Loading...
HomeMy WebLinkAboutC2007-392 - 8/28/2007 - ApprovedDB UBREClPIENT AGREEMENT BET1~fEEN THE CITY ~F ~~PU CHRISTI AND ~EENIN~O~#M~LfNA NURSERY CH~~L, INC. DBA REENVIIDOD-MOLINA HILDREN' CENTER THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ~"Agreement"} is made and entered into between the City of Corpus Christi, Texas hone-rule municipal corporation ~"City"}, acting through its City Manager or the City Manager's designee {"i#y Manager"~, and Greenwood-Molina Nursery school, Inc. DEA greenwood->~lolina Children's Center {"ubrec~pient"}, a nonprofit corporation argani~ed under the lags of the state of Texas, 1NHE~EA, the City has allocated seventy Thousand Dollars ~lg,~DO~ from the FY~Da~-OS Community Development Block grant {"CDB"~ Program for construction of irnprQVement to a facilities located at a vacant lot owned by agency across from National Drive, Carpus Christi, Nueces County, Texas, ~84~8, such facilities being owned by the ubrecipient ~"Faellity"}; I~IIHEREA, the City desires that safe and sanitary public facilities be provided for low and moderate income individuals and individuals with disabilities; IHEREA, the ubrecipient desires to operate publ'rcfacilities to provide such services to Iow and moderate income individuals and individuals with disabilities within the City of corpus Christi and throughout the community served by the ubrecipient in canforrr~ity with 24 CSR ~7'g.~0~, as amended; and 1NHEREA, the City wishes to encourage the services provided by the ubrecipient and there being a genuine need for these services and far appropriate facilities to provide such services in the City of Carpus Christi; N~ll1~, TH~REF~RE, the City end the ubrecipient agree as follows: ETi~N 1, APE, ~UD~ET, SCHEDULE, ANA PAYMENT REQUIREMENT. ~.~ pope of 1Nork, The ubrecipient shall complete the work outlined in the funding proposal that was submitted and approved bythe City's City Council for FY2gD~-~, such proposal being incorporated into this Agreement by reference as if fully set out in this Agreement. The ubrecipient, through its contractors and subcontractors, shall make improvements, to wit. equip with park tables and benches; a covered amphi- theater, trackfor riding toys; a portable storage fortheir portable equipment and ~~~~~~~~~~ ~ ~~~k~~~~~i anal ors a small mini paved area and similar activities by April 30, ~4~7-~~~ .The Improvements will be located on real property owned by 081~~1~7 reenwoad-~Vlalrna Nursery ch. the ubrecipient and located at National Drive, Carpus Christi, Nuece County, Texas, Far the purposes of this Agreement, the term "Facility" collectively includes the aforementioned real property and any improvements existing thereon as of the date ofi the ubrecipient's execution of this Agreement and includes, where appropriate and in context, the proposed Improvements to be constructed with the funding provided under this Agreement. All l•mprovements must be constructed in accordance with the plans end specifications ~"Plans"} prepared by the ubrecipient's registered architect or licensed professional engineer retained pursuant to subsection 1,, No construction may commence until the Plans are approved by the Administrator or the Administrator's designee ~"Administrator"} of the City's Community Development Division ~"ADD"} and by the pity's Development services Department ~"development services"}, ~ .~ ubrecip~ent ~Ilatching Funds requirement. The ubrecipient shall provide Five Thousand Dollars ~,ggD} in matching funds for the construction of the Improvements to t#~e Facility. if the ubrecipient is required under thisAgreernentto meet a matching funds requirement and fails to meet any portion ofthe requirement, the ubrecipient's allocation will not be disbursed, but is autorr~atically forfeited and reverts to the Cityfor inclusion in future CDP Programs. ~. Budget and construction cheduley The ubrecipient has provided an sti~ mated project budget and project construction schedule ~"Project Budget and on- truotion schedule"} based upon the proposed Improvements listed above and as are described within this Agreement, which Project Budget and Construction schedule i at- tached to this Agreement as Exhibit A and is incorporated into this Agreement by ref- erence, Ten days prior to the award of any construction contract or subcontractor con- struction contract pursuant to this Agreement, the ubrecipient shall provide a finalized budget, which must include a schedule ofthe detailed costs of construction, and a schedule of construction corr~pletion dates, which must include detailed completion schedule far the various aspects of construction for Improvements to the Facility, which dvcument~s} will then be substituted for the then exciting Exhibit A and become Exhibit A of this Agreement for all purposes under this Agreement. ~.4 contents of Fir~ai'rzed Budget and Construction chedule~s~. The finalized budget must include line-item costs for each item referenced in subsection ~ . ~ of this Agreement. The finalized budget must provide a detailed presentation of projected resources and expenses. The f inalized construction schedule for Improvements must reflect the anticipated timeline for the completion of construction stages for each of the Improvements set out in subsection 1.