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HomeMy WebLinkAboutResolution - 189 - Agreement - URA - CD Funding 1979-80 - 06/28/1979Mn' {f f RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A'',COMMUNITY DEVELOPMENT FUNDING AGREEMENT FOR CD FUNDING YEAR 1979/80 BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS,The City of Lubbock is obligated to do and perform certain services in its undertaking of a Community Development and Housing Plan pursuant to the Housing jand',Development Act of 1974 as amended; WHEREAS, The Urban Renewal Agency of the City of Lubbock is a public body, corporate and politic, created pursuant to Art. 1269L3, V.A.C.S., and as transactinglbusiness and exercising the powers granted by said law; and WHEREAS, The City of Lubbock desires to contract with the Urban Renewal Agency of the City, of Lubbock to provide and do certain activities and services pursuant to!th'e Housing and Community Development Act of 1974 as amended and the related, rules and regulations of the Department of Housing and Urban Development; and the Urban Renewal Agency of the City of Lubbock is authorized by law and is willing to carry out such activities; 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 Community Development'Funding Agreement 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. Passed by the City Council this 28th day of June ,1979. -- tf!n WEST, MAYOR �.A TEST elyn Gaf ga, ity Se a Treasurer APROLF0.t"� 'TO CONTENT. Vicki r, Community Development Coordinator APPROVED AS TO FORM: W.M. McKamie, Assistant City Attorney COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 28th day o June , 1979, between the City of Lubbock, a rule municipal corporation, hereinafter called "City" and t Urban Renewal Agency of the City of Lubbock, Texas, a munic corporation hereinafter called "Agency." WITNESSETH: WHEREAS, the CITY is obligated.to do and perform certain services in its undertaking of a Community Development Plan pur- suant to the Housing and Community Development Act of 1974 as amended; WHEREAS, the AGENCY is a public body, corporate and politic, created pursuant to Art. 12691-3, V.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the CITY desires to contract with the AGENCY to provide and do certain activities and services pursuant to the Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and said AGENCY is authorized by law and is willing to carryout such activities; 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 rehabilitation and reloc- ation assistance programs as well as to make acqui- sitions deemed necessary and described in the Community Development and Housing Plan 1979-82 and the Annual Application which begins June 1, 1979 and continues to May 30, 1980, and the specific Urban Renewal Plan ap- proved and adopted by the City Council, pursuant to and under the authority of Article 12691-3, V.A.C.S. 2. To carry out the agreed services, the City will apply for funds from the Department of Housing and Urban Development and such funds when received by the City shall be paid to the Agency to carry out such services, the total amount paid not to exceed two million, three hundred eighty-nine thousand, four hundred and sixty two dollars ($2,389,462.00). 3. The Agency will perform the activities set forth in this agreement in such areas of the -City heretofore designated as Neighborhood Strategy Areas and which bear specific designations as Area 7C, Area 17A, Area 20A, Area 25A, Area 26C, Area 27A and Area 29A. The site locations are indicated in Exhibit A (attached). The named and described areas are within designated Community Development Rehabilitation and Redevelopment Areas. Plans for each of the said areas are set forth in a specific Urban Renewal Plan which includes the objectives, land -use, techniques for carrying out each plan, procedures for changing any plan, property re- habilitation standards, specific restrictions, boundary descriptions, and acquisition maps-- adopted by the City Council in accordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the Urban Renewal Agency and to all of which reference is here made and by reference made a part hereof for all particulars as though fully set out herein. 4. The governing body of the Agency, the Agency's Board of Commissioners, shall adopt such policies as may be necessary to guide the Agency in the execution of the obligations and activities authorized by this agreement. Such policies shall be adopted after consideration of recommendations made by the Director of Planning of the City and the Executive Director of the Agency. 5. It is understood and hereby agreed that it shall be the responsibility of the Agency to implement the Com- munity Development and Housing Plan, under which an Urban Renewal Plan for each of the designated areas has been adopted and to this end the Agency shall be responsible and obligated to do and provide the following: A. Rehabilitation. All rehabilitation assis- tance for of rest ential and commercial struc- tures, if any, including the administration and processing of no -interest deferred payment loans, the supervision and administration of the rehab- ilitation work in respect thereto, the adminis- tration and processing of Section 312 loans, and the supervision and administration of said rehab- ilitation work in respect thereto, will be per- formed and carried out by the Agency within the designated areas and throughout the entire neigh- borhood encompassed by an urban renewal plan of which said areas are a sub -area or portion thereof., Further, the Agency, in accordance with an Agreement with the Federal Government and the City of Lubbock, is prove Section 31 . en the authority to directly ap- 2 loans and will act under such authority through properly designated Agency officials. The Agency in approving such loans agrees to comply with the policy of the Department of Housing and Urban Development, subject to the availability -- of funds as determined by that Department, and to comply with the regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. B. 