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08-E TCDP Grant AwardDRAFT LISAkRESOLUTIONS\CURRENT\TCDP Award 2001 June 27, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE HOUSING REHABILITATION FUND PROGRAM GRANT FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AUTHORIZING THE EXECUTION OF THE CONTRACT FOR COMMUNITY DEVELOPMENT PROGRAMS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of June, 2000, in Resolution No. 2000-074, authorize a Texas Community Development Program (TCDP) application to the Texas Department of Housing and Community Affairs (TDHCA) for a Housing Rehabilitation Fund Program Grant; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of June, 2000, in Resolution No. 2000-075, accept the Response to Request for Proposal for the Texas Community Development Program Grant Management Services from R.I.M. Enterprises and authorize the City Manager to execute the Contract for Administrative Services with R.I.M. Enterprises, Inc. upon approval of the grant application; and, WHEREAS, the Texas Department of Housing and Community Affairs has issued its grant award for the 2001 Community Development Housing Rehabilitation Fund, TCDP Contract No. 721048, for the period beginning May 8, 2001, and ending May 7, 2003, in the total amount of $250,000.00, requiring the City of Paris to provide $54,000.00 from the Housing Fund to pay the costs of construction and administration necessary to complete this project; and, WHEREAS, it is deemed to be in the best interests of the citizens of Paris that the City of Paris accept said grant award and continue to develop a viable urban community, including housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and, WHEREAS, the form of TCDP Contract No. 721048, attached hereto as Exhibit A, should in all things be approved and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the grant award for the 2001 Community Development Housing Rehabilitation Fund by the Texas Department of Housing and Community Affairs, TCDP Contract No. 721048, for the period beginning May 8, 2001, and ending May 7, 2003, in the total amount of $250,000.00, requiring the City of Paris to provide $54,000.00 from the Housing Fund to pay the costs of construction and administration necessary to complete this project, be, and the same is hereby, accepted. Section 3. That the form of TCDP Contract No. 721048, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, TCDP Contract No. 721048, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 9th day of July, 2001. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS CONTRACT FOR COMMUNITY DEVELOPMENT PROGRAMS STATE OF TEXAS ] COUNTY OF TRAVIS ] SECTION 1 PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and the City of Paris, hereinafter referred to as "Contractor". The par~ies hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on May 8, 2001, and shall terminate on May 7, 2003, unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Department, a community development program, hereinafter sometimes referred to as CDBG, in a non-entitlement area under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Sec. 5301 et seq.), hereinafter referred to as the Act. Contractor shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Project Implementation Schedule, hereinafter referred to as Exhibit C; the Applicable Laws and Regulations, hereinafter referred to as Exhibit D; the Certifications, hereinafter referred to as Exhibit E; the assurances, certifications, and all other statements made by Contractor in its application for the project funded under this contract; and with all other terms, provisions, and requirements set forth in this contract. SECTION 4. DEPARTMENT OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, Department shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that Department's obligations under this Section 4 are contingent upon the actual receipt of adequate state or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to make payments under this contract, Department shall notify Contractor in writing within a reasonable time after such fact is determined. Department shall terminate this contract and will not be liable for failure to make payments to Contractor under this contract. Page 1 of 12 F_ (.HIBIT A 2. Department shall not be liable to Contractor for any costs incurred by Contractor, or any portion thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than Department or Contractor. 3. Department shall not be liable to Contractor for any costs incurred by Contractor which are not allowable costs, as set forth in Section 6 (A) of this contract. 4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract. 5. Department shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been billed to Department by Contractor within sixty (60) days following termination of this contract unless otherwise provided for in the Certificate of Expenditures referred to in Section 8 (C) of this contract. 6. Department shall not be liable for costs incurred or performances rendered by Contractor before commencement of this contract or after termination of this contract, except as may be specifically set forth in Exhibit B, Budget, of this contract. 