HomeMy WebLinkAboutC2005-148 - 2/22/2005 - ApprovedPage I of 8
Weed & Seed Subrecipient Agreement
between the
City of Corpus Christi
and
City of Cori3us Christi Park and Recreation Del3artment
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
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 Corpus Chdsti
Park and Recreation Department, ("Subrecipient"), a Texas non-profit corporation,
acting through its duly authorized representative.
WHEREAS, City has allocated $9,500 from the City's fiscal year 200~_ - 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 $9,500 ("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.
2005-148
02/22/05
M2005-055 DC.CItyCC.P&RD~ pLW~:lSeod. Pmtec led Form dot
City of C C Park and Recreation
Page 2 of 8
Section 3. Services. In exchange for the Funds, the Subrecipient agrees to pedorm
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 1~ day of October, 2004, to the 30th day of
September, 200_5.
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,
quartedy, 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 right, 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
prior 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 wdtten notice by the insurer pdor to
cancellation, intent to not renew, or matedal change of the insurance policies mentioned
H:/LEG~)IR\Olga F~h~y~e~ ark&Ret\WeedS eed~2005~30405 DC CIt,~ C.P&RDepLWeedSeed. Protec.[ad Form.dot
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in Section 6.A. above. Failure of Subrecipient to maintain the insurance coverage(s)
required by this Agreemant 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 Manager'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 written notice of the City's intent to exercise the right. 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 all claims, demands, actions,
damages, losses, costs, liabilities, expenses, and judgmenta 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 pert, by an act, omission, or
negligence on the part of Subrecipient, 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 Subreclplen~ or on the part of
Subrecipient or any of its agents, servants, employees, contractors, patrons,
guests, licensees, or invitees engaging or participatlng In the Program or
Services being provided pursuant to this Agreement, or when the injury or
damage is the result, proximate or remote, of the violation by Indemnitees, or any
of them, Subrecipien~ 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 Indemnltees, or any of them,
Subrecipien~ its agents, servants, employees, conb'actors, patrons, guests,
licensees, or Invitees, including without limltatton, 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 shall be
effective upon the date of execution of this Agreement. Subreclplent covenants
and agrees that, if City is made a party to any litigation against Subrecipient or in
any litigation commenced by any patty other than the Subreclpient relating to this
Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding
commencement of fltigation and at its own expense, investigate all claims and
demands, attend to their settlement or other disposition, defend City in all actions
based thereon with legal counsel acceptable to City, and pay all charges of
attorneys and all other costs and expenses of any kind whatsoever arising from
any said liability, damage, loss, demand, claim, or action.
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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 Cdme Control and Safe Streets Act of
1968, as amended, and the Victims of Crime 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 parties 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 be
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,
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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 affer 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 Chdsti
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 Chdsti Park and Recreation Department [Subrecipient's Name]
Attn: President
P. O. Box 9277 [Address]
Corpus Chdsti, 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 provision 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
govemment or a non-govemmental recipient/subrecipient 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
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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 transaction.
Section 18. Appearance. Subrecipient acknowledges that, in the use of agency
Program Funds, officials and employees of the local units of govemment 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 pdvate 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 wdtten 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 terTn 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.
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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 Agreemant, 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 DUPLICATE, each of which shall be considered an original, on
the/~_day of ~J--~ ,2005.
ATrEST:
Armando~ry
CITY .~ORP.~US CHRISTI
Ge~g~K. Noe, City Manager, or his
de§ignee
A~I~,~ED AS TO LEGAL FORM 2 March 2005
Curtis
Chief, Administrative Law Section
Senior Assistant City Attomey
For City Attorney
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2005, by
George K. Noe, or his designee
City Manager of the City of Corp_us Chdsti, a Texas home rule municipal corporation, on
behalf of said c~o_.r,ation.-
Notary Public, State of Texas
Printed Name
Commission expires:
H ~LEG-DIR~OIg aR\Doyte~Park&Rec\We~dSeed~2005\030405 D~.CityCC p&R DepLWeedSeed. Proiec.ted Form.dot
Page 8 of 8
SU BRECIPIENT: ~_~/,
~Yd:nted Name:
Title:
STATE OF TEXAS §
COUNTY OF NUECES §
This ir~strument w.a~ acknowledged before me on ~ ~ ,2005,
by ~ J.~_._',~..) , an authorized representative of City of Corpus
Christi Park'~nd Recreation Department, a Texas corporation [type of entity], on behalf
of said corporation [type of entity].
