HomeMy WebLinkAboutC2009-583 - 11/17/2009 - NAFY09 HOME FUNDING AGREEMENT
CLIFF MAUS VILLAGE APARTMENTS
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
SECTION 1. PARTIES TO AGREEMENT
(A) This agreement ("Agreement") is made and entered into by and between the Cor-
pus Christi Community Improvement Corporation, a nonprofit corporation organized
under the laws of the State of Texas ("CCCIC"), and the Cliff Maus Village Trust, a
charitable trust organized under the laws of the State of Texas ("Trust").
(B) The parties have severally and collectively agreed, and by the execution of this
Agreement are bound, to the mutual obligations and to the performance and accom-
plishment of the tasks described in this Agreement.
SECTION 2. AGREEMENT PERIOD
This Agreement commences on the date of execution by the CCCIC and terminates on
December 31, 2010, unless otherwise specifically provided by the terms of this
Agreement.
SECTION 3. GRANT FUNDS
(A) The CCCIC agrees to grant the Trust One Hundred Ten Thousand Dollars
($110,000) of federal HOME funds subject to the conditions in this Agreement.
(B) The Trust shall execute a covenant to bind the property for a period of five (5) years
("Covenant of Affordability"), the terms of which are set out in this Agreement and in the
sample representative document by the same name which is attached to this
Agreement as Exhibit A. The fully-executed Covenant of Affordability will then replace
the sample Exhibit A provided with this Agreement, the text of the executed Covenant of
Affordability is then, by agreement of the parties, incorporated in this document by
reference, and the new Exhibit A will be recorded in the official deed records of Nueces
County. The binding terms of the recorded Covenant of Affordability will be released
upon the Trust's completion of the terms and provisions contained in this Agreement.
SECTION 4. THE TRUST'S PERFORMANCE
,~~ T~_ ____~ _ ~ must be used by the Trust in accordance with the Trust's
2009-583 ;submitted for funding consideration, to wit: install sewer
11/17/09 its and renovate the interior premises of 13 uninhabitable units,
CCCIC ~NDEXE®
at property owned by the Trust and located at 1458 West Point Road, Corpus Christi,
Nueces County, Texas ("Project").
(B) The Trust, in consideration of being granted the funding, will continue to operate
this federal Section 8 property to provide housing to low and moderate income families
for the length of time applicable under the Covenant of Affordability. These dwellings
are located in Corpus Christi, Texas. This provision survives the expiration of this
Agreement.
(C) In this Agreement, low and moderate income families are as defined in accordance
with 24 CFR 92.2 and calculated based on 24 CFR 92.203(b)(1), ("Housing"), as de-
scribed in the preliminary budget and construction schedule, which is attached to this
Agreement as Exhibit B and which is incorporated in this Agreement by reference as if
fully set out in this Agreement ("Budget and Construction Schedule"), if applicable to this
Project.
(D) The Trust will administer the Project in accordance with all federal laws, rules, and
regulations including, but not limited to, the HOME Investment Partnerships Act at Title
II of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C.
12701, et seq., and implementing federal regulations contained in 24 CFR Part 92; the
HOME Program Guidelines and Application Package; and Exhibit C, entitled "Other
Federal Requirements," which is attached to this Agreement, the contents of the exhibit
being incorporated in this Agreement by reference as if fully set out herein.
(E) The Trust agrees to acknowledge the sponsorship of the CCCIC at any event
promoting the project or any other project sponsor.
(F) The Trust shall perform all activities in accordance with the terms of the
assurances, certifications, and all other statements made by the Trust in its application
for the Project funded under this Agreement; and with all other terms, provisions, and
requirements set forth in this Agreement.
SECTION 5. CCCIC'S OBLIGATIONS
(A) In consideration of full and satisfactory performance of the activities referred to in
Section 4 of this Agreement, the CCCIC shall make payments under the grant for the
actual and reasonable costs incurred by the Trust during the Agreement period for
performances rendered under this Agreement by The Trust, subject to the limitations set
forth in this Section 5.
(B) It is expressly understood and agreed by the parties that the CCCIC's obligations
under this Section 5 are contingent upon the actual receipt of adequate federal funds to
meet the CCCIC's liabilities under this Agreement. If adequate funds are not available
to make payments under this Agreement, the CCCIC shall notify the Trust in writing
within a reasonable time after such fact is determined, and the CCCIC shall then
terminate this Agreement and will not be liable for failure to make payments to the Trust
under this Agreement.
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(C) The CCCIC shall not be liable to grant the Trust money for any costs incurred by
The Trust that are not allowable costs, as set forth in 24 CFR 92.206 and Section 7 of
this Agreement. Funds provided under this Agreement may not be used for payment of
prohibited activities as defined in 24 CFR 92.214.
(D) The CCCIC shall not be liable to grant the Trust money for any costs incurred by
the Trust or any performances rendered by the Trust which are not strictly in
accordance with the terms of this Agreement.
(E) The CCCIC shall not be liable to grant the Trust money for costs incurred or
performances rendered by the Trust before commencement of this Agreement or after
termination of this Agreement.
SECTION 6. DISBURSEMENT OF FUNDS
(A) The CCCIC will provide funds under this Agreement in accordance with the require-
ments of 24 CFR 92.502 and all other applicable federal regulations. The Trust may not
request disbursement of funds under this Agreement until the funds are needed for
payment of eligible costs. All work related to a request for disbursement will be
inspected prior to disbursement of funds. Funds will be disbursed within ten (10)
working days following completion of an inspection resulting in a favorable review and
approval by representatives of the CCCIC.
