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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 Page 3 of 8 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. 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 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, 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 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 Page 6 of 6 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. 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 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