Loading...
HomeMy WebLinkAboutC2005-742 - 12/20/2005 - ApprovedFY05 8~ FY06 HOME FUNDING AGREEMENT METRO MINISTRIES STA~ O~ TEXAS COtJl~ITY ~F NUECES § § KNOW ALL BY THESE PRESENTS: § SEC'i'10N 1. PARTIES TO AGREEMENT (A) This a~reement ("Agreement") is made and entered into by and befinreen the Cor- pus Ghristi Community Irrtprovement Corporation, a non-profit corporation organized under the taws of the State of Texas ("CCCIC"), and Corpus Christi Metro Ministries, Inc., ~ non-profit corporation organized under the laws of the State of Texas ("Metro"). (B) T'he p~rties have severally and collectively agreed, and by the execution of this Agreement are bound, to the mutual obligations and to the performance and accom- plishr~nent of the tasks described in this Agreement. SEC'~ON 2. AGREEMENT PERIOD This ~gree~nent commences on the date of execution by the CCCIC and terminates on Nove~nber 30, 2007, unless otherwise specifically provided by the terms of this Agree- ment. SEC'i'ION 3. GRANT FUNDS (A) The GCCIC agrees to grant Metro up to $150,000 of FY05-06 HOME funds and up to $1~5,000 of FY06-07 HOME funds subject to the conditions in this Agreement. (B) Metro shall execute a covenant to bind the property for a period of years ("Covenant of Affordability"), the terms of which are set out in this Agreement and in the sample which is attached to this Agreement as Exhibit A. The executed Covenant of Affordability will then replace the sample Exhibit A provided with this Agreement, the text a~ the executed Covenant of Affordability is then, by agreement of the parties, incor- pora~d into this document by reference, and the new Exhibit A will be recorded in the offici~tl deed records of Nueces County. The binding terms of the recorded Covenant of Affor~#abili#y will be released upon Metro's completion of the terms and provisions con- tained in tt~s Agreement. 2005-742 04/Zfi/OS And12/20/05 Res 026237 and M2005-435 Metro Ministries SEC~'ION 4. METRO'S PERFORMANCE (A) The grant proceeds must be used by Metro to construct a new facility on real propc~ty owned by Metro and located at 1919 Leopard Street, Corpus Christi, Nueces Courrty, Texas ("Project"). (B) Metro will continue to operate the Project to provide housing to low and moderate incorne families for the term provided in the Covenant of Affordability. These buildings and tmits must be located in the City of Corpus Christi, Texas. (C) In this Agreement, low and moderate income families are defined in accordance with Title 24 CFR 92.2 and calculated based on 24 CFR 92.203(b)(1), ("Housing"), such build~gs and dwellings to be located in Corpus Christi, Texas, as described in the prelirninary budget and construction schedule which is attached to this Agreement as Exhi~-it B~nd which is incorporated in this Agreement by reference ("Budget and Con~ruction Schedule"). (D) The Project shall be administered in accordance with all federal laws, rules, and regulations including, but not limited to, the HOME Investment Partnerships Act at Title II of t#~e Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 127C11, et seq., and implementing federal regulations contained in 24 CFR Part 92; the HOIV~ Pragram Guidelines and Application Package; and Exhibit C, entitled "Other Federal R~quirements," which is attached to this Agreement and which exhibit's text is incorporated in this Agreement by reference. (E) Metro agrees to acknowledge the sponsorship of the CCCIC at any event pro- motirtg the Project or any other Project sponsor. (F) Metro shall perform all activities in accordance with the terms of the assurances, certil~cations, and all other statements made by Metro in its application for the Project funded unci~r this Agreement; and with all other terms, provisions, and requirements set forth in this Agreement. (G) Metro shall provide a matching cash contribution of $40,000 toward the construc- tion c:osts of the Project, such contribution being the required match amount attributable to the FY06-07 HOME funds provided by the CCCIC. SEC~'ION 5. CCCIC'S ~LIGATIONS (A) I~ corts~feration of full and satisfactory performance of the activities referred to in Secti~n 4 of this Agreement, the CCCIC shall make payments under the grant for the actua~ and reasonable costs incurred by Metro during the Agreement period for perfor- man~es re~tdered under this Agreement by Metro, subject to the limitations set forth in this Spection 5. Page 2 of 18 (B) I# is expressly understood and agreed by the parties, that the CCCIC's obligations under this Section 5 are contingent upon the actual receipt of adequate federal funds to meet #he GCCIC's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, the CCCIC shall notify Metro in writing within a reasonable time after such fact is determined. The CCCIC shall then terminate this Agre~ment and will not be liable for failure to make payments to Metro under this Agre~ment. (C) The CCCIC shall not be liable to grant Metro funds for any costs incurred by Metro which are not allowable costs, as set forth in 24 CFR 92.206 and Section 7 of this Agreement. Funds provided under this Agreement may not be used for payment of prohibited activities as defined in 24 CFR 92.214. (D) The CCCIC shall not be liable to grant Metro funds for any costs incurred by Metro or an~ perft~rmances rendered by Metro which are not strictly in accordance with the terms of this Agreement. (E) The CCCIC shall not be liable to grant Metro funds for costs incurred or per- form~ces rendered by Metro before commencement of this Agreement or after termin- ation of thi8 Agreement. SEC"~10N 6. DISBURSE~IAENT OF FUNDS (A) The CCCIC shall provide funds to Metro, under this Agreement, in accordance with the rerc~uirements of 24 CFR 92.502. Metro may not request disbursement of funds under this Atjreement until the funds are needed for payment of eligible costs. All work relatad to a request for disbursement will be inspected prior to disbursement of funds. Funcl~S will be disbursed within ten (10) working days following completion of an inspec- tion resulting in a favorable review and approval by representatives of the CCCIC. (B) tt is e~pressly understood and agreed by the parties that payments under this Agreemen~ are contingent upon Metro's full and satisfactory perFormance of its obliga- tions under #his Agreement. The CCCIC reserves the right to recapture unexpended funds provided under this Agreement in the event the CCCIC determines that Metro will be unable to expend funds within the prescribed time as determined by representatives of the