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HomeMy WebLinkAboutC2005-149 - 2/22/2005 - ApprovedPage 1 of 8 Weed & Seed Subrecipient Agreement between the City of Corpus Christi and Lorenzo Knowles (DEFY) Site I THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OFNUECES § 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 Lorenzo Knowles (DEFY) Site I, ("Subrecipient"), a Texas non-profit corporation, acting through its duly authorized representative. WHEREAS, City has allocated $2.000 from the City's fiscal year 2004 - 2005 Weed and Seed Program ("Program") for implementation of Weed and Seed services ("Services"); and, WHEREAS, City wishes to encourage the Services provided by Subrecipient because there is a genuine need for these Services in the City. NOW, THEREFORE, the City and Subrecipient agree as follows: Section 1. Purpose and Consideration. Subrecipient has applied to the City for certain funds that are to be utilized by the Subrecipient in connection with and for purposes of furthering the Program and, in particular, to provide the Services described in the attached Exhibit A that is incorporated in this Agreement by reference. Subrecipient, in consideration of being extended funds to accomplish the purpose of this Agreement, shall accomplish this purpose and shall comply with all rules and regulations applicable to the Program funds as set out in this Agreement and as may be required by Federal and State law. Section 2. Receipt of Funds. The Subrecipient hereby acknowledges a sub-grant award from the City in the amount of $2.000 ("Funds") that is designated for use in the Program. The Subrecipient shall submit a Subrecipient Payment Voucher/Report, a copy of which is attached to this Agreement and incorporated in this Agreement by reference as Exhibit B, and additional appropriate documentation, as detailed below, to the City by the last day of each month dudng the term of this Agreement. The Subrecipient agrees to use the Funds in accordance with the terms and conditions of this Agreement and in accordance with Subrecipient's general understanding of the purposes of the Program. 20~5-149 02/22/05 M2005-055 Lorenzo Kuowles (DE~) Page 2 of 8 Section 3. Services. In exchange for the Funds, the Subrecipient agrees to perform those Services and functions listed and described on the attached and incorporated Exhibit A. Section 4. Term of Performance. The Services shall be performed and the Funds shall be allocable to the pedod from the 1~ day of October, 2004, to the 30~h 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, quarterly, and yearly basis. B. Additionally, the Subrecipient shall submit a financial report to the City, through the Weed and Seed Program, on the last day of each month, that identifies any Funds expended and attach supporting documentation, such as timecards and receipts, for those expenditures. The Subrecipient Payment Voucher/Report (Exhibit B) shall serve as the financial report for Subrecipient. C. The City reserves the dght, upon reasonable notice to the Subrecipient, to have City's accountants, attorneys, and other agents audit the books and records of the Subrecipient to ensure the proper application of the Funds for the purpose set forth in, and in accordance with, this Agreement. The Subrecipient shall participate in the Weed and Seed formal evaluation by cooperating with the City. The Subrecipient shall meet with the evaluation team, agree on an evaluation process, and accommodate site visits from the evaluation team. Section 6. Insurance. A. Subrecipient must secure and maintain, at Subrecipient's expense during the term of this Agreement, a Commercial General Liability insurance policy, from an insurer that City approves, with the limits and requirements shown on the attached Exhibit E that is incorporated in this Agreement by reference. The Certificate(s) of Insurance must be sent to the City's Risk Management Department ("Risk Manager") at least ten (10) days pdor to the start of services. Subrecipient shall provide the Risk Manager with Certificate(s) of Insurance reflecting all of the required coverages and shall, upon request of the City Manager dudng the term of this Agreement, promptly provide the City Manager with copies of all insurance policies. B. Subrecipient shall require its insurance policies to provide that the Risk Manager shall be given at least thirty (30) days advance written notice by the insurer pdor to cancellation, intent to not renew, or matedal change of the insurance policies mentioned H:~LEG-DII~OlgalR~/~y~e~P ark& Rec\We~tSe~2005~30405DC Lore~zo. Knowle~,DEFY Sl[el.Wee~Seed. Prolec.