HomeMy WebLinkAboutResolution - 1130 - Grant Agreement - HUD - 1982 CDBG Program - 06_24_1982RESOLUTION 1130 - 6/24/82
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A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT BETWEEN
THE CITY OF LUBBOCK AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
FUNDING ASSISTANCE FOR THE FISCAL 1982 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND
AUTHORIZING THE MAYOR TO EXECUTE ANY OTHER DOCUMENTS OR INSTRUMENTS NECESSARY
TO IMPLEMENT THE ACTIVITIES APPROVED IN THE FUNDING APPROVAL.
WHEREAS, the Department of Housing and Urban Development has approved the
1982-83 Annual Application for Community Development Block Grant submitted by
the City of Lubbock pursuant to Title I of the Community Development Act of
1974, Public Law 93-383; and
WHEREAS, the Department of Housing and Urban Development has awarded a
grant to the City of Lubbock in the amount of $2,905,000 under the Fiscal Year
1982 Community Development Block Grant Program for the program period begin-
ning June 1, 1982; and
WHEREAS, the City of Lubbock is required to make certain assurances and
certifications with respect -to such grant and to accept responsibility for
adherence to the Agreement by subrecipient entities or designated public
agencies to which it makes funding assistance available; and
WHEREAS, the City Council has determined that participation in the Com-
munity 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
between the City of Lubbock, Texas, and the Department of Housing and Urban
Development for funding assistance for the Fiscal 1982 Community Development
Block Grant Program under Title I of the Housing and Community Development Act
of 1974, which Agreement, attached herewith, 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.
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 any other docu-
ments or instruments necessary to implement the activities approved in the
Funding Approval.
Passed by the City Council this 24th day of June 1982.
el, 'A Z'g-
BILL McALISTER, MAYOR
ATTEST:
E4elyu Oaf ga, City Se re ar reasurer
TED AS TO CONTENT:
Richard Mays, Community DevelopInent Coordinator
APPROVED AS TO FORM:
Jr n M. Sherwin, Asst. City Attorney
V
RESOLUTION 113G d'
.6/24/82
/fTV SECRETARY -TREASURER
GRANT AGREEMENT
This Grant Agreement is made by and between the Department of Housing and Urban
Development (HUD) and Th f Lub Texas (the Grantee)
rt pursuant to the authority of e o e Housing and Community Development Act of
1974 (Public Law 93-383), as amended. The Grantee's submissions for Title I assistance
and the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended
from time to time), which are incorporated by reference, together with the certifications
of the Grantee and the HUD funding Form 7082, which are hereto attached, constitute
.part of the Agreement.
In reliance upon and in consideration of the mutual representations and obligations
hereunder, HUD and the Grantee agree as follows:
Subject to the provisions of this Grant Agreement, HUD will make the funding assistance
for Fiscal Year 19 82 specified in the attached HUD funding Form 7082 available to the
Grantee upon execu ion of the Agreement by the parties. The obligation and utilization
of the funding assistance provided is subject to the requirements of the regulations and
any special conditions set forth in the HUD funding Form 7082. The Grantee further
agrees to accept responsibility for adherence to the Agreement by subrecipient entities
or designated public agencies to w_bioi it makes such funding assistance available.
THE D9PARTNMNT OF HOUSIR" "BAN DEVELOPMENT
BY:
ITLE
88 MAY 1982
"risv bs Lubbock, Texas:'
BY:
TITLE: MAY0p,
DATE: AN 241982
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM _
FUNDING APPROVAL UNDER TITLE 1 OF THE HOUSING AND C)MMUNITY
DEVELOPMENT ACT OF 1914 (Public Low 93-383), AS AMENDED
1. NAME OF
It. GRANT NO.
