HomeMy WebLinkAboutC2023-310 - 8/8/2023 - Approved (2)DocuSign Envelope ID: E26B2OBB-3DD6-425C-A9F8-7712415B0190
STATE OF TEXAS §
COUNTY OF NUECES §
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND
HABITAT FOR HUMANITY CORPUS CHRISTI, INC.
HOME INVESTMENT PARTNERSHIPS PROGRAM FY2024/PY2023
THIS AGREEMENT, entered this 20th day of May, 2024, by and between the City of
Corpus Christi, a Texas home -rule municipal corporation (the "City"), and Habitat for
Humanity Corpus Christi, Inc., a Texas non-profit corporation (the "Grantee") whose address
is 1901 Lipan Street, Corpus Christi, Texas 78408.
WHEREAS, the City has received certain funds from the U.S. Department of Housing and
Urban Development ("HUD") under Title II of the National Affordable Housing Act of 1990, (P.L.
101-625) for utilization in connection with its HOME Investment Partnerships Program
(hereinafter "HOME") program ; and
WHEREAS, on August 8, 2024, the City Council of the City of Corpus Christi, Texas enacted
Ordinance No. 033116 to approve the City's Consolidated Annual Action Plan ("CAAP") for
FY2024/PY2023 which included a budget for the HOME program funding for FY2024/PY2023; and
WHEREAS, the Grantee operates a non-profit organization offering housing and services to
low and moderate -income individuals and families, and the City wishes to engage the Grantee
to assist the Grantee in utilizing such funds; and
WHEREAS, the services provided by the Grantee benefit citizens of the City of Corpus
Christi and constitute a valuable public service; and
WHEREAS, the City Council of the City of Corpus Christi has declared programs of the
Grantee to be a public purpose and the provision of these services to be a predominate purpose
of this transaction; and
WHEREAS, the Grantee and the services it provides have been found to meet the criteria for
funding as a Community Housing Development Organization (CHDO) under provision 24 CFR
92.206; and
WHEREAS, the Grantee will ensure that any expenditure of HOME funds will be in
compliance with the requirements of 24 CFR 92.206 as a Community Housing Development
Organization (CHDO); and
WHEREAS, the accomplishment of the above public purpose is that the CHDO, Habitat for
Humanity Corpus Christi, Inc., may use HOME funds for eligible HOME activities, such as single
family land acquisition, rehabilitation of homebuyer property and/or new construction of
homebuyer property; and
WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge
and experience necessary for the HOME Project, and that the City will receive adequate
consideration in the form of substantial public benefit; and
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NOW, THEREFORE, it is agreed between the parties hereto that:
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I. SCOPE OF SERVICE
A. Scone of Work by CHDO for Oualifving Homebuvers
The Grantee (CHDO) will be responsible for land acquisition and construction of two (2) new
single-family homes, as detailed in the Scope of Work and Budget and Construction Schedule
attached as exhibits to this agreement and incorporated by reference. The Grantee will obtain a
Certificate of Occupancy from the City's Building Official for each home completed, and
approval from the City's HOME Programs Manager to transfer title to these homes to qualifying
low-income Homebuyers, which have been approved by the City's HOME Programs Manager
within 36 months from the effective date of this Agreement, pursuant to 24 CFR 92.
B. National Obiectives
The Grantee (CHDO) certifies that the Project will meet the HOME Investment Partnerships
Grant Program's National Objective of benefiting low/moderate income Homebuyers with
affordable housing, as defined in 24 CFR Part 92.
C. City Resnonsibilities
1. City agrees to provide Grantee (CHDO) assistance from Department of Housing and
Urban Development HOME Investment Partnerships grant funds in an amount not to
exceed $431,500.00 in return for Grantee performing the activities set forth in this
Agreement as consideration for said funds.
2. It is expressly understood and agreed by the parties hereto that City's responsibilities
are contingent upon the actual receipt of adequate federal funds to meet City's liabilities
under this Agreement. If adequate funds are not available to make payments under this
Agreement, City shall notify Grantee in writing within a reasonable time after such fact is
determined, and the City shall terminate this Agreement and will not be liable for failure
to make payments to Grantee under this Agreement.
3. City shall not be liable to Grantee for any costs incurred by Grantee, or any portions
thereof, which have been paid to Grantee or which are subject to payment to Grantee, or
which have been reimbursed to Grantee or which are subject to reimbursement to Grantee
by any source other than City or Grantee.
4. City shall not be liable to Grantee for any costs incurred by Grantee which are not
allowable eligible costs, as set forth in 24 CFR §92.206 and §92.254(a)(1)-(2).
5. City shall not be liable to Grantee for any costs incurred by Grantee or for any
performances rendered by Grantee which are not strictly in accordance with the terms of
this Agreement.
6. City shall not be liable to Grantee for any costs incurred by Grantee in the performance
of this Agreement which have not been billed to City by Grantee within ninety (90) days.
7. City shall not be liable for costs incurred or performances rendered by Grantee before
commencement of this Agreement or after termination of this Agreement.
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D. Grantee's Responsibilities
1. Grantee shall perform all activities in accordance with its budget, under all
applicable laws and regulations and with the assurance certifications and all other
terms, provisions, and requirements set forth in this Agreement.
