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HomeMy WebLinkAboutResolution - 513 - Grant Agreement - HUD - 1980-81 Community Development Funding - 06/12/19801� WMM: pc }4 n. !r RESOLUTION RESOLUTION #513 - 6/12/80 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT UNDER THE FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1:974 FOR CD FUNDING YEAR 1980-81 BETWEEN THE CITY OF LUBBOCK AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENT OR INSTRUMENT NECESSARY TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL. WHEREAS, Title I of the Community Development Act of 1977, Public Law 93-383, provides for a program of Community Development Block Grants; WHEREAS, the 1980-81 Annual Application for Community Development Block Grants for the City of Lubbock having been submitted to and approved by the Department of Housing and Urban Development; and WHEREAS, the City Council, has determined that participation in the Community Development Block Grant Program will be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement under the Funding Approval under Title I of the Housing and Community Develop- ment Act of 1974, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock any other docu- ment or instrument necessary to implement the activities approved in the Funding Approval. Passed by the City Council this 12th day June , 1980. Js& 00 BI MCALISTER, MAYOR ATTEST: Evelyn Gdeffg'a, CittFA crp'etary-Treasurer APPROVED AS TO CONTENT: Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: W. M. McKamie, Assistant City Attorney U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (Public Low 93-383), AS AMENDED 1. NAME OF APPLICANT: 2. APPLICATION/GRANT NO. City of Lubbock B -80 -MC -48-0022 3. APPLICANT'S ADDRESS (Include Street, City, County, State and Zip Code) 4. DATE OF APPLICATIONi P. 0. Box 2000 ,1-2/+- 80 Lubbock, Texas 79.57 S. DATE OF HUD RECEIPT OF APPLICATION 3-17-80 6 4] Original Funding Approval [_j Amendment. Amendment No. All section references below are to the Housinz and Community Development Act of 1974 as amended unless otherwise indicated. 7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION (Check only one) a.1M Metropolitan Entitlement (Sec. 106) b. ❑ Metropolitan Discretionary (Sec. 106) c. ❑ Non -Metropolitan Entitlement (Sec. 106) d. ❑ Non -Metropolitan Discretionary (Sec. 106) e. ❑ Secretary's Discretionary (Sec. 107) f. ❑ Categorical Program Settlement Grants (Sec. 100)) S. AMOUNT OF COMMUNITY DEVELOPMENT BLOQK GRANT FUNDS APPROVED a. Amount of CDBG Funds Currently Reserved for this Applicant ............................... 3; 481+000 b. Amount of CDBG Funds Now Being Approved for this Applicant ........................... $ 39.4,481, 000 c. Amount of Reservation to be Cancelled (Line 8a minus 8b) ............................... $ —0— HUD ACCOUNTING USE ONLY 1BATCHI TAC PRS Y A REG ARE DOCUMENTN PROJECT NUMBER _ S 1 3 1 77 6 1 1 1fl7 0 8 2 1 4 9 12 13 14 16 18 23 30 33 AMOUNT1 EFFECTIVEDATE F AMOUNT2 SCHEDULE NO. IMIMI 38 41 45 80 54 60 61 65 70 74 79 9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT a. Grant Amount Budgeted by Locality for Repayment of Urban Renewal Loans ................... $ —0— b. Grant Amount Withheld for Payment of Principal and Interest on Loans Guaranteed Pursuant to Sec. 108. $ —0- c. Grant Amount Deducted by HUD to Settle Outstanding Urban Renewal Loans (Sec. 112(a)(1)) $ —0— d. Sum of lines 9a, 9b, and 9c ............................................. e. Amount of Approved CDBG Available for Disbursement (Line 8b minus 9d) ...................: $ _ 3,481,000 Pra.i.— F.tiri.,,... n1. -..ice• - 1 MUU-7US2 (8-78) INSTRUCTIONS I BLOCK NO. 1. Enter the Applicant's name as shown in Item 4 of Standard Form 424. 2. Enter the number shown in Item 30 of Standard Form 424. NOTE: If reallocated funds are being made available as a supplement to an existing grant, enter in addition to the reallocated number the existing grant number (i.e., the complete number of the original grant which may be of a different type or from a different year of fund authori- zation). 3. Enter the Applicant's complete address as shown in Item 4 of Standard Form 424. 4. Enter the date of application or amendatory shown in Item 23 of Standard Form 424. 5. Enter the month, day and year that the application or amendatory was received, provided that it was judged to be complete, and the 75 day period was started in accordance with 24 CFR 570.311. If the application was incomplete, enter the date that the additions which made it complete were received. Complete only when 7a or 7c is checked. 6. Check the appropriate box. Check "Original Funding Approval" for the first funding approval form executed under the grant number shown in Block No. 2. Check "Amendment" for subsequent funding approval forms executed under the same grant number. Number amendments under the same grant number consecutively, starting with "1 ." 