Lubbock, Texas
B-82—MC-48-0022
' GRANTEE S ADDRESS (Include Street. Clty. County, irate and Zip Code)
4. DATE OF SUBMISSION
Lubbock ,Lubbock County , Texas
P.O. 2000
April 29, 1982
s. DATE OF MUD RECEIPT OF SUBMISSION
Lubbock, Texas 79457
April 29, 1982
® 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 (See.107)
f. ❑ Categorical Program Settlement Grants (Sec.103 b))
8. AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED
a. Amount of CDBG Funds Currently Reserved for this GRANTEE ........................... $ 2 , 905 , 000-
b. Amount of CDBG Funds Now Being Approved for this GRANTEE ........................ $ 2,905,000
c. Amount of Reservation to be Cancelled (Line 8a minus 8b) ............................... E —0—
HUD ACCOUNTING USE ONLY
BATCFI TAC Y A REG DOCUMENTN PROJECT NUMBER 5
1w] 1 5 3
1 7 b 7 0 8 2 !-Ijil 11 17M
t is e to Is to Is to is so all
CATEGOR VTt�TIVE DATE F AMOUNTI SCHEDULE NO.
111111DArlir-m1,11inlind
as s so ss so 7e ss
4. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT
A. Grant Amount Budgeted by Locality for Repayment of Urban Renewal Loans ...................E —0—
b. Grant Amount Withheld for Payment of Principal and Interest on Loans Guaranteed Pursuant to See.108 . E —0
c. Grant Amount Deducted by HUD to Settle Outstanding Urban Renewal Loans —0—
(Sec. 112(a)(1)) ......................................................... E
d. Sum of lines 9a, 9b, and 9c .... .. ............... ....................: . E —0—
e. Amount of Approved CDBG Available for Disbursement (Line III minus 96) ....................E 29905,000
Previous Editions are Obsolete 1 HUD-7082 (8-78)
10. AMOUNT OF SURPLUS URBAN RENEWAL FUNOS APPROVED AND BALANCE AVAILABLE ff*P- 11?lb))
a. Amount of Surplus U.R. Funds Reserved for this GRANTEE .............. a ......
_
b. Amount of Surplus V.R. Funds Now Being Approved ........ e e • • .... a ... e . e e ...
$
c. Balance of Surplus V.R. Funds Available for Future Use (Line 10a Hefts MA .......
$
HUD ACCOUNTING USE ONLY '
BATCH TAC FROG Y REG N0. PROJECT NUMBER
173 08
Ul
i
1 ! a 1! la 14 a !a 35
CATEGOR AMOUNT 1 FFECTIVE OA F AMOUNT it SCHEDULE NO.
U:M
41 45 s0 54 60 411 $a .70 74 79
11. MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED
.Grantee's
a. Latest Entitlement Amount — S x a
$
b. Grant Amount Required by HUD to be Applied to Urban Renewal Loans
=
e. Amount of Outstanding Loans (Ineludirg,Princlpal and Interest Thereon) Guaranteed
=
Pursuant to Section 108
d. Amount of Outstanding Loan Guarantee Commitments Approved Pursuant to Section 108
S
a. Maximum Amount of Loan Guarantee Commitment Available (Line Ile Inputs Jib. 11e,
S
and 11d)
f. Amount of Loan Guarantee Commitment Now Being Approved
$
12. RECIPIENT OF LOAN GUARANTEE (0jeckApplicable Sos)
a- Grantee Identified in Block No. 1
b. E3 Public Agency Designated as Grantee to Receive Loan Guarantee (Nome and Address)
13. SPECIAL CONDITIONS
SEE ATTACHED
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18. SPECIAL CONDITIONS
a.
The funding assistance authorized hereunder shall not be obligated or utilized for any
activities requiring a release of funds by HUD under the Environmental Review
Procedured for the Community Development Block Grant Program at 24 CFR Part 58,
until such release is issued in writing.
b.
The Grantee shall take all actions necessary to correct any inconsistencies with the
requirements of HUD regulations implementing the Housing and Community
Development Amendments of 1981 within 80 days of the effectifve date of such
regulations.
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CERTIFICATIONS
The grantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines and requirements with respect to the acceptance and use of Federal
funds for this federally -assisted program. Also, the grantee gives assurances and
certifies with respect to the grant that:
(a) It possesses legal authority to make a grant submission and to execute a community
development and housing program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion
or similar action authorizing the person identified as the official representative of
the grantee to submit the final statement, all 'understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the grantee to act in connection with the submission of the final
statement and to provide such additional information as may be required.
(c) That prior to submission of its final statement to HUD, the grantee has met the
citizen participation requirements, prepared its final statement of community
development objectives and projected use of funds, and made the final statement
available to the public, as required by section 104(aX2) of the Housing and
Community Development Act of 1974, as amended;
(d) It is following a current housing assistance plan which has been approved by HUD
and which meets the requirements of section 104(cXl) of the Housing and
Community Development Act of 1974, as amended.
