HomeMy WebLinkAboutResolution - 822 - Agreement - URA - Community Development Funding - 06_18_1981SMH:pc RESOLUTION #822 - 6/18/81
RESOLUTION
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY DEVELOPMENT
FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF
THE CITY OF LUBBOCK.
WHEREAS, the City is obligated to do and perform certain services in its
undertaking of a Community Development Plan pursuant to the Housing and
Community Development Act of 1974 as amended;
WHEREAS, the Agency is a public body, corporate and politic, created
pursuant to Art. 12691-3, V.A.C.S., and is transacting business and exercising
the powers granted by said law; and
WHEREAS, the City desires to contract with the Agency to provide and do
certain activities and services pursuant to the Housing and Community Develop-
ment Act of 1974 as amended and the related rules and regulations of the
Department of Housing and Urban Development (HUD), and said Agency is authoriz
by law and is willing to carry out such activities; 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 Community
Development Funding Agreement 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 City Council this 18th day of June 1�81.
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gdffg'a, Citj �retary-Treasurer
APPROVED AS TO CONTENT:
Vicki Covey, Commun Development Coordinator
APPROVED AS TO FORM::
".;� - �Io'
Susan M. Horton, Assistant City Attorney
RESOLUTION No. 2492
RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE A
al�IINITY DEV=PNLENT FUNDING AGREFT4ENT BY AND BETWEEN THE CITY
OF LUBBOCK AND THE URBAN R=,ML, AGENCY WITH RESPECT TO 7TH YEAR
COMMIIJNITY DEVELOP= ACTIVITIES
WHEREAS, the City of Lubbock is undertaking a Community Development Plan
pursuant to the Housing and Community Development Act of 1974 as amended;
and
WHEREAS, the City desires to contract with the Urban Renewal Agency to
have the said Agency carry out certain activities pursuant to the Act as
amended; and
WHEREAS, the activities pursuant to the Ccnrm-mity Development Plan to be
carried out by the Agency are to include rehabilitation, relocation assistance,
real estate acquisition, and site inprovements in certain areas designated
by the City as "Community Development Rehabilitation and Redevelopment Areas"
as set forth in the said Plan; and
WHEREAS, pursuant to said Plan the City will provide to the Agency the
sum of $1,850,000.00 for the purpose of carrying out and performing the said
activities pursuant to such plan; and
WHEREAS, an agreement entitled "Cmuunity Development Funding Agreement
by and between the City of Lubbock and the Urban Renewal Agency of the City
of Lubbock" for said 7th Year Community Development Activities has been pre-
sented to the Agency for approval and execution;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COPM[ISSIONERS OF THE
URBAN RENEVAL AGENCY OF THE CITY OF LUBBOCK:
SECTION 1. THAT said agreement be and is hereby approved, subject.
to the final approval of the City's 7th Year Community Development
Application and clearances thereto.
SECTION 2. THAT the Chairman be and is hereby authorized to excecute
said funding agreement with the City of Lubbock on behalf of the
Urban Renewal Agency, for the carrying out of certain activities as
are set forth in a Community Development Plan that has been pre-
pared and submitted to the Department of Housing and Urban Develop -
rent, in accordance with and pursuant to the Housing and Cc minty
Development Act of 1974 as arvanded, subject to HUD's final
approval and clearances.
on notion of Ccnu issicner Burbridge , seconded by Commissioner
Cammack the above and foregoing Resolution was passed this 19th(day
of May 1981, by the following vote:
Commissioners voting "AYE": Braxton, Burbridge, C amuck, Castaneda
McKeever, Nelson, Pipkin.
Commissioners voting "NAY": None.
CHAT
Ai'TEST:
SECRETARY
CITY OF LUBBOCK
TO: Richard Mays, Community Development Coordinator
FROM: Susan M. Horton, Assistant City Attorney
SUBJECT: Funding Agreement with Urban Renewal Agency
DATE: June 24, 1981
Resolution No. 822 which is the Funding Agreement between the City of
Lubbock and the Urban Renewal Agency was approved by the City Council.
However, the Council directed at that time that commencing with the 1982-83
fiscal year the Urban Renewal Agency is to prepare and submit their proposed
budget in accordance with the City's budgeting process using the appropriate
channels to do so. Although this directive does not have an effect upon the
Funding Agreement that was approved for this year it should be a part of the
contract for next year Funding Agreement. I would suggest for the 1982-83
Urban Renewal Funding Agreement that paragraph seven read as follows:
"7. It is agreed that the Agency shall prepare and submit their proposed
budget in accordance with the City's standard budgeting process."
