Loading...
HomeMy WebLinkAboutResolution - 061076B - CDBG - Dept HUD - 06_10_1976J:lb Lt RESOLUTION NeI0749 8 E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby uthorized and directed to execute for and on behalf of the CITY OF LUBBOC COMMUNITY DEVELOPMENT BLOCK GRANT as offered by THE :DEPART LENT OF HOUSING AND URBAN DEVELOPMENT, in the amount of 5, 328, 000.00 for the Program Year from June 1, 1976, through May 3I', 197 7, ttached herewith which shall be spread upon the Minutes of the Council and a pread upon the Minutes of this Council shall constitute and be a part of this resolution as if fully copied herein in detail. assed by the City Council this IOth day of June 1976. ROY BASS, MAYOR WEST: reva Phillips, C' y Secretary -Treasurer VED AS TO FORM: O. Senter, Jr., Cit�fXttorney �t. .. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT h COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDIING APPROVAL UhlDEP. TITLE I OF THE HOUSING AND COAWUNITY DEVELOPMENT ACT OF 1974 (Pulalic Low 93-333) 1. NAME OF APPLICANT - 2. APPLICATION/GRANT NO. City of Lubbock, Texas B-76—MC.-48-00.22 3. APPLICANT'S ADDRESS (Include Street, City, County, State and Zip Code) 4. DATE OF APPLICATION P.o. sox 2000 February 12, 1976 Lubbock, Lubbock County 5. DATE OF HUD RECEIPT OF APPLICATION Texas 79457 March 15, 1976 e. X-1 Original Funding Approval [_( Amendment. Amendment No. All section references below are to the Housing and Communi , Development Act of 1974 unless otherwise indicated. 7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION (Chock only one) a.[p Metropolitan Entitlement (Sec. 106) b.0 Metropolitan Discretionary (Sec.106) (1) , SMSA, State of (SAISA Name) c. [] Non4etiopolitan Entitlement (Sec.106) d. M Non -Metropolitan Discretionary (Sec. 106) e.O Secretary's Discretionary (Sec. 107) f.p Urgent Needs Fund (Sec.103(b)) B. AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPPOVED a. Amount of CDBG Funds Currently Reserved for this Applicant..... ...... ...... ...... S 5,328,000 6. Amount of CDBG Funds Now Being Approved for this Applicant ............... . ...... S 5,328,000 e. Amount of Reservation to be Cancelled (Line 8a minus 8b)............................... $ — 0 — HUD ACCOUNTING USE ONLY BATCH TAC Y A REG ADOCUM RE ENT NO PROJECT 14UMIIER i p� 1 5 3 j 1 76 7 0 8 2 1 4 0 12 13 14 16 1 6 23 30 86 CATEGOR AMOUNT 1 EFFECTIVEDATE. F AMOUNT2 SCHEDULENO. 36 41 45 60 64 60 ei 66 70 74 79 111 9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT a. Amount of Advance Approved by Authorization dated ................. 3 ` 0 _ b. Grant Amount Reserved for Guarantee of Loans for Acquisition of Property (Sec. 108(b))............ $ 0 ` c. Grant Amount Reserved to Settle Outstanding Urban Renewal Loans (Sec. 112(a)). Attach schedule in accordance with ir►structions ........................... ........ S — 0 — d. Sum of lines 93, 9b, and 9c .......... ........ ........... .. ............. S — 0 -' e. Amount of Approved CDBG Available for Disbursement (Line 8b minus 9d) .................... 3 5 , 328 , 000 HUD-7082(1-75) 10. AMOUNT OF SURPLUS URBAN RENEWAL. FUNDS APPROVED AND BALANCE AVAILABLE (Sec. 112(h)) a. Amount of Surplus U.R. Funds Reserved for this Applicant . .... .................... $ 0 _ ---� b. Amount of Surplus U.R. Funds Now Being Approved ......... ................... . 5 c. Balance of Surplus U.R. Funds Available foi Future Use (Line 10a minus 10b) . . ........... . . $ — 0 — HUD ACCOUNTING USE ONLY BATCH TAC PF� Y A REG ARrJ�mmPROJECT NUMBER — S' T76 1 4 9 12 13 14 15 23 30 35 CATEOOrN AldOUNT I _FFECTIVE DATE F AMOUNT 2 SCHEDULE NO. 36 41 45 50 54 60 81 83 70 74 79 11. RECIPIENTS OF APPROVED GRANT AMOUNTS IDENTIFICATION OF RECIPIENTS APPROVED COMMUNITY DEVELOPMENT APPROVED SURPLUS URBAN RENEW L FUNDS BLOCK GRANT (11 12) (3) a. Applicant Identified in Block No. I $ 5,328,000.00 5 — 0 — b. Name and Address of Recipient Other Than Applicant (Include Street. City, Coimly, State and Zip Code) S — 0 — S — 0 — C. Total S 5,328,000 $ — 0 — 12. AMOUNT OF LOAN GUARANTEE NOW BEING APPROVED (Sec, 108(6)) - 0 — 13. RECIPIENT OF LOAN GUARANTEE (Check only one) a. [Applicant Identified in Block No. I b. (_] Recipient Other Than Applicant (Nt,tn(• and Address) N /A . HUD-7082 (1-75) j 14. Waiver of Certain Application Requi.rcrients for Section 106 Gr��nt:s ` I / The application requirements of. Svc. 104(a)(1); (2..) acicl (3) are Vaived )-:ursuant to Scc. 1.0'+(h)(3), except as indi_catcd below: NIA 15. lieterr�inati.on Regarding Particularly Urgent Ncccds.Lo be Met by Proposed Activities llM, HUD has determined Lhat the activities described in the appli-c.at:ion as supporting comet -unity development needs having a pa. t.i-cul4i• urgency, as speci-f:ically described) in the appl ic6tJon, are designed Lo meet such needs. 16. Environmental Review Actions (a) / / The /applicant lacks legal capacity Lo assume environmental resl-)onsibilit.ies under Scc. 104(h). HIM has prepared and circulated a final Environmental Impact SLateincnt on the. . application. (b) kX1 The Applicant has Legal capacity to assume environmental responsibilities under Sec. ] 04 (h) and has submitted requests for release of funds and .certif.i:cat:i.ons approved by 'HUD Vincler Sec. -104 (h) (2) for all projects except those listed under Item ! 