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HomeMy WebLinkAboutC2005-150 - 2/22/2005 - ApprovedPage 1 of 8 Weed & Seed Subreclpient Agreement between the City of Corpus Christi and Beautify Comus Christi Association 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 Beautifl/Corpus Chdsti Association, CSubrecipient"), a Texas non-profit corporation, acting through its duly authorized representative. WHEREAS, City has allocated $5,000 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 $5,000 ("Funds") that is designated for use in the Program. The Subrecipient shall submit a Subrecipient Payment VouchedReport, 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. 2005-150 02/22/05 M2005-055 eaut~ CC,~.~oc. WeedSee d Prolec.tedForm dot Beautify C C Association 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 1s~ day of October, 2004, to the 30~ 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 VoucheflReport (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, attomeys, 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 written notice by the insurer pdor to cancellation, intent to not renew, or matedal change of the insurance policies mentioned 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 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 dght. Insurance limits shall be adjusted no more frequently than once per the City's fiscal year. Section 7. Indemnification. Subrecipient agrees that it will indemnify and hold harmless the City, its officers, employees, representatives, and agents (hereinafter, "lndemnitees'~ from and against 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, arise out of, or be caused, either proximately or remotely, wholly or In part, by an act, omission, or negligence on the part of Subreclplent its officers, employees, representatives or agents, Indemnitees, or any of them, acting pursuant to this Agreement with the express or implied invitation or permission of Subrecipient, or on the part of Subreclpient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees engaging or participating in the Program or Services being provided pursuant to this Agreement or when the injury or damage is the 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 invltees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way ar/se from or out of the Services being provided herein by Indemnitees, or any of them, Subrecipient, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including without limltstion, 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. Subrecipient 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 Subreclplent relating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation 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 ar/sing 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 Cdme Act, as amended; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act ("ADA") (1990), as amended; Title DX 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 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 crrY: 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: Beauti~ Corpus Chdsti Association [Subrecipient's Name] Attn: President 545 N. Upper Broadway, Suite 507E [Address] Corpus Chdsti, Texas 78416 (361) 855-2888 (361) 289-2060 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 govemment 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 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 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. 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 during the term of this Agreement, in lieu of the illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. EXECUTI~D IN DUJ~LICATE, each of which shall be considered an original, on the ~day of ATrEST: Armand~ ,2005. CITY//~ORP,~US. CHRISTI Ge~rfge' K. Noe, City Manager, or his designee Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney D AS TO LEGAL FORM 2 March 2005 --' SE~TAIY ~ 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 Corpus Chdsti, a Texas home rule municipal corporation, on Notary Public, State of Texas Pdnted Name Commission expires: Page 8 of 8 SUBRECIPIENT: By: r ~~ Title: ~} ~,-~_~..~-~'~-~ ~, ~-,f'~O ~ STATE OF TEXAS § COUNTY OF NUECES § Thi~instrum~nt wa~ck~owleg~ed before me on /1/~(~' ~ /C// ,2005, by/.)~ ~ ~Z~ ~ ~'i~3' , an authorized representative of Beautify Corpus Chdsti A~ciation, a Texas corporation [t/De of entity], on behalf of said corporation lt/pe o]/J~ nt K','I. , Notary Public, State of Texas Pdnted Name Commission expires: /'~.