All the subsequent paragraphs should then be renumbered to reflect this change
in paragraph number seven.
If you have any questions or comments please forward them to me.
Susan M. Horton
SMH:pc
xc:'/Evelyn Gaffga, City Secretary
Jim Bertram, Director of Planning
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RESOLUTION #822 - 6/18/81
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into this day oX.tion,
1981,
between the City of Lubbock, a home rule municipal Corp hereinafter
called "City" and the Urban Renewal Agency of the City of Lubbock, Texas, a
municipal corporation, hereinafter called "Agency".
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain services in its
undertaking of a Community Development Plan pursuant to the Housing and Community
Development Act of 1974 as amended;
WHEREAS, the Agency is a public body, corporate and politic, created
pursuant to Art. 12691-3, V.A.C.S., and is transacting business and exercising
the powers granted by said law; and
WHEREAS, the City desires to contract with the Agency to provide and do
certain activities and services pursuant to the Housing and Community Development
Act of 1974 as amended and the related rules and regulations of the Department
of Housing and Urban Development (HUD), and said Agency is authorized by law
and is willing to carry out such activities;
NOW THEREFORE, the City and the Agency do hereby mutually agree as follows:
1. The Agency agrees to perform and do such activities as may be
necessary to provide rehabilitation and relocation assistance
programs as well as to make acquisitions deemed necessary and
described in the Community Development and Housing Plan 1979-82
and the Annual Application which begins June 1, 1981 and continues
to May 31, 1982, and the specific Urban Renewal Plan approved
and adopted by the City Council, pursuant to and under the
authority of Article 12691-3, V.A.C.S.
2. To carry out the agreed services, the City will apply for funds
from the Department of Housing and Urban Development and such
funds when received by the City shall be paid to the Agency to
carry out such services, the total amount paid not to exceed
one million, eight hundred fifty thousand dollars, ($1,850,000.00).
3. The Agency will perform the activities set forth in this agree-
ment in such areas of the City heretofore designated as Neighbor-
hood Strategy Areas and which bear specific designations as Area
7E, Area 17C, Area 20, Area 22, Area 25, Area 26, Area 27C, and Area
29. The site locations are indicated in Exhibit A (attached).
The named and described areas are within designated Community
Development Rehabilitation and Redevelopment Areas. Plans for
each of the said areas are set forth in a specific Urban Renewal
Plan which includes the objectives, land -use, techniques for
carrying out each plan, procedures for changing any plan, property
rehabilitation standards, specific restrictions, boundary descriptions,
and acquisition maps, all adopted by the City Council in accordance
with law, all of which are on file in the Office of the City
Secretary and the Office of the Executive Director of the Urban
Renewal Agency and to all of which reference is here made and by
reference made a part hereof for all particulars as though fully
set out herein.
C. Real Estate Acquisition. The Agency agrees to acquire by
purchase, dedication or eminent domain proceedings such
properties within the designated areas set forth in the
Community Development Plan for the City as are reasonably
necessary to achieve the Urban Renewal objectives within
the said areas.
Further, the Agency will provide such technical assistance
to the City as the City deems necessary and desirable in
connection with real estate acquisition and disposition
of properties within the boundaries of the City. In this
connection, the Agency will be reimbursed by the City for
its administrative and other costs in providing such ser-
vices and technical assistance.
The Agency agrees to comply with and will maintain the appro-
priate HUD -required records proving compliance with the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, and all applicable regulations, policies
and requirements promulgated by the Department of Housing
and Urban Development pursuant to said Act, and the Housing
and Community Development Act of 1974 as amended, in the
acquisition of properties pursuant to the Community Development
Plan of the City.
D. Public Improvements. The Agency shall make or cause to be
made such public improvements within the designated Urban
Renewal areas as are set forth in the approved budget, and
amendments thereto.
6. It is agreed that the City shall pay to the Agency an amount not
to exceed one million, eigth hundred fifty thousand dollars
($1,850,000.00) for the services performed under this agreement
with such payment to be paid upon submission of a request for payment
by the Agency to the Community Development Coordinator. The Agency
will be paid for the costs of rendering and performing the services
herein agreed upon as set forth in the Activities and Work Program,
Exhibits B and C (attached).
