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Ordinance No. 7,184941121 -I9 ORDINANCE NO. 7184 is AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN COMMUNITY DEVELOPMENT BLOCK GRANT SUB - RECIPIENT AGREEMENT WITH BAYTOWN HOUSING AUTHORITY; AUTHORIZING PAYMENT BY THE CITY OF RAYTOWN OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, THE SUM OF TWENTY -SEVEN THOUSAND NINE HUNDRED AND N01100 DOLLARS ($27,900.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Community Development Block Grant Sub - recipient Agreement with Baytown Housing Authority. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment of Community Development Block Grant funds to Baytown Housing Authority, the sum of TWENTY -SEVEN THOUSAND NINE HUNDRED AND NO 1100 DOLLARS ($27,900.00), pursuant to the Agreement. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 21st day of November, 1994. e66!�� PETE C. ALFAX0, Mayor ATTEST: ILEEN P,. AL , City Clerk APPROVED AS TO FORM: • 'L.o � �. "� ACIO RAMI Z, S My Attorney le�.vcamcivuovembern 1- z1- 94�fiA[3RB�au� • • ORDINANCE NO. THE STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, this Contract made and entered into by and between THE CITY OF BAYTOWN, TEXAS, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "City," and The Baytown Housing Authority, a designated public housing agency, hereinafter referred to as "BHA ". WHEREAS, the City, acting pursuant to an order of its governing body, has entered into a Grant Contract with the United States of America, Grant Application No. B- 94 -MC -48 -0033 acting by and through its Department of Housing and Urban Development for federal funding of a Community Development Program under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the expenditure of funds for the purpose of emergency shelter to the Development lBlock s eligible Grant(CDBG) exp program; and WHEREAS, BHA has developed a comprehensive program to provide homeless shelter at the Sam Houston Housing Complex; and WHEREAS, the BHA requires funds for the rehabilitation of the ten (10) units at Sam Houston Housing Complex to be used for emergency shelter to the homeless; and WHEREAS, the City desires to provide CDBG funds to assist the BHA with the rehabilitation; and NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the City and BHA, it is hereby agreed as follows: I. 1.1 BHA hereby agrees that for and in consideration of the payment of the sum of money specified in Paragraph III hereof, it will perform in a competent manner the rehabilitation of ten (10) units at Sam Houston Housing Complex to be used as emergency shelter for the homeless that shall be consistent with its status as a public housing agency. The City of Baytown shall mean those areas within the City limits of Baytown, Texas. In addition, the homeless residents shall meet the guidelines established by the U.S. Department of Housing and Urban Development (H.U.D.) under the terms of the Community Development Block Grant program. EXHIBIT A E 1.2 Performance of this contract shall be undertaken and completed in a sequence which will insure expeditious accomplishments under the contract. 1.3 BHA represents that it has, or will obtain, at its sole expense, all personnel required in the performance of the services under this contract. Such personnel shall not be employees of, nor have a contractual relationship with the City. 1.4 All of the services performable under this contract shall be performed by BHA or under its supervision. 1.5 BHA shall keep separate record of all funds received and disbursed under this contract and provide to the City all information, records, papers, reports and other documents regarding any aspect of the services furnished as may be requested by the City of Baytown Director of Finance and /or the Director of the City of Baytown Planning Department or any of their designees and make said records and all other records, books, documents, and papers of BHP, which relate in any way to the services provided, (hereinafter referred to as "records ") available for inspection, audit, examination, and copying by the City, the Comptroller General of the United States, the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, and the State of Texas, and /or their respective duly authorized representative. II. Subject to the availability of federal funds, the period of this contract shall be from the approval date.of this contract until BHA expends all funds authorized under this contract, but not to exceed twelve (12) months. III. 3.1 For and in consideration of the services performed under this contract, the City agrees to fund BHA in accordance with Exhibit "C" attached hereto but not, to exceed the sum of TWENTY -SEVEN THOUSAND NINE HUNDRED AND NO 1100 DOLLARS ($27,900.00) which shall be the full and total compensation for all services and operating expenses allowable under this contract and the Grant Contract with H.U.D. The City shall not be liable for the payment or reimbursement of any expenses which are not allowable under the terms of this contract and the Grant. It is expressly agreed that in no event will the total amount of compensation due to BHA by the City • exceed the above mentioned sum. • 3.2 The City shall pay BHA on a monthly basis as described below. 