HomeMy WebLinkAboutC2007-434 - 8/28/2007 - Approvedt
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~~ SUEREDIPIENT AGREEMENT
BETIIVEEN THE
DITY of oRPU HR~STI
AND
BOYS GIRLS DLUB of DORPU HRIST~, IND~
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement {"Agreemen#"} is made and entered into between the City of Corpus
Christi, ~ Texas home-rule municipal corporation {"pity"~, acting through its City
hllanager or the City Manager's designee {"pity Manager"}, and Boys girls Club of
Corpus Christi, Inc. {"Bubrecipient"}, a nonprofit corporation organized under the lags
of the State of Texas.
V1~HEREAS, the City has allocated one Hundred Thousand Seven Hundred Sixteen
Dollars {~o~,~~}from the FY~o07~o Community Development Block grant {"DB}'}
Program for construction of improvements to a facilities located at ~90~ reenv~ood
Drive, Corpus Christi, Nuece County, Tens, 7"4~, such facilities being owned by the
Bubrecipient {"Facility"};
VI~~fEREAS, the City desires that safe and sanitary publicfacilities be provided for low
and moderate income individuals and individuals with disabilities;
INHEREAB, the Bubrecipient desires to operate public facilities to provide such services
to lover and moderate income individuals and individuals with disabilities v~ithin the City of
Corpus Christi and throughout the community served by the Bubrecipient in conformity
with ~4 CFR 57g.~o8~ as amended; and
WHEREAS, the City wishes to encourage the services provided by the Bubrecipient
and there being a genuine need for these services and for appropriate facilities to
provide such services in the pity of Corpus Christi;
NoV1~, THEREFORE, the City and the Bubrecipient agree as follows:
BETION 1. B~oPE, BUDCET~ BDHEDULE, AND PAYMENT REI~IREMENTS.
~.~ scope ofVli<ork. The Bubrecipient shall complete thev~ork outlined in the funding
proposal that was submitted and approved by the City's City Council for FY~40~-08,
such proposal being incorporated into this Agreement by reference as if fully set out in
this Agreement. The Bubrecipient, through its contractors and subcontractors, shall
rake improvements, to Bruit: to 3D~ greenwood Drive, the construction of a
maintenance storage building; paged parking lot on the south side of the comple~c;
fencing; and sidevualk areas by Iay 31, 2gg, {"In~pr~ver~ent"}, The Improvements
gill be located on real property ov~ned by the Bubrecipient and located at 390
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reenood Drive, Corpus Christi, Nueces bounty, Texas. For the purposes of this
Agreerr~ent, the terra "1~=acifity" collectively includes the aforementioned real property and
any improvements existing thereon a of the date of the ubrecipient's executian of this
Agreerrtient end includes, ~rhere appropriate and in context, the proposed Irrtiproverr~ents
to be constructed v~rith the funding provided under this Agreement. Ail Improvements
must be constructed in accardance v~rith the plans and specifications ~"Ptan"} prepared
by the ubrecipient's registered architect or licensed professional engineer retained
pursuant to subsection ~.. Igo construction nay commence until the flans are
approved by the Administrator or the Administrator's designee ~"Administrator"} of the
City's community Development Division ~"DD"} and bythe pity's Development
services Department ~"Deveioprr~ent services"},
~ .~ ubrecipient Matching Funds Requirement, The Bubrecipient shall provide
T~renty Thousand Dollars ~~~,~~~} in matching funds forthe construction of the
IrrMprovements to the Facility. If the ubrecipient is required under this Agreement to
meet a matching funds requiremen# and fails to meet any portion of the requiref~ent, the
ubrecipient's allocation rr~rifl not be disbursed, but is automatically forfeited and reverts
to the pity for inclusion in future Cl7B Programs.
~ . Budget and constructian schedule. The Bubrecipient has provided an esti-
mated project budget and project construction schedule ~"Project Budget and on~
traction schedule"} based upon the proposed Improvements listed above and as are
described Within this Agreement, ~uhich Project Budget and construction schedule i at-
tached to this Agreement a Exhibit A and is incorporated into this Agreement Icy ref-
erence. Ten days priorto the a~rard of any construction contractor subcontractor can
struction contract pursuant to this Agreement, the ubrecipient shall provide a finalized
budget, vuhich must include a schedule of the detailed costs of construction, and a
schedule of construction completion dates, vuhich must include a detailed completion
schedule forthe various aspects of construction for Improvements to the facility, v~rhich
docun~ent~s} v~ill then be substituted for the then existing E~chibit A and laecome Exhibit
A of this Agreement for all purposes under this Agreement.
~.4 Contents of Finalized 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 finalized 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 tl~e retention of a registered architect or licensed professional engineer, com-
pletion of flans, completion of conditions precedent to construction, con~n~encement of
construction, co~rpletion of construction phases, and expected final completion date of
the improvements.
~.~ Requests fir Payment.
~A} All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
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{B} Progress payments forthe It~pravernent gill be made based upon the finalized
budget and construction schedule and the submittal and approvai of appropriate
documentation of the work completed, including, without limitation, fully itemized
American Institute of Architects {"~~~"}forms,
{} No progress payments will be made without certification by the registered architect
or licensed professional engineer that the phase to which the payment applies has
bean substantially completed nor wil! any progress payment be made without an
inspection by staff of DD and Development Services and approval by the
Administrator and Development Services staff affirrr~ing tf~at the work has been
completed.
{D} The Administrator nA-ay require thatthe ubrecipient provide a down date waiver
and a subordination of rrtiechanic' lien claims priorto any payment.
{E} All payments will be adjusted according to the actual construction cost and the
rr~atching 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 casts as per the
approved finalized budget.
1.~ Approval of Finalized Budget and construction chedule~~. construction of
Improvements to the Facility nay not commence priorto the Administrator's approval of
the finalized budget and construction schedule required under subsection 1.4 of this
Agreement. The pity gill not reimburse any construction costs incurred by the ubre-
cipientprior tothe approval of the finalized budget and construction schedule{s}, except
for professional services as may be allowed in the Administrator's discretion.
