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HomeMy WebLinkAboutResolution - 821 - Grant Agreement - HUD - Community Development Funding Year 1981-82 - 06_18_1981SMH:pc T2rgnT.T1TT0N RESOLUTION #821 - 6/18/81 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT UNDER THE FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 FOR COMMUNITY DEVELOPMENT FUNDING YEAR 1981-82 BETWEEN THE CITY OF; LUBBOCK AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENT OR INSTRUMENT NECESSARY TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL. WHEREAS, Title I of the Community Development Act of 1977, Public Law 93-! 383, provides for a program of Community Development Block Grants; WHEREAS, the 1981-82 Annual Application for Community Development Block Grants for the City of Lubbock having been submitted to and approved by the Department of Housing and Urban Development; and WHEREAS, the City Council, has determined that participation in the Community Development Block Grant Program will be in the best interest of the citizens of the City of Lubbock; 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 Grant Agreement!i under the Funding Approval under Title I of the Housing and Community Develop-i ment Act of 1974, attached herewith which shall be spread upon the minutes 1', of the Council and as spread upon the minutes of this Council shall constitutej' and be a part of this Resolution as if fully copied herein in detail. b THAT the Mayor of the City of Lubbock BE and is hereby authorized and i directed to execute for and on behalf of the City of Lubbock any other docu- ment or instrument necessary to implement the activities approved in the i Funding Approval. Passed by the City Council this 18th day of ne 1981. i o w 4JA BILL McALISTER, MAYOR . ATTESTc A� Evelyn G ffg Cit ary-Treasurer '""AP ROVED AS TO CONTENT: Vicki Covey, C unity Development Coordinator AP OVED AS TO F RM: Susan M. Horton, Assistant City Attorney U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (Public Law 93-383), AS AMENDED 1. NAME OF APPLICANT 2. APPLICATION/GRANT NO. City of Lubbock, Texas B-81—MC-48-01022 3. APPLICANT'S ADDRESS (Include Street, City, County, State and Zip Code) P. 0. Box 2000 4. DATE OF APPLICATION Lubbock, Lubbock County 2-12-81. Texas 79457 5. DATE OF HUD RECEIPT OF APPLICATION 3-17-81 . 6. Original Funding Approval [_ Amendment. Amendment No. All section references below are to the Housing -and Community Development Act of 1974 as amended unless otherwise indicated. 7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION (Check only one) a. ❑ Metropolitan Entitlement (Sec. 106) b. ❑ Metropolitan Discretionary (Sec. 106) c. ❑ Non -Metropolitan Entitlement (Sec. 106) d. ❑ Non -Metropolitan Discretionary (Sec. 106) e. ❑ Secretary's Discretionary (Sec. 107) I. ❑ Categorical Program Settlement Grants (Sec. 103 b)) S. AMOUNT OF COMMUNITY DEVELOPMENT BLOQK GRANT FUNDS APPROVED i a. Amount of CDBG Funds Currently Reserved for this Applicant ............................ ►13 _ �360, 000 b. Amount of CDBG Funds Now Being Approved for this Applicant ....... $ 3, 360, 000 c. Amount of Reservation to be Cancelled (Line 8a minus 8b)................................ $ HUD ACCOUNTING USE ONLY BATCH TAC PROGRAM Y A REG ARE DOCUMENT PROJECT NUMBER — 5 1 5 3 Im ni 1 76 7 0 8 2 1 4 9 12 13 14 10 1s 23 30 35 AMOUNT 1 EFFECTIVE DATE F AMOUNT2 SCHEDULENO. IM 3e 41 45 so 54 50 a1 65 70 _ 74 7D 9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT a. Grant Amount Budgeted by Locality for Repayment of Urban Renewal Loans ................... $ b. Grant Amount Withheld for Payment of Principal and Interest on Loans Guaranteed Pursuant to Sec. 108 . $ c. Grant Amount Deducted by HUD to Settle Outstanding Urban Renewal Loans (Sec.112(a)(1)) ....... ... .. ........... ................ $ ..... .... .. d. Sum of lines 9a, 9b, and 9c...............................:...... $ e. Amount of Approved CDBG Available for Disbursement (Line 8b minus 9d) .................... $ 3,360,000 Previous Editions are Obsolete 1 HUD-7082 (8=78) INSTRUCTIONS BLOCK NO. I. Enter the Applicant's name as shown in Item 4 of Standard Form 424. 2.. Enter the number shown in Item 30 of Standard Form 424. NOTE: If reallocated funds are being made available as a supplement to an existing grant, enter in addition to the reallocated number the existing grant number (i.e., the complete number of the original grant which maybe of a different type or from a different year of fund authori- zation). 3. Enter the Applicant's complete address as shown in Item 4 of Standard Form 424. 4. Enter the date of application or amendatory shown in Item 23 of Standard Form 424. S. Enter the month, day and year that the application or amendatory was received, provided that it was judged to be complete, and the 75 day period was started in accordance with 24 CFR 570.311. If the application was incomplete, enter the date that the additions which made it complete were received. Complete only when 7a or 7c is checked. 