[e~ Form.do[ Page 3 of 8 in Section 6.A. above. Failure of Subrecipient to maintain the insurance coverage(s) required by this Agreement shall be cause for the City to withhold Funds, cancel any and all claims that Subrecipient may have, and shall be grounds for termination of this Agreement. C. The City Manager, or the City Manager's designee, retains the right, dudng the terTn 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 dght. Insurance limits shall be adjusted no more frequently than once per the City's fiscal year. Section 7. Indemnification. Subrecipient agrees that it will indemnity 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 Judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent the damage or injury may be incident to, ar~se out of, or be caused, either proximately or remotely, wholly or in per1; by an act omission, or negligence on the part of Subrecipient its officers, employees, representatives or agents, Indemnltees, or any of them, acting pursuant to this Agreement with the express or implied invitation or perrnission of Subrecipient or on the part of Subr~cipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or Invltees engaging or participating 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, Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the Services being provided herein by Indemnitees, or any of them, Subreciplent, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including without limitation, any damages or costs which may occur as a result of the Services themselves, regardless of whether the injury or damage results from the contributory negligence or concurrent negligence of lndemnitees, 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 party other than the Subrecipient relating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expanse, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel acceptable to City, and pay all charges of atton3eys and all other costs and expanses of any kind whatsoever arfsing 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 Crime 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 wdting 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, return receipt requested, Page 5 of 8 postage prepaid; (3) by prepaid telegram; (4) by deposit with an ovemight express delivery service, for which service has been prepaid; or (5) by fax transmission. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carder. Notice by fax transmission will be deemed effective upon transmission, with proof of de- livery. All these communications must only be made to the following: IF TO CITY: City of Corpus Chdsti Attn: Weed and Seed P. O. Box 9277 Corpus Chdsti, Texas 78469-9277 (361) 880-3461 (361) 880-3864 Fax IF TO SUBRECIPIENT: Lorenzo Knowles (DEFY) Site I [Subrecipient's Name] Attn: President 4002 Tdpoli Ddve [Address] Corpus Chdsti, Texas 78411 (361 ~ 765-2477 (361) 855-1550 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 wdtten document signed by persons authorized to sign agreements on behalf of each party. Section 16. Applicable Law and Venue. This Agreement is entered into in the State of Texas and shall be construed and interpreted in accordance with the laws of Texas. Venue lies in Nueces County, Texas, where this Agreement was entered into and will be performed. Section 17. Conflicts of Interest. No official or employee of the unit of local government or a non-govemmental recipientJsubrecipient shall participate personally through decisions, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application, request for a ruling or other Page 6 of 8 determination, contract, award, cooperative Agreement, claim, controversy, or other particular matter in which award Funds (including Program income or other funds generated by Federally-funded activities) are used, where to his or her knowledge, he or she, or his or her immediate family, partner, organization other than a public agency in which he or she is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom he or she is negotiating, has any arrangement concerning prospective employment, has a financial interest, or less than an arms- length transaction. Section 18. Appearance. Subrecipient acknowledges that, in the use of agency Program Funds, officials and employees of the local units of government and of non- governmental 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 government or the Program. Subrecipient agrees to ensure compliance with this covenant by its officers, employees, representatives, and agents. Section 19. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly without the pdor written consent of the City. Section 20. Suspension and Termination. The City may suspend or terminate this Agreement in accordance with 28 CFR Sec. 66.43, as amended, if Subrecipient materially fails to comply with any term of this Agreement. This Agreement may be terminated, by the City, for convenience in accordance with 28 CFR Sec. 66.44, as amended. Section 21. Captions. The captions employed in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 22. Entirety Clause. This Agreement and the attached and incorporated Exhibits constitute the entire Agreement between the City and Subrecipient for the purpose stated. All other Agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding within the provisions of this Agreement and its Exhibits of the terms, conditions, promises, and covenants relating to the Program and the Services to be rendered. Section 23. Severabillty. 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 Agraament, 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. EXECU'I[ED IN DUPLICATE, each of which shall be considered an original, on the.~day of ~ A'I-rEST: ArmOry ,2005. CITY. OF CORPUS CHRISTI ~K.~oi~o, Ci~ Manager, orhis designee A~LEGAL FORM 2 March 200~ ~--~'~cF Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS § ~COUNTY OF NUECES § This instrument was acknowledged before me on /~/[.~ 42tl ,2005, by George KNoe, or his designee City Manager of the City. Corpus Chdsti, a Texas home rule municipal corporation, on Notary Public, State of Texas Pdnted Name Commission expires: Page 8 of 8 SUBRECIPIENT: Printed Name: ].O~. ~,,~. ¢ STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on'/'-/' ' //o;~ ,2005, by ~¢ ,'~.,~ :~-- (Z.,,..~, ~ ~ , an authorized representative of Lorenzo Knowles (DEFY) Site I, a Texas corporation [b/De of entity], on behalf of said corporation [tvpe of Notary Public, State of Texas Pdnted Name Commission expires: Weed and Seed Grant Program For the City of Corpus Christi, Texas Grant Application Signature Page 1. Name of Applicant Organization: DEFY Dru~ Education For Youth Mentofin~ 2. Address of Applicant Organization: 4002 Tripoli Drive, Corpus Christi, Tx, 78411 3. Telephone Number: 361-855-1714 FaxNumber: 361-855-1550 4. Name of Proposed Project: Knowles DEFY Drue Education For Youth Mentoring 5. Ad&ess of Proposed Project: 6. Name of Project Director: Corpus Christi independent School District Mr. Lorenzo Knowles 7. Name of Board/Commission Chairman: Mr. Lorenzo Knowles 8. Project Period Beginning: October 1, 2004 Endina: September 30, 2005 9. Project Summary: Mentoring and Teachina at our local schools, detention centers and safe havens to youth. 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 Comirdttee, shall be deemed incorporated into and become part of the award agreement. 3. The undersigned HEREBY GIVES ASSURANCES THAT he/she will immediately take any measures necessary to effectuate any award agreement. Typed Name and Title of Authorized Official: Signature :~//~,,~-~t' Date: Mr. Lorenzo Knowles Applicant History and Capability I'm a former member of Department of Defense, Drug Demand Reduction Task Force, train to provide advice and assistance in the development of strategy, policies, and programs to decreased the demand for illegal drugs within the community. DEFY participants can make a difference in our community, each youth that is supported by the DEFY program through positive association with DEFY Leaders and by benefiting from the DEFY curriculum stands and even better chance of growing into a asset to our community. The Defy program mobilizes and strengthens the communities it serves. By joining together with community leaders, supporters and sponsors, Defy help to build and rebuild the human and sometimes, directly or indirectly, the physical resources of a community. The Defy curriculum focuses on developing those age-specific skills which will positively impact on youths' life-long decision making abilities. The school year follow-on is a critical component of the program, and is designed to provide support and reinforcement in developing these skills. Sincerely, Lorenzo Knowles Program Manager & Curriculum Instructor Attachment # 1 DEFY Fact Sheet DEFY P~'arn DeKrlp~on Th~ DEFY DFF~ i$ ~ cotcty~ ~or ino'e~,fir~g commu~i~, p~mdl~olJon ood commirz~en£ ~o your.)3. DEFY helO$ deveJo~ d-~r~'Zer, leader, S. ~nd co~fider~e to engage in ~o$idve. healthy Iif~es os drug-[me c.