1.7 Periodic Performances Reports. The Subrecipient shall submit periodic perror-
mance reports to the Administrator that recite progress for the period and advising of
any problems encountered. A performance report must be provided vrrith each request
for payment.
sE~TI~N ~. RE~oRDI~[EEPIN, I~NEF~R AD~IINlTRA~"IVE REUIREME~iTs
ANA ETHER PR~RAM REUIREME~iT,
.~ 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; banl~ records; plans
and specifications for the Facilities; Plans written and drawn pursuant to this Agree-
ment; change orders; contracts between the Subrecipient and its cantractor{s~, between
cantractor{s}and their subcontractor{s}, and between the Subrecipient and its regis-
tered architect{s} or licensed professional engineers}; communications and correspon-
dence 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
Boys & wrls Club of ~~ Inc FY~7~8
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written obligations pursuant to this Agreement, including, but not limited to, all infarma^
flan an matching funds required underthis Agreement, if any, during regular business
hours for any purposes of the City, the United states Department of Housing and Urban
Development ~"HUD"}, ar bath, to conduct audits and monitoring.
~.Z equal Partioipat~on Documentation. The ubrecipient shall keep and provide ac-
cess to records documenting compliance with section ~ g9 of the Housing and Commu~
pity Development Act of 194 ~4~ United States Code ~"U..D."} ~3a9j, 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 of, ar be sub'
jetted to discrimination under any program or activityfunded in whole or in part with
community development funds made available pursuantta the Act. Any prohibition
against discrimination an the basis of age under the Age Discrimination Act of 19~~, as
amended, or with respect to an otherwise qualified disabled individual, as provided in ~
U.Q.C. X94, a emended, also applies to this Agreement.
2.3 Information and Reports. The Subrecipient shell provide any information, reports,
data, and forms pertinent to this Agreement as the Administrator or staff of ~~ may,
from tune to time, request for the proper administration of this Agreement. The Sub
recipient shall adhere and comply with the reporting requirements mandated far the
Performance Ileauren~ent System, administered by the City, as a condition of
receiving funds under this Agreement.
~.4 FMB Dircular A-~ ~ ~, A-~ 2~, and A-~ 3. The Subrecipient shall comply with the
requirements and standards of United states' Office of l~anagn~ent and Budget
~"~~IIB"} Circulars A-11 a, A~1 ~~, and A-~ ~~, as each may be amended.
~.5 Compliance Documentation. The Subrecipient shall keep and provide access to
retards documenting compliance with the rules and regulations contained in Title 4,
Chapter ~a, et. seq., of the Code of Federal Regulations ~"FR"}, including, but not
limited ta, Subpart I~, Bectian 70.D, Lobar standards; ~~a.al, Employment and
Contracting Opportunities; 7a.~a~, Lead-Based Paint; b70,a, Use of Debarred,
Suspended, or Ineligible Contractors ar Subrecipients; ~lg.G~ 0, Uniform Administrative
Requirements and Cast Principles; and ~g.~ ~ ,Conflict of Interest. If there is a con-
flict of interest with any employee, agent, consultant, officer, or member of the Board of
Directors of the Subrecipient, the person with the conflict and the nature of the conflict
must be identified, by Warne and title, and submifiked to the Adrrrinistrator prior to any
casts being incurred at, in, or on the Facility with respect to construction of the Improve-
ments.
~. equal Employment opportunity. The Subrecipient shall complywith all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 1124, as amended, and Section 3 of the Housing and Urban Develop-
mentAct of ~ 908 as set Earth in ~4 CFR ~7g.Gg~, as 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,
2.~" Requ~estfor BidlPropol. The ubrecipient shall comply with requirements of
Oi~B CircularA~l~lg, as amended, and all State and local procurement requirements
Boys & Girls Club of ~ Inc FYOlo8
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with regard to solicitation of bids and proposals for construction of the Impraver~ents to
the Facility, if applicable, and shall provide such records to representatives of HUD, the
pity Manager, or the Administrator upon request.
2.8 Real Property Acquisition The ubrecipient shall comply with requirements of
~9 MFR Part ~4, subpart B, as amended, and all state and local acquisition require-
ments with regard to acquisition of property, if applicable, and shall provide such
records to representatives of HUD, the pity Manager, or the Administrator open request.
~. disabled ar~d Handicapped Accessrbi[ity. The ubrecipient shall amply with
the Americans with Disabilities Act of ~ 9g0, as amended, and with the rules and regu-
lationspublished in ~8 MFR Part ~G, s amended, and all state and local requirements
regarding disabled accessibility.
~.~4 Religious ~rgani~ation. The ubrecipient shall comply with requirements re-
garding religious organizations, asset Earth in 24 MFR 7g.~gg~j}, as amended.
ETI~N UPENI~N AND TER~IINATI~N.
3.~ Application of ~4 MFR 8~.4. The pity may suspend orterminate this Agreement
in accordance with ~4 DFR ~,4~, as amended, if the ubrecipient materially fails to
comply with any term of the D~ Program award orthis Agreement.
3.~ Application of ~4 MFR x.44. This Agreement may be terminated for convenience
in accordance with ~4 MFR .44, as amended.
3.3 Remedies for Non-compliance. Pursuant to the provisions cited in Section of
this Agreement, to Federal rules and regulations applicable to the Subrecipient, and to
HUD guidelines, if any deficiencies are discerned by or through monitoring of this
Agreement, the Administrator may eithertemporari[y withhold cash payments pending
correction of the deficiencies, disallow all or part of the cost of the activity or action not
incompliance, wholly or partly suspend orterminate the current award, withhold further
awards, or take any other remedies that ray be legally available.
.4 Termination Notice. dither party may terminate this Agreement, during the term of
this Agreement, as of the last day of any month upon thirty ~3g}days prior written no-
tice, The party terminating this Agreement must comply with subsections . ~ and .~ of
this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination.