~' ~"~D--,~' Weed and Seed Grant Program For the City of Corpus Christi, Texas Grant Application Signature Page 1. Name of Applicant Organization: 2. Address of Applic~t 3. TelephoneN~r: 9~- ~ 4. Nme of Pro~d Project: M0 (~ 5. Ad&essofPro~Project: tqG 6. N~eofProject Dkector: ~{ 7. Name of Board/Commission Chairman: {Z~'C)a ck~-d 8. Project Period Beginning: ~O_.~l ~ r~(a~O~4' Ending: Project 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 Comrmttee, shall be deemed incorporated into and become part of the award agreement. 3. The undersigned HEREBY GIVES ASSURANCES THAT be/she will immediately take any measures necessary to effectuate any award agreement. Typed Name and Title of Authorized Official: ~ BEAUTIFY CORPUS CHRISTI ASSOCIATION Pr~k~enL KAr~J Won, dm~l Lan'y ~ Vic~ President Gaylynn Leum~ D~ Cliff BO~t John Crev~lln~ HiroldtM Fox LuM HI~ J~ ~ ~b ~, Sr. R~ ~ C. Klm M~lm ~ck~h ~d au~ ~. ~ V~, D.C. Daiquiri Rlcha~l E xeculJve Dimc[or Apd112, 2005 Mr. Harold Smith WEED & SEED P.O. Box 9277 Corpus Chdsti Texas 78469-9277 Re: Wccd& Seed Grant Program Dear Harold, It is my pleasure to present to the Weed & Seed program, our request for a grant in the amount of $5,000 to facilitate on-going programs in the North Side area. The North Side Manor Apa, b,,ents, a designated Weed and Seed site, has an average of 160 children under the age of 18 who lack worthwhile activities and have little or no meaningful programs to fill each day. There are 120 eparb'nents in the complex end needy 300 residents, of which, half are children. These at-risk youth live in a high crime area that is rampant with drugs, prostitution and other crime. The Beautify Corpus Christi Association proposes the funding of programs to be continued in the North Side Manor Apartments' Community Room, a designated Safe Haven site. By providing on- site programs such as tutodng and fun art instruction as well as collaborating with other agencies, we can make a significant difference in the lives of the youth and adults at the North Side Manor Apartments. The North Side Committee has formed to bring non-profit agencies to the site and make use of free services in the area. Volunteers will provide supervised tutodng instruction for the children and this service will be offered year-round to address the needs of the residents. Programs are scheduled any day of the week and can be offered at any time of the day or evening. The programs are exclusively for the North Side community and are offered at no charge to participants. Programs will be tracked for effectiveness and participation. The programs will be monitored by the Project Director and scheduled for maximum effectiveness. 5,~8 N dpper Broadway S[e 300E Corpus Chrish Texas 78476 Phone (351) 855-2888 www beautifycc erg BEAUTIFY CORPUS CHRISTI ASSOCIATION Rlcl'mrd President Karen vice President Lan'y ~ Vic~ Pre~ent Gaylynn allll~ Secretary L~ur~ Sandm Arl~ pe Belty Black Cliff' Bo~t John Cr~mtlng I-lan:~lne Fo=[ Lula Hlnto~ Su~ Infante ,~ Ka~an Bob Lacy, Sr. RU'dl C. Klm McGulr~ Cry~al Mead Dr. Sim A_ Rmave~, Jr. Rick Klmberly Or. Don Vau~hn, D.C. Dr, Michael Womack Grant funds will provide supplies for art projects and other on-site instruction. It is our belief that by providing on-site programs we can offer the convenience of the~e classes to the greatest number of individuals. Please do not hesitate to contact me with questions or suggestions. I'll look forward to a favorable response in the near future. Thank you! Respectfully yours, Daiquiri Richard, Executive Director Beautify Corpus Christi Association Daiquiri Richard ExeculJve Director 5,~5 N ripper Broadway Ste 3©0E C3rpbs t~hrlsf] f,-3.~as 78.~F6 Phone 13,~ I) 855-2888 www beautifycc org 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. I. 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 effectunle 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. Fumts fi.om this grant will not be u~ed for religious or sectarian purposes. 7. The Applicant will p~mdt and cooperate with any Weed and Seed investigations by assunng 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 requesmd, to participate in any national evaluation of the Weed and Seed irfitiative. Name and Title of Authorized Official: Signature: Date: ~41,, /Oq BEAUTIFY CORPUS CHRISTI ASSOCIATION 2005 WEED & SEED GRANT BUDGET for NORTH SIDE PROJECTS The budget we have requested would provide the funding needed to pay for a portion of the salary for the Project Director that is dedicated to this project. A director is necessary to implement and maintain the various programs and educational opportunities for the residents. The $3,000 request will provide for a time commitment by the Project Director as needed during the year. The supplies for art instruction will be used to purchase the