HomeMy WebLinkAbout11-80 RESOLUTION•
RESOLUTION NO. H4(7
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE. A GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR THE FINANCIAL SETTLEMENT OF WATER AND
SEWER PROJECT WSF-AR-06-37-1001.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a grant agreement with
the Department of Housing and Urban Development for categorical
program settlement funds in the amount of $78,000.00 for the
financial settlement of water and sewer project WSF-AR-06-
37-1001. A copy of the grant agreement authorized for
execution hereby is attached hereto, marked Exhibit "A" and
made a part hereof.
Section 2. That the City of Fayetteville hereby agrees
to abide by the five provisions set forth in Section 18.I of
form HUD -7082, and agrees to abide by the special condition
in Section 18.II of form HUD -7082. A copy of said conditions
marked Exhibit "B" is attached hereto and made a part hereof.
PASSED AND APPROVED on this''` day ofaL4�.y ,
1980.
ATTEST: i
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CITY/ CLERK
e G�/ciC_,
APPROVED:
MICROFILMED
DATE APR 3 1980
REEL
41?� _ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ar COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (Public Low 93-383), AS AMENDED
1. NAME OF APPLICANT
City of Fayetteville
2. APPLICATION GRANT NO.
B-79—UR-05-0001
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3. APPLICANT'S ADDRESS (In Pludr Street, CM:, C01/1111'. Star einc/ Zip Codc9
4. 17111 I. OF APPLICATION
August 21, 1979
P.O. Drawer F
5—DA-11:itto —E-- i --T N
��. UATI.' OF H110 RECEIPT OF APPLICATION
August 23, 1979
Fayetteville, Washington County,
Arkansas 72701
6'
xx Original Funding Approval
Amendment. Amendment No.
All
section references below are to
the Housing and
Community Development Act of 1974, as amended
unless
otherwise indicated.
7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING AC ION
(Check only one;
a, fl Metropolitan Entitlement (Sec. 106)
b.
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Metropolitan -Discretionary (Sec. 106)
c.
d.
J
ri
Non -Metropolitan Entitlement (Sec. 106)
Non•Metropolilan Discretionary (Sec. 106)
e.
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Secretary's Discretionary (Sec 107)
f. itxl
Categorical Program Settlement Grants (Sec. 103(b))
8. AMOUNT
a.
Amount
OF COMMUNITY DEVELOPMENT BLOQ( GRANT FUNDS APPROVED
of CDBG Funds Currently Reserved for this Applicant S 78,000
b.
Amount
of CDBG Funds Now Being Approved for this Applicant S 78,000
c.
Amount
of Reservation to be Cancelled (Line 8a minus 8b1 S —0—
HUD ACCOUNTING USE ONLY
BATCH
TAC
NQFIAMFIAM
Y
A
REG
ARE
DOCUMENT NO
PROJECT NUMBER S
1
5
3
1
7
6
1
7
0
8
2
1 4 9 12 13 1 16 15 23 30 35
CATEGOR
AMOUNT FECTIVEDiTE
F
AMOUNT 2 -
`ACHE NO.
—Ie
I
11[
���-fr
1
IULE
E
4411—TI—II
45 50 54 60 61 65 70 74 79
9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT
a. Giant Amount Budgeted by Locality fm Repayment of Urban Renewal Loans S 0—
b. Grant Amount Withheld for Payment of Principal and Interest on Loans Guaranteed Pursuant to Sec. 108. S —0
c. Grant Amount Deducted by HUD to Settle Outstanding Urban Renewal Loans
(Sec. 112(a)(1)) 5 - —0—
d. Sum of lines 9a, 9b, and 9c 5
e. Amount of Approved CDBG Available tot Disbursement (Line Bb minus 9d) S 78,000
Previous Editions are Obsolete
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AMOUNT OF SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE (Stc.
a. Amount of Surplus U.R. Funds Reserved for this Applicant
b. Amount of Surplus U.R. Funds Now Being Approved
c. Balance of Surplus U.R. Funds Available for Future Use (Line 10a minus ION
112O))
S
$
$
1,578.15
—0—
1 578 15
HUD ACCOUNTING USE ONLY
BATCH
TAC PROGRAMA
Y
REGR
DOCUMNO.