~ of this Agreement, including, but not limited to, dates for the retention of a registered architect or licensed professional engineer, com- pletion of Plans, completion of conditions precedent to construction, commencement of construction, completion of construction phases, and expected final completion date of the Improvements. ~.5 bequests for Payment. ~A} All requests for payment made pursuant to this Agreement must be submitted to the Administrator. Greenwood Molina children's Center FYO7~8 Page ~ of 15 ~B} Progress payments for the Improvements will be made based upon the finalized budget and construction schedule and the submittal and approval of appropriate documentation of the work completed, including, without limitation, fully itemized American Institute of Architects ~"A!A"}forms. ~} No progress payments gill be made without certification by the registered architect or licensed professional engineerthat the phase to which the payment applies has been substantially completed nor will any progress payment be made without an inspection by staff of DD and Development Services end approval by the Administrator and Development Services staff ffirr~ing that the work has been completed. ~D} The Adr~inistrator may require that the Subrecipient provide a down date waiver and subordination of mechanic's lien claims priorto any payment. {E} All payments will be adjusted according to the actual construction cost and the matching funds requirement, if any, and in no event may any payment exceed the stated amount of this Agreement. All requests for payments, excluding acquisition of property, will be prorated to reflect the Subrecipient's share of costs as per the approved finalized budget. ~. Approval of Finalized Budget and anstruction ched~le~a~. construction of Impraver~ents to the Facility may not commence prior to the Administrator's approval of the finalized budget ar~d construction schedule required under subsection ~ .4 0~ this Agreement. The pity will not reimburse any construction costs incurred by the ubre- cipient priorto the approval of the finalized budget and construction schedules}, except far professional services as may be allowed in the Administrator's discretion. ~.7 Periodic Performances Report. The Subrecipient shall submit periodic perfor- mance reports to the Administrator that recite progress for the period and advising of any problems encountered. A performance repork must be provided with each request for payment. ETI~N ~. RE~ORD~CEEPIN, UI~IFoR~I A~I~III~ITR~4TIIIE RECUIREI~ENT ~1ND oTHER PRoCRAM REQUI~EI~ENT. ~,~ Construction and operations Records. The ubrecipient shall provide access to all original records, reports, and audits including, without limitation, all agreements and appraisals for the Facility; invoices; payment and payroll records; bank records; plans and specifications far the Facilities; Plans written and drawn pursuant to this Agree- ment; change orders; contracts between the Subrecipient and its contractors}, between contractor~s~ and their subcontractors}, and between the Subrecipient and its regis~ tered architects} or licensed professional engineers}; communications and correspon~ dente with regard to any contracts and subcontracts pertaining to this Agreement; affi- davits executed pursuant to this Agreement; documentation of clientele being benefited by the Facility ~i.e., number of persons being served ,etc.} and the activity being carried out in the Facility which pertains to the construction or operation of the Facility; and all written obligations pursuant to this Agreement, including, but not limited to, ell infarma- Greenwood Mo~ir~a children's Center r'Y0T08 Page ~ of ~ 5 tion on matching funds required under this Agreement, if any, during regular business hours far any purposes of the City, the United Mates Department of Housing and Urban Development ~"HUD"}, ar bath, to conduct audits and monitoring, ~.~ Equal participation Docurr~entation, The ubrecipient shall keep and provide ac~ cess to records documenting compliance with Bectian 189 of the Housing and Commu- nity Development Act of ~ ~4 [4~ United States Code ~"U,.C."} X6869], as amended, which requires that no person shall, on the ground of race, color, national origin, reli~ gian, ar sex, be excluded from participation in, be denied the benefits af, ar be sub- ~ected to discrirr~ination under any program or activity funded in whole ar in part with community development funds made available pursuanttatheAct. Any prohibition against discrirr~inatian an the basis of age under the Age Discrimination Act of ~ 97~, as amended, or with respect to an otherwise qualified disabled individual, as provided in ~~ U.S.C. X194, as amended, also applies to this Agreement. ~.~ Information and Reports. The ubrecipient shall provide any information, rparks, data, end forms pertinent to this Agree rent s the Administrator or staff of CDD mayr from time to time, request for the proper administration of this Agreement. The Sub- recipientshall adhere and comply with the reporting requirements mandated for the Performance Measurement Systet~, administered by the City, as a condition of receiving funds underthis Agreement. 2.~4 FMB Circulars A-~ 1 ~, A-~ 2~, and A-~ 3~. The Subrecipient shall comply with the requirements and standards of United States' office of Management and Budget ~"FMB"~ circulars A-1 ~ 9, A-~ 2~, and A~18, as each may be amended. ~.~ Compliance Documentation. The Subrecipient shall keep and provide access to records documenting compliance with the rules and regulations contained in Title ~4, Chapter 676, et. seq., of the Code of Federal Regulations ~~~FR"}, including, but not limited to, subpart K, Sections 570.688, I~abar Standards; X10.601, Employment and Contracting opportunities} 570.608, Dead-Based Paint; 510.609, ~Jse of Debarred, Suspended, ar Ineligible Contractors or Subrecipients} 61D.610, Uniform Administrative Requirements and Cost Principles; and 60.61 ~, Conflict of Interest. If there is a can flirt of interest with any employee, agent, consultant, officer, ar member of the Board of Directors of the Subrecipient, the person with the conflict and the nature of the conflict must be identified, byname and title, and submitted to the Administrator prior to any casts being incurred at, in, ar an the Facility with respect to construction of the Improve- ments. ~.fi Equal Errrployr~ent opportunity. The Subrecipient shall comply with all appli~ cable Federal Equal Employment opportunity regulations, including, but not limited to, Executive order ~ ~~46, as amended, and Section 3 of the Housing and Urban Develap- mentAct of 1968 as setforth in ~4 CFR 510.607, s amended, and shall require compli- ance with the aforementioned laws and regulations in all contracts the ubrecipient enters into with respect to construction of the Improvements. ~.7' Requost for BidlProposals. The ubrecipient shall comply with requirements of FMB Circular A~110, as amended, and ail Mate and local procurement requirements Greenwa~d Molina ~lli~dren'~ center FYO~gB Page 4 of ~ 5 uvith regard to solicitation of bids and proposals for construction of the Improvements to the Facility, if applicable, and shall provide such records to representatives of HUD, the Dity Manager, or the Administrator upon request 2.8 Real Property Acquisition. The ubrecipient shall amply r~ith requirements of ~9 CFR Part 4, ubpark B, as amended, and alI state and local acquisition require meats pith regard to acquisition of property, if applicable, and shall provide such records to representatives of HUD, the Dity Tanager, or the Administrator upon request. 