17(n) hereof and the following exempt activities; Community Development•Program Administration 1.7. Conditional Approvals on Use of Funds The obligation or utilization of funds for Lhe activities shown below, except- for the reasonable; administrative costs related to the planning and execution of the projects listed in subsection (a), is prohi.hited without the further express written authorization of HUD. (a) Projects requiring BUD environmental approval. under Sec.- 104(h)(2): See Attached Pages PROJECTS REQUIRING HUD ENVIROMVIENTAL CLEARANCE z; Land acquisition for Linear Park Leftwich Park paving Softball Complex in Linear Park Leftwich Park lights, picnic units, playground 6 Arnett School Park irrigation system,botanical supplies, playground Burns Park irrigation system Stevens Park picnic units, tennis courts, playground Bill Miller Park picnic units, lights, playground Earl Crow Park picnic units, playground _ Dupree Park lights, drainage channels, irrigation system, botanical supplies Canyon Lakes Project parking facilities Construction of sewer lines ahead of C.D. street paving t Street lighting on University Avenue from S.. Loop 289 to 82nd Street r; Street lighting on Indiana Avenue from S. Loop 289 to 82nd Street ' Street lighting on North University Ave. from Clovis Rd. to N. Loop 289 Street lighting at various residential locations - Curb ramps for handicapped access Street Paving - various locations a. Raleigh Ave. from 42nd to 38th b. Akron Ave. from 38th to 39th and from 40th to 41st . c. Ave. T from 41st to 43rd St. d. Ave. S from 42nd to 43rd St. e. Ave. F. from 48th to 50th St. .• f. 49th St. from Ave. D to Ave. F g. Ave. C from 46th to 47th St. h. 45th St. from Ave. D to Ave. B (and.drainage structure Street paving - north a. LaSalle Ave. from 22nd to 24th St. b. 24th St. from Kewanee to Iola c. Juneau Ave. from 21st to 26t St. d. Iola and Kewanee Avenues from 24th to 26th St. e. Hartford Ave. from Grinnel to Jarvis Street Paving - north (continued) f. Hartford from Cornell to Erskine g. Canton Ave, from Cornell to Erskine Street Paving - east a. Holly Ave. from E. Broadway to E. 15th Street b. Ironwood Ave, from E. Broadway to E. 15th Street C. June Ave. from E. Broadway to E. 15th'Street d. Beech Ave, from E. 4th St. to E. 10th Street K; e. E. 7th St. from Beech to David Ave. - f. Magnolia and Oak Avenues from E..13th Street to E. 17th Street g_. E. 14th Street from Magnolia to Quirt h. E. 17th Street from Magnolia to Quirt i. E. 15th Street from Spruce to Teak J. E. 13th Street from Magnolia to Quirt Distribution main in Brownfield Hwy, from pump station #7 to 19th Street . Construction of water lines ahead of C.D. street paving Expansion of water treatment plant Traffic signal at 42nd St. and Slide Road Code Enforcement Program Clayton Carter East rehabilitation project Posey "A" rehabilitation project Bean rehabilitation project Wolffarth rehabilitation project Clover Gardens rehabilitation project Contingency fund and unspecified local option activities r . s - • ,_ e (b) Sec. 105(a)(P) public services determined necessary or appropriate for which other Federal assistance may be available: NIA (c) Sec. 1.05(a)(2) flood or drainage .facilities for which other Federal assis":,nce nay be available: NSA- - (d) tiny activities within the preceding categories which will be undertaken as zi result of prograin amendments, or as unspecified local option activities. .(e) Activities aCT—ected by failure to comply with applicable 11UD regu- lations or 1=.; (The specific regulation or law with respect to each activity listed, -and the corrective actions required to remove the conditio=zil approval, are cited as Special Conditions in'Item 20.) .N/A , s° ' A) ...,c"w ,t',r�. lam. "` Yam.. •.sa' ..i.. I.neligit)lc Activities l:ccl.ucing Suction 1pG Ga ant: L'ntitic iiic�nL' Application for funding of Ole fol loc•li,nr proposed activitir..s, deterrii.ned 1)y IILID to be i.nclif;il-lle under Title I of the Act, is disapproved and the !Applicant's Sec. 106 grant ent'it.lNIlC.nt has been reduced in the amount slaoirn below:' 2'ropot;4 lLAct ivi.ty Amount N/A 19. Grant or Loan Guc'1. rantee Recipient Other. than Applicant Thegrant and/or loan guarantee ppproved for any recipient other- than the Applicant, as shoon in hews U—b. and/or 13,b., is for the _ following projects or activities: Name of: l:ecipient Project or Activity Amount N /A 20. Special Conditions and l-;odifications of Grant Agreement This funding approval is effective for a program year beginning June 19.19.76 through May 31, 1977. . r . / . / Check if continued on extra sheet and attach. The funding :approval indicated above for utilization of the assistance provided thereunder in accordance with the approved application, subject to the require- ments of Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) and the Department of Housing and Urban Development's rules -and regulations, and the execution