PROJECT NUMBER - $
17s11M1
n=7
21
1
2
9 12 13
14
16 18
23 30 35
CATEGORY
AMOUNT
Ir
1
EFFECTIVE DATE
F
t AMOUNT 2
SCHEDULE NO.
1
I
�
Jo
41
45
50 54 60 61 65 70 74 79
11.
MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED
a.
Applicant's Latest Entitlement Amount —
$ x
3
$ N/A
b.
Grant Amount Required by HUD to be Applied to Urban Renewal Loans
$
c.
Amount of Outstanding Loans (Including Principal and Interest Thereon) Guaranteed
Pursuant to Section 108
$
d.
Amount of Outstanding Loan Guarantee Commitments Approved Pursuant to Section 108
$
e.
Maximum Amount of Loan Guarantee Commitment Available (Line lla minus 11 b, 11c,
and IId)
$
f.
Amount of Loan Guarantee Commitment Now Being Approved
$
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12.
RECIPIENT OF LOAN GUARANTEE (Check Applicable Box) N/A
a ❑ Applicant Identified in Block No. 1
b ❑ Public Agency Designated by Applicant as Grantee to Receive Loan Guarantee (Name and Address)
N/A
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• 13. WSiver of Certain Application Requirements for Section 106 Grants
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❑ The application requirements of Section 104(aX1), (2) and (3) are waived pursuant to Section 104(bX3), except
I as indicated below:
N/A
14, Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities
N/A
❑ HUD has determined that the activities described in the application as supporting community development needs
1 having a particular urgency, as specifically described in the application, are designed to meet such needs.
15. Environmental Review Actions
The Applicant lacks legal capacity to assume environmental responsibilities under Section 104(h). HUD
has prepared and circulated a final Environmental Impact Statement on the application.
(b) K The Applicant has legal capacity to assume environmental responsibilities under Section I04(h) and has
2 submitted requests for release of funds and certifications approved by HUD under Section 104(h)(2) for
all projects which are subject to the environmental review requirements of 24 CFR Part 58 and require
HUD release of funds, except those listed under Item 16(a) hereof.
16. Conditional 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 the 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 payment of reasonable administrative costs related to the planning and execution of projects
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.)
Completion of Water and Sewer Project FISP—AR-06-37-1001
HUD -7082 (8-78)
;,.('h) Sec. 105 (a) (8) public services determined necessary or appropriate for which other Federal assistance may be
available:
N/A
(c) Sec. 105 (a) (2) flood or drainage facilities for which other Federal assistance may be available:
N/A
(d) Any activities within the preceding categories which will be undertaken as a result of program amendments, or
as unspecified local option activities.
Activities affected by failure to comply with applicable HUD regulations or law: (The specific regulation or
law with respect to each activity listed, and the corrective actions required to remove the conditional approval,
arc cited as Special Conditions in Item 18.) -
(e)
N/A
17. Ineligible Activities Reducing Section 106 Grant Entitlement
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NIA
Application for funding of the following proposed activities, determined by I -[UD 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
Total:
HUD -7082 (8-70)
▪ Em ▪ z
m... -vi Speri;d ('undiliuus ,uul tiudificrtions of G,.,ul irgreement
I. General Conditions
The local governing body shall agree by resolution to:
1. Return to HUD any portion of the Categorical Project Settlement Grant
(CPSG) which is found to be in excess of actual needs for completion
of activities previously authorized for assistance in a HUD -approved
funding contract.
2. Abide by such rules and regulations as may be issued from time to time
in order to carry out the intent and objectives of the approved CPSG.
