Loading...
HomeMy WebLinkAboutResolution - 980 - Amended Funding Agreement - URA - Community Development Activities, Year 5 - 12/10/1981SMH:mck RESOLUTION Resolution 980 - 12/10/81 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED FUNDING AGREE- MENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY WITH RESPECT TO COMMUNITY DEVELOPMENT ACTIVITIES, YEAR 5. WHEREAS, on the 28th day of June, 1979, the Urban Renewal Agency and the City of Lubbock executed a Fifth Year Funding Agreement for the agency to carry out certain activities pursuant to the Housing and Community Development Act of 1974 as amended; and WHEREAS, said agreement was amended September 9, 1980; and WHEREAS, the work as set forth under said Fifth Year Funding Agreement as amended, has been almost completely accomplished in the designated areas and there are funds remaining for additional works; and WHEREAS, there exists certain areas within the Community Development Neighborhood Rehabilitation and Redevelopment Program that are unfunded and/or not adequately funded for their planned revitalization; and WHEREAS, it is necessary to further amend said Fifth Year Funding Agreement in order to utilize these remaining funds efficiently and to effectuate the revitalization of the unfunded and inadequately funded designated areas; 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 said revised Funding Agreement, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the Council this in_th da , 1981. j gcAL STER, MAYOR ATTEST: I Evelyn Gaffga, City a ary-Treasurer APEOVED AS TO CONTENT: Richard Mays, Community Development Coordinator APP$OVED AS TO FORM: Susan M. Horton, Assistant City Attorney wURBAN RENEWAL AGENCY COMMUNITY DEVELOPMENT BUDGET CD YEAR LINE PROGRAM ACTIVITY NO. 1. Acquisition of Real Pro ert 2. Disposition _ 3. Public Facilities and Improvements RESOLUTION 980 ORIGINAL 5 XX AMENDMENT (l �^ LATEST A)'P , 13UDCE'1' 2 ADJUSTMENT' 676 493.00 -37,272.39 4,760_0 - 12/10/81 BUDGET NUMBER �3 BUDGET/AMT. RE VESTED 639,220.61 1. Street Improvements 168 64.00 +i$ T92. J. Water & Sewer Facilities 4. Clearance Activities 7 X7.00 _ 5. Public Services 1 .0 6. Interim Assistance 7. Completion of Previously Approved Urban Renewal Pro ects 8. Relocation Pa encs and Assistance 1 004 i44.00 - _ 9. Payments for Loss of Rental Income - 32 17.96 971,9.71.04 10. Removal of Architectural Barriers 11. Specially Authorized Assistance to _ Privately Owned Utilities 12. Rehabilitation and Preservation Activities c. Rehabilitation of Private 244 20.00 59,8413.75 � _ 30 .,168.75: Properties 15. SUBTOTAL 16. Planning 17. General Administration 18. Contingencies ---21 Z_,I2_4 M14.00 19. TOTAL URBAN RENEWAL PROGRAM C05TS 281462.00 -0- $ 462.00 2,3 89462.00 , APPROVAL OF THE EXPENDITURES BUDGET IN THE AMOUNTS SH014N IS HEREBY REQUESTED. November 17 ,�„ 8g 7 _ THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK DATE BY:(Si natur (Tim, Executive Director THE EXPENDITURES BUDGET IS HEREBY APPROVED IN THE AMOUNTS SHOWN. 12/10/81 LSinat LUBBOCK DATE r i BY:ure " (.Title) Mavor 0 Budget 112 was approved by City Manager 1 RESOLUTION NO. 2538 RESOLUTION AUTHORIZING THE CHAIRMAN TO ENECUTE AN AMENDED FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENS AL AGENCY WITH RESPECT TO COMMUNITY DEVELOPMENT ACTIVITIES, YEAR FIVE WHEREAS, on the 28th day of June, 1979, the Urban Renewal Agency of the City of Lubbock executed a fifth year funding agreement for the Agency to carry out certain activities pursuant to the Housing and Ccnmunity Development Act of 1974 as amended; and WHEREAS, said agreement was amended September 9, 1980; and WHEREAS, the work as set forth under said Fifth Year Funding Agreement as amended, has been almost completely accomplished in the designated areas and there are funds remaining for additional work; and WHEREAS, there exist certain areas within the community development neighborhood rehabilitation and redevelopment program that are unfunded and/or not adequately funded for their planned revitalization; and WHEREAS, it is necessary to further amend said Fifth Year Funding Agree- ment in order to utilize these remaining funds efficiently and to effectuate the revitalization of the unfunded and inadequately funded designated areas; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF Ccm,4ISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK: THAT the Chairman be and is hereby authorized to execute said revised funding agreement with the City of Lubbock on behalf of the Urban Renewal Agency, to provide for the reallocation of the remaining funds in the specified areas as set forth in the attached amended Exhibit "B", subject to final approval of said work and reallocations by the City of Lubbock. On motion of Commissioner Malouf , seconded by Commissioner t& --Keever , the above and foregoing Resolution was passed this 17th day of ov r , 1981, by the following vote: Ccumissioners voting "AYE": Braxton, Castaneda, Malouf, McKeever, Nelson. Commissioners voting "NAY": None. CHAI ....J... L__ _.