2. Grantee shall submit to City such reports on the operation and performance of this
Agreement during its program activity timeframe, as required by the City.
3. In addition to the limitations on liability otherwise specified in this Agreement, it
is expressly understood and agreed by the parties hereto that if Grantee fails to submit
to City in a timely and satisfactory manner any report required by this Agreement, City
may, at its sole option and in its sole discretion, withhold any or all payments otherwise
due or requested by Grantee hereunder. If City withholds such payments, it shall notify
Grantee in writing of its decision and the reasons therefore. Payments withheld
pursuant to this paragraph may be held by City until such time as the delinquent
obligations for which funds are withheld are fulfilled by Grantee.
4. Grantee shall refund to City any sum of money which has been paid to Grantee by
City which City determines has resulted in overpayment to Grantee, or which City
determines has not been spent by Grantee strictly in accordance with the terms of this
Agreement. Such refund shall be made by Grantee to City within thirty (30) working
days after such refund is requested by City.
5. Grantee agrees to comply with applicable fe d e r a l administrative requirements,
as described in 24 CFR 92.251 as it relates to property standards and Housing Quality
Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as applicable,
and Lead Based Paint Requirements as found in 24 CFR92.355 and 24 CFR Part 35.
6. Grantee agrees to comply with Housing and Urban Development (HUD) Outcome
Performance Measurement requirements and reporting.
7. Grantee agrees to carry out the activities under this Agreement in compliance with
all Federal laws and regulations described in 24 CFR Chapter 92.
8. Grantee will verify and certify eligibility when the activity is a Low -mod
Clientele program by signing and dating the Self Certification form.
9. Grantee shall furnish Proof of Insurance Coverage for Project - Within 10 business days of
closing on the Property to be purchased for the Project described in this Agreement, Grantee
shall provide the City with a copy of Certificate of Insurance showing proof that Habitat has
obtained insurance policies for the Property and Project in the type and amount as set forth in
the Insurance Exhibit attached hereto and incorporated by reference to this agreement.
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E. Levels of Accomplishment/ Timeline
In addition to the administrative services required as part of this Agreement, the Grantee
agrees to utilize all funds within 36 months from the effective date of this Agreement, as
indicated in the Construction Schedule Exhibit attached to this agreement.
F. Performance Monitoring
The City will monitor the performance of the Grantee for compliance with goals and
requirements as required or as it deems necessary in accordance with the regulations.
Desk monitoring will take place on a monthly basis during grantees program activity
timeframe. Substandard performance as determined by the City will constitute non-
compliance with this Agreement. If action to correct such substandard performance is not
taken by the Grantee within a reasonable period of time after being notified by the City in
writing, Agreement suspension or termination procedures will be initiated.
Monitoring process will be as follows:
Monitoring letter sent to Grantee identifying concerns and findings if any within
thirty (30) days of monitoring visit.
Grantee must provide a w linen response within thirty (30) days to the monitoring
letter that describes how the Grantee will resolve any issues. If no deficiencies were
noted, Grantee must confirm receipt of report within thirty (30) days of the date of
the letter.
II. TIME OF PERFORMANCE
Services of the Grantee shall start beginning the effective date of this agreement, and
terminate within 36 months from the effective date of this Agreement, unless timeline extended
by all parties in writing. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the Grantee remains in control
of HOME funds or other assets, including program income.
III. BUDGET
Line Item:
Amount:
HOME New Construction: Habitat for Humanity shall purchase 2 lots to
build, construct 2 new single family residential homes for low income
families.
$ 431,500.00
TOTAL:
$431,500.00
The City may require a more detailed budget breakdown than the one contained herein, and
the Grantee shall provide such supplementary budget information in a timely fashion in the
form and content prescribed by the City. Any changes to this budget must be approved in
writing by the City.
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IV. PAYMENT
All payments to Grantee shall be on a monthly reimbursement basis. The Grantee will
have incurred the expense or paid for the expense and submit detailed source
documentation to the City when requesting payment.
It is expressly agreed and understood that the total amount to be paid by the City under
this Agreement shall not exceed $431,500.00. Drawdowns for the payment of eligible
expenses shall be made against the line item budgets specified in Paragraph III herein and
in accordance with performance.
Payment requests must be submitted with back-up documentation such as time sheets,
paycheck stubs, receipts, invoices, billing statements or other verification in support of
all expenditures incurred and charged to the Grantee.
Payments may be contingent upon certification of the Grantee's financial management
system in accordance with the standards specified in 24 CFR 84.
V.NOTICES
Communication and details concerning this contract shall be directed to the following
Agreement representatives:
TO CITY: City of Corpus Christi TO HABITAT: Habitat of Humanity Corpus Christi
Planning & Community Dev. 1901 Lipan Street
Grant Monitory Division Corpus Christi, Texas 78408
P.O. Box 9277 ATTN: Executive Director
Corpus Christi, Texas 78469-9277
CC: City Attorney's Office
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
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VI. GENERAL CONDITIONS
A. General Compliance
The Grantee agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 92 (the HOME Investment Partnerships Program). The Grantee also
agrees to comply with all other applicable Federal, state and local laws, regulations, and
policies governing the funds provided under this Agreement. The Grantee further agrees to
utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Grantee shall at all times remain an "independent contractor" with respect to the services to
be performed under this Agreement. The City shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and/or medical insurance and
Workers' Compensation insurance as the Grantee is an independent contractor.
