HomeMy WebLinkAboutResolution - 3210 - Funding Agreement - Early Learning Centers Of Lubbock Inc - Child Care Services - 09_28_1989Resolution # 3210
September 28, 1989
Item #19
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Community
Development Funding Agreement/Contract by and between the City of Lubbock
and Early Learning Centers of Lubbock, Inc. for child care, attached here-
with, 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 September , 1989.
' B. C. MccMM rNN, MAYOR
ATTEST:
to Boyd, City SecretaWy
APPROVED AS TO CONTENT:
Sandy Og tre Community Development
Administrator
APPROVED AS TO FORM:
Teresa J. Wright, Assistant Trial
Attorney
COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT
FOR CHILD CARE BETWEEN
THE CITY OF LUBBOCK AND EARLY LEARNING CENTERS OF LUBBOCK, INC.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into this 28th day of September ,
1989 , between the City of Lubbock, Texas, a home rule municipal
corporation, hereinafter called "City", and Early Learning Centers of
Lubbock, Inc., a nonprofit corporation, hereinafter called "Grantee".
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain services
in its undertaking of a Community Development Plan pursuant to the
Housing and Development Act of 1974, as amended; and
WHEREAS, the Grantee is a nonprofit corporation offering assisted
child care services to lower and moderate income working families who
are in need of such services by operating day care centers; and
WHEREAS, the services provided by the Grantee benefit citizens of
the City of Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared the
maintenance and operation of day care facilities by the Grantee to be
a public purpose; and
WHEREAS, the City Council of the City of Lubbock has declared
this to be a one time funding agreement between the City and the
Grantee; and
WHEREAS, the Grantee and the services it provides have been found
to meet the criteria for funding under provision 570-201(e) of the
Community Development Regulation for Public Services; and
WHEREAS, the accomplishment of the above public purpose is the
predominant purpose of this transaction; continuing supervision by the
City together with statutory and contractual requirements provide
sufficient assurance that the public purpose will be accomplished; the
City Council has found that the Grantee has the special expertise,
knowledge and experience necessary for the operation of day care
facilities and that the City will receive adequate consideration in
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the form of substantial public benefit; and
WHEREAS, the City desires to contract with the Grantee to make
available child care assistance at the Early Learning Center, 1301
42nd Street;
NOW THEREFORE, the City and Grantee do hereby mutually agree as
follows:
1. The assistance made available through this agreement shall
be used by the Grantee solely for the purposes of providing low cost
child care services to qualified lower income families. This
assistance shall provide the difference between the actual cost of
child care services and the contributions made by the parent less any
supplemental funding provided by other sources. Parent contributions
shall be determined using the procedures applicable to the Texas
Department of Human Services Title XX program.
The services provided by the Grantee shall exclusively benefit
lower income families residing in the Community Development Target
Area and whose gross household income does not exceed the lower income
eligibility requirements as established by the Department of Housing
and Community Development. The Community Development Target Area is
identified in Exhibit A of this agreement. Except as otherwise
required by this agreement, the Grantee shall administer and operate
the child care services funded under this agreement consistent with
the operating standards and procedures established by the Texas
Department of Human Services for the Title XX Child Care Program.
2. The City agrees to provide Grantee assistance from
Department of Housing and Urban Development funds in an amount not to
exceed $20,000. This contract shall commence on or as of November 1,
1989 and shall terminate on November 1, 1990. Payments will be made
by CITY to Grantee based upon Grantee's invoice reflecting a $1.93
charge per child per day enrolled for child care services provided at
the aforementioned site. Such monthly invoices shall be submitted not
later than the tenth day of each month and shall be in a format
prescribed by the CITY.
3. Grantee understands and agrees that the assistance made
available under this agreement is contingent upon the actual receipt
2
of adequate Federal funds to meet the CITY's liabilities under this
agreement. It is expressly understood that this agreement in no way
obligates the General Fund or any other monies or credit of the City
of Lubbock.
4. The Grantee shall submit with the monthly invoice an
enrollment report listing each child receiving assistance through this
contract indicating the child's name, address, ethnic group, age, sex,
monthly gross family income, parent contribution, and enrollment and
attendance record.