�.. CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies that: 1. He is the duly qualified and acting Secretary of the Urban Renewal Agency of the City of Lubbock (hereinafter called the Local Public Agency) and the custodian of the records of the Loca:1 Public Agency, including the journal of proceedings of the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock (hereinafter called the "Governing Body"), and Is duly authorized to execute this certificate. 2. Attached hereto is a true and correct copy of a resolution including the WHEREAS clauses, adopted at a meeting of the Governing Body held on the 17th day of. November . 19 8_1 . 3. Said resolution has been duly recorded in the journal of said meeting and is now in full force and effect. 4. Said meeting was duly convened and -held in all respects in accordance with law and the by-laws, due and proper notice of said meeting was given. A legal quorum of members of the Governing-Oody was present throughout said meeting and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said resolution. All other requirements and proceedings under law, said by-laws, or otherwise, incident to the .proper adoption of said resolution, including any publications, if required by law, have been duly fulfilled, carried out, and otherwise observed. 5. The Seal appearing below constitutes the official Seal of the Local Public Agency and was duly affixed by the undersigned at the time this certificate was signet IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 24th day of Novembet , 19 81 .(SEA -L) SECRETARY OF THE URBAN RENEWAL AGENC OF THE CITY OF LUBBOCK, TEXAS AMENDMENT #2 BY AREA COMMUNITY DEVELOPMENT YEAR V BUDGET III City Mgr. % Change Approved Approved Amendment Proposed From Budget #1 Budget #2 + or - Budget #3 Budget i AREA 7C - ARNETT BENSON Property Acquisition $145,900 $145,340 $ (3,378.50) $141,961.50 Site Improvement 18,541 17,871 (4,280.58) 13,590.42 Site Clearance 13,300 13,970 (1.45) 13,968.55 Rehabilitation 80,000 62,000 (89.35) 61,910.65 Disposition 500 1,060 (1.84) 1,058.16 Relocation 225,600 235,600 (1,441.57) 224,158.43 Field Costs 101,502 101,502 -0- 101,502.00 Total $585,343 $567,343 $ (9,193.29) $558,149.71 - 4.65 AREA 17A - PHYLLIS WHEATLEY Property Acquisition $190,288 $118,288 $ (432.89) $117,855.11 Site Clearance 15,400 15,400 (1,889.27) 13,510.73 Disposition 2,000 2,000 501.84 2,.501.84 Relocation 183,455 255,455 (105.14) 255,349.86 Field Services 85,244 85,244 -0- 852244.00 Total $476,387 $476,387 $ (1,925.46) $474,461.54 -.40 AREA 20A - MEADOWBROOK Property Acquisition $ 22,500 $ 22,400 $ (414:00) $ 21,986.00 Site Improvement 25,330 25,050 (3,434.86) 21,615.14 Site Clearance 2,100 2,380 (3.50) 2,376.50 Disposition -0- 100 -0- 100.00 Relocation 37,952 52,952 (41.65) 52,910.35 Field Services 18,454 18,454 -0- 18,454.00 Total $106,336 $121,336 $ (3,894.01) $117,441.99 + 10.44 AREA 25A - ELLISTON Property Acquisition $ 67,280 $ 67,280 $ 3,000.00 $ 70,280.00 Site Improvement 16,929 16,929 12,688.12 29,617.12 Site Clearance 5,600 5,600 1,716.76 7,316.76 Rehabilitation 56,000 104,000 (37,238.30) 141,238.30 Disposition 500 500 (200.00) 300.00 Relocation 85,540 85,540 31,813.05 117,353.05 Field Services 461550 46,550 13,355.00 59,905.00 Total $278,399 $326,399 $ 99,611.23 $426,010.23 +53.02 - 53.02_AREA AREA 26C - BEAN Property Acquisition $ 91,000 $ 83,500 $(30,910.50) $ 52,589.50 Site Improvement 17,063 17,063 (3,906.55) 13,156.45 Site Clearance 9,100_ 9,100 (3,859.90) 5,240.10 Rehabilitation 40,000 10,000 (564.20) 9,435.80 Disposition 500 500 (300.00) 200.00 Relocation 121,383 106,383 (14,615.81) 91,767.19 Field Services 58,494 58,494 (5,000.00) 53,494.00 Total $337,540 $285,040 $(59,156.96) $225,883.04 - 33.08 AMENDMENT #2 BY AREA COMMUNITY DEVELOPMENT YEAR V BUDGET III City Mgr. % Change Approved Approved Amendment Proposed From Budget X61 Budget #2 + or - Budget413 Budget # AREA 27A - POSEY Property Acquisition $ 55,000 $ 62,500 $ (179.00) $ 62,321.00 Site Improvement 30,162 30,162 (6,879.16) 23,282.84 Site Clearance 7,700 7,700 (2,254.88) 5,445.12 Rehabilitation 16,000 16,000 (6,736.00) 9,264.00 Disposition 500 500 -0- 500.00 Relocation 83,400 83,400 (17,709.34) 65,690.66 Field Services 40,375 40,375 (6,055.00) 34,320.00 Total $233,137 $240,637 $(39,813.38) $200,823.62 -13.86 AREA 29 - STUBBS Property Acquisition $ 45,000 $ 47,850 42.50 $ 47,892.50 Site Improvement 36,147 35,947 19,805.69 55,752.69 Site Clearance 3,500 7,000 (3,103.82) 3,896.18 Rehabilitation -0- 12,000 -0- 12,000.00 Disposition -0- 100 -0- 100.00 Relocation 46,700 28,450 (72.50) 28,377.50 Field Services 23,249 23,249 (2,300.00) 20,949.00 Total $154,596 $154,596 $ 14,371.87 $168,967.87 + 9.30 "EXHIBIT B" COMMUNITY DEVELOPMF�" PROGRAM YL;Ait 5 ---�-- WORK PROGRAM AMENDMENT #2 BUDGET #3 ARNE'iT BENSON (1) Approved Amended (2) % Change AREA 7A Budget #1 Budget #3 From and Workload Workload Budget U Estimated Cost $643,877.00 $634,683.71 - 1.43 Estimated Work Program 1. Acquisition (parcels) 19 21 2. Relocation Owner -Occupants 10 13 Tenants 8 7 Businesses 2 7 3. Rehabilitation 10 8 4. Public Works & 2,320 L.F. 4' sidewalk 2,194 L.F. 4' sidewalk Site InVrovements W BATLEY AREA 17A Estimated Cost (less Administrative Cost) $524,000.00 $522,074.60 - .37 Esti u -i Led Work Program 1. Acquisition (parcels) 21. 