7. Department shall not be liable for costs incurred and reserved on the Certificate of Expenditures if such costs are not billed to Department within ninety days after the contract's termination date. Audit funds reserved on the Certificate of Expenditures eligible for reimbursement under the provisions of Section 19 of this contract shall be billed to the Department within twelve months after the end of Contractor's fiscal year that follows the termination date of this contract. Department shall deobligate all reserved funds not requested under this subsection. B. Excess Payments Contractor shall refund to Department any sum of money which has been paid to Contractor by Department, which Department determines has resulted in overpayment to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract. Such refund shall be made by Contractor to Department within thirty (30) working days after such refund is requested by Department. C. Limit of Liability Notwithstanding any other provision of this contract, the total of all payments and other obligations incurred by Department under this contract shall not exceed the sum of Two Hundred Fifty Thousand and No/100 Dollars ($250,000). SECTION 5. METHOD OF PAYMENT A. Contractor shall submit to Department at its offices in Travis County, Texas, a properly completed Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually needed. Department shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until Department has reviewed and approved such Request. B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective operation of programs under this contract, and shall be timed as closely as possible to be in accord with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between the transfer of funds from Department to Contractor and shall ensure that such funds are disbursed as soon as administratively possible. Page 2 of 12 C. Notwithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's full and satisfactory performance of its obligations under this contract. D. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract 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 hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND PROGRAM INCOME A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with the Regulations and, for matters not addressed therein, with 24 C.F.R. Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" (hereinafter referred to as the "Common Rule") as modified by the rules promulgated by the Office of the Governor under the Uniform Grant and Contract Management Act (TEX. GOV'T. CODE ANN. Chapter 783; hereinafter referred to as "UGCMS."), in performing this contract. The allowability of costs incurred for performances rendered hereunder shall be determined in accordance with OMB Circular A-87, as supplemented by UGCMS and this contract. B. Contractor shall comply with the requirements set forth in Section 570.489(e) of the Regulations to account for program income related to activities financed in whole or in part with funds provided under this contract. 1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income in the same manner as required for all other funds under this contract, and Contractor shall provide reports of program income to Department with each form submitted by Contractor in accordance with Section 5 of this contract, and at the termination of this contract. 2. Program income earned by Contractor during the period of this contract shall be retained by Contractor and utilized by Contractor to fund performances specified in this contract, in the manner specified hereunder, prior to requesting additional funds from Department. 3. At least sixty (60) days prior to the termination of this contract, Contractor shall submit a plan to Department for its approval which specifies the manner in which Contractor proposes to use any unexpended program income earned under this contract to continue the performance specified in this contract in the manner specified hereunder. Any program income earned by the Contractor from this contract, prior to the establishment and approval of a Revolving Loan Fund plan by Contractor must be returned to Department. In the event Department does not approve the plan submitted by Contractor, Contractor shall return such program income to Department within thirty (30) working days after receipt of Department's notification of disapproval. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this contract. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this contract. Contractor shall retain such records, and any supporting documentation, for the greater of three years from closeout of this contract or the period required by other applicable laws and regulations as described in the Regulations. Page 3 of 12 B. Contractor shall give the United States Department of Housing and Urban Development, the Inspector General, the General Accounting Office, the Auditor of the State of Texas, and Department, or any of their duly authorized representatives, access to and the right to examine ali books, accounts, records, repods, flies, and other papers, things, or property belonging to or in use by Contractor pertaining to this contract. Such rights to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Law. C. Contractor shall include the substance of this Section 7 in all subcontracts. SECTION 8. REPORTING REQUIREMENTS A. Contractor shall submit to Department such reports on the operation and performance of this contract as may be required by Department including but not limited to the reports specified in this Section 8. B. Contractor shall submit to Department no later than the twentieth (20th) day of the month after the end of each calendar quarter of the contract period specified in Section 2, a Quarterly Pro¢lress Report of the progress, in narrative form, of all construction and nonconstruction activities by budget categories performed pursuant to Exhibit A, Performance Statement, and of the expenditures and obligations of funds by budget category made pursuant to Exhibit B, Budget, of this contract. The Quarterly Progress Report shall be in a format prescribed by Department and shall include all such activities, expenditures, and obligations made or performed under this contract during the previous quarter. C. Contractor shall submit a Certificate of Expenditures to Department no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities as determined by Department. The Cedificate of Expenditures shall be in a format prescribed by Department and shall include a final Project Completion Report of all activities performed under this contract. D. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. SECTION 9. MONITORING Department reserves the right to perform periodic on-site monitoring of Contractor's compliance with the terms and conditions of this contract, and of the adequacy and timeliness of Contractor's performances under this contract. After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings. If the monitoring reports notes deficiencies in Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely correction of such deficiencies by Contractor. Failure by Contractor to take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that Department is contracting with Contractor as an Independent Contractor, and that Contractor, as such, agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of Page 4 of 12 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 Contractor under this contract. SECTION 11. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, Contractor may subcontract for performances described in this contract without obtaining Department's prior written approval. Contractor shall only subcontract for performances described in this contract to which the federal labor standards requirements apply after Contractor has submitted a Subcontractor Eligibility form, as specified by Department, for each such proposed subcontract, and Contractor has obtained Department's prior written approval, based on the information submitted, of Contractor's intent to enter into such proposed subcontract. Contractor, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Contractor's subcontractor(s). B. In no event shall any provision of this Section 11, specifically the requirement that Contractor obtain Department's prior written approval of a subcontractor's eligibility, be construed as relieving Contractor 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 contract, as if such performances rendered were rendered by Contractor. Department's approval under Section 11 does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance hereunder. Department maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. C. Contractor shall comply with Section 85.36 of the Common Rule, this contract and all applicable federal, state and local laws, regulations, and ordinances for making procurements under this contract. D. Department shall maintain an escrow retainage in the amount of five percent (5%) of each construction or rehabilitation subcontract entered into by Contractor until Department determines that the Federal labor standards requirements applicable to each such subcontract have been satisfied. SECTION 12. CONFLICT OF INTEREST A. Contractor shall ensure that no employee, officer, or agent of Contractor shall participate in the selection, or in the award or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: 1) The employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or, 4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Contractor shall comply with Chapter 171, Local Government Code. B. In all cases not governed by Subsection (A) of this Section, no persons specified in subsection (C) of this Section who exercise or have exercised any functions or responsibilities with respect to the activities assisted under this contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. Page 5 of 12 C. The conflict of interest provisions of Subsection (B) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Contractor or of a subcontractor of Contractor. D. Contractor shall include the substance of this section in all subcontracts. SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. Contractor shall ensure that no person shall on the ground of race, color, national origin, religion, sex, age, or handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or be denied access to any program or activity funded in whole or in part with funds made available under this contract. B. None of the performances rendered by Contractor under this contract shall involve, and no portion of the funds received by Contractor under this contract, shall be used in support of any sectarian or religious activity, nor shall any facilities used in the performance of this contract be used for sectarian instruction or as a place of religious worship. Contractor shall comply with regulations promulgated by the U.S. Department of Housing and Urban Development at 24 C.F.R. Sec. 570.200(j). SECTION 14. LEGAL AUTHORITY A. Contractor assures and guarantees that Contractor possesses the legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Contractor has obligated itself to perform hereunder. B. The person or persons signing and executing this contract on behalf of Contractor, or representing themselves as signing and executing this contract on behalf of Contractor, do hereby warrant and guarantee that he, she or they have been duly authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all terms, performances, and provisions herein set forth. C. Department