~Jz~s. DEFY Proof'am GoalI DEFY is a u~que, comprehensive, and mu~phased pro~rn that reduces ri~ and strer~chens protect;ye factors that reseaz,:h has d~ectJy linked ta ~dolescent aJcohol and drug abuse, schoal failure, delinquenc)¢ and violence. DEFY st~thens the ~hii~ and resolve of its youn~ graduates to ms/st the pressures to become involved with iliad1 dn.~s and ~n~s that many of them will eventually exper{ence. Simply stnt~d, DEFY has three I. Devdop reJatx3nskips between youth and posAive adult role model~ 2, Dellwr Iifle-ddlls training, 3, Decor d~'ug use ~ gang invoivemem. DEFY Prolmm Componenu DEFY consists of four integ~t~ components that to~ether provide a yea. dong axperi~ce for cJ-to 12-year-old youth: I, Camp~n~e I: ^ no~'~$identiid or residentJ~ summer camp th~ kicks offthe DEFY pro,am. 2, MenCorlng---Phua I1: A 10-month mentorlng proD'am in which DEFY youth ar~ m~tched with an adu~ men- tar for the school year Parent invol~eman~ Throu~hou~ and on completion of, the DEFY pm~-~m. DEFY program coordinator~ c~mp clime'cars, team leaders, ~nd mentors actively encourage parents and ~uardians to become involved in supporting tha~' chilG-en's commitment to a pos~.~e, dru~-free lifestyle. 4, Oul;plac~malC Alt DEFY ~r~dua~es r-..ceiw suppoct and are encouraged to enroll and acridly part, pate in ~ appfopdate f'ollowup proE~rn in 'chair schoo~ or corr~munity. D E F Y = Drug Education For Youth Youth Curriculum Summary Topic/Units Relationship/Conflict Management Unit 1: Recipe for a Good Friend Unit 2: Can We Talk Unit 3: Managing Emotions Unit 4: Care-Givers Unit 5: Solving Problems Peacefully Substance Abuse Prevention Non-Residential 180 Minutes 30 Minutes 45 Minutes 30 Minutes 45 Minutes 30 Minutes 210 Minutes Unit 1: Living Drug Free Unit 2: Drugs and Your Body Unit 3: Shutting Out Drugs Unit 4: Drug Use is Not Glamorous Unit 5: Reasons for Drug Use by Youth Hygiene/Nutrition/Urgent First Aid Unit 1: Hygiene Unit 2: Urgent First Aid Unit 3: Nutrition Serf-Esteem Unit 1: Values Unit 2: One of a Kind Unit 3: Taking Control Unit 4: Masters of Your Own Fate Unit 5: Power of Positive Thinking Unit 6: Creating a Success Story 45 Minutes 45 Minutes 45 Minutes 45 Minutes 30 Minutes 135 Minutes 45 Minutes 45 Minutes 45 Minutes 270 Minutes 45 Minutes 45 Minutes 45 Minutes 45 Minutes 45 Minutes 45 Minutes Citizenship/Leadership 150 Minutes Unit 1: The Circle of Honor Unit 2: The U. S. Armed Services Unit 3: Citizens in Action Unit 4: The Participatory Democracy Goal Setting Unit 1: Accepting Challenge Unit 2: Finding Your Hidden Treasures Unit 3: Pot of Goals Total Classroom Instruction 30 Minutes 30 Minutes 45 Minutes 45 Minutes 120 Minutes 45 Minutes 30 Minutes 45 Minutes Total = 17.75 hours Lorenzo Knowles Instructor and Curriculum Manager Tel: (361) 855-1714 Fax: (361) 855-1550 Cell Phone (361) 765-2477 Email: lorenzo233~juno.com Mentoring and Instructing Students at the following Schools: 1. Martin Middle School on Mondays 2. Gibson Elementary School on Tuesdays 3. Travis Elementary School on Wednesdays ~ 4. Solomon Cole Elementary School on Thursdays 5. Driscoll Middle School on Fridays Attachment A- 1 Program Summary Drug Education is a program design and developed by the Department of Defense, Drug Demand Reduction Task Force to provide education, skill-building, and positive experiences so that youth between the ages of 9 and 12 years old who are living in at-risk environments will beat the odds and choose healthy alternatives instead of substance abuse. DEFY is designed to accomplish the following: a. Improved the youth's positive self-image through increased self-esteem, confidence, optimism, and responsibility; b. Improve the youth's interpersonal abilities through skills needed to interact successfully with peers, parents and guardians, and authority figures; avoid and manage con- flicts and violence; and participate in and contribute to positive individual and group relationships; c. Improve the youth's growth through increased competency in goal setting, leadership, communication, adhering to appropriate performance standards in diverse settings, accepting challenge, and helping others; d. Improve the youth's lifestyle through physical fitness training, enhanced nutrition, and appropriate hygiene; and e. Improve youth's awareness of harmful effects of alcohol and other drugs, including tobacco, and increase their competency in refusal and avoidance. Attachment - A Program Summary To present this program to the Corpus Christi Independent School District, and do it correct, it cost an estimated $30,000 or $20;000 dollars a year by omitting part of the program. Things to be omitted are the following: 1. Ball Caps 2. Pencils 3. Rulers 4. T-Shirts 5. Back Packs 6. Water Bottles 7. Not taking the Kids