3. ?lake no further requests to HUD for funds for the subject project and
pay any additional costs which may arise as a result of financial
settlement.
4. Not utilize CPSG funds to reimburse the project for expenditures
disallowed by audit findings.
5. Not utilize CPSG funds until all other available resources contained
in the approved grant calculation have been exhausted, including any
remaining local cash grants-in-aid owed to the project.•
II. Special Condition
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This project shall be.completed no later than March 30, 1980.
Check if continued on extra sheet and attach.
The funding approval indicated above for utilization of the assistance provided thereunder in accordance with the approved
application, subject to the requirements of Title 1 of the Housing and Community Development Act of 1974 (P.L.93383), 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
Date:
Secretary of Housing and Urban Development
By:
(Signature).
Deputy Area ;tanager
(Title)
(Date Applicant notified that funding has been authorized'
15 JAN 1980
' 11UU-Ion (3-7a)
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ACCEPTANCE PROVISIONS
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The Grant Agreement, authorized by the Department of Housing and Urban Development on
under the Funding Approval for application/grant number B-79--UR-05-0001
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, regulations
and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided.
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By:
iliatc;re of A pliant/Grantee7
(Signature oj
A
2-(3-bya
„l \'J !z •
rr ='i
T.
•u
orized OfficiaA
(Title)
4- -
t
7
(Date)
HUD -7082 (8-78)
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U. S. DEPART! OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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Upon execution of the Acceptance Provisions of this Grant Agreement,
the Department of Housing and Urban Developmc:it (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. 93-3(33) 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 hereafter in effect. The Grant
Agreement is effective with respect to such assistance as of the date
the acceptance is executed and consists of each Funding Approval and
acceptance hereto attached, together with the HUD approved application
. specified therein, including any Assurances, certifications, maps,
schedules or other submissions made with respect thereto, 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 the Grant Agreement, any term defined in Title I of the Housing and
Community Development Act of 197h or the HUD Community Development Block
• Grant Regulations at 24 CFR Part 570, shall have the same meaning when
used herein.
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2.
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(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 eacli entity designated as a recipient for grant
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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-
• ,nlents 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 USC 1701u), as amended,
the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any
applicable rules and orders of HUD issued thereunder prior to the HUD
authorization of the Funding Approval.
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Tho Grantee 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
in 24 CFR 135.20(b).
. .The Grantee shall provide such copies of 2h 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). ilo 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 witn the requirements for
participation in the national flodd 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(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
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identified by the Secretary as havingspecial 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 ar.•i 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
ib not itself funded with assistance provided under this Agreement.
4. Equal Employment Opportunity:
(a) Activities and contrae'ts nbt subject to Executive Order
11246, as amended. In carrying out the program, the Grantee shall
not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin The Grantee
shall take affirmative action to insure that applicants for employment
are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to, the 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
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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 employ-
ment 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 incorpoiate•such requirements in all
.subcontracts for program work.
(b) Contracts subject to Executive Order 112la6, as amended. Such
contracts 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
nonoxompt contract and subcontract for construction work, or modification
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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
follows:
(1) The contractor will not discriminate against any employee cr
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, pr
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 wi].J., in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that all
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qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representa-
tive of workers with which he has a collective bargaining agreement or
'other contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' representa-
tives of the contractor's commitment under this section and shall post
copies of the notice in conspecuous places available to employees and
applicants for 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 reports
required by Executive Order 112h6 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 112h6 of
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September 2h, 1965, or by rule, regulation, or order of the Secretary
OS 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 25, 1965, so that
.such provisions will be binding upon each' subcontractor or vendor. The
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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
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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,
instrumentality or subdivision of such government which does not
participate in work on or under the contract.'
The Grantee agrees that it will assist and cooperate actively with
the Department and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor;
that it will furnish the Department and the Secretary of Labor such
information as they may require for the supervision of such compliance;
and that it will otherwise assist the Department in the disoharge of its
primary responsibility for securing compliance.