CCCIC. SEC~ON 7. ADMINISTRATIVE REQUIREMENTS, COSTS PRINCIPLES, AND PROICRA~A INCOME (A) I~letro shall comply with federal regulations including, but not limited to, applicable reguf~r#ion~ under OMB Circular No. A-122 and the following requirements of 24 CFR Part 84: §~ 84.2, 84.5, 84.13 through 84.16; 84.26 through 84.28; 84.30; 84.31; 84.34 through 84.37; 84.40 through 84.48; 84.51; 84.60 through 84.62; 84.72; and 84.73 purs~ant to 24 CFR 92.505(b). Page 3 of 18 (B~ Metro shall maintain records of the receipt, accrual, and disposition of all Project and program income funds in the same manner as required for in Section 7(A) above for all funds provided under this Agreement. Metro shall provide reports of program incorne as requested by representatives of the CCCIC and at the termination of this Agreement. (C) All pragram income must be reinvested by Metro and applied towards housing initia~ves for low and moderate income individuals and families including, but not limited to, ac~quisititm and rehabilitation of rental or home ownership projects, such initiatives being subject to Metro obtaining prior written approval of the CCCIC prior to any com- mitment or expenditure of the program income. SEC'flON 8. RETENTIU~1 AND ACCESSIBILITY OF RECORDS (A) Metro shall establish and maintain those records listed under 24 CFR 92.508 and other recor~ds as may be determined by CCCIC. (B) Metro shall give representatives of the CCCIC, the Comptroller of the United Stat~s, or ~ny other duly authorized representatives, access to and the right to examine all books, accounts, reconds, reports, files and other papers, things, or property belong- ing to or in use by Metro pertaining to this Agreement. Such rights to access shall con- tinue as lo~g as the records are retained by Metro. Metro agrees to maintain such records in an accessible location. (C) All records pertinent to this Agreement shall be retained by Metro for five years follo~nang the date of termination of this Agreement or of submission of the final close- out r~ort, whichever is later, with the following exceptions: If any litigation; claim, or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records shall be main- tained until all litigation, claims, or audit findings involving the records have b~en resolved. 2. Records relating to real property acquisition shall be retained for the period of a~ordability required under 24 CFR 92.254 or 24 CFR 92.252 as applicable, plus five years. 3. Records covering displacement coupled with acquisition must be retained for at least five years after the date on which all persons displaced from the property and all persons whose property was acquired for the Project have raceived final payment to which they are entitled in accordance with 24 CFR 92.353. Page 4 of 18 (D) Metro shall include the substance of this Section 8 in all subcontracts. (E) Metro must provide citizens, public agencies, and other interested parties with reasc~nable access to this Agreement and other documents and records that directly pertair~ to this Agreement, consistent with the Texas Public Information Act, Texas Govemment Code, Chapter 552, if applicable. SEC'ttON 9. REPORTII~ REQUIREMENTS (A) Metro shall submit to the CCCIC such reports on the operation of the Project and the p~rtormance of Metro related to this Agreement as may be required by the CCCIC including, but not limited to, the reports specified in this Section 9. Metro shall provide the CCCIC with all reports necessary for the CCCIC's compliance with 24 CFR 92.509 and 24 CFR Part 92, Subpart L (B) In addition to the lim~#ations on liability otherwise specffied in this Agreement, it is expr~sly understood and agreed by the parties hereto that, if Metro fails to submit to the CCCIC in a timely and satisfactory manner any report required by this Agreement, the CCCIC may, at its so{e option and in its sole discretion, withhold any or all payments otherwise due or requested by Metro, upon notice in writing of its decision to do so and the r0lated reasons. Payments withheld pursuant to this section may be held by the CCCI~ until the delinquent obligations for which funds are withheld are fulfilled by Metro. (C) ~-cknowledgment of Funding Source. Proj~t furuiing source in all presentations, ment~ regarding the Project. Metro shall give credit to the CCCIC as the written documents, publicity, and advertise- SEC'fiON 't0. MONITORING The CCCIC reserves the right to, from time to time, carry out field inspections to ensure comp~ianc~ with the requi~ements of this Agreement. Metro shall attend a preconstruc- tion r~eetir~g prior to the frrst construction draw. After each monitoring visit, the CCCIC may provicie Metro with a written report of the monitor's findings. If the monitoring re- ports note any de~ciencies in Metro's performance, with respect to this Agreement, the monitering report will include requirements for the timely correction of the deficiencies by M~tro. Failure by Metro to take the action(s) specified in the monitoring report may be caanaase fc~r suspension or termination of this Agreement, as provided in Sections 18 and 19 of this Agreement. SECTION 11. INDEPEI~ENT CONTRACTOR It is e~cpres~ly understood and agreed by the parties to this Agreement that the CCCIC is ca~ract~rtg with Metro as an independent contractor and that Metro, as such, agrees to ho~id the CCCIC harml~ss from and to indemnify the CCCIC against any and all claim~s, der~tands, and causes of action of every kind and character which may be as- Page 5 of 18 serted by any third party occurring or, in any way, incident to, arising out of, or in connection with the services to be performed by Metro under this Agreement. SECTIOlri 12. INDEMNIFICATION (A) ~letr+~ agrees that it shall indemnify the City of Corpus Christi and the ~C(~C, their offi~cers, o~cials, employees, representatives, and age~ts (~:ollectively, "lndemnitees") and hold the lndemnitees harm- less fro~ and against all claims, demands, actions, damages, losses, cos~, liabilities, expenses, and judgments recovered from or ass~rted against Cily of Corpus Christi or the CCCIC on account of inju~~r or damage to person or property to the extent any damage or inju~y m~ry be incident to, arise out of, or be caused, either proxi- mat~-ly c~r remotely, wholly or in part, by an any act or omission, neg~ge~a~ce, or misconduct on the part of Metro or any of its agents, ser~ants, employees, contractors, patrons, guests, licensees, or in- vite~s e~tt~ering upon the Project being improved pursuant to this Agr+~emfnt or when