HomeMy WebLinkAboutResolution - 1121 - Funding Agreement - WPS Inc - Temporary Shelter, CDBG - 06_10_1982JS:da
RESOLUTION
RESOLUTION 1121 - 6/10/82
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COMM*ITY DEVELOPMENT
FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE WOMEN'S PROTECTIVE
SERVICES OF LUBBOCK, INC. lot.
WHEREAS, the City is obligated to do and perform certain services in its
undertaking of a Community Development Plan pursuant to the Housing and Com-
munity Development Act of 1974, as amended; and
WHEREAS, the Community Development Advisory Committee has voted by major-
ity vote to recommend to the City Council the request of the Corporation for
operating funds; and
WHEREAS, the Corporation is a non-profit corporation offering services to
victims of domestic violence and occupying a residential facility which has
been rehabilitated as a temporary shelter for battered persons in accordance
to the provisions of 570.202(a)(2) of Title 24 of the Code of Federal Regula-
tions; and
WHEREAS, the Corporation and the services it provides have been found to
meet the criteria for funding under provisions 570-201(e) of the Community
Development Regulation for Public Services; and
WHEREAS, the provision of temporary shelter, supportive services, coun-
seling and training to physically abused women and their families provided by
the Corporation are a proper public purpose and are fundable by the Department
of Housing and Urban Development; and
WHEREAS, the accomplishment of the public purpose is the predominant
purpose of the transaction; continuing supervision by the City together with
statutory and contractual requirements provide sufficient assurance that the
public purpose will be accomplished; quarterly audits provide sufficient
protection of the handling of public money; and the City will receive adequate
consideration in the form of substantial public benefit; 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 Women's
Protective Services of Lubbock, Inc., which Agreement, attached hereto, 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 1prh day of June 1982.
I J".Ij
BILL cM TER, MAYOR
ATTEST:
Evelyn Gaffga, City Secl'ewwreasurer
AP OVED AS TO CONTENT:
Richard Mays, Community Developbent Coordinator
APPROVED AS TO FORM:
en. wulla1
J2AI Sherwin, Assistant City Attorney
t RESOLUTION 1121 - 6/10/82
CirY SECRETARY -TREASURER
� � 198Pj
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC.
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement is entered into this 10th day of June
1982, between the City of Lubbock, Texas,--a—Fo-me rule municipal
corporation, hereinafter called "City" and Women's Protective
Services of Lubbock, Inc., a non-profit corporation incorporated
under the laws of the State of Texas, hereinafter called "Corpora-
tion."
WITNESSETH:
WHEREAS, the City is obligated to do and perform certain
services in its undertaking of a Community Development Plan pur-
suant to the Housing and Community Development Act of 1974, as
amended; and
WHEREAS, the Community Development Advisory Committee has
voted by majority vote to recommend to the City Council the
request of the Corporation for operating funds; and
WHEREAS, the Corporation is a non-profit corporation offering
services to victims of domestic violence and occupying a resi-
dential facility which has been rehabilitated as a temporary
shelter for battered persons in accordance to the provisions of
570.202(a)(2) of Title 24 of the Code of Federal Regulations; and
WHEREAS, the Corporation and the services it provides have
been found to meet the criteria for funding under provisions 570-
201(e) of the Community Development Regulation for Public Services;
and
WHEREAS, the provision of temporary shelter, supportive
services, counseling and training to physically abused women and
their families provided by the Corporation are a proper public
purpose and are fundable by the Department of Housing and Urban
Development; and
WHEREAS, the accomplishment of the public purpose is the
predominant purpose of the transaction; continuing supervision by
the City together with statutory and contractual requirements
provide sufficient assurance that the public purpose will be
accomplished; quarterly audits provide sufficient protection of
the handling of public money; and the City will receive adequate
consideration in the form of substantial public benefit;
NOW THEREFORE, the City and the Corporation do hereby mutually
agree as follows:
1. The Corporation agrees to perform and do such activities
as may be necessary to continue its program of providing temporary
shelter and co-ordinate supportive services to physically abused
women and their families and of providing counseling and training
in parenting and interpersonal relationships, the goals of which
are to provide resources to meet the needs of victims of domestic
violence; such program to continue at the highest operational
levels possible for the period from May, 1982 through December,
1982.