7. The City shall provide technical and engineering services in connection
with and respecting the Project Areas within the City of Lubbock,
Lubbock County, Texas, to be described in writing prior to preparation
of plans and specifications, and shall do, perform, and carry out
in a satisfactory and proper manner, as determined by the Agency the
following: General Supervision, including Field Layout, and Admini-
stration of Authorized Construction and continuous resident field
inspection, and acceptance for final payment for sidewalk improvements
in the Lubbock Community Development Program, seventh year, areas
7E, and 20.
8. For services provided by City, the Agency will pay to the City the
actual cost of services performed, said services not to exceed six
percent (6%) of the total project cost.
9. Amendments to the Activities and Work Program, Exhibits B and C,
which amount to less than 20% of the total funding authorized by
this agreement may be made by the Agency with the approval of the
City Manager. Any change which singly or cumulatively constitutes a
shift of 20% or more in the amount of funds allocated may be made
by the Agency only after approval by the Agency's Board of
Commissioners and by the City Council.
10. The Agency shall furnish the City with any appropriate reports
regarding the status of the projects or services being funded under
this agreement. Such reports shall contain all the information
that may be requested by the City's Community Development Department
regarding the performance of the Agency's activities. The City
shall advise the Agency as to the form and content of these reports.
11. The Agency, in compliance with Article 12691-3, Section 16(c),
V.A.C.S., shall file with the City on or before March 31st of each
year a report of its activities for the preceding calendar year.
The report shall include a complete financial statement by the
Agency setting forth its assets, liabilities, income, and operating
expenses as of the end of such calendar year.
12. The City hereby designates the Community Development Coordinator
as its single point of contact with the Agency. All reports or
other communications relative to this agreement shall be addressed
to the Coordinator or to a delegate expressly named by the
Coordinator.
13. The Agency shall be deemed at all times to be an independent con-
tractor and nothing contained herein shall be construed as creating
the relationship of employer and employee between the City and
Agency.
14. The City shall have the right of access to Agency records, properties,
and offices at any time for the purpose of verifying that the
Agency is in compliance with the terms of this agreement.
15. The activities performed by the Urban Renewal Agency with funds
provided under this agreement shall be performed within the Com-
munity Development target areas. For purposes of determining
venue and the law governing this agreement, activities performed
under this agreement are performed in the City and County of
Lubbock, State of Texas.
16. The City shall not be subject to any of the obligations or lia-
bilities of the Agency incurred in the performance of this
agreement. The Agency expressly agrees to indemnify and hold
harmless the City for any and all liabilities and obligations
incurred due to the negligence of the Agency, its employees,
officers, agents, subcontractors or agencies, or the negligent
acts or omissions, breaches of contract of the Agency or its
employees, officers, agents subcontractors or agencies.
Notwithstanding the foregoing, no personal liability shall be
imposed on the individual officers of the Agency, but the
Agency alone.
17. The Agency hereby certifies and assures the City that in the
performance of this agreement it will be cognizant of, comply
with, and enforce the provisions of the Housing and Community
Development Act of 1974, as amended (PL 93-383), and the rules
and regulations of the U. S. Department of Housing and Urban
Development, as amended, made pursuant thereto, including, but
not limited to, those published in Title 24 of the Code of
Federal Regulations. The Agency further certifies and assures
the City that it will be cognizant of, comply with and enforce
where applicable and to the extent required by law all other
applicable Federal or State statutes, local ordinances, rules or
regulations or department procedures or directives of the U. S.
Department of Housing and Urban Development.
18. It is understood and agreed that the Urban Renewal Agency shall
not deny benefits to or discriminate against any person on the
basis of race, color, religion, age, sex or national origin
in the performance of any activities funded under this agreement.
19. This agreement may be terminated by any one of the following:
A. If through any cause the Agency shall fail to fulfill
in timely and proper manner its obligations under this
agreement or if the Agency shall violate any of the
covenants, agreements or stipulations of this agreement,
the City shall thereupon give written notice of such
violations to the Agency. Within twenty (20) days after
such notice, the Agency shall inform the City in writing
of corrective actions taken. The Agency shall use due
diligence to correct any and all violations and in the
event the violations are not corrected with a reasonable
time under the circumstances the City will give notice
to the Agency to appear before the City Council in open
session to show cause why this agreement should not be
terminated. Upon hearing discussion and argument on
the matter, the City Council shall either continue the agree-
ment in full force or terminate the agreement.