C. Indemnity and Release
Grantee shall INDEMNIFY, DEFEND and HOLD HARMLESS, to the fullest extent
permitted by law, the City, and City's respective officers, employees, elected officials,
representatives, and agents, from and against, any and all losses, damages, claims or
liabilities, of any kind or nature, which arise directly or indirectly, or are related to, in any
way, manner or form, the activities contemplated hereunder.
Grantee shall pay to the City, the City's respective officers, employees, elected officials
and/or agents, as applicable, all attorneys' fees incurred by such parties in enforcing
Grantee's indemnity in this section.
The City, and its respective officers, employees, elected officials and agents shall not be
liable for, and Grantee hereby releases the City, and its respective officers, employees,
elected officials and agents from any losses, damages, claims or liabilities to Grantee.
The indemnity and release provided herein shall survive the termination or voidance of this
Agreement.
D. Right to Exercise
The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief
in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set
forth herein are cumulative and not exclusive, and may be exercised concurrently. To the
extent of any conflict between this provision and another provision in, or related to, this
document, the former shall control.
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E. Workers' Compensation
The Grantee shall provide WorkersCompensation insurance coverage for all of its
employees involved in the performance of this Agreement, and shall require all contractors,
subcontractors and/or non -employees of the Grantee who work on the project to provide
their workers with workers compensation insurance.
F. Insurance and Bonding
The Grantee shall carry sufficient insurance coverage to protect Agreement assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a
blanket fidelity bond covering all employees in an amount equal to cash advances from the
City.
The Grantee shall comply with the bonding and insurance requirements of 24 CFR Parts 84
and 85, Bonding and Insurance.
G. Grantor Recognition
The Grantee shall insure recognition of the role of the grantor agency in providing services
through this Agreement. All activities, facilities, and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In addition, the Grantee will
include a reference to the support provided herein in all publications made possible with
funds made available under this Agreement.
H. Amendments
The City or Grantee may amend this Agreement at any time, provided that such amendments
make specific reference to this Agreement and are executed in writing, signed by a duly
authorized representative of both organizations, and approved by the City's governing body.
Unless expressly agreed by the parties in such written amendments, such amendments shall
not invalidate this Agreement nor relieve or release the City or Grantee from its obligations
under this Agreement.
The City may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, or any other material modification that
would have a material financial impact on the Grantee, such modifications will be
incorporated only by written amendment signed by both City and Grantee.
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I. Suspension or Termination
City may terminate this Agreement at any time by giving written notice to the other
party of such termination and specifying the effective date thereof at least 30 days before
the effective date of such termination. In the event of any termination for convenience, all
finished or unfinished documents, data, studies, surveys, maps, models, photographs,
reports or other materials prepared by the Grantee under this Agreement shall, at the option
of the City, become the property of the City, and the Grantee shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents or
materials prior to the termination.
The City may also suspend or terminate this Agreement, in whole or in part, if the Grantee
fails to comply with any term of this Agreement, or with any of the rules, regulations or
provisions referred to herein; and the City may declare the Grantee ineligible for any
further participation in the City's contracts, in addition to other remedies as provided by
law. In the event there is probable cause to believe the Grantee is in noncompliance with
any applicable rules or regulations, the City may withhold up to fifteen percent (15%) of
said contract funds until such time as the Grantee is found to be in compliance by the
City, or is otherwise adjudicated to be in compliance.
The City or Grantee may also teiiiiinate this Agreement in the event of an emergency
or disaster, whether an act of God, natural or manmade, by giving twenty-four (24) hour
notice. The City or Grantee may give said notice verbally to the other party. Any
expenditure incurred prior to receiving notice will be reimbursed; however, in no event
shall the City pay any expenses incurred after notice of termination is received by
Grantee.
VII. ADMINISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards
The Grantee agrees to comply with 24 CFR 84 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Grantee shall administer its program in conformance with 24 CFR Part 84 and 85,
"Cost Principles for Non -Profit Organizations". These principles shall be applied for
all costs incurred whether charged on a direct or indirect basis.
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B. Documentation and Record -Keeping
I. Records to be Maintained
The Grantee shall maintain all records required by the Federal regulations specified in 24
CFR Part 92.508 that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meet the National Objective of
the HOME program of benefiting low/moderate income persons;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with HOME assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the HOME program;
f. Financial records as required by 24 CFR Part 92.508 and 24 CFR 84; and
g. Other records necessary to document compliance as required by City.
2. Client Data
The Grantee shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address, income level
or other basis for determining eligibility, and description of service provided. Such
information, solely as it relates to the project being funded hereunder, shall be made
available to Planning and Community Development, Grant Monitoring Department or
their designees for review upon request.