5. Without limiting any of the other obligations or liabilities
of the Grantee, the Grantee shall at its own expense provide minimum
insurance coverages as listed below, and maintain coverages without
interruption, provided by an insurer of a Best Rating of B+ or better,
against all liabilities for accidents arising out of or in connection
with Grantee's performance under this agreement. A certificate of
insurance will be placed on file with the Community Development of the
CITY by Grantee. In the event of any material change, non -renewal or
cancellation of any policy, Grantee's insurance company will give 45
days actual prior written notice to the Community Development
Department of the City of Lubbock for such changes or cancellation.
TYPE OF COVERAGE MINIMUM LIMITS
COMMERCIAL GENERAL LIABILITY:
Coverage A - Each Occurrence $300,000
General Aggregate Other Than Products/
Completed Operations $300,000
6. The Grantee agrees to provide the CITY with the year-end
audit report for the Grantee's operations. The Grantee shall submit
an audit report which is in compliance with the provisions of the
Single Audit Act of 1984, and OMB Circular No. 128. The audit shall
be prepared by an independent Certified Public Accountant and shall
include as supplemental information statements of compliance and
internal control with respect to Federal financial assistance provided
to the Grantee by the CITY. The audit report shall be submitted no
later than 150 days following the end of the Grantee's Fiscal year.
97
7. The Grantee agrees that the performance of work and services
pursuant to the requirements of this agreement shall conform to high
professional standards. The Grantee shall not at any time or in any
manner represent that it or any of its agents or employees are in any
manner agents or employees of the CITY.
8. For purposes of determining venue and the law governing this
agreement, activities performed under this agreement are performed in
the City of Lubbock, Lubbock County, State of Texas.
9. It is expressly understood by Grantee that this assistance
is made available as part of CITY's Community Development Block Grant
Program, and as such, the activities undertaken must comply with all
of the rules and regulations established by said program, including
those assurances and conditions which are incorporated as Part II of
this agreement and hereby adopted for all purposes. Grantee agrees
that the services provided by the Grantee under this agreement shall
be devoted primarily to assist low and moderate income households.
10. The Grantee further agrees to make its books and records
available to inspection by any representative of the CITY, the
Department of Housing and Urban Development, and the CITY's
independent auditors as the CITY may determine necessary at any
mutually convenient time. Grantee also agrees to provide CITY, the
Department of Housing and Urban Development, and the CITY's
independent auditors with such reports as the CITY may from time -to -
time require as proof of Grantee's compliance with any or all terms
and conditions of this agreement.
11. It is understood and hereby agreed that the Grantee shall
not deny benefits to or discriminate against any person on the basis
of race, color, religion, age, sex, national origin, or handicapped
status in the performance of any activities funded under this
agreement.
12. The CITY shall not be subject to any of the obligations or
liabilities of the Grantee incurred in the performance of this
agreement. The Grantee expressly agrees to indemnify and hold
4
harmless the CITY for any and all liabilities and obligations incurred
due to the negligence of the Grantee, its employees, officers, agents,
subcontractor,s or agencies, or the negligent acts or omissions,
breaches of contract of the Grantee or its employees, officers,
agents, subcontractors or agencies.
13. This contract may be terminated as a result of any one of
the following happenings:
a. If through any cause the Grantee shall fail to fulfill in a
timely manner its obligations under this agreement or if the
Grantee violates any of the conditions of this agreement,
then the CITY shall give written notice of such violation or
failure to proceed in a timely manner to the Grantee. Within
ten (10) days after such notice, the Grantee shall inform
the CITY in writing of the corrective action taken. The
Grantee shall exercise all due diligence to correct any and
all violations. In the event the violations are not fully
corrected within twenty (20) days from the date the Grantee
first gave notice to the CITY of the actions taken, the CITY
retains the right to terminate this agreement forthwith.
b. This agreement shall at all times be subject to any
corrective actions taken or directives issued by the
Department of Housing and Urban Development in relation to
the CITY's Community Development Block Grant Program. The
Grantee shall comply with any and all such communications
received by CITY from the Department of Housing and Urban
Development, including termination of this agreement, as if
such communication were made a part hereof.
C. This agreement may be terminated by Grantee upon sixty (60)
days prior written notice to the CITY.
14. 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.
9
15. The Grantee shall not assign, sell or transfer any interest
in this contract without the prior written consent of the City
thereof.
16. This agreement contains the entire agreement of the parties.
17. None of the services covered by this agreement shall be
subcontracted without the prior written consent of the City.
IN WITNESS WHEREOF, the City and the Grantee have executed this
agreement as of the first day above written.
