HomeMy WebLinkAboutResolution - 052677J - Funding Agreement - URA - Community Development Program - 05_26_1977RESOLUTION
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 Funding Agreement
between the City of Lubbock and the Urban Renewal Agency of the City of Lub-
bock. in regard to the 1977 Community Development Program and the funding of
such Program, 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 26thday of "May , 1977.
ROY - �ss
BASS, MAYOR
ATTEST:
reva Frni I tips, city
/>cretary- r`�easurer
APPROVED AS TO FORM:
Fred 0. Senter, Jr., City Att ey
FUNDING AGREEMENT BETWEEN THE
CITY OF LUBBOCK, TEXAS, AND
URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
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 desired 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 Department 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:
The AGENCY agrees to perform and do such activities as may be necessary to
provide the rehabilitation and relocation assistance programs, as well as acquire
such real estate as may be deemed necessary as set forth and described in the Community
Development Plan for the year beginning June 1, 1977 and continuing to May 30, 1978,
in such areas of the CITY heretofore designated as "Community Development Rehabilitation
and Redevelopment Areas", which bear specific designations as "Area 6B", "Area 8",
"Area 18", "Area 216", and "Area 24" 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 Article
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 execution of the
obligation 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.
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 has been adopted 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 t&AGY in accordancewith
th Urban Renewal Plan for such areas. Rela d tat:on ca go;# b� prawj_j i,fore+ of a A6-;^7"cresf,da�fcrrcgi �yn,cKt loch.2. Relocation. All relocation assistance progrlable 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 assistanct 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 Assistance 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 purchase, dedication
or eminent domain proceedings such properties within the above -designated areas set
forth in the Community Development Plan for 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 Assistance 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 Community
Development Plan for 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.
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 30, 1977, and ending May 29, 1978.
The CITY agrees to provide funds in the amount of $2,464.560.00 to the AGENCY
for the purpose of rendering and performing the services herein agreed upon for
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'S receipt of such funds
from the Department of Housing and Urban Development.Amendments to the attached
Exhibit "A" which constitute a change in the total funding of each area arthorized
by this funding agreement may be made by the AGENCY, which singly or cumulatively
constitute a shift of funding of an amount greater than 20% 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
subject only to approval of the City Manager. It is further agreed and understood
that the AGENCY shall submit progress reports as requested 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.
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 It - 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
i
ATTEST:
26
Treva Phillips, City cretary-Treasurer
ATTEST:
H,1 0. , A I dersdn, .Secretary
APPROVED AS TO FORM AND LEGALITY:
Fred 0. Senter, Jr., City Worney
day of MAY , 1977.
CITY OF LUBBOCK, TEXAS
BY: / 4 �7551
Roy Bass, Mayor
URBAN RENEWAL AGENCY OF THE CITY
OF LUBBOCK, TEXAS
BY: a
Ke ett Hobbs, Kafrman
"EXHIBIT A"
WORK PROGRAM
AREA 6B, SUBAREA a (Arnett Benson)
Estimated Cost (less administrative cost)
$ 731,925.
Estimated Work Program
1. Acquisition 33 parcels
2. Relocation 17 owner -occupants
23 tenants
3. Rehabilitation 8 housing units
4. Public Works & Site Improvements -
2,030 L.F. of 4' wide concrete sidewalk
& removal of 665 L.F. existing
1,240 L.F. of 4" A.C. waterline
AREA 8 (Roberts McWhorter)
Estimated Cost (less administrative cost)