3. Disclosure
The Grantee understands that client information collected under this Agreement is private,
and the use or disclosure of such information, when not directly connected with the
administration of the City's or Grantee's responsibilities with respect to services provided
under this Agreement, is prohibited unless written consent is obtained from such person
receiving service and, in the case of a minor, that of a responsible parent/guardian, unless
otherwise required by law.
4. Property Records
With respect to the HOME Project, land acquisition component being contemplated by
this Agreement, the Grantee shall maintain real property inventory records which clearly
identify properties purchased, improved or sold.
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5. Close -Outs
The Grantee's obligation to the City shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the City), final close-out reports and final inspection.
6. Audits & Inspections
All Grantee records with respect to any matters covered by this Agreement shall be made
available to the City, grantor agency, their designees or the Federal Government, at any
time during normal business hours, as often as the City or grantor agency deems
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the Grantee within 30 days
after receipt by the Grantee. Failure of the Grantee to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the
withholding of future payments. The Grantee hereby agrees to all disclosures for annual
agency audit conducted in accordance with current City policy concerning Grantee
audits and, as applicable, 24 CFR Parts 84 and 85.
C. Reporting and Payment Procedures
1. Payment Procedures
The City will pay to the Grantee funds available under this Agreement based upon
information submitted by the Grantee and consistent with any approved budget and
City policy concerning payments. All payments will be made for eligible expenses
actually incurred by the Grantee, and not to exceed actual cash requirements. Payments
will be adjusted by the City in accordance with advance fund and program income
balances available in Grantee accounts.
2. Monthly Performance Reports and Completion Report
Grantee shall submit to City a Monthly Performance, Financial Report, and narrative
information during their program activity time frame as requested by the City, in a
format prescribed by the City and shall include the amount of funds expended for each of
the eligible activities. Grantee shall submit the reports monthly no later than the 20th of
each month.
Grantee shall accurately complete a Project Completion Report (HUD form 40097) upon
completion of each Project activity and forward the original completed form to the City within
ninety (90) calendar days after Habitat's receipt of the final remittance of project funds by the
City. Grantee understands and acknowledges that new Project Set-up Reports will not be
processed by the City if there are any outstanding Project Completion Reports outstanding.
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The September financial and narrative reports must be submitted by Grantee on or before
September 30th. The performance report will remain due by the 20th of the following
month. Reporting will continue from the start of program activity till the end of the
program year. End of year reports are required of Grantee.
D. Procurement
1. C:ornnliance
The Grantee shall comply with current City policy concerning the purchase of equipment
and shall maintain inventory records of all non -expendable personal property as defined
by such policy as may be procured with funds provided herein. All program assets
purchased with such funds (unexpended program income, property, equipment, etc.) shall
revert to the City upon termination of this Agreement; provided however, that such assets
that revert to the City shall not include the actual infrastructure and/or real estate that is
being improved by the funds made available under this Agreement, the same shall belong
to Grantee (unless Grantee specifically dedicates and/or deeds certain portions of the
streets, alleys and other utility easements to the City under standard real estate
development practices)
2. Travel
The Grantee shall obtain written approval from the City for any travel outside the
metropolitan area with funds provided under this Agreement.
VIII. GRANTEE PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Grantee agrees to comply and to require all subcontractors to comply with Title VI of
the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Section I 04(b) and Section I 09 of Title I of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and
12086.
2. Davis Bacon Act
Grantee understands and agrees that Davis -Bacon Wage and Hour Requirements shall apply to
HOME funded projects when, in accordance with 24 CFR 92.354, twelve (12) or more units are
rehabilitated or newly constructed. The City acknowledges that this Project has less than twelve
(12) HOME -assisted units and these requirements may not be applicable in this instance.
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3. Nondiscrimination
The Grantee will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital/familial status, or status with regard to public assistance. The
Grantee will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include, but are not limited to, the
following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. The Grantee agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
agency setting forth the provisions of this nondiscrimination clause.
4. Section 504
The Grantee agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits
discrimination against the handicapped in any Federally -assisted program. The City shall
provide the Grantee with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
5. Policies
The Grantee shall maintain current copies of its fair housing and equal opportunity
policies. The Grantee shall provide a copy of said policies to the City immediately upon
request.
B. Affirmative
Action
1. Approved Plan
The Grantee agrees that it shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as provided
in the President's Executive Order 11246 of September 24, 1965, Grantees receiving
federal funds through the City are required to develop a written affirmative action program
to insure that equal opportunity is provided in all aspects of their employment.
2. WIIVIBE
The Grantee will use its best efforts to afford minority- and women -owned business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the term "minority and female business enterprise"
means a business at least fifty-one percent (51%) owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
Afro- Americans, Spanish-speaking, Spanish -surnamed or Spanish -heritage Americans,
Asian- Americans, and American Indians.
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3. Access to Records
The Grantee shall furnish and cause each of its own subrecipients or subcontractors to
furnish all information and reports required hereunder and will permit access to its books,
records and accounts by the City, HUD or its agent, or other authorized Federal officials
for purposes of investigation or audits to ascertain compliance with the rules, regulations
and provisions stated herein.
4. EEO/AA Statement
The Grantee will, in all solicitations or advertisements for employees placed by, or on
behalf of, the Grantee, state that it is an Equal Opportunity or Affirmative Action
employer.