2.9 Disabled and ~landicapped Accessibility. The ubrecipient shall complyv~ith the Americans Frith Disabilities Act of 1980, as emended, and ~uith the rules end regu- lationpublished in ~ DFR Part ~, as amended, and all state and local requirements regarding disabled accessibility. 2.~ o Religious organisations. The ubrecipient shell cvn+-ply v~rith requirements re~ garding religious organizations, as set Earth in ~4 DFR 510.~00~j}, as amended. ETION 3~ sUPENION AND TERI~INATioN. 3.~ Application of ~4 DFR 5.43, The pity may suspend or terminate this Agreement in accordance ~uith ~4 DFR 85.43, as amended, if the ubrecipient materially fails to comply v~rith any term of the D~ Program a~rard ar this Agreement. 3.2 Application of ~4 DFR 5.44. This Agreement may b terminated for convenience in accordance ~uith ~4 DFR 55.44, as emended. Remedies for Non-compliance. Pursuant to the provisions cited in section of this Agreement, to Federal rules and regulations applicable to the ubrecipient, and to HUD guidelines, if any deficiencies are discerned by or through monitoring of this Agreement, the Administrator may either temporarily vuithhold cash payments pending correction of the deficiencies, disallou`r all ar park of the cost of the activity or action not in compliance, ~uholly or partly suspend or terminate the current a~vard, r~ithhold further a~rards, or take any other remedies that may be legally available. ~.4 Termination Notice. Either party may terminate this Agreement, during the term of this Agreement, a of the last day of any month upon thirty ~~0}days priorutirritten no~ tire. The parley terminating this Agreement must comply v~rith subsections 3. ~ and .~ of this Agreement and all other provisions ofthis Agreement providing responsibilities in the event of termination. 3.5 Termination. Upon a termination of this Agreement, the ubrecipient agrees to refund to the Dity all DB Program funds expended on construction of the Facility and Improvements. ~f the ubrecipient cannot refund ail such money vtrithin thirty X30}days of the termination notice, the pity may take vtirhatever action is necessary to reimburse the pity as set out in ~4 DFR 55.4 and 55.44, as each maybe amended, Notwith- standingthis provision, the Reversion of CDB Funds provision, set out in section 4 of this Agreement, also applies to the ubrecipient's DDB Program funds on hand, ac- counts receivable, and real property under the ubrecipient' control. greenwood f~lelina Ch~ld~en's Center FY~l~8 Page ~ of 1 ~ SETioN 4. REVERSION of DB FUNS. 4.1 Facility and Improvements Use to IVleet I~at~onal objective and Same Business Purpose, The Subrecipient's Facility and all ln~provements must be used to meet one of the national objectives set forth in 24 CFR lo~~g8, as areended, during the term of this Agreement and for one year following the date of fine! completion of the construction of the Improvements or one year following the date of the last disburse meat of DB funds under this Agreement, whichever is longer. In addition, the Subre- cipient shall use the Facility and all Improvements for the same business purpose as that which existed on the d ate of the Subrecipient's execution of this Agreement far period of five ~~} years following the date of final completion of the construction of the Improvements or following the Bete of the last disbursement of CDB funds under this Agreement, whichever is longer. 4,Z Facility and Improvements hlot Used to beet National objective and Same Business Purpose. In the event that the Subrecipient's Facility or any Improvements are net used to meet one of the national objectives or the sane business purpose for the length of time specified in subsection 4.~ of this Agreement, then the Subrecipient shall reimburse the ityforthe DS funds received by the Subrecipient as follows: ~A} Failure to meet national objective: The Subrecipient rust reimburse the total award of CDB funds received underthis Agreement. ~B} Failure to use Facility or any improvements for same business purpose: Prorated reimbursement as a fractional amount, the numerator being the number of months that the Subrecipient' Facility or any Improvements failed to be used for the seine business purpose as that which existed on the date of the Subrecipient's execution of this Agreement and the denominator being ~o, multiplied by the total amount of ~B funds received by the Subrecipient under this Agreement, 4.3 No Election of Remedies. Resort, bythe pity, to a remedy undersubsection ~.~ of this Agreement, or another remedy provision set out in this Agreement, does not bar the application end use of any other remedy allowed by law or that may be enforced by the pity pursuant to ~4 MFR ~l0~50, as amended. ETION ~. PRORAI~ lhlolVlE. ~.~ disposition of Program Income. Program income received by the Subrecipient as a result of this Agreement, if any, maybe retained by the Subrecipient. Any such program income must be used tv operate public facilities to provide services to low and moderate income individuals and individuals with disabilities within the pity of corpus Christi and throughout the community served by the Subrecipient in conformity with ~4 MFR 570.08, as amended, The Subrecipient shall report program income to the pity annually, during the term of this Agreement, not laterthan August ~ for the previous yearendingJuly 81. ~.~ Accounting for Program Income. The Subrecipient shall comply with FMB circular A-~ ~ ~, as amended, with reference to program income, if applicable. greenwood Mlolir~a children's center FY~7~8 Page B of ~ ~ ETlohl ~. INURAN~E AID INDEIVINITY PRO1111oN. G.