7. Check the appropriate box. 8. The amounts entered in this block shall pertain only to funds appropriated for CD Block Grants. They shall not include amounts pertaining to surplus urban renewal funds, which are handled separately in Block No. 10. a. Enter the amount of CDBG funds currently reserved for this Applicant under the grant number shown in Block No. 2. If amendment, enter the amount of CDBG funds which have been reserved since the completion of the previous Funding Approval form. b. Enter the amount of CDBG funds now being approved for this Applicant. If amendment, enter only the increase (+) or decrease (--) in the amount of CDBG funds approved for use by this Applicant under the grant number shown in Block No. 2. C. Subtract the amount on line 8b from the amount online 8a and enter the difference on this line. 9. The amount entered in this block shall pertain only to the distribution of the grant amount approved on line 8b. a. Enter the amount voluntarily budgeted by the locality for repayment of urban renewal loans. Attach schedule indicating the following for each loan: Project Number: Amount of CDBG funds budgeted for loan repayment: $ b. Enter the amount to be withheld for payment of principal and interest due the purchaser of notes or other - obligations guaranteed pursuant to section 108 or, if applicable, for repayment due the United States as a result of guarantees made pursuant to section 108. c. Enter the amount deducted by HUD pursuant to 24 CFR 570.802 to be used for repayment of urban renewal loans. Attach schedule, indicating the following for each loan: Project Number: Amount of CDBG funds to be applied to loan repayment: $ d. Add the amounts on lines 9a, 9b, and 9c and enter the sum on this line. e. Subtract the amount on line 9d from the amount on line 8b and enter the difference on this line. This is the amount of CDBG funds made available by this Funding Approval form for disbursement through the grant payment system (e.g., letter of credit). HUD -7082 (8-78) 10. AMOUNT OF SURPLUS URBAN RENEWAL. FUNDS APPROVED AND BALANCE AVAILABLE (Sec. 112(b)) . a. Amount of Surplus U.R. Funds Reserved for this Applicant ...................... $ N/A b. Amount of Surplus U.R. Funds Now Being Approved ........................' .... $ c. Balance of Surplus U.R. Funds Available for Future Use (Line l0a minus lob) ....... $' HUD ACCOUNTING USE ONLY BATCH TAC : ' PROGRAM Y REG R pOCUM^ENrN0. PROJECT NUMBER 17 3 [11L11alaI I I I ITF71 - S 1 2 9 12 13 14 16 is 23 30 35 CATEGOR AMOUNT 1 EFFECTIVE OA F AMOUNT 2 SCHEDULE NO. 41 45 50 54 60 61 65 70 74 79 11." MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED N/A a. Applicant's Latest Entitlement Amount — $ x3 $ b. Grant Amount Required by HUD to be Applied to Urban Renewal Loans $ c. Amount of Outstanding Loans (Including Principal and Interest Thereon) Guaranteed $ , Pursuant to Section 108 d. Amount of Outstanding Loan Guarantee Commitments Approved Pursuant to Section 108 $ e. Maximum Amount of Loan Guarantee Commitment Available (Line Ila minus llb, llc, $ and IId) f. Amount of Loan Guarantee Commitment Now Being Approved $ '12. RECIPIENT OF LOAN GUARANTEE (Q+eck Applicable Box) a. 0 Applicant Identified in Block No. 1 b. 0 Public Agency Designated by Applicant as Grantee to Receive Loan Guarantee (Name and Address) MUD -7082 (8-78) 10. Complete only if surplus grant funds remained after the financial settlement of urban renewal and/or NDP project(s), and those funds have been reassigned to this Applicant. Reference: 24 CFR 570.801. a. Enter the amount of surplus U. R. funds reserved for this Applicant.. Verify this amount with the Regional,' Accounting Division. On the first Funding Approval form in which this block is completed, enter the total amount of surplus U. R. funds reserved for this Applicant via Form HUD -718. On subsequent Funding, Approval forms, whether original or amendment, enter the balance of surplus U. R. funds available for future use, as shown on line 10c of the previous Funding Approval form, plus any additional amount of surplus U. R. funds reserved for this Applicant via Form(s) HUD -718. b. Enter the amount of surplus U. R. funds now being approved for use by this Applicant. This amount will be disbursed through the grant payment system being used for CDBG funds (e. g., letter of credit). If a letter of credit is being used to disburse CDBG funds, the same letter of credit will be used to disburse surplus U. R. funds. C. Subtract the amount on line 1.0b from the amount on line 10a and enter the difference on this line. It. a. Enter an amount equal to three times the Applicant's latest entitlement amount. b. Enter 'the 'amount of grant funds required by HUD to be applied to the repayment of urban renewal tem- poraryloans pursuant to 24 CFR 570.802. Reference: 24 CFR 570.703(a). C.- Enter the amount of outstanding loans (including principal and interest thereon) guaranteed pursuant to Section 108. d. Enter the amount of outstanding .commitments to guarantee loans made pursuant to Section 108 (approved commitments minus outstanding loans guaranteed). e. Subtract the amounts on lines 11 b, 1 ic, and 11 d :from the amount on line 11 a and enter the difference on this line. f. Enter the amount of the loan guarantee commitment now being approved for this Applicant. NOTE: the amount approved cannot exceed the amount on line l le. l2. Check the appropriate box. Enter the .name and complete address (Street, City,.County, State and ZIP Code) of,..,` any public agency designated. The public agency must execute the Acceptance Provision.as a party -to the>grant agreement. 