(B) It is expressly understood and agreed by the parties that payments under this
Agreement are contingent upon the Trust's full and satisfactory performance of its
obligations under this Agreement. The CCCIC reserves the right to recapture un-
expended funds provided under this Agreement in the event the CCCIC determines that
the Trust will be unable to expend the funds, or any portion of the funds, within the
prescribed time as determined by representatives of the CCCIC.
SECTION 7. ADMINISTRATIVE REQUIREMENTS, COSTS PRINCIPLES, AND
PROGRAM INCOME
(A) The Trust must comply with all federal regulations including, but not limited to,
applicable regulations under OMB Circular No. A-122 and the following requirements of
24 CFR Part 84: §§ 84.2, 84.5, 84.13 through 84.16; 84.26 through 84.28; 84.30;
84.31; 84.34 through 84.37; 84.40 through 84.48; 84.51; 84.60 through 84.62; 84.72;
and 84.73 pursuant to 24 CFR 92.505(b).
(B) The Trust shall adhere to and comply with the administrative procedures and
reporting requirements of the Performance Measurement System utilized by represen-
tatives of the CCCIC in order to facilitate the collection and reporting of HOME-based
funding data.
(C) The Trust shall maintain records of the receipt, accrual, and disposition of all
Project and program income funds in the same manner as required for in Section 7(A)
above for all funds provided under this Agreement. The Trust shall provide reports of
program income as requested by representatives of the CCCIC and at the termination
of this Agreement.
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(D) If applicable to the Project, all program income must be reinvested by the Trust and
applied towards housing initiatives for low and moderate income individuals and families
including, but not limited to, acquisition and rehabilitation of rental or home ownership
projects.
SECTION 8. RETENTION AND ACCESSIBILITY OF RECORDS
(A) The Trust must establish and maintain those records listed under 24 CFR 92.508
and other records as may be determined by CCCIC.
(B) The Trust shall give representatives of the CCCIC, the Comptroller of the United
States, or any other duly authorized representatives, access to and the right to examine
all books, accounts, records, reports, files and other papers, things, or property
belonging to or in use by the Trust pertaining to this Agreement. Such rights to access
shall continue as long as the records are retained by the Trust. The Trust agrees to
maintain such records in an accessible location.
(C) All records pertinent to this Agreement shall be retained by the Trust for five years
following the date of termination of this Agreement or of submission of the final close-
out report, whichever is later, with the following exceptions:
If any litigation, claim or audit is started before the expiration of the five-year
period and extends beyond the five-year period, the records shall be main-
tained until all litigation, claims or audit findings involving the records have
been resolved.
2. Records relating to real property acquisition shall be retained for the period of
affordability required under 24 CFR 92.254 or 24 CFR 92.252 as applicable,
plus five years.
3. Records covering displacement and acquisitions must be retained for at least
five years after the date by which all persons displaced from the property and
all persons whose property is acquired for the project have received the final
payment to which they are entitled in accordance with 24 CFR 92.353.
(D) The Trust shall include the substance of this Section 8 in all subcontracts.
(E) The Trust must provide citizens, public agencies, and other interested parties with
reasonable access to this Agreement and other documents and records that directly
pertain to this Agreement, consistent with the Texas Public Information Act, Texas
Government Code, Chapter 552.
SECTION 9. REPORTING REQUIREMENTS
(A) The Trust shall submit to the CCCIC such reports on the operation and
performance of this Agreement as may be required by the CCCIC including, but not
limited to, the reports specified in this Section 9. The Trust shall provide the CCCIC
with all reports necessary for the CCCIC's compliance with 24 CFR 92.509 and 24 CFR
Part 92, Subpart L.
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(B) In addition to the limitations on liability otherwise specified in this Agreement, it is
expressly understood and agreed by the parties hereto that, if the Trust fails to submit to
the CCCIC in a timely and satisfactory manner any report required by this Agreement,
the CCCIC may, at its sole option and in its sole discretion, withhold any or all payments
otherwise due or requested by the Trust, upon notice in writing of its decision and the
reasons. Payments withheld pursuant to this section may be held by the CCCIC until
the delinquent obligations for which funds were withheld are fulfilled by the Trust.
(C) Acknowledgment of Funding Source. The Trust shall give credit to the CCCIC as
the Project funding source in all presentations, written documents, publicity and
advertisements regarding the Project.
SECTION 10. MONITORING
The CCCIC reserves the right to, from time to time, carry out field inspections to ensure
compliance with the requirements of this Agreement. The Trust shall attend a
preconstruction meeting prior to the first construction draw. After each monitoring visit,
the CCCIC shall provide the Trust with a written report of the monitor's findings. If the
monitoring reports note deficiencies in the Trust's performances under the terms of this
Agreement, the monitoring report will include requirements for the timely correction of
the deficiencies by the Trust. Failure by the Trust to take the action(s) specified in the
monitoring report may be cause for suspension or termination of this Agreement, as
provided in Sections 18 and 19 of this Agreement.
SECTION 11. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that the CCCIC is con-
tracting with the Trust as an independent contractor, and that the Trust, as such, agrees
to hold the CCCIC harmless and to indemnify the CCCIC from and against any and all
claims, demands, and causes of action of every kind and character which may be
asserted by any third party occurring or in any way incident to, arising out of, or in
connection with the services to be performed by the Trust under this Agreement.
