HomeMy WebLinkAboutC2005-152 - 2/22/2005 - ApprovedPage 1 of 8
Weed & Seed Subrecipient Agreement
between the
City of Corpus Christi
and
Fighting To Rid Gangs in America Foundation
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 Manage¢'), and Ficihtinq To Rid Ganqs
in Amedca Foundation, ("Subrecipient"), a Texas non-profit corporation, acting through
its duly authorized representative.
WHEREAS, City has allocated $9,241 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 $9,241 ("Funds") that is designated for use in the
Program. The Subrecipient shall submit a Subrecipient Payment Voucher/Report, a
copy of which is attached to this Agreement and incorporated in this Agreement by
reference as Exhibit B, and additional appropriate documentation, as detailed below, to
the City by the last day of each month dudng the term of this Agreement. The
Subrecipient agrees to use the Funds in accordance with the terms and conditions of
this Agreement and in accordance with Subrecipient's general understanding of the
purposes of the Program.
2005-152
02/22/05
~2005-05~ 05 D~.F~ h LlngTo. RJdGa ngs.Amen~.F~.WeedSe~d. Prot~.~d Fo~.~[
Fighting to Rid Gangsin Americe
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~ 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 wdtten 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 yeady basis.
B. Additionally, the Subrecipient shall submit a financial report to the City, through the
Weed and Seed Program, on the last day of each month, that identifies any Funds
expended and attach supporting documentation, such as timecards and receipts, for
those expenditures. The Subrecipient Payment Voucher/Report (Exhibit B) shall serve
as the financial report for Subrecipient.
C. The City reserves the right, upon reasonable notice to the Subrecipient, to have
City's accountants, attorneys, and other agents audit the books and records of the
Subrecipient to ensure the proper application of the Funds for the purpose set forth in,
and in accordance with, this Agreement. The Subrecipient shall participate in the
Weed and Seed formal evaluation by cooperating with the City. The Subrecipient shall
meet with the evaluation team, agree on an evaluation ~rocess, and accommodate site
visits from the evaluation team.
Section 6. Insurance.
A. Subrecipient must secure and maintain, at Subrecipient's expense dudng the term of
this Agreement, a Commercial General Liability insurance policy, from an insurer that
City approves, with the limits and requirements shown on the attached Exhibit E that is
incorporated in this Agreement by reference. The Certificate(s) of Insurance must be
sent to the City's Risk Management Department ("Risk Manager") at least ten (10) days
pdor to the start of services. Subrecipient shall provide the Risk Manager with
Certificate(s) of Insurance reflecting all of the required coverages and shall, upon
request of the City Manager dudng the term of this Agreement, promptly provide the
City Manager with copies of all insurance policies.
B. Subrecipient shall require its insurance policies to provide that the Risk Manager
shall be given at least thirty (30) days advance wdtten notice by the insurer pdor to
cancellation, intent to not renew, or matedal change of the insurance policies mentioned
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in Section 6.A. above. Failure of Subrecipient to maintain the insurance coverage(s)
required by this Agreement shall be cause for the City to withhold Funds, cancel any
and all claims that Subrecipient may have, and shall be grounds for termination of this
Agreement.
C. The City Manager, or the City Manage¢s designee, retains the dght, dudng the
term of this Agreement, to reevaluate and adjust the insurance requirements and limits
specified in this Agreement, The City shall give the Subrecipient thirty (30) days
advance written notice of the City's intent to exercise the right. Insurance limits shall be
adjusted no more frequently than once per the City's fiscal year.
Section 7. Indemnification. Subrecipient agrees that it will indemnify and hold
harmless the City, its officers, employees, representatives, and agents
(hereinafter, "lndemnitees'~ from and against all claims, demands, actions,
damages, losses, costs, liabilities, expanses, and judgments recovered from or
asserted against Indemnitees on account of Injury or damage to person or
proparty 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 part~ by an act, omission, or
negligence on the part of Subrecipient, its officers, employees, representatives or
agents, Indemnitees, or any of them, acting pursuant to this Agreement with the
express or implied invitation or parmisslon of Subrecipient, or on the part of
Subrecipient or any of its agents, servants, employees, contractors, patrons,
guests, licensees, or invitees engaging or participating in the Program or
Services being provided pursuant to this Agreement, or when the injury or
damage is the 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 arfse 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 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 Indemnitees, or any of them, unmixed with
the fault of any other parson or entity. The terms of this indemnification shall be
effective upon the date of execution of this AgreemenL Subrecipient covenants
and agrees that, if City is made a party to any litigation against Subreciplent or in
any litigation commenced by any party other than the Subrecipient relating to this
Agreement, the Subreciplent shall, upon receipt of reasonable notice regarding
commencement of litigation and at its own expanse, investigate ali 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 expanses of any kind whatsoever arising from
any said liability, damage, loss, demand, claim, or action.
Page 4 of 8
Section 8. EPA Compliance. The Subrecipient shall ensure that the facilities under its
ownership, lease, or supervision, which are to be utilized in the accomplishment of the
Services, are not listed on the United States Environmental Protection Agency's ("EPA")
list of Violating Facilities and shall notify the City of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be
used for the Services is under consideration for listing by the EPA.
Section 9. Federal Compliance. The Subrecipient shall comply with the applicable
provisions of Title I of the Omnibus Cdme Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act; and the Victims of
Crime 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 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 forTns 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,
H:\LEG-DIR~Olga R~,Doyte~Park&Rec\We~dS ~ed~2005~)30405 DC. Flght.ir, gTo. RidGangs .America Fou nd We~<lS~. ~.~ F~,dot
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 ovemight 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:
Ficlhtinq To Rid Gan.qs in Amedca Foundation [Subrecipient's Name]
Attn: President
2121 Mary Street [Address]
Corpus Chdsti, Texas 78405
(361) 888-4223
(361) 884-5022 Fax
Section 14. Waiver. Any waiver by the parties of a breach of any covenants, terTns,
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
enfoming 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-governmental 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-
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 wdtten consent of the City.
Section 20. Suspension and Termination. The City may suspend or terminate this
Agreement in accordance with 28 CFR Sec. 66.43, as amended, if Subrecipient
materially fails to comply with any 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.
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B. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective dudng the term of this Agreement, in lieu of the
illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in
terms to the illegal, invalid, or unenforceable clause or provision as may be possible and
be legal, valid, and enforceable, will be added to this Agreement automatically.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on
the I'll'day of ~ ,2005.
