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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