Notary Public, State of Texas
Pdnted Name
Commission expires: '~ ' [~ · ~0~'
Weed and Seed Grant Program
For the City of Corpus Christi, Texas
Grant Application
Signature Page
1. Name of Applicant Organization: City of Corpus Christi - Parks and Recreation
2. Address of Applicant Organization: 1201 Leopard Corpus Christi, TX 78401
3. Telephone Number: 361-826-3476 Fax Number: 361-826-3806
4. Name of Proposed Project: North side sports vrogram
5. Address of Proposed Project: 1722 Winnebago Corpus Christi, TX 78401
6. Name of Project Director: Ramona Jefferson -Recreation Coordinator II
7. Name of Boarcl/Commission Chairman: Maurecn Mahoney Program Service
Superintendent
8. Project Period Beginning: May 2005 Ending: July 2005
9 Project Summary: To provide soccer and basketball prom-ams to at-risk youth in the north
side of town. To have the community come together in a positive recreation atmosvhere, while
youth develop skills, team work, and responsibilities.
Terms and Conditions
It is understood and agreed by the undersigned that:
1. Funds granted as a result of this request are to 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 GWES ASSURANCES THAT he/she will immediately take any
measures necessary to effectuate any award agreement
S u~erintende~ ~ /
Typed Name and Title of Authorized Official: Maureen Mahonev-Prom:am Services
Date:
Staffing:
Security:
Officials:
Uniforms:
Trophies:
Supplies:
BUDGET
Northside Summer Basketball League
2005
Four (4) Recreation Leaders ~ $8.91 per hour
$8.91 per hr X 5 hours per day - $44.55 per day
$44.55 per day X 4 days - $178.20 per week
$178.20 per week X 5 weeks (season)
Total = $891.00 per Recreation Leader for the season
$891.00 X 4 Recreation Leader = $3564.00
One (1) Recreation Leader~ $8.91 per hour
$8.91 per hx X 3 hours per day -- $26.73 per day
$26.73 per day X 4 days - $106.92 per week
$106.92 per week X 5 weeks (season)- $534.60 for the season
$534.60 X 1 (3hr) Recreation Leader + $891.00 X 4 (5hr) Recreation
Leader -$3564 00
Staffing: $4098.60
T~vo (2) Security guards per day (~ $15.00 per hour
$15.00 per hour X 3 hours per day $45.00 per day per guard
$45.00 per day X 4 days a ~veek - $180.00 per week per guard
$180.00 per week X 5 weeks = $900.00 per guard for the season
$900 00 X 2 guards per day = $1800.00
Security Total: $1800.00
Two (2) Official per game ~ $10,00 per official ($20.00 total per game)
$20.00 per game X 6 games per day $120.00 per day
$120.00 per day X 4 days a week = $480.00 per week
$480.00 per week X 5 weeks (playoffs included) = $2400.00 for officials
for the sea.son
Official Total: $2400.00
Ages 6-8:6 teams X 10 players per team 60 shirts
Ages 9-1 l: 6 teams X 10 players per team - 60 shirts
60 shirts (6-8) + 60 shirts (9-11) - 120 shins
$5.25 per shirt X 120 shirts $630.00
Uniform Total: $630.00
st nd
Ages 6-8:2 teams (1 & 2 place) X 10 players per team = 20 trophies
st flO
Ages 9-11:2 teams (1 & 2 place) X 10 players per team = 20 trophies
20 trophies (6-8) + 20 tropkies (9-11) = 40 trophies
$10.00 per trophy X 40 trophies = $400.00
$171.40 - whistles, basketballs, nets, clipboards, score books
Total cost for League: $9,500
Northside Summer Basketball Program - 2005
Projective Narrative
The Corpus Christi Parks and Recreation Department offers the Northside
Summer Basketball Program for youth and teens to develop skills, teamwork
and responsibility. In addition, it provides a safe, secure environment for
family recreation. This excellent program has grown to include leagues
consisting of girls and boys of elementary, middle school and high school
age.
Goals of the Project
The Northside Summer Basketball League is a community oriented outreach
program. This activity serves as a medium for youth/teens, family and fdends
to come involved in a positive recreational setting. They serve as volunteers,
coaches, scorekeepers, fans and supporters. It is community entertainment.
This program unites the community.
Objectives
To provide a safe environment for youth, along with the northside community
to enjoy recreation opportunities. Funding for this program would:
· Enable the community to become more involved
· Provide a safe environment for youth & family members
· Increase citizenship, leadership and community spirit
· Develop teamwork
· Provide recreational activities that include family and extended family
members
· Enable a quality program to be enjoyed by the entire community.
