HomeMy WebLinkAbout1979-267
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RESOLUTION NO. ? '9 -;1 (;r;
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE
3 1979-80 COMMUNITY DEVELOPMENT BLOCK GRANT
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
5
6
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an agreement with the United
States Department of Housing and Urban Development relating to the Community
Development Block Grant, a copy of which is attached hereto, marked Exhibit
7
8
9
"A", and incorporated herein by reference as fully as though set forth
at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
,,11 A'1~
day of ~J//
AYES: Councilmen
meeting thereof, held on the
1~
, 1979, by the fo 11 owi ng vote, to wit:
NAYS:
ABSENT:
(l/l4T~, I~_nh\~ .J:J...vwAl--L,..
~J~
,
"/1 tfx-<-/
('~#1 ~,,~v ~;-(wl
~/J/~.d
/' City Clerk
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21
22 The foregoing resolution is hereby approved this ,I,I,-JC
23
24
25
26
27
28
day of n
, 1979.
Approved as to form:
~~dZ
lt ney
.....,
r',
u.~. OEPMHMt;NT OF tIOU~IN' MW URf\AN nrVrLO!'Mf N'
, COMMUNITY OEVfLOPMfN I iii OCK GRANT PRtH~R^M
FUNDING APPROVAL UNDER TITLE I OF THE HOl.:SING AND COMMUNITY
DEVELOPMENT ACT OF 1974 {Public Law 93-383>. AS AMENDED
, r.;:"M!:: OF" APPL.ICANT \'" ,PPLlCA ,"ON C.PAN> NO.
City of San Bernardino
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3. APPLICANT'S AOOQF:~5 (lnducl" $,,,.;.,-:cTt>;:c:fJlI,,f;,, SllIte-;.;;;;-ZI/,-i...:.J;:J--- 4. IIA T'" OF A PPLIC ^ T 1f.J~
300 North tin" Street
san Bernardino, California 92518 . ApriL 13 _l979________
!i. Oo\U: 01-' HVIJ !;r.C:UP1" OF APPLU;ATIO'"
April 16, 1979
..
XX; Original Funding Approval
i : ! Amendment Amendment No.
All section references below are to the Housin2 and Communi!YJ!eveloDmenl Act of 1974. as amended. unless olherwise II1dicaled.
7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK CRANT FOR THIS FUNDING ACTION
(Ch_c:k only one"
a. I1QI Metropolitan Entillement (Sec. lOG)
b. 0 Metropolitan Discretionary (Sec. 106)
c. 0 Non-Metropolitan Enlillement (Sec. 106)
., d. 0 Non-Metropolitan Discretionary (Sec. 106)
e. 0 Secrelary's Discretionary (Sec. Ion
f. o Categorical Program Selllement Grants (Sec. lO3(b))
s. AMOUNT OF COMMUNITY DEVELOPMENT BLOc..,K GRANT FUNDS APPROVED
a. Amount of CDSG Funds Currently Reserved for this Applicant.. .............. _ _.. _ _.. - -.. S 2 ,437 ,000
b. Amount of CDSG Funds Now Seing Approved for this Applicant ........ _ . . . .. . _ . . . . - - - - . . - S 2 .437,000
c. Amount of Reservation to be Cancelled (Line Ba minus 8b). . . . . . . . . . . . . . . . . . - . . . . . . . . . . . - S -0-
_._---':!Il~~ccoUrmN~ USE ONL Y .
