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HomeMy WebLinkAboutResolution - 593 - CD Funding Agreement- Busniness Development Center Of America G.I. Forum- Denied - 08/28/1980SMT:pc RESOLUTION #593 - DENIED 8/28/80 RESOLUTION 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 Community Development Funding Agreement between the City of Lubbock and Business Development Center of the American G. I. Forum, Inc. 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. C Passed by the City Council this day of ,1980. ATTEST: BILL McALISTER, MAYOR Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: �• C=�L -- ':5� Susan M. Tom, Assistant City Attorney f RESOLUTION #593 - DENIED 8/28/80 PSC? COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND BUSINESS DEVELOPMENT CENTER STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this day of , 1980, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Business Development Center of the American G. I. Forum, Inc. organized and existing under the laws of the State of Texas, hereinafter called "Agency". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Community Development Act of 1974, as amended; and WHEREAS, the Agency is a non-profit corporation having its principal office in the City of Fort Worth, Tarrant County, Texas, and having a field office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the Agency and the services it provides have been found to'meet the criteria for funding under provision 24CFR570.204(a)(3); (c)(1) of the Community Development Regulations; and WHEREAS, it is a proper public purpose to assist the socially and economi- cally disadvantaged, veterans, and the handicapped to buy a business, expand a business, and contract for public and private services and construction contracts, thereby increasing employment in the area and affording these persons with a fair share of business opportunities. WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; there is sufficient assurance through statutory and contractual requirements and through continuing supervision by the City that the public purpose will be accomplished; there is sufficient protection of the handling of public money; and there is adequate consideration passing to the City in the form of substantial public benefit; NOW THEREFORE, the City and the Agency do hereby mutually agree as follows: 1. The Agency agrees to perform and do such activities as may be necessary to provide the technical and management assistance to the socially and economi- cally disadvantaged, veterans and handicapped in obtaining new businesses, ex- panding a business and procuring contracts for services and construction. 2. To aid in the carrying out of the agreedservices, the City shall apply for funds from the Department of Housing and Urban Development, and such funds when received by the City shall be disbursed as provided herein, with the total amount of such funds not to exceed Forty -One Thousand, Nine Hundred and Sixty -Five Dollars ($41,965.00). It is understood and hereby agreed that it shall be the responsibility of the Agency to perform and do the activities and services set forth in this agreement as consideration for the funds secured and disbursed by the City hereunder. 3. It is agreed that the Agency will hire additional staff consisting of one professional procurement officer and one secretary to be responsbile for implementing the objectives set forth below to eligible clients, as defined in paragraph 4 below, residing within the Lubbock city limits: A. To explain the Economic Development Program to at least 200 persons within the contract year. B. To assist at least 175 persons with management and technical assistance within the contract year. C. To service/process at least 60 loan request proposals for qualified/ qualifiable clients. D. To obtain financing (approval of loan requests) for at least 30 clients in the amount of at least $450,000. E. To procure and/or generate $250,000 for service or construction contracts to minority suppliers and vendors. F. To provide on-going management and technical assistance to at least 30 clients as they require assistance. 4. An eligible client is defined herein as a socially or economically dis- advantaged person, a veteran, or a handicapped resident of the City of Lubbock whose existing or projected business grosses less than $150,000 annually and has fewer than 5 employees. The client must be otherwise ineligible for assistance under the guidelines of the Minority Bussiness Development Agency of the Department of Commerce. 5. The Agency will make a good faith effort to achieve at a minimum one- fourth of the stated objectives each calendar quarter. The agency will submit monthly reports to the City describing the measureable results of the program funded under this agreement. The monthly reports shall at a minimum include the name, address, and telephone of any client assisted, the type and result of the assistance provided and any difficulties encountered. These reports shall be tendered at the time of submission of monthly requests for payment. 6. The Agency agress that the program described herein will provide additional services to the City of Lubbock and is not a substitute for local efforts maintained prior to the effective date of this agreement. 7. The City agrees to provide the Agency, within the 12 month contract period, .funds not to exceed $41,965.00, regardless of the total cost of the program, as set forth -in -the detailed budget below: Personnel Business Analyst/Procurement Specialist $13,500 Secretary/Packager 11,000 Administrative Cost at 20% 4,900 $29,400.00 Fringe Benefits Group Insurance $ 1,680 State and Federal Unemployment 365 Workmen's Compensation 180 Retirement Plan (Annuity) 1,840 $ 4,065.00 Travel Local Travel $ 1,100 Out of Town 900 $ 2,000.00 Equipment Office Equipment/Xerox 2,000 $ 2,000.00 Other Consumable Supplies $ 480 Postage 120 Printing & Publications 300 Office Space 2,400 Communications 1.200 $ 4,500.00 TOTAL PROJECTED EXPENSE $41,965.00 8. It is agreed that the funding provided hereunder shall be made on a monthly basis in advance following receipt from the Agency by the 20th day of each month of an itemized statement of anticipated expenses for the coming month. 