SECTION 12. INDEMNIFICATION
(A) The Trust agrees that it shall indemnify the CCCIC and its
directors, officers, employees, representatives, and agents
(collectively, "Indemnitees") and hold the Indemnitees harmless of,
from, and against all claims, demands, actions, damages, losses,
costs, liabilities, expenses, and judgments recovered from or
asserted against the Indemnitees on account of injury or damage to
persons or property to the extent any damage or injury maybe
incident to, arise out of, or be caused, either proximately or remotely,
wholly or in part, by an act or omission, negligence or misconduct on
the part of the Trust or any of its agents, servants, employees,
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contractors, patrons, guests, licensees, or invitees entering upon the
Project being acquired pursuant to this Agreement or when any such
injury or damage is the result, proximate or remote, of the violation by
the Trust 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 injury or damage may in
any other way arise from or out of the acquisition, rehabilitation,
modification, or construction at the Project or out of the use or
occupancy of the Project by the Trust, its agents, servants,
employees, contractors, patrons, guests, licensees, or invitees
including, without limitation, any damages or costs which may occur
as a result of the acquisition of the Project, design of the rehabilita-
tion, modification, or construction of the Project, the bidding process,
actual rehabilitation, modification, or construction of the Project,
administration of the construction contracts by the Trust, the City of
Corpus Christi, or the CCCIC or its designee, failure of the Project
prior to co"mpletion and acceptance of the rehabilitation, modification,
or construction by the Trust, failure of the rehabilitation, modification,
or construction of the Project to work as designed, failure of any
contractor, subcontractor, or manufacturer to honor its warranties, or
failure of the Trust to maintain the Project.
(B) These terms of indemnifications are effective upon the date of
final execution of this Agreement, survive the earlier termination and
expiration of this Agreement, and apply whether the injury or damage
may result from the contributory negligence or concurrent ne_gli_gence
of Indemnities, but not if the damage or injury may result from the
_gross ne_gli_gence or willful misconduct of Indemnitees.
(C) The Trust covenants and agrees that, should the Indemnitees or
any of them individually be made a party to any litigation against the
Trust or in any litigation commenced by any party relating to this
Agreement and the construction or rehabilitation of the Project
contemplated under this Agreement, the Trust shall and will pay all
costs and expenses, including reasonable attorneys' fees and court
costs incurred by or imposed upon the Indemnitees by virtue of any
such litigation.
(D) The Trust, for and in consideration of the Indemnitees'
participation in this Agreement, hereby agrees and covenants that the
Trust will never institute any suit or action at law against the
Indemnitees related to the performance by any party under this
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Agreement nor institute, prosecute, or in any way aid in the institution
or prosecution of any claim, demand, action, or cause of action for
damages, costs, expenses, or compensation related to the
performance by any party under this Agreement, whether or not
caused by the negligence of Indemnitees.
SECTION 13. SUBCONTRACTS
(A) Except for subcontracts to which the federal labor standards requirements apply,
the Trust may not subcontract for performances described in this Agreement without
obtaining CCCIC's prior written approval. The Trust shall only subcontract for
performances described in this Agreement to which the federal labor standards
requirements apply after the Trust has submitted a Subcontractor Eligibility form, as
specified by the CCCIC, for each such proposed subcontract, and the Trust has
obtained the CCCIC's prior written approval, based on the information submitted, of the
Trust's intent to enter into such proposed subcontract. The Trust, in subcontracting for
any performances described in this Agreement, expressly understands that, in entering
into such subcontracts, the CCCIC is not in any manner liable to the Trust's
subcontractor(s).
(B) In no event may any provision of this Section 13, specifically, the requirements that
the Trust obtain the CCCIC's prior written approval of a subcontractor's eligibility, be
construed as relieving the Trust of the responsibility for ensuring that the performances
rendered under all subcontracts are rendered so as to comply with all of the terms of
this Agreement, as if such performances rendered were rendered by the Trust. The
CCCIC's approval of a subcontractor's eligibility under this Section 13 does not
constitute adoption, ratification, or acceptance of the Trust's or the subcontractor's
performance. The act of approval of a subcontractor's eligibility under this Section 13
does not waive any right of action which may exist or which may subsequently accrue to
the CCCIC under this Agreement. The CCCIC retains at all times the right to insist
upon the Trust's full compliance with the terms of this Agreement.
(C) The Trust shall comply with all applicable federal, state, and local laws, regulations,
and ordinances when making procurements under this Agreement.
SECTION 14. CONFLICT OF INTEREST
The Trust shall ensure that no person who (1) is an employee, agent, consultant, officer
or elected or appointed official of the Trust that receives funds and who exercises or has
exercised any functions or responsibilities with respect to activities assisted with funds
provided under this Agreement or (2) who is in a position to participate in a decision
making process or gain inside information with regard to such activities may obtain a
personal or financial interest or benefit from aHOME-assisted activity, or have an
interest in any agreement, subcontract, or contract (or the proceeds thereof) with
respect to aHOME-assisted activity either for themselves or those with whom they have
family or business ties, during their tenure or for one year thereafter. The Trust shall
ensure compliance with applicable provisions under 24 CFR 92.356 and OMB Circular
A-110 in the procurement of property and services.
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SECTION 15. NONDISCRIMINATION
(A) The Trust shall ensure that no person shall on the grounds of race, color, religion,
sex, age, handicap, familial status, or national origin be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds provided under this Agreement.