shall have the right to suspend or terminate this contract if there is a dispute as to the legal authority of either Contractor or the person signing this contract to enter into this contract or to render performances hereunder. Contractor is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has suspended or terminated this contract for reasons enumerated in this Section 14. SECTION 15. LITIGATION AND CLAIMS Contractor shall give Department immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Contractor arising out the performance of any subcontract hereunder; and 2) any claim against Contractor, the cost and expense of which Contractor may be entitled to be reimbursed by Department. Except as otherwise directed by Department, Contractor shall furnish immediately to Department copies of all pertinent papers received by Contractor with respect to such action or claim. SECTION 16. CHANGESANDAMENDMENTS A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the Regulations, the assurances and certifications made to Department by Contractor, and the assurances and certifications made to the United States Page 6 of 12 Department of Housing and Urban Development by the State of Texas with regard to the operation of the Texas Community Development Program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the per[ormances under this contract are amended by the provisions of the TCDP Proiect Implementation Manual and any amendments thereto :and may further be amended in the following manner: Department may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the Director of the TCDP in the form of TCDP issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Contractor, as if written herein, provided however that said policy directives and any amendments to said Manual shall not alter the terms of this contract so as to release Department of any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to the effective date of said amendments or policy directives. C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or state law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. D. Notwithstanding Subsection A of this Section 16, Contractor may make transfers of funds between or among budget categories of Exhibit B, Budget, without requiring an amendment to this contract, or otherwise requiring Department's prior written approval provided that: 1. The cumulative dollar amount of all transfers among direct budget categories is equal to or less than five percent (5%) of the total amount of this contract as specified in Section 4 (C) herein; 2. The transfer will not change the scope or objective of the proiects funded under this contract; and 3. Contractor submits a budget revision report to Department, on a form specified by Department, simultaneously with the submission of Contractor's first request for payment following any such transfers made in accordance with this Subsection D. SECTION 17. SUSPENSION Notwithstanding the provisions of TEX. GOV'T. CODE ANN. Chapter 2251, in the event Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this contract in whole or in part and withhold further payments to Contractor, and prohibit Contractor from incurring additional obligations of funds under this contract. SECTION 18. TERMINATION A. Department shall have the right to terminate this contract, in whole or in part, at any time before the date of completion specified in Section 2 of this contract whenever Department determines that Contractor has failed to comply with any term of this contract. Department shall notify Contractor in writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this contract shall have the right to terminate this contract, in whole or in part, when beth parties agree that the continuation of the activities funded under this contract would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. Page 7 of 12 C. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the part of this contract to be terminated, and shall cease to incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, Contractor shall not be relieved of any liability to Department for damages due to Depadment by virtue of any breach of this contract by Contractor. Department may withhold payments to Contractor until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. Contractor shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. Contractors expending $300,000 or more in Federal financial assistance for any fiscal year ending on or after June 30, 1997, shall have an audit made in accordance with Department's supplemental audit guide, the Single Audit Act Amendments of 1996, 31 U.S.C. 7507, and OMB Circular No. 133 - Revised June 30, 1997, "Audits of States, Local Governments, and Non-Profit Organizations." For purposes of this Section 19, "Federal financial assistance" means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include 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. Notwithstanding Section 4(a)(5) and Section 4(a)(6), Contractor shall utilize funds budgeted under this contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this contract, provided however that Department shall not make payment for the cost of such audit services until Department has received a satisfactory audit report, as determined by Department, from Contractor; 3. Contractor shall submit two (2) copies of the report of such audit to Department within thirty (30) days after the completion of the audit, but no later than nine (9) months after the end of the audit period. However, for fiscal years beginning on or before June 30, 