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 as pro-
vided herein, with the total amount of such funds not to exceed
Eleven Thousand Six Hundred Dollars ($11,600.00). It is under-
stood and hereby agreed that it shall be the responsibility of
the Center to perform and do the activities set forth in this
agreement as consideration for the funds secured and provided by
the City hereunder.
3. It is agreed that the monies to be paid by the City to
the Corporation as set forth in paragraph 2 shall be used to pay
the salary of the Executive Director of the Corporation through
November 14, 1982, such person to be charged with the primary
responsibility of performing functions and activities necessary
to ensure the continuation of the services provided by the Cor-
poration on a permanent basis after the expiration of this agree-
ment.
4. It is agreed that no monies shall be paid by the City
except for actual costs incurred by the Corporation and then only
pursuant to a timely filed request for payment from the Corpora-
tion.
5. The Corporation agrees that the authorized represen-
tatives of the City or an independent auditor selected by the
City may conduct an audit of the projects and activities of the
Corporation on a quarterly basis with the first such audit to
cover the period ending June 30, 1982. Subsequent audits shall
cover the periods ending September 30, 1982, and December 31,
1982. The audits shall be initiated and completed within a
reasonable time after the end of the quarter to be audited. The
cost of these audits shall be paid for by the City from funds
other than those provided in paragraph 2 of this agreement.
6. The Corporation shall furnish the City with any appro-
priate reports regarding the status of the project or services
being funded under this agreement. Such reports shall contain
all the information as may be requested by the Community Develop-
ment Coordinator regarding the performance of the Corporation's
activities. The City shall advise the Corporation as to the form
and content of these reports.
7. The City hereby designates the Community Development
Coordinator as its single point of contact with the Corporation.
All reports and other communications relative to this agreement
shall be addressed to the Coordinator or to a delegate expressly
named by the Coordinator.
8. The Corporation agrees that the performance of work and
services pursuant to the requirements of this agreement shall
conform to high professional standards.
9. The Corporation shall not at any time or in any manner
represent that it or any of its agents or employees are in any
manner agents or employees of the City.
10. The City shall have the right of access to the Corpora-
tion's records, properties, and offices at any time to inspect or
otherwise evaluate the work performed or being performed hereunder.
11. 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.
12. The City shall not be subject to any of the obligations
or liabilities of the Corporation incurred in the performance of
this agreement. The Corporation expressly agrees to indemnify
and hold harmless the City for any and all liabilities and obli-
gations incurred due to the negligence of the Corporation, its
employees, officers, agents, sub -contractors, or agencies, or the
negligent acts or omissions, breaches of contract of the agency
or its employees, officers, agents, sub -contractors or agencies.
13. The Corporation 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
Renewal as amended made pursuant thereto, including, but not
limited to, those published in Title 24 of the Code of Federal
Regulations. The Corporation further certifies and assures the
City that it will be cognizant of, comply with, and enforce to
the extent required by law all other applicable federal and state
statutes, local ordinances, rules and regulations, and department
procedures or directives of the U.S. Department of Housing and
Urban Development.
14. It is understood and hereby agreed that the Corporation
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.
15. If the Corporation shall fail to fulfull in timely and
proper manner its obligations under this agreement, or if the
Corporation shall violate any of the covvenants, agreements or
stipulations of this agreement, the City shall thereupon have the
right to terminate this agreement by giving written notice to the
Corporation of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination.
16. All expenditures made under this agreement are subject
to prior approval by the Community Development Coordinator. The
Corporation shall be fully responsible for the acts and omissions
of its sub -contractors and of persons either directly or indirectly
employed by it.
17. The Corporation shall not assign, sell, or transfer any
interest in this contract without the prior written consent of
the City thereto; provided, however, that claims for money due or
to become due to the Corporation under this agreement may be
assigned to a bank, trust company, or other financial institution
or to a trustee in bankruptcy without such approval. Notice of
any such assignment or transfer for such claims for money due or
to become due shall be furnished to the City immediately.
18. The Corporation covenants that it presently has no
interest and shall not acquire any interest, direct or indirect,
which would conflict with the performance of services required to
be performed under this agreement. The Corporation further
covenants that in the performance of this agreement no person
having any such interest shall be employed.
19. No officer, member, or employee of the City; no members
of its governing body; and no other public official of the gover-
ning body of the locality in which the project is situated or
being carried out who exercises any functions or responsibilities
in the review or approval of the undertaking or carrying out of
this project shall participate in any decision relating to this
agreement which affects his or her personal interest or have any
personal or pecuniary interest, direct or indirect, in this
agreement or the proceeds thereof.
