HomeMy WebLinkAboutC2005-153 - 2/22/2005 - ApprovedPage I of 8
Weed & Seed Subrecipient Agreement
between the
City of Corpus Christi
and
God's Gym, Inc. Site II
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUN'FYOFNUECES §
This Agreement ("Agreement") is made and entered into by and between the City of
Corpus Chdsti ("City"), a Texas home rule municipal corporation, acting through its duly
authorized City Manager or his designee ("City Manager"), and God's Gym, Inc. Site II,
CSubrecipient"), a Texas non-profit corporation, acting through its duly authorized
representative.
WHEREAS, City has allocated $13,200 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 $13,200 ("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.
God's Gym
2005-153
02/22/05
M2005-056
Page 2 of 8
Section 3. Services. In exchange for the Funds, the Subrecipient agrees to pedorm
those Services and functions listed and described on the attached and incorporated
Exhibit A.
Section 4. Term of Performance. The Services shall be performed and the Funds
shall be allocable to the period from the 1~ day of October, 2004, to the 30~h day of
September, 200_5.
Section 5. Reports.
A. The Services shall be performed promptly, efficiently, and in accordance with the
description listed on the attached and incorporated Exhibit A. The Subrecipient shall
submit 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 yearly basis.
B. Additionally, the Subrecipient shall submit a financial report to the City, through the
Weed and Seed Program, on the last day of each month, that identifies any Funds
expended and attach supporting documentation, such as timecards and receipts, for
those expenditures. The Subrecipient Payment Voucher/Report (Exhibit B) shall serve
as the financial report for Subrecipient.
C. The City reserves the dght, upon reasonable notice to the Subrecipient, to have
City's accountants, attorneys, and other agents audit the books and records of the
Subrecipient to ensure the proper application of the Funds for the purpose set forth in,
and in accordance with, this Agreement. The Subrecipient shall participate in the
Weed and Seed formal evaluation by cooperating with the City. The Subrecipient shall
meet with the evaluation team, agree on an evaluation process, and accommodate site
visits from the evaluation team.
Section 6. Insurance.
A. Subrecipient must secure and maintain, at Subrecipient's expense during the terTn 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 Manage¢') at least ten (10) days
prior to the start of services. Subrecipient shall provide the Risk Manager with
Certificate(s) of Insurance reflecting all of the required coverages and shall, upon
request of the City Manager during the term of this Agreement, promptly provide the
City Manager with copies of all insurance policies.
B. Subrecipient shall require its insurance policies to provide that the Risk Manager
shall be given at least thirty (30) days advance written notice by the insurer pdor to
cancellation, intent to not renew, or material change of the insurance policies mentioned
H:~EG-DIRSOIgalR~Doyte~Park&Rec\Wee~S aed~2005~)30405 DC.GodsGyrn.lncSIle iI.We,~tSe~l pm[~,[~ Fo~,dot
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 Managers designee, retains the dght, during 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 wdtten notice of the City's intent to exercise the right. Insurance limits shall be
adjusted no more frequently than once per the City's fiscal year.
Section 7. Indemnification. Subrecipient agrees that it will indemnify and hold
harmless the City, its officers, employees, representatives, and agents
(hereinafter, "lndemnitees'~ from and against all claims, demands, actions,
damages, losses, costs, liabilities, expenses, and judgments recovered from or
asserted against Indemnltees on account of injury or damage to person or
property to the extent the damage or injury may be Incident to, arise out of, or be
caused, either proximately or remotely, wholly or In pa~ by an act, omission, or
negligence on the part of Subreclpient, its officers, employees, representatives or
agents, Indemnltees, or any of them, acting pursuant to this Agreement with the
express or implied invitation or permission of Subrecipient, or on the part of
Subreciplent 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 arise from
or out of the Services being provided herein by Indemnitees, or any of them,
Subreciplent, its agents, servants, employees, contractors, patrons, guests,
licensees, or invitees, including without limitation, any damages or costs which
may occur as a result of the Services themselves, regardless of whether the
injury or damage results from the contributory negligence or concurrent
negligence of Indemnitees, or any of them, including if the damage or injury may
result from the gross negligence of lndemnitees, or any of them, unmixed with
the fault of any other person or entity. The terms of this indemnification shall be
effective upon the date of execution of this Agreement. Subreclplent covenants
and agrees tha~ if City is made a party to any litigation against Subrecipient or in
any litigation commenced by any party other than the Subrecipient relating to this
Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding
commencement of litigation and at Its own expense, investigate all claims and
demands, attend to their settlement or other disposition, defend City in all actions
based thereon with legal counsel acceptable to City, and pay all charges of
attorneys and all other costs and expenses of any kind whatsoever arising from
any said liability, damage, loss, demand, claim, or action.