9. The City agrees to make advance payments on or before the last day of each month during the contract term. The Agency shall keep all monies granted hereunder in a separate bank account designated only for these funds, and shall not commingle these funds with any other monies. The Agency further agrees to notify the City of any additional funding which it may receive. 10. .The Agency agrees to maintain records reflecting the actual expenditures by budgeted line -items, incurred under this agreement, and to tender an actual expenditure report monthly at the time of submission of the request for payment for the coming month. The City shall have the right of access to Agency records, properties and offices at any time to inspect or otherwise evaluate the work performed or being performed hereunder. The City will perform an audit of the records maintained pursuant thereto at the end of six months and at the close of the twelve month contract term. Such audit may be performed either by the City's Internal Audit Staff or by an independant Certified Public Accountant selected by the City. 11. The Agency expressly agrees that expenditures incurred under this agreement shall be in accordance with and shall not exceed the budgeted line -item amounts. 12. The City hereby designates the Community Development Coordinator as its single point of contact with the Agency. All reports and other communications relative to this agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. 13. The Agency agrees that the performance of work and services pursuant to the requirements of this agreement shall conform to high professional standards. 14. The Agency shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. 15. For purposes of determining venue and the law governing this agreement, activities performed under this agreement are performed in the City and County of Lubbock, State of Texas. 16. The City shall not be subject to any of the obligations or liabilities of the Agency incurred in the performance of this agreement. The Agency expressly agrees to indemnify and hold harmless the City for any and all liabilities and obligations incurred due to the negligence of the Agency, its employees, officers, agents, sub -contractors, or agencies, or the negligent acts or omissions, breaches of contract of the agency or its employees, officers, agents, subcontractors or agencies. 17. The Agency hereby certifies and assures the City that in the performance of this agreement it will be cognizant of, comply with, and enforce the provisions of the Housing and Community Development Act of 1974 as amended (PL 93-383), and the rules and regulations of the U.S. Department of Housing and Urban Renewal as amended made pursuant thereto, including, but not limited to, those published in Title 24 of the Code of Federal Regulations. The Agency further certifies and assures the City that it will be cognizant of, comply with, and enforce to the extent required by law all other applicable federal and state statutes, local ordinances, rules and regulations, and department procedures or directives of the U.S. Department of Housing and Urban Development. 18. It is understood and hereby agreed that the Agency shall not deny benefits to or discriminate against any person on the basis of race, color, religion, age, sex, or national origin in the performance of any activities funded under this agreement. 19. It is understood and agreed that this contract may be terminated by City, in whole or from time to time in part, whenever such termination is determined by City to be in the best interest of City. Termination will be effected by delivering to Agency a notice of termination, specifying to what extent performance of the work under the contract is being terminated and the effective date of termination. After receipt of notice of termination, Agency shall: (a) Stop work under the contract on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts except as may be necessary for completion of the work not terminated; and (c) Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the notice of termination. Within thirty (30) days following the date of any termination, Agency shall return to City any unused portion of federal monies distributed hereunder. It is expressly agreed that this agreement is entered into on the condition that should the Agency fail to timely fulfill its obligations,.or should it violate any of the covenants, agreements and stipulations thereunder during the initial ninety (90) days, the agreement shall be re-evaluated and declared null and void and immediately terminated. 20. No equipment shall be purchased nor labor sub -contracted by the Agency pursuant to this agreement without the prior written approval of the Community Development Coordinator. Any equipment, furniture or supplies purchased under this agreement shall become the property of the City upon its termination and will be returned to the City within thirty (30) days of that date. 21. The Agency shall not assign, sell, or transfer any interest in this con- tract without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Center under this agreement may be assigned to a bank, trust company, or other financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer for such claims for money due or to become due shall be furnished to the City immediately. 