of a Grant Agreement in accordance therewith; is hereby authorized for the program year beginning on June 1, 1976 ` Date: ,, ,,, Secretary of Housing and Urban Development MAYu ct lly : e . Date Applicant notif ied that funding has been nutliorized: AY 2 8 1976 ;. ACCEPTANCE -PROVISIONS The Grant Agreement, authorized by the Department of Housing and Urban Development on „ p MAY 2 6 197& under the Funding Approval for appli- cation/grant no.B-76-MC-48-00?2is hereby accepted by the Applicant as Grantee under the Agreement and the Grantee agrees to comply with the terms and conditions of the Agreement, applicable law, regulations and all requirements of'NHuD,' now or hereafter in effect, pertaining to the assist- ance pr ovded� , RU QF WB (Name of Applicant/Grantee) By: I s (Signature of Authorized Official) Title: Date: JUN i Q 1976,' kA_toy , As Zp fo . Jed O. Senter, jr. CIt Y Attor e HUD-7082 (1-75) U. S. DEPARTHM OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT t s COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HUD).agrees to pro- vide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L..93-383) authorized by the Funding Approval identified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all, other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD approved application specified therein, including any Assurances, certifications, maps, `x schedules or; other submissions made with respect thereto; -.the `HUD Community Development Block Grant Regulations at,24.CPR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by. the . Grant Agreement, any term defined in..Title I of the Housing,• and Comtrwnity•Development Act of 1974 or the HUD Community -Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. i i 2. (a) Agreement means this Grant Agreement, as described above and any amendments or supplements thereto. (b) Applicant means the entity designated as such in the Funding Approval. (c) Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. (d) Assurances,.when capitalized, means the certifications and assurances submitted with grant applications pursuant to the require- ments 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 t other activities, including the administration thereof, with respect to which assistance is being provided under this Agreement. 2.- "Section 311 Compliance in the Provision of Training, F�loyment 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 CF'R Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. s • 3• The Grantee 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 in-24 CFR 135.20(b) 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 section 3 clause. 3. Flood Disaster Protection: This 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 pursuant to;,,.. section 201(d) of said Act; and the use of any assistance provided.pnder 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 Yibt 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 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 followings 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 inconspicuous 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 employ- ment without regard to race,.color, religion, sex, or national.origin. The Grantee shall..incorporate the foregoing requirements of this paragraph (a) in all of.its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such.requirements in.all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended.- Such contracts shall be subject to HUD Equal Employment'Opportunity regula- tions at 24 CPR Part 130 applicable to.H[TD assisted construction'°contracts.+ The Grantee shall cause or require to be inserted in full i 41147 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 6. 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 followings 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 representa tive.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' representa- tives of the contractor's commitment under this section and shall post copies -of the notice in conspecuous 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 • 7. relevant orders of the Secretary of Labor. (5) The contrar:-..= -will furnish all inf' t4bn and reports required by Exec utiv- 2rder 11246 of Septembe- 24# 1965, -and. by the rules, regulations, a=rd orders of the Secret=T of Labor,' or pursuant thereto, and will perxit access to his books, rwirds, and accounts by the Department and the Secretary of Labor for P"PWIes of - investigation to ascertain complia=cz with such rules, regulatUms' .and"orders.°' (6) In the even of the contractor's.r9=°Vliance with the non- discrimination clauses of this contract or idtb Are/ of such rules, regulations, or orders, this contract may be ca=yiad,, teitninated:,or suspended in whole or do part and the contractor PWYbe'declared in- eligible for further ^c7vernment contracts, or fed*r4lly as.sisted--construc- tion contract procedx-s authorized in Executive (4,der 11246'of September 24, 1965, c= by rule, regulation) or ors, ' of ` the': -Secretary of Labor, or as othezo-dBe provided by law. (7) The contractor will include the portion. yg the sentence immediately preceding paragraph (1) and the protons. of -paragraphs (1} through (7) in every subcontract or purchase yrder unless'exempted by rules., 'regulations, or orders of the Secretary 6f Labor- issued` pursuant to section 204! of Executive Order 11246 of Septe*,)r 25, 1965, .