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HomeMy WebLinkAboutResolution - 244 - Contract- Urban Renewal Agency- Acquistion_Relocation Services, Park Development - 08_23_1979W;. j_ RESOLUTION NO. 244 - 8/23/79 RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. I) WHEREAS, the City of Lubbock has heretofore acquired certain land pursuant to the expanding needs of the Community for additional park and recreational facilities; and WHEREAS, the City of Lubbock is to acquire certain additional lands for park facilities and open space in the vicinity south of Carroll Thompson Junior High School, portions of the north and south rim of Lake VI of the Canyon Lakes Project in Lubbock, Texas and desires to have the Urban Renewal Agency perform certain functions with respect to the acquisition of such land and in the ad- ministration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the Urban Renewal Agency desires to perform the functions for the City of Lubbock with respect to obtaining appraisals of certain parcels, acqui- sition of such land, and the relocation activities anticipated to be necessary on acquisition thereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for acquisition and relocation services between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, 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 Countil this 23rd day of August ,1979. Vwgm WEST, MAYOR ,ATTEST -.`-Evelyn Gaf ga,-. Uty Secr t -Treasurer APPROVED AS TO CONTENT: V c i,Foster, Community Development Coordinator APPROVED AS TO FORM: W.M. McKamie, Assistant City Attorney TIED. T0. RESOLUTION NO 244'. 8/231791Y'z v CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS: COUNTY OF LUBBOCK: THIS Contract is entered into on this ..23=d,day of . August f 1979 by and between the CITY OF LUBBOCK, a home rule municipal corporation, hereinafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY has heretofore acquired certain lands pursuant to the expanding needs of the Community for additional Park and Recreational faci- lities; and WHEREAS, the CITY is to acquire certain additional lands for park facili- ties and open space in the vicinity south of Carroll Thompson Junior High School, portions of the north and south rim of Lake 6 of the Canyon Lakes Project in Lubbock, Texas and desires to have the AGENCY perform certain functions with respect to the acquisition of such lands and in the admini- stration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to obtaining appraisals of certain parcels, acquisition of such lands and the relocation activities anticipated to be necessary upon acquisition thereof. NOW, THEREFORE, the CITY and the AGENCY do hereby agree as follows: 1. The AGENCY shall furnish certain services with respect to the acqui- sition of certain parcels of land on behalf of the CITY for its "Parks and Recreation Department", the said parcels being described in Exhibits A and B of this contract. All of the said properties are located within the City of Lubbock. 2. The AGENCY will provide the following services with respect to the acquisition of said parcels: A. The AGENCY shall obtain and present to the CITY appraisals for the respective parcels of land to be acquired under this Contract. The CITY shall determine the fair market value of each parcel of land based on a review of such appraisals, and AGENCY will meet personally with each owner of respective parcels of land and present to such owner a written offer based on such established fair market value. B. The AGENCY will deliver the written offer to purchase the property to the owner (based upon the CITY'S review of appraisal and establish- ed fair market value) together with a summary statement of the basis of the offer, prepared in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the "ACT". C. The AGENCY'S negotiator will explain to each owner the policies and requirements of the CITY with respect to the acquisition of the parcels of real property to be acquired as set forth in this contract. D. The AGENCY will discuss the offer to purchase with the respec- tive owners of the parcels of real property, including information contained in the summary statement of the basis of the offer, and all other terms and conditions of the option to sell which will be presented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels of property every reasonable opportunity to present evidence which the owner believes to be relevant to the question of value and which may be suggested in the terms and conditions in the option as may be necessary and desirable, and AGENCY shall report any proposed modification to CITY. F. The AGENCY will contact all parties to obtain releases of liens or any other instruments which the CITY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Contract. G. The AGENCY will provide such services with respect to the coor- dination of the all appraisal activities, including the appraisers and review appraiser, as may be necessary and as requested by the CITY. 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels of real property which are to be acquired by the CITY, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of reloca- tion assistance that is available under the terms of the Act. B. Provide counseling services as necessary to the displaced owners, tenants or any other person who is entitled to relocation assistance under the Act. C. Prepare all necessary claim forms, notices, or any other papers or documents as may be required by the Act and deliver such to the appro- priate parties. 4. The AGENCY agrees to maintain such records as may be required by the Act, which is understood to govern the procedures employ in the acqui- sition of such parcels of real property for the purposes set forth herein. Upon completion of all services to be performed under this contract, in cluding the hereinabove specified relocation services for each parcel, the AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this contract after the completion of such services as are specified to be performed by the AGENCY herein. 5. The AGENCY agrees to provide such appraisals and appraisal reviews of the properties to be acquired for such project, in accordance with the Act. The costs of such appraisals and appraisal reviews shall be borne by the AGENCY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel -and pursuant to the establishment thereof the AGENCY shall make all certifications relating thereto as required by the Act. 7. The CITY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and for relocation with respect to the parcels of land as set forth in this contract. 8. The CITY retains the right to make all final decisions with respect to the establishment of fair market value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract. 9. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels set forth herein until such time as all relocation of the occupants has taken place. 10. The CITY will be responsible for all structures, foundations, fences, etc., and for any site preparation of the said described parcels. 11. The CITY will make all payments and disbursements with respect to acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the described parcels for such project. 12. The CITY will be responsible for any eviction or condemnation proceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings except that such AGENCY personnel pro- viding the services as are specified herein to the CITY will be available to testify in Court if needed. 