22. The Agency covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the per- formance of services required to be performed under this agreement. The Agency further covenants that in the performance of this agreement no person having any such interest shall be employed. 23. No officer, member or employee of the City; no members of its governing body; and no other public official of the governing body of the locality in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this agree- ment which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 24. 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 agreement or to any benefit to arise herefrom. 25. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to: Community Development Coordinator, City of Lubbock; Executive Director, Business Development Center. 26. Regardless of the date of execution hereof, this agreement shall become effective on the date that the U. S. Department of Housing and Urban Development officially authorizes the release of funds for the projects and activities provided under this agreement and in no event shall costs be incurred or funds expended under this agreement until such effective date. This agreement shall terminate twelve months from the effective date, or as provided in paragraph 19, whichever first occurs. 27. The Agency agrees and is hereby bound in the execution of this Agreement by the requirements and provisions as set forth in Part II - Terms and Conditions Funding Agreement, Community Development Block Grant Program. 28. This agreement contains the entire agreement of the parties; and no representations, inducements, or other covenants between the parties not in- cluded herein shall be of any force or effect. IN WITNESS WHEREOF, the City and.the Agency have executed this agreement as of the first day above written. CITY OF LUBBOCK BILL McALISTER, MAYOR ATTEST: Evelyn Gaffga, City Secretary -Treasurer APPROVED: Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: Susan M. Tom, Assitant City Attorney BUSINESS DEVELOPMENT CENTER OF THE AMERICAN G. I. FORUM, INC.: EXECUTIVE DIRECTOR ATTEST: Secretary PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Con- ditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (:a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or Division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Development Program. (d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the requirements of 24 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 Agree- ment. 2. "Section 3" Compliance in the Provision of Training Employment and BusinessOpportunities: 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 regu- lations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT. A. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12. U.S.C. 1701U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connect- ion with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities re- quired by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or represent- ative of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract for work in connection with the.project and will, at the direction of the applicant for or recipient of Federal fin- ancial assistance, take appropriate action pursuant to the sub- contract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Develop- ment, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with.a preliminary statement of ability to comply with the requirements of these regulations. F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. The Grantee shall provide such.copies of 24.CFR Fart 135 as may be necessary for the information of parties to contracts required to contain the above Section 3 clause. 3. Flood Disaster Protection: The agreement is subject to the requirements of the Flood Disaster Pro- tection 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 compliance with the requirements for -participation in the national flood insurance program pursuant to Section 201(d) of said Act; 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(a) 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 identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended 42 U.S.C. 4001 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. 4. Equal Employment Opportunity: (a) Activities and contracts not'sub ect to Executive Order 11246, 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 applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the. Government setting for the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, 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 contracts shall be subject to HUD Equal Employment Opportunity regulations 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 regulations., which is paid for in whole or in part with assist- ance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure 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 in- clude, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, in- cluding apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth -the provisions of this nondiscrimination clause. (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 representative 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' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 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 City and by the Department of Housing and Urban Development 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 nondiscrimi- nation 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 ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor''issued pursuant to Section'204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 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 work; 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 sub -division of such government which does not