3.3 BHA shall submit a reimbursement request on or before the fifth day of each month for the costs incurred during the preceding month. Such invoice shall be on a form approved by the City, and shall include any other documentation requested by the City. All invoices shall be approved by the City of Baytown Planning Department prior to payment. The City shall have the right to perform a financial or performance audits of the BHA. 3.4 Payments to BHA shall be based on the Budget for CDBG Funds attached hereto as Exhibit "C" and shall not exceed the amounts set forth therein. 3.5 The City shall only make funds available to BHA on a reimbursable basis upon receipt of an invoice. IV. The project that BHA will undertake during the term of this contract shall include only the rehabilitation of ten (10) units at Sam Houston Housing Complex to be used as an emergency shelter for the homeless. V. The City has no City funds for the services to be rendered under this contract. It is expressly agreed and understood that this contract is predicated and conditioned upon the City receiving funds for the purpose of paying the entire obligation of the City under this contract from funds to.be received from the U.S Department of Housing and Urban Development, by virtue of Grant No. B- 94 -MC -48 -0033, entitled Community Development Block Grant. Notwithstanding anything herein to contrary, the maximum liability of the City under the terms and provisions of this contract shall not exceed $27,900.00 authorized by HUD pursuant to the Block Grant. VI. 6.1 BHA agrees to furnish such reports in kind and form as and when required by the City of Baytown including, but not limited to, the following: A. Monthly rehabilitation status reports. B. Monthly force account employment reports. C. Project completion report and certification of all bills paid. • • Failure to comply with reporting requirements shall constitute a material breach of the contract, and compensation to BHA may be withheld until such time as the reports are submitted. 6.2 Monthly reports are to be submitted within five (5) working days of the end of each reporting period. 6.3 BHA agrees to attend all meetings as may be scheduled by the City of Baytown Planning Department during the term of this contract to discuss any reports on BHA's general progress in performing its obligations under this contract. 6.4 BHA agrees to cooperate in any site visits or financial monitoring visits that might be scheduled by the City of Baytown Planning Department. 6.5 BHA agrees to cooperate in an annual independent audit conducted on behalf of the City of Baytown and to deliver to the City a D audit r fiscal year which Community evelopme tBlockGrant fundsaeexpend d under this contract. VII. 7.1 BHA agrees to and shall indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and reasonable attorneys' fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work contemplated herein, where such injuries, death or damages, are caused by the City's sole negligence or joint negligence of the City and any other person or entity. It is the expressed intention of the parties hereto, both BHA and the City, that the indemnity provided for in this paragraph is indemnity by BHA to indemnify and protect the City from the consequences of the City's own negligence, whether that negligence is the sole or a concurring cause of the injury, death or damage. 7.2 W r r s' Compensati Liabilitv Insurance. Workers' Compensation and Employer's Liability Insurance shall be in the amount and terms required by app licable statute for all employees engaged in work on the project under this contract, and in case of any such work sublet, the shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workers' Compensation Insurance. In case any class of employees engages in hazardous • work on the project under this contract is not protected under the Workers' Compensation Statute, the Grantee shall provide and • shall cause each subcontractor to provide adequate employer's liability insurance of the protection of such of his employees as are not otherwise protected. A waiver of subrogation is required for all Workers' Compensation policies. 