1998, the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report or 13 months after the end of the audit period. Contractor shall ensure that the audit report is made available for public inspection within thirty (30) days after completion of the audit. Audits performed under Subsection A of this Section 19 are subject to review and resolution by Department or its authorized representative; B. Notwithstanding Subsection A of this Section 19, Department reserves the right to conduct an annual financial and compliance review of funds received and performances rendered under this contract. Contractor agrees to permit Department or its authorized representative to audit Contractor's records and to obtain any documents, materials, or information necessary to facilitate such review. C. Contractor understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. Contractor further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Contractor from funds which were not provided or otherwise made available to Contractor under this contract. Page 8 of 12 D. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as Department may require of Contractor. E. Contractor shall procure;audit services through an open, competitive process at least once every four years. The auditor shall retain working papers and reports for a minimum of three years after the date of issuance of the auditor's report to the auditee. Audit working papers shall be made available upon request to Department at the completion of the audit, as a part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this part. Access to working papers includes the right to obtain copies of working papers, as is reasonable and necessary. SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to Department under Section 5304(f) of the Act, in accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 58.77(b) of such regulations, Contractor further understands and agrees that Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. B. Funds provided under this contract may be obligated and expended before the actions specified in this Section occur only for the following eligible activities: 1. The payment of reasonable planning and administrative costs related to the project; 2. Environmental studies, including environmental clearance activities required by this Section; and 3. The payment or reimbursement of reasonable project engineering and design costs incurred for this project. C. Contractor shall complete a wdtten Finding of Categorical Exclusion, as applicable under 24 C.F.R. Section 58.35 (a), which cites the subsection of Section 58.35 (a) by which the activities or projects funded under this contract are categorically excluded from the National Environmental Policy Act requirements of 24 C.F.R. Part 58. Contractor shall then publish a Notice of Intent to Request Release of Funds (NOI/RROF) in the manner prescribed in 24 C.F.R. Section 58.43. Contractor shall provide the public with at least seven (7) calendar days to comment on the Notice following its publication date. Finally, Contractor shall concurrently submit to Department the following documents: 1. a Request for Release of Funds form; 2. the written Finding of Categorical Exclusion described above; and 3, a Publisher's Affidavit for the Notice of Intent to Request Release of Funds notice. Upon receipt of such documents, Depar[ment must allow a fifteen (15) calendar days comments period to expire before it can formally release any project funds which are subject to the environmental review regulations. Contractor must comply with all other applicable environmental requirements as specified in Exhibit D of this contract. Contractor shall document its compliance with such other requirements in its environmental review file. Page 9 of 12 SECTION 21. CITIZEN PARTICIPATION REQUIREMENTS A. Contractor shall provide for and encourage citizen participation, particularly by Iow and moderate income persons who reside in slum or blighted areas and areas in which the funds provided under this contract are used, in accordance with Section 570.486 of the Regulations and this contract; B. Contract shall hold a public hearing concerning any activities proposed to be added, deleted, or substantially changes, as determined by the Department, from the activities specified in Exhibit A, Performance Statement, of this contract; C. Prior to the termination of this contract, Contractor shall hold a public hearing to review its performance under this contract; D. For each public hearing scheduled and conducted by Contractor under this section, Contractor shall comply with the following requirements: 1. Notice of each hearing shall be published in the non-legal section of a newspaper having general circulation in Contractor's jurisdiction at least seventy-two (72) hours prior to each scheduled hearing. The published notice shall include the date, time, and location of each hearing and the topics to be considered at each hearing. The published notice shall be printed in both English and Spanish, if appropriate. Depadment shall accept articles published in such newspapers which satisfy the content and timing requirements of this subsection. In addition, Contractor shall prominently post such notices in public buildings and distributed to interested community groups. 2. If any substantial changes are being requested concerning the activities included in this contract, the public hearings shall be held after 5 p.m. on a weekday or on a Saturday or Sunday. The hearings must be conducted at a location convenient to potential or actual beneficiaries, with accommodation for the handicapped. 