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HomeMy WebLinkAboutResolution - 071075C - Funding Agreement - URA - Community Development Rehabilitation Areas - 07_10_1975�r) FOS: cab RESOLUTION 691P 7�c 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 LUBBO a FUNDING AGREEMENT between the CITY OF LUBBOCK and the URBAN RENEWAL AGENCY, 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 l orb; day of �1975 ROY BASS, MAYOR ATTEST: Treva Phillips, Ylty Secretary -Treasurer APPROVED AS TO FORM: , Jr.,, Ci FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS, AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THIS agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS, a Homerule Municipal Corporation (hereinafter called "CITY") and the URBAN RENEWAL AGENCY of the City of Lubbock, Texas, (hereinafter called "AGENCY"). WITNESSETH• WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974; and WHEREAS, the AGENCY is a public body corporate and politic created pursuant to Art. 1269L-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 and the related rules and regulations of the Depart- ment of Housing and Urban Development, and said AGENCY is.authorized by law and is willing to carry out such activity; NOW, THEREFORE, the CITY and the AGENCY do hereby mutually agree as follows: I. The AGENCY agrees to perform and do such activities as may be neces- sary to provide the rehabilitation and relocation assistance programs, as well. ....as acquire such real estate as may deemed necessary as set forth and des- cribed in the Community Development Plan for the year beginning May 30, 1975, . and continuing to May 29, 1976, in such areas of the CITY heretofore designated as "Community Development Rehabilitation and Redevelopment Areas", which bear, specific designations as "Area 1 "Area 5", "Area 6", "Area 9", "Area 11", and "Area 12", all of which are on file in the Office of the City Secretary to which reference is here made and by such reference are made a part hereof for all - purposes. The named and described areas are included within the Community Development Plan for CITY by specific Urban Renewal Plans duly approved and adopted by the City Council, pursuant to and under the authority of 1269L-3, V.A. C. S. Plans for each of the said areas are incorporated within the Community Development Plan and include the objectives, land -use plan, technique for carrying out each plan, procedures for changing any plan, property rehabilitation standards, specific restrictions, boundary descriptions, and acquisition maps for the area shown therein, 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 such reference all same is made a part hereof for all purposes as though fully copied herein. 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 execu- tion of the obligation a.id 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. It is understood and hereby agreed that it shall be the responsibility of the AGENCY to implement the Community Development Plan, under which an Urban Renewal Plan for each of the above areas and to this end the AGENCY shall be responsible and obligated to do and provide the following: 1. Rehabilitation. All rehabilitation of residential and commercial structures, if any, through the programs carried forward in the Community Development Plan pursuant to the Housing and Community Development Act of 1974, and Section 312 of the Housing Act of 1949, as amended, within the above designated areas within the CITY OF LUBBOCK will be performed and carried out by the AGENCY in accordance with the Urban Renewal Plan for such areas. 2. Relocation. All relocation assistance programs available to families, individuals and businesses displaced by and through the Community Development Plan of the CITY within the above designated areas for which.Urban Renewal Plans have been adopted will be provided by the AGENCY. Further, the AGENCY will act as the Central Relocation 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 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 Assis- tance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pertaining to the said Act, and the Housing and Community Development Act of 1974 with respect to relocation assistance and services provided hereunder. 3. Real Estate Acquisition. The AGENCY agrees to acquire by pur- chase, dedication or eminent domain proceedings such properties within the above designated areas set forth in the Community Development Plan of the CITY as are reasonably necessary to achieve the Urban Renewal objectives within the said areas. The AGENCY agrees to comply with and will maintain the appropriate HUD -required records proving compliance with the Uniform Relocation Assis- tance and Real Property Acquisition Policies Act of 1970, and all applicable regulations, policies and requirements promulgated by the Department -of Housing and Urban Development pursuant to said Act, and the Housing and Community Development Act of 1974, in the acquisition of properties pursuant to the Community Development Plan of the CITY. 4. Public Improvements. The AGENCY shall make or cause to be made such public improvements within the above designated Urban Renewal areas as are set forth in the approved budget, and amendments thereto. 5. Non -Discrimination. The AGENCY in the carrying out of the Com- munity Development Plan of the CITY shall not deny benefits of the program to or discriminate against any person on the grounds of race, color, religion, age, sex or national origin. =2- II. The CITY hereby designates and authorizes the AGENCY to carry out all rehabilitation, relocation assistance, and real estate acquisition set forth in the Urban Renewal Plans adopted pursuant to the Community Development Plan for the CITY for the year beginning May 36, 1975, and ending May 29, 1976, The CITY agrees to provide funds in the amount.of $2, 609, 035.00 to the AGENCY fur the purpose of rendering and performing the services herein agreed upon for the rehabilitation, relocation assistance, real estate acquisition, administrative and/or other costs, including public improvements, set out in the Exhibit A which is attached hereto and by reference made a part hereof, provided that the CITY'S provision of such funds is wholly contingent upon the . , CITY IS receipt of such funds from the Department of Housing and Urban Develop- ment. Amendments to the attached Exhibit A which constitute a change in the total funding of each area authorized by this funding agreement may be made by the AGENCY, which singly or cumulatively constitute a shift of funding of an amount greater than 2076 of the amount allocated for each area after approval by the Agency's Board of Commissioners and the City Council. Any amendment of such Exhibit that amounts to less than 20% may be made only subject to approval of the City Manager. It is further agreed and understood that the AGENCY shall submit progress reports at the end of each three (3) 'month period throughout the term of this agreement to the City Manager, acting by and through the Director of the Community Development Department of the CITY OF LUBBOCK or other person designated by him. The CITY hereby designates and authorizes the AGENCY to act as the Central Relocation Agency of the CITY OF LUBBOCK and agrees that the AGENCY shall provide technical services and assistance upon its request to families, individuals and businesses displaced by governmental action in the CITY OF LUBBOCK, including Real Estate Acquisition for the term of this agreement. III, The AGENCY agrees and is hereby bound in the execution of the activities authorized by this agreement by the requirements and provisions as set forth in Exhibit B