to events out of town 8. Not providing Food 9. I started DEFY in 1990 at the Naval Air Station Corpus Christi, I also presented the program to the Independent School District and Weed & Seed program in 1992, we have merge the two programs together, to reach more school children in the Corpus Christi Independent School District. Sincerely, Lorenzo Knowles GRANT BUDGET PERSONNEL: Director, Mr. Knowles Site I CCISD Schools and TYC Center 5 days a weekX 4 hrs a day = 20 hrs a week 20 hrs aweekX $10.00 an hour = $200 $200 X 40 weeks = $8,000 a year Total Annual Salary # Months % Time Amount $8,000 Total Requested from W&S $1,000 Weed&Seed $200 X 5 = $1,000 FRINGE BENEFITS: FICA: SIIS: Unempl.lns.: Health Ins.: Other: Not Applicable CATEGORY TOTALS: $8,000 $1,000 CONSULTANTS/CONTRACT SERVICES: Not Applicable CATEGORY TOTALS: -0- -0- CATEGORY TOTALS: -0- SUBTOTAL FIRST PAGE COSTS: $8,000 -0- $1,000 TRAVEL: 25 miles a day X 5 days = 125 miles 125 miles a ~vcek X 40 weeks = 5,000 miles a year 5,000 miles a year X $.35 = $1,750.00 a year Weed & Seed 2,400 miles X $.35 = $840 ln-Slute: Out-of-State: OPERATING: Office Depot Coping 200 copies a week X $.03 a copy = $60.00 a week $60.00 a week X 40 weeks = $2,400 Weed & Seed $100.00 for printing/coping CATEGORY TOTAL: Total Amount $1,750 $1,750 $2,400 Total Requested from W&S $840 $840 $100 EQUIPMENT: Flyers/Video's for instruction CATEGOTY TOTAL: $2,400 $60 $100 $60 OTHER COSTS: CATEGORY TOTAL: $60 $6O CATEGOTY TOTAL: TOTAL GRANT REQUEST: -0- $12,210 -0- $2,OO0 Weed and Seed Grant Program For the City of Corpus Christi, Texas PROGRAM ASSURANCES The applicant, by signature of the anthorized 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 funded 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 pemfit 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 Title of Authorized Official: Mr. Lorenzo Knowles Signature: t~~ EXHIBIT B WEED & SEED PROGRAM Subreclplent PAYMENT VOUCHER/REPORT Reimbursement Request for the month of: Date Submitted: Aqency Name and Address: Amount Pro~ram Name: Descdotlon of Expenditure: Please attach copies of payroll documentation and receipts to support expenditures itemized above. Retum to: Weed & Seed Program P.O. Box 9277 Corpus Christi, TX 78469-9277 The Subredpient certifies that: (1) the above expenditures were actually incurred and paid for by the Subreclplent; (2) the above expenditures were incurred In accordance with the Weed and Seed Program Subreclpient Agreement; and (3) the Subreciplent is in compliance with and not in default under the Weed and Seed Program Subreclplent Agreement. Signature Title 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 (d)(2) and 76.645(a)(1) and (b) provide that a Federal agency may designate a central receipt point for STATE-WIDE AND STATE AGENCY-WIDE certifications, and for notification of criminal drug convictions. For the Departanent of Health and Human Services, the central pint is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC 20201. Certification Regarding Drug-Free Workplace Requirements (Inslructions 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 requtremants of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. For grantees other than individuals, Alternate I applies. 4. For grantees who are individuals, Alternate II applies. 5. Workplaces under grants, 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-fi'ce workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway deparlment 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: Controlled substance means a coutrolled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by anyjudicial 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 manufactm'e, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Certification Regarding Drug-Free Workplace Requirements Alternate I. (Grantees Other Than Individuals) The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the Ul:flawful 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 giant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in t~e 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 con',,iction 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 (dX2) fi-om 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 (dX2), with respect to any employee who is so convicted -- (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 einployee to participate satisfactorily in a drug abuse assistance or rehabilitation progrmn approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (0- (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. Signature OrganiZation / Exhibit D ASSURANCES I[ possesses