3. When a significant number of non-English speaking residents can reasonably be expected to participate in a public hearing, Contractor shall provide an interpreter to accommodate the needs of the non-English speaking residents. E. Notwithstanding the provisions of Section 7 of this contract, Contractor shall retain documentation of the public hearing notices, a list of the attendees at each hearing, and minutes of each hearing held in accordance with this section for a period of three (3) years after the termination of this contract. Contractor shall make such records available to the public in accordance with TEX. GOV'T. CODE ANN. Chapter 552. F. Complaint Procedures. Contractor shall maintain written citizen complaint procedures that provide a timely written response to complaints and grievances. Such procedures shall comply with the requirements of the Texas Community Development Program Complaint System, 10 TAC Sec. 1.11 - 1.13. Contractor shall ensure that its citizens are aware of the location and hours at which they may obtain a copy of the written procedures and the address and phone number for submitting complaints. SECTION 22. SPECIAL CONDITIONS A. Department shall not release any funds for any costs incurred by Contractor under this contract until Department has received a copy of Contractor's previous fiscal year audit report or certification from Contractor that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this contract. Department shall specify the content and form of such certification. Page 10 of 12 B. Department shall not be liable to Contractor for any costs incurred by Contractor under this contract until Department receives a properly completed Depository/Authorized Signators Form, as specified by Department, from Contractor. C. Contractor shall not advertise or solicit bids for construction or re ,habilitation of a project assisted with funds provided under this contract until Contractor has received the applicable prevailing wage rates from Department. D. In accordance with Section 18 of this contract, this contract shall terminate six (6) months after the commencement date specified in Section 2 unless activities funded under this contract have begun by such date. E. Contractor shall provide a copy of its proposed housing rehabilitation assistance program guidelines for Department review and approval prior to the selection of program recipients and prior to Department's release of funds for such activities. Contractor's housing rehabilitation assistance program guidelines must include provisions for compliance with Section 31 of the Federal Fire Prevention and Control Act of 1974 (which requires that any housing unit rehabilitated with Department funds be protected by a hard-wired or battery-operated smoke detector) and provisions for compliance with the Texas Community Development Program Policy And Procedures For Hazard Identification, Notification And Abatement Of Lead-Based Paint (which establishes a policy to eliminate as far as practicable the hazards of lead poisoning due to the presence of lead-based paint in any housing unit rehabilitated with Department funds). SECTION 23. DEBARMENT By signing this contract, Contractor certifies that it will not award any funds provided under this contract to any party which is debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 24 CFR Part 24. Contractor shall receive the certification provided by the Department from each proposed subcontractor under this contract and its principals. SECTION 24. POLITICAL AID AND LEGISLATIVE INFLUENCE PROHIBITED A. None of the funds provided under this contract shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition shall not be construed to prevent any official or employee of Contractor from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citizen information in the hands of the employee or official not considered under law to be confidential information. Any action taken against an employee or official for supplying such information shall subject the person initiating the action to immediate dismissal from employment. B. No funds provided under this contract may be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, or judicial branches of government of Contractor, the State of Texas, or the government of the United States. SECTION 25. ORAL AND WRI'FrEN AGREEMENTS A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract, Page 11 of 12 B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by Contractor in accordance with Section 3 of this contract: 1, Exhibit A, Performance Statement, 1 Page 2. Exhibit B, Budget, 2 Pages z 3. Exhibit C, Project Implementation Schedule, 1 Page 4. Exhibit D, Applicable Laws and Regulations, 3 Pages 5. Exhibit E, Certifications, 2 Pages SECTION 26. VENUE For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas. WITNESS OUR HANDS EFFECTIVE May 8, 2001. Michael Pfiester, Mayor City of Paris Approved and accepted on behalf of the Texas Department of Housing and Community Affairs. Daisy A. Stiner, Executive Director Texas Department of Housing and Community Affairs This contract is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by the Executive Director's authorized designee. Page 12 of 12 EXHIBIT A PERFORMANCE STATEMENT City of Paris Contractor shall carry out the following activities in the target area identified in its 2001 Community Development Housing Rehabilitation Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Rehabilitation of Private Property Contractor shall utilize a five-year forgivable loan program to operate a