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HomeMy WebLinkAboutResolution - 2624 - Agreement- URA Of Lubbock- Community Develpment Funding, 4 Parcels Arnett Benson - 08/13/1987Resolution #2624 August 13, 1987 Agenda Item #21 RESOLUTION 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 by and 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 and approved this 13th day of August, 1987. x0f 13. C. McMinn, Mayor ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Sandy acIlettee, Community Development Administrator APPROVED AS TO FORM: arold Willard, Assistant City Attorney Resolution #2624 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 13th day of August If 1987, between the City of Lubbock, a Home Rule Municipal Corporation, hereinafter called "City" and the Urban Renewal Agency of the City of Lubbock, hereinafter called "Agency". WITNESSETH: WHEREAS, the City 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; and WHEREAS, the Agency is a public body, corporate and politic, created pursuant to Article 1269L-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 Urban Renewal Law Article 1269L-3, V.A.C.S., and the pertinent rules and regulations of the Department of Housing and Urban Development (HUD) and said Agency is authorized to exercise Urban Renewal Project powers 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 make acquisitions deemed necessary, all of which are described in the Work Order Budget and Program, which is attached hereto as Exhibit "B" and incorporated into this Agreement by this reference, and in the Statement of Community Development Objectives and Projected Use of Funds for the year beginning June 1, 1987 and ending on May 31, 1988, and in the specific Urban Renewal Plan approved and adopted by the City Council, pursuant to and under authority of Article 1269L-3, V.A.C.S. 2. The City has submitted a Statement of Community Development Objectives and Projected Use of Funds to the Department of Housing and Urban Development, hereinafter called "HUD", and a portion of funds received by the City from HUD shall be held for disbursement to the Agency, subject to the terms and conditions hereinafter set forth, for the purpose of enabling the Agency to perform the agreed services. It is further agreed between the Agency and City that the services to be performed by Agency for City shall only be those necessary for acquisition of real property. 3. The Agency will perform the activities set forth in this Agreement in such area of the City, heretofore designated as a Neighborhood Strategy Area, specifically Area 16. The site location of the above designated area, is indicated in Exhibit "A", attached hereto and made part hereof. The named and described area is within a designated Community Development Rehabilitation and Redevelopment Area. Plans for the area are set forth in a specific Urban Renewal Plan. 4. It is understood and hereby agreed that it shall be the responsibility of the Agency to implement the Work Order Budget and Program as set forth in Exhibit "B", in accordance with the Urban Renewal Plan for the designated area, which Plan has been adopted, and to this end the Agency shall be responsible and obligated to do and provide the following: Real Estate Acquisition - Acquisition of 4 parcels in Arnett Benson. 5. It is further agreed between the Agency and City that Agency, upon written request from City, will undertake additional acquisitions of properties as authorized under Article 1269L-3, V.A.c.S., provided that funding for any such acquisition or acquisitions is provided by City. 2 6. The Agency agrees to use City employees to carry out the above -stated obligations. The Agency agrees to use the City Attorney and staff for any needed legal services in connection with the above -stated obligations. 7. The Agency shall complete all projects and programs undertaken under this Agreement before June 1, 1989. 8. The Agency agrees that all proceeds from the sale of land will be tendered to the City upon the close of the Agency's books each month. 9. The Agency, in compliance with Article 1269L-3, $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. 10. Upon submission by the Agency of a proper request for payment on a request form prescribed by the Community Development Administrator accompanied by an exact closing statement, the City shall pay to the Agency the actual cost of acquisition of the parcels designated in the Agreement. 11. 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 (P.L. 93-383), as amended, and the rules and regulations of HUD, 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 and State statutes, local ordinances, rules or regulations or department procedures or directives of HUD. 3 12. It is understood and agreed that the Urban Renewal Agency shall not on the basis of race, color, national origin or sex exclude from participation in, deny the benefits of or discriminate against any person in the performance of any activity or program funded under this Agreement. Furthermore, the Agency shall not violate any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, 42 U.S.C. §6101 et. seq., nor with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 5794, in the performance of any activity or program funded hereunder. 13. 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 make no further payments to the Agency and 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 within 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 Agreement in full force or terminate the Agreement. 14. This Agreement shall at all times be subject to any corrective 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. 4 15. The Agency agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C. §1701u, and Section 202 of Executive Order 11246, a copy of each such sections being attached hereto marked Part II - Terms and Conditions and by reference made a part hereof for all particulars as though fully set out herein. 16. 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. 17. The Agency further covenants and agrees that no member of its governing body nor any employees of the Agency currently has an interest, direct or indirect, in the above described project areas, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of its services hereunder, that in the performance of this Agreement no person having any such interest shall be employed by the Agency and that no member of its governing body nor any such employee shall acquire any such interest during the term of this Agreement or for a period of one (1) year after the expiration of this Agreement. 18. The Agency agrees to'be and is hereby bound in the execution of this Agreement by the requirements and provisions as set forth in Part II -Terms and Conditions, which Part II has been incorporated herein by reference. 19. This Agreement constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. 