20. No member of or delegate to the Congress of the United
States and no Resident Commissioner shall be admitted to anyy
share or part of this agreement or to any benefit to arise here -
from.
21. Any notice or notices required or permitted to be given
pursuant to this agreement ma be personally served on the other
party by the party giving such notice, or may be served by certi-
fied mail, return receipt requested, to; Community Development
Coordinator, City of Lubbock; Executive Director, Women's Pro-
tective Services of Lubbock, Inc.
22. Regardless of the date of execution hereof, this agree-
ment shall become effective on the date that the U.S. Department
of Housing and Urban Development officially authorizes the release
of funds for the projects and activities provided under this
agreement and in no event shall costs be incurred or funds ex-
pended under this agreement until such effective date. This
agreement shall terminate on December 31, 1982 or as provided in
paragraph 15 above, whichever first occurs.
23. The Corporation agrees and is hereby 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.
24. This agreement contains the entire agreement of the
parties; and no representations, inducements, or other covenants
between the parties not included herein shall be of any force or
effect.
IN WITNESS WHEREOF, the City and the Corporation have exe-
cuted this agreement as of the first day above written.
CITY OF LUB
� r
BMU Mc STE . MA OR
ATTEST:
E e yn Ga ga; City r ary-Treasurer
ROVED:
b—M
5
Richard Mays, Community Development Coordinator
APPROVED AS TO FORM:
c. ka�Z
Ja M. Sherwin, Assistant City Attorney
WOMEN'S PROTECTIVE SERVICES
OF LUBBOCK, INC.
BOARD OF DIRECTORS
ATTEST:
Se retary
PART II - TERMS AhM CONDITIONS
FUNDING AGREEMENT
COI-211 JNITY DEVELOPIZ-117L BLOCK GRANT PROGR Y,
Liam execution of the Funding Agreement of which this Part II - Terms and Con-
di_icns is a part, the City of Lubbock through its Community Development
_ =e.nt agrees to provide to the Grantee the Federal assistance under Title
c` the EO:;si=g znd Ccmmunity Development Act of 1974 (P.L. 93-3Fi3) as authorized
-:e Fu^dino :vprcvn
al identified therein, subject to the terns and conditions
_..':sFuzd .g r'gree-e=t, applicable law, regulations and all other reouirements
C: : •E Department�of nousi7g and 1:rban Development ( uD) now cr hereafter in
E=: cCt. The u d—' c `.gree:.ent is effective with respect to s ch asSiStanCe as
C'_ :..E date the undi c Agreement is executed End is subject to the T. 0-D, cc Lnitj•
l E:optent Cicck Grant Regulations at 24 CFi. Part 570 and the fo llov.ing
�Zenerzl Ter--s amd Conditions:
1. D e f in, =t_ons :
E�_c=_pt to the extent modified or supplemented by this Fundimg Agreement,
Erma defilned TitlE 1 Of the lousing and CC^ -.unity DEVE10pment Block
Grac: ^EgL atiOLs at 24 CFR Part 5/0, shall haVE the same meaning when used
h ereim.
(a) L`£reE-e_t means this Funding Agreement, as described z7ove and.
any a-e=d=emzs or supplements thereto. _
�D) City reams the City of LL'bbock, Texas.
(C) GranteE _ea^_S any City Department or division, the Urban Renewal
Agency, or amy other devartment or agency which is designated
by the Clty t0 receive Co=unity Development Bloc: Grant funds
for t*-.e purpose of carrying out the Corurity Development Pro€ram,
(d) asuramces, when capitalized, means the certifications and
assurances submitted with grant applications pursuant to the
requirements of 24 CFR Part 5/0.
(e) Assista_ce ^rovided under this Agreement means'the grants and
any Scans secured by loan guarantees provided under this
Agreement,
(_} Progra- -means the Co=unity Development program, project, or
other activities, including the administration thereof, i.-ith
respect to which assistance is being. provided under this Agree-
ment.