~. Termination. Upon a terrr~ination of this Agreement, the Subrecipient agrees to
refund to the pity all CDB Program funds expended on construction of the Facility and
Improvernent~ If the Subrecipient cannot refund all such money within thirty ~3g} days
of the termination notice, the pity may take whatever action is necessary to reimburse
the pity as set out in ~4 FR 8,4 and 8.44, as each may be amended. Illotwith-
standing this provision, the Reversion of DB Funds provision, set out in Section 4 of
this Agreement, also applies to the Subrecipient's CDB Program funds on hand, ac-
counts receivable, and real property underthe Subrecipient's control.
boys & Girls Club of GC Ins FY~7~8
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ETI~N 4. REIIERI~N ~F DBC FUNS.
X4.1 Facility and Improvements Use to Meet National ~bjectlve and dame
Business Purpose. The Subrecipient's Facility and all improvements must b used to
meet one of the national objectives set forth in 24 CFR 5~g.~g~, as amended, during
the terrn of this Agreement and for one yearfallowing the date of final completion of tyre
construction of the Improvements or one year following the date of the last diburse-
ment of CDB funds underthi Agreement, whichever is longer. In addition, the ubre-
cipientshall use the Facility and all improvements forthe same business purpose a
that which existed on the date of the Subrecipient's execution of this Agreement for a
period affive ~~} years following the date of final completion of the construction of the
Improvements or following the date of the last disburerr~ert of ~~ funds underthis
Agreerrrent, whichever is larger.
4.~ Facility and Improvements Not Used t~ Meet National ~b~eotive and dame
Business Purpose. In the event that the ubrecipient's Facility or any Improvements
are not used to meet ane of the national objectives or the same business purpose for
the length of time specified in subsection 4. ~ of this Agreement, then the Subrecipient
shall reimburse the City forthe CDB funds received by the Subrecipient as follows:
~A} Failure to meet national objective: The ubrecipient must reimburse the total award
of CDB funds received underthis Agreement.
~R} Failure to use Facility or any Improvements for same business purpose: Prorated
reimbursement as a fractional amount, the numerator being the numberof months
that the ubrecipient's Facility or any Improvements failed to be used for the same
business purpose as that which existed on the date of the ubrecipient's execution
of this Agreement and the denaminatar being a, multiplied by the total amount of
CDBC funds received by the Subrecipient underthis Agreement.
4, N~ Election of remedies. Resort, by the City, to a remedy under subsection ~.Z
of this Agreement, or another remedy provisian set out in this Agreement, does not bar
the application and use of any other remedy allowed by law or that may be enforced by
the City pursuant to ~4 CFR 7a~0, as amended,
ETION ~. PR~C~AM INCOME.
~.1 Disposition of Program Income. Program income received by the ubrecipient
as a result of this Agreement, if any, may be retained by the ubrecipient. Any such
program income must be used to operate public facilities to provide services to low and
moderate income 'individuals and individuals with disabilities within the City of Corpus
Christi and throughout the community served by the ubrecipient in conformity with 4
C1= R 70.~a~, as emended. The ubrecipient shall report program income to the City
annually, during the term of this Agreement, not later than August ~1 for the previous
year ending July 1.
~.~ Accounting for Program Income. The ubrecipiert shall comply with FMB
Circular A~1 ~ 0, as amended, with reference to program income, if applicable.
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SECTION ~. il~SI~RANCE ANA IN~EIUINITY PROVISIONS.
G.~ Ir~ura~ne. The Subrecipient shall have in farce, throughout the term of this Agree-
n~ent, insurance that complies vuith the standards in Exhibit B, a copy of vwrhich is at~
tached to this Agreement and is incorporated in this Agreement by reference. ~ certifi~
sate to that effect rust be provided to the City's Risk Manager {"Risk Manager"} and
the Administratorat least ten {~0~ days prior to any construction. Failure to maintain
any of the types and limits of the insurance required by Exhibit B is cause forthe City to
terrr~inte this Agreement and cancel any and all reimbursements of CDB funds to the
Subrecipient.
~.~ Notioe to pity. The Subrecipient shall require its insurance companies, ~rritten
policies, and certificates of insurance to provide that the City must b given thirty {~}
days advance native by the insurer priorto cancellation, nonreneu`ral, or material change
of the insurance policies required by Exhibit B~ Failure to maintain such insurance ~rilf
be cause forthe ityto take control of the Facility and all Improvements, cancel any
claim that the Subrecipient may have to the use of the Facility and Improvements, and
cancel any end all reimburserr~ent of CDB funds to the Subrecipient.
~w Right to Re-evaluation and Adjustr~en# of limits. The Risk Manager retains the
right to re-evaluate the insurance requirements during the tern of this Agreement and
adjutthe types and limits of such insurance upon thirty X30}days vuritten notice to the
Subrecipient. Insurance types and limits may not be adjusted mare frequently than
once per year.
~.4 I ndern n if i~a#ion.
(A) The Subrecipient covenants and agrees that it wi!! indemnify and
hold City harmless of, from, and against al! claims, demands, ac-
tions, damages, losses, costs, liabili#ies, expenses, and judgments
recovered from or asserfed against the City on account of injury or
damage to persons or property (including, wi#hout 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, either proximately or remotely, wholly
or in par[, by an act or omission, negligence, or misconduct on the
part of the City, its officers, employees, or agents ("Indemnitees"),
acting pursuant to this Agreement and with or without the express
or implied invitation or permission of the Subrecipient, or on the
part of the Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees entering upon
the Facility being improved or used pursuant 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 Indemnitees, the Subre-
Boys ~ Cirls Club of CC Inc FYO7o8
Page 7 of ~ 5
cipient or any of its agents, servants, employees, contractors,
patrons, guests, licensees, or invitees of any law, ordinance, or
governmental order of any kind, or when 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 Facility or fhe Facility itself by Indemni-
tees, the Subrecipienf, or any of its agents, servani~s, employees,
contractors, patrons, guests, licensees, or invitees, and including,
without limitation, any damages or costs which may occur as a
result of the design of the Improvements to the Facility, the bid-
ding process, actual construction of the Improvements to the Fa-
cility, administration of the construction contracts by the City or
ifs designee, failure of fhe Improvements 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 Facility
to work as designed, failure of any contractor, subcontractor, or
manufacturer to honor its warranties, or failure of the Subrecipient
to maintain the Improvements to the Facilify or the Facility itself.