B. This agreement shall at all times be subject to any cor-
rective actions taken or directives issued by HUD in
relation to the City, and the Agency shall comply with any
such communications received by City from HUD, including
termination of this agreement.
20. Any notice or notices required or permitted to be given pursuant
to this agreement may be personally served on the other party
by the party giving such notice, or may be served by certified
mail, return receipt requested, to the following: Community
Development Coordinator, City of Lubbock; Executive Director,
Urban Renewal Agency of the City of Lubbock.
21. The Agency represents that it has or will secure at its own
expense all personnel required in performing the services under
this agreement. Such personnel shall not be employees of or have
any contractual relationship with the City. All personnel having
financial management or the management of money as a part of their
duties and who perform services under this agreement shall be bonded.
No person who is serving a sentence in a penal or correctional
institution shall be employed or work under this agreement.
22. The Agency agrees to comply with Section 3 of the Housing and Urban
Development Act of 1968 as amended, 12 USC 1701u, and Section
202 of Executive Order 11246, a copy of each such sections being
attached hereto, marked Part II -Terms and Conditions (pages 2
through 5), and by reference made a part hereof for all particulars
as though fully set out herein.
23. None of the services covered by this agreement shall be subcontracted
without the prior written consent of the City. The Agency shall
be fully responsible to the City for the acts and omissions of
its subcontractors and of persons either directly or indirectly
employed by it.
24. The Agency shall not assign any interest in this agreement and
shall not transfer any interest in the same whether by assignment
or novation without the prior written approval of the City; pro-
vided however that claims for money due or to become due to the
Agency from the City under this agreement may be assigned to a
bank, trust compmany or other financial institution or to a
trustee in bankruptcy without such approval. Notice of such
assignment or transfer shall be furnished to the City immediately.
25. No members of the City Council of the City and no other officer,
employee or agent of the City who exercises any functions or
responsibilities in connection with the carrying out of the pro-
ject to which this agreement pertains shall have any personal
interest, direct or indirect, in this agreement or the proceeds
thereof.
26. No member of the City Council of the City of Lubbock and no other
public official of the locality who exercises any functions or
responsibilities in the review and approval of the carrying out
of the project to which this agreement pertains shall have
any personal interest, direct or indirect in:this agreement
or the proceeds thereof.
27. 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 herefrom.
28. The Agency covenants and agrees that it presently has no interest
and shall not acquire any interest, direct or indirect, in the
above described project area, or any parcels therein, or any other
interest which would conflict in any manner or degree with the
performance of its services hereunder. The Agency further covenants
that in the performance of this agreement no person having any such
interest shall be employed.
29. Regardless of the date of execution hereof, this agreement shall
become effective on the 1st day of June. 1981 and shall terminate
upon completion of the desienated Droiects and activities or as
provided in oaraeraoh 17 above. whichever first occurs.
30. The Aeencv agrees to be and is herebv bound in the execution of this
Agreement by the requirements and provisions as set forth in
Part II - Terms and Conditions, Funding Agreement, Community
Development Block Grant Program.
31. This aereement constitutes and expresses the entire aereement between
the parties hereto and shall not be amended or modified except by
written instrument siened by both parties.
IN WITNESS WHEREOF. the Citv and the Aeencv have executed this aereement
as of the first day above written.
CITY OF LUBBOCK
BILL c STER. MAYOR
ATTEST:
_Evelyn CA f a,:Cit e tary-Treasurer
APPROVED:
k4 �
Vicki Covey, Comm ty Development Coordinator
APPROVED AS TO FO .
� V' i�
Susan M. Horton_ Assistant Citv Attornev
URBAN RENEWAL AGENCY OF THE CITY OF
LUBBOCK. TEXAS
CHAIRMAN, BO OF COMMISSIONERS
ATTES
H. 0. Alderson, Secretary
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"EXHIBIT B"
URBAN RENEWAL AGENCY CD YEAR
COMMUNITY DEVELOPMENT ACTIVITY BUDGET 7
LINE NUMBER
PROGRAM ACTIVITY
1.