7.3 Commercial General Liability. The insurance policy shall have a combined single limit of $1,000,000.00 to cover bodily injury, including accidental death and property damage. The Grantee shall furnish the City with a certificate of insurance of the above coverage acceptable to the City and naming the City of Baytown as an "additional insured," for those judgments that might arise as a result of services rendered within the scope of this grant contract. This certificate shall be furnished before the commencement of work hereunder, showing the types, amount, class of operation covered, effective dates and dates of expiration of policies. The Grantee shall maintain such insurance in force during the life of the contact and no modification or change of insurance coverage and provision shall be made without ten (10) days written advance notice to the City of Baytown. The Grantee must provide to the City copies of the insurance policies that are in force required under this section prior to the execution of this contract. VIII. The BHA shall follow federal guidelines and procedures governing program income as set forth in 24 CFR Part 570.504. Program income as use in the contract shall be that definition set forth in 24 CFR 570.500(a). IX. 9.1 This contract includes the following exhibits and such exhibits are attached hereto and made a part hereof for all purposes: Exhibit A - CDBG Program Requirements Exhibit B - Scope of Work Exhibit C - Budget Exhibit D - Certification for Contracts, Grants, Loans and Cooperative Contracts This agreement and the attached exhibits represent the entire agreement between the City and BHA, and there are no other effective agreements, representations or warranties between the City and BRA that are not contained in the contract documents. 9.2 In the performance of this Contract, the City and BHA • shall observe and comply with all applicable Federal, State, City, and City statues, ordinances, rules and regulation, including, but not limited to, Title VI or the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; Executive Order 11236, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; and the Age Discrimination Act of 1975, as amended; and all other applicable federal rules, and regulations, and laws relating to the Housing and Community Development Act of 1974, as amended. 9.3 BHA shall not sell, assign, or transfer any of its rights or obligations under this contract in whole or in part without prior written consent of City, nor shall BHA assign any monies due to or to become due to it hereinunder without the previous consent of the City. X. Unless otherwise provided in this contract, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this contract from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall, until changes as hereinafter provided, be as follows: If to the City, then to: Mayor Pete Alfaro c/o Director, Planning Department P.O. Box 424 Baytown, Texas 77522 If to BHA, then to: Baytown Housing James Marshall, 805 Nazro Authority Executive Director Baytown, Tx 77520 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify as its new address, provided that at least fifteen (15) days written notice is given of such new address to the other party. • C� XI. 11.1 The following are hereby defined as events of default: 1. Failure of BHA to perform or observe any of the other obligations, covenants-, agreements, and conditions required to be performed or observed under this contract; or 2. The dissolution or liquidation of BHA, the filing of a voluntary petition in bankruptcy by the contractor; and assignment for the benefit of creditors by BHA; an entry into an agreement or composition with its creditors by BHA; or 3. The approval by a court of competent jurisdiction of any petition or other pleading in any action seeking reorganization, arrangement, adjustment, or composition of or in any respect of BHA under the Federal Bankruptcy Act or any similar State or Federal law; or the appointment of a receiver, trustee or other similar official for BHA or of its property, unless within sixty days after such appointment BHA causes such appointment to be stayed or discharged. In the event of the occurrence of either or both of the above - mentioned defaults, the City shall have the right to terminate this agreement on twenty (20) days written notice to BHA, provided that such termination shall be ineffective if within said twenty (20) day period BHA cures said default to the satisfaction of the City. Provided further, that such termination may be stayed, at the sole option of the City, pending cure of said default if action to cure begins during the twenty (20) day period and is successfully completed. Upon termination of this contract as hereinabove provided, any and all unspent funds in possession of BHA contributed by the City under the terms of this contract shall be returned to the City. In addition to, or in lieu of, the foregoing termination procedure, the City may withhold all or any part of any sums which may be otherwise due BHA which relate to such default, either (1) until such time as default is cured; or (2) if such default cannot be cured, forever. 11.2 Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 11.3 This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 11.4 This contract may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. 11.5 This contract supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this contract which is not contained herein shall be valid or binding. 