20. The City shall fully defend, indemnify and hold harmless the Agency, its commissioners, officiers, agents, and employees from any and all claims, actions, and causes of action, including all attorneys' fees and expenses incidental to the investigation and defense thereof, arising out of the acts of the Agency, its commissioners, officers, agents and employees pursuant to this contract. IN WITNESS WHEREOF, the City and the Agency have executed this Agreement as of the first day above written. URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK CITY OF LUBBOCK, TEXAS C. MCMINN BqqkRD OF COMMISSIONERS MAYOR CHAIRMAN, JAMES V. PIPKIN ATTEST: Ranett Boyd City Secretary APPROVED AS TO CONTENT: Sandy Oglottreeu Community Development Administrator APPROVED AS TO FORM: Harold Willard Assistant City Attorney 6 ATTEST: Secret y Res. 2624 "EXHIBIT B" WORK ORDER BUDGET AND PROGRAM Arnett Benson Acquisition: 4 Parcels it RESOLUTION NO. 2833 RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMUNITY DEVELOPMENT FUNDING AGREEMENT BY AND BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY WITH RESPECT TO 13TH YEAR COMMUNITY DEVELOPMENT ACTIVITIES WHEREAS, the City of Lubbock is undertaking a Community 'Development Plan pursuant to the Housing and Community Develop- .ment 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 pur- suant to the Act as amended; and WHEREAS, the activities pursuant to the Community Devel- :,opment Plan to be carried out by the Agency are to include only areal estate acquisition in certain areas designated by the City as "Community Development Rehabilitation and Redevelopment Areas" ,as set forth in the said Plan; and ' WHEREAS, an agreement entitled "Community Development Fund - 'Ing Agreement between the City of Lubbock and the Urban Renewal ;'Agency of the City of Lubbock" for said 13th Year Community ;Development Activities has been presented to the Agency for approval and execution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK: SECTION 1. THAT said agreement be and is hereby t approved. j SECTION 2. THAT the Chairman be and is hereby authorized to execute said funding agreement with the City of Lubbock on behalf of the Urban f Renewal Agency, for the carrying out of real S estate acquisition activities as set forth in the 13th Year Community Development Plan. On motion of Commissioner Aguilar , seconded by Commissioner Jenkins the above and foregoing Resolution j was passed this 21 day of 1987, by the following vote: Commissioners voting "AYE" : Aguilar, Pipkin, Richardson, McWhorter, Jenkins, Thompson, Luskey. Commissioners voting "NAY": None. D . i' CHAIRMAN FATTEST: �i 14� SECRETARY PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II -Terms and Conditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other require- ments 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 izi executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: i 1. Definitions: Except to the extent modified or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the Community 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 Agreement. 2. "Section 3" Compliance in the Provision of Training Employment and Business Opportunities: ` This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.0 1701u), as amended, the HUD regula- tions 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 connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 1359 (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 required by Section 3 of the Housing and Urban Development—Act of 1968. D. The contractor will send to each labor organization or representative or workers with which he has a collective bargaining agreement 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 conspic- uous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. F. Compliance with the provisions of Section 39 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 subcontrac- tors, 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 neces- sary 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 Protec- tion 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 are 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(x) 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 discrim- inate 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 racer color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruit- ment 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 Govern- ment setting for 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 con- tracts shall be subject to HUD Equal Employment Opportunity regula- tions 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 assis- tance provided under this Agreement, the following equal opportunity clause: • During the performance of this Contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, 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 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' repre- tatives 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 nondiscrimina- tion 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, regulations -;-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 subdi- vision 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 eligibi- lity 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 Depart- ment 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 satis- factory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Age Discrimination Act of 1975 and Rehabilitation Act of 1973 Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.C.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act. 6. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assis- tance 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 Sub -Part B of said regulations, and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. 7. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. r In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: 1. A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcon- tract 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 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 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 the Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be listed on the EPA 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 under Section 113(c)(1) of the Clean Air Act or Section 309(c)softthe Federal lon Water Pollution Control Act. 8. 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 contrac- tors engaged under contracts in excess of $2,000 for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD require- ments 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 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. 9. 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 discrim- ination 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 improve- ments 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. 10. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under 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 Development Act of 1974. ) of the Housing and Community 11. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 12. Interest of Members Officers or Employees of Ci Governing Body, or Other Public Officials: Members of L No member, afficer, 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. 13. 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 Develop- ment 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.