Acquisition of Real Property
2.
Disposition
3.
Public Facilities & Improvements
i. Street Improvements
J. Water & Sewer Facilities
4.
Clearance Activities
5.
Public Services
6.
Interim Assistance
7.
Completion of Previously Approved
Urban Renewal Projects
8.
Relocation Payments & Assistance
9.
Payments for Loss of Rental Income
10.
Removal of Architectural Barriers
11.
Specially Authorized Assistance to
Privately Owned Utilities
12.
Rehabilitation & Preservation
Activities
C. Rehabilitation of Private
Properties
15.
SUBTOTAL
16.
Planning
17.
General Administration
18.
Contingencies
19.
TOTAL URBAN RENEWAL PROGRAM COSTS
ORIGINAL X BUDGET NO.
AMENDMENT 1
APPROVED BUDGET
$328,100
78,543
50,443
546,500
561,500
284,914
$1,850,000
"EXHIBIT C"
AREA BUDGET AND WORK PROGRAM
Approved
Budget
AREA 7E (Arnett -Benson)------------------------------------------
$580,417.00
Estimated Work Program
Approved
1. Acquisition
11 parcels
2. Relocation
12 owner -occupants
3. Rehabilitation*
4. Site Improvements
4' wide sidewalk
3400 L.F.
5. Demolition
12 parcels
AREA 17C (Phyllis Wheatley)--------------------------------------
286,438.00
Estimated Work Program
1. Acquisition
7 parcels
2. Relocation
7 owner -occupants
3. Demolition
7 parcels
AREA 20C (Meadowbrook Villa)-------------------------------------
44,612.00
Estimated Work Program
1. Rehabilitation*
2. Site Improvements
4' wide sidewalk
3800 L.F.
AREA 27C (Posey)-------------------------------------------------
292,498.00
Estimated Work Program
1. Acquisition
7 parcels
2. Relocation
7 owner -occupants
3. Rehabilitation*
4. Demolition
7 parcels
AREA 7 (Arnett Benson) 20 (Meadowbrook
Villa) 25 (Bozeman-Elliston)
26 (Bean),
27 (Posey) and 29 (Stubbs)
Estimated Work Program
1. Rehabilitation
65 units
646,035.00
*Note the above 65 units will be allocated according to need and demand in all of
the areas except Phyllis Wheatley which is total clearance.
TOTAL -------------------- $19850,000.00
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 Con-
ditions is a part, the City of Lubbock through its Community Development
Department agrees to provide to the Grantee the Federal assistance under Title
I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized
by the Funding Approval identified therein, subject to the terms and conditions
of this Funding Agreement, applicable law, regulations and all other requirements
of the Department of Housing and Urban Development (HUD) now or hereafter in
effect. The Funding Agreement is effective with respect to such assistance as
of the date the Funding Agreement is executed and is subject to the HUD Community
Development Block Grant Regulations at 24 CFR Part 570 and the following
General Terms and Conditions:
Definitions:
Except to the extent modified or supplemented by this Funding Agreement,
any term defined in Title I of the Housing and Community Development Block
Grant Regulations at 24 CFR Part 570, shall have the same meaning when used
herein.
(a) Agreement means this Funding Agreement, as described above and
any amendments or supplements thereto.
(b) City means the City of Lubbock, Texas.
(c) Grantee means any City Department or division, the Urban Renewal
Agency, or any other department or agency which is designated
by the City to receive Community Development Block Grant funds
for the purpose of carrying out the Community Development Program.
(d) Assurances, when capitalized, means the certifications and
assurances submitted with grant applications pursuant to the
requirements of 24 CFR Part 570.
(e) Assistance provided under this Agreement means the grants and
any 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 Agree-
ment.
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 regu-
lations issued pursuant thereto at 24 CFR Part 135, and any applicable rules
and orders of HUD issued thereunder prior to the HUD authorization of the
Funding Approval.
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 PROJECT.
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 connect-
ion 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.
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 affirmative action
plan for utilizing business concerns located within or owned in
substantial part by persons residing in the area of the project;
and making of a good faith effort, as defined by the regulations,
to provide training, employment, and business opportunities re-
quired by Section 3 of the Housing and Urban Development Act of
1968.