-'~e~e ~. Noe, City Manager, or his
designee
AP/~~S TO LEGAL FORM 2 March 2005
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attomey
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on F'.I j~f L~,L
George K. Noe, or his designee
,2005, by
City Manager of the City of Corpus Christi, a Texas home rule municipal corporation, on
behalf of said o~~
Notary Public, State of Texas
Pdnted Name
Commission expires:
H:\LEG-DIRSO~ga F~AD~yie~Park&R~c\WeedS eed~2005~)30405 DC.FighLingTo. RidGa r~s.America. Fou nd.W~e~S~. ~.t~F~.~t
Page 8 of 8
SUBRECIPIENT:
Pdnted Name:
Title:
STATE OF TEXAS §
COUN'FY OF NUECES §
This 'nstrum nt was acknowled ed before me on J~?l I I ,2005,
by f'~¢~ ~C(~I I,c)~' , an authorized representative of Fiqhtin~ To Rid
Ganqs in Amed~ Foundation, a Texas ~ration [~pe of entity1, on beha~ of ~id
comoration rtvpe of entity1.
Notary Public, State of Texas
Pdnted Name
Commission expires: L'~ t'
H :~LEG-DIR~O~g a F~Do,,4e\Park&Rec\WeedS ~d~.005~O30405DC F~ght.ingTo R[dGangs ~Ameflca. F~Jnd.WeedSeed. Protec.t~lForm.dm
Weed and Seed Grant Program
For the City of Corpus Christi, Texas
Grant Application
Signature Page
1. Name of Applicant Organization: Fiv.~htin~ To Rid Gangs In America Foundation
2. Address of Applicant Organization: 2121 Mary Street Comus Christi, TX 78405
3. Telephone Number: (361) 888-4223 Fax Number: (361) 884-5022
4. Name of Proposed Project: Outreach/Community Center: The Foundation
5. Address of Proposed Project: 2121 Mary Street Corpus Christi, TX 78405
6. Name of Project Director: Rene Rodrikmez
7. Name of Board/Commission Chairman:Rene Rodriguez
8. Project Period Beginning: October 1, 2004 Ending:_September 1, 2005
8. Project Summary:_Provide additional staff for after-school and alternative activities at our
outreach and prevention facility. Program shall provide leadership development, life skills
training, substance abuse prevention, gang resistance, computer skills training, art, and
recreational activities.
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 w~th all State and Federal Regulations and restrictions.
2. Aoy proposals for changes to this project as approved and awarded will be submitted in
writing by the applicant and upon notification of approval by the Week and Seed Steering
Committee, shall be deemed incorporated into and become part of the award agreement.
3. The undersigned HEREBY GIVES ASSURANCES THAT he/she will immediately take any
measures necessary to effectuate any a~vard agreement.
4.
Typed ~4qam~ Title of Authorized Official: _Rene Rcdrig','ez, Founde,~'Executive Director
Date:/_03/30/2005
GRANT BUDGET
Total
Annual Salary # Weeks % Time Amount
PERSONNEL:
Three Facilit3' Attendants at
$7_00 Per Hour x 20 hours per week = $140.00
$14000 per week x 22 weeks = $3,080
$3,080x3Attendants 2 ~
$9,240 22 100 $9,240
Total
Requested
from
W&S
$9,240
FRINGE BENEFITS:
FICA:
SIIS:
Unemp].lns:
Health Ins.:
Other:
CATEGORY TOTALS: $9,240
$9,240
CONSULTANTS/CONTRACT SERVICES:
CATEGORY TOTALS: -0-
-0-
CATEGORY TOTALS: -0-
SUBTOTAL FIRST PAGE COSTS: -0-
-0-
TRAVEL:
[n-State:
Out--o[:State:
Total
Amount
Total
Requested
from W&S
OPERATING:
CATEGORY TOTAL:
-0-
-0-
EQUIPMENT:
CATEGOTYTOTAL:
40
$0
OTHER COSTS:
CATEGORY TOTAL:
$0
$0
CATEGOTY TOTAL:
TOTAL GRANT REQUEST:
-0-
$9,240
-0-
$9,24O
RFP FY 03/04
Budget Justification
The $9,240 will be used to hire 3 personnel to work at the Community Center One will
work in the maintenance and custodial areas and the other two will work in the program
areas.
($7.00 per hour X 20 hours per week $140.00)
($140.00 per weekX 22 weeks $3,080.00)
($3,080.00 X 3 persmmel - $9,240.00)
Community Needs Assessment
According to 2002 statistics provided by the Youth Opportunities United (YOU)
Comprehensive Stxategic Plan, population figures indicate that Nueces County continues to have
larger families with fewer working age adults available to provide for the young and elderly.
The 2000 census data indicate that Nueces County grew at a much slower rate than the State as a
whole. Nueces County grew only 7 7% from 1990 to 2000 while the State grew 22.8%. While
the County's population was younger than the State's in 1990, it has aged. In 2000, 11.2% of the
County's population was 65 year old and over while only 9.9% of the State was 65 or over. In
2000, Nueces County had only 60.4% of its population in the 18 to 64 age ranges as workers and
taxpayers compared to 61.9% for Texas. The County has a median household size of 2.79 that is
slightly higher than the State's 2.74. Also, 41.8% of Nu~ces County households have persons
under 18, while only 40.9% of households Statewide have p*rsons under 18_ With lower
household median income than the State ($34,478), Nueces County ($29,198) has more families,
adults, and clxildren in poverty. Nueces Cbunty families must try to support more people with
less income. Family and community resources in terms of actively working adults and family
community funds are less available to deal with risk factors in this community than in others.
Economic Deprivation
Nueces County clearly demonstrates worse economic conditions than the Nation or the
State. One way of looking at economic deprivation is through the use of per capita income
figures. In 2000, per capita income for the Nation was $29,469. For Texas, it was $27,752. It
was only $9,~ .al3 for Nueces County. Therefore,
in 200rt.~h~t ~er capita income in Nueces County
was only 86.5% of the State figure and 81.5% of
the National figure.
The per capita income information means
that the smaller number of wage earnem in the
community make less than those in other parts of
the State. It becomes obvious that with more
Per L pita Income
dependents and fewer dollars, families in the community are likely to be under greater economic
stress.
Unemployment in the County has historically been higher than State levels. It is possible
to demonstrate this with data extending back more than forty yea.rs. More recently, from 1993 to
2001, State unemployment dropped 2.2 percentage points for an improvement of 31.4%. For the
County, unemployment dropped 3.1 percentage
Percent Unemployed points for a 35.6% improvement. Since 1993,
'" : ~ the County unemployment rate remained about
',,~' -- State.2 percentage points higher than that for the
' · However, in 2001 the County reported
,,,, ,,,, ,,,, ,,, ,,,, ,,, ,,,, ,,,, ~,,, an unemployment rate of 5.6% a difference of
only 0.8 percentage points fi-om the State.
Unemployment for Nueces County remains higher than the Nation and State but the gap appears
to be shrinking.