any such injury or damage is the resu/t, proxi- mat~ or remote, of the violation by Metro or any of its agents, ser- van~, ee~np/oyees, contractors, patrons, guests, Iicensees, or invitees of at~y l~w, ordinance, or governmenta/ order ot' any kind, or when any injuty or damage may in any other way arise from or out of the acqui- sitian, re~abilitation, modifrcation, or construction of the Project or out of ti~e use or occupancy of the Project by Metro, its agents, ser- van~, e~ployees, contractors, patrons, guesfs, licensees, or invitees incl~din~, without limitation, any damages or costs which may occur as a result of the design of the rehabilitation, modification, or con- structiorr of the Pro~ct, the bidding process, the actual rehabilitation, moa~f'ica~on, or cor~strucfion of fhe Project, fhe administration of the construc~ion contracts by Metro, the City of Corpus Christi, or the CCG'~IC a~ ifs designee, the failure of the Project prior to completion and acc~tance of tfie rehabilifafion, modifrcation, or construction by Mef~o, th~ failure of the rehabilitation, modi~cation, or construction of the projfct to work as designed, the failure of any contractor or sub- cort~ractor or manufacturer to honor its warranties, or the failure of Met~ to maintain t/ree Project. (B) '~hes~e- terms of indemn~cations shall be effective upon the date of f~al ei~ecution of this Agreement, regardless of whether or not the inju~r or damage may result from the sole negligence, contributory Page 6 of 18 ,,.,.. . _,, ..~ ._ ,,,~ ._ ..A.,e. , _ _ Y _ _._ ~. ., _ _ ~__ _ _ ... ~_.,~ _ _..____.__ _._.. ._. ,~ _. __. ~. _..,, neg~gence, or concurrent negligence of lndemnitees, but nof if the darr~ge or injury may result from the gross negligence or willful mis~ond~ict of Indemnitees. (C) A~/etre~ covenants and agrees that, in case the lndemnitees, or any of tl~em, shal/ be made a party to any litigation against Metro or in any litig~tttion commenc~d by any pariy re/ating to this Agreement and the construa~ion of the Project contemplated under this Agreement, Metro sha~ pay all costs and expenses, including reasonab/e attorneys' fees and cout~t costs, incurred by or imposed upon the City of Corpus Chr~ti or the CCCIC by virtue of any such litigation. (D) ~let% for and in consideration of the CCCIC's participation in this Agr~-em~nt, hereby agrees and covenants that Metro will never insti- tute any ~uit or action at law against the City of Corpus Christi or the CC~iC, t~r their respective o~cers, agents, servants, or employees, ("Ra~lea~ees"), re/atsd to the performance by any party under this Ag-~em~nt, nor institute, prosecute. or in any way aid in the institu- tion or prosecution of any claim, demand, action, or cause of action for d~m~es, costs, expenses, or compensation related to the perlbrm~lnce by any party under this Agreement, whether or not caused by the negli~ence of Re/easees. SEC'~ION 13. SUBCONTRACTS (A) ~xcept for subcontracts to which the federal labor standards requirements apply, Metrc~ may not subcontract for perFormances described in this Agreement without ob- tainirtg the CCCIC's prior written approval. Metro shall only subcontract for perfor- manaes de~cribed in this Agreement to which the federal labor standards requirements do nc~ apaly after Metro has submitted a Subcontractor Eligibility form, as specified by the GCCIC, for each such proposed subcontract and Metro has obtained the CCCIC's prior written approval, based on the information submitted, of Metro's intent to enter into such proposed subcontract. Metro, in subcontracting for any performances described in this A~reement, expressly understands that, in entering into such subcontracts, the CCCiC is not in any manner financially or contractually liable to Metro's subcon- tractar(s}. (B) In no event may any provision of this Section 13, specifically, the requirement that Metro obt~n the CCCIC's prior written approval of a subcontractor's eligibility, be con- strued as relieving Metro of the responsibility for ensuring that the performances ren- dered under all subcontracts are rendered so as to comply with all of the terms of this Agre~ment, as if such performances rendered were rendered by Metro. The CCCIC's approval af a subcontractor's eligibility under this Section 13 does not constitute adop- Page 7 of 18 ,,~ _._. .,~ w~ V,r ~ .~.._ . . _ ..~,. ~_. ~. a._,_ _ , ,:~ .~, ..a ._.~,___~~~ _.. ~„~...a_... ._. .~ .... _ _ _. _.__ __,,, tion, ratifics#ion, or acceptance of Metro's or the subcontractor's performance. The act of a~rova~ of a subcontractor's eligibility under this Section 13 does not waive any right of acEion ur~ich may exist or which may subsequently accrue to the CCCIC under this Agreement. The CCCIC retains at all times the right to insist upon Metro's full compli- ance with the terms of this Agreement. (C) Alletro ~hall comply with all applicable federal, state, and local laws, regulations, and rules v~en making procurements under this Agreement. (D) Atletro shall comply with all applicable federal, state, and local laws, regulations, and rules fr~r the term of this Agreement. SEC'~'ION '14. CONFLICT OF INTEREST Metro sha~l ensure that no person who (1) is an employee, agent, consultant, officer or elected or ~pointed official of Metro that receives funds and who exercises or has exerqsed any functions or responsibilities with respect to activities assisted with funds provided under this Agreement or (2) is in a position to participate in a decision-making process or gain inside information with regard to such activities may obtain a personal or fir~ncial interest or benefit from a HOME-assisted activity or have an interest in any agreement, subcontract, or contract (or the proceeds thereof) with respect to a HOME- assis~d ar,tivity either for themselves or those with whom they have family or business ties, during their tenure and for one year thereafter. Metro shall ensure compliance with applicable provisions under 24 CFR 92.356 and OMB Circular A-110 in the procurement of property and services. SECi'ION 15. NONDISCRIMINATION (A) hAetro shall ensure that no person, on the grounds of race, color, religion, sex, age, hancf~cap, familial status, or national origin, be excluded from participation in, be denied the b+~nefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds provided under this Agreement. (B) In adc~tion, funds provided under this Agreement must be made available in accor- dancre with the requirements of Section 3 of the Housing and Urban Development Act of 19fi8 (12 U.S.C. §170u) such