ATTEST
C�L26�
Ra tte Boyd, City ec tary
APPROVED AS TO CONTENT:
Sandy Og2qtre
Community Development
Administrator
APPROVED AS TO FORM:
Tdresa J. Wright
Assistant Trial Attorney
CITY OF LUBBOCK
B. C. M M NN, MAYOR
Early Learning Centers
of Lubbock, Inc.
2n= (:-67�'
JoAnne Cotter
Executive Director
ATTEST:
Secretary
L
CDBG ASSISTED CHILD CARE PROGRAM PARTICIPANT ENROLLMENT REPORT
AGENCY:
SITE:
BILLING PERIOD:
FEMALE MONTHLY
NAME OF CHILD RESIDENCE CENSUS ETHNIC SEX AGE HEAD OF HOUSEHOLD TOTAL # OF # OF
TRACT GROUP HOUSEHOLD INCOME # IN DAYS DAYS
Y or N (Gross) HOUSEHOLD ENROLLED ATTENDED
Total
Total Requested Funds:
X ($1.93)
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT CHILD CARE PROGRAM
INVOICE FOR SERVICES
Early Learning Centers of Lubbock New Directions Billing Period:
1301 42nd Street
Lubbock, Texas 79412
A. SUMMARY OF TOTAL COSTS AND SERVICES FOR PROVIDING CHILD CARE
Total Children Enrolled During Billing Period:
Total Monthly Center Cost:
Daily Unit Cost Per Child:
B. SUMMARY OF COSTS OF SERVICES FOR CDBG ENROLLED CHILDREN
# Child Care Enrollment Days:
Total CDBG Supplement this period
($1.93 X # days)
STATUS OF CONTRACT FOR CDBG CHILD CARE SERVICES
1. Total Approved Contract Amount
2. Payments Received Year -to -Date
AMOUNTS INVOICED AMOUNTS REQUESTED
$
3. Amount of Current Invoice $ $
4. Total Services Invoiced to Date $ $
5. Balance of Contract $
*************************************************************************************
CERTIFICATION:
I certify that the services and costs described above are true and accurate and that
no other assistance has been received and that no other revenues have been
contributed to the total cost of providing the CDBG Child Care Program, except as
described above.
Executive Director Date
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 require-
ments of the Department of Housing and Urban Development (HUD) now or hereafter
in effect. The Funding Agreement is effective with respect to such assistance
as of the date the Funding Agreement is executed and is subject to the HUD
Community Development Block Grant Regulations at 24 CFR Part 570 and the
following General Terms and Conditions:
1. Definitions:
Except to the extent modified or supplemented by this Funding Agreement,
any term defined in Title I of the Housing and Community Development Block Grant
Regulations at 24 CFR Part 570, shall have the same meaning when used herein.
(a) Agreement means this Funding Agreement, as described above and any
amendments or supplements thereto.
(b) City means the City of Lubbock, Texas.
(c) Grantee means any City Department or division, the Urban Renewal
Agency, or any other department or agency which is designated by the
City to receive Community Development Block Grant funds for the
purpose of carrying out the Community Development Program.
(d) Assurances, when capitalized, means the certifications and assurances
submitted with grant applications pursuant to the requirements of 24
CFR Part 570.
(e) Assistance provided under this Agreement means the grants and any
loans secured by loan guarantees provided under this Agreement.
(f) Program means the Community Development program, project, or other
activities, including the administration thereof, with respect to
which assistance is being provided under this Agreement.
-- am@-
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 U.S.0 1701u), as amended, the HUD regula-
tions issued pursuant thereto at 24 CFR Part 135, and any applicable rules and
orders of HUD issued thereunder prior to the HUD authorization of the Funding
Approval.
The Grantee agrees that it shall be bound by, and shall cause or require to
be inserted in full in all contracts and subcontracts for work financed in whole
or in part with assistance provided under this Agreement, the Section 3 clause
set forth below:
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND
LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT.
A. The work to be performed under this Contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for
work in 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 affirmative action plan
for utilizing business concerns located within or owned in substantial
part by persons residing in the area of the project; and making of a
good faith effort, as defined by the regulations, to provide training,
employment, and business opportunities required by Section 3 of the
Housing and Urban Development Act of 1968.