~ Insurance. The Subrecipient shall have in force, throughoutthe term of this Agree- rnent, insurance that complies ~vith the standards in Exhibit B, a copy of ~rhich is at- tached to this Agreement and is incorporated in this Agreement by reference. A certifi- cate to that effect must be provided to the pity's Risk Manager ~;`Risk planar}'} and the Administrator at least ten {~ D}days prior to any construction, Failure to maintain any of the types end limits of the insurance required by Exhibit ~ is cause for the pity to terminate this Agreement and cancel any and all reimbursements of DDB funds to the Subrecipient. ~.2 Notice to pity. The Subrecipient shell require its insurance companies, ~rritten policies, and certificates of insurance to provide thatthe pity must be given thirty ~0} days advance notice bythe insurer priorto cancellation, nonrene~val, or material change of the insurance policies required by Exhibit B~ Failure to maintain such insurance quill be cause for the pity to take control of the Facility end ell Improvements, cancel any claim that the Subrecipient may have to the use of the Facility and Improvements, and cancel any and all reimbursements of DB funds to the Subrecipient. . Right to Rewevs~uation and Ad~utr~ent f Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term ofthis Agreement and adjust the types and limits of such insurance upon thirty ~o~ days uuritten notice to the Subrecipient. Insurance types and limits may not be adjusted more frequently than once per year. ~,4 I nderr~ n ificati on. (A} The Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asser#ed against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such damage or injury maybe incident to, arise out of, or be caused, ei#her proximately or remotely, wholly or in part, by an actor omission, negligence, or misconduct on the part of the City, r"ts officers, employees, or agents ("Indemnitees'1, acting pursuant to this Agreement and wrth or without the express or implied invitation or permission of the Subrecrpienf, or on the part of the Subrecipien# or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Facility being improved or used pursuan# to this Agreement, or when any such injury or damage is the result, proximate or re- mote, wholly or in part, of the violation by lndemnitees, the Subre- cipient orany of its agents, servants, employees, contractors, greenwood Molina Children's Cen#er FY0708 Page 7 of 15 patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or dam- age may in any other way arise from or out of the Improvements being constructed at the Facility or out of the use or occupancy of the Improvements to the Facilify or the Facilr'ty itself by Indemni- tees, the Subrecipient, or any of its agenfs, servants, employees, contractors, patrons, guests, licensees, or r`nvi#ees, and including, without limitation, any damages or costs which may occur as a result of the design of the Improvements to the Facilifjr, the bid- dingprocess, actual construction of the Improvements to the Fa- cility, administration of the construction contracts by the City or its designee, failure of the Improvemen#s to the Facility prior to the completion and acceptance of the Improvements by the City and the Subrecipient jointly, failure of the Improvements to the Facilify to work as designed, failure of any contractor, subcontractor, or manufacturer to honor its warranties, or failure of the Subrecipienf to maintain the Improvements to the Facility or the Facility itself. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the sole negligence, contributory negligence, or con- currentnegligence of Indemnifees, but not if such damage or in- jury may result from the gross negligence or willful misconduct of lndemnifees. (C) The Subrecipienf covenants and agrees that, in case fhe City is made a party to any litigation against the Subrecipient or in any litigation commenced by any par[y other than the Subrecipienf relating to fhis Agreement and the Improvements #o the Facility contemplated under this Agreement, the Subrecipient shall, upon receipt of reasonable notice and at its own expense, investigate all claims and demands, attend to their settlement or other disposi- tion, defend the City in all actions based thereon with legal coun- sel satisfactory to the City Attorney, and pay all charges of at- torneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments. (D) The provisions of this section survive the termination or expiration of this Agreement. greenwood Molina Children's tenter FYOlo8 Page 8 of 1 ~ ETION 7, sUBREiPIENT' REQUIRE~IEI~Ts. ~.1 Precontracting and Precontruction conference, The ubrecipient has at- tendd ~ precontracting conference with pity representatives. The ubrecipient and all of its identified contractors and subcontractors rr~ust attend a preconstruction confer- ence uuith pity representatives. Failure to do so nay result in the ubrecipient being ineligible to receive the DDB funds awarded and allocated to the ubrecipient under this Agreement. 7,~ Piedged ontributian. The ubrecipient shall provide any additional funds needed for the completion of the ln~pravements. The ubrecipient shall provide can celed checks or other proof as nay be required by the Administrator as proof of the contribution. ~.~ Prepare Plans and pecificati~n. The ubrecipient shall retain a registered architect or licensed professional engineer in accordance with IB ircufar A-~ ~ ~, a amended, to prepare the Plans end to inspect all Improver~ents to ensure conformity with final plans and specifications submitted to the Administrator. ~.4 Professi~rtai ser--ices~ The Bubrecipient shall retain professional services and all necessary contractors for construction of the Improvements in accordance with ~I~iB circular A~~ ~ 0, as amended, and construct Improvements to the Facility in accordance with final plans and specifications and the schedule submitted to ADD as set out in sub- ections ~ , ~ and ~ .3 of this Agreement, The Board of Directors of the ubrecipient shall ensure that professional services, relating to the construction of the Improvements, are retained and that the construction of the Improvements is supervised. 7.