S. Subcontract Provisions
The Grantee will include the provlslons of Paragraphs X. A., Civil Rights, and X. B.,
Affirmative Action, in every subcontract or purchase order, specifically or by reference,
so that such provisions will be binding upon each of its own subrecipients or
subcontractors.
C. Compliance with Federal, State and Local Laws
Grantee covenants and warrants that it will comply with all applicable laws, ordinances, codes,
rules and regulations of the: State, local and federal governments, and all amendments thereto,
including, but not limited to: Title 8 of the Civil Rights Act of 1968; Equal Opportunity and Housing
Section 3 of the Housing and Urban Development Act of 1968; Housing and Community
Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the HOME
Investment Partnerships Program. The Grantee and City agree that venue shall be in Corpus Christi,
Nueces County, Texas for any and all claims, suits arising out of this HOME project or arising out
of the provisions and maintenance of this agreement.
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D. Employment Restrictions
1. Prohibited Activity
The Grantee is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; sectarian or religious activities; and
lobbying, political patronage, and nepotism activities.
2. Labor Standards
The Grantee agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours
and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 276a-276a-5; 40
USC 327 and 40 USC 276c) and all other applicable Federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the performance of
this Agreement. The Grantee shall maintain documentation which demonstrates
compliance with hour and wage requirements of this part. Such documentation shall be
made available to the City for review upon request. The Grantee agrees that, except with
respect to the rehabilitation or construction of residential property containing less than
eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair work financed in whole or in part with assistance
provided under this Agreement, shall comply with Federal requirements adopted by the
City pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided, that if wage
rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require
payment of the higher wage. The Grantee shall cause or recquire to be inserted in full, in
all such contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135,
and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and binding upon the City, the Grantee and any of the Grantee's
subrecipients and subcontractors. Failure to fulfill these requirements shall subject the
City, the Grantee and any of the Grantee's subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which
Federal assistance is provided. The Grantee certifies and agrees that no contractual or
other disability exists which would prevent compliance with these requirements.
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The Grantee further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be pc/formed under this contract is a project assisted under a program
providing direct Federal financial assistancefromHUD and is subject to the requirements
of Section 3 (qf the Housing and Urban Development Act of 1968), as amended, 12 USC
1701. Section 3 requires that, to the greatest extent feasible, opportunities fur training and
employment be given to low- and -very low-income residents of the project area, and
contracts )(Or work in connection with the project be awarded to business concerns that
provide economic opportunities fur low and very low-income persons residing in the
metropolitan area in which the project is located."
The Grantee further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement
of lead- based paint hazards), housing construction, or other public construction project
are given to low- and very low-income persons residing within the metropolitan area in
which the HOME -funded project is located; where feasible, priority should be given to
low- and very low-income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project are given
to business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the HOME -funded project is
located; where feasible, priority should be given to business concerns which provide
economic opportunities to low- and very low-income residents within the service area or
the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs.
The Grantee certifies and agrees that no contractual or other legal incapacity exists which
would prevent compliance with these requirements.
b. Notifications
The Grantee agrees to send to each labor organization or representative of workers with
which it has a collective bargaining Agreement or other contract or understanding, if any,
a notice advising said labor organization or worker's representative of its commitments
under this Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
c. Subcontracts
The Grantee will not subcontract with any entity where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR 135, and will not let
any subcontract unless the entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
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E. Conduct
1. Assiznability
The Grantee shall not assign or transfer any interest in this Agreement without the prior
written consent of the City thereto; provided, however, that claims for money due or to
become due to the Grantee from the City under this Agreement may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
2. Subcontracts
a. Approvals
The Grantee shall not enter into any subcontracts with any agency or individual in the
performance of this Agreement without the written consent of the City prior to the
execution of such Agreement.
b. Monitorirw
The Grantee will monitor all subcontracted services on a regular basis to assure
Agreement compliance. Results of monitoring efforts shall be summarized in written
reports and supported with documented evidence of follow-up actions taken to correct
areas of noncompliance.
c. Content
The Grantee shall cause all of the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
d. Selection Process
The Grantee shall undertake to insure that all subcontracts for the performance of this
Agreement shall be awarded on a fair and open competition basis. Executed copies of
all subcontracts shall be forwarded to the City along with documentation concerning the
selection process.
e. Suspension / Disbarment
The Grantee shall not enter into any subcontracts with an agency, business or individual
that has been suspended, disbarred or otherwise excluded from federal grants. The
Grantee shall maintain records demonstrating that it has reviewed potential
subcontractors against the debarred and excluded list prior to committing any grant
funds to a subcontract.
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3. Hatch Act
The Grantee agrees that no funds provided, nor personnel employed under this Agreement,
shall be in any way or to any extent engaged in the conduct of political activities in violation
of Chapter 15 of Title V United States Code.
4. Conflict of Intercsi
The Grantee shall maintain written codes of conduct that govern the performance of its
employees engaged in the award and administration of contracts. Said codes of conduct
shall be in compliance with 24 CFR 84.42.