18 2. Relocation Nner-(k-cuj, ulLs 10 11 Tenants 10 13 Businesses 4 11 3. Rehabilitation 0 0 4. Public Works & Site Impr. None proposed for this area MEADOWBROOK VILLA AREA 20B Estimated Cost (less Administrative Cost) $116,969.00 $113,074.99 - 3.33 Estimated Work Program 1. Acquisition 4 4 2. Relocation Owner -Occupants 3 3 3. Rehabilitation 0 0 4. Public Works & Site Impr. 3,170 L F 4' sidewalk 3,889 L.F. 4' sidewalk (1) Includes Administrative and Service Costs (2) Budget #2 was approved by City Manager e CD YEAR V (CON'T) AMENDMENT #2 BUDGET #3 ELLISTON (1) Approved Amended(2) s hange AREA 25A Budget #1 Budget #3 & From & Workload Workload _ Budget #1 Estimated Cost $306,238.00 $392,494.23 28.17 Estimated Work Program 1. Acquisition (parcels) 8 11 2. Relocation Owner -Occupants 4 5 Tenants 3 6 Businesses 1 6 3. Rehabilitation 7 18 4. Public Works & Site Lnpr. 500 L.F. of AC Waterline 1,668 L.F. of 4' Sidewalk 4,843 L.F. 4' Sidewalk BEAN SCHOOL AREA 26C tstimated Cost $371,294.00 $317,137.04 -14.58 Estimated Work Program 1. Acquisition (parcels) 8 8 2. Relocation Owner -Occupants 3 5 Tenants 4 6 Businesses 1 4 3. Rehabilitation 5 1 4. Public Works & Site 7mpr. 2,135 L.F. 4' Sidewalk 2,049 L.F. 4' Sidewalk POSEY EAST AREA 27A Estiunated Cost $256,450.00 $222,691.62 -13.16 Estimated Work Program 1. Acquisition (parcels) 10 9 2. Relocation Owner -Occupants 3 1 Tenants 8 9 Businesses 1 8 3. Rehabilitation 2 1 4. Public Works & Site Impr. 3,800 L.F. 4' Sidewalk 3,754.L.F. 4' Sidewalk (1) Includes Administrative and Service Costs (2) Budget #2 was Approved by City Manager • CD YEAR V (CON' T) ANT #2 BUDGET #3 STUBBS SCHOOL (1) Approved Amended (2) % Change AREA 29A Budget #1 Budget #3 From & Workload & Workload Budget #1 Estimated Cost $170,634.00 $187,305.87 + 9.77 Estimated Work Program 1. Acquisition 7 4 2. Relocation Owner -Occupants 4 1 Tenants 3 2 Businesses 1 3 3. Rehabilitation 0 2 4. Public Works & 2,800 L.F. 4' Sidewalk 3,754 L.F. 4' Sidewalk Site Improvements 2,100 L.F. of AC W/Line TOTAL COST $2,389,462.00 $2,389,462.00 (1) Includes Administrative and Service Costs (2) Budget #2 was Approved by City Manager RESOLUTION 980 — 12/10/81 , s C1 CONTRACT FOR ACQUISITION AND RELOCATION SERVICES BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS § COUNTY OF LUBBOCK 10th December THIS Contract is entered into on this I h day of N9Vff6%r, 1981 by and 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 may acquire certain property pursuant to the expanding needs of the Community for additional Park and Recreational and other community facilities; and WHEREAS, the CITY is to acquire certain additional lands for park facilities and open space in the vicinity south of Carroll Thompson Junior High School, and property in the Overton Addition for a community facility in Lubbock, Texas and desires to have the AGENCY perform certain functions with respect to the acquisition of such lands and in the administration of the relocation activities necessary upon acquisition thereof; and WHEREAS, the AGENCY desires to perform the functions for the CITY with respect to obtaining appraisals of certain parcels, acquisition of such lands and the relocation activities anticipated to be necessary upon acquisition thereof. NOW, THEREFORE, the CITY and the AGENCY do hereby agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisi- tion of certain parcels of land on behalf of the CITY. Pursuant to the Community Development Block Grant Program, the said parcels being described in Exhibit A of this contract. All.of the said properties are located within the City of Lubbock. 