'Relocation. All relocation assistance pro grams available -to families, individuals and bus- inesses displaced by Community Development activ- ities of the City within the designated areas will be provided by the Agency. -2-. Further, the Agency will act as the Central Re- location Agency for the City of Lubbock, providing such technical services to the City as the City deems necessary and desirable in connection with relocation assistance to families, individuals and businesses displaced by governmental action of the City, within the boundaries of the City, including real estate acquisition by the City. In this con- nection, the Agency will be reimbursed by the City for its administrative and other costs in providing such services and technical assistance. The Agency agrees to comply with and will main- tain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and require- ments promulgated by the Department of Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 as amended with respect to relocation assis- tance and services provided hereunder. C. Real Estate Acquisition. The Agency agrees to acquire by purchase, dedication or eminent domain proceedings such properties within the designated areas set forth in the Community Dev- elopment Plan for the City as are reasonably nec- essary to achieve the Urban Renewal objectives within the said areas. Further, the Agency will provide such technical assistance to the City as the City deems necessary and desirable in connection with real estate.acquisition and disposition of properties within the boundaries of the City. In this connection, the Agency will be reimbursed by the City for its administrative and other costs in providing such services and technical assistance. The Agency agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the De- partment of Housing and Urban Development pursuant to said Act, and the Housing and Community Devel- -opment Act of 1974 as amended, in the acquisition of properties pursuant to the Community Development Plan of the City. D. Public Im rovements. The Agency shall make .or cause to be made such public improvements with- in the designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 6. It is agreed that the City shall pay to the Agency in amount not to exceed two million, three hundred eighty-nine thousand, four hundred and sixty-two dollars ($22,389,462.00) for the services performed under this agreement with such payment to be paid upon sub- mission of a request for payment by the Agency to the Community Development Coordinator. The Agency will be paid for the costs of rendering and performing the services herein agreed upon as set forth in the Work Program,, Exhibit B (attached). -3- 7. Amendments to the Work Program, Exhibit B, which amounts to less than 20% of the total funding of each area authorized by this agreement may be made by the Agency with the approval of the City Manager. Any change which singly or cumulatively constitutes a shift of 20% or more in the amount of funds allocated for.each area may be made by the Agency only after approval by the Agency's Board of Commissioners and by the City Council. 8. The Agency shall furnish the City with any appropriate reports regarding the status of the projects or services being funded under this agreement. Such reports shall contain all the information as may be requested by the City's Community Development Department regarding the performance of the Agency's activities. The City shall advise the Agency as to the form and content of these reports. 9. The Agency, in compliance with Article 12691-3, Sec- tion 16(c), V.A.C.S., shall file with the City on or before March 31st of each year a report of its activi- ties for the preceding calendar year. The report shall include a complete financial statement by the Agency setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 10. The City hereby designates the Community Development Coordinator as its single point of contact with the Agency. All reports or other communications relative to this agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. 11. The Agency shall be deemed at all times to be an inde- pendent contractor and nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Agency. 12. The City shall have the right of access to Agency records, properties, and offices at any time for the purpose of verifying that the Agency is in compliance with the terms of this agreement. 13. The activities performed by the Urban Renewal Agency with funds provided under this agreement shall be per- formed within the Community Development target areas. For purposes of determining venue and the law governing this agreement, activities performed under this agree- ment are performed in the City and County of Lubbock State of Texas. 14. 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 in- demnify and hold harmless the City for any and all lia- bilities 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, sub -contractors or agencies. Notwithstanding the foregoing, no personal liability shall be imposed on the individual officers of the Agency, but the Agency alone. -4- 15. The Agency hereby certifies and assures the City that in the performance of this agreement it will be cog-' nizant 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 Development 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 where applicable and to the extent required by law all other applicable Federal or State statutes, local ordinances, rules or regulations or department procedures or directives of the U.S. Depart- .ment of Housing and Urban Development. 16. It is understood and agreed that the Urban Renewal Agency shall not deny benefits to or. discriminate a- gainst any person on the basis of race, color, religion, age, sex or national origin in the performance of any activities funded under this agreement. 17. This agreement may be terminated by any one of the following: A. If through any cause the Agency shall fail to ful- fill in'timely and proper manner its obligations under this agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this agreement, the City shall thereupon give written notice of such violations to the Agency. Within twenty (20) days after such notice, the Agency shall inform the City in writing of cor- rective actions taken. The Agency shall use due diligence to correct any and all violations and in the event the violations are not corrected within a reasonable time under the circumstances the City will give notice to the Agency to appear before the City Council in open session to show cause why this agreement should not be terminated. Upon hearing discussion and argument on the matter, the City Council shall either continue the agree- ment in full force or terminate the agreement. B. This agreement shall at all times be subject to any corrective actins taken or directives issued by HUD in relation to the City, and the Agency shall comply with any such communications received by City from HUD, including termination of this agreement.. 