· To involve the community in coaching, scorekeeping, refereeing and
supporting the youth.
· Reduce crime and violence by safe, constructive programs that involve all
ages
· Provide means for achieving a sense of belonging without having to join a
gang
· Provide opportunities to interact with youth from other ethnic, cultural and
monetary backgrounds.
The number of youth and community volunteers registered in the program will
be the tool for program measurement.
Strategies or Methods to be Used
The Northside Summer Basketball Leagues provides recreational
opportunities free of charge to all youth in the target area. The league was
developed as an alternative to other sports leagues that were offered at a
cost. The staff of the Corpus Christi Parks and Recreation Department
developed the program for youth in the target area to be able to increase their
skills, knowledge and teamwork in a positive setting.
As the program has increased in popularity the participation, quality and
spectator levels also increased. Other area youth/teens have registered for
this program due to the high quality of play. This only adds to the benefit this
program. Additional staff is needed for supervision, safety, registration, and
practices, clinics, crowd control and coaching.
Registration and participation will be the essential measures of the success of
the programs. Other measures will include participation of neighborhood
resources (coaches, scorekeeper and spectators).
Target Audience
The target population will be any youth/teen in the Weed and Seed target
areas. However, we encourage competition from other areas to improve skill
levels. This program also encourages community involvement by the use of
volunteers as coaches for the all teams.
Team
Participation Breakdown:
Elementary School (ages 6-9)
Elementary School (10-12)
Middle School Boys
Middle School Girls
High School Girls
High School Boys
6 teams (10 players per team)
6 teams (10 players per team)
6 teams (10 players per team)
6 teams (10 players per team)
6 teams (10 players per team)
6 teams (10 players per team)
Total Number of Teams/Players - 36 / 360
Expected Benefits to Individuals and Families
The Northside Summer Basketball Program will be a centerpiece for activity
during for the community.
To aid and enhance the quality of life for youth, teens and families of the
target areas through a positive recreational setting. All youth/teens will have
an equal opportunity at recreation, teamwork, interaction and a sense of
belonging.
Community commitment and pride is ultimately the goal for this program.
Providing safe, quality recreational programs for all ages, interest and income
levels will aid in the cohesiveness of the community.
Weed and Seed Grant Program
For the City of Corpus Christi, Texas
PROGRAM ASSURANCES
The applicant, by signature of the authorized official below, hereby provides the following
assurances regarding any grant, which may be received by the applicant under the Weed and
Seed Program.
1 Any proposals for changes in the original project will be submitted to the Weed and Seed
Program Manager in writing who will then forward it to the Weed and Seed Steering Committee.
Upon notification of approval, the changes will be deemed incorporated into the original grant.
2. Subrecipients will comply with Title VI of the civil Rights Act of 1964 (P.L. 88-352), the
Americans with Disabilities Act (P.L. 101-336), the Drug Free Workplace Act of 1988 (P.L.
100-690, title V, subtitle D), and all applicable local, state, or pursuant to these laws.
3. All necessary measures will be taken by the Applicant to effectuate the agreement contained in
the Grant Application, the Delegate Agency Agreement, and the Notice of Grant Award.
4. All grant expenditures will be made in accordance with the approved budget.
5. The Applicant shall submit to the Weed and Seed Program Manager monthly, quarterly, and
yearly Program Progress Reports describing progress on the project in accordance with the
schedule set out in the Delegate Agency Agreement. The Applicant is required to promote the
Weed and Seed Program during its funding, with the use of signs, flyers, banners, letterhead
paper or how ever appropriate to advertise the fianded program and the Weed and Seed Program.
6. Funds from this grant will not be used for religious or sectarian purposes.
7. The Applicant will permit and cooperate with any Weed and Seed investigations by assuring
the availability of all records and the availability and cooperation of staff_
8. Applicants will be required to cooperate, at no cost to the grantee, with local and federal
representatives from the Weed and Seed Project who will conduct a comprehensive evaluation of
all Weed and Seed activities in the City of Corpus Christi Weed and Seed targeted
neighborhoods. Additionally, applicants must agree, if requested, to participate in any national
evaluation of the Weed and Seed initiative.