(B) In addition, funds provided under this Agreement must be made available in accor-
dance with the requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. §170u) such that:
1. To the greatest extent feasible, opportunities for training and employment
arising in connection with the planning and carrying out of any Project as-
sisted with HOME funds provided under this Agreement be given to low-
income persons residing with the general local government area or metro-
politan area or non-metropolitan county in which the project is located; and
2. To the greatest extent feasible, agreements for work to be performed in
connection with any such Project be awarded to business concerns, in-
cluding, but not limited to, individuals or firms doing business in the field of
planning, consulting, design, architecture, building construction, rehabili-
tation, maintenance, or repair, which are located in or owned in substantial
part by persons residing in the same metropolitan area or non-
metropolitan county as the Project.
SECTION 16. LEGAL AUTHORITY
(A) The Trust assures and guarantees that the Trust possesses the legal authority to
enter into this Agreement, receive funds authorized by this Agreement, and to perform
the services the Trust has obligated itself to perform under this Agreement.
(B) The person or persons signing and executing this Agreement on behalf of the Trust,
or representing themselves as signing and executing this Agreement on behalf of the
Trust, do hereby warrant and guarantee that he, she, or they have been duly authorized
by the Trust to execute this Agreement on behalf of the Trust and to validly and legally
bind the Trust to all terms, performances, and provisions in this Agreement.
(C) The Trust shall not employ, award contract to, or fund any person that has been
debarred, suspended, proposed for debarment, or placed on ineligibility status by the
U.S. Department of Housing and Urban Development. In addition, the CCCIC shall
have the right to suspend or terminate this Agreement if the Trust is debarred,
suspended, proposed for debarment, or is determined to be ineligible from participating
in the HOME Program.
SECTION 17. LITIGATION AND CLAIMS
The Trust shall give the CCCIC immediate notice in writing of:
(i) any action, including any proceeding before an administrative agency
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filed against the Trust in connection with this Agreement; and
(ii) any claim against the Trust, the cost and expense of which the Trust may
be entitled to be reimbursed by the CCCIC. Except as otherwise directed
by the CCCIC, the Trust shall furnish immediately to the CCCIC copies of
all pertinent papers received by the Trust with respect to such action or
claim.
SECTION 18. CHANGES AND AMENDMENTS
(A) Except as specifically provided otherwise in this Agreement, any alterations, addi-
tions, or deletions to the terms of this Agreement must be made by amendment to this
document in writing and executed by both parties to this Agreement. Modifications
which do not change the essential scope and purpose of this Agreement may be
approved on behalf of the CCCIC by the General Manager.
(B) It is understood and agreed by the parties to this Agreement that performances
under this Agreement must be rendered in accordance with the HOME Investment
Partnership Act of 1990 (the "Act"), 42 U.S.C. §§12701 et. seq., the regulations pro-
mulgated under the Act, the assurances and certifications made to the CCCIC by the
Trust, and the assurances and certifications made to the United States Department of
Housing and Urban Development by the CCCIC with regard to the operation of the
HOME Program. Based on these considerations, and in order to ensure the legal and
effective performance of this Agreement by both parties, it is agreed by the parties that
the performances under this Agreement are amended by the provisions of the HOME
Program, and any amendments thereto and may further be amended in the following
manner: The Department of Housing and Urban Development may from time to time
during the term of this Agreement establish, interpret, or clarify performance
requirements mandated under this Agreement. The policy directives promulgated in the
form of HOME Issuances shall have the effect of modifying the terms of this Agreement
and shall be binding upon the Trust, as if written and included in this Agreement;
provided, however, that said policy directives and any amendments shall not alter the
terms of this Agreement so as to release the CCCIC of any obligation specified in
Section 6 of this Agreement to reimburse costs incurred by the Trust prior to the
effective date of the amendments or policy directives.
(C) Any alterations, additions, or deletions to the terms of this Agreement which are
required by changes in federal law or regulations are automatically incorporated into this
Agreement without written amendment and shall become effective on the date desig-
nated by the law or regulation. The CCCIC or the Trust may require written changes or
amendments to this Agreement when any substantial alterations, additions, or deletions
to the terms of this Agreement are required by changes in federal law or regulations.
(D) The Trust has provided an estimated Project Budget and Construction Schedule
based upon the proposed construction listed above, which budget and schedule will be
attached to this Agreement and made a part of this Agreement for all purposes as
Exhibit B. Ten days prior to award of any funds pursuant to this Agreement, the Trust
will provide a finalized Budget and Project Implementation Schedule, which includes a
schedule of costs of completion and a schedule of completion for the various aspects of
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construction of the Project, which will be substituted for the then existing Exhibit B and
which will become Exhibit B of this Agreement for all purposes.
SECTION 19. SUSPENSION
In the event the Trust fails to comply with any terms of this Agreement, the CCCIC may,
in accordance with 24CFR 85.43 and upon written notification to the Trust, suspend this
Agreement in whole or in part and withhold further payments to the Trust, and prohibit
The Trust from incurring additional obligations of funds under this Agreement.
SECTION 20. TERMINATION
The CCCIC may terminate this Agreement, in whole or in part, in accordance with 24
CFR 85.43 and this Section 20. The CCCIC may terminate this Agreement for con-
venience in accordance with 24 CFR 85.44. In the event the Trust materially fails, as
determined by the CCCIC, to comply with any term of this Agreement, whether stated in
a federal statute or regulation, an assurance, in a State plan or application, a notice of
award, or elsewhere, the CCCIC may take one or more of the following actions:
1. Temporary withhold cash payments pending correction of the deficiency
by the Trust or take more severe enforcement action against the Trust.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate the current award for the Trust's
Project.