18. 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 the following Community Development Coordinator, City of Lubbock; Executive Director, Urban Renewal Agency of the City of Lubbock. -5- 19. The Agency represents that it has or will secure at its own expense all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relation- ship with the City. All personnel..having financial management or the management of money as a part of their duties and who perform services under this agreement shall be bonded. No person who is serving a sentence in a penal or correctional institution shall be employed or work under this agreement. 20. The Agency agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 USC 1701u, and Section 202 of Executive Order 11246, a copy of each such sections being attached hereto, marked Part II -Terms and Conditions (pages 2 through 5), and by reference made a part hereof for all particulars as though fully set out herein. 21. None of the services covered by this agreement shall be sub -contracted without the prior written consent of the City. The Agency shall be fully responsible to the City for the acts and omissions of its sub -contractors and of persons either directly or indirectly employed by it. 22. The. Agency shall not assign any interest in this agree- ment and shall not transfer any interest in the same whether by assignment or novation without the prior written approval of the City; provided however that claims for money due or to become due to the Agency from the City 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 such assignment or transfer shall be furnished to the City immediately. 23. No members of the City Council of the City and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the project to which this agreement pertains shall have any personal interest, direct or indirect, in this agreement or the proceeds thereof. 24. No member of the City Council of the City in which the project area is situated and no other public official of such locality who exercises any functions or respon- sibilities in the review and approval of the carrying out of the project to which this agreement pertains shall have any personal interest, direct or indirect, in this agreement or the proceeds thereof. 25. 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. 26. The Agency covenants and agrees that it presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Agency further covenants that in the performance of this agreement no person having any such interest shall be employed. -6- 27. Regardless of the date of execution hereof, this agree- ment shall become effective on the 1st day of June 1979, and shall terminate upon completion of the de- signated projects and activities or as provided in paragraph 17, above. 28. 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. 29. This agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITP;ESS WHEREOF, the City and the Agency have executed this agreement as of the first day above written. CITY OF LUBBOCK ATTEST--;'--__ -Eve yn Ga ga, City S c tary- reasurer AP OVER: t JL� is z Oster Community Development Coordinator APPROVED AS TO FORM: W. M. McKamie, Asst. City Attorney URBAN AW CITY LU OF ATTEST: Y, BOARD OF COMMISSIONERS No Text "EXHIBIT B" WORK PROGRAM AREA 7c (Arnett Benson) y Estimated Cost $ 643,877.00 Estimated Work Program 1.' Acquisition 19 parcels 2. Relocation 10 Owner -occupants 8 tenants 2 businesses 3. Rehabilitation 10 housing units 4. Public Works & Site Improvements 2320 LF of 4' wide concrete sidewalk AREA 17A (Phyllis Wheatley) Estimated Cost $ 524,000.00 Estimated Work Program 1. Acquisition 21 parcels 2. Relocation 10 owner -occupants 10 tenants 4 businesses 3. Rehabilitation None Proposed 4. Public Works & Site Improvements None Proposed AREA 20A (Meadowbrook) Estimated Cost $ 116,969.00 Estimated Work Program 1. Acquisition 4 parcels 2. Relocation 3 owner -occupants 3. Rehabilitation None Proposed 4. Public Works & Site Improvements 3170 LF of 4' wide concrete sidewalk AREA 25A (Elliston) Estimated Cost $ 306,238.00 Estimated Work Program 1. Acquisition 8 parcels` 2. Relocation 4 owner -occupants 3 tenants 1 business 3. Rehabilitation 7 housing units 4. Public Works & Site Improvements 1668 LF of 4' wide concrete sidewalk 500 LF of AC waterline "Exhibit B" Work Program Page 2 AREA 26C (Bean School) Estimated Cost $ 371,294.00 Estimated Work Program 1. Acquisition 8 parcels 2.' Relocation 3 owner -occupants 4 tenants 1 business 3. Rehabilitation 5 housing units •4. Public Works & Site Improvements 2135 LF of 4' wide concrete sidewalks AREA 27A (Posey East) Estimated Cost $ 256,450.00 Estimated Work Program 1. Acquisition 10 parcels 2. Relocation 3 owner -occupants 8 tenants 1 business 3. Rehabilitation 2 housing units 4. Public Works & Site Improvements 3800 LF of 4' wide concrete sidewalk AREA 29A (Stubbs) Estimated Cost $ 170,634.00 Estimated Work Program 1. Acquisition 7 parcels 2. Relocation 4 owner -occupants 3 tenants 1 business 3. Rehabilitation None Proposed 4. Public Works &.Site Improvements 2800 LF of 4' wide concrete sidewalk 2100 LF of AC waterline TOTAL COST $2,389,462.00 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 Conditions 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 Develop- ment (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 Develop- ment Program. (d) Assurances, when capitalized, means the certifica- tions 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 there- of, with respect to which assistance is being provided under this Agreement. 2.. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: 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 135, and any applicable rules and orders of HUD issued there- under 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 PROJECTS. 