(B) These terms of indemnificafion 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 Indemnitees, but not if such damage or in-
jury may result from the gross negligence or wilful misconduct of
lndemnitees.
(C) The Subrecipienf covenants and agrees that, in case the City is
made a party to any Iitrgafion against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient
relating to this Agreement and the Improvemenfs to the Facility
contemplated under this Agreement, the Subrecipienf shall, upon
receipt of reasonable notice and at its own expense, investiga#e a!1
claims and demands, attend #o their settlement or other disposi-
fion, defend the City in all actions based thereon with Iegal coun-
sel satisfactory to the City Attorney, and pay a!I charges of at
#orneys and all other costs and expenses of any kind whatsoever
arising from any said claims, demands, actions, damages, losses,
costs, liabilities, expenses, or judgments.
{v) The provisions of this section survive the termination or expiration
of this Agreement
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ECTI~N ~, UBRECIPiENT' RE(~UIREMENT.
~~~ Precontracting and Preconstruction Conference. The ubrecipient has at-
tended ~ precontracting conference Frith City representatives. The ubrecipient and all
of its identified contractors and subcontractors must attend ~ preconstruction confer-
ence v~rith City representatives. Failure to do sa may result in the ubrecipient being
ineligible to receive the DB funds av~arded and allocated to the ubrecipient under
this Agreement.
7,~ Pledged Contribution. The ubrecipient shall provide any additional funds
needed for the completion vfthe Improvements. The ubrecipient shall provide can-
celed checks ar other proof a ray be required by the Administrator as proof of the
contribution.
~. Prepare Plana and pecificationa, The ubrecipient shall retain a registered
architect or licensed professional engineer in accordance Frith FMB CircularA-11g, as
amended, to prepare the Plans and to inspect all Improvements to ensure conformity
vuith final plans and specifications submitted to the Administrator.
~'.~ Professional ervices~ The ubrecipient shall retain professional services and all
necessary contractors far construction of the Improvements in accordance rr~ith FMB
Circular A-~ ~ 0, as amended, and construct Improvements to the Facility in accordance
v~ith final plans and specifications and the schedule submitted to CDD as set cut in sub-
sections 1. ~ and ~ . 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.
7.5 Change order Procedure, A change artier procedure must be instituted to make
changes in the Plans ar specifications or to decrease or increase the quantity of ~rork to
be performed or materials, equipment, ar supplies to be furnished for the improvements
to the Facility. The ubrec'rpient shall submit all change orders to the Administratorfor
approval prior to the change ardor beaming effective. Any money expended by the
ubrecipient pursuant to a change order and prior to submittal and approval of such
change order i not reimbursable, and the ubrecipient shall bearallsuch casts
associated vuith unapproved changes,
~. staff and Administrative Support. The ubrecipient shall provide sufficient staff
and administrative suppark to supervise the construction of the Improvements to the
Facility,
?.~ lJe of Funds. The Bubrecipient covenants that alf CDB funds expended under
this Agreement will be used solely far the activities described in this Agreement. The
Subrecipient shall reimburse the City for all funds expended for activities not related to
the purpose and activities described in this Agreerr~ent or that violate Federal or State
laves.
~.S Aocount~ng and Audit. The Bubrecipient shall record financial transactions ac-
cording to approved accounting procedures and provide an independent audit of the
Boys & ~Irls Club of ~C Ino FYQ7o8
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expenditures in accordance with FMB ~ircularA-~, as amended. such audit must be
completed within ninety ~g0~ days after the Improvements to the Facility were com-
pleted. A copy of the audit must be provided to the pity within thirty X30} days of com~
pletion of the audit. if the audit shows discrepancies between amounts charged the
ubrecipient and amounts reimbursed to the ubrecipient by the pity, a resolution of
the discrepancies must be made within sixty ~0~ days from receipt of the audit by the
pity. If the ubrecipient owes the City 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
ubrecipient is in default pursuantta thisAgreement.
~.~ orr~pletion Date of construction. The ubrecipient shall complete construction
of the improvements to the Facility in accordance with the approved Plans and pecifi-
cations by May ~, ~ooS. If the ubrecipient is rendered unable to carry out the terms
of this subsection, the ubrecipient shall promptly give the pity written notice of such
delay together with reasonable particulars concerning it. The Administrator may extend
the construction time schedule for such time as may 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 9.~
SECTION ~. ITY' REC~UII~EMENT.
8.~ ommittrnent of Funding for Ir~prvvernents of Facility. The pity shall provide
the Subrecipient up to one Hundred Thousand Seven Hundred Six#een ~allars
~~ X0,71 }from the pity's FY~QO~-0~ CDB Program for Improvements to the Facility
as described in Section ~ of this Agreement and in accordance v~rith the accepted bid,
budget, and construction schedules made a part of this Agreement, subject to the
Subrecipient' compliance with the provisions of this Agreement.
.~ Additional Funds. Nothing in this Agreement may be construed a requiring the
pity to provide additional construction funds to the Subrecipient at any tine in the future
SETI~N 9. GENERAL PR~V~SIONS.
g.~ Term, This Agreement terminates June 0, ~oo~. Extensions to the term of this
Agreement maybe requested by the Subrecipient and approved by the pity Manager.