2. The AGENCY will provide the following services with respect to the acquisition of said parcels: A. The AGENCY shall obtain and present to the CITY appraisals for the respective parcels of land to be acquired under this Contract. The CITY shall determine the fair market value of each parcel of land based on a review of such appraisals, and AGENCY will meet personally with each owner of respective parcels of land and present to such owner a written offer based on such established fair market value. B. The AGENCY will deliver the written offer to purchase the property to the owner (based upon the CITY'S review of appraisal and established fair market value) together with a summary statement of the basis of the offer, prepared in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the "ACT". C. The AGENCY'S negotiator will explain to each owner the policies and requirements of the CITY with respect to the acquisition of the parcels of real property to be acquired as set forth in this contract. D. The AGENCY will discuss the offer to purchase with the respec— tive owners of the parcels of real property, including information contained in the summary statement of the basis of the offer, and all other terms and conditions of the option to see which will be presented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels of property every reasonable opportunity to present evidence which the owner believes to be relevant to the question of value and which may be suggested in the terms and conditions in the option as may be necessary and desirable, and AGENCY shall report any proposed modification to CITY. F. The AGENCY will contact all parties to obtain releases of liens or any other instruments which the CITY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Contract. G. The AGENCY will provide such services with respect to the coor- dination of the all appraisal activities, including the appraiser and review appraiser, as may be necessary and as requested by the CITY. 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels of real property which are to be acquired by the CITY, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of relocation assistance that is available under the terms of the Act. B. Provide counseling services as necessary to the displaced owners, tenants or any other person who is entitled to relocation assistance under the Act. C. Prepare all necessary claim forms, notices, or any other papers or documents as may be required by the Act and deliver such to the appropriate parties. 4. The AGENCY agrees to maintain such records as may be required by the Act, which is understood to govern the procedures employed in the acquisition of such parcels of real property for the purposes set forth herein. Upon completion of all services to be performed under this contract, including the hereinabove specified relocation services for each parcel, the AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this contract after the completion of such services as are specified to be performed by the AGENCY herein. 5. The AGENCY agrees to provide such appraisals and appraisal reviews of the properties to be acquired for such project, in accordance with the Act. The costs of such appraisals and appraisal reviews shall be borne by the AGENCY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel, and pursuant to the establishment thereof, the AGENCY shall make all certifications relating thereto as required by the Act. 7. The CITY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and relocation with respect to the parcels of land as set forth in this contract. 8. The CITY retains the right to make all final decisions with respect to the.establishment_of`:fair market -value, or any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract. 9. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels set forth herein until such time as all relocation of the occupants has taken place. 10. The CITY will be reponsible for all structures, foundations, fences, etc., and for any site preparation of the said described parcels. 11. The CITY will make all payments and disbursements with respect to acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the described parcels for such project. 12. The CITY will be responsible for any eviction or condemnation pro- ceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings except that such AGENCY personnel providing the services as are specified herein to the CITY will be available to testify in Court if needed. 13. The CITY shall reimburse the AGENCY for the services of the AGENCY as are set forth herein, based upon an actual hourly time cost of the personnel of the AGENCY involved in providing the services and the actual cost of reim- bursable items including travel, office expense, and appraisal services, and the AGENCY shall provide the CITY an itemized bill at such time as the apprai- sals, acquisition and relocation services for any particular parcel are com- pleted, with the maximum compensation to be due the AGENCY for all services to be performed and actual expenses incurred and provided hereunder by the AGENCY to be SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($6,750.00). 14. The AGENCY agrees and is hereby bound in the execution of this contract by the requirements and provisions as set forth in Part II: Terms and Conditions, attached hereto and by reference made a part hereof for all particulars as though fully set out herein. 15. This contract shall terminate upon the completion by the parties and satisfaction of all terms and provisions provided hereunder. 