Further, Grantee covenants that it presently has no financial interest and shall not acquire
any financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required under this Agreement. The Grantee fml her
covenants that, in the performance of this Agreement, no person having such a financial
interest shall be employed or retained by the Grantee hereunder. These conflict of interest
provisions apply to any person who is an employee, agent, consultant, officer, or elected
official or appointed official of the City, or of any designated public agencies or
subrecipients which are receiving funds under the CDBG Entitlement program.
5. LobbvinQ-
The Grantee hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative Agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative Agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative Agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions;
c. It will require that the language of paragraph (d) of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative Agreements) and that all subrecipients
shall certify and disclose accordingly; and
d. Lobbying Certification - Paragraph d: A material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
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Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than S10,000 and not
more than $ 100,000 for each such failure. Certificate attached as Exhibit E.
6. Copyright
If this Agreement results in any copyrightable material or inventions, the City and/or
grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials
for government purposes.
7. Religious Organization
The Grantee agrees that funds provided under this Agreement will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious
organization in accordance with the Federal regulations specified in 24 CFR 570.200U).
IX. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Grantee agrees to comply with the following requirements insofar as they apply to
the performance of this Agreement: Clean Air Act, 42 U.S.C. 7401 et seq.; Federal
Water Pollution Control Act, as amended: 33 U.S.C. 1251, et seq., as amended; 1318
relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 and all regulations and
guidelines issued thereunder; and Environmental Protection Agency (EPA) regulations
pursuant to 40 C.F.R., Part 50 as amended.
B. Flood Disaster Protection
in accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 400 I), the Grantee shall assure that, for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
C. Lead -Based Paint
The Grantee agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead -Based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35 and will comply with all applicable
requirements.
D. Asbestos
City agrees to comply with the Texas Asbestos Health Protection Act set forth at Article
4477- 3a Section 12 of the Texas Civil Statutes and the National Emission Standard for
Asbestos Regulations set forth at 40 CFR Part 61.
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E. Historic Preservation
The Grantee agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set fo 1 1 h in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this
Agreement. In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are fifty (50) years old
or older or that are included on a Federal, state, or local historic property list.
X. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not
be affected thereby, and all other parts of this Agreement shall nevertheless be in full
force and effect.
The Parties hereby execute this Agreement on 29.!.1.1..k.D.E.M.U....29.24.
Executed in duplicate originals to be effective as of the date of signature of last Party to sign this
Agreement.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
DocuSigned by:
f26)..
V'
R &rem
City Secretary
lo
APPROVED AS TO FORM:
DocuSigned by:
By: 44—C.1.1A.414;14,
.1cqU'aii'g".7gg4zan
Assistant City Attorney
FY24/PY23 HOME Habitat for Humanity
DocuSigned by:
Vaktitt AA-Gail/a&
Nanne—D4iffe'fiVf6d4In
Title: Director of Planning and Community
DevelopTent
/2u/2024
Date:
Ord. 033116 Authorized By
Council 8/8/2023
Page 20 of 33
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HABITAT FOR HUMANITY, INC.
DocuSigned by:
01AB19A8C1 FE433...
Name: Sandra Gonzalez
Title: President
5/20/2024
Date:
FY24/PY23 HOME Habitat for Humanity Page 21 of 33
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EXHIBIT LIST
Exhibit A Scope of Work & Budget
Exhibit B Construction Schedule
Exhibit C Insurance Requirements
Exhibit D Other Federal Requirements
Exhibit E Certification Regarding Lobbying
Exhibit F HOME Rental and Income Limits
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Exhibit A
Preliminary Budget and Construction Schedule
HOME FY2024/PY2023 Award
Scope of Work
Construction 3 new homes within 36 months from the effective date of
agreement for low income families.
CHDO/Agency Name: Habitat for Humanity Corpus Christi, Inc.
HOME FY2024-PY2023
TBD
Amount
$ 431,500.00
Property Owner:
Total Project Costs $ 485,000.00
Amount
Project Financial Resources: (list may be adjusted to meet your project)
(Funds available to complete project)
Deferred Developer Fee
FY2024/PY2023 HOME Fund $ 431,500.00
Conventional Loan
Total Funds Available for Project $ 431,500.00
Estimated Expenses: (list may be adjusted to meet your project)
(List estimated expenses to complete your project) such as:
Land Acquisition $ -
Site Work Costs $ 9,000.00
Direct New Construction Costs (includes HOME funds) $ 450,000.00
Other Construction Costs (Fees, OH, Profit) $ 15,000.00
Contingency $ 1,000.00
Indirect / Soft Costs $ 10,000.00
Developer Fees $
Financing Related Costs $
Project Reserves $
Total Project Cost $ 485,000.00
If funds cannot be rolled over to next contract we can try to acquire matching donor funds.
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Exhibit B
Preliminary Construction Schedule
(Project Dates for completion of key project phases)
Projected Dates
Design/Bid Documents (specification packet) completed 11/1/2024
Platting/Soil Testing (lead based paint, environmental, etc.) 11/1/2024
Construction Contract Award 11/15/2024
Land Acquisition 11/15/2024
Start Construction 11/30/2024
Construction 100% completion 6/1/2025
NOTE: HUD/HOME Program does not require Participating Jurisdiction (PJ-City of Corpus Christi)
to manage procurement process, Developer is required to obtain a Prime Contractor. Although
HUD/HOME Program does not require PJ to manage procurement process, HOME does require PJ
to secure copies of contract with Prime Contractor and therefore said contract must be provided
to PJ.