D. The contractor will send to each labor organization or represent-
ative of workers with which he has a collective bargaining agree-
ment or other contract or understanding, if any, a notice advising
the said labor organization or workers' representative of his
commitments under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment or training.
E. The contractor will include this Section 3 clause in every sub-
contract for work in connection with the project and will, at
the direction of the applicant for or recipient of Federal fin-
ancial assistance, take appropriate action pursuant to the sub-
contract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Develop-
ment, 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 regulations.
F. Compliance with the provisions of Section 3, the regulations set
forth in 24 CFR 135, and all applicable rules and orders of the
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
assistance, 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 required to contain the above
Section 3 clause.
Flood Disaster Protection:
The agreement is subject to the requirements of the Flood Disaster Pro-
tection 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 under this Agreement for such acquisition or construction
in such identified areas in communities then participating in the national
flood insurance program shall be subject to the mandatory purchase of flood
insurance requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land
acquired, cleared or improved with assistance provided under this Agreement
shall contain, if such land is located in an area identified by the Secretary
as having special flood hazards and in which the sale of flood insurance has
been made available under the National Flood Insurance Act of 1968, as amended
42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors
or assigns to obtain and maintain, during the ownership of such land, such
flood insurance as required with respect to financial assistance for acquisition
or construction purposes under Section 102(a) of the Flood Disaster Protection
Act of 1973. Such provisions shall be required notwithstanding the fact that
the construction on such land is not itself funded with assistance provided
under this Agreement.
4. Equal Employment Opportunity:
(a) Activities and contracts not subject to Executive Order 11246, as
amended. In carrying out the program, the Grantee shall not discriminate
against any employee or applicant for employment because of race, color,
religion, sex, or national origin. The Grantee shall take affirmative action
to insure that applicants for employment are employed, and the employees are
treated during their employment, without regard to their race, color, religion,
sex, or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Grantee shall post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Government setting forth the
provisions of this nondiscrimination clause. The Grantee shall state that all
qualified applicants will receive consideration for employment 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 regulations at 24 CFR
Part 130 applicable to HUD assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any nonexempt
contract and subcontract for construction work, or modification thereof, as
defined in said regulations, which is paid for in whole or in part with assist-
ance 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 appli-
cant 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 in-
clude, but not be limited to, the following:Employment, upgrading, demotion,
or transfrer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, in-
cluding 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 representative of
workers with which he has a collective bargaining agreement or other contract
or understanding a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the contractor's
commitment under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions 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, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimi-
nation clauses of this contract or with any of such rules, regulations, or
orders, this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contract procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the Department may direct as a
means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the Department, the contractor may request the United States to
enter into such litigation to protect the interest of the United States.
The Grantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it participates
in federally assisted construction work; provided, that if the Grantee so
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 opportunity clause and the rules, regulations,
and relevant orders of the Secretary of Labor; that it will furnish the City,
HUD, and the Secretary of Labor such information as they may require for the
supervision of such compliance; and that it will otherwise assist the City and
HUD in the discharge of HUD's primary responsibility for securing compliance.
The Grantee further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of September
24, 1965, 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
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 assist-
ance 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 residential 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 certificates required under
Section 35.14(f) thereof.
6. Compliance with Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as
amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as
amended, 33 USC 1251 et seq., and the regulations of the Environmental Pro-
tection 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 or subcontractors that any facility
to be utilized in the performance of any nonexempt contract or subcontract is
not listed on the List of Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308
of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating
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 Government may direct as a means of enforcing such
provisions.
In no event shall any amount of the assistance provided under this Agree-
ment 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.
7. Federal Labor Standards Provisions:
Except with respect to the rehabilitation of residential property designed
for residential use for less than eight families, the Grantee and all contractors
engaged under contracts in excess of $2,000 for the construction, prosecution,
completion or repair of any building or work financed in whole or in part with
assistance provided under this Agreement, shall comply with HUD requirements
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 wages rates higher than those required under such regulations
are imposed by state or local law, nothing hereunder is intended to relieve
the Grantee of its obligation, if any, to require payment of the higher rates.
The Grantee shall cause or require to be inserted in full, in all such contracts
subject to such regulations, provisions meeting the requirements of 29 CFR 5.5
and, for contracts in excess of $10,000, 29 CFR 5a.3.
No award of the contracts covered under this section of the Agreement
shall be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award
of such contract.