The proportion of families living below the poverty level has been gradually decreasing
for the Nation and the State. In Nueces County, the proportion of families living below the
poverty level has increased by 1.5% or a difference of 7.2% between 1989 and 1999 figures_
The poverty level remained at that point, 22.3% in 1999. The proportion of families in poverty
for Nueces County in 1999 was 35% higher than that for the State. The number of families and
children in poverty has increased in Nueces County since 1989, while it has decreased nationally
and statewide.
Family Management & Famu, Conflict
Family Management Problems and Family Conflict are confirmed by higher County rates
of family violence, higher rates of child abuse victimization, and higher divorce rates in
comparison to the State.
Over the long term, the number of family violence reports has been increasing in the
State, County, and city. From 1993 to 2000, family violence reports increased 12.5% in Texas.
From 1993 to 1997, family violence reports increased 92.4% in the City of Corpus Christi.
However, fi-om 1998 to 2001 the number of domestic violence reports has steadily been
decreasing in Corpus Christi. Unfortunately, the rate of confirmed victims of child abuse Nueces
County was double that of the State in 2001.
Connected to this is a dramatic increase in
the rate of fa.truly violence reports in Nueces
County as compared to the State. According to
the Crime in Texas Report, in 1995, the rate of
family violence reports for the State by 1,000
population was 9.2, but for Nueces County it was
10.0. From 1995 to 2000, the State rate of family
Rate of Family Violence Reports
to Police per 1,000
violence decreased_ However, in Nueces County the rate increased. By 2000, the State rate of
family violence reports had dropped to 8.4. In the County, the rate increased to 14:4 in 1999 and
dropped slightly to 14.0 in 2000.
Even though the numbers are decreasing, domestic violence remains a serious problem
due to the fact that County rates are still much higher than the State. With Nueces County's
population increasing at a slower rate, but. family violence increasing at a higher rate than the
State, the data_ show an increasing gap ill these figures. Very clearly, family violence affects a
greater proportion of Nueces County residents than residents in other Texas Counties.
Education
In a 1996 study, the longitudinal dropout rate for Texas was 9.1%, while for CCISD it
was 13.4%. In a 2000 study, the longitudinal rote for Texas dropped to 7-2% and for CCISD it
dropped to 7.7%.
TPUANCY ~
Truancy appears to be declining in the
State and Nueces County. r,,,a 1995 to 2000,
truancy reports declined 27.0% in the State. For
Nueces County, truancy r~:>orts declIned 77.1%
from 1995 to 2001. Data on official arrest and
referral to the Juvenile Department indicate that
truancy has been dropping for the past several
years in Nueces County. Data from the Corpus Christi Municipal Court showed a decrease in
truancy violations fi.om 1999 to 2001. In 2001, only 1,127 violations occurred_ That number has
decreased to 467 in 2001.
However, the data from the YOU Middle School/Junior High Student Survey - 2000,
indicates that truancy remains a sizeable problem. Students were asked on how many days had
they missed a whole day of school because they "skipped." A total of 22.6% reported that they
had skipped at least one day in the previous year.
Juvenile Am'eats
Juvenile arrests for violent crime in the State dropped 42.2% from 1993 to 2000. In
Nueces County, juvenile violent crime arrests have dropped 23.8% fi.om 1993 to 2001.
According to the Nueces County Probation Department, juvenile violent crime offenses had
increased 76.2% fi.om 1993 to 1995 before declin/ng to the present level. The 2001 figure
remains 20.4% higher than the number ofjuverdle violent crime arrests in 1990. While juvenile
violence appears to be declining after a peak, the problem ha~q not returned to the lower levels
reported at the be~o/nning of the decade_
Violence arrests for the 10 to 14 age groups have declined in the State and County_
Arrests declined fi.om 1995 to 2000 by 30.5% in the State. According to the Nueces County
Juvenile Probation Depa~ hnent, violent offenses declined 35.7% for Nueces County fi.om 1995
to 2001. When exanlinlng the data fi.om the Texas Uniform Crime Report, violent arrests
increased 13.4% between 1997 to 1999 for Nueces County but decreased 14.0% fi.om 1999 to
2000.
However, when all arrests are co~_:::qered, Nueces County has a higher rote of arrests of
10 to 14 year olds than the State or blati,~n. ~. recent National Institute of Justice report indicate
that 10 to 14 year olds made up 32% of all juveniles arrested in 1996. For Texas, the proportion
was 38%, and for Nueces County it was 41%. When limited to 10 to 12 year olds, the National
proportion was 9%_ For Texas, it was 8.6% and for Nuecm County it was 9.6%. This is clear
evidehce that probl~a'~ behaviors begin earlier in the ~,~ardry -~compared rathe State.
Arrests of juveniles in the 10 to 14 age group for property crimes have declined In the
State and County. For the State, arrests declined fi.om 1997 to 2000 by 28.8%. Arrests declined
49.2% for Nueces County fi.om 1997 to 2000.
The abuse of alcohol and drags among the adult population m Nueces County appears to
spill over to the problem behaviors of the juveniles. The juvenile data suggest that the behavior
of the juveniles in regard to alcohol and drag use mirrors that of the adults in Nueces County.
Arrests of juveniles in the 10 to 14 age group for drug abuse violations have increased in
the State and County. From 1995 to 1999, arrests for these offenses increased 24.7% in the
State, however, there was a slight decrease of 1.2% fi.om 1999 to 2000. According to the Nueces
County Juvenile Probation Department fi.om 1993 to 2001, arrests for these offenses increased
100% in Nueces County.
Arrests age 10 - 14
Drug Offenses
.
Icn Nn~-~s Co. mt7 I?mb~Ol ~ Offe a~l I
The YOU survey data indicate that Nueces County students begin their participation in
the problem behaviors of drug and alcohol use at an early age. The YOU survey indicates that
16% of the students began their use of drugs or alcohol at age 10 and an additional 29.6% began
by pge 13. Of those students responding to the survey, 17.8% report atte~nding school under the
-in'lueace of alco_hol or drugs at least one or more days in '"": 3chool year. _The students' drug
and alcohol use also lead~ to trouble with teachers, police, and fi-lends. In regards to teachers and
police, this trouble occurs more fi'equently among Nueees County students than is reported by
students statewide_
Sigcfificantly, juvcnile~ oatem~g Texas Co.mmissionaxLA leohnl and Drug Abuse _ _
(TCADA) funded ~'eatment for drug abuse in the County have tended to report their first use of
alcohol or marijuana at an earlier age than the rest of the State. For example, the average age of
first use for juveniles entering treatment in Nueces County was 8 for alcohol and 11 for
marijuana in 1996. For both of these substances, the State figure was 12 years of age. The
average age in 2000 in Nueces County was 12 for both of the substances, but it was 13 for
State. However, 2001 was the first year in the past five years that juveniles in the County
reported starting their fast use of alcohol at a later age as compared to the State.