materials needed by professional artists to complete projects with participants and cover professional fees. The $2.000 requested in the budget will purchase materials needed for the art projects and the tutoring program. A fee will be paid to some professional artists to compensate for their valuable time. The $2,000 in funding we have requested will act as an incentive for professional artists as they will be donating a majority of their time and any payment received will be incidental to the value of the project. PERSONNEL 2005 BUDGET Annual Salary # Months % Time Total $40,000 12 10% $3,000 OPERATING Supplies, professional fees $2,000 TOTAL GRANT REQUESTED $5,000 PERSONNEL: GRANT BUDGET Annual Salary # Months % Time klO, O©C, I~L lO*/,, Total Amount ~ 5 ~o00 Toml Requemed ~om W&S FRINGE BENEFIIS: FICA: SI1S: Unempl.lns.: Health Ins.: Other: CATEGORY TOTALS: -0- -0- CONSULTANTS/CONTRACT SERVICES: CATEGORY TOTALS: -0- -0- CATEGORY TOTALS: SUBTOTAL FIRST PAGE COSTS: -0- -0- TRAVEL: In-State: Out-of-S~ate: Total Total Requested Amount from W&S OPERATING: ~ lnvs~m~v CATEGORY TOTAL: -0- -0- :{ lO00 EQUIPMENT: CATEGOTYTOTAL: OTHER COSTS: CATEGORY TOTAL: $o $o CATEGOTYTOTAL: tOTAL GRANT REQUEST: 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. Box 9277 Corpus Christi, TX 78469-9277 The Subrecipient 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 Subrecipient Agreement, Signature Title 1 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS EXHIBIT C This certification is required by the regulations imple~nenting the Drug-Free Workplace Act of 1988:45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) 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 notification of criminal drug convictions. For the Department of Health and Human Services, the central pint is: Division of Grants Management and Oversight, Office of Management and Acquisition, Department of Health and Human Services, Room 517-D, 200 Independence Avenue, SW Washington, DC :20201. Certification Regarding Drug-Free Workplace Requirements (Instructions for Certification) 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3~ For grantees other than individuals, Alternate I applies. 4. For grantees who are individuals, Alternate 11 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 ~nust 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 deparmmnt 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. Deffmitions of terms in the Nonprocurement Suspension and Debarment cotnmon 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 filrther defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by aoy judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal dr~tg statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Certification Regarding Drag-Free Workplace Requirements Alternate 1. (Gras~tees 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 after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (dX2) 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 -- (1) Taking appropriate personnel action agaiost 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 agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ffthere 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 contxolled 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 cen~'al point, it shall include the identification number(s) of each affected grant. Title Organization Exhibit D ASSURANCES I[ possesses legal authority to apply Ior [he grant; thai a resolution, motion or similar action has been duly adopted ar passed as an official act of the applicant's governing body, authorizing [he filing ol the appfication, including all understandings and assurances contained therein and directing and aulhonzieg [he person iden[~led as [he o~cial representative of the applicant to act in connection with [he application and [o provide such additional informalion as may be required. It will comply with requirements of the prows~ons of Ihe Uniform Relocabon A~sistanc~ and Real Property Acquisitien~ Ad at 1970 (P.L 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and 1ederally assisted programs It will comply with provisions of Federal law which limit cedain political ac~vities at employees of a State or local unit ol government whose principal employment is in connection with an ac[ivdy financed in whole or in part by Federal grants (5 USC 1501, at seq.) II will comply with [he minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act ii applicable I[ will establish safeguards to prohibit employees from using their positions 1or a purpose that is or give the appearance of being mohvated by a desire for private gain for themselves or