that: (1) To the greatest e~ent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any Project as- sisted with HOMf funds provided under this Agreernent be given to low- income persons residing with the general local government area or metro- pQlitan area or non-metropolitan county in which the Project is located; and (2) To the greatest extent feasible, agreements for work to be performed in connection with any such Project be awarded to business concems, in- Page 8 of 18 ctuding, but not limited to, individuals or firms doing business in the field of pianning, consulting, design, architecture, building construction, rehabilita- tion, maintenance, or repair, which are located in or owned in substantial p~rt by persons residing in the same metropolitan area or non-metropolitan county as the Project. SECTION 16. LEGAL AUTHORITY (A) IOAetro ~assures and guarantees that Metro possesses the legal authority to enter into this A~reerr~--ent, receive funds authorized by this Agreement, and to perform the ser- vices Metro has obligated itself to perform under this Agreement. (B) The person or persons signing and executing this Agreement on behalf of Metro, or repr~senting themselves as signing and executing this Agreement on behalf of Metro, do he~eby warrant and guarantee that he, she, or they have been duly authorized by Metro to execute this Agreement on behalf of Metro and to validly and legally bind Metro ta all termg, perFormances, and provisions in this Agreement. (C) I~Aetro shall not employ, award contracts to, or fund any person or entity that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by the U.S. Department of Housing and Urban Development. In addition, the CCCIC shall have the r~ht to suspend or terminate this Agreement if Metro is debarred, suspended, propased for debarment, or is determined to be ineligible from participating in the HOf1l~ Program. SEC'flON 17. LITIGATION AND CLAIMS (A) Metro shall give the CCCIC immediate notice in writing of: (1) any action, incl~xiing any proceeding before an administrative agency, fil~d against Metro in connection with this Agreement; and (2) any claim against Metro, the cost and expense of which Metro may be en- ti~ed to be reimbursed by the CCCIC. (B) Excep# as otherwise directed by the CCCIC, Metro shall fumish immediately to the CCC~C copies of all pertinent papers received by Metro with respect to such action or claim. SEC'flON "i8. CHANGES AND AMENDMENTS (A) Eacce~ as specifically otherwise provided in this Agreement, any alterations, addi- tions, or de~tions to the terms of this Agreement must be by amendment to this docu- ment in wr~ng and exect:r#ed by both parties to this Agreement. Modifications which do not c~an~ the essential scope and purpose of this Agreement may be approved on be- half aF the CCCIC by the General Manager. Page 9 of 18 (B) It is urtderstood and agreed by the parties to this Agreement that perFormances under this Agreement must be rendered in accordance with the HOME Investment Partr~rship Act of 1990 (the "AcY'), 42 U.S.C. §§12701 et. seq., the regulations pro- mulg~ted under the Act, the assurances and certifications made to the CCCIC by Metro, and the assurances and certifications made to the United States Department of Housing and Urban Development by the CCCIC with regard to the operation of the HON~ Program. Based on these considerations, and in order to ensure the legal and effective performance of this Agreement by both parties, it is agreed by the parties that the ~rformances required under this Agreement may be continually amended by appli- cable provisions to the CCCIC's HOME Program and may further be amended in the folloaring manner: HUD may from time to time during the term of this Agreement establish, interpret, or clarify performance requirements mandated under this Agree- ment. The policy directives promulgated in the form of HOME Issuances have the effect of madifyir~g the terms of this Agreement and are binding upon Metro, as if written and included in this Agreement; provided, however, that said policy directives and any amendments may not alter the terms of this Agreement so as to release the CCCIC of any a~bliga~ion specified in Section 6 of this Agreement to reimburse costs incurred by Metro prior to the effective date of the amendments or policy directives. (C) Any atterations, additions, or deletions to the terms of this Agreement which are requi~+ed by changes in federal laws, regulations, or rules are automatically incorporated into this Agreement without written amendment and become effective on the date desig- nated by the law, regulation, or rule. The CCCIC may require written changes or amendments to this Agreement when any substantial alterations, additions, or deletions to the terms of this Agreement are required by changes in federal laws, regulations, or rules. (D) Metro has provided an estimated Project Budget and Construction Schedule based upon the proposed construction activities stated in this Agreement, such budget and schedule which constitute Exhibit B attached to and incorporated into this Agreement. Ten days prior to the award of any contracts or subcontracts by Metro pursuant to this Agresmen#, Metro shall provide a finalized Project Budget and Construction Schedule, whicM must include a schedule of costs of completion, and a schedule of completion for the v~rious aspects of construction of the Project. The ~nalized Project Budget and Con~ruction Schedule will be substituted for the then existing Exhibit B and becomes Exhik~t B vf this Agreement for all purposes. SECTION 19. SUSPEN~ION In th~ event Metro fails to comply with any of the terms, provisions, or covenants of this Agr~mer~, the CCCIC rnay, in accordance with 24CFR 85.43 and upon written notifica- tion ~ Me~ro, suspend this Agreement in whole or in part, withhold further payments to Metro, and prohibit Metro from incurring additional obligations of funds under this Agree- ment. Page 10 of 18 SECTION Z0. TERMINATION (A) The CCCIC may terminate this Agreement, in whole or in part, in accordance with 24 C~R 85.43 and this Section 20. The CCCIC may terminate this Agreement for con- veni~ce in accordance with 24 CFR 85.44. In the event Metro materially fails, as determined by the CCCIC, to comply with any term of this Agreement, whether stated in a fed~aral statute or regulation, an assurance, in a State plan or application, a notice of award, or etsewhere, the CCCIC may take one or more of the following actions: (1) Temporary withhold cash payments pending correction of the deficiency