(e) It has developed its final statement of projected use of funds so as to give
maximum feasible priority to activities which benefit low- and moderate -income
families or aid in the prevention or elimination of slums or blight; the final
statement of projected use of funds may also include activities which the grantee
certifies are designed to meet other community development needs having a
particular urgency because existing conditions pose a serious and immediate threat
to the health or welfare of the community, and other financial resources are not
available;
(f) Its chief executive officer or other officer of the grantee approved by HUD:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 and other authorities as specified
in 24 CFR 58.1(aX3k
(2) Is authorized and consents on behalf of the grantee and himself/herself to
accept the jurisdiction of the Federal courts for the purpose of enforcement
of his/her responsibilities as such an official; and
(g) The grant will be conducted and administered in compliance with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing
regulations issued at 24 CFR Part 1;
(2) Title VM of the Civil Rights Act of 1968 (Pub. L. 90-284),: as amended, and
Implementing regulations;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto (24 CFR Section
570.601};
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended
and implementing regulations at 24 CFR Part 135;
(5) Executive Order 11246, as amended by Executive Orders 11375 and 12086
and implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063 as amended by Executive Order 12259 and
Implementing regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub L. 93-112) as amended
and implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and
Implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
(10) The labor standards requirements as set forth in 24 CFR 5570.605 and HUD
regulations issued to implement such requirements;
(11) Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11288 relating to the prevention, control, and abatement of
water pollution;
(12) The flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, (Pub. L. 93-234).
(13) The regulations, policies, guidelines and requirements of OMB Circular Nos.
A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance
and use of Federal funds under this federally -assisted program;
(h) 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 respect to the program during his/her 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 Grant, and that it shall incorporate, or cause to be
Incorporated, in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purposes of this certification;
(i) It will comply with the provisions of the Hatch Act which limits the political
activity of employees;
(j) It will give HUD and the Comptroller General or any authorized representatives
access to and the right to examine all records, books, papers, or documents related
to the grant;
2
(k) It will comply with the lead based paint requirements of 24 CFR Part 35 Subpart B
Issued rsuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801
et seq.
INSTRUCTIONS
BLOCK NO.
1. Enter the Grantee'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, ente nir addition to the reallocated
number the existing grant number (Le., the complete number of the original grant which may
be of a different type or from a different year of fund authorization).
3. Enter the Grantee's complete address as shown in Item 4 of Standard Form 424.
4. Enter the date of submission or amendatory shown in Item 23 of Standard Form 424.
.S. Enter the month, day and year that the submission or amendatory was received, provided that
It was judged to be complete. If the submission was incomplete, enter the date that the
additions which made it complete were received.
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 "I."
7. Check the appropriate box.
S. The amounts entered in this block ' shall pertain only to funds appropriated to CD Block
Grants. They shall not include amounts pertaining to surplus urban renewal funds, which are
handled separately in Block No. 10. F'
a. Enter the amount of CDBG funds currently reserved for this Grantee 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 Grantee. If amendment,
enter only the increase (+) or decrease (-) in the amount of CDBG funds approved for
use by this Grantee 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 u e e or 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.
HUD-7082 (1-82)
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
Ioan:
Project Number:
Amount of CDBG runds to 5—e—ap-p-WT 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).
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 Grantee Reference: 24
CFR 570.801.
a. Enter the amount of surplus U.R. funds reserved for this Grantee. 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
Grantee 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 10c of the previous Funding Approval form, plus any additional amount of
surplus U.R. funds reserved for this Grantee via Form(s) HUD-718.
b. Enter the amount of surplus U.R. funds now being approved for use by this Grantee.
This amount will be disbursed through the grant payment system being used for CDBG
funds (e.g., letter of credits 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.
11. ' a. Enter an amount equal to three times the Grantee's latest entitlement amount.
b. Enter the amount of grant funds required by HUD to be applied to the repayment of
urban renewal temporary 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.
d. Enter the amount of outstanding commitments to guarantee loans made pursuant to
Section 108 (approved commitments minus oustanding loans guaranteed).
e. Subtract the amounts on lines llb, Ile, and lld from the amount on line 1la and enter
the difference on this line.
f. Enter the amount of the loan guarantee commitment now being approved for this
Grantee. NOTE: the amount approved cannot exceed the amount on line IIe.