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 t 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 connection 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 affir mative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and the making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities required by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or representative of workers with which he has.a. collec tive bargaining agreement or other contract or understand- ing, if any, a notice advising the said labor organization or workersrepresentative 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 subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the sub- contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 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 regula- tions. F. Compliance with the provisions of Section 3, the re- gulations 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 assis tance, 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 Part 135 as may be -necessary for the information of parties to contracts re- quired to contain the above Section 3 clause. 3.'. Flood Disaster Protection: 1 The 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 acquisi- tion 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 in- surance 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 trans- feree 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(a) 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 subject to Executive Order 11246 as amended. In carrying out the program, the Grantee s a l 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 ter- mination; rates of pay or other forms of compensation; and se- lection 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 forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consider- ation 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 e subject to HUD Equal Emp oyment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construc- tion 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 assistance 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 applicant 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 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the con- tracting officer setting forth the provisions of this nondiscrim- ination clause. ,(2) The contractor will, in all solicitations or advertise- ments 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 rep- resentative 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, regula- tions, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination 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 fed- erally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceeding paragraph (1) and the provisions of para- graphs (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 prac- tices 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 subdivision 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 op- portunity 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.respon- sibility 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 as- surance 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 assistance 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 residen- tial 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 be responsible for the inspections and certif- icates 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 Pol- lution Control Act, as amended, 33 UHC 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 there- under 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 re- quirements 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 Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Actor 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 as- sistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable re- quirements 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 apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state of 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 in- eligible 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 o 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 CFR Part I. In the sale, lease or other transfer of lead 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 in the deed 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 dis- criminate. 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 Agreement or to any benefit to arise from the same. 11. Interest of Members. Officers or Employees of Cit Members of Local Governing 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 respon- sibilities 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 connection with the program assisted under the Agreement.. The Grantee shall incorporate, or cause to be in- corporated, 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, man- agerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. RESOLUTION N0. 2284 RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY WITH RESPECT TO 5TH YEAR COMMUNITY DEVELOPMENT ACTI- VITIES WHEREAS, the City of Lubbock is undertaking a Community Development Plan pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, the City desires to contract with the Urban Renewal Agency to have the said Agency carry out certain activities pursuant to the Act as amended; and WHEREAS, the activities pursuant to the Community Development Plan to be icarried out by the Agency are to include rehabilitation, relocation assistance and real estate acquisition in certain areas designated by the City as "Communi Development Rehabilitation and Redevelopment Areas" as set forth in the said Plan; and WHEREAS, pursuant to said Plan the City will provide to the Agency the sum of $2,389,462.00 for the purpose of carrying out and performing the said activities pursuant to such. Plan; and WHEREAS, an agreement entitled "Community Development Funding Agreement bel tween the City of Lubbock and the Urban Renewal Agency of the City of Lubbock" for said..5th Year Community Development Activities has been presented to the IAgency for approval and execution. # NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK: ii SECTION 1. THAT said agreement be and is hereby approved, subject to the deletion of Section 17c of said agreement. SECTION 2. THAT the Chairman be and is .hereby authorized to execute said �i funding agreement with