Lill TAC r-------o B 0 OJ OJ OOCUMENTNO 0lTiTIIrrnJn1j
F'ROGAAM
lTsl31 I [ill 71018121
11716\ I
, . . 12 13 .. ,. .. " JO "
um ttrrtTTTlIrrd - . 0 tITfJmrroJj Efr-red
EFFECTIVE DATE
DJI[]
" 4f .. " .. 60 ., .. ,. '^ H
.. DISTRIBUTION OF APPROVED COM~UNITY DEVELOPMENT BLOCK GRANT
a. Grant Amount Budgeled by Locality for RepaymeRt of Urban Renewal Loans. . . . _.. _ . _ _. _ _ - . . .. S -0-
b. Grant Amount Withheld for Payment 01 Principal and Interest on Loans Guaranteed Pursuanl to See_ 108 . S -0-
c. Grant Amount Deducted by HUD 10 SeWe Outstanding Ulban Renewal Loans
(Sec. 112 (a)(l)) ......................................................... S ~_dJ..-
d. Sum of lines 9a. 9b. and 9c . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . - - . . - . - - . . - - - . - - - - - . . S -0
e. Amount of Approved CDSG Available lor Disbursement (Line Bb minus 9d\ . - . . . . . . . . . . - . - . - - . . S 2,437,000
--
P,.vio\.is Editions or. Ob,olete
1
C~ t2 r,
HUO-7082 (8-78)
10. A!"'OUNT OF SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE (Su.lll(b}J
a. Amount of Surplus V.R. Funds Reserved for this Applicant. .. . . . . . .............. $ -0-
b. Amount of Surplus U.R. Funds Now Being Approved. . . . . . . . . . ... . . ........... -.. $ -0-
c. Balance of Surplus U.R. Funds Available for Future Use (Une lOa minus IOb)........_ $ -0-
HUD ACCOUNTING USE ONl V
Ern TAC PAOG'AAM B B OJ ED mill] L1IIflliImmiJ
~I~I~II ern
1 2 " 12 13 14 16 18 23 30 3'
am tmrrrnmd ITITf] ~ ffillrrrrrnrj SCHEDULE NO.
11111
41 45 50 54 60 61 65 70 74 7"
11. MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE ANO AMOUNT NOW BEING APPROVED
a. Applicant's latest Entitlement Amount - $ 2.437 _ 000 x3 $7,311 ,000
b. Grant Amount Required by HUD to' be Applied to Urban Renewal loan. $ ~.O-
"
c. Amount of Outstanding loans (Including Principal and Interest Thereon) Guaranteed $
Pursuant to Section 108 ~O-
d. Amount of Outstanding Loan Guara~tee Commitments Approved Pursuant to Section 108 $ -0-
e. Maximum Amount 01 loan Guarantee Commitment Available (Line IIa minus lIb, 1 Ie, $
and lId) . -0-
I. Amount of Loan Guarantee Commitment Now Being Approved $ ~.O~.
12. RECIPIENT OF LOAN GUARANTEE (Check Applicable Box)
a.D Applicant Identified in Block No.1
b.D Public Agency Designated by Applicant as Grantee to Receive Loan GuaranttJe (Name and Address)
N/A
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HUD-7082 18-781
r 3.. Waiver of Cerfain ~ppHcatlon Requirements for Section I O(~ Grants
. 0 The application requirements of Section 104(a)( I), (~) and (3) arc waived pursuanllu Section 104(b)(3), excepl
as indicated below:
N/A
14. Detennination Regarding Particularly Urgent Needs 10 be Met by Proposed Activities
o HUD has determined thaI Ihe activities described in the :ipplieation as supporting community development needs
I having a particular urgency, as specifically described in the application, are designed to meet such needs.
N/A . .
15. Environmental Review Actions
(a) 0
t
The Applicant lacks iegal capacily to assume environmental responsibilities under Seclion 104{h). HUO
has l'repared and circulated a final Environmental Impact Statement on the application.
(b) Ul
z
The Applicant has legal capacity to assume environmental responsibilities under Seclion 104(h) and has
submitted requests for release of funds and certilications approved by HUD under Section I04(h)(2) for
all projects which are subject to the environmental review requirements of 24 CFR Pari 58 and require
HUD release of funds, except those listed under Item 16(a) hereof.
16. Condilional Approvals on Use of Funds.
The obligation or utilization of funds for the .activities shown below, except as provided under subsection (a). is pro-
., hibited without Ihe further express written authorization of HUD.
(a) Projects requiring HUD written release of funds under Section 104(h)(2): (However, funds may be obligated or
utilized for: (1) the pIlyment of reasoMble administrative costs related to the planning and execution ofpro;ects
listed in this subsection and (2) other related activities specified under 24 CFR 58.21 as exempt from environ-
mental review requirements, including eligible planning, design, and environmental activities.)
3
Name of Project
Westside Central Neighborhood Strategy Area
Project No.
HUD-7082 (8-78)
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. . (11) Sl't,;'. 10S (a) (H) puhlic sCP/il:es determined necessary OI_app(opriate ror which uther Federal assistance may be
:Iv:,i!:,hll':
N/A
Ie) Sec. 105 (a) (2) flood or drainage facilities for which other Federal assistance may be available:
N/A
(dJ Any activities within the preceding categories which will be undertaken as a result of program amendments, or
as unspecilied local option activities.