D. The contractor will send to each labor organization or representative
or workers with which he has a collective bargaining agreement or
other contract or understanding, if any, a notice advising the said
labor organization or workers' representative of his commitments under
this Section 3 clause and shall post copies of the notice in conspic-
uous 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
subcontractor 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 regulations.
F. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of the contract, shall be a
condition of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its
successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontrac-
tors, its successors, and assigns to those sanctions specified by the
grant or loan agreement or----3ntract 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 neces-
sary for the information of parties to contracts required to contain the above
Section 3 clause.
3. Flood Disaster Protection:
The agreement is subject to the requirements of the Flood Disaster Protec-
tion Act of 1973 (P.L. 93-234). No portion of the assistance provided under
this Agreement is approved for acquisition or construction purposes as defined
under Section 3(a) of said Act, for use in an area identified by the Secretary
as having special flood hazards which are located in a community not then in
compliance with the requirements for participation in the national flood
insurance program pursuant to Section 201(d) of said Act; and the use of any
assistance provided under this Agreement for such acquisition or construction in
such identified areas in communities then participating in the national flood
insurance program shall be subject to the mandatory purchase of flood insurance
requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land
acquired, cleared or improved with assistance provided under this Agreement
shall contain, if such land is located in an area identified by the Secretary as
having special flood hazards and in which the sale of flood insurance has been
made available under the National Flood Insurance Act of 1968, as amended 42
U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
assigns to obtain and maintain, during the ownership of such land, such flood
insurance as required with respect to financial assistance for acquisition or
construction purposes under Section 102(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 noc discrim-
inate 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 limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruit-
ment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship.
The Grantee shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Govern-
ment setting for the provisions of this nondiscrimination clause. The
Grantee shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion,
sex, or national origin. The Grantee shall incorporate the foregoing
requirements of this paragraph (a) in all of its contracts for program
work, except contracts governed by paragraph (b) of this section, and
will require all of its contractors for such work to incorporate such
requirements in all subcontracts for program work.
(b) Contracts subject to Executive Order 11246, as amended. Such con-
tracts shall be subject to HUD Equal Employment Opportunity regula-
tions at 24 CFR Part 130 applicable to HUD assisted construction
contracts.
The Grantee shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work, or modification thereof, as
defined in said regulations, which is paid for in whole or in part with assis-
tance 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, re'igion, sex, or
national origin. Such action shall include, but not be limited to,
the following: Employment, upgrading, demotion, or transfer, recruit-
ment 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 contracting officer setting forth the provisions of
this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' repre-
tatives of the contractor's commitment under this section and shall
post copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The contractor will comply with all provisions to Executive Order
11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records and accounts by
the City and by the Department of Housing and Urban Development and
the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimina-
tion clauses of this contract or with any of such rules, regulations,
or orders, this contract may be canceled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction
contract procedures authorized in Executive Order 11246 of September
24, 1965, or by rule, regulations, or order of the Secretary of Labor,
or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through
(7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result
of such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of
the United States.
The Grantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work; provided, that if the
Grantee so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdi-
vision of such government which does not participate in work on or under the
contract.
The Grantee agrees that it will assist and cooperate actively with the
City, HUD, and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules, regulations,
and relevant orders of the Secretary of Labor; that it will furnish the City,
HUD, and the Secretary of Labor such information as they may require for the
supervision of such compliance; and that it will otherwise assist the City and
HUD in the discharge of HUD's primary responsibility for securing compliance.
The Grantee further agrees that it will refrain from entering into any
contract or contract modification subject to Executive order 11246 of September
24, 1965, with a contractor debarred from, or who has not demonstrated eligibi-
lity 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 Depart-
ment 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 satis-
factory assurance of future compliance has been received from such Grantee; and
refer the case to the Department of Justice for appropriate legal proceedings.
5. Age Discrimination Act of 1975 and Rehabilitation Act of 1973
Section 109 of the Act further provides that any prohibition against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42
U.C.C. 6101 et seq.) or with respect to an otherwise qualified handicapped
individual as provided in Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) shall also apply to any program or activity funded in whole or in
part with funds made available pursuant to the Act.
6. Lead -Based Paint Hazards:
The construction or rehabilitation of residential structures with assis-
tance provided under this Agreement is subject to the HUD Lead -Based Paint
regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for
the rehabilitation of residential structures with assistance provided under this
Agreement shall be made subject to the provisions for the elimination of
lead -based paint hazards under Sub -Part B of said regulations, and the Grantee
shall be responsible for the inspections and certificates required under Section
35.14(f) thereof.