Section 17c deleted -with the City of Lubbock.on•be- half of the Urban Renewal Agency, for the carrying out of certain activities as are set forth in a Community Development Plan that has been prepared and' l; submitted to the Department of Housing and Urban Development, in accordance i� with and pursuant to the Housing and Community Development Act of 1974 as �k amended. li On motion of Commissioner' Sanchez , seconded by Commissioner Hassell , the above and foregoing Resolution was passed this 19th day of t June 1979, by the following vote: Commissioners voting "AYE": Braxton, Burbridge, assellSanchez, Stevens commissioners voting "NAY": None Xq -CHAIf1MAN ' ATTES�: , S {SECRETARY MEMORANDUM TO: Larry Cunningham DATE: June 27, 1979 City Manager FROM: H. 0. Alderson Exeucutive Director Urban Renewal Agency SUBJECT: Resolution Approving Execution of Funding Agreement The attached certified copy of the Resolution authorizing our Chairman to execute the proposed funding agreement by and between the City and the Agency was made subject to the deletion of 17c of the agreement. For y r information. H. 0. Alderson JUN 2 y 1979 CITY, SLWMy I ✓ v+ COMMUNITY DEVELOPMENT FUNDING AGREEMENT. , BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This. Agreement entered into this 28th day of .lune 1979, between the City of Lu ock, a home rule municipal corporation, hereinafter called "City" and the Urban Renewal Agency of the City of Lubbock, Texas, a municipal corporation hereinafter called 'Agency." WITNESSETH: WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of a Community Development Plan pur- suant to the Housing and.Community Development Act of 1974 as amended; WHEREAS, the AGENCY is a public body, corporate and politic, created pursuant to Art. 12691-3, V,A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the CITY desires to contract with the AGENCY to provide and do certain activities and services pursuant to the .Housing and Community Development Act of 1974 as amended and the related rules and regulations of the Department of Housing and Urban Development (HUD), and said AGENCY is authorized by law and is willing to carry out such activities; 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 rehabilitation and reloc- ation assistance programs as well as to make acqui- sitions deemed necessary and described in the Community Development and Housing Plan 1979-82 and the Annual Application which begins June 1, 1979 and continues to May,30, 1980, and the specific Urban Renewal Plan ap- proved and adopted by the City Council, pursuant to and under the authority of Article 12691-3, V.A.C.S. 2. To carry out the agreed services, the City will apply for funds from the Department of Housing and Urban Development and such funds when received by the City shall be paid to the Agency to carry out such services, the total amount paid not to exceed two million, three hundred eight -nine thousand, four hundred and sixty- two dollars (y2,389,462.O0). 3. The Agency will perform the activities set forth in this agreement in such areas of the City heretofore designated as Neighborhood Strategy Areas and which bear specific designations as Area 7C, Area 17A, Area 20A, Area 25A, Area 26C, Area 27A and Area 29A. The site locations are indicated in Exhibit A (attached). The named and described areas are within designated Community Development Rehabilitation and Redevelopment Areas. Plans for each of the said areas are set forth in a specific.Urban Renewal Plan which includes the objectives, land -use, techniques for carrying out each plan, procedures for changing any plan, property re - .habilitation standards, specific restrictions, boundary descriptions, and acquisition maps, all adopted by the City Council in accordance with law, all of which are on file in the Office of the City Secretary and the Office of the Executive Director of the Urban Renewal Agency and to all of which reference is here made and by reference made a part hereof for all particulars as though fully set out herein. 4. The governing body of the Agency, the Agency's Board of Commissioners, shall adopt such policies as may be necessary to guide the Agency in the execution of the obligations and activities authorized by this agreement. Such policies shall be adopted after consideration of recommendations made by the Director of Planning of the City and the Executive Director of the Agency. 5. It is understood and hereby agreed that it shall be the responsibility of the Agency to implement the Com- munity Development and Housing Plan, under which an Urban Renewal Plan for each of the designated areas has been adopted and to this end the Agency shall be responsible and obligated to do and provide the following: A. Rehabilitation. All rehabilitation assis- tance for of sesi ential and commercial struc- tures, if any, including the administration and processing of no -interest deferred payment loans, the supervision and administration of the rehab- ilitation work in respect thereto, --the adminis- tration and processing of Section 312 loans, and the supervision and administration of said rehab- ilitation work in respect thereto, will be per- formed and carried out by the Agency within the designated areas and throughout the entire neiggh- borhood encompassed by an urban renewal plan of which said areas are a sub -area or portion thereof. Further, the Agency, in accordance with an Agreement with the Federal Government and the City of Lubbockis given the authority to directly ap- prove Section 312 loans and will act under such authority through properly designated Agency officials. The Agency in approving such loans agrees to comply with the policy of the Department of Housing and Urban Development, subject to the availability of funds as determined by that Department, and to comply with the regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. B. 