13-18. Complete applicable sections. HUD -7082 (8-78) 13. Waiver of Certain Application Requirements for Section 106 Grants 1:1 The application requirements of Section 104(a)(1), (2) and (3) are waived pursuant to Section 104(bX3), except I as indicated below: N/A 14. Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities D HUD has determined that the activities described in the application as supporting community development needs t having a particular urgency, as specifically described in the application, are designed to meet such needs. N/A 15. Environmental Review Actions (a) O The Applicant lacks legal capacity to assume environmental responsibilities under Section 104(h). HUD t has prepared and circulated a final Environmental Impact Statement on the application. (b) The Applicant has legal capacity to assume environmental responsibilities under Section 104(h) and has 2 submitted requests for release of funds and certifications approved by HUD under Section 104(hx2) for all projects which are subject to the environmental review requirements of 24 CFR Part 58 and require HUD release of funds, except those listed under Item 16(a) hereof. 16. Conditional Approvals on Use of Funds The obligation or utilization of funds for the activities shown below, except as provided under subsection (a), is pro- hibited without the further express written authorization of HUD. (a) Projects requiring HUD written release of funds under Section 104(hx2): (However, funds may be obligated or utilized for. (1) the payment of reasonable administrative costs related to the planning and execution of projects listed in this subsection and (2) other related activities specified under 24 CFR 58.21 as exempt from environ- mental review requirements, including eligible planning, design, and environmental activities.) As determined.and documented in the Environmental Review Record by the Grantee, pursuant to 58.21(b) and (c). HUD -7082 (8-78) (b) Sec. 105 (a) (8) public services determined necessary or appropriate for which other Federal assistance may be available: None (c) Sec. 105 (a) (2) flood or drainage facilities for which other Federal assistance may be available: Ik)lM (d) Any activities within the preceding categories which will be undertaken as a result of program amendments, or as unspecified local option activities. None (e) Activities affected by failure to comply with applicable HUD regulations or law: (The specific regulation or law with respect to each activity listed, and the corrective actions required to remove the conditional approval, are cited as Special Conditions in Item 18.) None 17. Ineligible Activities Reducing Section 106 Grant Entitlement nApplication for funding of the following proposed activities, determined by HUD to be ineligible under Title I of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount 1 .shown below: Proposed Activity None Total: Amount HUD -7082 (8-72) 18. Special Conditions and Modifications of Grant Agreement Notwithstanding any other provision of the Grant Agreement, the Grantee shall by November 309 1980, take actions satisfactory to HUD to affirmatively further fair housing. Such actions include, but are not limited to, the adoption of a fair housing ordinance, a detailed examination of local mortgage credit practices to identify possible "red—lining", the city becoming a signatory to a New Horizons Agreement with HUD, or other equivalent actions as determined by HUD. Failure to take, in a timely manner, the actions required by this grant condition and to submit a report thereon by the prescribed date shall be cause for HUD to adjust, reduce or withdraw the Grant, pursuant to 2-4 C.F.R.`570.910(b)(10), or to take such other appropriate action as it may determine. Check if continued on extra sheet and Attach. The funding approval indicated above for utilization of the assistance provided thereunder in accordance with the approved application, subject to the requirements of Title I of the Housing and Community Development Act of 1974 (P.L. 93-383), as amended, and the Department of Housing and Urban Development's rules and regulations, and the execution of a Grant Agree- ment in accordance therewith, is hereby authorized for the program year beginning on JUN MAY 2 2 1980 Date: Secretary of H ing and Urban De opment By: Areif Manager (Title) Date Applicant notified that funding has been authorized: - MAY .30-1900 HUD -7092 (9-78) ACCEPTANCE PROVISIONS The Grant Agreement, authorized by the Department of Housing and Urban Development on .June 1, 1980 under the Funding Approval for application/grant number_. B -80 -MC -48-0022. , is hereby accepted by the Applicant as Grantee under the Agreement; and the Applicant/Grantee agrees to comply, and to accept responsibility for compliance by any public agency designated as Grantee to receive loan guarantee assistance and by any public or private non-profit entity, local development corporation, or small business investment corporation carrying out grant activity on behalf of the applicant, with the terms and conditions of the Agreement, applicable law, regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. CITY