12. Check the appropriate box. If applicable, enter the name and complete address (Street, City,
County, State and ZIP Code) of any public agency designated and attach special Acceptance
Provision.
13. Attach special contract conditions as applicable.
HUD-7082 (1-82)
ACCEPTANCE PROVISIONS
(USE ONLY FOR SECTION 108 LOAN GUARANTEE ASSISTANCE TO DESIGNATED
PUBLIC AGENCY)
The public agency hereby accepts the Grant Agreement executed by the Department of
Housing and Urban Development on with respect to grant
number , as Mantee designated to receive loan guarantee
assistance, and agrees to comp y 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 it.
(Name of Public Agency/Grantee)
By:
(Signature of Authorized Official)
(Date)
MUD-7082 (8-78)
U. S. DEPAMVIn OF HOUSING AND URBAN DEFELOPMENT
1
()RANT AGREEMENT
COMMUNITY DEVEiMMENT BLOCK GRANT PROGRAM
73pon execution of the Acceptance Provisions of this Grant Agreement,
the Department of Housing and Urban Development (HUD) agrees to pro-
vide to the Grantee the Federal assistance under Title I of the
Housing and Community Development Act of 197L (P.L. 93-383) authorized
by the Funding Approval identified therein, subject to the terms and
conditions of this Grant Agreement, applicable law, regulations and all
other requirementsof 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, incluling any Assurances, certifications, Maps,
schedules or other submissions made with respect thereto, the HUD
Community Development Block Grant Regulations at 2h CFR Part 570 and
the following General Terms and Conditionst
1. Definitionet Except to the extent modified or supplemented
by thb G.-ant Agreement, any term defined in Title I of the Rousing and
Community Development Act of 197h or the HUD Cormstunity Development Block
Grant Regulations at A CFR Part 570, eha11 have the lama meaning when
used herein.
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an
(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 A 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 Agreement.
2. "Section 3" Compliance in the Provision of Training, Employment
ands s 2Mrtunitiesr
This Agreement is subject to the requirements of section 3 of the
Rousing and Urban Development Act of 1968 (12 USC 1701u), as amended,
the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any
applicable 'rules and orders of HUD issued thereunder prior to the HUD
authorization of the Funding Approval.
• S, ' •
t
The Grantee shall cause cr require to be inserted in full in an
contracts and subcontratte for work financed in whole or in part with
assistance provided under thi-, Agreement, the section 3 clause set forth
in 2h CFR 135.20(b).
The Grantee shall provide ouch copies of 24 CFR Part 135 as many be
necessary for the information of parties to contracts required to contain
1 the'section 3 clause.
3. Flood Disaster Protections
This Agreement is subject to the requir ments of the Flood Disaster
Protection Act of 1973 (P.L. 93-234). No portion of the assistance
provided under this Agreement is approved for acquisition or construction
purposes as defined under section 3(a) of said Act, for use in an area
identified by the Secretary as having special flood hazards which is
located ina 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 corrummities 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,,clesred oi• improved with assistance provided under
this Agreement shall contain, it such land is located in an area
11
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identified by the Secretary as having special flood hazards and in
which the sale of flood insurance has beet made available under the
1ational Flood Insurance Act of 1968, as amended, h2 U.S.C. hO01
et seq., provisions obligating the transferee and its successors or
assigns to obtain and maintain, during the ownership of such land,
ouch 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.
h. EqualEmployment Opportunitps
(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
so r.
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poet in conspicuous places, aysilablo 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 wil.1 receive consideration for employ.
went 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 1121i6, as amended. such
.�r��.rr ■ �.��r
contracts shall be eubfect to HUD Equal &Vloyment 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 ate►
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 igreement,:the folloAng
equal opportunity clauses '
During the performance of this contract, the contractor agrees as
follower
(1) The contractor will not discriminate against any employee or
applicant for emp;gyment because of race, color, religion, sex, or
national origin. The contractor will take affirmative, 'action to ensure
6.
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. Such, action shall include, but not be limited to,
the following: 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 emplayp ont.
(4) The contractor will comply with all provisions of Executive
Order 112h6 of September 24, 1965s and of Zhe rules, regulations, and
7•
relevant orders of the Secretary of Labor.