homeowner-occupied housing rehabilitation assistance program compliant with Section 8 Housing Quality Standards. Contractor shall rehabilitate a minimum of twelve (12) homes at an average cost of $23,667 per unit and shall give priority to the elderly with approximately six (6) units designated for disabled persons and make the hemes fully accessible. Contractor shall prepare written housing rehabilitation assistance guidelines as required in Section 22. E of this contract and shall ensure that each housing unit is brought up to HUD Section 8 Existing Housing Quality Standards. These standards shall also be unutilized to determine the level of assistance provided to each rehabilitated unit. In addition, Contractor shall submit the first three (3) work write-ups to the Department for review and approval before any bids can be advertised. These activities shall benefit twenty-six (26) persons, of which twenty-six (26) or one hundred percent (100%) are of Iow to moderate income. En.q neerJn.q Contractor shall ensure that the amount of Department funds expended for ail eligible project-related engineering services, including preliminary and final design plans and specifications, all interim and final inspections, and all special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project-related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. Page 1 of I LINE CATEGORIES la. Water Facilities lb. Sewer Facilities 2. Solid Waste Disposal Facilities 3, Other Public Utilities (Gas) 4. Street Improvements 5. Flood and Drainage Facilities 6. Neighborhood Facilities/ Community Centers 7. Senior Centers 8. Centers for the Handicapped/ Sheltered Workshops 9. Parks, Playgrounds, and Other Recreational Facilities 10, Fire Protection Facilities and Equipment 11. Parking Facilities 12. Pedestrian Malls and Walkways 13. Specially Authorized Assistance to Privately Owned Utilities 14. Specially Authorized Public Facilities and Improvements 15. Public Services (LIMITED TO 15% OF REQUEST) 16. Interim Assistance EXHIBIT B BUDGET City of Paris CONTRACT FUNDS. $ $ $ $ $ $ $ $ $ $ OTHER FUNDS $ $ TOTAL $ $ $ $ $ Page I of 2 LINE CATEGORIES 17. Rehabilitation of Pdvate Properties (Housing) 17a. Rehabilitation of Private Properties 0Nater Service) 17b. Rehabilitation of Private Properties (Sewer Service) 18. Rehabilitation of Public Residential Structures 19. Public Housing Modernization 20. Clearance Demolition Activities 21. Historic Preservation 22. Removal of Architectural Barriers 23. Code Enforcement 24. Acquisition 25. Relocation Payments & Assistance 26. Economic Development Loan 27. Economic Devel. Interest Subsidy 28. Economic Devel. Loan Guarantee 29. SpecialActivities by Local Devel Corporations, Etc. 30. Engineering/Architectural Serv. (Total for all construction accounts) 31. Planning & Urban Env. Design (NOT TO EXCEED 16%) 32. General Administration TOTALS CONTRACT · FUNDS 250,000 -0- 250,000 OTHER FUNDS $ 34,000 20,000 54,000 TOTAL $ 284,000 20,000 304,000 Page 2 of 2 .m o~ o EXHIBIT D THE APPLICABLE LAWS AND REGULATIONS Contractor shall comply with the Act and Regulations specified in Section 3 of this contract and with the OMB Circular and federal regulations specified in Section 6 of this contract; Cash Management Improvement Act regulations (31 C.F.R. Part 205); and with ail other federal, state, and local laws and regulations applicable to the activities and performances rendered by Contractor under this contract including but not limited to the laws, and the regulations promulgated thereunder specified in Section I through VI of this Exhibit D. I. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. Section 2000d et.seq.); 24 C.F.R. Part I, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964"; Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. Sec 3601 et seq.), as amended; Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063". The failure or refusal of Contractor to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794.) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 C.F.R. Part 8. By signing this contract, Contractor understands and agrees that the activities funded herein shall be operated in accordance with 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. II. LABOR STANDARDS The Davis-Bacon Act, as amended (40 U.S.C. Secs. 276a - 276a-5); The Contract Work Hours & Safety Standards Act (40 U.S.C. 327 et.seq.); The Copeland "Anti-Kickback" Act (18 U.S.C. Sec. 874). Ill. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701u). IV. LEAD-BASED PAINT Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831(b)) and the procedures established by Department thereunder. Page 1 of 3 V. ENVIRONMENTAL LAW AND AUTHORITIES Environmental Review Procedures for Recipients assuming HUD Environmental Responsibilities, 24 CFR Part 58, as amended. , In accordance with the provisions of law cited in §58.1(b), the responsible entity must assume the environmental responsibilities for projects under programs cited in §58.1 (b), and in doing so must comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental Quality regulations contained in 40 CFR parts 1500 through 1508. This includes responsibility for compliance with the applicable provisions and requirements of the Federal laws and authorities specified in §58.5 [below]. The responsible entity must certify that it has complied with the requirements that would apply to HUD under these laws and authorities and must consider the criteria, standards, policies and regulations of these laws and authorities. (a) Historic Properties (1) The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 