4. Withhold further HOME awards from the Trust.
5. Take other remedies that may be legally available.
Additionally, this Agreement may be cancelled upon athirty-day notice of cancellation
upon mutual agreement of the parties, prior to the receipt of any portion of the funds by
the Trust.
SECTION 21. AUDIT
(A) Unless otherwise directed by the CCCIC, the Trust shall arrange for the
performance of an annual financial and compliance audit of funds received and
performances rendered under this Agreement, subject of the following conditions and
limitations:
The Trust shall have an audit made in accordance with 24 CFR 92.506,
24 CFR Part 44 or OMB Circular A-133 for any of its fiscal years included
within the Agreement period specified in Section 2 of this Agreement in which
the Trust receives more than $300,000 in federal financial assistance
provided by a federal agency in the form of grants, agreements, loans, loan
guarantees, property, cooperative agreements, interest subsidies, insurance
or direct appropriations, but federal financial assistance does not include
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direct federal cash assistance to individuals. The term includes awards of
federal financial assistance received directly from federal agencies, or
indirectly through other units of state and local government.
2. At the option of the Trust, each audit required by this section may cover either
the Trust's entire operations or each department, agency, or establishment of
the Trust which received, expended or otherwise administered federal funds.
3. Notwithstanding Section 5(a)(4), Section 5(a)(5), and Section 6 of this Agree-
ment, the Trust may utilize funds budgeted under this Agreement to pay for
that portion of the cost of such audit services properly allocable to the
activities funded by the CCCIC under this Agreement; provided, however, that
the CCCIC shall not make payment for the cost of such audit services until
the CCCIC has received such audit report from the Trust.
4. Unless otherwise specifically authorized by the CCCIC in writing, the Trust
shall submit the report of such audit to the CCCIC within thirty (30) days after
completion of the audit but no later than one (1) year after the end of each
federal fiscal period included within the period of this Agreement. Audits
performed under subsection A of this Section 21 are subject to review and
resolution by the CCCIC or its authorized representative.
5. As part of its audit, the Trust shall verify expenditures according to the Budget
and Construction Schedule attached and incorporated as Exhibit B.
(B) Notwithstanding subsection A of this Section 21, the CCCIC reserves the right to
conduct an annual financial and compliance audit of funds received and performances
rendered under this Agreement. The Trust agrees to permit the CCCIC or its authorized
representative to audit the Trust's records and to obtain any documents, materials, or
information necessary to facilitate such audit. Should an audit not be required by sub-
section A of this Section 21, the Trust shall provide an annual audit to the CCCIC of
funds received in performance of this Agreement.
(C) The Trust understands and agrees that it shall be liable to CCCIC for any costs
disallowed pursuant to financial and compliance audit(s) of funds received under this
Agreement. The Trust further understands and agrees that reimbursement to the
CCCIC of such disallowed costs shall be paid by the Trust from funds which were not
provided or otherwise made available to the Trust under this Agreement.
(D) The Trust shall take all necessary actions to facilitate the performance of such audit
or audits conducted pursuant to this Section 21 as the CCCIC may require of the Trust.
(E) All approved HOME audit reports shall be made available for public inspection
within 30 days after completion of the audit.
SECTION 22. ENVIRONMENTAL CLEARANCE REQUIREMENTS
(A) The Trust understands agrees that, by the execution of this Agreement, it shall
assume the responsibilities for environmental review, decision making, and other
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actions in accordance with and to the extent specified in 24 CFR 92.352 and 24 CFR,
Part 58.
SECTION 23. LABOR STANDARDS
All laborers and mechanics employed in the rehabilitation of a project assisted under
this Agreement that contains 12 or more dwelling units shall be paid wages at rates as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act
(40 U.S.C. §276a-5), and contracts involving their employment shall be subject to the
applicable provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C.
§§327-333). Construction contractors and subcontractors must comply with regulations
issued under these acts and with other federal laws and regulations pertaining to labor
standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
SECTION 24. SPECIAL CONDITIONS
(A) Release of Funds. The CCCIC shall not release any funds for any costs incurred
by the Trust under this Agreement until the CCCIC has received certification from the
Trust that its fiscal control and fund accounting procedures are adequate to assure the
proper disbursal of and accounting for funds provided under this Agreement. The
CCCIC shall specify the content and form of such certification.
(B) Affordability Requirements. Funds provided under this Agreement, for rehabilitation
of affordable housing at the number of units indicated, must meet the affordability
requirements of the federal HOME rules for a period of five (5)ears from the date of
completion of the rehabilitation, such date of completion presently unknown but
anticipated to be no later than December 31, 2010. Under this Agreement, a total of
thirteen (13) Project units must be designated as HOME-assisted floating units
and be utilized by the Trust at all times in full compliance with applicable federal HOME
regulations. Furthermore, at least 20% of the units renovated with funds received under
this Agreement must meet federal Section 8 Low Rent limits established by federal law,
if applicable to this Project. The Trust agrees to repay all HOME funds governed by this
Agreement if the Project fails to comply or ceases to comply with the affordability
requirements set forth in this Agreement, in the Covenant of Affordability, and by federal
law. The affordability requirements must continue to be met throughout the term of the
Agreement and are binding upon the successors, assigns, and transferees of the
Project as required by 24 CFR 92.254.
(C) Housing Quality Standards. The Trust shall ensure that all parts of the Project
assisted with funds provided under this Agreement shall meet the requirements of 24
CFR 92.251.