6. Check the appropriate box. Check "Original Funding Approval" for the first funding approval form executed under the grant number shown in Block No. 2. Check "Amendment" for subsequent funding approval forms executed under the same grant number. Number amendments under the same grant number consecutively, starting with "L" 7. Check the appropriate box. 8. The amounts entered in this block shall pertain only to funds appropriated for CD Block Grants. They shall not include amounts pertaining to surplus urban renewal funds, which are handled separately in Block No. 10. a. Enter the amount of CDBG funds currently reserved for this Applicant under the grant number shown in • Block No. 2. If amendment, enter the amount of CDBG funds which have been reserved since the completion of the previous Funding Approval form. b. Enter the amount of CDBG funds now being approved for this Applicant. If amendment, enter only the increase (+) or decrease (—) in the amount of CDBG funds approved for use by this Applicant under the grant number shown in Block No. 2. C. Subtract the amount on line 8b from the amount on line 8a and enter the difference on this line. 9. The amount entered in this block shall pertain only to the distribution of the grant amount approved on line 8b. a. Enter the amount voluntarily budgeted by the locality for repayment of urban renewal loans. Attach schedule indicating the following for each loan: Project Number: Amount of CDBG funds budgeted for loan repayment: S b. Enter the amount to be withheld for payment of principal and interest due the purchaser of notes or other obligations guaranteed pursuant to section 108 or, if applicable, for repayment due the United States as a result of guarantees made pursuant to section 108. C. Enter the amount deducted by HUD pursuant to 24 CFR 570.802 to be used for repayment of urban renewal loans. Attach schedule, indicating the following for each loan: Project Number: Amount of CDBG funds to be applied to loan repayment: $ d. Add the amounts on lines 9a, 9b, and 9c and enter the sum on this line. e. Subtract the amount on line 9d from the amount on line 8b and enter the difference on this line. This is the amount of CDBG funds made available by this Funding Approval form for disbursement through the grant payment system (e.g., letter of credit). HUD-7082 (8-78) 10. AMOUNT OF SURPLUS URBAN RENEWAL FUNDS APPROVED ANO BALANCE AVAILABLE (Stcr 112(b# a. Amount of Surplus U.R. Funds Reserved for this Applicant ...................... $ b. Amount of Surplus U.R. Funds Now Being Approved :.....:.......... ........... $ c. Balance of Surplus U.R. Funds Available for Future Use (Line 10a minus 10b)........ $ HUD ACCOUNTING USE ONLY BATCH AMCGRAM n REG DOCUMENT p PROJECT NUMBER' 173 082 - S 1 2 9 12 13 14 16 la 23 30 35 CATEGOR AMOUNT 1' FFECTIVE OA n AMOUNT 2 SCHEDULE NO. 41 45 SO 54 60 81 85 70 74 79 11: MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED a. Applicant's Latest Entitlement Amount — $ x 3 $ b. Grant Amount Required by HUD to be Applied to Urban Renewal Loans $ c. Amount of Outstanding Loans (Including Principal and Interest Thereon) Guaranteed $ Pursuant to Section 108 d. Amount of Outstanding Loan Guarantee Commitments Approved Pursuant to Section 108 $ e. Maximum Amount of Loan Guarantee Commitment Available (Line Ila minus llb, Ilc, $ and Ild) f. Amount of Loan Guarantee Commitment Now Being Approved $ 12. RECIPIENT OF LOAN GUARANTEE (Check applicable Box) a. ❑ Applicant Identified in Block No. 1 b. ❑ Public Agency Designated by Applicant as Grantee to Receive Loan Guarantee (Name and Address) _ HUD-7082 (8-78) 10. Complete only if surplus grant funds remained after the financial settlement of urban renewal and/or NDP project(s), and those funds have been reassigned to this Applicant. Reference: 24 CFR 570.801. a. Enter the amount of surplus U. R. funds reserved for this Applicant. Verify this amount with the Regional Accounting Division. On the first Funding Approval form in which this block is completed, enter the total amount of surplus U. R. funds reserved for this Applicant via Form HUD-718. On subsequent Funding Approval forms, whether original or amendment, enter the balance of surplus U. R. funds available for future use, as shown on line 1 Oc of the previous Funding :Approval form, plus any additional amount of surplus U. R. funds reserved for this Applicant via Form(s) HUD-718. b. Enter the amount of surplus U. R. funds now being approved for use by this Applicant. This amount will be disbursed through the grant payment system being used for CDBG funds (e. g., letter of credit). -If a letter of credit is being used to disburse CDBG funds, the same letter of credit will be used to disburse surplus U. R. funds. c. Subtract the amount on line 10b from the amount on line 10a and enter the difference on this line. 1A : a. Enter an amount equal to three times the Applicant's latest entitlement amount. b. Enter the amount of grant funds required by HUD to be applied to the repayment of urban renewal tem- porary loans pursuant to 24 CFR 570.802. Reference: 24 CFR 570.703(a). C. Enter the amount of outstanding loans (including principal and interest thereon) guaranteed pursuant to Section 108. A. Enter the amount of outstanding commitments to guarantee loans made pursuant to Section 108 (approved commitments minus outstanding loans guaranteed). e. Subtract the amounts on lines l 1b, 11c, and 11d from the amount on line I I and enter the difference on this line. f. Enter the amount of the loan guarantee commitment now being approved for this Applicant. NOTE: the amount approved cannot exceed the amount on line 1 le. 12. Check the appropriate box. Enter the name and complete address (Street, City, County, State and ZIP Code) of any public agency designated. The public agency must execute the Acceptance .Provision as a party to the grant agreement. 