However, the Subrecipient is bound by all covenants, terms, and conditions of this
Agreement including, uvithout limitation, record>~eeping, for a period of six ~} years com-
mencing vn the date of the ubrecipient's execution of this Agreement, unless a specific
bound period is shorter ar longer as may be stated in this Agreement.
g.~ ~~jective. The ubrecipient shall operate the Facility and the lmpraven~ent to
further the primary objective of the Housing community DevelopmentAct as outlined
in ~4 MFR ~70.0~ and 7g.~08, as each maybe amended, and will improve the Facil~
ity by May 1, X008, and provide programs to help low and moderate income indivi-
duals and individuals with disabilities improve the quality of their lives and reach their
maximum potential for independence and at all times in accordance with HUp's om-
munity development dock Grant regulations and guidelines and all local, State, and
Federal requirements and laws.
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9.3 Licer~si~g. The ubrecipient shall obtain and maintain any certificates and licen-
ses that are required of the ubrecipient, the Facility, and the programs offered at, on,
or in the Facility by the United states, the Btat of Texas, the pity, and any other
agencies having regulatory jurisdiction over the Facility and the ubrecipient.
~.~ ll~laintenance. The Bubrecipient shall furnish all maintenance to the Facility and
Improvements as necessary to maintain the Facility and Improvements in good repair.
9.5 Default. In the event the Bubrecipient ceases to operate the Facility in accordance
with the terms of this Agreement or commits any other default in the terms of this
Agreement, the pity is herein specifically authorized to demand reir~bursen~ent of the
DB funds paid to the ubrecipient and, in the eventthe 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 deers necessary to reimburse
the pity.
.~ No Liability. In no event is the pity liable for any contracts made by or entered into
by the ubrecipient with any other person, partnership, association, firm, corporation, or
governmental entity.
~.~ N~tioe,
{A} All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
follovuin methods: {~ } by personal delivery; {~} by deposit with the United states
Postal service as certified or registered mail, return receipt requested, postage
prepaid; {~} by prepaid telegram; {4} by deposit with an overnight express delivery
service, far which service has been prepaid; or {} by fax transmission.
{B} Notice deposited with the United states Postal service in the manner described
above gill be deemed effective two {2} business days after deposit with the United
states Postal service. Notice by telegrar or overnight express delivery service will
be deemed effective one {1}business day after transmission to the telegraph com~
pang or overnight express carrier. Notice by fax transmission will be deemed effec~
five upon transmission, with proof of confirmed delivery.
{~ All such communications must only be made to the following:
if to the pity:
pity of corpus Christi
Attn: Administrator, community Dev.
P. ~. Box ~~7
corpus Christi, Texas T84G9-9~~~
{3~~} SSG-~~4b office
{~} 84~-~74o Fax
If to the ~ubrecipin##:
Boys ~ girls flub of corpus Christi
Div. Attn : Executive D i recto r
~90~ greenwood Drive
corpus Christi, Te~cas 784
{~0~ } 8~2Ob office
{~G~ ~ 8~3-~ 4 Fax
Boys & Girls club of Gc !nc FYD7g~
Page 11 of 15
~•
`~
~~} Either party may change the address to which native is sent by using a method set
out abave~ The ubrecipient shall notify the City of an address change within ~ 0
working days after the address i changed.
9.~ Nonaeignmen#. The ubrecipient may not assign, r~artgage, pledge, artransfer
this Agreement or any interest in the ~aci[ity ar improvements without the prior written
consent of the pity.
. Nonexefuive er~rice. Nothing in this Agreement may be construed a prohibi-
ting the ubrecipient from entering into contracts with additional parties for tl~e perfor-
mance of services similar or identical to these enumerated in this Agreement, and no-
thing in this Agreement may be canstrued a prohibiting the ubrecipientfrom receiving
compensation from such additional contracoa[ parties, provided that ell ether terms of
this Agreement ere fulfilled.
9.10 breach of Agreement. Notwithstanding any other provisions of this Agreement,
should the ubrecipient breech any section yr provision of this Agreement including,
without limitation, the failure to pay taxes, assessments, or other government charges,
the breach sha[I be remedied in accordance with subsectian of this Agreement and
any ether applicable subsections. [f repayment is required a a remedy, other remedies
may be pursued, as deemed necessary by the pity Manager, if repayment is not made.
The City is entitled to reasonable attorneys fees in any court action arising out of this
Agreement.
9.1 ~ I~lodifcat~on. Madificatians to this Agreement are not effective unless signed by
a duly authorised representative of each of the parties to this Agreement. Modificatians
which do net change the essential scope and purpose of this Agreement may be ap-
proved vn behalf of the City by the pity Manager.
9.1 Ilelidity. If, far any reason any section, paragraph, subdivision, clause, phrase,
v~rard, or provision of this Agreement is 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, yr provision of this Agreement, for it is the definite intent
of the parties to this Agreement that every section, paragraph, subdivision, clause,
phrase, v~rard, and provision of this Agreement be given full farce and effect far its pur~
pose.
9.1~ Jurisdiction and llen~,e. The laws of the state of Texas govern and are appli-
cable to any dispute arising under this Agreerr~ent. 1lenue is 'rn carpus Christi, Nueces
Jaunty, Texas, where this Agreement was entered into and must be performed.
9.14 l~larra~ty from contractor. Upon the ubrecipient's receipt of a copy of the
ArchitectlEngineer's certificate of substantial completion, the ubrecipient shall only
leak to the architects, engineers, contractors, subcontractors, manufacturers, and their
respective warranties to remedy any defects in design, workmanship, ar materials, and
the ubrecipient covenants and agrees that the pity has no responsibility far any de-
fects of any kind ar nature whatsoever, even if it is alleged such defect is due to the
Boys & Girls Club of CC Inc FY~108
Page 12 of 1
~t
City's negligence. The City rust be a third party beneficiary to the ubrecipient's
contracts effecting the Improvements, ar~d all warranties and duties under such con
tracts must be in favor of the ubrecipient and the City.
9.~ ~ Copies of pules and Regulations. Copies of some of the Federal rules and
regulations referenced in this Agreement have been provided to the ubrecipient at the
precontracting conference as evidenced by the ubrecipient's ~B Compliance
Affidavit, which i attached to this Agreement as exhibit and incorporated in this
Agreement by reference. Any failure, by the City, to supply the ubrecipient urrith any
other Federal rules and regulations which may be applicable to the ubrecipient, its
Facility, the Improvements, CDC funding, or to recipients of Federal funds dues not
waive the ubrecipient's required compliance in accordance with Federal law.