identified as Part II -Terms and Conditions, Funding Agreement Community Development Block Grant Program, consisting of nine (9) pages attached hereto and by this reference is made a part hereof for all intents and purposes. EXECUTED this loth day of My 1975. CITYJ LU32TIOCK, TEXAS BY: MAYOR , t 4ftEST: ' Secretary-Treasu er , Treva Phi I I i ps THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS BY: Chairman - 3- No Text WORK PROGRAM. AREA 1 (Clayton Carter) Estimated Cost (iess :administrative cost) $ 219,621.00 Estimated Work Program 1. Acquisition 15 parcels 2. Relocation 5 owner -occupants 10 tenants 3. Rehabilitation 3 housing units AREA 5 (Mahon School Neighborhood) Estimated Cost (less administrative cost) 72,942.00 Estimated Work Program 1.. Acquisition 2 parcels 1 i 2. Re ocat on i owner -occupant I tenant 3. Rehabilitation 4 housing units AREA 6 (Arnett Benson) Estimated Cost (less administrative cost) 734,423.00 'Estimated Work Program 1... Acquisition 6 parcels 2. ..Relocation 20 owner -occupants 13 tenants 1 business 3. Rehabilitation 25 housing units Public Works and Site Improvements - Construct 3,010 L.F. of 4 foot widewalk .. AREA 9 (Posey) Estimated Cost (less administrative cost) 660,112.00 Estimated Work Program 1. Acquisition 44 parcels 2. Relocation 16 owner -occupants = 14 tenants 3.. Rehabilitation 56 housing units 4. ..Public Works and Site Improvements - Construct 12,555 L.F. of 4 foot sidewalk and 2,090_L.F. of 6 foot sidewalk AREA 11 (Chris Harwell) Estimated Cost (less administrative cost) 301,359.00 Estimated Work Program -1. Acquisition 10 parcels 2." Relocation 4 owner -occupants - 5 tenants 1 business 3. Rehabilitation 30 housing units 4. Public Works and Site Improvements - Construct 5,440 L.F. of 4 foot sidewalk AREA 12 (Manhattan Heights) Estimated Cost (less administrative cost) 184,086.00 Estimated Work Program 1. Rehabilitation 49 housing units Administrative Cost 424,807.00 Interest on NDP Land 18,360.00 Subtotal $2,615,710.00 Less Estimated Income - 6,675.00 Total $2,609,035.00 PART 11 - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT B 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 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 leans secured by loan guarantees provided under this Agreement. (f) Program means the community development program, project, or other activities, including the administration thereof, with respect to which assistance is being provided under this Agreement. 2. "Section 3" Compliance in the Provision of Training, 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 thereunder prior to the HUD authorization of the Funding Approval. -1- 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 Ii1COME 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 re- quirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that io 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 regulationsissued 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 arefunder 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 sub- stantial 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 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 conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract foe work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assist- ance, take appropriate action pursuant to the subcontract upon a find- ing that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will nov subcontract with any subcontractor where it has notice or know- ledge 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 Depart- ment 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 recipent for such assistance, Its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipent, its contractors and sub- contractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assist- ance Is provided, and to such sanctions as are specified by 24 CFR 135.135• The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the above Section 3 clause. 2 - Exhibit B 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 acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pur- suant 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 i1246, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited,to, the following: employment, upgrading, demotion,'or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment with- out regard to race, color, religion, sex, or national origin. The Grantee 3 - Exhibit B 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 suzh requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall'be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construction.contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined In said regulations, which is paid for in whole or in part with 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 Ilmited to, the following: Employment, upgrading, demotion, or transfer, re- erultment 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 appli- cants 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 understandin 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 of 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 4 - Exhibit B 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 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 federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence Immediately preceeding 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 pardr-1- pating 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 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 dis- charge 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, wit 5 - Exhibit B 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 sub- contractors by the Department or the .Secretary of Labor pursuant to Part II, Sub- Part*D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee;:and refer the case to the Depart- ment 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 rehabilita- tion of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based patnt:hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC.1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental 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 non- exempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating 6 - Exhibit B 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 wT1i take such action as the Government may direct as a means of enforcing such:provisions. In no event shall any amount of the assistance provTded under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 1 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed In whole or in part with assistance provided under this Agreement, shall comply with HUD requirements per- taining 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 wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of Its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part i. In the sale, lease or other transfer of land 7 - Exhibit B dcquired, cleared or improved with assistance provided under this Agreement, the I 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 obliga- tion in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. . 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. The Grantee shall comply with all 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 thit:Agreement or to any benefit to arise from the same. 11. 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 locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter; shall have any Interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in 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 prohi- biting 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 8 - Exhibit 13 under this Agreement, Title t of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.