13.18. Complete applicable sections. HUD-7082 (8-78) 13. Waiver of Certain Application Requirements for Section 106 Grants ❑ The application requirements of Section 104(a)(1), (2) and (3) are waived pursuant to Section 104(bx3), except t as indicated below: N/A 14. Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities N/A ❑ HUD has determined that the activities described in the application as supporting community development needs t having a particular urgency, as specifically described in the application, are designed to meet such needs. 15. Environmental Review Actions (a) ❑ The Applicant lacks legal capacity to assume environmental responsibilities under Section 104(h). HUD t has prepared and circulated a final Environmental Impact Statement on the application. (b) IM The Applicant has legal capacity to assume environmental responsibilities under Section 104(h) and has 2 submitted requests for release of funds and certifications approved by HUD under Section 104(hx2) for all projects which are subject to the environmental review requirements of 24 CFR Part 58 and require HUD release of funds, except those listed under Item 16(a) hereof. 16. Conditional Approvals on Use of Funds The obligation or utilization of funds for the activities shown below, except as provided under subsection (a), is pro- hibited without the further express written authorization of HUD. (a) Projects requiring HUD written release of funds under Section 104(h)(2): (However, _funds may be obligated or utilized for: (1) the payment of reasonable administrative costs related to the planning and execution of projects listed in this subsection and (2) other related activities specified under 24 CFR 58.21 as exempt from environ- mental review requirements, including eligible planning, design, and environmental activities.) As determined and documented in the Environmental Review Record by the Grantee pursuant to 58.21(b) and (c). HUD-7082 (8-78) (b) Sec. 105 (a) (8) public services determined necessary or appropriate for which other Federal assistance may be available: N/A (c) Sec. 105 (a) (2) flood or drainage facilities for which other Federal assistance may be available: N/A (d) Any activities within the preceding categories which will be undertaken as a result of program amendments, or as unspecified local option activities. N/A (e) Activities affected by failure to comply with applicable HUD regulations or law: (The specific regulation or law with respect to each activity listed, and the corrective actions required to remove the conditional approval, are cited as Special Conditions in Item 18.) N/A 17. Ineligible Activities Reducing Section 106 Grant Entitlement Application for funding of the following proposed activities, determined by HUD to be ineligible under Title I of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount shown below: Proposed Activity N/A Total: Amount HUD-7082 (8-n) 18. Special Conditions and Modifications of Grant Agreement N/A Q 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 requirements of Title I of the Housing and Community Development Act of 1974 (P.L. 93-383), as amended, and the Department of Housing and Urban Development's rules and regulations, and the execution of a Grant Agree- ment in accordance therewith, is hereby authorized for the program year beginning on -SUN---«;- . Date: MAY 2.9 1981 Secrets Hou ' and Urban o e Signature) (`title) Date Applicant notified that funding has been authorized: MAY �� =I ! HUD-7082 (8-78) ACCEPTANCE PROVISIONS The Grant Agreement, authorized by the Department of Housing and Urban Development on June 1, 1981 under the Funding Approval for application/grant number B-81-MC- - 0022 is hereby accepted by the Applicant as Grantee under the Agreement; and the Applicant/Grantee agrees to comply, and to accept responsibility for compliance by any public agency designated as Grantee to receive loan guarantee assistance and by any public or private non-profit entity, local development corporation, or small business investment corporation carrying out grant activity on behalf of the applicant, with the terms and conditions of the Agreement, applicable law, regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. City of Lubbock, Texas (Name of Applicant/Grantee) By: (STghature of Authorized Official) Bill McAlister, Mayor (Title) June 18, 1981 (Date) HUD-7082 (8-78) U. S. DEPART'*M OF HOUSING AND URBAN DMLOPMENT GRANT AGREEMENT COWWTY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HOD) 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 lax, 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, schedules or other submissions made with respect thereto, 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 the G.