7. Compliance with Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time
to time.
In compliance with said regulations, the Grantee shall cause or require to
be inserted in full in all contracts and subcontracts with respect to any
nonexempt transaction thereunder funded with assistance provided under 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 subcon-
tract is not listed on the List of Violating Facilities issued by the
Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 U.S.C. 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 the Federal Activities, EPA, indicating that a facility
utilized for the contract is under consideration to be listed on the
EPA of Violating Facilities.
(4) Agreement by the contractor that he will include or cause to be
— --included the criteria and rzzpirements in paragraphs (1) through (4)
of this section in every nonexempt subcontract and requiring that the
contractor will take such action as the Government may direct as a
means of enforcing such provisions.
In no event shall any amount of the assistance provided under this Agree-.
ment be utilized with respect to a facility which has given rise to a conviction
under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal
Water Pollution Control Act.
8. 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 contrac-
tors engaged under contracts in excess of $2,000 for the construction, prosecu-
tion, completion or repair of any building or work financed in whole or in part
with assistance provided under this Agreement, shall comply with HUD require-
ments pertaining to such contracts and the applicable requirements of the
regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing
the payment of wages and the ratio of apprentices and trainees to journeymen;
provided, that if wage rates higher than those required under such regulations
are imposed by state or local law, nothing hereunder is intended to relieve the
Grantee of its obligation,.if any, to require payment of the higher rates. The
Grantee shall cause or require to be inserted in full, in all such contracts
subject to such regulations, provisions meeting the requirements of 29 CFR 5.5
and, for contracts in excess of $10,000, 29 CFR 5a.3.
No award of the contracts covered under this Section of the Agreement shall
be made to any contractor who is at the time ineligible under the provisions of
any applicable regulations of the Department of Labor to receive an award of
such contract.
9. Nondiscrimination Under Title VI of the Civil Rights Act of 1964:
This Agreement is subject to the requirements of Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto
including the regulations under 24 CFR Part I. In the sale, lease, or other
transfer of land acquired, cleared or improved with assistance provided under
this Agreement, the Grantee shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting discrim-
ination 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 improve-
ments 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 put the proqram assisted
hereunder, agrees to take such measures as are necessary to enforce such
covenant and will not itself so discriminate.
10. 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.
11. 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.
12. Interest of Members, Officers, or Employees of City, 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 +--tality or localities who exercise any
functions or responsibilities with respect to the program during his tenure or
for one year thereafter; shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the program assisted under the Agreement. The Grantee shall
incorporate, or cause to be incorporated, in all such contracts or subcontracts
a provision prohibiting such interest pursuant to the purposes of this Section.
13. 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 Develop-
ment Act of 1974 or HUD regulations with respect thereto; provided, however,
that reasonable fees or bona fide technical, consultant, managerial or other
such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as program costs.
n
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O
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0
1—..P'—•
1
1
t
TRACT 104 (9,490)
i
I
1
1
1
RURAL 1
103 1
1
1
1
I
1
1
4.01 ;Pc SNJub)
(6"ST.(O.425
)
(4,593) 5
4.02
4.03
(5,137)
Is,n ST
m (6,428)
(3,834)
3,170) 4
17.02 a
16.01 <
16.02a
o a
54m
ST.
gg'�
5,911E
4 588 (4
� � W
`�
I8.01 0
19.01
17.03
S
(5,308) 6.558
17 nd
(5.432)
i
'2.01 W (2,888) 1
W
(1,eo6) _
'<
TRACT 102
(364)
3 7601-
T.r710
,083)
56514.213 (3,383) (2,489)
15 a 14 13 Z.02
14n ST.a
_
� 38)(3�7s41(6,786)4
II JJ11 24
19.03 . 21.01 � 22.01 (2,300)
i,42,1) 5,517 (7,399)
Y-. 25
F"I(2,485)I (7,158)
W 4 105.02 105.03
( — 192
TRACT
1 105.01
1
1,641)
11
(15)
12.01
CITY OF LUBBOCK
POPULATION SY
CENSUS TRACT
SOURCEt
LAND USE DATA FILE
DECEMBER 19$$
POPULATION IN PARENTHESIS
------- CITY LIMITS
TOTAL POPULATION
193,006
• (2,858)
•• (5,149)
••* (3,382)