'Relocation. All relocation assistance pro gramsa a lab -le -to families, individuals • and bus- inesses displaced by Community Developmentactiv- ities of the City within the designated areas will be provided by the Agency. -2- Further, the Agency will act as the Central Re- location Agency for the City of Lubbock, providing such technical services to the City as the City deems necessary and desirable in connection with relocation assistance to families, individuals and businesses displaced by governmental action of the City, within the boundaries of the City, including real estate acquisition by the City. In this con- nection, the Agency will be reimbursed by the City for its administrative and other costs in providing such services and technical assistance. The Agency agrees to comply with and will main- tain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and require- ments promulgated by the Department of. Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 as amended with respect to relocation assis- tance and services provided hereunder. C. Real Estate Acquisition. The Agency agrees to acquire by purchase, dedication or eminent domain proceedings such properties within the designated areas set forth in the Community Dev- elopment Plan for the City as are reasonably nec- essary to achieve the Urban Renewal objectives within the said areas. Further, the Agency will provide such technical assistance to the City as the City deems necessary and desirable in connection with real estate acquisition and disposition of properties within the boundaries of the City. In this connection, the Agency will be reimbursed by the City for its administrative and other costs in providing such services and technical assistance. The Agency agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the De- partment of Housing and Urban Development pursuant to said Act, and the Housing and Community Devel- opment Act of 1974 as amended, in the acquisition of properties pursuant to the Community Development Plan of the City. D. 'Public �Im rro�ovements. The Agency shall make or cause tobema ed such public improvements with- in the designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 6. It is agreed that the City shall pay to the Agency in amount not to exceed two million, three hundred eighty-nine thousand, four hundred and sixty-two dollars ($2,389,462.00) for the services performed under this agreement with such payment to be paid upon sub- mission of a request for payment'by the Agency to the Community Development Coordinator. The Agency will be paid for the costs of rendering and performing the services herein agreed upon as set forth in the Work Program, Exhibit B (attached). -3- 7. Amendments to the Work Program, Exhibit B, which amounts .to less than 20% of the total funding of each area authorized by this agreement may be made by the Agency with the approval of the City Manager. Any change which singly or cumulatively constitutes a shift of 20% or more in the amount of funds allocated for each area may be made by the Agency only after approval by the Agency's Board of Commissioners and by the City Council.- S. ouncil:8. The Agency shall furnish the City with any appropriate reports regarding the status of the projects or services being funded under this agreement. Such reports shall contain all the information as may be requested by the City's Community Development Department regarding the performance of the Agency's activities. The City shall advise the Agency as to the form and content of these reports. 9. The Agency, in compliance with Article 12691-3, Sec- tion 16(c), V.A.C.S., shall file with the City on or before March 31st of each year a report of its activi- ties for the preceding calendar year. The report shall include a complete financial statement by the Agency setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 10. The City hereby designates the Community Development Coordinator as its single point of contact with the Agency. All reports or other communications relative to this agreement shall be addressed to the Coordinator or to a delegate expressly named by the Coordinator. 11. The Agency shall be deemed at all times to be an inde- pendent contractor and nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Agency. 12. The City shall have the right of access to Agency records, properties, and offices at any time for the purpose of verifying that the Agency is in compliance with the terms of this agreement. 13. The activities performed by the Urban Renewal Agency with funds provided under this agreement shall be per- formed within the Community Development target areas. For purposes of determining venue and the law governing this agreement, activities performed under this agree- ment are performed in the City and County of Lubbock State of Texas. 14. 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 in- demnify and hold harmless the City for any and all lia- bilities 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, sub -contractors or agencies. Notwithstanding the foregoing, no personal liability shall be imposed on the individual officers of the Agency, but the Agency alone. -4- 15. The Agency hereby certifies and assures the City that in the performance of this agreement it will be cog- nizant 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 Development 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 where applicable and to the extent required by law all other applicable Federal or State statutes, local ordinances, rules or regulations or department procedures or directives of the U.S. Depart- ment of Housing and Urban Development. 16. It is understood and agreed that the Urban Renewal Agency shall not deny benefits to or discriminate a- gainst any person on the basis of race, color, religion, age, sex or national origin in the performance of any activities funded under this agreement. 17. This agreement may be terminated by any one of the following: A. If through any cause the -Agency shall fail to ful- fill in timely and proper manner its obligations under this agreement or if the Agency shall violate any of the covenants, agreements or stipulations of this agreement, the City shall thereupon give written notice of such violations to the Agency. Within twenty (20) days after such notice, the. Agency shall inform the City in writing of cor- rective actions taken. The Agency -shall use due diligence to correct any and all violations and in the event the violations are not corrected within a reasonable time under the circumstances the City will give notice to the Agency to appear before the City Council in open session to show cause why this agreement should not be terminated. Upon hearing discussion and argument on the matter, the City Council shall either continue the agree- ment in full force or terminate the agreement. B. This agreement shall at all times be subject to any corrective actins taken or directives issued by HUD in relation to the City, and the Agency shall comply with any such communications received by City from HUD, including termination of this agreement. 