9.~G Disclaure of Interests. Incompliance with section ~-4g of the City's Code of
ordinances, the ubrecipient shall complete the City's Disclosure of #n~ere~ form,
which is attached to this Agreement as exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreerr~ent.
9.~~ A~knovuledgrnent of Funding ourcew The ubrecipient shall give credit to the
City's ~B Prograrn as the project funding source in all presentations, written docu~
menu, publicity, and advertisements regarding the improvements. The ubrecipient
agrees to acknowledge the sponsorship of the City of Corpus Christi at any event
promoting the project or any other project sponsor.
9.~ ertifcati~n Regarding Lobbing. Incompliance with federal law, the ubrecip-
ientshall execute exhibit E, the contents of which, as a completed form, are incorpo-
rated in this document by reference as if fully set out in this Agreement,
{EXECUTION PAGES FOLLOW
Boys ~ ~;~~~ ci~~ of cc ~~~ ~~ro7os
Page ~ 3 of 1 ~
'~
Executed in duplicate originals this ~ d~ of , 2~D1.
ATTEST:
Armando Chapa
City Secretary
Elizab R. Rundle
~Sl nt Ity Attarr
far the pity Attorney
a , 2~~7
A I~~V~I~VLE D1I~ENT
STATE OF TEXAS §
+~!!^e4lwM~•^M~fi~r-••~rr.a. ! LW V
r
^^``AA'll' V
~~Y~~ ^ ^14~rl~~i~~ ..~a-• -.h.a .wwa
t f
~~~~R~ `
~[N~1~V ALL BY THESE PRESENTS:
~oUNTY ~F N~EES
.,~„~
~ ~ -
.
This instrument vas acknawledged before me on , ~gg7',
by evrge ~. Noe, pity lUlanagerof the pity o~ corpus Christi, a Texas home-ruse
municipal corporation, on behalf of the corporation.
~;
seal}
Notary Public, State of Texas
~4y1141~~1f
_*~ ~*= MY ~OMMI$S~ON ~~I~Ii~~S
.~ a.
+l iii ~~
CITY ~F ~RPIlS CHRISTI
V r41V a I~VV
pity Il~anager
Boys & Glrls Club ofCC Inc FY07~8
gage ~ ~ of ~ 5
Approved as to form:
UBI~EIP~ENT: ~~Y ~ [RL CLUB ~F ~RPU HRITI, INS.
--~
Executive Director
~ a~~~ /o~
Date
~~~ ~
Printed name
A~~CN~VULEDCN~ENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument as acknovuled ed before rye on ~ ~ 2007
~ >
by ~, ~ ~ ,Executive Director of Bogs & Girls flub
of corpus hriti, Inc., Texas nonprofit corporation on behalf of the corporation.
1~~~r~# Pudic, Mate of ~'ex~s
,~~ ~ Nc#arY
~ Cor~missio~ ~xp~res
Fehr Y
~~~•--
Notary Public, State of Texas
Buys & iris Club of CC inc FY070~
Page 1 ~ of 9 ~
~~ ~ ti
~~
P~~[.~I~IN~4RY ~~~~T ~ C~NTRUCTI~N C~~DU~.~
F1Cand Funding: FY~047I ~~~
Project Name. art Cam~lex
~rganizatian: Bo & iris Ciu~ ofi Co us Christi Inc^
Total Pra~ect host: ~ ~~,T~ G
~R~L.~1~INARY B!l~~T
Pr~je~~~Fin~~i~~ eourc~s:
{Funds available to complete your project
Fund /^^Y• •.. ..r ....f~ ~......r.....,..~r.ir..r~.*..r..~...... r.. ... .., ..I .r r., .~h.r.•
1+
Fund 7^. •frr.r..~~..^.^~~r...,~...,....,.i,~.~....s... ..f .....^.Y~r.~.,..Y~... ~..'.*+
~ Capital Cantr~b~ti~n fro131 Agen~~...,.,..ir......r.....,....+.r...,..a
• FY X007 CDB~ lFunding~...,s, ,.. ~~r rr. ... ^,. Y.. ... ..~... ...~...,r... ,...a ..,
Y*h,^.rri• ~~M~i~I.rfr...*.r~...,.Y....r..^^..i*rrr.... r.r ~s. L.. ,.. .r.... ..r ... ...
~Y f~~ FY.I~ ~*~~^++^^~-~Y F~.y ~~~.F~~~.F ^... ... 1.f 4...., rY. ir. ,... a-...^
~t[i~~ted ~xper~es;
List estimated ex nses to com fete cur ro'ect such a:
F~.~+~d "1~uF~it~S/~ ^..,~.......*.r.a...ta.4 ... f.. .., ~,. ....,. ,1. ....f~~.^
• ~7F^Yr~~~+'~~ P1.4 ,1.~~+~ ~t~. rr.... l~r r.. ..s.,~i~^.., ..f err r....~^.. sa.
• AID Prafeslonal Fees .......,..ir.... .......:...............,........
anstruc#~on Cvst....r..r...~..,.,...~..^•.. ..rrr~r....~r........r....^
~I~~t~~MV~~{V •y~..r,.~i arr.,...~...s..i..~.. ii. ~r~.r. ... .,f ... ..f ...,r~..•
Other: ~peclfiy}^~~..r ..................^*.r.......^•,...^,...,i*.......,r^
TOTAL PRD~#EC 1 OTr^^,r,s.^.r.rr,.r.ra^,r.^..^^a^..,...^^,^rr.rr~^^r.r^..^
Funds needed far the Pra'ec#
AMOUNT
~ P,~en ~2;~ .
10Q,716
f~l~
t
aMOUNr
6D0
.~ 6~~ .
~a-s~e ~I 13, 51 ~
~~
N~TF: Thy total funds available fior the ro'ect" shall bee ua! to the *total ro`ect cost."