16. This contract 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. IN WITNESS WHEREOF, the CITY and AGENCY have executed this Contract as of the first date above written. CITY OFBBOCK 01 nim- e e ......4LMCMISTER, MAYOR ATTEST: - E elyn _Gaf ga, tity SecrA Treasurer APPROVED:` Richard Mays, Community Dev lopment Coordinator APPROVED AS TO FORM: 61�� . Uftw Susan M. Horton, Assistant City Attorney URBAN RENEWAL AGENCY OF THE CITY 0 OCK, TEXAS ..." George Nelson, Chaftinan A'T'TEST H_,O. Alderson, Secretary r EXHIBIT A SOUTH OVERTON PARK 67440-44-6 Block 44, Lot 6, Overton Addition 67440-44-5 Block 44, Lot 5, Overton. Addition 67440-44-4 Block 44, Lot 4, Overton Addition PART II - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Funding Agreement of which this Part II - Terms and Con- ditions is a part, the 'City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter in effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 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 Agree- ment. 2. "Section 3" Compliance in the Provision of Training Employment and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regu- lations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECT. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12. U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connect- ion with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 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 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; and making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities re- quired by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or represent- ative of workers with which he has a collective bargaining agree- ment or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies . of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal fin- ancial assistance, take appropriate action pursuant to the sub- contract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Develop- ment, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such .assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the above Section 3 clause. 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 under this Agreement is approved for acquisition or constructionpurposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for par icipation in the national flood insurance program pursuant to Section 201(4) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal Employment Opportunity: (a) Activities and contracts not subject to Executive Order 11246, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or.termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assist- ance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall in- clude, but not be limited to, the following: Employment, upgrading, demotion, or transfrer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, in- cluding apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions to Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the City and by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimi- nation clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the City and HUD in the discharge of HUD's primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractordebarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such.sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Sub -Part D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assist- ance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint -hazards under subpart B of said regulations, and the Grantee shall be responsible for the inspections and certificates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Pro- tection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: (1) A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agree- ment be utilized with respect to a facility which has given rise to a conviction under Section 113(c) (1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $29000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part I. In the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under lawful requirements of the City necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the City's Assurances and certificates including those with respect to the assumption of environmental responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal -Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of City, Members of Local GoverningBody,' or Other Public Officials: No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter;' shall have any interest,' direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or.' -cause to be�_.incorporated; in .a11:•.such-:contradts _ or subcontracts _,.- a,provision.grohibiting'.6tich interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable',,fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as' program costs.