(5) The contractor will furnish all inforafation and reports
required by Rxecutive Order ll?h6 of September 24, 19659 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 Department 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 non-
discriidnation clauses of this contract or With any of such rules,
regulations, or .orders, this contract ray be canceled, terminated or
suspended in whole or in part and the contractor may be declared in.
eligible for further Government contracts or federally assisted construe•
tion contract procedures authorised 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) thigh (7) in every subcontract or purchase order unless exempted
by rblee, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of txecutive Order 11246 of September 25, 19659 so that
such provisions will be binding upon each subcontractor or vendor. The
8.
contractor will. take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
ouch 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 ouch direction by the Department, the contractor may request the
United Stated 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 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;
1,
and that it will otherwise assist the Department in the discharge of its
primary responsibility for securing compliance.
9•
The Grantee further agrees that it will refrain from entering
into any contract or contract modification subject to Executive
• Order 11246 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to the executive
order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the Department or the Secretary of Labor pursuant to
Part II, Subpart D of the executive order. Tn addition, the Grantee
agrees that if it fails or refuses to comply with these undertakings,
the Department may take arty or all of the following actionst Cancel,
terminate, or suspend in whole or in part the grant or loan guarantees
refrain from extending any further assistance to the Grantee under the
program with respect to which the failure or refusal occured until oatis-
factory assurance of future compliance has been received from ouch Grantee;
and refer the case to the Department of Justice for appropriate legal
proceedings]
5. Lead -Based Paint Hazardst
The construction or rehabilitation of.residential structures with
assistance provided under thip Agreement is subject to the HUD Lead-
Based Paint regulations, 24 CFR Part 35. Any grants or loans made by
the Grantee for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the
J
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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.. Com liance with Air and Water Acts:
This Agreement is subject to the requirenents of the Clean Air
Act, as amended, U 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 all the requirements
of section 114 of the Clean Air Act, as amended, (U2USC 1857c-8) and
section 308 of.tj,,ae Eederal Water Pollution Control Act, as amended, 03USC
1318) relating to inspection, monitoring, entry, reports, and information,
IV
U.
as well as all other requirements specified in said section llh and
section 3089 and all regulations and guidelines issued thereunder.
(3) 1 stipulation that as a condition for the award of the
contract prompt notice will be given of any notification received
from the Director, Office of Federal Activities, EPA, indicating
that a facility utilized or to be utilized for the contract is under
consideration -to be listed on the EPA List of Violating Facilities.
(L) Agreement by the contractor that he will include or cause
to be included the criteria and requirements in paragraph (1) through
(h) 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
309(c) 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 contractiors engaged under contracts in excess of $22000 for the
construction, prosecution, completion or repair of any building or work
financed in whole or in part with assistance provided under this Agree-
f
12.
merit, 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 inexcess of $10,0009 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 VI of the Civil Rights Actof 196h
This Agreement is subject to the requirements of Title PI of the
Civil Rights Act of 1964 (P.L. 68-352) 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
Ap
13, .
ouch transfer,. -prohibiting discrimination upon the basis of race, color,
religion or national o ' , sex � rigin, in the Bale, lease or rental, or in
the use or occupancy of such land or arty 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,
iti undertaking its obligation in carrying out the program assisted here-
unders-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 Pim
Aelatiobehipa:
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 Applicants, shall comply with all
lawful requirements of the Applicant necessary to insure that the program
with respect to which assistance is being provided under this Agreement
to ;the Grantee is carried out in accordance with the Applicant's Assurances
and certifications, including those with respect to the assumption of
environmental responsibilities of the Applicant under section 104(h) of '
the Rousing 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 Commissioners shall be admitted to any share or part of
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this Agreement or to any benefit to arise from the same.
11. Interest of Members, office"t or employees of Grantee,
Members of Local Governing Body, or Other Public Officialst
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 cr subcontracts a provision
prohibiting such interest pursuant to the purposes of this section.
12.Prohibition Payments of Bonus or Cotmnissiont
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 or
applications for additional assistance, or any other approval or con
currence of RUDyrejuired under this Agreement, Title I of the Rousing
and Com =ity Development Act of 1974 or MUD regulations With respect
theretos provided, however, that reasonable fees or bona fide technical,
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