Teen Pregnancies and Sexual Abuse
Adolescent pregnancies, sexually transmitted diseases and sexual abuse of children
appear to be a ga-owing problem in Nueces County. When examining adolescent pregnancies and
sexually transmitted diseases Nueces County has a higher rate than the State.
Adolescent pregnancies appear to be a significant problem for Nueces County when
compared to the State. The proportion of live births that were to mothe£s under 18 years of age
in the State has remained about 6.9% over the 1994 -1996 time period.
Percent of Births to Mothers <18
The figures for Nueces County have varied from a
low of 7.8% in 1994 to ahigh of 9.7% in 1995.
The 1995 high placed the County as first in the
State for births to teen mothers_ The 9.3% figure
for 1996 indicated that Nueces County had the
highest proportion of births to this age group
among the 9 most populated counties in the State.
Even though the rate of adolescent pregnancies in Nueces County appears to have slightly
decreased for each year between 1995 and 2000, the annual rates are still higher than those for
the State.
As found in tho,d'~ia ~n child abuse reported elsewhere, children are also ,,;,'qmized sexually.
These victimizati~,~l :nay cause pregnancy and may spread sexual transmitted ' ~eases.
According to the YOU M~ddle/Jumor High School 2000-Survey, 4.3°4 of students in Nueces
County who were surveyed reported that they were forced to engage in unwanted sexual
behavior by someone they didn't know. Another 5.2% reported being forced to engage in
unwanted sexual behavior by a casual acquaintance, and II .7% reported being forced by -
someone they knew well.
6
1. Problem Statement
The Weed and Seed Target Area including census tracks 4, 5, 6, 8, 9, 10, 11, 12, 13, 15,
16.01, 16.02, 17, 15.01, 35, 36.01, 36.02, and 36.03 which, according to the 2000 Census,
comprise a population of $4,276 residents/n the City of Corpus Christi. This represents almost
~,venty percent of the total population in the city. The residents within the target are primarily
Hispanic (73.71%) and African-American (7.16%). Comparatively, the Hispanic population
represents approximately 54% and the Afi.ican-American population represents approximately
5% of the total population of the City or'Corpus Christi. The heavily weighted minority
population in the Weed and Seed Target area represents the more disenfranchised members of
our community, which are often considered susceptible to dangers of drug abuse, violent crime
and gang involvement.
Adult Alcohol & Drug Use
Accord/rig to a study conducted by the Texas Commission on Alcohol and Drug
Abuse in March of 2001, almost 90 perce~t of adults reported having used drugs at some time
during their lives, while almost 70 percent had used tobacco products and 4 percent had tried
inhalants. Almost 40 percent of adults reported that they had used an illicit
substance. The most prevalent drug was marijuana. About 12 percent have used powder
cocaine and a similar percentage used uppers (primarily pills and speed)_
Men are substantially more likely than women to have used alcohol, tobacco or
other drugs in the past year. Ach.tim under the age of 25 were the most likely to use any
substance, wh/le those over 35 were the least likely. The Hispanic population had the
highest rates of cocaine use.
Among all adults, past year use of ta3acco am:¥aleohol and heavy drinking remained
stable between 1:996 and 2000. However, ~ast-year u~e 6fillicit chugs increased somewhat, fxon,
7.3 percent in 1996 to 9.4 percent in 2000, the highest level recorded since the first TCADA
survey was conducted in 19118. A significant increase was observed in the past-year use of
marijuana, which rose fi.om 6 percent to 7 percent between 1996 and 2000. Si~ificant increases
were also noted for uppers, downers, and opiates other than heroin, each of which rose fi.om
about 1 percent to 2 percent. The largest increases in drug use occurred among adults younger
than 25, among whom illicit drug use increased fi.om 22 percent to 28 percent.
Adult alcohol related arrests appear to have declined in the State. From 1995 to 2000,
alcohol related arrests declined 7.3% in Texas. In Nueces County, from 1995 to 1999 alcohol
related arrests declined by only 4.6%. However, most recently that ~'end has reversed. From
1999 to 2000, au increase of 4.7% occurred.
Nueces County sales of alcoholic beverages have remained relatively stable. Gross total
liquor store sales for Corpus Christi MSA increased only 1.07/o from 1993 to 1999. Nueces
County annual sales tax receipts for mixed beverages increased 25.4% fi'om 1993 to 2001.
Adult arrests for 6rug abuse violations appear to have increased 9.9% in the State fi-om
1997 to 1999 but slightly decreased 0.5% from 1999 to 2000. However, in Nueces County, a
steady increase has been demonstrated. From 1997 to 2000, drug abuse violations increased
15.3%. Disturbingly, statewide data reported in 1990 indicated that 40% of mothers used
alcohol or drugs within the year of pregnaucy and 28% used alcohol or drugs during pregnancy.
The behaviors of drag and alcohol abuse are strikingly clear. It is likely that these adult
behaviors are sending a powerful message to the ckildren of Nueces County.
Youth Alcohol & Dru~ Use
The YOU Survey 2000 data indicate that Nueces County students begin the/r
participation in the problem behaviors of drug and alcohol use at an early age. The YOU survey
indicates that 16% of the students began their use of drugs or alcohol at age I 0 and au additional
29.6% began by age 13. Of those students responding to the survey, 17.8°A report attending
school under the influence of alcohol or drugs at least one or more days in the school year.
The data in regard to juvenile drug and
Arrests age 10 - 14 alcohol arrests and arrests of juveniles in
Drug Offenses
the I0 to t ~ ,"3e groups demonstrates drugs and
alcohol use 2~ a serious problem in Nueces County.
Arrests of juveniles in the 10 to 14 age
group for drag abuse violations have increased in
io,.,.-c...,,,,,,,,,..,.,,-o,,.,.,I the State and County. From 1995 to 1999, arrests
for these offenses increased 24.7% in the State with a slight decrease oTI.~./oo k-~m~19rJgl:o~2000..
According to the Nueces County Juvenile Probation Department data from 1993 to 2001, showed
that arrests for the 10 to 14 age group increased by 100% in Nueces County. The tn'end is similar
when examining all juvenile arrests for drug abuse violations in Nueces County.
Juvenile alcohol related arrests also seem to be a significant problem. Juvenile arrests for
alcohol related violations fi-om 1995 to 1998 increased by 19.6% in the State but decreased by
14.7% from 1998 to 2000. The County juvenile alcohol related arrests demonstrated a 57.2%
increase from 1995 to 1999 more than double that of the State, but showed a decrease of 24.4%
fi-om 1997 to 2000.