Page 4 of 8
Section 8. EPA Compliance. The Subrecipient shall ensure that the facilities under its
ownership, lease, or supervision, which are to be utilized in the accomplishment of the
Services, are not listed on the United States Environmental Protection Agency's ("EPA")
list of Violating Facilities and shall notify the City of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be
used for the Services is under consideration for listing by the EPA.
Section 9. Federal Compliance. The Subrecipient shall comply with the applicable
provisions of Title I of the Omnibus Cdme Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act; and the Victims of
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 Crime ACt, as amended; Title VI of the Civil
Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as
amended; Subtitle A, Title 11 of the Americans with Disabilities Act ("ADA") (1990), as
amended; Title IX of the Education Amendments of 1972, as amended; the Age
Discrimination Act of 1976, as amended; Department of Justice Non-Discrimination
Regulations, 28 Code of Federal Regulations ("CFR") Part 42, Subparts C, D, E, and G,
as amended; and the Department of Justice regulations on disability discriminations, 26
CFR Parts 35 and 39, as amended.
Section 11. Other Governmental Compliance. The Subrecipient shall also comply
with those obligations contained in Exhibit D, entitled "Assurances", OJP Form 4000/3,
and in Exhibit F, entitled "Certification Regarding Federal Lobbying", both of which are
attached to this Agreement and incorporated in this Agreement by reference.
Subrecipient shall submit completed Exhibit D and Exhibit F forms to the City upon
execution of this Agreement. The Exhibit D and Exhibit F forThs shall be completed
and signed by a duly authorized representative of the Subrecipient.
Section 12. Binding Agreement. This Agreement shall be binding upon, inure to the
benefit of, and be enforceable by and against the respective parties and their
successors and assigns.
Section 13. Notice. All notices, demands, requests, or replies provided for or
permitted under this Agreement, by either party, must be in writing and must be
delivered by one of the following methods: (1) by personal delivery; (2) by deposit with
the United States Postal Service as certified or registered mail, retum receipt requested,
Page 5 of 8
postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express
delivery service, for which service has been prepaid; or (5) by fax transmission. Notice
deposited with the United States Postal Service in the manner described above will be
deemed effective two (2) business days after deposit with the United States Postal
Service. Notice by telegram or 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 Christi, Texas 78469-9277
(361) 880-3461
(361) 860-3864 Fax
IF TO SUBRECIPIENT:
God's Gym, Inc. Site II [Subrecipient's Name]
Attn: President
2121 Mary Street [Address]
Corous Christi, Texas 78405
(361) 882-4746
(361) 882-4795 Fax
Section 14. Waiver. Any waiver by the parties of a breach of any covenants, terms,
obligations, or events of default shall not be construed to be a waiver of any subsequent
breach; and the failure to require full compliance with this Agreement shall not be
construed as changing the terms of this Agreement or estopping the parties from
enfoming the terms of this Agreement.
Section 15. Modifications. No provision of this Agreement shall be changed,
modh'ied, or waived except by written document signed by persons authorized to sign
agreements on behalf of each party.
Section 16. Applicable Law and Venue. This Agreement is entered into in the State
of Texas and shall be construed and interpreted in accordance with the laws of Texas.
Venue lies in Nueces County, Texas, where this Agreement was entered into and will
be performed.
Section 17. Conflicts of Interest. No official or employee of the unit of local
government or a non-govemmental recipientJsubrecipient shall participate personally
through decisions, approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise in any proceeding, application, request for a ruling or other
H:~EG-DIR\O~aR~Doy~e\Park&Rec\W~Seed~.005~30405 DC.GodsGy~n.lncSIle.ll.WeedSeed.p ro[~.[~Fo~.do[
Page 6 of 8
determination, contract, award, cooperative Agreement, claim, controversy, or other
particular matter in which award Funds (including Program income or other funds
generated by Federally-funded activities) are used, where to his or her knowledge, he or
she, or his or her immediate family, partner, organization other than a public agency in
which he or she is serving as an officer, director, trustee, partner, or employee, or any
person or organization with whom he or she is negotiating, has any arrangement
concerning prospective employment, has a financial interest, or less than an arms-
length transaction.
Section 18. Appearance. Subrecipient acknowledges that, in the use of agency
Program Funds, officials and employees of the local units of government and of non-
governmental recipients/subrecipients shall avoid any action that might result in, or
create the appearance of, using an office or position for pdvate gain, giving preferential
treatment to any person, losing complete independence or impartiality, making an
official decision outside official channels, or affecting adversely the confidence of the
public in the integrity of the government or the Program. Subrecipient agrees to ensure
compliance with this covenant by its officers, employees, representatives, and agents.