~ change order Procedure. A change order procedure must be instituted to make changes in the Plans or specifications or to decrease or increase the quantity of work to be performed or materials, equipment, or supplies to be furnished for the Improvements to the Facility. The ubrecipient shall submit all change orders to the Adminitratorfor approval prior to the change order becoming effective. Any money expended by the ubrecipient pursuant to a change order and prior to submittal and approval of such change order is not reir~burable, and the ubrecipient shall bear all such costs associated with unapprorred changes. ~.~ Staff and Administrative uppart. The ubrecipient shall provide sufficient staff ar~d administrative support to supervise the construction of the Improvements to the Facility, ~.7 else of i=unds, The ubrecipient covenants that all CDB funds expended under this Agreement gill be used solely for the activities described in this Agreement. The Subrecipient shall reimburse the ityfor all funds expended foractivities not related to the purpose and activities described in this Agreement or that violate Federal or State laws. 7'. Accounting and Audit. The Subrecipient shall record financial transactions ac- cording to approved accounting procedures and provide an independent audit of the Greenwood Molina Children's Center ~YOT08 Pege9of~5 expenditures in accordance with ~IUIB ircularA~1~, as amended. Such audit must be completed within ninety ~9a} days after the lr~provements to the Facility were com- pleted. A copy of the audit must be provided to the pity within thirky ~a~ days of com# pletion of the audit. If the audit shows discrepancies between amounts charged the Subrecipient and amounts reimbursed to the Subrecipient by the pity, a resolution of the discrepancies must be made within sixty ~~g~ days from receipt of the audit by the pity, If the Subrecipient owes the pity money in resolution of the discrepancies, the money must be paid within ninety X90}days from receipt of the audit by the pity or the Subrecipient'rs in default pursuantto this Agreement 7. om~le#ion date of onstruc#ion. The Subrecipient shall complete construction of the Improvements to the Facility in accordance r~ith the approved Plans and Spcifi- cations byApril 0, 20g. If the Subrecipient i rendered unable to carry out the terms of this subsection, the Subrecipient shall promptly give the pity ~rritten native of such delay togetherv~ith reasonable particulars concerning it. The Administrator nay extend the construction time schedule for such time as nay be deemed necessary and justified, provided, however, that the extension of the construction time schedule does not exceed the term of this Agreement, ~An extension of the term is addressed in ec- tion g.} ET[oN 8. C1TY'S REQU[R~[III~NT. ~.~ or~ittrrrent of Funding for Irr~provements of Facility. The pity shall provide the Subrecipient up to Seventy Thousand Dollars ~7Q,g00} from the pity's FY2aa~-08 DB Program for Improvements to the Facility as described in Section ~ ofthis Agreement and in accordance v~rith the accepted bid, budget, and construction sched- ules made a part of this Agreement, subject to the Subrecipient's compliance with the provisions of this Agreement, S.~ Additlona~ Funds. Nothing in this Agreement may be construed as requiring the pity to provide additional construction funds to the ubrecipient at any time in the future. ~T[ON 9. ~N~~AL PR~11[SI~N. g.~ Term. This Agreement terminates IUlay 3a, ~aa8. Extensions to the term of this Agreement may b requested by the Subrecipient and approved by the pity 1111anager. Houuever, the Subrecipient is bound by all covenants, terms, and conditions of this Agreement including, without limitation, recordkeeping, for a period of six ~G} years cam mencing on the date of the Subrecipient's execution of this Agreement, unless a specific bound period i charter or longer as may be stated in this Agreement. 9.~ objective. The Subrecipient sha11 operate the Facility and the Improvements to further the primary objective ofthe Housing or~rnunity Development Act s outlined in ~4 MFR 7'a.a0 and 7'g.g8, as each may be amended, and will improve the Facil- ity byApril fig, ~aa8, and provide programs to help low and moderate income indivi~ duals and individuals Frith disabilities improve the quality of their lives and reach their maximum potential for independence and at all times in accordance with HUD's am- munity Development Block grant regulations and guidelines and all local, State, and Federal requirements and lams. ~reenwoad Molina Children's Cen#er FY~lQB Page ~ D of ~ ~ ' ~ i { 9.3 Licensing, The Subrecipient shall obtain and maintain any certificates and licen- ses that are required of the Subrecipient, the Facility, and the programs offered at, on, or in the Facility by the United States, the State of Texas, the Dity, and any other agencies having regulatory jurisdiction over the Facility and the Subrecipient. 9.4 Maintenance. The Subrecipient shall furnish all maintenance to the Facility and Improvements as necessary to maintain the Facility and fmprovemen# in goad repair. .v Default, In the event the Subrecipient ceases to operate the Facility in accordance with the terms of this Agreement or corr~mits any other default in the terms of this Agreerr~ent, the pity i herein specifically authorised to demand reimbursement of the DBO funds paid to the Subrecipient and, in the event the pity is not promptly repaid, to take possession of the Facility and all Improvements without recourse and to dispose of such Facility and Improvements in any mannerthe pity deems necessary to reimburse the Oity. 9.~ N~ Liability. ~n no event i the pity liable for any contracts made by orentered into by the ubrecipient with any other person, partnership, association, firm, corporation, or governmental entity. ~A} All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must b in writing and must be delivered by one of the follovuing methods: {~ } by personal delivery; {~~ by deposit with the United States Postal Service s cerkified or registered mail, return receipt requested, postage prepaid; {} by prepaid telegrar~; {4} by deposit with an overnight express delivery service, for which service has been prepaid; or ~} by fax transmission, {B} Notice deposited with the United States Postal Service in the manner described above will be deemed effective two {~} business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one ~~}business day after transmission to the telegraph com- pany orovernight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery, ~~} All such communications must only be made to the following. If to the fit [: pity of corpus Christi Attn: Administrator, community Dev. Div. P. ~. 