI G~frge~. Noe, City Manager, or his designee Aiyi~eROD.V.~S TO LEGAL FORM 2 March 2005 urtis Chief, Administrative Law Section Senior Assistant City Attomey For City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on George K. Noe, or his designee --' ~ ,2005, by City Manager of the City of Corp).~s Christi, a Texas home rule municipal corporation, on behaff of said c~oration. - /~.,~ Notary Public, State of Texas Pdnted Name Commission expires: Page 8 of 8 SUBRECIPII~NT: Title: STATE OF TEXAS § COUNTY OF NUECES § This<bostrument .was ack~nowledged before me on (~..~ ~ , 2005, by -,-~.g~ ~-'~o~.~k~ ) , an authorized representative of City of Corpus Christi Pant & Recreation Department Aquatic Division, a Texas corporation [b/pe of entity], on behalf of said corporation [type of entel. Nota~ Public, State of Texas Pdnted Name Commission expires: ~ ' [~' ~ o~ Weed and Seed Grant Program For the City of Corpus Christi, Texas Delegate Agency Application Submission Cover Sheet Applicant Information: Organization: Aquatics Section Address: 1201 Leopard Authorized Official: Name: Phil Halberdier Contact Person: Title: (AIC) Aquatics Operations ORIGINAL Name: Phil Halberdier Title: (AIC) Aquatics Operations Phone: X 3158 FAX: 826-3806 Checklist: Please use this checklist to ensure the completeness of the application. Please submit two originals and ten copies of the application materials by submission deadline. Application Materials Check list: __ Two original Applications with signed Signature Page, by Chairman of the Governing Body or Authorized Official and ten copies Budget __ Budget Justification __ Community Needs Assessment __ Project Narrative __ Applicant History and Capability __ Roster of Governing Body, indicating addresses and phone numbers for each member Program Assurances signed by the Chairman of the Governing Body or Authorized Official __ Must have two signed original applications and 10 copies Weed & Seed Grant Program For the City of Corpus Christi, Texas 1. Name of Applicant Organization: 2. Address of Applicant Organization: 3. Telephone Number: 826-3158 4. Name of Proposed Project: 5. Address of Proposed Project: 6. Name of Project Director: 7. Name of Board/Commission Chairman: 8. Project Period Beginning: 5/29/05 8. Grant Application Signature Page City of Comus Christi Aquatics Section PARD 1201 Leopard St. Comus Christi, Texas 78401 Fax Number: 826-3806 FREE SWIM HEB Pool 1520 Shelv & Violet Pool 4301 Violet Rd. Ronald Sepulveda Phil Halberdier Ending: 8/07/05 Project Summary:_Suvvl¥ free swimming to children in the neighborhoods surrounding HEB and Violet. Terms and Conditions It is understood and agreed by the undersigned that: 1. Funds granted as a result of this request areto be expended for the purposes set forth herein and in accordance with all State and Federal Regulations and restrictions. 2. Any proposals for changes to this project as approved and awarded will be submitted in writing by the applicant and upon notification of approval by the Week and Seed Steering Committee, shall be deemed incorporated into and become part of the award agreement. 3. The undersigned HEREBY GIVES ASSURANCES THAT he/she will immediately take any measures necessary to effectuate any award agreement. 4. Typed Name and Title of Authorized Official: _Phil Halberdier _AIC Acluatics Overations Signature: ~t,~ ~ Date: % -"[,~ - 0 '~ Budget Lifeguards for both pools 4 for Violet at $8.90 per hour Tuesday through Friday 5 hours a day for 10 weeks $7,120.00 4 for HEB at $8.90 per hour Tuesday through Friday 5 hours a day for 10 weeks $7,120_00 Managers for both pools I for Violet at $11.69 per hour Tuesday through Friday 5 hours a day for 10 weeks $2,338.00 I for HEB at $11.69 per hour Tuesday through Friday 5 hours a day for 10 weeks $2,338.00 Pool Sanitation Chlorine, Muriatic acid and Sodium Bicarbonate daily usage for 10 weeks $6.~084.00 $25,000.00 Budget Justification In order to ensure the safety of all the patrons that use the pool it is required to have lifeguards on duty. Lifeguards and managers will be on duty from lpm to 6pm Tuesday th.rough Friday for the 10 weeks of the summer swim season. Lifeguards get paid $8.91 per hour and managers get paid $I 1.69 per hour. Along with the safety of patrons comes the need for proper sanitation of the pool water and bathroom facilities. Pools use Chlorine and Muriatic Acid to maintain proper oxidation of foreign bodies in the water and Sodium Bicarbonate to maintain proper pH balance of the water. The combination of chemicals and staff on duty is what is necessary to operate these facihties. NOTICE: Violet pool and