Section 19. Assignment. This Agreement may not be, in whole or in part, assigned
or transferred directly or indirectly without the pdor written consent of the City.
Section 20. Suspension and Termination. The City may suspend or terminate this
Agreement in accordance with 28 CFR Sec. 66.43, as amended, if Subrecipient
materially fails to comply with any term of this Agreement. This Agreement may be
terminated, by the City, for convenience in accordance with 28 CFR Sec. 66.44, as
amended.
Section 21. Captions. The captions employed in this Agreement are for convenience
only and do not in any way limit or amplify the terms or provisions hereof.
Section 22. Entirety Clause. This Agreement and the attached and incorporated
Exhibits constitute the entire Agreement between the City and Subrecipient for the
purpose stated. All other Agreements, promises, and representations, unless
contained in this Agreement, are expressly revoked as the parties intend to provide for
a complete understanding within the provisions of this Agreement and its Exhibits of
the terms, conditions, promises, and covenants relating to the Program and the
Services to be rendered.
Section 23. Severabllity.
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 _~_____day of ~,~J~ ,2005.
lEST:
Armando
CI ,~C ~US CHRISTI
G,~. e K. Noe, City Manager, or his
designee
TO LEGAL FORM 2 March 2005
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
George K. Noe, or his designee
City Manager of the City of C~rpus Chdsti, a
behalf °f said~ ~.~0.~~
Nota~ Public, State of Texas
Printed Name
Commission expires:
(-7.~ ,2005, by
Texas home rule municipal corporation, on
Page 8 of 8
SUBRE CIP ~,1~
Title: ·
STATE OF TEXAS §
cou. oF.uEc.s§
This~ig~tl'U~. ent ~_v~ls~acknowledged before me on .~/~[~t ~ , ... , 2,005,
by~ ILt.~(.~;. J~*t/~]('.[ J.'~ ,anauthodzedrepresentativeofGods~¥m,,nc.
S~r~ I1, a Texas corporation, [tvp~ gf entity], on behalf of said corporation [type of entity].
Notary Public, State of Texas
Pdnted Name
Commission expires: q-~.-
Weed and Seed Grant Program
For the City of Corpus Christi, Texas
Delegate Agency Application Submission Cover Sheet
Applicant Information:
Organization: God's Gym
Address: 2627 Terrace Comus Christi, TX 78404
Authorized Official:
Name: Mike Lohman
Title: Pastor/Executive Director
Contact Person:
Name: Lisa Lohman
Title: Asst. Pastor/Office Manager
Phone: (361) 882-4746
FAX: (361) 882-4795
Checklist: Please use this checklist to ensure the completeness of the application.
Please submit two originals and Fifteen copies of the application materials by
submission deadline.
Application Materials Check list:
X Two original Applications with signed S~gnature Page, by Chairman of the
Governing Body or Authorized Official and 15 copies
X Budget
X Budget Justification
X Community Needs Assessment
X Project Narrative
X Applicant History and Capability
X Roster of Governing Body, indicating addresses and phone numbers for
each member
X Program Assurances signed by the Chmrman of the Governing Body or
Authorized Official
X Must have two signed original applications and 15 copies
Weed and Seed Grant Program
For the City of Corpus Christi, Texas
Grant Application
Signature Page
1. Name of Applicant Organization: God's Gym
2. Address of Applicant Organization: 2627 Terrace Comus Christi, TX 78404
3. Telephone Number: (361) 882-4746 Fax Number: (361) 882-4795
4. Name of Proposed Project: Outreach/Community Center: The Foundation
5. Address of Proposed Project: 2121 Mary Street Comus Clmsti, TX 78405
6. Name of Project Director: Mike Lohman
7. Name of Board/Commission Chairman: Mike Lohman
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 with all State and Federal Regulations and restrictions.
2. Any proposals for changes to tl~is 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 award agreement.
4.
Typed Name and Titl~f Authorized Official: Mike Lohman-Pastor/Executive Director
Signature:~~ __
Datc: 03/31/2005
PERSONNEL:
Facility. Atlendants at
$7.00 Per Hour x 20 hours per week = $140.00
$140.00 per week x 22 weeks = $3,080
$3,080 x 3 Attendants c'~ ?. ..'~ ~:'~
GRANT BUDGET
Annual Salary # Weeks % Time
$9,240 22 100
Total
Amount
Total
Requested
from
W&S
$9,240
FRINGE BENEFITS:
FICA:
8115:
Unempl.lns:
Health Ins.:
Other:
CATEGORY TOTALS:
-0-
$9,240
CONSULTANTS/CONTRACT SERVICES:
CATEGORY TOTALS:
-0-
-0-
CATEGORY TOTALS:
SUBTOTAL FIRST PAGE COSTS:
-0-
-0-
TRAVEl.:
In-Slate:
Out-of-State:
Tom]
Total Requested
Amount from W&S
OPERATING:
CATEGORY TOTAL:
EQUIPMENT:
Sporting Goods & Recreational Supplies
OTHER COSTS:
CATEGOTY TOTAL:
CATEGORY TOTAL:
$ $0
$3,960
$0 $3,960
CATEGOTYTOTAL:
TOTAL GRANT KEQUEST:
$ $13,200
RFP FY 03/04
BUDGET JUSTiFICATION
Program Director -
Money requested will pay for time devoted to planning, supervising and
implementing the various components of the After-School Program.