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EXHIBIT C
INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates
of Insurance with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30-day advance written notice of
cancellation, non -renewal, material change
or termination required on all certificates
Bodily Injury and Property Damage
Per occurrence - aggregate
and policies.
CRIME/EMPLOYEE DISHONESTY
Contractor shall name the City of Corpus
$450,000 Per Claims Made
Christi, Texas as Loss Payee
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
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City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal,
material change or termination in coverage and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2023 Insurance Requirements Exhibit
Professional Services — Crime -Employee Dishonesty
08/16/2023 Risk Management — Legal Dept.
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EXHIBIT D
OTHER FEDERAL REQUIREMENTS
Habitat for Humanity Corpus Christi Inc. Corpus Christi Inc., shall comply with
all federal, state, and local laws, rules, and regulations applicable to the activities,
services and performances rendered by Habitat for Humanity Corpus Christi Inc.,
under the FY2024/PY2023 HOME funding Agreement executed between the City of
Corpus Christi and Habitat for Humanity Corpus Christi Inc.; but not limited to, the
laws, rules, and the regulations specified in Sections I through V of this Exhibit F.
CIVIL RIGHTS
• The Fair Housing Act (42 U.S.C. Sections 3601-20) and implementing
regulations at 24 CFR Part 100; Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., p. 652 and 3 CFR, 1980
Comp., p. 307) (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000ed) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations issued at 24 CFR Part 1, Nondiscrimination
Provisions of 92.350;
• Executive Order 11063, as amended by Executive Order 12259, and 24
CFR Part 107, "Nondiscrimination and Equal Opportunity in Housing under
Executive Order 10063." The failure or refusal of Habitat for Humanity
Corpus Christi Inc. to comply with the requirements of Executive Order
11063 or 24 CFR Part 107 shall be a proper basis for the imposition of
sanctions specified in 24 CFR Part 107.60;
• The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. Sections 6101-07) and implementing
regulations at 24 CFR Part 146, and the prohibitions against discrimination
against handicapped individuals under Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. Sec. 794) and implementing regulations at 24 CFR Part
8;
• The requirements of Executive Order 11246 (3 CFR, 1964-65, Comp., p.
339) (Equal Opportunity) and the implementing regulations at 24 CFR Part
8;
• The requirements of Executive Orders 11625 and 12432 (concerning
Minority Business Enterprise), and 12138 (concerning Women's Business
Enterprise consistent with HUD's responsibilities under these Orders. Each
applicant must make efforts to encourage the use of minority and women's
business enterprises in connection with HOME funded activities. Habitat
for Humanity Corpus Christi Inc. must prescribe procedures acceptable to
the CCCIC to establish activities to ensure the inclusion, to the maximum
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extent possible of minorities and women and entities owned by minorities
and women. Habitat for Humanity Corpus Christi Inc., will be required to
identify contracts which have been bid by minority owned, women owned,
and/or small disadvantaged businesses;
• The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.); and
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and
"Nondiscrimination Based on Handicap in Federally -Assisted Programs and
Activities of the Department of Housing and Urban Development," 24 CFR
Part 8. By signing the agreement between CCCIC and TG110, Inc., Habitat
for Humanity Corpus Christi Inc., understands and agrees that the
activities funded herein shall be operated in accordance with 24 CFR Part 8
and the Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et. seq.),
including the use of a telecommunications device for deaf persons (TDDs)
or equally effective communication system.
• Nepotism - shall not employ in any paid capacity any person who is a member
of the immediate family of any person who is currently employed by who is a
member of a governing body. The term "member of immediate family" shall
include: wife, husband, son, daughter, mother, father, brother, sister, in-law,
aunt, uncle, cousin, nephew, niece, step-parent, step -child, half-brother and
half-sister.
• Sectarian Activity - none of the performance rendered hereunder shall
involve, and no portion of the funds received hereunder shall be used, directly
or indirectly, for the construction, operation, maintenance or administration of
any sectarian or religious facility or activity, nor shall said performance
rendered or funds received be utilized so as to benefit, directly or indirectly,
any such sectarian or religious facility or activity.
II. LEAD -BASED PAINT
• Title IV of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Sec.
4831), including Mold and other health hazards.
III. ENVIRONMENTAL STANDARDS
• Environmental Review Procedures for Title I Community Development Block
Grant Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April
12, 1982);
• National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.)
and 40 CFR Parts 1500-1508;
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• The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.)
as amended; particularly Section 106 (16 U.S.C. Sec. 470f);
• Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13 1971 (36 Fed. Reg. 8921), particularly Section 2(c);
• The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly
Section 3 (16 U.S.C. Sec. 469a-1), as amended by the Archeological and
Historic Preservation Act of 1974;
• Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as
amended, particularly Sections 102(a) and 202(a) [(42 U.S.C. Sec. 4012a
(a) and Sec. 4106(a)];
• Executive Order 19988, Floodplain Management, May 24, 1977 (42 Fed.