legal au[hodly to apply for [he grant: thai a resolution motion or similar action has Peen duly adopted or passed as an offioal act et the applicant's governmg body, authorizing the filing of the application, including all Lmberstandirlgs and assurances contained therein and directing and authonzthg the person identified as the official representative ol the applicant id act in connection with the appiidatidn and to provide such additional irdormabon as may be required 2 It will comply with requirements of the prows~ons of the Uniform Reloc. a[ion A~sistance and Real Property Ac:quisCdons Act ol 1970 (PL. 91-646) which provides 1or fair and equitable treatment ol persons displaced as a result of Federal and tederally-assisLed programs It will comply with provisions of Federal law which limit cedain political actlwt~es of employees ol a Stale or local umt o1 govemrnent whose principal employment is in c~nnection with an activity financed in whole or in part by Federal grants (5 USC 1501, at seq) It wiil comply with the minimum wage and maximum hours provisions oi' [he Federal Fair Labor Standards Act if applicable It will establish safeguards to prohibit employees from using their positions for a purpose [hat is or give the appearanc.~ et being motivated by a desire for private gain for themselves or others, particularly those wit~ whom they have family, business, or other ties. 6. I[ wiJl give the sponseqng agency or the Comptroller General, through any authohzed representative, acc, ess to and the dght to examine all records, books, papers, or documents related [o [he 9 It will comply with tl~ Rood insurance purchase reduiremen[s of Section 102(a) of the Flood Disaster Protection Act of 1973, Signature 10 11¸ 13. Il will assist the Federal grantor agency in its compliance with Sec[ion 106 o1 [he National Historic Preservaedn Act o[ 1~66 as amended 116 USC 470) Executive Order 11593, aF, d the Archeological and Historical Preservalion Act of 1966 (18 USC 569a-1 at seq) by (a) consulling with [he State Historic Preservation Officer on the conduct of investigations, as necessary, ~o identity properties lic[ed in or eligible for inclusion Jn the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 8008) by the activity, and nctifyin9 the Federal grantor agency of the existence at any such propethes, and by (b) complying with all requirements established by the Federal grantor agency to avoid or m~tigate adverse s~ects upon such properties. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs FthanC~al and Administrative Guide for Grants. M71001; and all other applicable Federal laws, orders, c~rculars, or regulations. It will comply with the prov~sions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20 Cdrninal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Cdrninal Intelligence Systems Operating PoliCies; Part 30, Intergovemrr~ntal Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. Il will comply, and all its contractors will comply w~h the nondiscrimination requirements of the Omnibus Cdme Control and Safe Streets Act of 1968, as amended, 42 USC 3789{d), or Victims et Crime Act (as appropriate); Tille VI oi' [fie CIvti Right~ Act of 1964, as ama haled; Section 504 of the Rehabilitation ,&ct of 1973, as amended; Subtitle A, T~tie II of the Americans With Disabilities ACt (ADA) (1990); ~rtle IX of the Education Amendments of 1972; the Age Discdmthation Act oi' 1975; Department of Justice Non-Discrimination Regulaeqns, 28 CFR Part 42, SuPports C, D, E, and G; and Debed'n~ent of Justice regulations on disaPility diSCrimination, 28 CFR Part 35 and Part 39. 14 In the evenl a Federal or State court or Federal or State administrative agency makes a f~nc~ing et discrimination a'Eer a due process hearing an the grounds of race, color, religion, national odgin, sex, or disability against a recipient of funds, the recipient will forward a copy of the 8riding to the Office for Civil Rights, Offrc~ of Jus¢ce Programs. 15 It will provide an Equal Employment Opportunity Program il~ required to maintain one, where the eqplica[ion is [or $500,000 or more. 16 it will comply w~th the provisions o1 the Coastal Barrier Resources ACt (PL 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prehibnts the expenditure of most new Federal PJnds within the units of the Coastal Border Resources System. OJP FORM 4O00/3 (Rev. 1 -~3) PREVIOUS EDITIONS ARE OBSOLETE Date A'I-rACHMENT TO SF-424 EXHI~IT E ~SURANCE I~EOUIREMENTS Subrec/i~ient's Liability Insurance A The Subredpiem must not commence work under this agreement until he/she has obtained all insurance required herein ~4 such imurance has been approved by the City. Nor may the Subredpient allow any subcoui~dctor to cotmmaxe work until all similar insurance required of the subcontractor has been so obta/ned The Subrecigient na,q fumi~ to the Ci~'s Risk Manager, 2 copies of Certificates of Insurance, with the Cit~ ~ as ~n nddi~H~! 