Name and T~l~/)~f/~Authoriz~f~Tal: Maureen Mahonev-Prom-am Services Sur~erintendent
S i gna tur e :~///////~~/~ ~
EXHIBIT B
WEED & SEED PROGRAM
Subreclplent PAYMENT VOUCHER/REPORT
Reimbursement Request for the month of:
Date Submitted:
Aqency Name and Address:
Amount
Proqram Name:
Description of Expenditure:
Please attach copies of payroll documentation and receipts to support expenditures
itemized above.
Retum to:
Weed & Seed Program
P.O. B°x 9277
Corpus Christi, TX 78469-9277
The Subredplent certifies that (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 Subreclplent Agreement; and (3) the Subreciplent is in
compliance with and not in default under the Weed and Seed Program Subrecipient
Agreement.
Signature
Title
1
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
EXHIBIT C
This certification is required by the regulations implementing the Drug-Free Workplace Act of
1988:45 CFR Part 76, Subpart, F. Sections 76.630(c) and (dX2) and 76.645(aX1) and (b) provide
that a Federal agency may designate a central receipt point for STATE-WIDE AND STATE
AGENCY-WIDE certifications, and for ootification of criminal drug convictions. For the
Depa~ tment of Health and Human Services, the central pint is: Division of Grants Management and
Oversight, Office of Manage~nent and Acquisition, Department of Health and Human Services,
Room 517-D, 200 Independence Avenue, S W 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 I1 applies.
5. Workplaces under grants, for 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 ora mass transit 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 of the 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
Controlled substance 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 cootendere) or imposition of sentence,
or both, by any 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., volunteem, even if used to meet a matching requirement; consultants or independent
contractors not on the grantee's payroll; or employees ofsubrecipients or subcontractors in covered
workplaces).
Certification Regarding Drug-Free Workplace Requirements
Alteruate 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)The 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 occurring in the workplace no later than five calendar days afl:er 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 satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate ngency;
(g) Making a good faith effort to continue to nmintain 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 I1. (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 ora 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
Organization
Exhibit D
ASSURANCES
4
5.
It possesses legal authority to apply for the grant; that a
resolution, motion or similar action has been duly adopted or
passed as an official act et the applicant's governing body,
authorizing the ~ling of the applicalion, including all
understandings and assurances contained therein, and directing
add authodzir~j [he person ~entrfied as the official representative
of the applicant to act in connection with the applicalion and to
provide such additional inlorrnation as may be required.
It will comply with requirements o¢ the provisions ot the Unilorrn
Relocation Assistance and Real Property Acqu~s~ions Ac[ ot 1970
(PL 91~46) which provides 1or tair and equitable 1rearmed[ of
persons displaced as a result ot Federal and federally-assisted
programs
10
It will assist [he Federal grantor agency in i~s complianc~ with
Section 106 et Ihs National Historic Preservation Act et 1966 as
amended (16 USC 470) Executive Order 11593, and ~he
Archeological and Historical Preservation Act of 1966 (16 USC
569a-1 at seq) by (a) consulting with [he State Historic
Preservation Officer on the conduct et investigations, as
necessary, [o identify properties listed in or eligible 1or incJusion
in the National Register ol Historic Places that are subject to
adverse effects (see 36 CFR Part 800.8) by the activity, and
notifying the Federal grantor agency et the existence at any such
properties, and by (b) complying with all requiremenls established
by the Federal grantor agency to avoid or m~tigate adverse elfec[s
upon such properties.
It will comply with provisions of Federal law which limit certain
poll[leal ac~vitlas of ernploye~s of a State or local unit ol
govemrnent whose pdncipal employment is in connection wgh an
activity ~nanc~d in whole or in part by Federal grants
(5 USC 1501, at seg.)
It will comply with the m~mmurn wage and maximum hours
provisions of the Federal Fair Labor Slandards Act if appedable
It will establ~sh saleguards to prohibit employees ~rom using ~heir
positions [or a purpose that is or give the appearance of being
motivated by a desire for private gain lot [hemseh/es or others,
parhculady [hose wSh whom they have totally, business, or oiher
ties.
It will give the sponsoring agency or the Comptroller General,
through any author,.ed repm, senlative, ac~:~s to and the right [o
examine all records, books, pop.m, or documents related to [he
grant
It will compty with all requirements imposed by the Federal
Sponsoring agency concerning special requirements ol law,
program requiremenls, and other administratrve requirements
It will insure that the 1acilities under tls ownership, lease or
supervision which shall be utilized in [he accomplishment ol the
project are not listed in [he Environmental Protection Agency's
(EPA) list of Violahng Facilities and that it will notify the Federal
grantor agency of the receipt of any semmunication from the
Director of the EPA Office et Federal Activities indicating that a
facdib/to be used in [he project is under consideration [or listing
by the EPA.