(D) Affirmative Marketing. If required by the CCCIC, the Trust shall adopt and submit
for the CCCIC's approval affirmative marketing procedures and requirements not later
than 30 days after the date this Agreement is executed. The affirmative marketing pro-
cedures and requirements shall include, but need not be limited to, those specified in 24
CFR 92.351. The CCCIC will assess the efforts of the Trust during marketing of the
units by use of compliance certification or personal monitoring visit to the Project at
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least annually. Where the Trust fails to follow the affirmative marketing requirements,
corrective actions shall include extensive outreach efforts to appropriate contacts to
achieve the occupancy goals or other sanctions the CCCIC may deem necessary. The
Trust must provide the CCCIC with an annual assessment of the affirmative marketing
program of the Project and its associated development. The assessment must include:
Method used to inform the public and potential tenants about federal fair
housing laws and affirmative marketing policy. The Trust's advertising vacant
units must include the equal housing opportunity logo or statement. Adver-
tising media must include newspaper, radio, television, brochures, leaflets, or
may involve simply a sign in a window. The Trust may wish to use
community organizations, places of worship, employment centers, fair
housing groups, housing counseling agencies, social service centers or
medical service centers as resources for this outreach.
2. Records describing actions taken by the Trust to affirmatively market units
and records to assess the results of these actions. The Trust must maintain a
file containing all marketing efforts (i.e., copies of newspapers ads, memos of
phone calls, copies of letters, etc.) to be available for inspection at least
annually by the CCCIC.
3. The Trust shall solicit applications for vacant units from persons in the
housing market who are least likely to apply for the rehabilitated housing
without benefit of special outreach efforts. In general, persons who are not of
the race/ethnicity of the residents of the neighborhood in which the
rehabilitated building is location shall be considered those least likely to apply.
4. The Trust shall maintain a listing of all tenants residing in each unit through
the end of the compliance period.
(F) Reversion of Assets. Upon termination of this Agreement, all funds remaining on
hand on the date of termination and all accounts receivable attributable to the use of
funds received under this Agreement revert to the CCCIC. The Trust shall return these
assets to the CCCIC within seven (7) business days after the date of termination.
(G) Enforcement of Agreement. The Trust shall execute and provide the CCCIC with a
legally enforceable Covenant of Affordability, meeting the requirements set out in the
sample Exhibit A of this Agreement, in order to enforce the affordability requirements of
subsection B of this Section 24. The Trust shall record the Covenant of Affordability,
within ten business days of the expenditure of funds under this Agreement (that are
related to the Project) in the real property records of Nueces County (where the Project
is located) and ensure the return of the original document, duly certified as to
recordation by the appropriate county official, to the CCCIC.
(H) Flood Insurance. Funds provided under this Agreement may not be used in con-
nection with acquisition or rehabilitation of a development located in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, unless the locality in which the site is located is participating in the National
Flood Insurance Program.
Page 13 of 17
(I) Displacement, Relocation, and Acquisition. The Trust must ensure that it has taken
all reasonable steps to minimize the displacement of persons (individuals, families, and
business and nonprofit organizations) as a result of a project assisted with funds pro-
vided under this Agreement. The Trust must comply with the applicable provisions of
24 CFR 92.353.
SECTION 25. INSURANCE
(A) Liability Insurance. The Trust shall have in force throughout the term of this
Agreement comprehensive general liability insurance coverage with apersonal/bodily
injury endorsement in the minimum amount of $500,000 per person/$1,000,000 per
occurrence and $100,000 for property damage arising out of each occurrence. The
comprehensive general liability shall include a Contractual Liability endorsement. The
insurance policy must name the CCCIC as an additional insured. A certificate to that
effect must be provided to the CCCIC at least ten (10) days prior to the commencement
of construction or rehabilitation of the Project, whichever is applicable.
(B) Fire and Extended Coverage. The Trust shall have in force throughout the term of
this Agreement fire and extended coverage insurance in an amount sufficient to cover
the replacement cost of the Project. The insurance policy shall name the CCCIC as
loss payees using a standard loss payee clause. A certificate to that effect must be
provided to the CCCIC at least ten (10) days prior to r to the commencement of con-
struction or rehabilitation of the Project, whichever is applicable.
(C) Notice to CCCIC. The Trust shall require its insurance policies to provide that the
General Manager of the CCCIC shall be given thirty (30) days advance written notice by
the insurer prior to cancellation, non-renewal, or material change of the insurance
policies required by this Section 25. The insurer utilized by the Trust is subject to
approval of the CCCIC. Failure to maintain such insurance will be cause for the CCCIC
to take control of the Project funds and will cancel any claim that the Trust may have to
the use of the Project or the Project funds.
(D) The Trust shall provide the CCCIC with certificates of insurance reflecting all the
stated coverages and shall, upon request of the CCCIC, promptly provide the CCCIC
with copies of all such insurance policies.
(E) Right to Re-evaluate and Adjust Limits. The CCCIC, through its General Manager
or his designee, retains the right to re-evaluate the insurance requirements and adjust
the coverage limits, up or down, upon thirty (30) days written notice to The Trust.
Insurance coverage limits may not be adjusted more frequently than once per year.
SECTION 26. ORAL AND WRITTEN AGREEMENTS
(A) All oral and written agreements between the parties to this Agreement, relating to
the subject matter of this Agreement, that were made prior to the execution of this
Agreement have been reduced to writing and are contained in this Agreement.