'lnStlr~ for all liabi~ty policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by aa insuraace company(s) acceptable to the City's Ri.4c Manaser. TYPE OF INSURANC~ ~ INSURANC~ COVERAGE COMMERCIAL G~IERAL LIABILITY mclnt~: 1. Cz~nnm'dal Fo~ pmsis~- ~ 3. Pmdnc~/C,~npknnd ~. ~ $1,000.000 COMBINED SINGLE IJMII nil reports of such accidents at the same lime that the reports are forwarded to any other interested ADDITIONAl. REOUIRI:OdgTNTS C=, 6tic.re of Insurance: The C'n'y of C.~elmS Clubti mint be named as an addlional lmumt on the linb/i/ty coverage, and a blanket waiver of subro~fion on all applicable polides. ffyou~ insurance company use~ the standard ACORD form, the canr. eKafion clause (bottom and deietlnE the wor6s, "entl~vor to", and deletin~ the wordin8 after "lelY'. The name of the project ,~,~t be listed unde~ '~'iption of Operations" At a ~ a 30-day w~itttn n?_ tiee of clm~ or_cancellation is requhed If the C~'t;~cate of Insurance on its face does not show on its face the ex~ence of the cov~nge ~ ~ ~ 1B (1)-(6), an m~aorized rei:ne~mafive of the i~an~.~ company must include a lett~ specifical~ statin8 whethe~ items lB. (1)-6) are included or excluded. Wmsd& 3~d ~dl~il~mFY'O0-Ol h~. R~ I 1 .I 3-00 ~p Rink _M~m~ rex= mp~t~ ATTACHMENT F Form 2047E al Ptotecbve and Regulalory Services CERTIFICATION REGARDING FEDERAL LOBBYING O=toher ~gS~ PREAMBLE Federal legislalion. Section 319 of Public Law 101-121 generally prohibits entities fi`om using federally appropriated funds to lobby the executive or legislative brancbe~ otthe fede;a govcmmem Section ~ 19 specifically requires disclosure ol certain lobbying activities A federal govcmmem-wide mme. 'New Resuicllons on Lobbying," published in the Fede~a Cr~ve£ed Awards and Subaward~ - ContraeLs, grants, ~nd cooperative agreemenU over the 5100,000 threshold need (I) certlficalions, and {2) disclosures, il'required the making of any federal gram, the making of any £ederal loan, the entering into of any cooperative agreement, and the execration, confinuafion, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement ' providing any information specifically requested by a federal agency or Congress; prnfexrional and technical services in preparing, submitting or negotiating any bid. proposal or application for a federal contract, grma loan ~,~balty of O~er st~t~ and Federal Requirement~ - Neither the government-wide rule nor the law affect either (I) the appticabiliiy of cost principles m OMB circul~.~ A-g and A-122. or (2) rider~ to the Texas State Appmprlarions Acts which disallow use of state funds for lobbying. TERMS OF CERTIFICATION This c~nification applies only to the imslant federal action for which th~ cerfific, alfun Ls being oblained and Ls a malehal representation of fact upon which reliance wm plumed whe this tmasa~ion wa~ made or entered into. Submission of the certific~ion is a [xemquisite for making or entenng into this tnmsa~:tion imposed by section 1352, title 2.1, IJ~q. Code Any pe~on who faiL~ to file the requtmd cettJficatinn shall be subject to a civi} penalW of not les.* than $10,0~ and not more thma g 100.000 for e~ch such thtlum. The undersigned certifi~, to the bext of hLs or her knowledge and belief, th~ [ No federally approprim~l funds have be~n paid or will be paid, ~ or on behalf o/the undersigm:d, m ~ny pe~on rot' influencing or ;l~.l~p~il~ m ~lfl i~l~e ~1 oI~io~' Or ~loy~ of any agency, a rnemper of Congress, an officer or employee of Cnngless, or an employee of a member of Con~l~ss in connection with tl~ awaedMg of any federal contlr'a~ the making of any fedenll grant, the making of any federal loan, the entering into of any cooperative ag~ement, or the extension, continuation, renewal, amendment, o¢ modification of any federal eonmle% grant, [oma. or cooperaalve agreement, 2. If any fim&s other th~n fe~%~ally ap[m~pei~axl fim~ have be~n pa~d or will be pa/d to any pe~on for influencing Or ai~m.pling to influence an o~c~r or employee of my a~en~ a member of Congl~s, an ol~eer or employee of Congers& or an employee of a m~mber of Cong~ in comle~Aon with thi~ federally fund~l cont/a~ subo:mu'act, ~lthga =mi N~'~e of Contri~or/PofentiM Contester Vendor ID No. or Social SectuSty No. PRS Contract No, Title Signai~u= - Authorized Repm~C'ntal.lve - Dm