I1 will comply with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act et 1973,
Public Law 93-234, 87 Stat. 975, approved December 31, 1976.
Section 102(~) requires, on and a0er March 2, 1975, the
purchase of flood insuranc~ in c~mmuni~es wher~ such insurance
is available as a condition for the receipt of any Federal financial
assistance ~or cons~uc~on or aCZ:luis~eqn purposes for use ~n any
area that had been identn~ed by the Secrelary o1 the DeparlTnent
at Housing and Urban Development as an area having special
f~od hazards. The phrase 'Federal financial a~sistar~ce" inctudes
any form el~ loan, grant, guaranty, insurance payment, rebate,
subsidy, disaster assistance loan or grant, or any other term of
direct or indirect Federal assistanse.
ATTACHMENT TO SF~124
11.
it will comply, and assure the compliance ol all its subgrantees
and contractors, with the applicable provisions of Title I of 1he
Omnibus Crrme Control and Sale Streets ACt et 1968, as
amended, the Juvenile Justice and Delinquency Prevention Act,
or [he Victims o1 Cnme ACt, as apprpenate; the provisions of the
current edition et the Ofce o1 Jusl~ce Programs Financial and
Administrative Guide 1or Grants. M71001: and all other
appl~ceble Federal laws, orders, circulars, or regulations
It witl comply with the provisions of 28 CFR applicable th grants
and cooperative agreemenls including Part 18, Administrative
Review Procedure; Part 20. Cdminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and
Statistical Information; Pad 23, Cdminal In[eltigence Systems
OperaSog Policies; Part 30, Intergovernmental Review et
Department of JusUse Programs and Activities; Part 42,
Nondlacrtmination/Equal Employment Opportunity Policies and
Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and
We[tan0 Protection Procedures; and Federal laws or regulations
applicable to Federal Assistance Programs.
13.
It will comply, and att Its conb'actors will comply with [he
nondiscrimination requirements et 1he Omnibus Crime Conb-ol
and Sate Streets Act ol 1968, as amended, 42 USC 3799~d), or
Victims of Cnme Act (as eppropnate); Title VI of the Civil Rights
Act ol 1964, as amer~led; Section 504 of the Rehabilitation ACt of
1973, as amended; Subtitle A, Title II of the Amedc. ans VV-ith
Disabilities Act (ADA) (1990); ~[le IX of the Education
Amem:lmen[s of 1972; the Age Discrimination Act of 1975;
Depart~nen[ of Justice Non-Discrimination Regulations, 28 CFR
Part 42, Subparts C, D, E, and G; and Department of Jusdca
regulations on disabliily discrimination, 28 CFR Part 35 and Part
39
14¸
In [he event a Federal or State court ar Federal or State
administrative agency makes a finding of discrimination after a
due process headng an the grounds of race, color, religion,
national oogin, sex, ar disability against a r~cipien[ of funds, the
recipient witl forward a copy of [he finding to the Offise for Civil
Rights, Office or Just~.e Programs.
15.
It will provide an Equal Employment Opportunity Program if
required to maintain one, where ihs applicalion ~s for $,~00,000 or
16.
It will comply w~th the provia~ons of ~ Coastal Barper Re.sources
Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq )
which prohibits the expenditure of mos[ new Federal ~unds within
/he un~ of the Coastal Barher Resources System.
Date
EXHIBIT E
INSURANCE I~F, OUIRF, MENTS
Subrecipient's Liability ln.*m-ance
The Subrecipient must not commence work under this agreement until he/she has obtained all insurance
required herein and such insurance has been approved by the City. Nor may the Subrecipient allow any
mbeouh,a:tor to connnence work until all similar insurance required of the subcontractor has been so
obtained.
The Subrecipiem must fi.n-nir, h to the City's Risk Manager, 2 copies of Certificates of Insurance, with
the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on
all applicable policies, showing the following minimum coverage by an insurance company(s)
acc~table to the City's Risk Manager,
TYP~ OF iI~UIANCR
~ IN~u~NC~ COVERAG~
COMMERCIAL GENERAL LIABIlITy
!. C-mm~ial Fo~m
$1.000.000 COMBINED SINGLE LIMIT
In th~ evmt of aocidmts {finny kind. the Subrecipiem nmst,finntsh the Risk Menag~ with copies of
nil reporta of tach nccidmts at the same time that the reports ~e forwarded to any other interested
p~iea
A C~lifie~te of Insunm~:
The C~y of Corpm Christi n~et be nsmed m an ndditial insared on the liability cover~e,
and a blanket waiver of subro?tlon on MI appl/~ah~ policies.
ffyrmr iron,ce company uses the standard ACORD form, the ea~e~nnti~n elau~e (bottom
fiSht) s~t be ~ by adai,~ the wording "chmsed or" betwe~a '~oe' and "canceled",
and delain8 th~ words, "emle~vor to", md deleting th~ wording ~ 'left".