Nondiscrimination Under Title VI of the Civil Rights Act of 1964:
This Agreement is subject to the requirements of Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto
including the regulations under 24 CFR Part I. In the sale, lease, or other
transfer of land 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.
Oblations 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 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 Agree-
ment or to any benefit to arise from the same.
11. Interest of Members, Officers, or Employees of City, Members of
Local Governing Body, or Other Public Officials:
No member, officer, or employee of the City, or its designees or agents,
no member of the governing body of the locality in which the program is
situated, and no other public official of such locality or localities who
exercise any functions or responsibilities with respect to the program during
his tenure or for one year thereafter; shall have any interest, direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to
be performed in connection with the program assisted under the Agreement.
The Grantee shall incorporate, or cause to be incorporated, in all such contracts
or subcontracts a provision prohibiting 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.
RFSO. 822 -6/18/81
URBAN RENEWAL AGENCY
ORIGINAL
BUDGET NUMBER
COMMUNITY
DEVELOPMENT BUDGET CD YEAR
VII AMENDMENT
2
LINE
PROGRAM ACTIVITY
LATEST APP.
BUDGET AMT.
NO.
BUUGE'11, ADJUSTMENT
REQUESTED
1.
Acquisition of Real Property
328,100
$ 328,100
2.
Disposition
3.
Public Facilities and
78,5T3—
i. Street Improvements
i. Water & Sewer Facilities
L- - - - - - -- - - -- - - - - - - - - -
5. Public Services
6. Interim Assistance
7. Completion of Previously Approved
Urban Renewal Projects
S. Relocation Payments and Assistance
9. Payments _for Loss —.T Rental j,n ome
10. Removal of Architectural Barriers
11. Specially Authorized Assistance to
Privately Owned Utilities
12. Rehabilitation and Preservation
Activities 561,500
C. Rehabilitation of Private
3.5.- SUBTOTAL
16. Planning
17. General Administration A4,914 -2-94—,9-IT—
is. Contineencies
19. TOTAL URBAN RENEWAL PROGRAM COSTS 1 $1,850,000 1 J $1,850,000
APPROVAL OF THE EXPENDITURES 11UDCET IN THE AREAS AND IN THE AMOUNTS SliOWN IS. HEREBY REQUESTE
(See attached sheet for Area Budget Aflustments)
*changes reflect On Exhibit C only. Site juprovement funds moved fran Areas 7E & 20C to 27B,
1981 THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK
DATE
(-1-1 tie) Executive Director
THE EXPENDITURES BUDGET IS HEREBY APPROVED IN THE AMOUNTS SHOWN.
i xla-51EJ CITY OF LUBBOCK
DATf
BY
(Title) %a AtL�
AREA 7E (Arnett -Benson)
Estimated Cost
1.
Acquisition
2.
Relocation
Owners
3.
Rehabilitation*
4.
Demolition
5.
Public Works &
Site Improvements'
AREA 17C (Wheatley)
Estimated Cost
1. Acquisition
2. Relocation:
Owners
3. Demolition
Area 20C (Meadawbrook)
Estimated Cost
1. Rehabilitation*
2. Public Works &
Site Improvements
Area 27C (Posey)
CONTRACT EXHIBIT C
COVII ITY DEVELDPP= YEAR VII
WORK PROGRAM
AMENDMENT #1
Approved
Budget #1
$580,417
11 parcels
12
12 structures
3400 IF of 4' sidewalk
$286,438
7 parcels
7
7 parcels
$ 44,612
3800 IF of 4' sidewalk
Amended Workload
Budget # 2
$574,417
11 parcels
% Change
(1%)
12
12 structures
3400 LF 4' sidewalk
$286,438 None
7 parcels
7
7 parcels
$ 41,412
3800 IF of 4' sidewalk
(8%)
Estimated Cost $292,498 $301,698 +3%
1. Acquisition 7 parcels 7 parcels
2. Relocation:
Owners 7 7
3. Rehabilitation*
4. Demolition 7 parcels 7 parcels
5. Public Works &
Site Improvements None 1560 IF of 4' sidewalk
*Rehabilitation
Areas 7, 20, 25, 26, 27 & 29 $646,035 $646,035 None
1. Rehabilitation to be
allocated according to
need & demand. 65 units 65 units
IMAL** $1,850,000 $1,850,000
**Area Budgets include administrative and field costs