�. "Section 3" Compliance in the Provision of Training. T-1-Dloyment
-and Business O➢➢Ortunities:
=his Agreement is subject to the requirements of Sect -ion 3 of the housing
;-•d rban 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
aid orders.of HUD issued thereunder prior to the HUD authorization of the
Approval.
ine 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
-hole or in part with assistance provided under this Agreement, the Section 3
•
set forth below:
BRAINING, EX?LOl?:Ti, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES
�_7 LOVER INCO.'-M PERSONS IN CONNECTION 4:ITH 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 ea -tent feasible
opportunities for training and employment be given lover 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 C-FR
135, (peblished 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. ine parties to this
contract certify and agree that they are under no contractual or
ether disability which would prevent them from ecmplying with
.these requirements.
C. The contractor will develop and ^l—er,t an affirative action
plan for utilizing business concerns located within or owned in
substantial part by persons residing in the area of the project;
and taking of a good faith effort, as defined by the regulations,
to provide training, employment, and 'D-usiness Opportunities re-
quired by Section 3 of the Eousing and Urban Dev elopment r_ct of
1968.
D. The contractor will send to each labor organization or represent-
ative of workers with N."nich he has E collective bargaining agree-
ment or other contract or Understanding, if any, a notice adv -sing
the said labor organisation or wgrkET_5' representative of his
c=i=ents under this Section 3 clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for —ploy-ment or training.
-. The contractor will include this Section 3 clause in every sub-
contract _`or work in con-nection 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 or
regulations issued by the Secretary of housing and urban Develop-
ment, 24 CFR 135. The contractor will not subcontract with any
subco'ntractor 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 subcontr-ctor has first
provided it with a preli inary statement of ab Lty to comply va th
-the requirements of these regulations.
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 nay be necessary
for the information of parties to contracts required,' to contain the above
Section 3 clause.
3. 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
this ogre—ent is approved for acquisition or construction purposes as
da'ired 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 co-- unity not
r*-a— in cCr: lia=cE with the requirements for participation in the national
flCOc _nsurarce program pursuant to Section 201(d) of said Act; and the use of
a-y ass_star.Ce �rcvide6 under this Agreement for such acquisition or con-
str.:ction in such identified areas* in co=:r,=ities then participating in the
-_a:icnal fiocd insurance progra_^. shall be subjeot to the mandatory purchase of
f1CCc insurance require -eats of Section 102(a) of said Act.
.ay contract or agree-ent for the sale, lease, or other transfer of land
acq,:ized, clEarEd or _=,proved with assistance provided under this Agreement
s^Alin contain, if such land is located in an area identified by the Secretary
as .,aving special flood hazards and in Which the sale of flood insurance has
ceh made ava'_la"61e -under the '.eational :load insurance Act of 1968, as amenceo
aL ?.S.C. 4001 er seq., prOv isiOIls Obligating the transferee and its successors
Cr ass'Ens to C•btai and iaintain, during the cumership of such lard, such
f _C.0 _�sL'r a7Ce as required, With respect tC financial assistance for acc::isition
Cr constructiCn _�rpcses under Section 102(a) of the Flood Disaster Protection
—_ Cf 1513. Such. provisions shall be required notwithstanding the f2Ct that
t.-E constructio on such land 1s not itself- fended with assistance provided
mac_ _his ="Tee=ant. _
.plo«ent O o- ortunity:
Activities and contracts not su6�ect to Executive Order 11246. as
�E'CEC. In carryi.=s: Out the program, the Grantee shall not ciscri3inate
aiaf_=s: any E=ployee or applicant for e=Dlo}ient because of race, color,
r El_gion, see:, cr national origin. The Grantee shall take affirmative action
_'s'Ze that ap_�licants for et:plo}moment are employed, and the empployees are
.rE=tad dnr'=� -their e=plcy^_ent, without regard to their '-race, cC`lOr, yell€iOII,
sem. cr rational Origin. Such action shall include, but not be limited to,
=E f011ow =E: e-:: =•1CymmEnt, llpgracing, demotion, Or transfer; recruitnen.t or
=ecr.._.-Ert advertising; layoff Or termination; rates of pay or Other forms of
ccmpensatior.; and selection for training, including apprenticeship. The
Gra=tee shall post in conspicuous places, available to employees and applicants
l'cr e_plo}-_Eat, notices to be provided by the Government setting for the
-r. ""_sions of this nondiscrimination clause. The Grantee shall state that all
quaed arplicants will receive consideration for employment without regard
to race, color, religion, sex, or national origin. The Grantee shall incorporate
fcregoinng requirements of this paragraph (a) in all of its contracts for
.r _ work, except contracts governed by paragraph (b) of this section, and
require all of its contractors for such work to incorporate such requirements
;.-, all subcontracts for program work.