~~~~.1l~~NA~Y CONTR~JCTI~ Ci~~~L~
P 'voted dates for compRefion of ~C~y project phases}
PR~JECT~D ~AT~
• Praprty Trans#er IPurc~iasing......,~ .............~.,.,.......^.....
• Proc~r~rnan# of Ar~h~tectlEngi~er ~A~E~ services ................ ! 09l~~107
i~Y~(J!^y]~,i ~1i~14 ~~~ ^^^~~^u~~^^nts' i+.p~~/t\/~i}. ..^.....~.i^•.f..^^...i.^ ~~~~~~~~
Y
Award ~Id ~~ ContruMOn Contr~G~ ... , ~ r * ^ ^ ^ .. •.. ^ r.. ^. ^,.. ^, .. ~~~~ 7l~8
~ onstruct~on a# ~l~D°1~ on~p~etion ........................ ...... ....... D5 ,
1 C1~ 1:J~ LCI1J'~ CJ~. ~+Sl JD1 ~;JJi ]4~ ~lJif ~ l~1fCL7 ~~U~ ~UfCf° 4 rF~47~ YJl
Anne Bek~r E~H~B~T ~ ~+~~ saenr, D~r~ct~r
~f1I~~ P~U~SSIO~?8I ~~I~~~ ~ ~~ ~ w
351 ~$53-~~Q5 ~~ ~~e~
ood ~r
!
5
Cor~~s C~rlsti, T 78~
AU'
]{^
~
V Af ~ r~~~ f ~~L V
~~1 •~~~~ 1 ~~ - ~
~ CL
1L ~3
~~ 4RPl~S CHRISTI, IH~,
Patr~~ia. A~n~y~} ~~re~t~r
~ww, ~g c~arpu sc hr~st~.a~g
Ro~~town
401 ~v~st i.igu~tr~m
~~~st~~-~, T~ ~a~~o
381.3~7•~983
3fi1-8~-i X23 ,Fax
Mr. a~ue~ ~l~~go~
~t~ o~ Coypus sty
k~~~~ir~ Carn~uni~y Dcve~o~m.c~t
omuni~y ~ov~la~me~t A~min~#~ator
~~~. Bay X277
~o~us b~~~~, ~' 754~~
ar~c~ ~ 37 ~a7
~~ ~~~~~" of the ~~ a~t~e ~oy~ ~r~~ Club ~~` o~u~ h~s~i, I as«~ you that we vv~~~
pr~~i~c ~~e fi~uY~ing needed to ca~r~r the ~os~ ~~' our ~roj~~~,
~~ e~~rnat~d. ~r~auu~ a~~~ tk~e ~~ gzat~t off` ~ ~ ~~,~~~ ~s ~~,~~~. ~'he doct.u~e~tatia~
enc~o~e~ ~nc~ude~ the 3a~uy ~r~anc~~I~ a~ great a~ t~,e ~ctua~ ~,~~~ ~ ~ri~i which
n~atuxes ors March , ~Q~7~
,~ ~~vay~, ~ ~~~dg~ o~~ co~,e~~ ~o exem~~ary fi~anc~~~ ~c~v~rd~~ap~
~nr~e ~a~r
Serving
Carpus Christi Youth
~'-~~ ~~~~~~~e P1~ce ~~~ ~i~s lnc~ 195
ExwI~IT ~
INSURANCE REQUIREMENTS
1. ubrecipient's Liability Insurance
A. ubrecipient must not commence work under this agreement ail insurance required herein
has been obtained and such insurance has been approved by the City. ubrecipient must not
allow 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 Manager and to the Department or Division
responsible for this agreement, copies of Certificates of Insurance, showing the following
minimum coverage by insurance carnpany~s} acceptable to the City's Risk Manager. The City
must be named as an additional insured far all liability policies, and a blanket waiver of
subrogation is required on all applicable policies.
TYKE of INS~JRANCE MINIMUM INSURANCE cO11ERAE
3a-day written notice of cancella#ivn, ~mater~al Bodily Injury and Property I~ar~age
change, non~renewal or termination is required on
all certifica#es
C~MI~ERCIAL GENERAL LIABILITY including: ~ OOD g~0 Combined din le Limit
~ . Commerciai Form
~. Prerr~ises -Operations
~. Praductsl Completed Dperatians Hazard
4. Contractual Liability
5. Independent Contractors
6. Broad Form Property Damage
1. Persanllnjury
FIRE and EXTENDED COVERAGE At a minimum, amount sufficient to cover the
replacement cost of facilities andl ar building
City to be named as lass payee using standard loss
payee clause.
BUILDERS RISK INURANC~ Full value of any improvements constructed with
~ . A11 Risks of Physical Lass; including collapse CDBG Funds provided under this agreement, sa long
and transit average as work remains to be completed on such
improvements
C. In the event of accidents of any kind, ubrecipient must furnish the Risk Manager with copies
of all reports of such accidents within 'I o days of the accident.
Community Deveiopr~ent Black Drant Program ubrecipient Agreements ins. req.
8-~ ~-~7 ep Risk I~gmt~
II. ADDITi~NAL I~EG~UI~EMENT
A, Certificate of insurance:
The City of Corpus Christi must be named an additional insured on the
liability coverage, and a bianketwaiver ofsubrogation on all applinable policies.
The City of Carpus Christi must be named as Ions payee using a
standard loss payee clause on the Fire and Extended Coverage coverage.
if your insurance company uses the standard ACRD form, the canceliatian
clause bottom right} must be amended by adding the wording „changed or"
between ""be'" and "canceled", and deleting the words, „endeavor to", and deleting
the wording affer "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 ~f the prajec# must be listed under "Description of operations"
* At a minimum, a 30-day written notice of cancellation, non~renewal, material
change or termination is required.
~, If the Certificate of Insurance on its face does not show on its face the existence of
the coverage required by items ~ .B ~~}-~7}, an authorized representative of the
insurance company must include a letter specifically stating whether items ~ , B. ~~ }-
7}are included ore~ccluded.