* The ~e of tl~ l~je~t mint be listed under '~'iption of Op~tions"
* At a minin~un, a 30-day m'itten notitt of ehnn~ or ctncellntion is required.
If the Certificate of Insurance on its face doe~ not show on its face the existence of the
com'aSe r~qtfited by itnm I.B (1)-(6), an mthorized repremmUive of the imunmce company
must ~ a letter specificnlly s~tin~ whether items I_B. (1)-6) are included or excluded.
Wlmd& Slasd SllI~ FY' 00-o I ms. n~
I 1-13-0o ep RJak ~?
Te~ r~ep~en~ ATTACHMENT F Form 2O47£
nfProtective and Regulatory Services CERTIFICATION REGARDING FEDERAL LOBBYING October
(Certification fur Contracts, Grants, Loans, and Cooperative ~,greements)
PREAMBLE
Federal legislation. Section 3[9 of Public Law 10[-121 generally prohibits entilics fi.om using federally appropriated funds to lobby Lhe execulive or legislafive branches of thc federa
govemmem Section 319 specifically requires disclosure of certain lobbying activities. A federal government-wide rule. "Now Restrictions on Lobbying,' published in the Federa
Register, February 26 1990, requires certification and disclosnre in specific inslances and defines terms:
Covered Awlrd~ and Subawlrds - ContracH, grams, and cooperative agreemenls over Ibc $100000 threshold need (I) certilicauons, and (2) disclosures, it required. (Sc:
certification term number 2 concerning disclosure )
Lobbying - Fo lobby means "to influence or attempt lo influence an ollicer or employee ol any agency (t~deral). a member o l Congress. nn ollicer or employee 01 Congress, or a
empfuYee el' a member of Congress in connection with any of file tbllowing covered federal actions:
the awmdfilg of any federal contract
the making of any federal granL
the making of any federal loan,
the enleting into of any cooperative agreemenk and
the extension, continuation, renewal, amendment, or modification of any federal conlracl, grant, loan Or cooperative agreement.'
Limited Use ol-Appropri,ted Funds Nol Prohlhittd - I~e prohibition on using appropriated funds docs not apply ~o activities by one's own employees with lespe¢l to:
liaison activities with federal agencies and Congress not directly related to a covered t~deral action;
providing any infonnafion specifically requested by a federal agency or Congress;
disclt~ and/or demruslration of pFOthJcls or servfuCS if not related m a specific solicitalion fur a covered action; or
profes~innal and technical services in preparing, submining or negotiating any bid, proposal or application the a Federal contract grant titan
or c~opcrative agn:tment or lot meting legal rcquircmenls conditional to rcc~ipt of any federal conlract grot loan or cooperative agreement.
IThe prohibition also dm not apply to such services provided by noncmployec~ for lhe same purposes }
Profoalonal ~nd Technlral Services - Profcsalonal and technical services shall be advice and analysis directly applying any professional or technical expertise. Note tha~ the
professional and technical servicm exemption is specifically limited to the merits of thc matter
Other AIIowlhl~ AttivllJe~ - Thc prohibition on usc of federally appmpriatod funds docs not apply to filllucucing ac~ivides not in connection with a specific covei~d fcdcnd action
Those activities include those related to legislation and tegulalions for a program versus a spocific covered federal action.
Funds Other Tb,n Fedtr~l Ap@ropri~lion~ - Them is no federal resl~ctinn on file usg of nonfederal funds to lobby the t~deral government for ~ntracts, grants, and cooperaliv
TERMS OF CERTIFICATION
[] No
Do you have or do you anticipatc having covered subawards under this ~ansaction? .................................................... f-I Yes
Nm'ne of Conm~'mr/Potcntial Conn"m:tor Vendor ID No. or Social Securi~ No PRS Contract No.
N~ of Authorized Representative
5;,,4ct.-y
H 5h cd ~1 ham anh a\wp d ocs\',w.g d&.sec'~anac b- f.w p<l
Sisnalurc - Authored Rcprcscn t. allv¢ - D~Ic