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The Grantee further agrees that it will refrain from entering
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into any contract or contract modification subject to Executive
Order 11246 of September 21,, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to the executive
order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the Department or the Secretary of Labor pursuant to
•Part II, Subpart D of the executive order. In addition, the Grantee
agrees that if it fails or refuses to comply with these undertakings,
the Department 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 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
assistance provided under this.Agreement is subject to the HUD Lead -
Based Paint regulations, 2!, CFR Part 35.. Any grants or loans made by
the Grantee for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the
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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 35.11(f)
thereof.
6. Complia'ce with Air. and Water Acts:
This Agreement is subject to the requirements of the Clean Air
Act, as
amended, lag USC 1857 et seq., the Federal Water Pollution
Control Act,
as amended, 33 USC 1251 et seq. and the regulations of
.the Environmental Protection Agency with respect thereto, at 4.0 CFR Fart
15, as amended from time to time.
In
require
compliance with said regulations, the Grantee shall cause or
to. be inserted'in full in all contracts and subcontracts with
respect to any nonexempt transaction thereunder funded with assistance
provided under this Agreement, the following requirements:
(1) A stipulation by the contractor of subcontractors that any
facility to be utilized in the performance of any nonexempt contract
or subcontract is not listed on the List of Violating Facilities issu„d
by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirera.entc
of section 1111 of the Clean Air Act, as amended, (h2USC 1857c-8) and
section 308 of the Federal Water Pollution Control Act, as amended, (33USC
1318) relating to inspection, monitoring, entry, reports, and information,
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as well as all other requirements specified in said section 11.14 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 cr to'be utilized for the contract is under
consideration to be listed on the FFA List of Violating Facilities.
(11) Agreement by the contractor that he will include or cause
to be included,the criteria and requirements
(11) of this section in every nonexempt
the contractor will take such action a
a means of enforcing such provisions.
in paragraph (1) through
subcontract and requiring that
the Government may direct as
In no event sisall any amount of the assistance provided under this
Agreement be utilized with respect to a facility which has given rise
to a conviction under
section 113(c)(1) of the Clean Air Act or section
309(c) of the Federa]. 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 $2,000 for the
construction, prosecution, completion or repair of any building or work
financed in whole or in part with assistance provided under this Agree -
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ment, shall comply with HUD requirements pertaining; to such contracts
and the applicable requirements of the regulation of the Department
of Labor :under 29 CFR Parts 3 and 5, governing the payment of
wages and"the ratio of apprentices and trrinees 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 obiiration, if any,' torequire
payment of the higher rates. The Grantee shall cause or 'require to be
i.n:>erted in full, in all such contracts subiect to such regulations,
provisions meeting the requirements of 29 CFR 5.5.
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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 Dcnartment
of Labor to receive an award of such contract.
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C. Nondiscrimination tinder Title VI of the Civil Rijdits 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 LUD regulations with respect
thereto including the regulations under 24 CFR Part 1. In the sale, lease
or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Grantee shall cause or require a
covenant running with the land to be inserted in the deed or lease for
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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
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the use or occupancy of such land or any improvements erected or to be
erected thereon, and providing that the Grantee and the United States
are beneficiaries ,,f 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
are necessary to enforce such
covenant and 76.11. not itself so disc inmate.
9. Ob].±'va+ions of Grantee with iresnect to Certain Third Party
Relationship;
The Grantee shall remain fully obligated under the provisions of
the Agreement notwithstanding its designation of any third party o
parties for the undertaking of all or any part of the program with res-
pect to which assistance is being provided under this Agreement to the
Grantee.
Any Grantee which is not the 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
and certifications, including
in accordance with the Applicant's Assurances
those with respect to the assumption of
environmental responsibilities of the Applicant under section 101j(h) of
the Housing and Coro -amity Development Act of 19?a.
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
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