Contractor
Money requested will pay for time devoted to teaching drama, art, and dance/drill
team classes to the youth involved in the After-School Program. Currently, we do
not have anyone on staff qualified to teach these classes. The amount requested
represents a portion of the fee to plan and implement these activities and classes.
Rock Climbing Wall
God's Gym has a portable rock climbing wall which will be used periodically in
the After-School Program. Rock climbing is for all ages and will teach the
individuals goal setting, teamwork and instill a feeling of accomplishment. The
amount requested represents the cost involved in transporting the wall and
compensation for qualified personnel. With this money, we will also be able to
take the rock wall to other Safe Haven locations in Site I and Site II.
Sporting Equipment -
Money requested will pay for various recreational equipment and goods to be
used during the After-School Program.
No matching funds have been donated and all other In-Kind services will be
sporadically provided by various individuals and businesses throughout the year.
Currently, no funds have been received from any other agencies, grants or
foundations for this After-School Program God's Gym has individuals and
businesses who contribute financially throughout the year which makes up the
majority of our income. The source of income allows us to provide other services
at our facility.
PROJECT NARRATIVE
The objective of our project is to administer a minimum of
500 at-risk youth who reside in the Coastal Bend area. Families of
at-risk youth will also be encouraged to attend activities during our
after-school program. The staff will strongly urge parents to come
to the program in an effort to spend quality time with their children
and strengthen families.
Our after-school program will operate at the Foundation from
3:00pm-7:00pm Monday through Friday. These are the most
crucial hours for statistically this is the time when teens commit a
great number of crimes_ Youth will engage in our basketball,
volleyball, and karate programs. They will be able to utilize our
state-of-the-art rock wall. Various fine arts activities, such as
drama, art, and dance, will also be readily available for all to
participate. These classes will be given by specialized instructors
and free for all youth and families. Other activities include use of
the computer lab, gymnasium, outdoor recreational area, game
room, art room, resource library, karate room, and weight room.
A more intensive program will be offered during the summer
months. Classes and program activities will be offered through
various summer clinics, Monday through Friday, from 10:00am to
3:00pm. All classes will be coordinated and supervised by the
Foundation staff. Summer programs will consist of all activities
included during the regular school year program, as well as various
field trips within the Coastal Bend_ Life Skills classes will be
taught on a continuous basis to all youth and adults.
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.
GOD'S GYM
HISTORY AND CAPABILITY
As pastor of Calvary Tabemade Church, Pastor Mike Lohman saw the need in the
community for more than what the church could offer_ The church already had a pdson
ministry, women's shelter ministry and nursing home ministry; however, the church was not
seeing any improvement in their overall circumstances. Thus, the vision of God's Gym was
birthed. Pastor Lobman's experiences come from his years as pastor, and surrounding
himsdf with peolde that are professional in different fields. Education is the key -
academically, socially, financially, and spiritually_ Each person who walks through the doors
of God's Gym will know that their lives can be different and better. ~/hen an individual is
changed, the family unit is changed. When you change the family, you change the
neighborhood. When you change the ndghborhood, you change the community_
God's Gym, established in June 2002, has a mission to hdp individuals and families find a
new vision of hope and success by bringing the body, mind and soul together to work as
one_ The organization provides a safe and positive environment where recreational,
educational, and spiritual programs are ~ffered free of charge to the community, especially
for at-risk youth and Iow-income families_ Hours of operation are I I:00 a.m. - 1~:30 p_m_,
Monday through Saturday, and 3 p.m. - IO p.m., on Sundays. One full-time and three
part-time employees conduct the program services. The following programs are provided to
partidpants:
Youth Leadership Academy: The program focuses on building sdf-esteem, fostering
teamwork, examining ethical issues and choices, and setting personal goals and objectives
for youth ages 1:2 to 17.
SeedTech Computer Center: Urban Technology and Weed g Seed have formed a partnership
that serves as a training vehicle for education and access to the latest computer technoloR¥
and telecommunication.