Page 14 of 17
(B) The attachments enumerated and denominated below are made a part of this
Agreement and constitute promised performances by the Trust in accordance with this
Agreement:
1. Exhibit A, Sample Covenant of Affordability
2. Exhibit B, Budget and Construction Schedule
3. Exhibit C, Other Applicable Laws and Regulations
4. Exhibit D, Certification Regarding Lobbying
SECTION 27. JURISDICTION AND VENUE
By agreement of the parties, the laws of the State of Texas apply to any dispute arising
under this Agreement. For purposes of litigation pursuant to this Agreement, venue lies
in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and
will be performed.
SECTION 28. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Trust shall comply with all federal, State, and local laws, statutes, ordinances, rules,
and regulations and with the orders and decrees of any court, administrative body, or
tribunal related to the activities and performances of the Trust under this Agreement.
Upon request by the CCCIC, The Trust shall furnish satisfactory proof of its compliance
with this section of the Agreement.
SECTION 29. REMEDIES
It is expressly understood and agreed by the parties to this Agreement that any right or
remedy provided for in this Section 29 or in any other provision of this Agreement will
not act to preclude the exercise of any other right or remedy provided under this
Agreement or under any provision of law, nor shall any action taken in the exercise of
any right or remedy be deemed a waiver of any other rights or remedies. Failure to
exercise any right or remedy under this Agreement does not constitute a waiver of the
right to exercise that or any other right or remedy at any time.
(EXECUTION PAGES FOLLOW)
Page 15 of 17
Executed in duplicate originals this ~ O~ day of ~ ~~~_ , 2010.
ATTEST:
Armando Chapa
Secretary
Corpus Christi Community Improvement
Corporation
~^~~/
`A a R.Escobar
eneral Manager
~~~~~
At)(TNORt~7.E~tju
dY Cf~dtYCIL ...,,,.,,J~I...J..,~.~l..L
ACKNOWLEDGMENTS S~-~~
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on the ~ day of G~---, 2010,
by `Angel R. Escobar, General Manager of the Corpus Christi Community Improvement
Corporation, on behalf of the corporation.
' MY~~(;4iTON ES
'"° NOTARY PU LIC, Sta of Texas
~y der 24, 2012
(EXECUTION PAGE CONTINUES)
Page 16 of 17
SUBRECIPIENT: CLIFF MAUS VILLAGE TRUST
n S. Warren
hairman
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF NUECES §
Date
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on the ~ day of 4 f ~ , 2010,
by John S. Warren, Chairman of Cliff Maus Village Trust, a nonprofit charitable trust, on
behalf of the trust.
~``1~pYP~B4~ LAURISA LYNN BAKLfK
°~' °: Notary Public, State of T
- ' ° - exas
;~~ +~~c My Commission Expir
''~~~6F;;~`` Maroh 09 es
soy r
Page 17 of 17
EXHIBIT A
COVENANT TO BIND PROPERTY FOR PERIOD OF AFFORDABILITY
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Pursuant to an agreement entered into between the Corpus Christi Community
Improvement Corporation ("CCCIC") and the Cliff Maus Village Trust ("Trust"), executed
by the Trust on the date shown below, which agreement is incorporated in this
instrument by reference ("Agreement"), the Trust accepted federal funds, in conjunction
with the United States Department of Housing and Urban Development's Home
Investment Partnership Program ("HOME Program") administered by the CCCIC, for
rehabilitation of the following property:
Lot 1, Cliff Maus Village, as shown by the map or plat thereof
recorded in the Map Records of Nueces County, Texas, and
commonly known by its street address of 1458 West Point
Road, located in Corpus Christi, Nueces County, Texas
(hereinafter referred to as the "Property").
Pursuant to the terms, conditions, and covenants contained within the
Agreement, as owner of the Property and in consideration of receiving HOME Program
funds, the Trust agrees to bind the Property with the affordability requirements specified
in Title 24, Part 92.252, of the United States Code of Federal Regulations, for a period
of not less than five (5) years from the date of completion of the rehabilitation of the
Property, such date of completion presently unknown but anticipated to be on or about
December 31, 2010.
This instrument constitutes a covenant running with the land and binds all
successors, assigns, and transferees of the Property, such Property being subject to
this instrument.
(EXECUTION PAGE FOLLOWS)
CLIFF MAUS VILLAGE TRUST, a charitable trust
Signature
Title:
Date:
STATE OF TEXAS §
COUNTY OF NUECES §
Subscribed to and sworn before me this day of , 2010,
by , as the
(title) of Cliff Maus Village Trust, a charitable trust organized under the laws of the State
of Texas, on behalf of the Trust.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
ATTN: Administrator, Community Development Office
Corpus Christi Community Improvement Corporation
P. O. Box 9277
Corpus Christi, Texas 78469-9277
Preliminary Budget & Construction Schedule
FY and Funding: FY2009 /HOME
Project Name: Cliff Maus Village Apartments
Organization: Cliff Maus Villa eg Trust
Total Project Cost: $110,000.00 HOME award: $110,000.00
Preliminary Budget
Project Financial Resources: (list may be adjusted to meet your project)
(Funds available to complete project) AmouIIt
• Private Funding Source ..................................................................... $NA
• FY 2009 HOME Funding .................................................................. $110,000.00
• Other: (Specify) ..................................................................... $NA
Total Funds Available for Proiect .........................................................$110,000.00
Estimated Expenses: (list may be adjusted to meet your project)
(List estimated expenses to complete your project) such as: Amount
EXHIBIT
•
• Land Acquisition ........................................ ..... $NA
• Advertising, Printing, Etc .................................................................. $700.00
• A/E Professional Fees ......................................................................:. $NA
• Construction Cost ..............................................................................$82,595.00
• Construction related Contingencies ....................................................$10,000
• Other :....................................................................................... $16,705 (owner furnished/installed
kitchen ranges, refrigerators and water heaters)
• Professional Fees, legal, organization, & third party costs......... $NA
Total Proiect Cost ......................................................................... $110,000.00
(Funds needed for the project)
NOTE: The "total funds available for the nroiect," shall be equal to the "total nroiect cost."