18. 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 the following: Community Development Coordinator, City of Lubbock; Executive Director, Urban Renewal Agency of the City of Lubbock. -5- 19. The Agency represents that it has or will secure at its own expense all personnel required in performing the .services under this agreement. Such personnel shall not be employees of or have any contractual relation- ship with the City. All personnel having financial management or the management of money as a part of their duties and who perform services under this agreement shall be bonded. No person who is serving a sentence in a penal or correctional institution shall be employed or work under this agreement. 20. The Agency agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 USC 1701u, and Section 202 of Executive Order 11246, a copy of each such sections being attached hereto, marked Part II -Terms and Conditions (pages 2 through 5), and by reference made a part hereof for all particulars as though fully set out herein. 21. None of the services covered by this agreement shall be sub -contracted without the prior written consent of the City. The Agency shall be fully responsible to the City for the acts and omissions of its sub -contractors and of persons either directly or indirectly employed by it. 22. The Agency shall not assign any interest in this agree- ment and shall not transfer any interest in the same whether by assignment or novation without the prior written approval of the City; provided however that claims for money due or to become due to the Agency from the City 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 such assignment or transfer shall be furnished to the City immediately. 23. No members of the City Council of the City and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the project to which this agreement pertains shall have any personal interest, direct or indirect, in this agreement or the proceeds thereof. 24. No member of the City Council of the City in which the project area is situated and no other public official of such locality who exercises any functions or respon- sibilities in the review and approval of the carrying out of the project to which this agreement pertains shall have any personal interest, direct or indirect, in this agreement or the proceeds thereof. 25. 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. 26. The Agency covenants and agrees that it presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Agency further covenants that in the performance of this agreement no person having any such interest shall be employed. 10 27. Regardless of the date of execution herecf, this agree- .ment shall become effective on the 1st day of June '1979, and shall terminate upon completion of the de- signated projects and activities or as provided in paragraph 17, above. 28. 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. 29. This agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the City and the Agency have executed this agreement as of the first day above written. CITY OF LUBBOCK ri Mo'."Ntom- ATTEST: , MAYOR veE�ynr—Ga ga, City Secretary -Treasurer AP O1VED I'CL is i Oster Community Development Coordinator APPROVED AS TO FORM: c amie, Asst. City ttorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS ATTEST: E F COMMISSIONERS 4 "EXHIBIT B" WORK PROGRAM AREA 7c (Arnett Benson) Estimated Cost $ 643,877.00 Estimated Work Program 1. Acquisition 19 parcels 2. Relocation 10 Owner -occupants 8 tenants 2 businesses 3. Rehabilitation 10 housing units 4. Public Works & Site Improvements 2320 LF of 4' wide concrete sidewalk AREA 17A (Phyllis Wheatley) Estimated Cost $ 524,000.00 Estimated Work Program 1. Acquisition 21 parcels 2. Relocation 10 owner -occupants 10 tenants. 4 businesses 3. Rehabilitation None Proposed 4. Public Works & Site Improvements None Proposed 'AREA 20A (Meadowbrook) Estimated Cost $ 116,969.00 Estimated Work Program 1. Acquisition 4 parcels 2. Relocation 3 owner -occupants 3. Rehabilitation None Proposed 4. Public Works & Site Improvements 3170 LF of 4' wide concrete sidewalk AREA 25A (Elliston) Estimated Cost $ 306,238.00 Estimated Work Program 1. Acquisition 8 parcels 2. Relocation 4 owner -occupants 3 tenants 1 business 3. Rehabilitation 7 housing units 4. Public Works & Site Improvements 1668 LF of 4' wide concrete sidewalk 500 LF of AC waterline "Exhibit B" Work Program Page 2 AREA 26C (Bean School) Estimated Cost $ 371,294.00 Estimated Work Program 1. Acquisition 8 parcels 2. Relocation 3 owner -occupants 4 tenants 1 business 3. Rehabilitation 5 housing units 4. Public Works & Site Improvements 2135 LF of 4' wide concrete sidewalks AREA 27A (Posey East) .Estimated Cost $ 256,450.00 Estimated Work Program 1. Acquisition 10 parcels 2. Relocation 3 owner -occupants 8 tenants 1 business 3. Rehabilitation 2 housing units 4. Public Works & Site Improvements 3800 LF of 4' wide concrete sidewalk AREA 29A (Stubbs) Estimated Cost $ 170,634.00 Estimated Work Program 1. Acquisition 7 parcels 2. Relocation 4 owner -occupants 3 tenants 1 business 3. Rehabilitation None Proposed 4. Public Works & Site Improvements 2800 LF of 4' wide concrete sidewalk 2100 LF of AC waterline TOTAL COST $2,389,462.00 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 Conditions 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 Develop- ment (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 Develop- ment Program. - • (d) Assurances, when capitalized, means the certifica- tions 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 there- of, with respect to which assistance is being provided under this Agreement. 2. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: 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 135, and any applicable rules and orders of HUD issued there- under 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 PROJECTS. 