8ox 9~1~ Oorpus Christi, Texas ~84fig-971 {~~ ~ } S~~~~45 Office {3B ~ } 544-174D Fax if to the Subreci ient: Greenwood-Molina Nursery School, lnc. D BA Greenwood Molina children's tenter Attn: Executive Director ~4 National Drive corpus Christi, Texas ~54~ ~ ~3 ~ } 854-~~5 ~ Office ~~5~} 854-415 Fax reer~wo~d Molina children's center FY07~8 Page ~ i of ~ 5 ~'~ ~ . •~ ~D} Either party may change the address to which notice is sent by using ~ method set out above. The ubrecipient shall notify the City of an address change within ~ ~ working days after the address i changed. 9.S N~naignment. The ubrecipient may not assign, mortgage, pledge, or transfer this Agreement ar any interest in the Facility or #mprovments without the prior written consent of the City. 9.9 None~ccluive services. Nothing in this Agreement maybe construed as prohibi~ ting the ubrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and no- thing in this Agreement may be construed a prohibiting the ubrecipient from receiving compensation from such additional contractual porkies, provided that all other terms of this Agreer~ent are fulfilled. ~.~ ~ Breach of Ar~err~ent. Notwithstanding any other provisions of this Agreerr~ent, should the ubrecipient breach any section or provision of this Agreement including, v~rithout limitation, the failure to pay takes, assessments, or other government charges, the breach shell be remedied in accordance with subsection of this Agreement and any other applicable subsections. If repayment is required as a remedy, other remedies may be pursued, as deer~ed necessary by the City Manager, if repayment is not made. The City is entitled to reasonable attorneys fees in any court action arising out of this Agreement. 9.~~ ~Vlodification. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap~ proved on behalf of the City by the City Manager. ~.~ 2 Validity. lf, for any reason any section, paragraph, subdivision, clause, phrase, word, ar provision of this Agreement i held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it i the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 9.~ Jurid~ction and Venue. The lags of the state of Texas govern and are appliR cable to any dispute arising underthis Agreement. Venue is in Carpus Christi, Nueces County, Texas, where this Agreement was entered into and rust be performed. 9.~4 1Narranty from contractor. Upon the ubrecipient's receipt of a copy of the Architect~Enineer's certificate of substantial completion, the ubrecipient shall only look to the architects, engineers, contractors, subcontractors, manufacturers, and their respective warranties to remedy any defects in design, workmanship, or materials, and the ubrecipient covenants and agrees that the City has no responsibility for any de- fects of any kind or nature whatsoever, even if it is alleged such defect is due to the ~reenwaod Molina Children's Center FY0~~8 Fage ~ ~ ~f 15 •~~ City's negligence. The City must be a third party beneficiary to the ubrecipient's contracts effecting the ~mpravernents, and all ~rarranties end duties under such con tracts must be in favor afthe ubrecipient end the City. 9.1 spies of Rules and Regulations. Copies of sane of the Federal rules and regulations referenced in this Agreement have been provided to the ubrecipient at the precontractir~g conference as evidenced by the ubrecipient's DBO Compliance Affidavit, vuhich is attached to this Agreement as Exhibit and incorporated in this Agreement by reference. Any failure, by the City, to supply the ubrecipient ~vith any other Federal rules and regulations v~rhich ray be applicable to the ubrecipient, its Facility, the Improvements, CAB funding, or to recipients of Federal funds door riot vtiraive the ubrecipient's required compliance in accordance ~vith Federal lava. ~.~ ~ disclosure of Interests. In compliance vuith section ~-349 of the City's Code of Ordinances, the ubrecipient shall car~plete the City's D~sc~os~re of Ir~~ere~s form, vuhich is attached to this Agreement as Exhibit D, the contents of urrhich, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 9.~ 7 Acknov~rledgment of funding source, The ubrecipient shall give credit to the City's CDBO Program as the project funding source in all presentations, v~rritten docu- ments, publicity, and advertisements regarding the improvements The ubrecipient agrees to acknor~ledge the sponsorship of the City of Corpus Christi at any event promoting the project or any other project sponsor. 9,~~ e~tification Regarding Lobbing, incompliance uwrith federal lava, the ubrecip~ lent shall execute Exhibit E, the contents of v~rhich, as a completed farm, are incorpo- rated in this document by reference a of fully set out in this Agreement. (EXECUTION PAGES FOLLOW) reenw~~d Moline Chiidr~n's can#er FY~708 Page 13 of ~ ~ +~l Executed in duplicate originals this day of , ~~Ol. ATTEST: Armando Chapa City Secretary CITY ~~ ~~RPIJ CHRIST! eorge K. Noe pity Manager Approved as to form. , ~OO7 Eliaa R, Rundle Assi nt pity Attorn for the pity Attorney A~CN~~III~ED~ENT ~. AUK M~1~I~~~ ~~r~a} •r#•^rr~rra~~l~ 5~~~~TY ~;~. STATE ~F TEXAS KN~I~V A~ L BY THEE PREENT: COUNTY ~F NllECE -~~ This instrument vas ackno~rled ed before me on ~ 200 g a by Borg K. Noet City Manager of the City of Corpus Christi, a Texas home- le municipal corporation, on behalf of the corporation, .