et. seq.), particularly sections 106 and 110 (16 U.S.C. 470 and 470h-2), except as provided in §58.17 for Section 17 projects. (2) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921), 3 CFR 1971-1975 Comp., p. 559, particularly section 2(c). (3) Federal historic preservation regulations as follows: (i) 36 CFR part 800 with respect to HUD programs other than Urban Development Action Grants (UDAG) and (ii) 36 CFR part 801 with respect to UDAG. (4) The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et. seq.), particularly section 3 (16 U.S.C. 469a-1). (b) Floodplain management and wetland protection (1) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 1977 Comp., p. 117, as interpreted in HUD regulations at 24 CFR part 55, particularly section 2(a) of the order (For an explanation of the relationship between the decision-making process in 24 CFR part 55 and this part, see §55.10 of this subtitle A.) (2) Executive Order 11990, Protection of Wetlands, May 24,1977 (42 FR 26961), 3 CFR, 1977 Comp., p. 121 particularly sections 2 and 5. (c) Coastal Zone Management (1) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.), as amended, particularly sections 307(c) and (d) (16 U.S.C. 1456(c) and (d)). (d) Sole source aquifers (1) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(0 et. seq., and 21 U.S.C. 349) as amended; particularly section 1424(e)(42 U.S.C. 300h-3(e). (2) Sole Source Aquifers (Environmental Protection Agency-40 CFR part 149.) Page 2 of 3 (e) Endangered species (1) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as amended, particularly section 7 ~ (16 U.S.C. 1536) (0 Wild and scenic rivers (1) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et. seq.) as amended, particularly sections 7(b) and (c) (16 U.S.C. 1278(b) and (c)). (g) Air quality (1) The Clean Air Act (42 U.S.C. 7401 et. seq. ) as amended, particularly sections 176(c) and (d) (42 U.S.C. 7506(c) and (d)). (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6, 51, and 93). (h) Farmland protection (1) Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et. seq.) particularly sections 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202). (2) Farmland Protection Policy (Department of Agriculture-7 CFR part 658). (i) HUD environmental standards (1) Applicable criteria and standards specified in HUD environmental regulations (24 CFR part 51)(other than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3) (2) HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979). (j) Environmental justice (~) Executive Order 12898 of February 11, 1994 --- Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, (59 FR 7629), 3 CFR, 1994 Comp. p. 859. (k) Other requirements See 24 CFR Part 58.6. VI. ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.), 24 C.F.R. Part 42, and 24 C.F.R. Section 570.606. Page 3 of 3 EXHIBIT E CERTIFICATIONS I, Michael Pfiester M.~.y_~, City of Paris CERTIFY WITH RESPECT TO THE EXPENDITURE OF FUNDS PROVIDED UNDER THIS CONTRACT BY THE City of Paris, THAT; (1) IT WILL MINIMIZE DISPLACEMENT OF PERSONS AS A RESULT OF ACTIVITIES ASSISTED WITH SUCH FUNDS; (2) THE PROGRAM WILL BE CONDUCTED AND ADMINISTERED IN CONFORMITY WITH THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. SEC. 2000a et seq.) AND THE FAIR HOUSING ACT (42 U.S.C. SEC 3901 et. seq.), AND THAT IT WILL AFFIRMATIVELY FURTHER FAIR HOUSING, AS SPECIFIED BY DEPARTMENT; (3) IT WILL PROVIDE FOR OPPORTUNITIES FOR CITIZEN PARTICIPATION, HEARINGS AND ACCESS TO INFORMATION WITH RESPECT TO ITS COMMUNITY DEVELOPMENT PROGRAMS, AS SPECIFIED BY DEPARTMENT; (4) IT WILL NOT ATTEMPT TO RECOVER ANY CAPITAL COSTS OF PUBLIC IMPROVE- MENTS ASSISTED IN WHOLE OR IN PART WITH SUCH FUNDS BY ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF LOW AND MODERATE INCOME, INCLUDING ANY FEE CHARGED OR ASSESSMENT MADE AS A CONDITION OF OBTAINING ACCESS TO SUCH PUBLIC IMPROVEMENTS UNLESS (A) SUCH FUNDS ARE USED TO PAY THE PROPORTION OF SUCH FEE OR ASSESSMENT THAT RELATED TO THE CAPITAL COSTS OF SUCH PUBLIC IMPROVEMENTS THAT ARE FINANCED FROM REVENUE SOURCES OTHER THAN SUCH FUNDS; OR (B) FOR PURPOSES OF ASSESSING ANY AMOUNT AGAINST PROPERTIES OWNED AND OCCUPIED BY PERSONS OF MODERATE INCOME, CONTRACTOR CERTIFIES THAT IT LACKS SUFFICIENT FUNDS UNDER THIS CONTRACT TO COMPLY WITH THE REQUIREMENTS OF CLAUSE (A). (5) IN THE EVENT THAT DISPLACEMENT OF RESIDENTIAL DWELLINGS WILL OCCUR IN CONNECTION WITH A PROJECT ASSISTED WITH TCDP FUNDS, IT WILL FOLLOW A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN, AS SPECIFIED BY THE DEPARTMENT. (6) IT SHALL ADOPT AND ENFORCE A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES WITHIN ITS JURISDICTION AGAINST ANY INDIVIDUAL ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS AND A POLICY OF ENFORCING APPLICABLE STATE AND LOCAL LAWS AGAINST PHYSICALLY BARRING ENTRANCE TO OR EXIT FROM A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH NONVIOLENT CIVIL RIGHTS DEMONSTRATION WITHIN ITS JURISDICTION. Name Date Page 1 of 2 CERTIFICATION REGARDING LOBBYING FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS THE UNDERSIGNED City of Paris CERTIFIES, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT: (1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF AN AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF 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 STANDARD FORM - LLL, "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 SUBREClPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT 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. SIGNED: DATE: NAME TITLE (MAYOR/JUDGE) Page 2 of 2