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 connection 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 affir mative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and the making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities required by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or representative of workers with which he has a collec tive bargaining agreement or other contract or understand- ing, 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 subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the sub- contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 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 regula- tions. F. Compliance with the provisions of Section 3, the re- gulations egulations 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 assis tance, 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 Part 135 as may be necessary for the information of parties to contracts re- quired to contain the above Section 3 clause. 3. Flood Disaster Protection: The 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 acquisi- tion 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 in- surance 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 trans- feree 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(a) 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 subject 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 ter- mination; rates of pay or other forms of compensation; and se- lection 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 forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consider- ation 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 sball be subject to HUD Equal Emp oyment portunity regulations at 24 CFR Part 130 applicable to HUD assisted construc- tion 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 assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: 1 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 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 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the con- tracting officer setting forth the provisions of this nondiscrim- ination clause. (2) The contractor will, in all solicitations or advertise- ments 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 rep- resentative 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, regular tions, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination 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 fed- erally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceeding paragraph (1) and the provisions of para- graphs (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 prac- tices 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 subdivision 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 op- portunity 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 respon- sibility 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 as- surance 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 assistance 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 residen- tial 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 be responsible for the inspections and certif- icates 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 Pol- lution 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 there- under 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 re- quirements 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 30$, 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 Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Actor 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 as- sistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable re- quirements 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 apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state of 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 in- eligible 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 o 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 CFR Part I. In the sale, lease or other transfer of lead 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 in the'deed 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 dis- criminate. 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 Agreement or to any benefit to arise from the same. 11. Interest of Members Officers or Employees of Cit Members of Loca Governing Body, or Other Public 0 icials: 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 respon- sibilities 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 connection with the program assisted under the Agreement.. The Grantee shall incorporate, or cause to be in- corporated, 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, man- agerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies that: 1. He is the duly qualified and acting Secretary of the Urban Renewal Agency of the City of Lubbock (hereinafter called the Local Public Agency) and the custodian of the records of the Local.Public Agency, including the journal of proceedings of the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock (hereinafter called the "Governing Body"), .and is duly authorized to execute this certificate. 2. Attached hereto is a true and correct copy of a resolution including the WHEREAS clauses,, adopted at a meeting of the Governing Body held on the 19th day of June , 19 79 3. Said resolution has been duly recorded in the journal of said meeting and is now in full force and effect. 4. Said meeting was duly convened and held in all respects in accordance with law and the.by-laws, due and proper notice of said meeting was given. A legal quorum of members of.the Governing Body was present throughout said meet- iug and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said resolution. All"".other requirements and proceedings under, law, said by-laws, or otherwise, --incident to the proper adoption of said resolution, including any publications, if required by laws, have been duly fulfilled, carried out, and otherwise observed.. 5. The Seal appearing below constitutes the Official Seal of the Local .Public Agency and was duly affixed by the undersigned at the time this certifi- cate was signed. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 27th day of June , 19 79 (Sea14 SECRET Y HE URBAN RENEWAL - AGENCY OF THE CITY OF LUBBOCK, TEXAS