. Ie> Activities affected by failure to comply with applicable HUD regulations or Jaw: (The specific regulation or
law with respect to each activity listed, and the corrective actions required 10 remove the conditional approval,
^' .re cited as Special Conditions in Item 18.)
N/A
17. Ineligible Activities Reducing Section 106 Grant Entitlement
o
Application for funding of the following proposed activities, determined by HUD to be ineligible under Title I
of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount
. shown below:
Proposed Activity
Amount
N/A
Total:
\
HUD-7017 (8-71)
I
I H. Special C~nditions ilnJ Mollifications of Grant Agreement
.
. "Not\~ithstanding any other provision of the Grant Agreement, the
grant approval is conditioned subject to the requirement that,
within 60 days after publication for effect of HUO regulations
implementing the 1978 amendment to the "expected-to-reside" provisions
of Section l04{a) of the Housing and Community Development Act of 1974,
as amended, the grantee shall submit any' amendments to its Housin9
Assistance Plan which may be necessary to conform to such regulations.
Failure to comply with this requirement shall be cause for HUD to
restrict further ob1i9ations or expenditures by the 9rantee until the
Housing Assistance Plan is in conformance with such regulations, as
determined by HUD; to reduce the balance of the Fiscal Year 1979
grant down to zero pursuant to ~570.9l0{b){10) of the regulations; and
to reduce the Fiscal Year 1980 grant pursuant to 9570.911 by the amount
of Fiscal Year 1979 funds expended."
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o Check if continued on extra sheet and attach.
The funding approval indicated above for utilization of the assistance provided thereunder in accordance wttb the approved
application, subject to the requirements of Title I of the Housing and Community Development Act of 1974 (P.L. 93.383). as
amended. and the Department of Housing and Urban Development's rules and regulations, and the execution of a Grant Agree-
ment in accordance therewith, is hereby authorized for the program year beginning on July 1, 1979 .
Date:
6-:17-79
Secretary of Housing and Urban Development
By:
IdI2>1l f ~'--
(Signature)
Acting Area Manager
(Title)
JUN 2 9 1<l79
I Date Applicant notified that funding has been authorized:
, tnJD-7082 (8-78)
,
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ACCEI'TANCE I'ROVISIONS
. .
The Grant Agreement, authorized by the Department of Housing and Urban Development on
under the Funding Approval for application/grant number
is hereby accepted by the Applicant as Grantee under the Agreement: and the Applicant/Grantee agrees to comply, and to
accept responsibility for compliance by any public agency designated as Grantee to receive loan guarantee assistance and by
any public or private non.profit entity, local development corporation, or small business investment corporation carrying
out grant activity on behalf of the applicant, with the terms and conditions of the Agreement, applicable law, regulatipns
and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided.
"
(Title)
(Date)
HUD-7082 (8-78)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
COMMUNITY DEVELOPMID.'T BLOCK GRANT PROGRAM
Upon 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 1974 (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 requirements of HUD now or htlreafter 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, including any Assurances, certifications, maps,
schedules or other submissions made with respect thereto, the HUD
Community Development Block Grant Regulations at 24 CFR Part S70 and
the following General Terms and Conditions:
1. Defini tions: Except to the extent modified or supplemented
by the Grant' Agreement, any term defined in Title I of the Housing and
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Communi ty Development Act of 1974 or the HUD Comnnmity Development Block
Grant Regulationk at 24 CFR Part S70, shall have the same meaning when
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used herein.
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2.
(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 24 CFR Part 570.
(e) . Assistance provided under this Agreement means the grants and
any loans secured by loan guarantees provided under this Agreement.
(i) 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 USC 1701u), as amended,
the HUn regulations issued pursuant thereto at 24 CFR Part 135, and any
applicable rules "and orders of HUn issued thereunder prior to. the H"llD
authorization of the Funding Approval.
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3.
The Grantee shall cause or require to be inserted in i'ull 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
in 24 CFR 135.20(b).
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 section 3 clause.
"
3. Flood Disaster Protection:
This Agreement is subject to the requirements 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 in a community not then in compliance with the requirements for
participation in the national flood.insurance program pursuant to.
section 20l(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
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program shall be subject to the mandatory purchase of flood insurance
requirements of section l02(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 i..greement shall contain, if such land is located in an area
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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, h2 U. S.C. hOOl
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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
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is not itself funded with assistance provided under this Agreement.