Recreational Services: Recreational programs include wright training, martial arts classes,
and a rock climbing portable unit available on site_ Additional services include drug free
basketball leagues and an annual community summer camp.
Kid's Caf~ Services: The Kid's Caf~ program provides Iow-income children a safe place to
receive an evening meal while offering professionals from our community to tutor and
mentor the children with homework, hobbies, and life skills. The center supplies meals
during the week between the hours of' 3:30 p_m. to 6 p.m., to children up to I $ years of
age
God's
God's Gym, Inc.
Board Members and Officers
Gym Board Members:
Lohman, J. Michael
Founder & President
6717 Drake Dr.
Corpus Christi, Texas 78413
e-mail: im¥chae[(~ol.¢om
(361) 992-6882 Hm
(361) 510-5085 Cell
Lohmnn. Lisa
Secretary / Treasurer
6717 Drake Dr.
Corpus Christi, Texas 78413
e-mail: calvrvlab~,aol.com
(361) 8824746 Office
(361) 510-8887 Cell
Clark, Anthony
14405 Walter Rd 800
Houstcn, Texas 77014
(832) 250-3250 Hm
(289) 893-3433 Cell
Menarch Victor
1510 Dove Ln.
Corpus Christi, Texas 78418
(3~ ~ 7-1142Hm
Rodriguez, Jimmy
901 Leopard St
Corpus Christi, Texas 78401
e-mail: ncchie f~,,caller_infi .n et
(361) 887-2221 Office
Hodge, George
Vice President
P.O. Box 752
Corpus Christi, Texas 78403
e-mail: geor~eh(~_ ~cetexas_com
(361) 880-3489 Office
(361) 815-2598 Cell
Casfillo, Yvonne
5621 Safari Dr.
Corpus Christi, Texas 78411
wonne.castilloC~rmil.tamucc.edu
(361) 855-3914 Hm
(361) 882-7837 Office
Harper, Mirth
23 ! 1 Bristol
Bryan, Texas 77802
e-mail: mharoerC~an~en.com
(979) 8234962 l-Ira
(979) 77a. a.a. 92 Office
(979) 777-5365 Cell
Perez, James
1901 Agnes St,
Corpus Christi. 'r.=xas 78404
e-mail: j akperc: ,9,:-bcelobal.net
O61) 8554695 ~ m
(361) 88441912 Office
(361) 816-5012 Cell
Weed and Seed Grant Program
For the City of Corpus Christi, Texas
PROGRAM ASSURANCES
The applicant, by signature of the authorized official below, hereby provides the following
assurances regarding any grant, which may be received by the applicant under the Weed and
Seed Program.
1. Any proposals for changes in the original project will be submitted to the Weed and Seed
Program Manager in writing who will then forward it to the Weed and Seed Steering Committee.
Upon notification of approval, the changes will be deemed incorporated into the orig/nal grant.
2. Subrecipients will comply with Title VI of the civil Rights Act of 1964 (P.L. 88-352), the
Americans with Disabilities Act (P.L. 101-336), the Drug Free Workplace Act of 1988 (P.L.
100-690, title V, subtitle D), and all applicable local, state, or pursuant to these laws.
3. All necessary measures will be taken by the Applicant to effectuate the agreement contained in
the Grant Application, the Delegate Agency Agreement, and the Notice of Grant Award.
4. All grant expenditures will be made in accordance with the approved budget.
5. The Applicant shall submit to the Weed and Seed Program Manager monthly, quarterly, and
yearly Program Progress Reports describing progress on the project in accordance with the
schedule set out in the Delegate Agency Agreement. The Applicant is required to promote the
Weed and Seed Program during its funding, with the use of signs, flyers, banners, letterhead
paper or how ever appropriate to advertise the funded program and the Weed and Seed Program.
6. Funds from this grant will not be used for religious or sectarian purposes.
7. The Applicant will 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 Title of Authorized Official: Mike Lohman-Pastor/Executive Director
Signature:
Date: 03/31/2005
EXHIBIT B
WEED & SEED PROGRAM
Subreclplent PAYMENT VOUCHER/REPORT
Reimbursement Request for the month or':
Date Submitted:
A(~ency Name and Address:
Amount
Proqram Name:
Descril)tion of Expenditure:
Please attach copies of payroll documentation and receipts to support expenditures
itemized above.