by Metro or take more severe enforcement action against Metro. (2) Disallow all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the current award for Metro's Project. (4) Wi~hhold further HOME awards from Metro. (5) Take other remedies that may be legally available. (B) Aadditionally, the part~s agree that this Agreement may be cancelled prior to the recei~it of a~ny portion of the funds by Metro by submission, in writing, of a cancellation notice serv~ed by Metro upon the CCCIC. SECTION 21. AUDIT (A) Unless otherwise directed by the CCCIC, Metro shall arrange for the performance of an annuel financial and compliance audit of funds received and performances rendered under this Agreement, subject of the following conditions and limitations: (1) Metro shall have an audit made in accordance with 24 CFR 92.506, 24 CFR Part 44, or OMB Circular A-133 for any of its fiscal years included vvithin the Agreement period specified in Section 2 of this Agreement in which Metro receives more than $300,000 in federal financial assistance provided by a federal agency in the form of grants, agreements, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but federal financial assistance does not include di~-ect federal cash assistance to individuals. The term includes awards of federal financial assistance received directly from federal agencies, or in- di~ectly through other units of state and local government. (2) A# the option of Metro, each audit required by this section may cover either Metro's entire operations or each department, agency, or establishment of Metro which received, expended or otherwise administered federal funds. Page 11 of 18 (3) I~twithstanding Sections 4 and 5 of this Agreement unless amended by fe+deral law, Metro may utilize funds budgeted under this Agreement to pay for that portion of the cost of such required audit services that are properly allocable to the activities funded by the CCCIC under this Agreement; provided, however, that the CCCIC will not make payment for the cost of such audit services until the CCCIC has received such audit report from Metro. (4) Unless otherwise specifically authorized by the CCCIC in writing, Metro shall submit the report of such audit to the CCCIC within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each federal fiscal period included within the period of this Agreement. Audits performed under subsection A of this Section 21 are subject to review and resolution by the CCCIC or its authorized representative. (5) As part of its required audit, Metro shall verify expenditures according to the finalized Project Budget and Construction Schedule attached and incorporated as Exhibit B. (B) Rbtwit#~standing subsection A of this Section 21, the CCCIC reserves the right to request an annual financial and compliance audit of funds received and perFormances rend~ed ~der this Agreement. Metro agrees to permit the CCCIC or its authorized repr~entative to audit Metro's records and to obtain any documents, materials, or inforr~nation necessary to facilitate such audit. Should an audit not be required by sub- sectian A of this Section 21, Metro shall provide, upon the request of the CCCIC, an annu~l audit to the CCCIC of funds received in perFormance of this Agreement. (C) Metro understands and agrees that it shall be liable to the CCCIC for any costs disal~wed pursuant to financial and compliance audit(s) of funds received under this Agreement. Metro further understands and agrees that reimbursement to the CCCIC of such disalbwed costs shall be paid by Metro from funds which were not provided or otherwise rr~ade available to Metro under this Agreement. (D) t~etro shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Section 21 as the CCCIC may require of Metro. (E) All approved HOME audit reports shall be made available for public inspection within 30 d~ys after completion of the audit. SEC'~ION 22. ENVIRON~IAENTAL CLEARANCE REQUIREMENTS Metro und~rstands agrees that, by the execution of this Agreement, it shall assume the resp~nsibi~ies for environmental review, decision making, and other actions in acco~clano~ with and to the extent specified in 24 CFR 92.352 and 24 CFR, Part 58. Page 12 of 18 SECI"ION 23. LABOR STANDARDS All laborers and mechanics employed in the rehabilitation or construction of the Project assi~d under this Agreement that contains 12 or more dwelling units must be paid wag~ at r~tes as determined by the Secretary of Labor in accordance with the Davis- Baco~ Act (40 U.S.C. §276a-5), and contracts involving their employment shall be subjQCt to ~e applicable provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333). Construction contractors and subcontractors must comply with r+egul~ions issued under these acts and with other federal laws and regulations pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. SECTION 2~4. SPECIAL CONDITIONS (A) Release of Funds. The CCCIC shall not release any funds for any costs incurred by Metro under this Agreement until the CCCIC has received certification from Metro that iitss fiscaf control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this Agreement. The CCCIC shall spec~y the content and form of such certi~cation. (B) A~#Ford~bility Requirements. Funds provided under this Agreement must meet the afforc~ability requirements of the federal HOME rules for a period of twenty (20) years from the d~te of completion of construction, such date of completion presently unknown but anticip~ted to be no later than October 31, 2007. Furthermore, at least 20% of the units rehabilitated with funds received under this Agreement must meet federal Section 8 Low Rent limits established by federal law, if applicable to this Project. Metro agrees to repay atl HOME funds governed by this Agreement if the Project fails to comply or ceasss to comply with the affordability requirements set forth in this Agreement and by feder~l law. The affordability requirements must continue to be met throughout the term of thi~ Agreement and are binding upon the successors, assigns, and transferees of the Proje+ct as required by 24 CFR 92.254. (C) Housing Quality Standards. Metro shall ensure that all parts of the Project assisted with ~nds provided under this Agreement meet the requirements of 24 CFR 92.251 and all local bui~ing codes. (D) Affirmative Marketing. If applicable, Metro shall adopt and submit for the CCCIC's approval a~'irmative marketing procedures and requirements not later than 30 days after the d~te this Agreement is executed. The affirmative marketing procedures and