4. Equal Employment Opportunity:
(a) Activities and contracts not subject to Executive Order
112h6, 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 following: employment,
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upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
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selection for training, including apprenticeship. The Grantee shall
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5.
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Goverr~'Ilent setting forth the
provisions of this nondiscrimination clause. The Grantee shall state
that all qualified applicants will receive consideration for employ-
ment without regard to race, color, religion, sex, or national origi.'1.
The Grantee shall incorporate the foregoing requirements of this
paragraph (a) in all of its contracts for progra'll 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 112h6. as amended. Such
contracts shall be subject to HUD Equal Employment Opportu."lity regula-
tions at 24 CFR Part 1)0 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 assistance provided under this Agreement, the follOWing
equal opportunity clause:
During the performance of this contract, the contractor agrees as
tollows:
(1) The contractor will not discriminate against any employee or
applica"lt tor employment because of race, color, religion, sex, or
national origin.
The contractor will take affirmative action to ensure
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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, de~ntion, 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 employmsnt, notices to be
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provided by the contracting officer setting forth the proviSions of
this nondiscrimination clause.
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(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 noticre in conspecuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and
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relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and report~
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 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~
discrimination 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 in-
eligible for further Government contracts or federally assisted construc-
tion contract procedures authorized in Executive Order 11246 of
Septe~~er 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 Ord?r 11246 of Septewber 25, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
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8.
contractor will take such action with respect to any subcontract or
purchase order as the Department ma;y 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 re~t
of such direction by the Department, the contractor ma;y request the
United States to enter into such litigation to protect the interest of
the United States.
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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,
instrwnentality 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 complia11ce 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
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information as they may require for the supervision of such compliance;
and that it will otherwise assist the Department in the discharge of its
primary responsibility for securing compliance.
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The Grantae further agrees that it Ifill refrain from enterinz
into aI\Y r.ontract. or eontract 1I'0dification subject to Executive
Order 1l2h6 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contract.s
and federally assisted constrJction co~tracts pursuant to the executive
order and will carry out such sanctions and penalties for violation of
the eqv.al opportunity clause as ma,V be imposed upon contractors and
su1:;lcontractors by the Department or the Secretary of Labor pursuant to
Part II, Subpart D of the executive order. In addition, the Grantee
" agrees that if it fails or refuses to comply with the58 llndertakings"
the Department ~- take ~- or all of the following actions: Cancel,
terminate, or suspend in whole or in part'tha grant or loan guarantee;
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refrain from extending arlY further assistance to the Grantee unJe:::- the
progr~~ with respect to wr~ch tl~ failure or refusal occured 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. Lead-Based Paint Hazards:
The construction or rehabilitation of residential structures with
assista~ce provided under this Agreement is subject to the hlJD Lead-
Based Paint reelllat.ions, 2h CFR Part 35. Any grants or loans w.ade by.
the G.mnt!'l<1 for' the rehabilitation of residential st.ructures wit.t
ansistan~e provided under this Agree~ent shall be made subject to the
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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 3S.14(f)
thereof.
6. Compliance with Air and Water Acts:
This Agreement is subject to the requirements of the Clea.."l Air
Act, as ~nded, 42 use 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 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 this Agreement, the following requirements:
(1) A stipulation by the contractor of subcontractors that any
facility to be utilized in the performance of a.."lY 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 ll4 of the Clean Air Act, as amended, (42USC 1857c-8) and
section 308 of the Federal Water Pollution Control Act, as amended, ()3USC
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1318) relating to inspection, monitoring, entry, reports, and infonnation,
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as \.:(~l ar. a. _ 0(, ler req:.11Tr'i~)~n.~ spec]. 1('( In ~):u'.i. ~7e(: .lOll. ..1.. q U.n
sect~~on 30S~ a..'1d all regu13Lions and gllj dclinc:J is:;;.:cd theretL'1der'~
(3) A stipulation t.hat as it condition for t.ll;:: uHard of tlw
contract pron,pt n;,tice ~;ill be given of any notification received
from the Director, Office of Federal Activities, EPA, indicating
that a facility utilized or to be utilized for th8 contract is under
consideration to be listed on the EPA Li st of Violating Facilities. .
(4) AGreement. by the contractor t.lut he ,.;j.:;~ include or cause
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to be included the criteri;, and requirements in para;:raph (1) through
(1.1) of this sect.ion in every nonexempt' subcont.Y'3('t. <<:ld req'liri,n& that
the contractor ~~,ll t.ake such action as the (JoVUiTo",rmt may din,ct as
a menns of 8!lforcing :')uch provisions.
