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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 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 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. Page 7 of 8 B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective dudng the term of this 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