re- quire€~ents shall include, but need not be limited to, those specified in 24 CFR 92.351. The CCCIC will assess the efforts of Metro during marketing of the units by use of com- pliance cet#~fication or personal monitoring visits to the Project at least annually. Where Metro fails to follow the affirmative marketing requirements, corrective actions may in- clude extensive outreach efforts to appropriate contacts to achieve the occupancy goals or ott~er sanctions the CCCIC may deem necessary. Metro must provide the CCCIC Page 13 of 18 with an annual assessment of the affirmative marketing program of the Project and its associated development. The assessment must include: (1) Niethod used to inform the public and potential homebuyers about federal fair housing laws and affirmative marketing policy. Metro's advertising vac- ant units must include the equal housing opportunity logo or statement. Advertising media must include newspaper, radio, television, brochures, leaflets, or may involve simply a sign in a window. Metro may wish to use community organizations, places of worship, employment centers, fair housing groups, housing counseling agencies, social service centers or rr~dical service centers as resources for this outreach. (2) Records describing actions taken by Metro to a~rmatively market units and records to assess the results of these actions. Metro must maintain a file containing all marketing efforts (i.e., copies of newspapers ads, memos of phone calls, copies of letters, etc.) to be available for inspection at least annually by the CCCIC. (3) 11Aetro shall solicit applications for vacant units from persons in the housing market who are least likely to apply for the rehabilitated housing without benefit of special outreach efforts. In general, persons who are not of the race or ethnicity of the residents of the neighborhood in which the rehabilitated building is location shall be considered those least likely to apply. (4) Metro shall maintain a listing of all homebuyers residing in each unit through the end of the compliance period. (E) F~eversron of Assets. Upon termination of this Agreement, all funds remaining on hand on tl~e date of termination and all accounts receivable attributable to the use of fund~ rec~ved under this Agreement revert to the CCCIC. Metro shall return these assef~s to the CCCIC within seven (7) business days after the date of termination. (F) Enforcement of Agreement. Metro shall provide the CCCIC with a legatly en- forc~ble Covenant of AfFordabiiity, meeting the requirements set out in the sample Exhik~t A af this Agreement, in order to enforce the affordability requirements of sub- section B of this Section 24. Metro shall record the Covenant of Affordability in the real properrty r~ords of the county where the Project is located and return the original document, duly certified as to recordation by the appropriate county official, to the CCCt~ within finro business days of the final execution of this Agreement. (G) Flood Insurance. Funds provided under this Agreement may not be used in con- nectic~n with acquisition or rehabilitation of a development located in an area identified by tf~ Fec~eral Emergency Management Agency (FEMA) as having special flood haza~ds, un{ess the locality in which the site is located is participating in the National Flood Insurance Program. Page 14 of 18 (H) Displacement, Relocation, and Acquisition. Metro must ensure that it has taken all reas~able steps to minimize the displacement of persons (individuals, families, and business and nonprofit organizations) as a result of the Project assisted with funds pro- vided under this Agreement. Furthermore, Metro must comply with the applicable provi~ions of 24 CFR 92.353. SECTION 25. INSURAI~E (A) L.iability Insurance. Metro shall have in force throughout the term of this Agreement com{~rehensive general liability insurance coverage with a personal/bodily injury endasement in the minimum amount of $500,000 per person/$1,000,000 per occurrence and $100,000 for property damage arising out of each occurrence. The comp~ehensive general liability shall include a contractual liability endorsement. The insurance policy must name the City of Corpus Christi and the CCCIC as additional insureds. A certificate to that effect must be provided to the City of Corpus Christi and to the CCCIC at least ten (10) days prior to the start of construction on the Project. (B) Fire and Extended Coverage. Metro shall have in force throughout the term of this Agreemen# fire and extended coverage insurance in an amount sufficient to cover the replacemer~t cost of the Project. The insurance policy must name the City of Corpus Chris~i and the CCCIC as loss payees using a standard loss payee clause. A certificate to tha~ effect must be provided to the City of Corpus Christi and to the CCCIC prior to the oommencement of construction on the Project. (C) Notice to City of Corpus Christi and CCCIC. Metro shall require its insurance polici+~s to provide that the General Manager of the CCCIC shall be given thirty (30) days advance written notice by the insurer prior to cancellation, non-renewal, or material char~e of the insurance policies required by this Section 25. The insurer is subject to approval by the CCCIC. Failure to maintain any insurance coverage required under this Agreement, of the type and in the amount specified in this Section 25, is cause for the CCCtC to cancel any claim that Metro may have to the use of the Project funds. Metro shall provide the City of Corpus Christi and the CCCIC with certificates of insurance reflec~ting a~l the stated coverages and shall, upon request of the CCCIC, promptly provide the CCCIC with copies of all such insurance policies. (D) Right t~ Re-evaluate and Adjust Limits. The General Manager, or respective desic,~ee, retains the right during the term of this Agreement to re-evaluate the insur~nce requirements and adjust the coverage limits, up or down, upon thirty (30) days written notice to Metro. Insurance coverage limits may not be adjusted more frequ~ently than once per year. SEC~ION ~. ORAL AI~ WRITTEN AGREEMENTS (A) A~lI or~l and written agreements between the parties to this Agreement, relating to the s~bject matter of this Agreement, that were made prior to the execution of this Agre~ment have been reduced to writing and are contained in this Agreement. Page 15 of 18 (B) The attachments enumerated and noted below are made a part of this Agreement and constit~ate promised performances by Metro in accordance with this Agreement: (1) Exhibit