Juvenile arrests for drug abuse violations
from 1993 to 1997 increased 88.9% in the State
Juvenile Arrests for Drug Offenses
but fi-om 1997 to 2000 a decrease of 10%
occurred. According to the Nueces County
Juvenile Probation Deparanent, between 1990 and
2001 juvenile drag offenses have increased 441%
for Nueces County. A decrease of 11.7%
occurred fi-om 1999 to 2001.
Drug Uae 8th Graders
Based on the YOU survey data, drug
and alcohol use is a serious problem among 8t~
graders in Nueces County.
In comparison to State and National
survey data, greater proportions of Nueces
County students report use of most forms of
alcohol and drugs, Fewer Nueces County
students report use of inhalants. For beer and uppem Nueces County students report very similar
use compared to students statewide. For all other drugs, Nueces County students report
disturbingly higher levels of use.
For Texas,tl~,: tuber of juveniles in chug treatuaent facilities funded ~ ': TCADA ,,
increased 75% fi'lffi~ ,, ,,3 to 1999 but dropped 14.7% from 1999 to 2001. N~_ i.s County '
recorded a significant increase of 272.5% fi-om 1995 to 1998 but fi-om 1998 to 2001 a drop of
51.9% occurred, The significant drop in 2001 may reflect a reduction in funding to the County
rather than a difference in juveniles needing treatment.
The problems associated with alcohol and drug use identified bytbe study condm, t=d by
the TCADA underscores the need for a Anti-Drug/Alcohol Abuse program. The need is greater
in the Weed and Seed Target Area due to the predominance of multiple barners facing the
residents of the area. Programs that offer alternate activities for both adult and youth residents
are in demand in excess than the current supply.
2. Goal of the Project
Although Fighting To Rid Gangs In America Foundation is located in Census Tract 10
(Site II West) within the Weed and Seed target area, we are located in the heart of the "barrio"
at 2121 Mary Streetjust a few blocks away from Site I North. Indeed, we provide service
throughout the community. Our Census Track area has a total population of 3,821. The
residents within this area are primarily Hispanic (90.70%) and African-American (3.45%).
Fighting To Rid Gangs In America Foundation has been desi~onated as a Safe Haven by the
Weed and Seed Program, is proposing a unique program that has a proven track record of
success. In order to combat the gang, substance abuse, and crime problem among adolescents,
we propose to provide prevention services, develop skills, self-esteem, and self-rel/ance among
at-risk youth and increase educational attainment. We plan to address the following four risk
factors:
a.
b.
Extreme economic deprivation~
Fum!ly management problems and family conflict,
c. Early academic failure and lack of commitment to school, and
d. Early initiation of the problem behavior_
The goals of the project are in line with the overall sta'ategy of the Weed and Seed
Program of encouraging individual, family, and neighborhood self-sufficiency. Our specialized
approach to the four aforementioned risk areas among adolescents is unique in the prevention of
- ~,~ta.nce abuse, in developing life skills, self-esteem, a-a =elf-reliance and in increasing the : ;~
,_4u,;ational attaitxment and achievement among target a, - -esidents. Our prevention model ~
economic enhancement model includes alternative activities, substance abuse prevention
education, and job preparation and life slcills. Our Foundation, located at 2121 Mary Street,
has several classrooms, a 25 station Computer Traimng Lab, and a fully equipped gym for after
scho6I act~Mties. - -
The Foundation is working in partnership with the Weed and Seed Outreach Office,
Nuecos County Sheriffs Depaxtment, Project Spotlight, Adult Probation Department, Nueces
County Juverfile Probation Department, Workforce Network, Inc., National Hispanic Institute,
10
Corpus Christi Independent School District (CCISD), Youth Continuum of Care Coalition
(YCCC), and our own prevention and outreach programs that target at-risk youth.
Transportation for students to the Center can be provided by the Foundation's "Kids Bus",
CCISD or the RTA. In addition, our staffprovides substance abuse, HIV prevention
education, and career and leadership development through a multi-year contract with the Texas
Commission on Drags and Alcohol Abuse. Foundation facilitators and caseworkers will
provide notice of the program activities. Our goal is to serve a minimum of 500 unduplicated
students ages 7 to 17 years of age in at least one of the activity components offered. We also
plan to involve parents in family/nvolvement activities.
3. Objectives
Our objectives include serving a minimum of 500 at-risk youth who reside in census
tracts 4 though 18.01. At-risk youth will be identified based on our assessment, which will
include family environment, school attending, grade level, problem behaviors, and at-risk
variables such as poverty, single parent family, uxtancy, drug abuse, gang activity, crime
record, conduct disorders, and acculturation problems.
Families of at-risk children will also be encouraged to attend activities at our
Foundation where we will provide classes in life skills for economic enhancement, family
conflict resolution, and substance abuse prevention services. We encourage parents to
come to the Foundation in an effort to spend quality time with their children and have an
opportunity to parent training sessions.
4. Strategies or Methods to be Used: Grant Period - August 1, 2003 to July 31, 2004
A. Our after school program will operate at the Foundation from 3:00 p.m. to 6:00
· '.t,, ~;~. Monday through Friday. These are the most cmcia~ mmrs for statistically
this is the time when teens commit a great number of crimes~ Youth will engage
in our basketball and volleyball program~, which both entail forming teams,
learning teamwork, and the basics of basketball and volleyball. Other activities
will ktvo!ve life skills development, substance abuse prevention, m~naging .
family conflict, overcoming economic hardship through resource assistance, j ob
skills tra.ming, computer training, career development, a commilment to school,
and early intervention of problem behav/ors.
11
Fighting To Rid Gangs In America Foundation has very successful boxing
program. Our Puro Gallo Boxing Club currently has a stable of 40 male and
female boxers ranging in age from 6 to 35. The club is open Monday through
Thursday from 5:00 p.m. to 7:30 p.m..
The Foundation will be open at least 10 Saturdays throughout the school year
from 8:00 mm. to 5:00 p.m. for alternative activities.
A more intensive program will be offered during the summer months. Classes
and program activities will be offered through various summer clinics Monday
th.rough Friday, from 10'00 a.m. to 3:00 p.m.. All classes will be coordinated and
supervised by Foundation staff. The following clinics are planned, Boxing,
Volleyball, Weight Tr~inlng, Creative Arts, Swim Program (off site), and
Computer Learning (internet and basic desktop applications).
Summer classes will be offered in life skills, computer skills, self-esteem
building, substance abuse prevention, career exploration, job preparation,
work experience, gang resistance, goal setting, conflict resolution, tobacco
cessation, H1V education, and teenage pregnancy prevention, and
acculturation by our facilitators. Fighting To Rid Gangs In America
Foundation facility is equipped with classrooms and a regulation size
gymnasium, including a complete weight lilting facility, boxing ring,
showers and bathrooms.