OF LUBBOCK (Name of ApplicantlGrantee) • By: ✓ (Signature of Authorized Official) Bill McAlister, Mayor (Title) June 12, 1980 (Date) HUD -7082 (8-78) • U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT it CONMMTY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HUD) agrees to pro- vide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) authorized by the Funding Approval identified therein, subject to the terms and conditions of this Grant Agreement, applicable laws regulations and all other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD approved application specified therein, incluling ani► Assurances, certificationes snaps, schedules or other submissions made with respect thereto,.the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditional 1. Definitional Except to the extent modified or supplemented by thb G.•ant Agreements any term defined in Title I of the Housing and i, Community Development Act of 1974 or the HUD Community Development Block i Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. 2. (a) Agreement means this Grant Agreement, as described above and any amendments or supplements thereto. (b) Applicant means the entity designated as such in the Funding Approval. (c) Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. (d) Assurances, When capitalized, means the certifications and assurances submitted with grant applications pursuant to the require- ments of 2L CFR Part 570, (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the community development program, project, or other activities, including the administration thereof, with respect to 'Which assistance is being provided under this Agreement. 2• "Section 3" Compliance in the Provision of Training, F=lovme, and Business Opportunitiest This Agreement is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 1359 and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. 3 - .The Grantee shall cause cr require to be inserted in full in all contracts and subcontracts for work financed in vhole or in part with assistance provided under thiL. Agreement, the section 3 clause set forth in 24 CFR 135.20(b). The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the section 3 clause. 1 3. Flood _Disaster Protections 1 This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234)• No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in c wTliance with the requirements for participation in the national flood insurance program pursuant to section 201(d) of said Actj and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of section 102(x) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area V identified by the Secretary as having special flood hazards and in which the sale of flood insurance has bees, made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. h001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under section 102(x) of the Flood Disaster Protection Act of 1973• Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. h. Equal Enmloyment Opportunity: (a) Activities and contracts -n6t sub ect to Executive Order 11461 as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicant s fore employment yment' are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the followings employment upgrading, demotion, or transferp recruitment or recruitment,advertising;' layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall 5• post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employ- ment without regard to raze, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such 4 contracts shall be subject to HUD Equal E*loyment opportunity regula- tions at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full.in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulatione, which is paid for.in whole or in part with assistance provided under this Agresment,'ths following equal opportunity clauses During the performance of this contract, the contractor agrees as follows& (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative"action to ensure rl• 6. that applicants are employed, and that employees are treated during employment, without regard to their'race, color, religion, sex, or national origin. Such action shall include, but not be limited to., the followings Employments upgrading, demotion, or transfers recruit.. rent or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractorrees to � post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer Betting forth the provisions of this nondiscrimination clause.; it (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without ; regard to race, color, religion, sex, or'national origin. (3) The contractor will send to each labor union or represents - tine of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representa- tives of the contractors commitment under this section and shall copies -of the notice in cons post pecuous places available to employees and r, applicants for,employment. (!t) The contractor will comply with all provisions of Executive Order 11216 of September 24s 1965s and of 'thae rules, regulations and _ • 7. relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 112116 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or With any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared in. eligible for further Government contracts or federally assisted construc- tion contract procedures authorised in Executive Order 112116` of I' September 211, 1965, or by rule, regulation, or order of the Becretary of Labor, or as otherwise provided by lax. �•' (7) The contractor will include the portion of the sentence i immediately preceding paragraph (1) and theprovisions of -paragraphs (1) through (7) in every subcontract or purchase order unless exempted by roles, regulatione, or orders of the Secretary of Labor issued pursuant I to section 204 of 'Executive Order 11216 of September 259 1965s so that II such provisions will be binding upon each subcontractor or vendor. The 8. contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor`as a result of such direction by the Department, the contractor may.request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction works Provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Granteej agrees that it will -assist and cooperate'actively with the Department and the Secretary of.Labor in obtaining the compliance of contractors and subcontractore with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the Department, and the Secretary of Labor such information as they may require for the.supervisionof such compliance• s and that it will otherwise assist the ,Department in the discharge of its Primary responsibility for securing compliance. 41 ,I 9• The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive • Order 11246 of September 249 19659 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occured until satis- factory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings; 5. Lead -Based Paint Hazardss The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead. Based Paint regulations, 24 CFR Part 35• Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the I 10. provisions for the elimination of lead -base paint hazards under sub- part B of said regulations, and the Grantee shall be responsible for the inspections and certifications required under section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, L2 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirementst (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements Qu ments of section 114 of the Clean Air Act, as amended, (42USC 1857c,-8) and section 308 of the Federal Water Pollution Gontrol'Act, as amended (33USC 1318) relating to inspection,, monitoring, entry, reports, and information, U. as well as all other requirements specified in said section 114 and section 348, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, FPA, indicating that a facilityutilised or to be utilised for the contract is under consideration -to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of.enf'orcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under section 113(c)(1) of the•Clean Air Act or section 309(c) of the Federal Water Pollution Cohtrol Act. ?. Federal Labor Standards Proyisiofisi Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agree- No Text 14• this Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of Grantee, Members of local Governing Body, or Other Public Officialst No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in Which the program is situated, and no other public official of such locality or localities who.exercises any functions or responsibilities with res- pect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or con- currence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect 1 theretos provided, however,'that reasonable fees or bona fide technical, 13. - such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or arq improvements erected or to be erected thereon, and providing that the Grantee and the United States ' f, are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted here- -under, - agrees to take such measures as are necessary to'enforce such covenant and vill not itself so discriminate. 9• Obligations of Grantee with Respect to Certain Third Parte Relationships: The Grantee shall remain fully obligated under theprovisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with res- pect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant, shall -comply • ply with all lawful requirements of the Applicant necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under section 104(h) of the Housing and Community Development Act of 1971. 10. Interest of Certain Federal Officials: y 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 j I 15. { consultants managerial -or other such services+ other than actual solicitations are not hereby prohibited it oW r++ise eligible as program coats. Mr. Irving Statman Area Director Department of Housing and Urban Development 2001 Bryan Tower Dallas, Texas 75201 RE: Project.