A, Sample Covenant of Affordability (2) Exhibit B, Budget and Construction Schedule (3) Exhibit C, Other Applicable Laws and Regulations (4) Exhibit D, Certif~ation Regarding Lobbying SECTION 27. JURISDICTION AND VENUE The parties agree that the laws of the State of Texas apply to any dispute arising under this ~reement. For pur~ses of litigation pursuant to this Agreement, venue lies in Cor~rs Ch~isti, Nueces County. Texas, where this Agreement was entered into and will be pe~fformed. SECTION ~. COMPLI14NCE WITH FEDERAL, STATE AND LOCAL LAWS Metm shall comply with all federal, State, and local laws, statutes, ordinances, rules, and r~egul~rons and with the orders and decrees of any court, administrative body, or tribur~al re~ated to the activities and performances of Metro under this Agreement. Upon requast by the CCCIC, Metro shall furnish satisfactory proof of its compliance with this section of the Agreement. SECTION 29. REMEDIES It is e~cpressly understood and agreed by the parties to this Agreement that any right or reme~fy provided for in this Section 29 or in any other provision of this Agreement will not a+ct to preclude the exercise of any other right or remedy provided under this Agresmer~ or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exerpse any right or remedy under this Agreement does not constitute a waiver of the right ~ exercise that or any other right or remedy at any time. {EXECUTION PAGES FOLLOWj Page 16 of 18 Executed in duplicate originals this ATTEST: / ,; r~~~~~ i ~ ~ Armamdo Chapa Secr~#ary C.~'~, ~.,. ~ day of '\ (~ ~ ~ ~~~ , 2006. Corpus Christi Community Improvement Corporation ~- .~ ~ ~~ ~c 't1 ~~-w,~.,~,o ~ Rex Kinnison President ACKNOWLEDGMENTS STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY 4F NUECES § f`-- ~~C~~..~.~.. This instrument was acknowledged before me on the ~ day of , 2006, by F~x Kinnison, President of the Corpus C~ti Community Improvement Corpo- ration, on behalf of the corporation. . r A+(( ~' ~ ~ ~ `~. ' ~~~ ~~~~rr-~~~~~ TAMERA L f~ILEY ~> NOTARY PUBLIC, State of Texa €.~~ ,; Notary Putr,c: ,.~ STATE Of TE)ir1S ~'!~ My Comm. Exp. 05-16-200H ~ ~"c~~~~ ~ .__.. ~~~R~Ztt ~ ~ t90!lRCll ,~'~ . (~'S h'l :~~" ~ ..~.,._.~ ........................~,.; ~. SEC~iA~ Page 17 of 18 COI~US CHRISTI METRO MINISTRIES, INC. ~ ~ - xect~ ' e r ctor C- - _ ACKNOWLEDGMENTS 0 Date STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument vyas acknowiedged efore me on the ~~'da of ~~=~'t-~~- Y ~ 2006, by ~um ~~~c~,~ a;.~ 1.,~, cxZU , as Executive Director of Corpus Chri~i Metro Ministries, Inc., a Texas nonprofit corporation , on behalf of the corpo- ration. __~~ ~. .. _ ~.~'°:"° M~NA K~~fER WELLS f2~' ~. ~P~~c :. ~t~ary Public, S~te of Taras '• .:• My Commirron F~ires -,%'~~py~ _'EBRUARY21,Z007 "'~^,~:°'~'~~ . _~~ ~ ~~ h `~;'`~~ ~~o.~-~ \~ a zc~c~ c_._. NOTARY PUBLIC, State of Texas Page 18 of 18 EXHIBIT A SAMPLE COVENANT TO BIND PROPERTY FOR PERIOD OF AFFORDABILITY STA~E Of~ TEXAS § § KNOW ALL BY THESE PRESENTS: COl!l~ITY ~ NUECES § Pursuant to an agreement entered into between the Corpus Christi Community Improvement Corporation ("CCCIC") and Corpus Christi Metro Ministries, Inc. ("Metro"), exec~ted on December , 2006, which is incorporated in this instrument by refer~nce ("Agreement"), Metro accepted federal funds, in conjunction with the United Stateas Department of Housing and Urban Development's Home Investment Partnership Prog~am ("MOME Program") administered by the CCCIC, for new construction of a facility on tfie following property: Lots 7, 8, 9, 10, and the west 7.45' of Lot 11, Block 2, Young Addition, of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat on record in the Map Records of Nueces County, Texas, and which is commonly known by its street address of 1919 Leopard Street, located in Corpus Christi, Nueces County, Texas (hereinafter referred to as the "Property"). Pu~auant to the terms, conditions, and covenants contained within the Agree- ment, as owner of the Property and in consideration of receiving the funds, Metro agrees to bind the Property with the affordability requirements specified in the Agree- ment and in Title 24, Part 92, of the United States Code of Federal Regulations, for a periad of not less than tv~enty (20) years from the date of completion of the construction of the facitt~yy, such date of completion presently unknown but anticipated to be no later than October 31, 2007. This instrument constitutes a covenant running with the land and binds all successors, assigns, and transferees of the Property, such Property being subject to this instrument. STATE OF TEXAS § § COI~I-ITY OF NUECES § Sut~scribec~ to and sworn before me this ~ day of ~tE.~,bE~ , 2006, bY _`~~ .1`~~C~.o~ \~~2~,.~,c_- , Executive Director of Corpus Cl~isti Metro Ministries. Inc., a Texas nonprofit corporation, on behalf of the corperation. ..,.~.. T. _ -~.~ . ~ ~ z~ ~'~ ~ ~ ,:;n~~ K~S~€R NY~L$ _ ~ = ' ~ ''~ry ~~a~c, ~e ot'~s ~"Qr~.-.~ ~`-'~~~ ~~~~'~~ = `~`Y~°"'"'~10"~ Notary Public, State of Texas ; ~;,,, ~` '=EBRUARY21; 2007 ~-~. .~ .~ AFT'~R ~ECORDINC3 RETURN TO: ATTI~: Ac~rninistrator, Community Planning Division c/o Corpus Christi Community Improvement Corporation P. O. Box 9277 Cc~pus Christi, Texas 78469-9277 COi~US CHRISTI METRO MINISTRIES, INC. EXHIBIT B CORPUS CHRISTI METRO MINISTRIES, INC FY and Funds Program: FY2QA5/ HOME Proaect Name: Rainbow House Organitation~ Corpus Chris~i Metro Ministries, Inc. Total CDBG FUNDS $150,0~ Preliminarv Budqet (Funds available to complete project) FI~IDS AVAILABLE ~ Proiect Financial Resources AMOUNT • FY 20~5 HOME Funding Amount ....................................... $150.000 • CCMIMI Required Match ............................................... .. ... N/A • Otherfunding ........ ........... ............................................. 1,150.000 TQTAL Ft1NDS AVAILABLE FOR PROJECT... ... _. ........... $1, 300.000 Ea~ima~d Expenses: AMOUNT • Testing, Advertising, Printing, Etc .. _.......... . _ ........ ........ 9,000 • A!E Profiessional Fees .... ... ... . . ..._ .... . . 91,000 • New Construction Cost . .. .. 1,200.000 • Contingencies _ .. .. . _ _ . .. .. TOTAL PROJECT COST .. _ . ... ... ...... $1,300,000 Preliminary Construction Schedule (Projected dates for completion of key project phases) PROJECTED DATE • S~lection of ArchitecUEngineer (A/E) services ...... ... ........ 10-2006 • Design and Bid Documents completed ............... ............. 12-2006 • Award Bi~ and Construction Contract ............................ 01-2007 • Gommencement of Construction ... ... .. ... .. ... ... ... ...... . .... 