5. Target Population
The target population includes a minimum of 500 unduplicated at-risk youth and
their families. Services wil:i2~ ovided primarily to at-risk youth and families in ~ ,: us
tracts 4 through 18.01. Th~ ~'c,~d and Seed population will be served by Weed ano ~ed
funding and, if permitted, by other funding services as needs are identified.
6. Continuation and Replication
The beauty of the Fighting To Rid Gangs In America Foundation's program m~eI
is that given the funding we can continue to provide a wide array of services to at-risk
youth and their families through this program. Additionally, this program model can be
easily replicated with the appropriate facilities.
12
7. Expected Benefits to Individuals and Families and Self-Evaluation Methods
Adolescents served through our proposed program will be better prepared to stay in
school, avoid drug use, cooperate with their families, and understand family dynamics. In
addition, their self-esteem and confidence will enable them to become successful in the
world of work. They will develop life skills that will enable them to meet the challenges of
life in and out of school and the work place. Our program is based on nationally accepted
curriculums and targets the times when at-risk youth tend to be idle.
Program effectiveness will be measured by overcoming at-risk barriers by youth
and their families. The ultimate goal is for school-aged youth to remain in school, remain
drug free, and work with family members as a team to ensure success.
The Foundation Services Eva/uation Process will measure our success in effectuating:
A. Substance Abuse Prevention
B. Prevention Education for Parents
C. Prevention Education for Youth
D- Job Readiaess Training
E. Money Management Training
F. Parenting Classes
G. Life Skills Development
H. Minors and Tobacco Workshops
I. Teenage Pregnancy Education
J. Gang Resistance and Avoiding Peer Pressure
K. HIV Education
L. Conflict Resolution
M. Career Exploration Awareness
N. GoaJ Setting
O. Self-Esteem Building
P. Summer Clinic Activities
Q.
Work Experience for Youth (WIA & TANF) Wor~d'orce~Programs
t3
Fighting To Rid Gangs In America Foundation
History and Capability
Fighting To Rid Gangs In America Foundation (hereinafter "Foundation) is a 501-c-3
non-profit, established to address the needs of at-risk youth and their families. The Foundation is
dedicated to providing prevention and intervention services to at-risk youth and their families.
The Foundation has also focused a majority of its time and resources on alternative activities for
middle and elementary school children. The Foundation has been ~lassified as a "Safe Haven
Facility" by the Weed and Seed Program.
The Foundation began its efforts by targeting youth at Cunningham Middle School in
1994. At that time Cunningham had the lowest TAAS scores in the State, a serious gang/graffiti
problem and a high absenteeism rate. With the co-operation of the Cunningham staff the
Foundation commc'rlced several programs aimed at addressing these serious problems.
In January of 1996, the Foundation established a partnership w~th the Diocese of Corpus
Christi to utilize the Arch Bishop Oscar Romero Middle School as an activity center for at-risk
youth and their families. The Foundation also provides prevention services under the auspices of
a grant fi.om the Texas Commission on Alcohol and Drug Abuse that targets adolescents ages 7
to 17. Currently, the Foundation provides youth services in seven counties in the Coastal Bend
including Nueces, Kloberg, Brooks, Dural, Live Oak, Kenedy, and Jim Wells. All our program
staffhave college degrees and are certified in "Sffengthening Families curriculum" provided by
Texas Ethnic Minority Substance Abuse Training Institute (TEMSAT1). The Executive Director
holds a B.A. in economics from the University of Texas at Austin_ The focus of our prevention
services is to provide alternatives for at-risk youth to deter them from gangs, criminal activity,
and substance a_hus_e behavior, in addition, an integral part of our philosophy and programming
is to work directly with at-risk parents, offer viable mining and enhance their quality of life.
Our program is unique in that it offers adolescents a Life Management Model that addresses their
at-risk behaviors and needs. The model includes the cognitive development of a positive
lifestyle revolving around values, attitudes, beha¥ior~, perceptions, cultural awareness~, flame of
reference, norms, and socioeconomic status and how to enhance each.
The Foundation shall also provide services under grants from the Texas Workforce
Commission through Workforce Network, Inc. that will address youth career preparation and
work experience. Under th/s program staff will provide several services including career
exploration, career preparation, job readiness skills, work experience, job shadowing, conflict
resolution, self-esteem building, and goal setting classes.
According to the '97 School Census, of approximately 40,000 children, an estimate
20,000 or 50% are at-risk in at least one of the following categories:
1. Poverty;
2. More than 3 unexcused absences;
3. Substance abuse;
4. Conduct problems in school;
5. DWI or alcohol record;
6. Gang participation;
7. Smoke tobacco products (gateway drugs);
Having substance abuse parents;
9. Poor grades in school; and
10. Problems ia the home environment.
2
Weed and Seed Grant Program
For the City of Corpus Christi, Texas
PROGRAM ASSURANCES
The applicant, by signature of the authorized official below, hereby provides the following
assurances regarding any grant, which may be received by the applicant under the Weed and
Seed Program.
1. Any proposals for cha~ges 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 ail 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 Apphcation, 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 fi.om this grant will not be used for religious or sectarian purposes.
7. The Applicant will permit and cooperate with any Weed and Seed investigations by assuring
the availability of all records and the availability and cooperation of staff.
8. Applicants will be required to cooperate, at no cost to the grantee, with local and federal
representatives from the Weed and Seed Project who will conduct a comprehensive evaluation of
all Weed and Seed activities in the City of Corpus Christi Weed and Seed targeted
neighborhoods. Additionally, applicants must agree, if requested, to participate in any national
evaluation of the Weed and Seed initiative.
Name and Tit, je of Authorized Official: _Rene Rodriguez, Founder/Executive Director
£
Signatur~
Date: 103/30/2005
EXHIBIT B
WEED & SEED PROGRAM
Subreclplent PAYMENT VOUCHER/REPORT
Reimbursement Request for the month of:
Date Submitted:
Aqenc¥ Name and Address:
Amount
Program Name:
Description of Expenditure:
Please attach copies of payroll documentation and receipts to support expenditures
itemized above.
Return to:
Weed & Seed Program
P.O. Box 9277
Corpus Chrtstl, TX 78469-9277
The Subreclpient certifies that (1) the above expenditures were actually incurred and paid
for by the Subreclpient; (2) the above expenditures were Incurred In accordance with the
Weed and Seed Program Subrecipient Agreement; and (3) the Subreclpient is in
compliance with and not In default under the Weed and Seed Program Subrecipient
Agreement.