#B-80-MC-48-0022 City of Lubbock Community Development Block Grant Dear Mr. Statman: 762-6411 P. O. Box 2000 LUBBOCK, TEXAS 79457 June 12, 1980 R The Lubbock City Council has considered and authorized execution of the Funding Approval under Title d of the Housing and Community Development Act of 1974. Enclosed are two copies of the agreement. In executing the Funding Approval, the City Council accepts the special grant condition contained in paragraph 18 with the understanding that HUD's intent was to cite examples of actions which the City may take.in furthering fair housing. Within the 180 days specified in the grant condition, the City of Lubbock will consider a).] or a combination of the alternatives identified and will develop the most suitable strategy for Lubbock's needs. It is the intention of the City of Lubbock to meet its obligations to affirma- tively further fair housing in a -timely manner. The Area Office will be advised of the City's actions in this matter. Sincerely, go DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT J � s DALLAS AREA OFFICE d* *o +ci 2001 BRYAN TOWER -FOURTH FLOOR DALLAS, TEXAS 75201 May 30, 1980 REGION VI Honorable Bill McAllister Mayor of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Mayor West: DECEIVED jU q i 1980 MAYOR'S OFFICE Subject: Project ho. B_W_JsG_"E O'022, City of Lubbock Community Development Block Grant 1N REPLY REFER TQa 6.1CS I am pleased tc inform you that we have approved the application identified above in the amount of $39181,000.00. The approved program year is from MaY 319 1980 through Mey 30, 1981. We encourage you to clear any contract conditions and initiate the approved projects as soon as possible. Future participation in the CDEG program depends considerably on your performance in carrying out this program in a timely manner. Although your application has been approved, you may not spend any Community Development Block Grant funds or commit any.. funds for any of your proposed activities that require environmental clearance until you have received HUD release of grant conditions pursuant to 24 C.F.R., Part 58. Therefore, you should not start those activities until you have either completed the environmental.review, and have received notification of clearance from this office or have made and documented the determination in your environmental review record that an activity is exempt from environmental clearance in compliance with 58.21(c). On October 81'1978t HUD's Contract Compliance Program for Executive Order 11246 was transferred to the Department of Labor's Office of Federal Contract Compliance. With that transfer, HUD's Fair Housing and Equal Opportunity Office's responsibility for enforcement of Executive Order 11246 ceased. Questions concernin compliance with Executive Order 11246 should be directed to the following: This is anew address.) Assistant Regional Administrator - Office of Federal Contract Compliance Department of Labor 555 Griffin Square, Room 505 Dallas, Texas 75202 214/767/4771 Enclosed are three copies of Form HUD -70821 Funding Approval Under Title I of the Housing and Community Development Act of 1974. ,Please execute them and return two copies to this office. Upon pur receipt of the executed certracts, your Letter of Credit will be increased. 2 This approval of your application constitutes approval orly of activities scheduled for your current program year and should not be construed as approval of activities to be undertaken in succeeding program years. However, to the extent that no deficiencies are noted in this letter with respect to activities to be undertaken in future years, you may assume that subsequent applications that conform to your 3 year Comprehensive Plan will generally be approved. Of course, subsequent applications that conform to the Plan may nevertheless be disapproved when substantial information contained in the subsequent application, or received through monitoring or other sources, indicates that the activities proposed are plainly inappropriate, ineligible, or do not meet other legal requirements. You should take note that Paragraph 18 of the Funding Approval (HUD -7082) contains a special condition regarding fair housing. As was indicated in my letter of April 15, 1980, each &lock Grant recipient provides assurance that it _will take affirmative action to further fair housing in both the administration of their housing and community development and in the private housing market. We urge that the city immediately takearc ionto clear tUjis special condition. If the Community Planning and Development or Equal Opportunity Divisions can provide any assistance, do not hesitate to contact them. The city's Community Development Program will result in a certain amount of direct and indirect displacement. The city should provide this office within the first 180 days of the FY 1980 program year a revised Displacement Strategy as required by 24 C.F.R. 570.304(b)(2)(v). The strategy should explore the extent to which CD funded rehabilitation and code enforcement result in displacement, and what measures can be taken to minimize adverse effects on low and moderateincome persons resulting from these activities. The city's strategy should also analyze the consequences of revitalization in the approved NSAs. In many cases hardships result from sharp increases in rents, property taxes or other housing expenses related to revitalization activities. Any consequent housing shortages or a reduced supply of housing available to low and moderate income persons as a result of CDBG revitalization efforts should also be explored. While the city's Housing Assistance Plan contains a Housing Locational Policy Plan it is