HEB pool will be offering swim lesson and general swim on Saturday and Sunday. These programs are not covered in this Weed and Seed Grant. EXHIBIT B WEED & SEED PROGRAM Subreclplent PAYMENT VOUCHER/REPORT Reimbursement Request for the month of: Date Submi[ted: Aqency Name and Address: Amount Proc~ram Name: Descdotlon of Expenditure: Please attach copies of payroll documentation and receipts to support expenditures itemized above. Retum to: Weed & Seed Program P.O. Box 9277 Corpus Christi, TX 78469-9277 The Subrecipient certifies thai: (1) the above expenditures were actually incurred and paid for by the Subreclpient; (2) the above expenditures were Incurred In accordance with the Weed and Seed Program Subrecipient Agreement; and (3) the Subreclplent is in compliance w~ and not in default under the Weed and Sccd Program Subrecipient Agreement. Signature Title 1 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS EXHIBIT C This certification is required by the regulations implemeuting the Drug-Free Workplace Act of 1988:45 CFR Part 76, Subpart, F. Sections 76 630(c) and (d)(2) and 76.645(a)(1) and (b) provide that a Federal agency may designate a central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certifications, and for notification of criminal drug convictions. For the Department of Health and Human Services, the central pint is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201. Certification Regarding Drug-Free Workplace Requirements (Instructions for Certification) 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. For grantees other than individuals, Alternate I applies. 4. For grantees who are individuals, Alternate II applies. 5. Workplaces under grants, lbr grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass Iransit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). 7. If the workplace identified to the agency changes during the performance oftbe grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five). 8. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: 2 Controlledsub~'tance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by aoy judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Certification Regarding Drug-Free Workplace Requirements Alternate I. (Grantees Other Than Individuals) The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) 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; (b) Establishing an ongoing drug-free awareness program to inform employees about -- (1)Tbe dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) 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 (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occumng in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) 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; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted -- 3 (1) 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 (2) Requiring such employee to participate satisthctorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. Title Exhibit D ASSURANCES 4 5 6 It possesses legal authority to apply tar the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of /he applicant's governing body, authorizing [he filing of the application, including all understandings and assurances contained therein, and directing and au[horrzing [he person identC3ed as [he official representative el the applicant to act in connection with [he applida[ion and to provide such additional information as may be required It will comply with requirements of the provis~ons of the Uniform Relocation Assmtanc~ and Real Property Acquisitions Act of 1970 (PL 91-646) wbicb provides for fair and equitable treatment el persons displaced as a result of Federal and federally-assisted programs It will comply with provisions of Federal law which limd cedain political actiwtles of employees of a State or local unit of government whose pdr~ipal employment is in connection with an activity fnanc~ed in whole or in part by Federal grants, (5 USC 1501, at seq.) It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable It will establish safeguards to prohibit employees from using [heir positions for a purpose that is or g~ve the appearance of being rnetfvated by a desire for private gain for themselves or others. particularly those with whom they have family, business, or ether ties. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the granl It will comply with all requirements imposed by the Federal Sponsohng agency concermng special requirements of law, program requirements, and other administrative requirements It witl insure that the facfiitles under its ownership, lease or supervision wh~,~ shall be utilized in the accomplishmect of the project are not Ilsteq in the Environmental Protection Agency's (EPA) list of Violating Fadlitles and that it will notify the Federal grantor agency of the reoeipl of any communication from the Director Of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consu:leration for listing by [he EPA. It will comply wC.h the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 03-234, 87 Stat 975, approved December 31, 1976 Section 102(a) requires, on and alter March 2, 1975, the purchase of f~*od insurance in c~r'm"nunities where such insurance is available as a condition for the receipt o1 any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by [he Secretary of the Department at Housing and Urban Development as an area having special flood hazards. The phrase "Federal flnancJal assistance' inctubes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistenc~ 10¸ It will assist the Federal grantor agency in its compliance with Section 106 of the National Hisfunc Preservation Act of 1966 as amended (16 USC 470) Executive Order 11593, and the Archeofogical and Historical Preservation Act o1 1966 (16 USC 569a-1 at seq) by (a) consulting with the State Hisloric necessaw, te identity properties listed in or eligible for inclusion ~n the National Register of Histodc Places that are subject to adverse effects (see 36 CFR Part 8008) by the activity, and probedies, and by (b) complying with all requ~remen~ estatilished by the Federal grantor agency to avoid er mitigate adverse elf~s upon such propedies. 12¸ It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act ef 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, ar the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Finanaal and Administrative Guide for Grants. M71001; and afl other applicable Federal laws, orders, circulars, or regulalJons. It will comply w~th the prowsions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20 Cdminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Deparb'nent o1 Jus§ce Programs and Acttvltles; Part 42, Nondisc~im[hationJEqual Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, F]oodplaffi Management and Wetland Protection Procedures; and Federal law~ or regulations applicable to Federal Ass[stance Programs 13, It will comply, and all its contractors will comply with the nondiscrimination requirements of the Omnibus CHrne Control and Safe Streets Act of 1968, as arnendeq, 42 USC 37§9(d), or Victims of Cdme Act (as appropriate); Title VI of the Civil Righls ACt of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Arnedcans With Disabilities Act (ADA) (1990); ~-rtle IX of the Education Amendments of 1972; the Age Discriminalion Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discnminohon, 28 CFR Part 35 and Part 39. 14¸ In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process heanng an the grounds of race, color, religion, national origin, sex, or disablhty against a recipient of funds, the recipient witl forward a copy of [he fnding to Ihs Offic~ for Civil Rights, Office of Justice Pro<Jrarns. 15, It will provide an Equal Employment Opportunity Program if requireq to maintain one, where the application is for $500,000 ar 16. It will comply with [he provisions of the Coastal Border Resources Act (PL 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most Mw Federal funds within the units of the Coastal Bar'der Resources System Date INSURANCE llEOUIREMENTS SubreciRient's Liability lnmrance The Subrecipient rm,,a not commence work under this agreement until he/she has obtained all insurance required herein and such insurance la~ been approved by the City. Nor may the Subrecipient allow any subconhactor to co~tm~c~ work until all simil~ insuranc~ required &the ~ubcontractor has been so obtained. B The Subrempient tm,~ finnish to the City's Risk Manager, 2 copies of Certificates of Insurance, with the City nur,~d as an udelMonal insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the followin8 minimum coverage by an ins~mce company(s) acceptable to the City's Risk Manager. TYPE OF INSURANC~ MINIMUM INS~kNC~ COVl;R, AGI/ COMMERCIAL GE-7,1EJIAL LIABILITY rodin:ling: I. ~Fmm 3. 