-ant Agreement, any term defined in Title I of the Housing and Community 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. (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 CF'R Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the community development program, project, or other activities, including the administration thereof, with respect to which assistance is being provided under this Agreement. 2. "Section 3" Compliance in the Provision of Training, Employment and Business Opp2rtunitiess This Agreement is subject to the requirements of section 3 of the Housing and Urban Development Act of 1966 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 1351 and any applicable 'rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The 4rantee shall cau+te cr require to be inserted in full in 'all contracts and subcontra,'tm for work financed in whole or in part with assistance provided under this, Agreement, the section 3 clause set forth in-2h 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 Protectiont This Agreement is subject to the requirements of the Flood Disaster Protection Act or 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 aection 201(d) of said Actf 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 vale, 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 beeit 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 1913• 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 Opportunitys (a) Activities and contracts nbt 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 poet in conspicuous places, availablo 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 subjecx to HUD Equal Employment Opportunity regula- tione 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 lgreement,'the following equal opportunity clauses 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 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, 1965s 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 11?46 of September 242 1965s and by the rules, regulatione, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with ouch rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or frith any of ouch riles, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor W be declared it - eligible for further Government contracts or federally assisted.construc- tion 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. d. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by riles, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 25, 1965s 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 ouch 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 works 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 Department 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 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. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 112L6 of September 24s 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 agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantees retrain from extending any further assistance to the Grantee under the 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 Faint Hazardsr The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead. Based Paint regulations, 2h 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 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, L2 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 LO 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 this 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 a.11 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, (33USC 1318) relating to inspection, monitoring, entry, reports, and information, 11. as well as all other requirements specified in said section llh 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 utilised 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'eause to be included the criteria and requirements in paragraph (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 given rise to a conviction under section 113(c)(1) of the -Clean Air Act or section Y 309(e) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisionst 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- 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 meeting the requirements of 29 CFR 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 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 PI 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 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 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 with res- 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 IM(h) of ' the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officialst 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 14. this Agreement or to any 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 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 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, 15. consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.