END
community Development Block Grant Program ubrecipient Agreements ins. req.
8-~0-0~ ep Risk I~gm#.
,~
f +~
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: /~ -CMG L' `7'
Affiant: ~ ~ ~~~~~ ..~ ~~ ~~ ~1
~ ~
ommunlt~ Development Black grant ~abreci lent
p
~ffiant, on oath, swears the fallowing statements are true:
I, , am the ~ ~ title
~ ~
a Texas nonprofit
corporation, which has applied far and been awarded ammunity Develapment Block
grant ~"DB"} Program funds administered b~ the pity of corpus Christi ~``it~r„}. Prior
to the start of the praject far which DB funds have been awarded, as the representa-
tive of the above-named subrecipient organization ~"ubreoipient"}, i met with its staff
and received copies of the following Federal rules and regulations:
FMB ircularA^11g ~~ DFR 8.4 and x.44
~~IB circular AF1 ~~ ~4 MFR 5~a.~aa, Da, and GOa et. seq.
~IUIB circular ~~1 ~9 MFR Pert ~4, ~4, ~ g1-~4.1 D4
~4 MFR Part 4
By execution of this affidavit, I attest that I have received the abave-listed Federal rules
and regulations, ~it~ staff has explained the rules and regulations, and I understand the
Bubrecipient's obllgatians of perforr~ance under the rules and regulations. Further-
mare, (acknowledge that there mad be additional Federal rules and regulations,
beyond the rules and rguitions listed above, to which the ubrecipient mad be subject
and with which the Bubrecipient rnust comply.
By:
SWORN TO AND SUBSCRIBED before me the ~ day of ~C~~~ E~ , 2007.
,~ tiu+rr~,
.~ r~ +~ s O~~~R W~I.~S ~ ~
~°~~' ~~~}'~ s~~~ °~ ~ a Nota Public, Btate of Texas
;, ;~~ ~ My C~rnmissio~ ~xpir rY
r~~ia ~~~~I~qf}~ ~~, ~~~ ~
EXHIBIT D
°E CITY OF CORPUS Cffit7STI
DISCLOSURE OF IIV1'ERESI'
City of Co ~i 1'~ t 1 , ~s a~cnded, 9~ a~ persons or firms ~ do bass t~~ Ci
. w
~ e e folio~n ~r~natY~n. ~r~ry qucs~on nst be . If ~~ ~~ ~ appliclef ansv~er
A". Sec verse ~i ~ fvr dei~ians.
J
C~MPANYI~AIV ~ ~ ~,~. ~. ~ ~~ ~~S ~I
~. ~. ~
4. Assoc~dian ~ ~. fur ~ ~
~ddiea~i space is ~ , p~eas~e usa rcverso side of this ~ag~e or att~z rats sit.
1. t die ~ aft "~~~ o~tha C ~f~us Chr~sts ~~ a,~ " ~' ' g 3°l#
or ~orc of the ~ e ai~ovo nam `arm."
Namc ~ab'x'itx snd City department ~~anawn}
~. ~# die names of cast "o~iai" o~the Ci a~ carpus Christi having ~n "~ ` ink' cot~tam 3 °Io or
rao~e afthe oershi i~ the avn '~
,.
ono ~"r#Ie
1
. 5#c die yes of each "baard membcr~' of the Ci of Corpus ~ having an ~`ip ~~' coming
o ~ ~
3 Io or more of the u~vuership in the ahvve meted firm.
Nina ~ ~a, Com.~aissivn, or Camxnittec
~. be the motes a~'ea~ch er~Pioy~e of over af~ "consuit~-t'~ far ~e City of Cis ~ wha worked on any
~atteer rcd a suh~~ct o~ this contract and has "ownership in~eres~~ ~ ~°I~ ar amore of the
ow~ners~tp ~ the move named "firm.'
Cotxsa~tant
~ certifyithat ~~ iof~r~on ~1~DYtded is ~ GDr~ as afthe ~~~~ oft~ls S~ate~eA~. ~ I h~v~ II~~ icnoWingly
w~thhe~d diosure of an ~nfortna~aon raq~esd; and #hat suppiern~nt~i stemeats ~I he rnptiy subn~~t#nd ~a
City of corpus Chr ~ a changes occer.
Cer~fvin~Person: ~~ e:
tg~ture ofCertif~rir~g Parson: Date: ~-
City of Exhibit E
~~ Co[pUS
.Christi
:.~..r
ERTIFIATI~N RECARDIN L~BBYI~I
ERTIFIATIN FAR ~NTRAT, RANT, LEAN,
AND ~PERAT111EACREEI~ENT
The undersigned certifies, to the bast of his or her knowledge and belief, that
~~ } No federal appropriated funds have been paid or gill be paid, by or on behalf of the undersigned, to
any person far influencing or attempting to influence an officer ar an employee of any agency, a
member of congress, an officer or employee of cangress, ar an emplayee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment" or modification of any federal contract, grant, loan, or cooperative agreement.
~2} If any funds other than federal appropriated funds have been paid ar will be paid to any person for
influencing ar attempting to influence an officer ar employee of any agency, a member of congress,
an officer or er~ployee of cangress" ar an emplayee 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 dorm-~ ~, {`Disclosure Farm to Report Lobbying,"' in accordance with its
instructiansF
~~~ The undersigned shall require that the language of this certification be included ire the award
documents for all subawards at all tiers including subcontracts, subgrants, and contracts under
grants, lawns, 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. ubmissian of this certification is a prerequisite far making ar entering into this
transaction imposed by ectian ~ 35~, Title 31, U.. fade. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $~ ~,aaa and not mare than $ ~I ag, egg for
each such failure.
Signature
~~,v~ ~.~~'~~L
Print Name of Authorized Individual
ia~ ~, a ~
Date
~je~~s <_` ~,2GS C,c.UU Q~ CD,~~Gls~i#Ql,~Tj
Organization Name