4. -6. P~ S 1,000.000 COMltlNED SINOt.E I.IM1T Cegtificate of Insnnmc~: The City of Coqs~ Chr~i n~st be nam~l as s~ miditl~ai ~ on the liability coverage, and a blanket waiver of subrogation on afl applicab~ politic. If your h~tnanc~ company uses the standard ACORD fo]a~, the ~cd~tion clsus~ (bottom and clel~g tl~ words, "endeavor to", and det~ng the wording at~ "left". At a rnlr'im~mL · 30-day written noth:e ofchan~ or c. anceHalJoo is required. ff the Certificate of Insurance on its face does not show on its face the existence of the corpse tequimt by imm 1B (1)-(6), ~n mnhoriz.d ~ of the inmran~ company nmst inchde a letter spedfically stat~ whether items 1.B. ( 1 )..6) are included or excluded. Wnnt & Sm~d 8ul~ F~f'O0-Ol m~ n~ 11 .IS-O0 ~p Ri.k I~? Fexa. s Department ATTACHMENT F Fo~m 2047E cd'Protective and Regulatory Services CERTIFICATION REGARDING FEDERAL LOBBYING October 1990 (Ccriification lbr Contracts. Grants, Loans. and Coopera0ve Agreements} PREAMBLE Federal legislation. Secbon 319 of Public Law 101-121 generally prohibits enlines from using federally appropriated thnds to lobby the executive or legislative branches of the govemmem Section 319 specifically requires disclosure pi cer[aln lobbying activthes A fedeFal govemmem-wide role. "New Restricfions on Lobbying," published in the Fedora Register. Febmar~ 26. 1990. requires cerlificalion and disclosure in specific inslances and defines Covered Awards and Subaw,rdm- Contracts. grants, and cooperative agreements over the $100000 Ihrcshold need(I) certifications, and (2) disclosures, il'required. (See certification term number 2 concemthg disclosure) the awarding of any federal contracL Ibc making of any thderal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continua~inn, renewal, amendment, or modification of any federal contracL grant, loan or cooperative agreement." Limited Use of Appropri.ted Funds Nol Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own employees with respec~ to: liaison activities with federal agencies and Congress not directly relaled to a covered ~bderal action; providing any infunnation specifically requested by a lkderal agency or Congress; discuss and/or demonstrmion of products or services if not related to a specific solicbation tBr a covered action; or professional and technical services in preparing, submining or negotiating any bid, proposal or application for a fi:deral contrack grant loan Other Allowable Activi~o - The prohibition on use ofi'ederally appmwialed funds do~s not apply to influencing activities not in connec'~io~ wifll a specific covered f~eral ~tmn These activities include those related to legislation and regulations for a prosram vem~ a specific covered federal action. Funds Other Than Federal Appropriations - There is no federal rcslriction on the use of nonfedcral funds to lobby thc federal government for contracts, grm~ts, and c~ooperafiv Appllc,biIity of Other State rand Federal R~lulremeut~ - Neilber the govcmment-wlde mit nor thc law affect cithcr(I) the a~plicability of cosl prin cip~s in OMB cimullva A4 and A-122, or (2) riders to thc Texas Stahe Appmpfialinm Acts which disallow use of state funds for lobbying. TERMS OF CERTIFICATION This certification applies only to the instant federal action for which the certification is being obtalr~d and is a malefial representation of fact upon which reliance w~s pla~:l wbe this 0'mnsaction was mad~ or entered into. Submission of the certification ts a prerequisite lbr making or entering into this trimsaction imposed by section 1352, tide 31. U.S. Co~ Any person who falls to file the requined certification shall be subject to a civil penalty of not le~s than $10.000 and nor more than $100.000 for each such fallen. The undersigned certifies, to the best of his or her knowleAge and belief, that: 2 If any fun~ other than federally appmpdaxud funds h~ve been paid or will be peld I~ any person for influencing or allempting to influenm an officer o~ employm o f my agency a member of Congress, an offic, o' or employee of Congress, or an employee ora member of Congn:ss in connection with this federally fimded connac-,, mbconWact, s~bgr'am or cooperative agm~n~nt, Ibc undemign~d shall mmplete and submit Standard Form-LLL. 'Disclosure Form to Report L~bbying,' in i~a:ordance with iB ir~mimOn& (If nv.~d~t contact your Texas Dept. Of Promctive and Regulatory Services procurement officer or contract manager to obtain a c~py of Stamdard Form-LLL.) 3 The undersigned shall require that the language of this cerUfication be included in tbe award documents for all covered ~ubawards at all tie~ (including subcon0'm:~ subgranla and contracts under grants, Inert, and cooperative agreements) and that all revered subrecipients shall certify and disclose accordingly. Do you have or do you anticipa~ having covered subawards under this n'ansaction? [] yes [] No Name of Conh-~:tor/Potenfial Conlractor Vendor ID No. or Social Security No. PRS ConWact No. Nm'ne of Autho~zcd RepresentalIve H:~hcd-difim ~rtha\wpdocs\wced&see~h-f. wpd Tide S ignatui'e - Authorized Representmive - Da~