In no ev..::nt sh:.ul any amount of tho fl.~;5i::;1..ancc prbvidcd under this
Ag::"een~nt be ut.ilized vr.l..t.h rc.spcct. to ;~ fncilit.:/ Hhi~h has given rise
to (l corivict...i.o:1 under section 113(c)(1) 0.1" th.~ Clear.. Air Act or section
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)09(c) of thLl 1~ed'3i';:>.J ,!at.er pollut.ion Ccnt't'nl Act.
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7. F'edp.ral L~lor Sl;?nd.'i)"il.:.; Provi :;~~l2~ =
r~xccpt \-Ii th r(;[;ptJct t.o tht1 rehabil i. tat.iO!l of r(~~id-_~nti."ll Iwoperty
designed fo!" residential use for less thn'1 eicht. t':<r-Llics, the Grant..::c
~nd all cClntractorr. cn:'~~fjcd 1111(ler contrrt(;t.c. in eXC('fiF of :;.2,OeO for the
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i'in:lncc:d in l:hole 01' in part-. \-:i th aJrJi:.,L:lnec prnv~.::l(:"l u:"lder t.his :\[;r&ec-
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const.nlct.ion, Pl'O;;;:l~cut.i(ln, C(,!;~:.)lct.ioJl or rl..:p;"1ir~ or ~lj," h~lil(lini; 01'" \.:ork
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l;l~:l L I ;;halJ comply rii Lh HU]) l'C(lui!'t'ltentD Jl~:.r Laild.I~~ to cue!! con~l'~(; t3
{nllt t.he n1-'p.lic:':.blc l'Cc!l,tirer.lclrLG of Lhe l'CGulaLlonc of the DeI'artc-:~nt
cf Labor under 29 CFR Parts 3 and 5, gover-ninE; the rU:,'I!'.ent of
\':..~t;es and thc ro.tio of opprcntic0Z and trainces to JourllcJ'T.iCn:
Provided, that if \~a.ge rates higher than those required under such
!'q;ulations are imposed by state or local 1m'" notting hereunder is
ir,tcEced to relieve the Grantee of its obligation, if any, to require
pa~~,ent of the higher rates;' The Grantee shall cause or require to be
inserted in full, in all such contracts subject to such regulations,
provisions rr,eeting the requiremcnts of 29 CFR 5.5.
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No award of the contracts covered'under this section of the
ft~ree~ent shall be n~de to a~~ contractor who is at the tD1e ineligible
m.der the prc-risions of any applicable regulations of the Department
of Labor to receive an z.T,','urd of such contract.
8. Nondiscrin:ination Under Title VI of the Civil Rights Act of 1964
This Agreement is SUbject to the requirewcnts of Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect
thereto including the regulations ur.dcr 24 CFR Part 1. In the sale, lease
or other transfer of land acquired, cleared or improved ...dth assistance
provided U!lder the Agreement, the Grantee shall cause or require a
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CC!',;I3I~ant l'\lluiing with the land to be inserted ill tl:e deed or lease for
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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 improve~ents 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,
in undertaking its obligation in carrying out the program assisted here-
under, 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 progra'll with res-
pect to which assistance is being provided under this Agreement to the
Grantee. Any Grantee which is not the Applicant, 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 asswnption of
environmental responsibilities of the Applicant 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 ~~ share or part of
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this Agreement or to any benefit to arise from the same.
11. Interest of Members, Officers, or Employees of Grantee,
Members of Local Governing Bod.v, or Other Public Officials:
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-
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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 con.""lection with the
progra::l assisted under the Agreement, The Grantee shall incorporate, or
cause to incorporated, in all such contracts or subcontracts a provision
prohibiting such interest pursuant to the purposes of this section.
12. Prohibition Against Payments of Bonus or Commission:
The assistance provided under this Agreement shall not be used in
the payment of any bonus or commission for the purpose of obtaining HUD
approval of the application foT.' such assistance, or HUn approval of
applications for additional assistance, or any other approval or con-
currence of HUD required under this Agreement, Title I of the Housing.
and Communit;y Development Act of 1974 or HUn regulations with respect
thereto; provided, however, that reasonable fees or bona fide technical,
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consultal1t, managerial or other such services, other than actual
solicitation, are not hereby prohibited if otherwise eligible as
program costs.
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