~ ~, ~ea~} ~~Nllfl~ • ~''~: ~ ~'~ eta ~ u bl is state of Texas ~*; "~~ MY Coi~+1M~SSl4i~I F~RIR~ ~ .: .. y r riT111+ a` . . reenwoo~ Molina Children's tenter FYOI~~ Page 94 of ~5 ~ i' UBl~EIPIENT: REENI~V~~D#M~l~I~IA NURSERY ~HO~L, lN~ DBA REENI~~D-I~~LINA HlLDREN' CENTER Execut' e Dire or ~lr~Q ~ ~AGCY~q GCS Z Printed name Date Al~N~ILEDNIENT STATE ~F TEi~A ~[N~llll ALL EY THESE PREENT; AUNTY ~F NUEE ~ 'his in trument ~v~ ~~kno~rle~ged before on ! , 2~~7, ay ,Executive Director of reen~ood- Illlolin Nursery chool,~ne. DBA reen~rood-hlleEin~ children's tenter, Texas nonprofit cvrpvration on behalf of the corporation, { '~~~''~ LAU~ISA LYNN ~A~( ~~~ ,°~ Notary Pu~iic, state o~~e~as ~~ ~uI~~IC, state ~ ~, ~~~ My Commission 1~xpires ~~ M~r~~ ia9, ~Q11 ~reenwoo~ I~vlir~a Children's Can#er ~YQ7~8 Page ~ 5 of ~ 5 • ~'r EXHIBIT A 1 of 2 PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE FY artd Funding: FY~0071cDB Funding Pra~ect Name: ~hoaiagers# Play Pa~~C, ~ran~za#ian: reen~roa~~l~oiina children's center Tatal Pro~e~t cost: 7 00~ PRELIMINARY BUDGET Project ~in~ncial our~e: Funds available to complete your pro;ect} AUNT + OtherF~nding ......................................................... • Fund FY~00'T CDBPro~ram ....................................... ~'00~~ • capital con#rEbu#~on from Ager~oy.~ ................................... ~ 40~ « Other,,,Specify}....~ ........................................................... ~ + TOTAL FUNDS AVAI~.ABL~ FDR PROJECT .....................~,,,... ~5,00~ Etlmated Exper~e: , list estimated ex erases to com late our ro'ect such ~~: ~ . Ai~~I~NT ~ land Acquisition .... .........~ ................................. .a.,,,• NIA • Advertising, printing, Etc......~..,,.,......~.,,,,,......~.,...,. S00 • A}E Professional Fees ...~4,gg0 Arch + "1,00 Eng} ,.. 0 0~ ~ Vol I~~ru Vtio~ Vo~t ... . .......... . . . . . . . .... ~ , ~ ~ .. , , ......... , . , ...... / ~ ~ ~ ~ iq~ Vo'I ItInMLn~~~~ .... ......... ................ r.........,,.,,.....,, / !1 / ~ V ~~R€ • Other: ~pecify~...~~"DLR Fees for Accessibility Reviev+r}... 7'~5 • TOTAL PROJECT cOST ................................~.,..........,,,.. ,. ~5 00D Funds needed for the Pro'ect NOTE: The "total funds available for the ro'ec#" shall bee ua1 #o the "#otal ro'ect coa#~" PRELIMINARY CONSTRUCTION SCHEDULE -UPDATED Pro'ected dates for completion of key project phases) PROJE~ED DATE L ~ n ~ Aq u ~ ~ I ~ {~ n .... ~ ~ . ~ ~ ......... , , . ~ , ......... ~ , .. , .... ~ ~ , ~ , , ... , ~ .... . . ...... . a I~~A • Plat~ingl Soil Testing Other} ~ ~T~LR Fees} . . ..... . . . . .. . ........ . .... Oct. ~OOI • Pracurer~enf of Architect~Engineer ~A1E}services ............. , Auk 2~ .. Deign and ~~LI D~C~111~Bn~S cDl'1'lp~e~ed . ................. ~.... , ~ ... Oct. i~V f A~V.~d ~I~ ~nd ~~ns~ructlon ~-V ~tLt .. ~.a~.~r~r..~...,~..,... ~..~ I1~~. L.V~ • omr~encerner~t of onstruc~~on.....,...•.~....~.~.,..~,.....~...~. ~ ~ ~ecl L~~I Dilstruc~~or1 at ~oo~~V ~p~~tlolF ~~r~~r~.r.. ~. rr.r~~,.~r.~.~.~,•.~ ~ ~11 LVo~./ Enter month and year .. 4 {~f ~ , ~H~B1T ~ ~ of ~ ---~ ~ { ,~,~ :~ I ~ ~~ ~ r W ,'n + I till ~ ~ ~ s ~, „ ,_.,Yl~~ _i ~..~~.~.-~ ~~ qI ~ T `• ~~ ~ :.] ~- ti='q _ ~ I A 7#~t~ I ~S~ I I # ~ ~S }i~ 1 ~ I I ~~ i 9s f ~ ` ~"~ ..~_~ _-.-1 ~ # ~ ~ ~~A ~ '~ S S I 1 i ~., ~,~ _ ..;... # ~.,le- F--~....~..--. -J ~ .9A'~ - Zf +1 ~ IT s + ~ h~'~ :7~! ~ S~"d _ ,,5 k r2 _.. - t# --"~ ~ ~`•-~ ~ ~ ~ 25 36 -If is ~ I ._..~. ,~~..~..._..~ _ . ,~ Y1r~` ~~.__. , ;r ~f r- ~~ ,s, :+ !s1 3~ ~ ~. ~.-•• ~ ~~...__ ~ +v: ~- ~... I - ~ ~ I r .4 r~Y r 1a ~- ~_~ A~~ rl ~I ~ 'e _ ...-,.~-.-~ j ~ e ~--• w-. -_ `_."~"r ~r-• ~ ,R_-~ , ~ 1. ~~- ~-A T 17 17 ~ :, ~ -~ S: ~ j T1~ ~LL 1 0 ---- q ps ' S/! 0 S 4-A _ II __ ._«T--,-. ~ ~ 1 ]7 t ~,-. ~~ - , } R til fy ~ I ,~_.~.,..-~__.. i'~----~°_...~. .~..,. ~~„ I 14 3i ~ J7 ie C #T 7s f ~ ~ I~ rw ~ su f +~ 3~ fiery e ~ k'~---• ~~ •--- ~• "~ ~ • ~- -s3~` ~ r~ ~ w5 ~e ,V i7 ~ ~ ~1~~ _~ _._ ~•--{ }r I 13 ---~ ""'l•,~ „~J~- y '~ I Z+b-~V ~ i f 11 ~ Fi ~ i 14 70 ~ - ~ a ~4 +~~ - - -~.. ~ ~"~ ~ _~7.~~ ~ ~ ~ i - 54 J i ~ a-c i a, ie ~s !2 {I - -...~ 5 1~ i, ~ ....~.~_ ~-•-"- 21 a1 ]4'11 .~ ~ ~ ~---~~~ $ !x ~' ~__ ~ ~ .• ~ ~ 11 IS '1x 1r ..,_._._ _ .~.., ..-,~-__ - ~~ ~ ~~ e W ~ Id ~q y ~e a ad ~ t '] 4 ~~~ 2e-C I 1 1 I T 2 S I ? 6+ ~ S -~ ~ j "~ Zi ~.;yl ~ } f 1rt 4B I~at 1 ~ ~ r ~ I ~ ~ ',.s.~ 4h£sT AON* RC-+U .~ # ~ I I t I, l~ f,~ ~.~ f S~ i ~ ,},p 7 Y ! t 1~ ~ ~ ~ 3 ~ r ~ ~ e l 72! i~{ 1+} 1S 19I s7 li !01 ! ~ ~_. _..__ ' l 1 1. ~ # 3~ ~ 'J 0 7 r I~ 1 I ~ t ~. _ -~---. ~__.-....~ ~ --.Y... __~.~.__._. I x'11 a : ~, ' -.,,-.. { r~ kvY~'~lR~': ~f1Rlv1 ~ # ; 1~ ~D~ N .~._. ~...~~.._ s t ~~ ~ ~ fr +a +a ++ ~ ~ ~ ~a 1S-A_ '~ ~-~ V~ I ~ 11 1~x rx 1ft ~~ s•r! # ~ ~ i ~ ; t-.{ t1 42,A ..--.. ~ ti~ I e-e I -e ___., q~ I~ I ~ 1.~ ,~ y _ __ _ . ~,.V 1~ r4 S ,~ i ~ ; i _ ,+ I I+ts 2.~ ~ +~ ~4 64 ~ , ~} _-_-_..-. ,._ k I S I ~ _~ • !-1`1+41k5~r~r4R.~4 RAIY _ _~~ ~ ~ ..-~.,-.-.~~ l ~ ~,I _._~ ~~ S 47 ~ ; ,~! ti ~ 1 /~ r I I ~ +'' f 1~ ~ ~` ~ I . ~ E ! ~- t I 1 ~ 1 ~ ,r~ f!~. f ~ ! I ~ I i I ~ '!'7 ~ ~~ E ~ - ~~ i i ~ ~ I ! I i ~n, .~ I , 4r 4!~ t~ .r,, ,e s~~ t~ 1: 1- ,a A e ~ e e ~ ~ 3 : ~ i ~ i ~ ~ I ~ ~ C~L~NY ~~~i~5 r; I i I # ~ f ~ ~ ~ 1 I~-~ ~ i = .~ ~~ ~~ ~~ ~ ~ ' ~ ~ ~~Y ' ~ ~ r~ ~ ;r r .. ~._._... ~* EXHIBIT B INSURANCE REQUIREMENTS I. ubrecipient' Liability Insurance ~. u~recipient must not commence work under this agreement all insurance required herein has been obtained and such insurance has been approved by the City. ubrecipient rust not allov`r any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained B. ubrecipient must furnish to the City's Risk I~lanager and to the Department or Division responsible for this agreement, copies of Cerkificates of Insurance, showing the following minimum coverage by insurance company} acceptable to the City's Risk Manager. The City must be need a an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies TYPE ~F INSURANDE I~IINIItiIIUM INSURANCE CovERACE 3D-Day written notice of cancellation, material Bodily Injury and Property Damage change, non~renewal or termination is required on all certificates C~MMERC[AL GENERAL LIABILITY including $1,00,000 combined dingle Limit R ~ . Commercial Form 2. Premises - operations 3. Productsl Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors ~. Broad Form Property Damage ~. Personallnjury FIRE and EXTENDED COVERAGE At a minimum, amount sufficient to cover the replacement cost of facilities andl or building City to be named as Ions payee using standard