Reg. 26951), particularly Section 2(a);
• Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed.
Reg. 26961), particularly Sections 2 and 5;
• The Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.)
as amended, particularly Sections 307(c) and (d) [(16 U.S.C. Sections 1456
(c) and (d)];
• The Safe Drinking Water Act of 1974 (42 U.S.C. Sec. 201.300(f) et seq.),
and (21 U.S.C. Sec. 349) as amended, particularly Section 1424(e) [(42
U.S.C. Sections 300h-303(e)];
• The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as
amended, particularly Section 7 (16 U.S.C. Sec. 1536);
• The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as
amended, particularly Sections 7(b) and (c) [(16 U.S.C. Sections 1278(b)
and (c)];
• The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly
Sections 176(c) and (d)); and
• Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et seq.)
• 24 CFR Part 51, Environmental Criteria and Standards.
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IV. RELOCATION AND ACQUISITION
• The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR
Section 570.496a [(55 Fed. Reg. 29309 (July 18, 1990)].
V. APPLICABLE HOME PROGRAM PROVISIONS
HOME Designated Units:
• Covenant Of Affordability - 24CFR 92.252(e)
• Subsidy Limits — 221(d)(3)
• Property Standards — 24CFR 92.251
• Home Income Limits — 24CFR 92.216
• Part 5 ("Section 8") — 24CFR 5.609, 24CFR 92.203(b), or US Census long
form, or IRS Form 1040; 24CFR 92.203(a) and 92.252(h).
• Affirmative Marketing responsibilities as outlined in 24CFR92.351
• Displacement, Relocation and Acquisition, CFR 92.353
• Faith Based Activities, 24CFR 92.257
• All other applicable HUD, HOME, federal, state and local regulations.
Project Name: FY2024/PY2023 HOME Habitat for Humanity Corpus Christi Inc.
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EXHIBIT
CERTIFICATION REGARDING LOBBYING
FOR AGREEMENTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of its knowledge and belief, that:
1. Nafederal appropriated funds have been paid orwill bepaid, by oronbehalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a member of congress, an officer or employee of congress, or an employee of
member ofcongress in connection with the awarding ofany federal agreement, the making of
any federal grant, the nnaNmg of any federal loan, the entering into of any cooperative
agreement, or modification of any federal agreement, grant, loan, or cooperative agreement.
I If any funds other than federal appropriated fuinds have been paid or will be paid to any
person for influencing or attemptingto influence an officer or em�loyee of any agency, a member
of congress, an officer or ermp|oyee of congress, or an employee of a member of congress in
connection with this federal agreement, grant, loan, or cooperative agreement, the undersigned
shall complete and submit standard form — LLL "Disclosure Form to Report Lobbying", in
accordance with its instructions.
3. The undersigned shaUrequirethatthe|amguageofthiscertNlcatiunbeinduded\nthe
award documents for all subavvands at all tiers (including sub-a8Teernents oubgrant, and
agreements under grants, loans, and cooperative agreements) and that shall certify and disclose
accordingly.
This certification is material mepnesmntatom of fact which reliance was placed when this
transaction was made or entered into, submission ofthis certification is prerequisite for making
orentering into this transaction imposed by31U.S.C.Section I35Z. Any person who fails tofile
the required certification shall be subject to a civil penalty ofnot less than $10,800.00and not
more than $100,000,00 foreach! such failure.
(EXECUTION PAGE FOLLOWS)
FY24/PY23 HOME Habitat for Humanity Page 31 of33
DocuSign Envelope ID: E26B2OBB-3DD6-425C-A9F8-771241560190
Habitat for Humanity Corpus Christi, Inc
A Texas nonprofit corporation
By:
Sandra Gonzalez
President of the board of directors
Habitat for Humanity Corpus Christi, Inc.
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on thisday of
, 2024, by
Sandra Gonzalez, President of the Board of Directors for Habitat for Humanity Corpus Christi, Inc.,
a Texas nonprofit corporation, •
[SEAL]
AFTER RECORDING RETURN TO:
NENA NICOLE 4ALE
Notary ID 1131194740
My Commission Expires
July 3, 2025
Notary Public, State of Texas
ATTN: Grant Monitoring Manager
Planning and Community Development Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
FY24/PY23 HOME Habitat for Humanity Page 32 of 33
000uSionEnvelope ID: szoozooB-0000-4zno-A9Fa-771z41neo1no
Exhibit IF
HOME and Housing Trust Fund Homeownership Sales Price Limits FYZ0Z3
(Data through June ZOZZ;New limits effective July 1'ZOZS)
Existing Homes HOME/HTF Purchase Price Limit
County Name
[Netmpo|han/F[NRArea
Name
1-Unit
2-unit
Unadjusted
Median Value
New Homes HOME/HTF Purchase Price Limit
County Name
[Netmpo|han/F[NRArea
Name
1-Unit
2-unit
Unadjusted
Median
Value
See full methodologv for calculating FY 2023 HOME Homeownership Value Limits at:
FY24/PY23HOME Habitat for Humanity Page 33of33