not sufficient to meet the requirements of 24 C.F.R. 570.304(b)(2) (iii) regarding a strategy for increasing housing opportunities for low and moderate income persons. Essentially, the strategy should be revised to provide for actions that the city will take to promote greater choice in housing opportunities, including, but not limited to, acquisition of land for assisted housing development and provision of utilities to such sites. The revised strategy must be submitted to this office within the -first 180 days of the FY 1980 program year. 3 We look forward to working with you in this program. If we may of any assistance to you, please write me at the.address shown on our letterhead or telephone your CPD Re resentative, Mr. Gary Holtberg (214) 767-8322. S inc er elm i Area Y anager Enclosure We are enclosing a copy of the application, as approved, and you are reminded that this complete approved version must be made available to citizens pursuant to 24 C.F.R. 570.303(i)(2)(iii). eo*," (OW4" i SUMMARY OF APPROVED 1980-1981 COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES NEIGHBORHOOD REHABILITATION $1,825,000.00 The Urban Renewal Agency will continue to work in seven neighborhood strategy areas to improve housing conditions, and living standards for lower income families. The Agency provides NIDP loans (No Interest Deferred Payment) to low income homeowners to rehabilitate their home. In instances when the housing unit is sub -standard, the property is acquired and the residents are relocated to housing of their choice. Generally the family elects to rebuild on their original site. Arnett -Benson $568,170 Bean School 215,653 Meadowbrook Villa 137,980 Elliston 118,443 Phyllis Wheatley 283,518 Posey 165,236 Stubbs School 100,807 Administration 235,194 LUBBOCK DAY CARE #2: CONSTRUCTION $ 250,000.00 The City will construct a new day care facility in the vicinity of the existing Day Care Center #2 in the Arnett Benson neighborhood. The facility will be owned by the City and leased to the Lubbock Day Care Association which pro- vides low cost day care to lower income families. GEORGE WOODS COMMUNITY CENTER $ 139,402.00 The City will expand and rehabilitate the George Woods Community Center located in Northeast Lubbock off Zenith Drive. LAND ACQUISITION - SOUTH OVERTON PARK $ 110,000.00 The City is acquiring two additional parcels for the proposed park in the South Overton neighborhood. The half block park will be located on 14th Street between Avenue U and Avenue T. The Sixth Year program will result in the acquisition of half of the 12 parcels to be acquired. TRIPLE PUMPER FIRE TRUCK $ 90,000.00 The City will acquire a triple pumper fire truck to replace a 1950 truck. The new fire truck will be placed at Station A. 11TEM is (2) WEATHERIZATION PROGRAM $ 25,000.00 CDBG funds are used to supplement the Community Services Department's weatherization program. PARK IRRIGATION PROJECTS: RODGERS, WASHINGTON 8 $ 60,000.00 GUADALUPE The quick -coupler irrigation systems will be replaced with more efficient automatic irrigation systems. HUFFMAN ATHLETIC COMPLEX $ 162,000.00 A paved access road and a 400 car parking lot will be constructed adjacent to the softball quadraplex. The Huffman Athletic Complex is located north of Loop 289. EMERGENCY SHELTER FOR BATTERED PERSONS $ 60,000.00 The City will acquire a structure to be leased to the Women's Protective Services, Incorporated for an emergency shelter for victims of domestic violence. The site willbe in the vicinity of Texas Tech and downtown. CDBG CODE ENFORCEMENT AND INTENSIFIED CODE ENFORCEMENT $ 226,000.00 CDBG funds will continue to supplement the City's efforts to locate and remove substandard structures, junk cars, to mow weeds, enforce zoning and environ- mental ordinances. The Intensified Code Enforcement program will continue to concentrate efforts on single family housing unit conversions and building code violations. SECURITY PATROL - GREENFAIR MANOR $ 43,500.00 The Lubbock Housing Authority uses CDBG funds to provide a 12 hour security patrol at Greenfair Manor public housing project. This is the third year of the public service. LAND USE UPDATE $ 2,100.00 The Planning Department is preparing an update of the City's Comprehensive Land Use Plan for 1990.. The CDBG funds will be used to print the document. SIDEWALKS TO ESTACADO & HUNT SCHOOLS $ 58,800.00 The City will construct 4 foot sidewalks along the west side of Quirt Avenue from Parkway Drive to Itasca and along the south side of the access road to Hunt Elementary School. (3) 29 Q1 SOUTH LAKE 6 ROAD $ 92,500.00 The City will continue to develop the Canyon Lakes Project - Lake 6 area. A road will be constructed on the south side of Lake 6 along the lake beginning east of the waterfall. INDIRECT COST $ 50,535.00 The City may recover a percentage of indirect costs associated with the operation of the CDBG Grant program. The amount of indirect costs re- coverable is based on an approved Cost Allocation Plan. CDBG PLANNING & MANAGEMENT $ 91,500.00 The administrative costs associated with the CDBG program include salaries for four full-time and one part-time person. In addition, costs for audits, application development, and office operations are included.