02-2007 • Construction at 50% Completion ....... .... . . ... ......... ... ... 06-2007 • Construction at 100% Completion ... ... ... .. ...... ............... 10-2007 Page 1 of 2 EXHIBIT B CORPUS CHRISTI METRO MINISTRIES, INC FY and Funds Program: FY20Q6/ HOME Project Name: Rainbow HouSe organ~za~tion ~orpus Christi Metro Ministries, Inc. Total CDBG FUNDS: $125,00~ Preliminarv Bud~et (Funds available to complete project) FU~iDS AVAILABLE ~ Proiect Financial Resources AMOUNT • FY 20fl6 HOME Funding Amount ....................................... $125,000 • CCMII~ Required Match ............................................... .. ... 40,000 + Otherfunding ......... ..... ...,........... 1,135,000 .................................... TOTA~ FUNDS AVAILABLE FOR PROJECT..... ._ ........ ......... $1, 300.000 Es~ma~d Expenses: AMOUNT • Testing, Advertising, Printing, Etc ._ ............ 9,000 • AtE Pra€essional Fees .. _ . ... ... ... _ ..... ... 91,000 • I~w Construction Cost ........ 1,200.000 • Contingencies . _ . . .. .. .. _ TOTAL PROJECT COST . _. _ _ .. .. . .. .. . ........ $1,300,000 Pr~liminarv Construction Schedule (Projected dates for completion of key project phases) PROJECTED DATE • Sslection of Architect/Engineer (A/E) services ... ... ...... ..... 10-2006 • Design and Bid Documents completed ...... ............ ... . .. .... 12-2006 • Award Bid and Construction Contract . . ... ... ... ... . . . ... .. . . .. .. 01-2007 ~ Commencement of Construction ......... .. ... ......... ...... .. .... 02-2007 • Construction at 50% Completion ... ... ... ... .. ... ... ... ... .. . _ . 06-2007 • Construction at 100% Completion ... ... . . ... .. ... ...... ... . ... 10-2007 Page 2 of 2 EXHIBIT C OTHER FEDERAL REQUIREMENTS Metro shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by Metro under this Agreement inclucling, but not limited to, the laws and the regulations specified in Section I through VI of this E~ibit C. I CIVIL RIGHTS The Fair Housing Act (42 U.S.C. ~601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Cornp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing regul~tions at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nor~liscrimination in Federall~ Assisted Programs) and implementing regulations issued at 24 CFR Part l; F.xecutive Order 11063, as amended by Executive Order 12259, and 24 CFR Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063." The failure or refusal of Metro 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 107.60; The prohit~itions against discrimination on the basis of age under the Age Discrimination Act ~f 1975(42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the p~eohibi~ions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 tJ.S.C. 794) and implementing regulations at 24 CI~ R Part 8; The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., p. 339) (Equal E:mp~o~~ment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60: Z'he requirements of Exeeutive Orders 11625 and 12432 (concerning Minority Business Enter~rise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, each applicant must make efforts to enca~rage the use of minority and women's business enterprises in connection with HOME funded activities. Metrc~ must prescribe procedures acceptable to the CCCIC to establish aetivities to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. Metro will be required to identify contracts which have been bid by minority owned, women owned, and by small disadvantaged businesses; EXHIBIT C Page 2 of 3 1~he Age Discrimination Act of 1975 (42 U.S.C. §~6101 et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based on Ha~dicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", at 24 CFR Part 8. By signing this Agreement, Metro understands and agree~ 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. Section 4151 et. seq.), including the use of a tele~communications device for deaf persons (TDDs) or equally effective com~nunication system. II. LEAD-BASED PAINT 1'itle N of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831). IIL ENVIRONMENTAL ST'ANDARDS F.nvironm~ntal Review Procedures for Title I Community Development Block Grant Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982); NatiQnal Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 CFR Parts 1504-1508; ~i'he 1'+lational Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended; parti~ularlq Section 106(16 U.S.C. Sec. 470~; ~~;xec~tive 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: F'lood 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)); Fxecutive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(a t; EXHIBIT C Page 3 of 3 Executive Order 1 1990. 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 Section 307(c) and (d) (l6 U.S.C. Sec. 1456(c) and (d)); The Safe Drinking Water Act of 1974 (42 U.S.C. Sec. 201. 300(~ et seq.) and (21 U.S.C. Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303(e)); The Enda~gered 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. Sec. 1278(b) and (c)); The Clean Air Act (41 i 1.S.C. Sec. 7401 et seq.) as amended, particularly Sections 176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d)): Farm~ands Protection and Policv Act of 1981 (7 U.S.C. Sec. 4201 et seq.); and 24 CFR Partt 51, Environmental Criteria arid Standards. IV. ACQUISITION/RELOCATION The Unifarm 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)). EXHIBIT D CE~tTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The urtdersigned certifies, to the best of his or her knowledge and belief, that: (1 } No fed~ral appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencir~g or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in conraaction 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. (2} 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 offiaer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instruct~ons. (3) The undersigned shall require that the language 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 This certification is a material representation of fact upon which reliance was placed when this transaction was rr~de or entered into. Submission of this certification is a prerequisite for making or entering into this transa~ction irnposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certific,~tion ~all be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such faiiure. .~^ i ..-~'' " ~, a~re r r` :~~tN'~ I C~i11c~~ 1~ 2~;~ c~C~ ri~ 1~#ame ~ Authorize~l Individual V Date ~'~D ~~ C.~~ r i s f~.~~r l~n i~U~.Sf~(-es Orgar~ tion Name