(b) Contracts subiect to Executive Order 11246. as amended. Such contracts
be subject to HUD Equal Employment Opportunity regulations at 24 CFR
?arr 130 applicable to h7M assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any nonexempt
cca__act 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 folio-.s:
(1) The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sea, or national origin. The
contractor will take affirmative action to ensure that 2pplicants are employed,
and t"cut employees are treated during employment, without regard to their
race, color, religion, sex, or national origin. Such action shall include,
but not be 1 iited 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 ecployees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this. nondiscrimination
cause.
(2) The contractor will, in all solicitations or advertisements for
e=ployees placed by or on behalf of the contractor,. state that all qualified
applicants wi11 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 con-
spicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions to E:ecutive 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 boots, records and accounts by the City and by the Department of
Housing and Urban Development and the Secretary of Labor for purposes of
i.ntiestigation to ascertain compliance with such rules, re-Flations, and orders.
(6) In_the event of the contractor's noncompliance with the nondiscrimi-
nation clauses of this contract or with any of such riles, regulations, or
orders, this contract may be canceled, to :zinated or suspended in whole or In
:art and the contractor may be declared ineligible for further GOverl'. ent
contracts or federally assisted construction Contract procedures author`Zed in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by la---.
(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 FIxecutive
Order 11246 of September 24, 1965, so that such provisioas will be binding
upon each subcontractor or vendor. The contractor G_11 take such action with
respect to any subcontract or purchase order as the Department may direct as a
means of ei orcing such provisions, including sanctions for noncompliance;
Provided, however, that in the event a contractor becomes involved in, or is
thr. eatened 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 theinterestof the 'United States.
The Grantee further agrees that it will be bound by the above equal
opportunity clause with respect to its o.n e:ployment 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 sub-
division of such government which does not participate. in work on or under the
contract.
The Grantee agrees that it will assist and cooperate actively u.=ith the
City, HUD, and the Secretary of Labor in obtaining the compliance of contractors
and Subcontractor$ witi. the equal opportunity clause and rile rules, regulations,
and relevant orders of the Secretary of Labor; that it will furnish the City,
CUD, and "the Secretary of Labor such information as they map require for the
super ision of such compliance; and that it will other ise assist the City and
FUD, in the discharge of MOD's primary responsibility'for securing compliance.
The Grantee further agrees that it »=11 refrain from entering into any
contract or contract modification subject to Fxecutive Order 11246 of September
24, 1965, with a contractor debarred from, or who has not demonstrated eligi-
bility for, Goverment 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
t-_ program with respect to which the failure c- refusal occurred until satisfactory
::ranee of future co- liance has been _p received
_ceived from such Grantee:_and_rrt�T,
5. Leac-Lased Paint Hazards:
,he construction or rehabilitation of residential structures with assist-
a_ce provided =her this Agreement is subject to the n-D Lead -Based Paint
rEgu aticns, 24 CFR Part 35. Any grants or loans made through the Grantee for
t .`:E -ehabilitaticn of residential structures »"i th assistance provided under
tG:S Agreement shall bemade suCj ect to the provisions for. the e1= inanon of
_EaC-da SEO paint-^zzards under subpart B of said. regulations. a=6 the Grantee
..Gull be resppnsiJle for the i-spections and certificates required under
cE tion 35. 14 (=) thereof.
6. Cc-^l=a ce vith Ai- and hater Acts:
_..':S :..grEE=E_t 15 SL'b�ECt t0 the SEC1!irE' e^ts of the Clean Air Act, as
EnEEd, L2 USC 1&57 et sec., the Federal Vater Pollution Control Act, as
=cnceE, 33 USC 1=51 et sec., and t •e re- lations of the Pro-
ze::`cn .-Zency with respect thereto, at 40 C-R =art 15, as ;�cnded fro- t=e
to t—E.
^- cc=.li=ce :.ith said re�'�+l ct iCns, the GrantEE shall cause or rECi:ire
tC DE ,-nsertec '_n full 1n al! contracts a_G subcon-tracts c.=th respect to any
'cn—e-fit transaction thereunder funded =t:1 ass"istance p�o%'ided under the
___e—ent, the following requirements:
(l) A slip lation by the contractor of sL'bcontractox7s that any fac-!it5
to JE u.21i:Ed :_ -he per=cr-ance of any mo n-ve-pt contract or subcontract is
_lsted on the List of Violating ities issued by the .`_n1' Cn eatal
F"CtEction Agency (:PA) pursuant to 40 CFR 15.20.