loss payee clause. BUILDER RISK INURANGE Fu11 value of any improvements constructed with 1, All Risks of Physical Lossf including collapse DB Funds provided under this agreement, so long and transit coverage as work remains to be completed on uc1~ improvements . In the event of accidents of any kind, ubrecipient must furnish the Risk hllanager with copies of ell reports of such accidents within 10 days of the accident. community Development ~Iock grant Program u~recipient Agreements ins, req. S~~o-off ep Risk Mgmt. ,. i ~ f • ~ t ~' II. ADDITIONAL REC~UIREII~FNT A. Certificate of Insurance: The pity of Corpus Christi must be named as an additional insured an the liability coverage, and a blanket~raiver of subrogation an all applicable policies, The City of Corpus Christi must be named as loss payee using ~ standard loss payee clause an the Fire and Extended Coverage coverage, If your insurance company uses the standard ACRD form, the cancellation clause bottom rights must be amended by adding the warding "changed or" between "be" end "canceled", and deleting the wards, "endeavor to", and deleting the warding after "left". In the alternative, a policy endorsement providing the required cancellation language will be accepted. In lieu of modification of the ACRD form, separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of ~peratians" * At minimum, a ~~-day written notice of cancellation, non-rene~ral, material change arterr~ination is required. B~ If the Certificate of Insurance an its face does not show an its face the existence of the coverage required by items 1.B ~1 }-~l}, an authorized representative of the insurance cor~pany must include a letter specifically stating ~rhether items ~ .B. {~ }- 7}are included or excluded. END Community Development Black Grant Program Subrecipient Agreements ins. req. 8-10-07 ep Risk Mgmt. ~i * ~1 EXHIBIT C CDBG COMPLIANCE AFFIDAVIT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: 1 ~ ~ t ~I- ( o Affiant: ~~Pei~ v~too~ Mof~na ~ E~~e~`5 n+ei~ Community Development Block Grant Subrecipient Affiant, on oath, su~ears the follovtiring statements are true: I, ~dQ ~ . ~~~ ic_ez , am the ~~ce~ ~.i.~tV~ ~i'~~~~Y {title) of r reenwaad al i na C~f ~dYG~/l'S C~-~~ , a Texas nonprofi# corporation, ~rhich has applied for and been avuarded community ~eveiopment Block grant {"DB"} Program funds administered by the pity of corpus Christi ~"pity"}. Prior to the start of the project for Which ~8 funds have been av~arded, as the rpresenta- tive of the above-named subrecipient organization ~"Subrecipient"}, l met ~vith pity staff and received copies of the follo~uing Federal rules and regulations: FMB ~ircularA~1~D ~4 MFR ~,~~ and 8.44 FMB circular A^1~~ ~4 F~ 570.~0~, dog, and ~0 et. seq, oB circular A-~ 49 F~ Part ~4, ~4. ~ ~ ~ -~~4. ~ 04 ~4 MFR Part 8~ By execution of this affidavit, I attest that I have received the above-listed Federai rules and regulations, pity staff has explained the rules and regulations, and l understand the Subrecipientrs obligations of performance under the rules and regulations. Further- more, l ackno~vledge that there may be additions! Federai rules and regulations, beyond the rules and regulations listed above, to ~uhich the Subrecipient may be subject and v~rith v~hich the Subrecipient must comply. g ~ -- Y i IIVORN To AND UBDRIBED „~~ . ~'''~rr~!'+~ ~A l1fNN BAK~~~ ~,• ;~ ~ Not$ry Publier fete of Texas i ~ ~ My C~mmiss~~n ~xpi~es '~~ `~~` ~~~ March ~~ ~~] l ~~i~1~4Sti~~` ~0~~. EXH181T D ~..r~ ~' °€ CITY OF CORPUS CHItISZT nisc~,osu~ of 1~1 of~:o ~ ~ ~ ~ ~ ~ ~, 8~ a~eilded, re~uis ~ pei`s0os or ~~ ~ da ~~s~n~S W ~~ t to ~ ~e a ~o~loW~n orRial~on. Ye~f ~~eSt3on I~l~St , ~f'~Ie ~Li L~ ap~~ICabl~, of A ~ fee ~evet~e ~~ ~ for de~~ons. d ~. ~; ~: 4 ~ z~. ~~ ~. Aasocon { s. r ~ ~ If a~o~ space ~ n w ~ please ~ tha reverse side of tb~s ~ yr ~ ~ sheet. 1. Mate a ofh # employec'~ ofthc ~ o~Corpus ~ 1~ an ~` ~' ' ~ 3°~~ ar-mom ofthe erp the move yam `itm." Name fob Title and City ~eparanent (if known) - - ~- (c~ . Stec ~e names of a "oc~al" ofthe ~ of ~orpu hs~i bav~g an "~ ins' ca~a~ °~o yr ~a~e ofthe ovraers~ the p above nanr gym. .. dame ~~Ie ~. to the names o~eacb "board mcmi ofthc ~ of corpus ' ' bavin~ an "owner irate' consdtut~n~ 3°Ia ar more of the owucrship ~ the shove named gyn. Nape ~ Baard, am~nission, or ornm~tte~ ~. ~ ~e names of each e~npio~ree or over o~ a "consultant" for the pity of arms C~risd wha worked on an~r matteer rci~ted to the snb j~ct of th~.s cor~tt and ~ an "ownership interest`' ~ ~°I~ ar mare of the ownership in a above named "~." o~sni#ant ;, 4 ~~~~ , * I cergfy.that aid iof~~on provided is true and eorrcct as of the date ofthis ~en~. ~ I have not oinly w~#hheid dciosure o ~for~atton re~uesbed; and that ~nppiementat statements wI be promptly submitted tv the pity oforp~s Cam, exas as charges occur, ~, e~ifyit~gPerson: ig~ture cf ez~ifyir~g Persa~: r~~: ~x~c~'v~ ~i~ec-bY Date: l g' 1 4_ '! •. ,~ • { ~ ~ y ~ ~. Clty of Exhibit E Corpus Chnsti ~...r ERTIFIATI~N REARDIN LOBBYING D~RTIFI~ATION FOR ONTRAT, GRANT, LOAN, AND OOOP~RATIIIE AOREEIUCENT The undersigned certifies, to the best of his or her knowledge and belief, that: ~~ } No federal appropriated funds have been paid or wil! be paid, by or on behalf of the undersigned, to any person for influencing 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 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, lawn, or cooperative agreement. {2~ If any funds otherthan federal appropriated funds have been paid or will be paid to any person far 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, the undersigned shall complete and submit with this a standard Form-11, "Disclosure Form to Depart Lobbying," in accordance with its instructions. {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 made or entered into. submission of this certification is a prerequisite for making or entering into this transaction impaled by ectian 132, Title ~~, U.. bode. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ~ O,Oaa and not more than ~ O~,aaa for each su failure. j~, ~~~~~ ~C. Signature Date Print Name of Aut orize I ividual ~ve~ u~oD~ lid 1 ~ nrz ~r 1 drQ~ s -~~ Organization Name