11.5 All parties agree that should any provision of this contract be determined to be invalid or unenforceable, such determination shall not effect any other term of this contract, which shall continue in full force and effect. EXECUTED this day of CITY OF BAYTOWN, TEXAS PETE C. ALFARO, MAYOR OF THE CITY OF BAYTOWN, TEXAS ATTEST: EILEEN HALL CITY CLERK CITY OF BAYTOWN, • TEXAS 1994. BAYTOWN HOUSING AUTHORITY JAMES MARSHALL EXECUTIVE DIRECTOR APPROVED AS TO FORM: IGNACIO RAMIREZ CITY ATTORNEY CITY OF BAYTOWN, TEXAS . EXHIBIT "A" COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQUIREMENTS FOR NON PROFIT ORGANIZATIONS I. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (P.L.880 -352) and Title 24 Code of Federal Regulations Part 1. In accordance with the Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the Contractor receives Federal financial assistance. The contractor will immediately take any measures necessary to comply with Title VI. If any real property of structure is thereon provided or improved with the aid of Federal financial assistance, this ,clause shall obligate the owner, or in the case of any transfer of such property, an transferee, to comply with the requirements and restrictions contained in this clause for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. The Contractor will further comply with federal regulation, 24 CFR Part 1, which implement the act. II. EXECUTIVE ORDER 11063 The Contractor shall comply with Executive Order 11063 as amended by Executive Order 12259 and is contained in 24 CFR Part 107. Contractor will take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), sex, or national origin, in the sale, leasing, rental, or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof, if such property and related facilities area, among other things, provided in whole or in part with the aid of loans, advances, grants, or contributions agreed to be made by the Federal Government. III. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor shall comply with Section 109 of the Housing and Community Development Act of 1974 as contained in 24 CFR Part • 570.602 issued pursuant to Section 109. No person in the United States shall, on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or part with community development funds. "Program activity" is defined as any function conducted by an identifiable administrative unity of the City, or by any unit of government, subrecipient (Contractor) or private contractor receiving community development funds or loans from the County. "Funded in whole or in part with community development funds" means that community development funds in any amount in the form of grants or proceeds from HUD guaranteed loans which have been transferred by the City or subrecipient (Contractor) to an identifiable administrative unit and disbursed in program or activity. Specific discriminatory action prohibited and corrective actions are described in 24 CFR 570.602(b). Section 109 of the act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.A. 6101 et sew) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of The Rehabilitation Act of 1973 (29 U.S.C.A. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to Act. HUD regulations implementing the Age Discrimination Act are contained in 24 CFR Part 146 and the regulations implementing section 5404 are contained in 24 CFR Part 8. IV. EXECUTIVE ORDER 11246 The Contractor shall comply with Executive Order 11246, as amended by Executive Order 12086, and the regulation issued pursuant thereto (41 CFR Chapter 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all - phases of employment during the performance of Federal or federally assisted construction contracts. Contractor agrees that contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates.of pay, or other forms of compensation and selection for training and apprenticeship. V. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 The Contractor shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u). A. The Contractor shall to the greatest extent feasible, give opportunities for training and employment to lower income residents of the City and shall award contracts for work in connection with the Project to business concerns which are located in or owned in substantial part by persons residing in the City. B. The Contractor shall include the phrase in paragraph A in all contracts for work in connection with this project. VI. USE OF DEBARRED SUSPENDED OR INELIGIBLE CONTRACTORS The Contractor shall not use assistance to directly or indirectly employ, award contracts to, or otherwise engage the services of, or fund any contractor or subcontractor during any period of debarment, suspension or placement in ineligibility status under provisions of 24 CFR Part 24. VII. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES The Contractor and its agencies or instrumentalities, and subrecipients shall comply with the policies, guidelines, and requirements of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,: OMB Circular No. A -122, "Cost Principles for NonProfit Organizations, ". The applicable sections of 24 CFR Part 85 and OMB Circular No. A -110 are set forth at 570.502. VIII. CONFLICT OF INTEREST A. No member of or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit direct or indirect which arises from this Contract. gescrthedccbnrdhacpawatjimaPh 13H1 09awhoSalefsti$enorphavens exercised any functions with respect to CDBG activities or who are in a position to participate in a decision making process or gain inside information with regard to CDBG activities, may obtain a personal or financial interest or benefit from or have any interest in any contract, subcontract, or agreement 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. • C. The requirements of the above paragraph apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, Contractor, and of any designated public agency, or • subrecipient under 24 CPR Section 570.20 which receives funds under the CDBG grant agreement with HUD. IX. RECORDS FOR AUDIT PURPOSES Without limitation to any other provision of this Agreement the Contractor shall maintain all records concerning the Project which the County reasonable requires for three years from the expiration date of the Agreement unless a longer period is required under Title 24, Code of Federal Regulation 570.510. The Contractor shall maintain records required by 2.4 CFR Section 135.120 for the period that HUD requires the records to be maintained. The Contractor will give the City, HUD, and the Comptroller General of the United States, the General Accounting Office or any of their authorized representative access to and the right to examine, copy or reproduce all records pertaining to the acquisition and construction of the Project and the operation of the Project. The right to access shall continue as long as the records are required to be maintained. F14 DRUG FREE WORKPLACE ACT OF 1988 The Contractor shall comply with the Drug Free Workplace Act of 1988 and certify that it will maintain a drug -free workplace in accordance with the requirements of 24 CFR Part 24, subpart F. • 0 i EXHIBIT "B" SCOPE OF WORK The Housing Authority of the City of Baytown will perform Rehabilitation on ten (10) units located at 805 W. Nazro Street, Baytown, Texas 77520, for the purpose of providing Emergency Shelter for ten (10) families within the City Limits of Baytown. The Housing Authority will be the Contractor for the Rehabilitation and Section 3 Labor will be used when possible. The Rehabilitation of the units will include the following: 1. Replacement of Refrigerators and Gas Ranges in all ten units. 2. Replacement of Gas Water Heaters and installation of 18" stands in all ten units. 3. Repair /Replacement of Kitchen Countertops and Cabinets in all ten units. 4. Replacement of- Bathroom Sinks, Bathtubs and Commodes in all ten units. Commodes will have energy saving devices for regulating gallons per flush. 5. Conversion of Section unit to Handicap Accessible in order to meet 6. Lead Base Paint Testing and Abatement, if necessary. 7. Texturing and Painting of all ten units. All work will be supervised Labhemployedgby Authority and will be performed by Force Account or Authority. • "C" EXHIBIT EMERGENCY HOMELESS PROGRAM BUDGET DESCRIPTION OF DEV. ACCOUNT BUDGET AMOUNT WORK ITEM NUMBER I. Lead Base paint testing 1430.7 $ 800 sample of 5% of units $400 X 2 Units 2. Replace Kitchen Counter- 1460 750 tops. 10 Units X $75 3. Replace rotten wood and 1460 1,500 repair Kitchen Cabinets 10 Units X $150 4. Replace Bathroom Sink and 1460 1,500 Fixtures. 10 Units X $150 _ 5. Replace Bathtub and Fixtures 1460 2,500 $250 X 10 Units 6. Replace Commodes with 1460 1,500 energy saving devices. $150 X 10 Units 7. Convert one (1) unit to 1460 1,550 Handicap Accessible: Widen doors, hallways and install adjustable countertops and cabinets. S. Interior Painting and 1460 5,000 texture. $500 X 10 Units g. Lead Base Paint Abatement 1460 4,500 per HUD Regulations $450 X 10 Units 10. Replace Refrigerators with 1465.1 4,000 Frost Free 18 CF. _$400 X 10 Units 11. Replace Stoves with 1465.1 2,500 Gas Ranges with pilotless ignition. $250 X 10 Units 12. Replace water heaters with 1465.1 1,850 new 30 Gal. on 18" stands. • $185 X 10 Units TOTAL BUDGET $27,950 • EXHIBIT " D " 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, 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 p &id to any person for influencing or attempting to influence 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 subrecipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the 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 that $10,000 and not more than $100,000 for each such failure. Executed this date of 19_,,.. By (signature) James Marshall (typed or printed name) executive Director. BHA (title, if any) Covered Action: Rehabilitation of ten (10) units at the Sam Houston Housing Complex with Community Dgyalopment that will be utilized as emergency shelter for the homeless. (type and identity of program project or activity)