(2) ASrer-emt by the Contractor to cC=ply with all t.ae requirements Of
Section 114 of the Clean Air Act, as amended, (42 USC 1857c-S) and Section 308
of zhe Federal hater Pollution Control Act, as amended, (33 USC 1318) relating
to _:_Spection, `c7.i'toriZg, Entry, reports, and informatiom, as vell as all
ct.^.e'_ recuireme-zs specified in said Section 114 and Sectinn 308, and all
r Egu-lations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award, of the contract
prc=pt notice will be given of any notification received from the Director,
Office of Federal Activities, =PA, indicating that a facilZity utilized for the
cc=tract is under consideration to be listed on the _PA List of Violating
Facilities.
i
(4) .Agreement by the contractcr that he will include or cause -to be
clueed the criteria and requirements it paragraphs (1);zarough (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 -
=Ent be utilized with respect to a facility which has given rise to a co=iction
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:
F-mcept with respect to the rehabilitation of residential property designed
fey residential use for less than eight families, the Grantee and all contractors
engaged under contracts in excess of $2,000 for the construction, prosecution,
co=rietion or repair of any building or work financed in mole 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 apprnctices 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
:he Grantee of its obligation, if any, to require payment of the higher rates.
Tne Grantee shall cause or require to be ifiserted 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
snal"s 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 s::ch contract.
S. Agndiscr=—iration Under Title V! of the Civil Rights Act of 1964:
_..is rgreeeat is subject to the requirements of Title DTI of the Civil
;ts Act of 1964 (P.L. SS-352) and �JD regulations -nth respect thereto
the reg-clatiCns L-nder 24 C_n _art I. In the sale, lease, or other
transfer of 'aCQ acquired, cleared or i-proved -_th assistance provided under
tr.is Agre—ent, the Grantee shall cause or requ''7e a Covenant 'u=__ng %Zith the
_a=d tC be = sett Ed in the deed Or lease =0r such transfer'' p--0"rib It iag Ci.SCrin2i
::-E uasis of --ace, color, religion, se:,, Or national Origim, in the sale,
_ease or rental, Or in the use or occupancy Of s,_,ch land or any Jmprove-ezts
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,
__4ertai:'_^.g `ts O:l].gatlon in Carrying out the program assisted hereunder,
'Frees to take such measures as are necessary to enforce such covenant and
-_- not iLSEIf sC
G. 0bl_sati0_s Of Grantee with Respect to Certain Tnird Partr Relationships:
_he Gra=•tee shall re=ain fully obligated under the provisions of the
nits designation of any third pouty or parties for
i
tna Of all Or any part Of the program with respect to Which assistance
=s :eing provided Lender lawful requirements of the City necessary to insure
:Et the programs :.ith respect to which assistance is being provided Lender this
S4 e�Ent to the Grantee i5 Carried Out in aCCOrdcnCe with the City'S Assurances
�., cervix'cates including those with respect to the assumption of environmental
_Esper:sibilities of the City under Section 104(h) of the Housing and Com__.urity
�a ': E1Cp=Ent not of 1974.
1C.=_terEst of Certa_.. Federal Officials:
'.;o member of or Delegate to the Congress of the United States, and no
`es_cent Co=isslcner, shall be admitted to any share Or part of this Agree-
me::-- Or to any benefit to arise from the same.
11. 7=terest of *'embers, officers. Cr F�^Dloyees of City, Members of
Lc Cal C-0JErni7,£ Sody, or other Public Officials:
1;o r=e'.1ber, officer_, or employee of the City, Or its designees or agents,
=Ember of the governing body of the locality in vhicbL,the program is
situated, and no Other public official o:-such locality or localities who
exercise any functions or responsibilities -with respect to the program during
his tenure Or for.cne year thereafter; shall have any interest, direct or
indirect, in any contract or subcontract,.or the proceeds thereof, for work to
be performed in conmecton with the program assisted under the Agreement. The
Grantee shall incgrporatE, 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 iSainst Pa}ments of Bonus or Commission: -
The assistance provided under this A4 reenent 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 -UD required under this Agreement, Title I of the Housing and Community
DEveiopment Act of 1974 or FUD 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.-