Retum to:
Weed & Seed Program
P.O. Box 9277
Corpus Christi, TX 78469-9277
The Subredpient certifies thai: (1) the above expenditures ware actually incurred and paid
for by the Subreclplent; (2) the above expenditures were incurred In accordance with the
Weed and Seed Program Subreclplent Agreement; and (3) the Subreclplent is in
compliance with and not in default under the Weed and Seed Program Subreclpient
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(aX1) and (b) provide
that a Federal agency may designate a central receipt point for STATE-WIDE AND STATE
AGENCY-WIDE certifications, and for notification of criminal drug convictions. For the
Depm-tment of Health and Human Services, the central pint is: Division of Grants Management and
Oversight, Office of Management and Acquisition, Department of Health and Human Services,
Room 517-D, 200 Independence Avenue, SW Washington, DC 20201.
Certification Regarding Drug-Free Workplace Requirements (Instructions for Certification)
1. By signing and/or submitting this application or grant agreement, the grantee is providing the
certification set out below
2. The certification set out below is a material representation of fact upon which reliance is placed
when the agency awards the grant. If it is later determined that the grantee knowingly rendered a
false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the
agency, in addition to any other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies.
4. For grantees who are individuals, Alternate Il applies.
5. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a violation of
the grantee's drug-fi-ce workplace requirements.
6. Workplace identifications must include the actual address of buildings (or parts of buildings) or
other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all
vehicles of a mass ttansit authority or State highway depamnent while in operation, State
employees in each local unemployment office, perfornaers in concert halls or radio studios).
7. If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question (see
paragraph five).
8. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-
Free Workplace common rule apply to this certification. Grantees' attention is called, in particular,
to the following defmitions from these rules:
Controlled substance means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15);
Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the Federal
or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) All direct charge employees; (ii) All indirect charge employees unless their
impact or involvement is insignificant to the performance of the grant; and, (iii) Temporary
personnel and consultants who are directly engaged in the performance of work under the grant and
who are on the grantee's payroll. This definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent
contxactors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered
workplaces).
Certification Regarding Drug-Free Workplace Requirements
Alternate I. (Grantees Other Than Individuals)
The grantee certifies that it will or will continue to provide a drag-free workplace by:
(a) Publishing a statement notifying e~nployees 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 terriers of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drag
statute occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in ~vriting, within ten calendar days after receiving notice under
paragraph (d)(2) fi`om an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted --
3
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace throngh
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
(B) The grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
Place of Performance (Street address, city, count., state, zip code)
Check if there are workplaces on file that are not identified here.
Alternate II. (Grantees Who Are Individuals)
(a) The grantee certifies that, as a condition of the grant, he or she will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in
conducting any activity with the grant;
(b) If convicted of a criminal drug offense resulting from a violation occurring during the
conduct of any grant activity, he or she will report the conviction, m writing, within 10 calendar
days of the conviction, to every grant officer or other designee, unless the Federal agency
X'x, designates a point receipt of such notices. When notice is made to such a central
central
for
the
"Roint, it shall include the identification number(s) of each affected grant.
Signature .~
Title
Organization
Exhibit D
ASSURANCES
I[ possesses legal authority to apply for Ihe grant; LhaL a
resolulion, motion or similar action has Peen duly odopied or
passed as an official act o1 the applicani's govermng body
author+zing the Bing of [he application, including all
understandmgs and assurances contained therein, and directing
and auffionzing/he person identC-~ed as [he official redresenlat~ve
af [he applicant to act in connection with [he application and [o
provide such additional information as may be required.
I[ will comply with requirements of [he provisions of the Unitorm
Relocation Assistance and Real Property Acquis~lons Act of 1970
(P L 91-646) which provides Ior fair and equitable trealmenl ut
persons displaced as a result of Federal and federally-assisted
programs
It will assist [he Federal grantor agency in ~ts complianc~ with
Section 106 of the National Historic Preservation Act of 1966 as
amended (16 USC 470) Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC
569a-1 at SOd) by (a) consulting with the State HisloPc
Preservation Officer on the conduct of investigations, as
necessary, to identify propedies listed in or eligible for inclusion
m the National Register of Histohc Places that are subject lo
adverse effects (see 36 CFR Part 8008) by the activity, and
notifying the Federal grantor agency of the existence at any such
proped~s, and by (b) complying with all requirements established
by the Federal grantor agency to avoid or mdigate adverse e~ec~
upon such properties.
It will comply with provisions of Federal law which limit certain
political ac~lyities of employees of a State or local urn1 of
government whose pnncipal employment is in connection with an
activity f~nanc~d in whole or in part by Federa~ grants
(5 USC 1501, at seq.)
It will con'~oly wit~ the minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act if applicable.
It vail estab41sh safeguards to prohibit employees from using their
positions for a purpose that is er give the appearance of being
motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other
ties
It will give the sponsoring agency or the Comptroller General,
through any authorized representative, ac=ess [o ami [he right to
examine all records, books, papers, or documents related to the
grant.