Signature
Title
1
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
EXHIBIT C
This certification is required by the regulations implementing the Drug-Free Workplace Act of
1988:45 CFR Part 76, Subpart, F. Sections 76.630(c) and (d)(2) and 76.645(a){1) and (b) provide
that a Federal agency may designate a central receipt point for STATE-~hrIDE AND STATE
AGENCY-WIDE certifications, and for notification of criminal drag convictions. For the
Department of Health and Hmnan 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 Drag-Free Workplace Act, the
agency, in addition to any other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies.
4. For grantees who are individuals, Alternate I1 applies.
5. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all kno~vn workplaces constitutes a violation of
the grantee's drug-free workplace requirements.
6. Workplace identifications must include the actual address of buildings (or parts of buildings) or
other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all
vehicles ora mass transit authority or State highway deparanent while in operation, State
employees in each local unemployment office, performem in concert halls or radio studios).
7. If the workplace identified to the agency changes during the performance of the grant, the gnmtee
shall inform the agency of the change(s), if it previously identified the workplaces in question (see
paragraph five).
8. Def'mitions of terms in the Nonprocurement Suspension and Debarment common role and Drug-
Free Workplace common rule apply to this certification. Grantees' attention is called, in particular,
to the following definitions from these vales:
2
Controlled substance means a controlled substance in Schedules 1 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 any judicial body charged with the responsibility to determine violations oftbe Federal
or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their
impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary
persoimel 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 1. (Grantees Other Than Individuals)
The grantee certifies that it will or will continue to provide a drag-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 at~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 coavicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted --
3
( I ) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as alnended; 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 perforinance 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 [rom 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.
Exhibit D
ASSURANCES
It possesses legal authority lo apply rot the grant; [hat a
resolution, moedn or similar action has Peen duly adopted or
passed as an official act of [he applicant's governing body,
au[honzffig /he filing of the application, including all
understandings and as~uranoes contained therein, and directing
and authorizing [he person ~den[~:~d as the official representative
of the applicant to act in connection with the application and [o
provide such additional information as may be required
2. g will comply with requiremenls of the provisions o1 the Uniform
Relocal~on Assistance and Real Property Acquisitions Act of 1970
(P.L 91-646) which provides [or fair and equitable [realmenl of
persons displaced as a resull of Federal and federally-assisted
programs
I[ will comply with provisions of Federal law which limit cedain
political activities of employees of a State or local und of
government whose principal employment is in connection with an
activity financed in whole or in part by Federal grants
(5 USC 1501, at seq.)
I[ will comply with the minimum wage and maximum hours
prows~ons oi' [he Federal Fair Labor Slandards Act if applicable
It will establish saleguards to prohibit employees from using their
positions for a purpose [hat is or give the appearance of being
motivated by a desire for private gain for themselves or others,
pad~culady those with whom they have family, business, or other
ties
6
I[ will give the sponsoring agency or the Comptroller General,
through any authorized representative, access [o and the right 1o
examine all records, books, papers, or documents related [o the
grant
It will comply with all requirements imposed by the Federal
Sponsoring agency concerning special re~luirements of law,
program requirernenls, and other admiffistralive requirernenta.
It will insure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the
project are not itsted in Ihe Environmental Protection Agency's
(EPA) list of Violating FadlitJes and that it will notify the Federal
grantor agency of the receipt of any communication from the
Director Of the EPA Offioa of Federal Activihes indicating that a
fac~hly to be used in the project is under consideration for listing
by the EPA.
It will comply with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973.
Public Law 93-234, 87 Stat. 975. approved December 31, 1976
Section 102(a) requires, on and al~er March 2, 1975, the
purchase of flood insurance in cz:,mmun~es where such insurance
is available as a condition for the receipt of any Federal ~nancial
area that had been ~lentifled by the Secretary of the Department
at Housing and U~an Development as an area having special
I]o~d hazards The phrase "Federal finanrJal assistance" includes
any form o~' loan, grant, guaranty, insurance payment, rebate,
subsidy, dlsastar assistance lean or grant, or any other form of
direct or indirect Federal assistanc~
OJP FORM 4000/3 (Rev. 1-93) PRE%/IOUS EDmONS ARE OBSOLETE
ATTACHMENT TO SF-424
It will assisl the Federal granlor 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 sod) by (a) consulting with file State Histonc
Preservalion Officer on the conduct o1 investtgallens, as
necessary, to identify properties listed in or eligible for inclusion
In the National Register of Historic Placas that are subject to
adverse effects (see 36 CFR Part 800.8) by the activity, and
notifying the Federal grantor agency of [he existence at any such
properties, and by (b) complying with all requirements established
by Ihe Federal grantor agency to avoKI or mitigate adverse effects
upon such properties.
11.
12.
It will comply, and assure the c~mpliance of all its subgrantees
and contractors, with the applicable provis~ons of '~tle 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 Cdme Act, as appropriate; the provisions of the
current edition of the Offlc~ of Justic~ Programs Financial and
Administrative Guide for Grants M71001; and all other
applicable Federal Paws, orders, circulars, or regulations.
It will compty with the provisions of 28 CFR applicable to grants
and cooperalive egreemenls including Part 18, Administrative
Review Procedure; Part 20. Criminal Justic~ Information
Systems; Part 22, ConfldentialA7 of Idenhfiable Research and
Statistical Information; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42,
Nondiscdminaedn/Equal Employment Opportunity Pol~es and
Procedures; Part 61, Procedures for Implementing the Nallonal
Environmental Policy Act; Part 63, Floodplain Management and
Wetland Protection Procedures; and Federal law~ or regulations
applicable to Federal Assistance Programs.
It will compty, and all gs contractors will comply with the
nondiscrimination requirements of the Omnibus Crime Control
and Safe Streets Act of 19~0, as amended, 42 USC 3789(d), or
Victims of Cdme Act (as appropriate); TCde VI of the Civil Rights
Act of 1964, as ama nded; Section 504 of the Rehabilitation Act of
1973, as amended; Subtitle A, Title II of the Ameedans W~th
Disabilities Act (ADA) (1990); ~qtle IX of the Education
Amendments of 1972; the Age Discrimination ACt of 1975;
Department of Justice Non-Discdrninatien Regulations, 25 CFR
Part 42, Subparts C, D, E, and G; and Department of Justice
regulations on disability discrimination, 28 CFR Part 35 and Part
39.
14.
In the event a Federal or State court or Federal or State
administrative agency makes a fleding of discrimination alter a
due process hearing an the grounds of race, color, religion,
national pegin, sex, or disabitity against a re,plant of funds, the
recipient will forward a copy of the dndin, g to the ~ for Civil
Rights, Officio of Justic*~ Programs
15.
It will provide an Equal Employment Opportunity Program if
required to maintain one, where the application is i~or $500,000 or
I! will comply w~th the provis~ons of the Coastal Barder Resources
Act (P.L 97-348) dated October 19, 1982 (16 USC 3501 et seq.)
which prohibits the expenditure of most new Federal funds within
the units of the Coastal Barrier Resources System.