cthers, particuiedy trio,se with whom they have family, busine~, or other ties It will g~ve the sponsonng agency or the CompLreller General, through any authorized representative, acz:~ss to and [he right to examine all records, books, papers, or documents related to the gran[ it will comply with all requirements imposed by the Federal Sponsonng agency concerning special requirements of law, program requirements, and other administrative requirements It will insur~ that [he facihties under its ownership, lease or supervision whmh shall be utilized in the accomplishment of/he project are nol its[ed in the Environmental Protection Agency's (EPA) list ct' Violating Facilities and that it will notify/he Federal grantor agency of the receipt at any communication [rom the Director 01 the EPA Office of Federal Activ~ies indicating that a tacitity ~o be used in the project is under consideration for listing by the EPA. It will comply with the itood insurance purchase requiremenls of Section 102(a) of the Fh3ed Disaster Protection Act at 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976 Section 102(a) requires, on and aher March 2, 1975, [he purchase o[ flood insuranos in communities where such insurance ~s available as a conddlon tar [he receipt of any Federal financial assistance for construction or acquisitie~n purposes for use m any area [ha[ had been identif~d by the Secretary of [he Department at Housing and Urban Development as an area having special F,:~nd haza~s The phrase "Federal financial assistance' includes any form of loan, grant, guaranb/, insurance payment, rebate, subs,:ly, disaster assisl,ance loan or grant, or any other [o~n of direct or indirect Federal assistance. _ Signatur.~'~ OJP FORM 40D0¢3 (Rev 1-93) PREVIOUS EDITIONS ARE OBSOLETE ATFACHMENT TO SF-424 It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation ACt of 1966 as amended 116 USC 470) Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 at seq) by (a) consulting with ihe State Historic Preservation O[flcer on the conduct of investigations, as necessary, Io identity properties listed in or eligible for inclusion in the Nalional Register of His[dec Places [hat are subject lo adverse eCfects (see 36 CFR Part 8008) by the activity, and notifying [he Federal grantor agency of [he existence at any such propert*es, and by (b) complying with all requirements established by the Federal grantor agency ~o avail or mitigate adverse elf, ec:ie 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 o1 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the ~ctims of Crime ACt, as approgdate; the provisions of the current edition of the O~ce of Justin Programs Financial and AdminislraDve Guide for Grants. M71001: and all other applicable Federal laws, orders, circulars, or regulations. 12 It will comply with the provis~ons of 28 CFR applicable to grants and cooperative agreements including Peri 18, Administrai[ve Review Proc~iure; Part 20. Criminal Justice Information Systems; Part 22, Conlideniialkty of Identifiable Research and Statistical In¢ormation; Part 23, Cdminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review ol Department of Justice Programs and Activities; Par[ 42, Noediscdminaedn/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 law~ or regulations applicable to Federal Assistance Programs. 13 It will complyr and all its conLractors will comply with the nondiscrimination requirements of the Omnibus Cdrne Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the RehabilitaUon Act of 1973, as amended; Subtitle A, Title II of the Americans With DLsabilities Act (ADA) (1990); Ti[~e IX at /he EducaUon Amendments of 1972; [he Age Disc~mination Act of 1975; Department of Justice Non-Disc~imination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Depart33~en[ of Justice regulations on disabitity discnminatien, 28 CFR Part 35 and Part 39. 14 In the evenl a Federal or State court or Federal or State administratwe agency makes a hndieg at discrimination al~er a due process hearing an the grounds of race, color, religion, national edgin, sex, or disability against a recipient al~ funds, the recipient will forward a copy of [he finding to the Oh3ce for Civil Rights, O~ce of JusBce Programs, 15 II will provide an Equai Employment Opportunity Program if required to maintain one, where [he application is I'or $500,000 or 16, It wil~ comply with the provisions of the CoasLal Barfler Resources Act (PL. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of me.st new Federal ~unds within [he units of the Coastal Barr~r Resources System. Date EXHIBIT E INS~CE REOUIREMENTS Subrecipient's Liability Insurance Thc Subrecipient rm,~t not commence work under this agreemem until he/she has obtained all insurance requked herein and such insurance has been approved by the City. Nor may the Subrecipient allow any ml~ouh~ctor to cormnence work um51 all similar insurance required of the ~ubcontractor has been so obtained. The Subrecipient mn~t furm~ to the City's Risk Manager, 2 copies of Certificates oflnmrance, 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) ~le to the City's Risk Manager. ~P~ OF IN~UIANC~ ~ INglJRANC~ COlm_,RAGI COMMERCIAL GENERAL LIABILITY mclnai~g: I. Commer~5~ Fmm 3. ~6. $1.000.000 COMRINED SINGI .E LIMIT psr . ADDITIQJqAI. Ce~ title, ate of lnsunu~: The C'W~ ~ C. afl~ C'r~i~ ~ms~ be named as an ~ldi~ imm~d on the l~ii~ coverage, and a bl*-~-~ w~ve~ of subro~ 6on on all applicabl~ policies, ffyour in=,ranc~ company ~ tl~ standard ACORD form, the c~w.~tion elam (bottom fight) m~t I1~ ~ by Illldir~ th~ wordin_a "e. Jl~ or" I:~x'w~ "be" nnd "canceled", and d~l~i~ tim worda, "~zl~avor to", and del~ th~ wording ~ The oftl pmjm must be und "Descrip of Opcration " At ami~in~ a~-d~ywri~._o~ie.~ofchan~or~mcellzfioni~ required. If the Certiticnte of Insurnnce on its face doea not show on its fac~ the eximence of the must izmlude ~ letter :~cifically stating whethm' items I.B. (1)-6) a~e included or excluded. W~nt& 8~dSul~ FY'O0-Oi h~,. ~ rcx~ L~p~,men~ ATTACHMENT F Form 2047E o~ Prot~five ~d }~egmto~y Se,~ice~ CERTIFICATION REGARDING FEDERAL LOBBYING October ~990 /Cenificafion tot Contracts, Grants, Loans, and Cooperative Agreements) PREAMBLE Federal legislalion, .Section 319 of Public Law 101-121 generally prohibits entities fi.om using/~derally appropriated limds to lobby the executive or legislative branebe~ govemmem Section 319 specifically requir~ disclosure of ceriain lobbying activities A federal government-wide rate. ~New Restrictions on Lobbying,' published in the Federa Register. February 26, 1990, requires cerlification and disclosure in specific mslances ~nd defines terms: Covered Awards and Subaward~ - Contracts, grants, and cooperafive agreemenls t)ver the $1(/0.000 threshold need ([) cerfificaPons, and (2) disclosures, if required. certification term number 2 concerning disclosure } thc aw~ding of any federal contract, thc making of any tkderal grant, the making o£any £edcral loan, the entcfing into of any cooperative agreement, and the extension, continuation, renewal, amendmen[ or modification of any Federal comract, gran~ loan or cooperative agreement ' Limiled Use of Approprialed Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own employees with respect to: liaison activities with £ederal agencies and Congress not directly related to a covered [~dcral action; providing any info.nation specifically requested by a federal agency or Congress; professional and technical semices in preparing, submil~ing or negotiating any bid, proposal or application lbr a federal contract, grant loan t~r o3opermivc agn:e~ent or £ot meeting legal requirements conditional to receipt al-any federal contracL grant, loan or cooperative agreement ('l'he prohibition also does not apply to such services provided by nonemployees For the same purposes ) Profe~ional and Technical Servieu - Professional and technical services shall be advice and analysis directly applying any professional or technical expertLse. No~ that proPe&sional and technical services exemption is specifically limited to the merits oftbe mailer. Other Allowabh~ Activlflea - The prohibition on us~ of £¢derally appropdat~ f~nds does not apply to influencing activities not in cormection with a specific covered red,mil acXion Thes~ ~:fivities include thom related to legialalion and mgulaliorLs for a program vel~us a specific covered federal action. Applicability of Other Smt~ end Federal Requlremen~ - Neither the gnvemment-wide rule nor the law afl, ct either (1) the applie~ility of mst pnnciplea in OMB cimulm's A4 and A-122. or (2) riders to the Texa~ S~at¢ Appropriations Acts which disallow use of state fiand~ for lobbying TERMS OF CERTIHCATION Tht~ cz~Hificafion applies only to the instant fede~l action for which thc ccrlification is b~ing obtained and is a maZcfial representation of fact upon which relianc.~ was pinged wbe this trm~aoion was mede or entered into. Submis. sion o£ the certificalion is a prerequisite for malting or entering into this tnmsaefion imposed by section 1352, tide 31, Any person who fails to file the r~quired certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,00~ for each such failure. N~ane of Conh-actor/Potential Contrm:tJor Vendor ID No. or Social SecudW No. PRS Contract No. Name of Authorized Representative Title