-so, that such provisions will -D-- binding upon each eubco&-0-*,tor'or vendor: The 8 • contractor All 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, ihowever, that in the evert 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, Ahat.if the Grantee so participating is a State or. local government, b the above.equal.opportunity clause is not applicable to any agency, I..:,instrumentality.or subdivision of such government which does not t participate in work on or under the contract. _The.Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and .,.. ,.thei rules, ,_ regulations, . and relevant orders of the Secretary of Labor; that it will furnish the Department'and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. ' 9. The Grantee further agrees that it will refrain from entering 9 i into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, { or who has not demonstrated eligibility for, Government contracts. and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the. Department or*the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, the Grantee a agrees that if it fails or refuses to comply with these undertakings, R the Department take or all of the following actions: Cancel., P may �Y g � terminate, or suspend in whole or in part the grant or loan guarantee; N refrain from extending any further assistance to the Grantee=under the , f n • : .; program with respect to which the failure or refusal:occured 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. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead- fc' Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the .W 10. provisions for the elimination of lead -base paint hazards under sub- part B of said regulations, and the Grantee shall be responsible for the inspections and certifications 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. Incompliance 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 this Agreement, the following requirements: 'Jl) 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, (42USC 1857c-8) and section 308 of the Federal Water Pollution Control Act, as amended, 03USC 1318) relating to inspection, monitoring, entry, reports, and information, as.well as all other requirements specified in said section 114-and section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that.as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating " that a facility utilized or to be 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 paragraph (l) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event., shall any amount Of the assistance provided under this Agreement be utilized with respect to a facility which has given rise: to a conviction under section 113(c)(1) of the Clean Air Act or section jog(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 Agree- E i 12. ment, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of 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�meetirig the requirements of 29 OR 5.5 and, for such con tracts in excess of $10,000, 29 CFR 5a•3• No award of `the contracts covered under this section of the r . Agreement shall be made to any contractor who is at the time ineligible under the provisions of arW applicable regulations of the Department of'Labor to receive an award of such contract. S. 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 1: 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 13 such transfer, prohibiting discritination 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 Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted here- under, 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 withres t _ pect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant, -shall comply.with all lawful requirements of the Applicant 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 Applicant's Assurances and certifications, including those with respect to the assumption of environmental.responsibilities of the Applicant 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 • .:1, r 1!t this Agreement or to a.ny benefit to arise from the same. 11. Interest of Members, Officers, or Employees of Grantee, Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the Grantee, 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 exercises any functions or responsibilities with res- pect to the program during his tenure or for one year thereafter, shall have arty 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 incorporated,'in all such contracts or -.subcontracts a provision prohibiting such interest pursuant to the purposes.of this .section. 12. Prohibition Against Payments of Bonus or Commissions 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 the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or con- currence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees.or bona fide technical, No Text