EXHIBIT E
INSURANCE, REOUIREI~2NTS
Subrecipient's Liability IllSUl'ance
The Subrecipiem manet not ~ work under this agreemem until he/she has obtained all insurance
required herein and such insurance has been approved by the City. Nor may the Subrecipient allow any
subeo~m ~:tor to con~mc~ work until all similar insurance required of the mbo)lit/actor has been so
obtained.
The Subrecipient nmst furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, with
the City named as ~n additional insured for all liability policies, and a blanket waiver of subrogation on
~dl applicable l:mlicies, showing tl~ following minimum coverage by an insurance company(s)
~.able to the City's Risk ManaSer,
TYPE OF IN~u~ANC~
~ IN$1JRANC~ COVY_,RAG~
COMMERCIAL GENERAL LIABILITY i~olnd~g:
I.
3.
$1,000.000 COMRINED SINGt.E I.IMIT
ktl~ evmt ofnccklmM of any kind, the Sutxecipient nmst,~ tim Risk Mnnn~ with copies of
nil reports of =,cl~ ~cident$ at the snme time that the reports are fotwnrded to any other interested
Il. brmlTIQN^L I~.QtHn ~o=:NTS
A_ Ce~titicate of Insmanee:
The O~y of C.~pus Chris~ ,m< be named as m addi~l~ai Insured on the ~is~ility coventse,
and a blanket w~ver of subro~ fion on all applicabl~ policies.
If your ins~n~ce company use$ the stnndnrd ACORD from, the ennc,,41ntion elnuse (bottom
and ddeting the words, "endeavor to", and deletin8 the wording afte~ 'left'.
* The name of the [~J eet must be listed und~ "Dencription of Opentfions"
* At a miniature, a 30-day wrlttzn .?t~ce of change or _cancelation is required.
If the Certificate of Insurance on its face does not show on its face the existence of the
coyote ~ by item 1 .B (1)-(6), an mrd~Mzed ~~ of the imumnce compnny
nmst ~ a letter specifically st*ting whether ~ I.B. (1)-6) are included or excluded_
Wind & 8~md 8u~ F~00-01 ms.
11 .i 3.oo ~ Rink Id?
l~ mp~tmem ATTACHMENT F Poem 2D47E
ut Prote~tiye and Rng,~a~ory S:m~es CERTIFICATION REGARDING FEDERAL LOBBYING O,~o~r 1990
(Certilication [br Conlracts, Grants, Loans. and Cooperative *greements)
PREAMBLE
Federal legislation, Seclion 319 of Public Law 101-121 generally prohibits enbbes l¥om usin8 federally appropriated lunds to lobby Ihe executive or legislative branchr-s of the federa
government Section 319 specifically require~ disclosure ofcertath lobbying activibes A federal govemmem-wide role. 'New Restrictions on Lobbying," published in the Federa
Register, February 26. ] 990, requires certification and disclosure in specific instances and defines lerms:
Covered Awards and Subawarde - Contracts, grants, and cooperal~ve agreements over lhe $100,000 threshold need (I) ccrtdications, and (2) disclosures, il required, (Se~
certification/em~ number 2 concemthg disclosure}
Ibc awarding o£any federal contracL
the making of any federal grant,
thc m~king of any federal loan,
the entering into of any cooperative agreement, and
the extension, continuation, renewal, anaendment, or modification of any federal contract, grant, loan or cooperative agreemenL"
Limited Use of Approprialed Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own employees with re, peet to:
liaison activities with federal agencic~ and Congress not directly related to a covered t~deral actioni
providing any information specifically requested by a federal agency or Congress;
(TI~ prohibition also does not apply to such services provided by nonemployee5 flor the same purposes.)
prol-e.~ional and Technical Servic~ - Professional and technical services shall be advice and analysis directly applying any professional or technical expertise. Note that thc
professional ~d technical services exemption is specifically limited to the merits of the matter.
Other Allowable Aefivit~l~ - The prohibition un u~e of federally appmpdaled funds does not apply to influencing activities not in connection with a specific covered fedend actitm
These activities include those relaled to legislation and regulaxions for a program venus a specific covered federal action.
Fu~d~ Other Thin FederM Ap@ropri~tfuns - There is no federal restriction on the us~ of nonfederal funds to lobby the federal government for cohen'acts, gr~nts, and c~operaalv
Applicability of Other Stl~ and Federal Requirement~ - Ncither the government-wide rule nor the law affect citber (I) the applicability of mst principles in OMB c~culma A4
and A-122, or (2) riders to thc Texa~ State Approp~alinns Acts which disallow usc of state funds for lobbying
TERMS OF CERTIFICATION
This certification applies only to the instant federal action for which th~ c~rtification is being obtained and is a material representation of gact upon which reliance w~ pl.:ed whe
this tmmaetion was made or entered into, Submission of the certifica~inn is a prerequisite for making or entering into this trans~ction imposed by sevAion 1352, fide 31, U.S. Code
Any person who falls to file the required cerfiflcntthn shall be subject to a civil penalty of not less than $ I 0,000 and not more than $10~,000 for each such failure
The undersigned certifi~, to the best ofhLs or her knowledge and belief, that:
1. No federally appro priaI~:l funds have been paid or will be paid. by or on behalf of the undersigned, to any pemon for influencing or altempting ~ in fluenc, g ~1 o flict, i' or employ~
of any agency, a member of Congress, an officer or employee of CongleSS, or all employee of a member of Cungress in connection with the awarding of any federal
the making of any federal 8mnl. fue mltkthg of any federal loan, ~ entering into of any cooperative agreemenL or the extension, contthtmfinn, n:newal, amendment, or
modificalion of any federal contract, grant, loan, or cooperalive agreemenk
2 If any fullds other than federally appmplfated brads have been paid or will be paid to any person for influencing or alteanpfing m influenc~ an oll~cer or employee of any agen~:y
a member of Conga:ss, an officer or employee of Congress, or an employee nfo member of Cong~ss in connection with this federally funded gontract, suboantm~. ,mbgn~
tx coopenmve ~:,*ment. the undersigned shall c~mplete and submit Standard Form-LLL, 'Dimlosure Form t~ Repo~ Lobbying,' in accordance with its inamuctiona.
contact your Texas Dept. Of Protective and Regulatory Services procurement officer or contract manager to obtain a c~py of Standmd Fonn-LLL.)
Name of Contr~uar/Potential Contractor
Vendor ID No. or Social Security No
PRSCon~a~ No.
H:\hcdqli~n~lh ~\wpdocs\w~d&.~ma~h-£w~
Signatuj~-~h~:~zed Representative - Dale