13. The CITY shall reimburse the AGENCY for the services of the AGENCY as are set forth herein, based upon an actual hourly time cost of the personnel of the AGENCY involved in providing the services and the actual cost of reimbursable items including travel, office expense, and appraisal services, and the AGENCY shall provide the CITY an itemized bill at such time as the appraisals, acquisition and relocation services for any particular parcel are completed, with the maximum compensation to be due the AGENCY for all services to be performed and actual expenses incurred and provided hereunder by the.AGENCY to be THIRTY-ONE THOUSAND EIGHT HUNDRED AND 00/100 ($31,800.00) DOLLARS. 14. The AGENCY agrees and is hereby bound in the execution of this contract by the requirements and provisions as set forth in Part II: Terms and Conditions, attached hereto, and by reference made a part hereof for all particulars as though fully set out herein. 15. This contract shall terminate upon the completion by the parties and satisfaction of all terms and provisions provided hereunder. 16. This contract constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the CITY and AGENCY .have executed this Contract as of the first date above written. CITY OF LUBBOCK T�"eoo� Wk West, Mayor ATTEST: -- -Evelyn Gaf ga, City S cr -Treasurer Vi ki Foster, Community Development Coordinator APPROVED AS TO FORM: W.M. McKamie, Assistant City Attorney URBAN RENE AG 'THE CITY OF LUBBO EX6S Tommie tevens, Chairman ATTEST: H.O. Alderson, Secretary ESHIB IT "A" Yellowhouse, Lake 6 Parcel No. Description 99600-95-250 Abstract 95, Block B, Section 3, Tract 1 99600-95-225 Abstract 95, Survey 3, Block B,.... Tract H and Abstract 895, Survey 4, Block 0, Tract F 99600-95-100 Abstract 95, Survey 3, Block Tract C-1 and Abstract 895, Survey 4, Block 0, Tract G-1 99600-95-125 Abstract 95, Survey 3, Block B, Tract C-2 and Abstract 895, Survey 4, Block 0, Tract G-2 99600-95-175 Abstract 95, Survey 3, Block B, Tracts C-4 and G-4 99600-95-25 Abstract 95, Survey 3, Block B, Tract B-1 99600-95-50 Abstract 95, Survey 3, Block B, Tract B-2 99600-95-75 Abstract 95, Survey 3, Block B, Tract B-3 72090-0-850 Puckett Suburban Homes Lot 163 99600-895-370 Abstract 895, Survey 4, Block 0, Tract H '$9600-895-350 Abstract 895, Survey 4, Block 0, Tracts G-3 and G-4-1, C-3 and C-4-1 99600-895-300 Abstract 895, Survey 4, Block 0, Tracts E-3 and E-4 99600-895-290 Abstract 895, Survey 4, Block 0, Tract E-2 99600-895-270 Abstract 895, Section 4, Block 0, Tract E 99600-895-280 Abstract 895, Section 4, Block 0, Tracts E-5 and E-IA E X H I B I T "B" South Overton Park Parcel No. Description 67440-44=10 The E. 37.5' of Lot 10, Block 44, Overton Addition 67440-44-11 The W. 12.5' of Lot 10 and the East half of Lot 11, Block 44, Overton Addition 67440-44-12 The West.half of Lot 11 and Lot 12, Block 44, Overton Addition PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Conditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Develop- ment (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community Develop- ment Program. (d) Assurances, when capitalized, means the certifica- tions and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the Community Development program, project, or other activities, including the administration there- of, with respect to which assistance is being provided under this Agreement. 2. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued there- under prior to the HUD authorization of the Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECTS. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affir- mative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and the making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities required by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or representative of workers with which he has a collec- tive bargaining agreement or other contract or understand- ing, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the sub- contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regula- tions. F. Compliance with the provisions of Section 3, the re- gulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assis- tance, its successors, and assigns, Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts re- quired to contain the above Section 3 clause. 3. Flood Disaster Protection: The agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisi- tion or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood in- surance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended 42 U.S.C. 4001 et seq., provisions obligating the trans- feree and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4., Equal Employment Opportunity: (a) Activities and contracts not subject to Executive Order 11246 as 'amended. n carrying out the program, the Grantee s a l not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and se- lection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consider- ation for employment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall e subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construc- tion contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contract- ing officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or rep- resentative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regula- tions, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part.and the contractor may be declared ineligible for further Government contracts or fed- erally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceeding paragraph (1) and the provisions of para- graphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment prac- tices when it participates in federally assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal op- portunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the City and HUD in the discharge of HUD's primary respon- sibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Sub -Part D of the executive order.. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory as- surance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitation of residen- tial structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certif- icates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pol- lution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in -full in all contracts and subcontracts with respect to any nonexempt transaction 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 re- quirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Govern- ment 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 309(c) of the Federal Water Pollution Control Act. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with as- sistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable re- quirements of the regulations of the Department of Labor under 29 CFR Parts 3,5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are im- posed by state of local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regula- tions, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time in- eligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 196T7. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 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 Cit Members ot Local Governing Body, or Other Public 0 icials: No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or respon- sibilities with respect to the program during his tenure or for one year thereafter; shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incor- porated, in all such contracts or subcontracts a provision pro- hibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.