12¸
It will comply with all requirements imposed by the Federal
Sponsonng agency concerning special requirements of law,
program requirements, and other administrative requirements 13
It will insure that [he facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the
project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the Federal
grantor agency ol the receipt of any communicahen h'om the
Director Of ~ EPA Offh~ of Federal Activthes indicating that a
facility to pe used ffi [he protect is under consideration Ior listing
by Ihe EPA.
It will comply ~ the flood insurance purchase requirements of
Section 102(a) of the Flood D~aster Protection Act of 1973,
Public Law 93-234, 87 Stat. 975, approved December 31, 1976 14
Section 102(a) requires, on and alter March 2, 1975, the
purchase of f~md insurance in o3mmunities where such insurance
is avaltabie as a condition for the rec=~ipt of any Federal ~nancial
assistance ~'o~ c~nstructJon or acquis~bon pumoses for use in any
area that had pe~n identified by the Secretary of the Depamneni
at Housing and Urban D~veiopment as an area having special
~ood hazards. The phrase "Federal financial assistance' includes 15
any form of icon, grant, guaranty, insurance payment, rebate,
subsidy, disaster assistance loan or grant, or any other fon'n of
direct or Indirect Federal assistance.
16
Signature
It will comply, and assure the compliance o1 all its subgrantees
and contractors, with the applicable provisions of Title I of the
Omnibus Crime Conlrol and Safe Slreets Ad of 1968, as
amended, the Juvenile Justice and Delinquency Prevenlion Act,
or the Victims of Crime Act, as appropnalo; the provisions of the
current edition of the Office of Justic~ Programs Financial and
Administrative Guide for Grants. M7100,1; and all other
applicable Federal laws, orders, circulars, or rngulatlons.
It will comply with the provisions of 28 CFR applicable to grants
and cooperative agreements including Part 18, Administrative
Review Procedure; Part 20. Cdminal Justice InforrnalJon
Systems; Pad[ 22, Cont~dentielity o1 Identrfiable Research and
Statistical Inlormation; Pad 23, Criminal Intelligence Systems
Operating Policies; Pad 30, Intergovernmental Revmw of
Departmenl of Justice Programs and Ac~vities; Part 42,
Nondlschmination/Equal Employment Opportunity Policies and
Procedures; Part 61, Procedures for ImpiemenUng the National
Environmental Policy ACt; Part 63, Floodplain Management and
Wetland Protection Procedures; and Federal laws or regulations
applicable to Federal Assistance Programs
Il will comply, and all its contractors will comply wilh the
nondiscrimination requirements of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, 42 USC 3789~d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights
Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973, as amended; Subtitle A, Title II of' the Amenc~ns With
Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972; the Age Discdminatien Act of 1975;
Dedartrnent of Justice Non-Dlsca-imioation Regulations, 28 CFR
Part 42, Subparts C, D, E, and G; and Department of Justic~
regulations on disability dischmlnation, 28 CFR Pad[ 35 and Pad[
39.
In the event a Federal or State court or Federal or State
administrative agency makes a I~nding of discriminalion offer a
due process heanng an the grounds of race, color, religion,
national origin, sex, or disabilib/ against a recipient of funds, the
re.plant will forward a copy of Ihe finding to tile O~::a for Civil
Rights, O~fice of Justice Programs.
It will provide an Equal Employment Opportunity Program if
required to maintain one, where the application is for $500,000 or
It will comply with the provisions of the Coastal Bather Resources
Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.)
which prohibits the expenditure of most new Federal funds wlthln
the units of the Coastal Border Resources System.
OJP FORM 4000F3 (Rev. 1 -g3) PREVIOUS EDI3qONS ARE OBSOLETE Date
ATrACHMENT TO $F--424
EXHIBIT E
I31SURANCE IIEOUI~F. MENTS
Subr¢cipient's Liability Insurance
The Subrecipient must not commence work under this agreement until he/she has obtained all insurance
required herein and such insurance has been approved by the City. Nor may the Subrecipient allow any
mbco~h~:tor to ~ work until all similar insurance r~fired of the ~ubcontractor has been so
obtained
The Subrecipi~t m~t fia~i~h to the City's Risk IMana~er, 2 copies of Cerfiticates of Insurance, with
the C'w/nam~ as an add?donal insured for all liability policies, and a blank~ waiver of subrogation on
all applicable policiez, showing the followin~ minimum coverage by an insurance company(s)
acc~table to the City's Risk Manager.