Preliminary Construction Schedule
(Project Dates for completion of key project phases)
Projected Dates
• Land Acquisition ...................................................................... NA
• Platting/Soil Testing (other) ...................................................... NA
• Procurement of Architect/Engineer(A/E) services ..................... NA
• Design/Bid Documents (specification packet)completed ......... JANUARY 2010
• Advertisement dates: MUST BE: 1 for 2 ....................... FEBRUARY 2010
1 for 2 = at least one day for two consecutive weeks: (example -two consecutive Sundays)
• Bid opening/award construction contract ...........................MARCH 2010
• Pre-construction Meeting ............. .....................APRIL 2010
• Construction Start ......................................................MAY 2010
• Construction 100% completion ................................................. DECEMBER 2010
Apartment remodel
Scope of work
EXHIBIT
1. Remove any mildewed sheetrock and insulation in the affected walls, treat the wall
cavity with mildew treatment and let dry before replacing materials. Insulation in
exterior walls will be R-13.
2. Patch any damaged sheetrock,and refinish before new paint is applied.
3. Replace any damaged floor tile..
4. Replace all exterior doors and hardware. -
5. Replace kitchen and bath counter tops as needed.
6. Replace all kitchen vent hoods.
7. Replace kitchen and bath faucets and trim as needed.
8. Refinish bathtubs with tub and the refinish material.
9. Repaint all walls, ceilings,kitchen cabinets, doors and trim with 1 coat of primer and
2 coats of interior latex.
10. Replace interior prehung door units as needed.
11. Remove and dispose of any old appliances and water heaters.
12. Replace all bathroom vent fans and heaters.
13. Replace all light fixtures. -
14. Replace all electrical receptacles anal cover plates.
15. Remove ceramic the and damaged sheetrock and replace with new where needed.
16. Replace any damaged toilets.
17. Replace all toilet seats.
18. Replace bathroom medicine cabinets as needed.
19. Test all electrical and plumbing to assure proper functioning.
20. Thoroughly clean each unit before final inspection.
A survey of each apartment will be provided outlining the required work to be done in
each unit.
~ l ~o , ~.,~ ~ i ne v~l a~.evr~~" ~(-~v~-Clo~ l,~.hi-f~ .
EXHIBIT C
OTHER FEDERAL REQUIREMENTS
The Trust shall comply with all federal, state, and local laws and regulations
applicable to the activities and performances rendered by the Trust under this Agreement
including, but not limited to, the laws and the regulations specified in Section I through
VI of this Exhibit D.
I. CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Cornp.,
p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued
at 24 CFR Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063."
The failure or refusal of Charlie's Place to comply with the requirements of Executive
Order 11063 or 24 CFR Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 CFR 107.60;
The prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975(42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and
the prohibitions against discrimination against handicapped individuals under section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24
CFR Part 8;
The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter
60;
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to
encourage the use of minority and women's business enterprises in connection with
HOME funded activities. Charlie's Place must prescribe procedures acceptable to the
CCCIC to establish activities to ensure the inclusion, to the maximum extent possible, of
minorities and women, and entities owned by minorities and women. Charlie's Place will
be required to identify contracts which have been bid by minority owned, women owned,
and by small disadvantaged businesses;
EXHIBIT C
Page 2 of 3
The Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination
Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing
and Urban Development", at 24 CFR Part 8. By signing this Agreement, Charlie's Place
understands and agrees that the activities funded herein shall be operated in accordance with 24
CFR Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 et. seq.),
including the use of a telecommunications device for deaf persons (TDDs) or equally
effective communication system.
II. LEAD-BASED PAINT
Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831).
III. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 CFR
Parts 1500-1508;
The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended;
particularly Section 106(16 U.S.C. Sec. 470f);
Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971(36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3
(16 U.S.C. Sec. 469a-1), as amended by the Archeological and Historic Preservation Act
of 1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended,
particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a));
Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951),
particularly Section 2(a);
EXHIBIT C
Page 3 of 3
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961),
particularly Sections 2 and 5;
The Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) as amended,
particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d));
The Safe Drinking Water Act of 1974 (42 U.S.C. Sec. 201.300(f) et seq.) and (21 U.S.C.
Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303(e));
The Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. Sec. 1536);
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. Sec. 1271 et seq.) as amended,
particularly Sections 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Sections 176(c)
and (d) (42 U.S.C. Sec. 7506(c) and (d)):
Farmlands Protection and Policy Act of 1981 (7 U.S.C. Sec. 4201 et seq.); and
24 CFR Part 51, Environmental Criteria arid Standards.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR Section 570.496a (SS Fed.
Reg. 29309 (July 18, 1990)).
~ 6 ~
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned
principal and entity 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,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an 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 Report 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 imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
3 -11- /o
re
J
Print Name of Authorized Individual
Date
G1--1 FF y~tAt~' //G1..J9~~ 7~f/S>
Organization Name ,