participate in work.on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the City and HUD in the discharge of HUD's primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive.Order 11246 of September 24, 1965, 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, Sub -Part D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with.these undertakings:, the City or the Department of Housing and Urban Development 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 occurred until satisfactory 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 Hazards: The construction or rehabilitation of residential structures with assist- ance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint -hazards under subpart B of said regulations, and the Grantee shall beresponsible for the inspections and certificates 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, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Pro- tection 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 the Agreement, the following requirements: (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 of Section 114 of the Clean Air Act, as amended, (42 USC 1857c=8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, 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, EPA, indicating that a facility utilized 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 paragraphs (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 enforcing such provisions. In no event shall any amount of the assistance provided under this Agree- ment 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 Control Act. 7. Federal Labor Standards Provisions: 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 Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprenctices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352)'and HUD regulations with respect thereto including the regulations under 24 CPR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted inthedeed or lease for 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 any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations. of Grantee. with.Respect,to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under lawful requirements of the City 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 City's Assurances and certificates including those with respect to the assumption of environmental responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain federal Officials: 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 Agree- ment or to any benefit to arise from the same. 11. Interest of Members, Officers., or Employees of City, Members of Local Goyerning'Body, or'Other Public Officials: No member, officer, or employee of the City, 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 exercise any functions or responsibilities with respect 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 connecton with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be 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 Commission: 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 applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. SCHEDULE FOR AMENDING THE 1979-82 COMMUNITY DEVELOPMENT AND HOUSING PLAN 1. Develop the Proposed Amendment: A. Identify the economic needs of the community; especially the needs of the low income or minority residents. B. Develop a comprehensive economic strategy.for meeting the defined needs. 2. Submit the proposed amendment to the community for citizen participation. 3• Present the proposed amendment in two public hearings. k. Submit the proposed amendment to the South Plains Association of Governments for A -95 -Review. SPAG has 30 days for review and comment. 5• Submit the proposed amendment to the HUD Area Office for approval. HUD has 30 days in which to respond to the amendment. The amendment process takes at least 90 days after the amendment has been prepared. TIME TABLE ALTERNATIVES I. Amend at this time: September — Develop the proposed amendment to the Three Year Plan. October 7 - CDAC conducts neighborhood meeting to gather citizen input. October 12 - Publish Notice of Public Hearing. October 23 - City Council conducts the first public hearing on the pro- posed amendment. November 2 - Publish Notice of Public Hearing. November 13 - City Council conducts final public hearing and approves sub- mission of the proposed amendment to the HUD Area Office. City Council may consider the allocation of contingency funs for the Business Development Center and submit the requested project as part of the proposed amendment. (2) November. 19 - Submit the proposed amendment to SPAG and the State Clearing House for A-95 Review. December 19-23 - Submit the proposed amendment to HUD for approval. January 23 - HUD approves the proposed amendment to the 1979-82 Three Year Plan. 11. Amend as part of the Seventh"Year Application. September — October - Develop the proposed amendment.. October 21-30 - Submit the proposed amendment during the 1981-82 Neighbor- hood planning meetings. November 17-18 - CDAC considers the proposed amendment as part of the 1981-82 Application recommendations. .December 11 - City Council conducts the first public hearing on the 1981-82 Annual Application and proposed amendment to the Three Year Plan. January 8 - City Council, conducts the final public hearing and authorizes submission to HUD of the 1980-81 Annual Application and proposed amendment to the Three Year Plan. The requested funding of the BDC may be included as part of theT1981-82 application. January 19 Submit the 1981-82 Annual Application and proposed amendment to A-95 Clearinghouses (SPAG and STATE) March 17 - Submit the 1981-82.,Annual Application and proposed amendment to the HUD Area Office for approval. June 1 HUD approves the 1981-82 Application and amendment to the Three Year Plan.