$ 402,827
Estimated Work Program
1. Acquisition 29 parcels
2. Relocation 12 owner -occupants
17 tenants
3. Rehabilitation No rehabilitation proposed for this area.
4. Public Works and Site Improvements -
2,020 L.F. of 4' wide concrete sidewalk
& removal of 375 L.F. existing
1,100 L.F. of 4" A.C. waterline
AREA 18 (Ruel Martin)
Estimated Cost (less administrative cost)
$ 360,008
Estimated Work Program
1. Acquisition 8 parcels
2. Relocation 2 owner -occupants
5 tenants
3. Rehabilitation 37 housing units
4. Public Works & Site Improvements -
5,800 L.F. of 4' wide concrete sidewalk
& removal of 500 L.F. existing
AREA 218, SUBAREA a (Bean School)
Estimated Cost (less administrative cost)
$-5;968
� as8�b98
Estimated Work Program
1. Acquisition 8 parcels
2. Relocation 7 tenants
1 business
3. Rehabilitation 19 housing units
4. Public Works & Site Improvements -
6,850 L.F. of 4' wide concrete sidewalk
& removal of 4,000 L.F. existing
5,000 L.F. of 4" waterline
AREA 24, SUBAREA d (Butler)
Estimated Cost (less administrative cost)
$ .174,813
Estimated Work Program
1. Acquisition 9'parcels
2. Relocation 4 owner -occupants
5 tenants
3. Rehabilitation 8 housing units
4. Public Works & Site Improvements -
2,300 L.F. of 4' wide concrete sidewalk
& removal of 400 L.F. existing
ADMINISTRATIVE COSTS
$ 536,289
TOTAL COST
$2,464,560
PART I I - TERI1; AND COND I T , -dS
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 there.in, subject to the terms and conditions of this Funding
Ag'reemerrt, applicable law, regulations and al.1 other requirements of the Department
of Housing and Urbari Development (HUD) now or hereafter in effect. The Funding
Agreement is effective. with respect to such ass istance.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 Pari 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 applicahle rule% 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:
TRAIN-114G, EMPLOYMENT, AND CONTRACTING OPPORTU141TIES FOR BUSINESSES AND
LOWER 114COME PERSONS IN CON14ECTION WITIi 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 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 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 inconspicuous
places available to employees and applicants for employment or training.
E. The contractor will include this Section 3 clause in every sub-
contract for work in connection with the project and will, at the
direction of the applicant for or recipient of Federal financial assist
ante, 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 not 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 lct 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 prov.1sions 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 conditi-on 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 thruugh which Federal assist-
ante is provided, and to such sanctions as are specified by 211 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
j. 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 witli
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 11246, as amended.
In carrying out the.program, the Grantee shall not discriminate against any employee
or applicant for employment because of race, color, religion, sex, or national
origin. The Grantee shall take affirmative action to insure that applicants for
employment are employed, and the employees are treated during their employment,
without regard to their_ race, color, religion, sex, or national origin. Such action
shall include, but not be limited,to, the following: employment, upgrading,
demotion,'or transfer; recruitment or recruitment advertising; layoff or, termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Grantee shall post in conspicuous places, available to
.employees and'appiicants for employment, notices to be provided by the "love rnment
setting forth the provisions of this nondiscrimination clause. The Grantee shall
state that all qualified applicants will receive considt.ration for employment with-
out regard to race, color, religion, sex, or national origin. The Grantee
;shall incorporate the foregoing requirements of this paragraph (a) in ill of its
contracts for program work, except contracts governed by paragraph (b) of this
section, and will require, all of its contractors for such work:to incorporate such
requirements in all subcontracts for program work.
(b) Contracts subject to Executive Order 11246, as amended. Such contracts
shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130
applicable to,HUD assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work, or modification thereof, as defined
in said regulations, which is paid for in whole• or in part with 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, re-
cruitment or recruitment advertising; layoff or termination; rates of pSy 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 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 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 1124G of September 24, 11965, and by the rules, regulation:, 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
r 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"subcontractor 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, 1g65, 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 partici-
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 112h(i of September 2h, 1965, with
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_11, 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 respeot
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 pai.nt�.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 or subcontractors that any facility to
be utilized in the performance of any nonerompt 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 1357e-8) and Section 308
of the Federal (dater Pollution Control Act, as amended, (33 USC 1312) relating
6 - Exhibit B
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0
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 liven rise to a conviction under
Section 113(c)(f) of the Clean Air Act or Section 309(c) of the Federal Water
Pollution Control Act.
7. Federal Labor Standards Provisions:
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the Grantee and all contractors
engaged under contracts in excess of $2,000 for the construction, prosecution,
completion or repair of any building or work financed in whole or in part with
assistance provided under this Agreement, shall comply with HUD requirements 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 1,164:
This Agreement is subject to the requirements of Title VI or the Civil Rights
.Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the;
xegu]LtionS under 24 CFR 1?art 1. In the sale, lease or other transfer of land
' 7 - Exhibit B
R
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 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 this 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 subcoptract, 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 pruhi-
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 assistancc,.or any other approval or concurrence of HUD required
•+7.i �"CTX'"1^�','T^^a�.mt�: �. gas � .
under this Agreement, Title l 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 cost
E
9 - Exhibit B