TYPE OF INSURANC~
MINIMUM iI~J ~ICR COVIRAC~
Bodl,y l~Jury tad Pmj~r~ Dtnm~
COMMERCIAL GENERAL LIABILITY i~[mti~g:
I. ~Fem~
$1,0~).000 COMHINtr) SINGLE LlMrr
hlt~ ~v~t of ~a:ide~ or,ny kind, the Sularospiem mmt~funmh the ~ IVlamSer with copies of
all reports of such accidemz at the same time that the reports are forwarded to any other interested
H. ADDITIONAl. RFDUIRi~"Mlk'rNTS
A_ Ce~ficate of l. nmmac~:
Il'your in~n'ence company usez the standard ACORD folm, the canceflttion clause (bottom
risflI) l~ be ~m~led by add~g the wordin8 "ch~nsed or" betwom "be" and "canceled",
and delefi~ the word~, "e,,aeavor to", and d~l~ng th~ wordinE after "left".
* The ~me of &e proJ~-'t ,~,~t b~ listed und~ "D~aiption of Opermions"
* At a o~irm-n, a 30-day ~'t~a a?_ ti~ of cha~ or_cancdlafion is required.
If the Certificate of lnmnmce on its face docs not show on its time the existence of the
co,,~m~ m~red by item I.B (1)-(6), ~n ~horized mlxe~m~ive of ~. immance comp~my
nm~ ~ a ~ specific~ly stati~ whether items I.B. (i).-~) are included or excluded.
r~×~s D~0mmem ATTACHMENT F Form 2047£
o~ Pratectiw and aegu~atory Semites CERTIFICATION REGARDING FEDE}L,~L LOBBYING October
(Certification Ibr Contracts, Gran~, Loans. and Cooperative Agreements)
PREAMBLE
Federal legislation. Section 319 of Public Law I 0 I- 121 generally prohibits enllbes t?om using federally appropriated Ihnds Io lobby the executive or legislative branches of the
gnvemmem Section 3 [9 spocifically requires disclosur~ ol certain lobbying activities A federal government wide rule '~New Restricfions on Lobbying,' published in tbe Federa
Rcgister, February 26. 1990, requires certification and discinsure in spec[ftc instances and defines lerms:
Covered Awards and Subawards - Contracts, grants, and cooperafive agreements over the $100.000 dlreshold need (I) cerlifications, and (2) disclosures, il' required
cerlificapon term number 2 concerning disclosure )
the awarding of any federal contract
thc making of any t~deral grant,
thc making of any federal loan,
Limited Use ofApproprialed Fund~ Not Prohibiled - Th~ prohibilion on using appropriated funds does not apply to activities by one's own employees with re, peet to:
providing any information specifically requesled by a federal agency or Congress;
discuss ~md/or demonstration o f products or services if not related to a specific solicitation ~br a covered aclion; or
professional and technical servicm in preparing, submming or negotiating any bid, proposal ar application for a [ederal contract, grant loan
or coopermve agre~nent or for meeting legal ~lui~ments conditional to re~ipt of any ~deral contract, granL lmm or cooperative a~r'eement
(The prohibition also docs not apply to such services provided by nonempfuyees for the same purposes.)
Profe:~aional and Technical Servicr~ - Prof~sional and technical services shall be advice and analysis directly applying any professional or technical export~, Note thai tim
profe.~ional and technical services exemption is specifically limited to the merits of~he mailer.
Other Allowable Activitl~ - Th~ prohibition on u.~ of f~erally appmpriaI~ funds does not apply to influencing activities not in connection with a specific cove,'~d federal ~tlon
Tnes~ activities include those related to legislation and regulalions for a program versus a specific covered federal action.
Funda Other Than Federal Apprupriafion$ - Tiaere is no federal restriction on the u~e of nonfuderal funds to lobby the federal government for conti'acts, grants, and ,moperaiiv
Applicability of Other State and Federal Req.lremenat - Neither thc government-wide rule nor thc law affect cilhcr (I) thc applicability of cos~ principles in OMB cra:ultra A-g
and A-122, or (2) riders to the Texas State Appropriations Acts which disallow us~ of state funds for lobbying
TERMS OF CERTIFICATION
This ~cr~ification applic~ only to thc instant federal action for which the c~c~ificali~:n is being obtained and is a material representation of fact upon which relianc~ was pla{:~:l wbe
this tr~macrion was mad~c or entered into. Submission of thc certification is a prcmquialte for making or cmcring inl~ this transaction imposed by section 1352, rifle 3 I, U.S. Code
Any person who falls to file the required certification shall be subject Io a civil penalty of not less than g 10,000 and not more than $100,000 for ca~h such t'allum.
The undersigned cerfifie~, to the best of his or her knowledge and belief, thai:
Na~nc o f ConWa~tor/Pntential Cont~cmr
Vendor ID No. or Social SecunVj No.
PRSConWactNo,
Signature - Au~oriz~d R~pm~n~iv¢ - Dale