D2066 White --city Clerk CITY O F SAINT PA U L
Pink — FiAance Dept.
Cedary— Dept.
OFFICE OF THE MAYOR
No:
ADMINISTRATIVE ORDER ORDER MAY 2 3 16
Date:
•
ADMINISTRATIVE ORDER,
WHEREAS, the City of Saint Paul is an applicant for certain
funds to be forwarded it under the provisions of Title I of the
Housing and Community Development Act of 1974 (Public Law 93-383) ;
and
WHEREAS, approval of the application has been demonstrated
through the execution of a contract on May 7, 1975 by the Secretary
of Housing and Urban Development for the allowance to the City of
Saint Paul as applicant of Community Development Block Grant Funds
totaling Eighteen Million Eight Hundred Thirty-Five Thousand
($18,835, 000.00) Dollars;
NOW, THEREFORE, the proper city officers of the City of Saint
Paul are directed to accept the allowance as grantee, to execute
the agreement as such recipient, and to receive the funds reserved
for it, such amount of $18,835, 000.00 to be deposited in that
certain Trust Fund designated as No. 50400, and disbursements
thereafter to be made in accordance with the city commitments as
previously authorized under the law and further acknowledged in
the agreement that constitutes the funding approval under Title I
of the Housing and Community Development Act of 1974.
TIfOMAS J,/K9MEY, C ' Administrator
APPR AS TO FORM Approv for funding:
Assistant City Attorney ROGE A. MATTS� 1 lead
erector,
Finance & Management Services Dept.
Date
Administrate Ass stant Mayor
rr•= U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (Public Law 93-383)
�. NAME OF APPLICANT 2. APPLICATION/GRANT NO.
Ci-y of St. Paul B-75-MC-27-0007
3.APPLICANT'S ADDRESS(Include Street. City, County, Stets and Zip Code) 4. DATE OF APPLICATION
City Hall February 1975
St. Paul, Ramsey County S. DATE OF MUD RECEIPT OF APPLICATION
Minnesota - 55101
March 31, 1975
a
C3 Original Funding Approval
p Amendment.Amendment No.
All section references below are to the Housing and Community Development Act of 1914 unless otherwise indicated.
7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION
(Cheep only one)
a.X1 Metropolitan Entitlement(Sec.106)
b.M metropolitan Discretionary(Sec. 106)
(1) , SMSA,State of
(S,WSA Name)
c.n Ncn-Metropolitan Entitlement(Sec. 106)
d.0 Non-Metropolitan Discretionary(Sec. 106)
e.Q Secretary's Discretionary(Sec.107)
f.f l Urgent Needs Fund(Sec. 103(b))
AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED
a. Amount of CD3G Funds Currently Reserved for this Applicant. . . . .. .. . . . . . . . . ... . . .... . ... $ 18 ,835,000
b. A(nount of CDBG Funds Now Being Approved for this Applicant . . . ... . . ... . . . .. ... ..... ... $ 18,835,000
c. Amount of Reservation to be Cancelled(Line Sa minus 8b). . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . $ —0
HUD ACCOUNTING USE ONLY
BATC-H tl �i AC pR Y A REG ARE OOCUM£NTN PROJECT NUMBER �- 5
1 5j3
Iffl j6 7 0 8 2
t 4 9 t2 13 14 f6 18 23 30 35 .
ICATQ.GaR. AMOUNT 1 EFFECTfVEDATE F AMOUNT 2 SCHEOULENO.
TTI - 111111111 11
36 41 45 50 54 60 61 65 70 74 79
9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT
a. Amount of Advance Approved by Authorization dated March 13, .1.975. , , ,,,,, ... . .. $ J, 8 7 2,050
I
b. Grant Amount Reserved for Guarantee of Loans for Acquisition of Property(Sec. 108(b)). . . ...... . . $
c. Grant Amount Reserved to Settle Outstanding Urban Renewal Loans(Sec. 112(a)). I
Attach schedule in accordance with instructions. . . . . . . . . .. ...... . . . . .` . . . . . .. ... .. $ j
d. Sum of lines 9a,9b,and 9c. . .. . . . . . . . . . . . .. . . .. . . . . . . .. .. . .. . ;.... .. ........ . $ 1 . R 7 2 _05-0
e. Amount of Approved CDBG Available for Digbursement(Line 8b minus 9d) . . . . : . . .. . . . . . $ 16, 962 .95r,
HUO-7c82(1-79)
X
:LMOUNT OF SURPLUS UR3AN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE(Sec. 112(b))
a.
A---cwt sf&.,rp;us U.R. Funds Reserved for this Applicant . . . . . . . . . . . . . . . . . . . . . . . .. . . . .S -
b. A=�n:nt of SCplus U.R. Furids Now Being Approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
C. Balance of Surphs U.R. Funds Available for Future Use(Line 10a minus 10b) . . . . . . . . . . . . . . .$
HUD ACCOUNTING USE ONLY
3ATQi TAC PR Y A REG %CL#4M4T D PROJECT NUMBER - 5
7 TMI I I I
Y 4 9 12 13 14 10 18 23 30 35
AMOUNT 1 FECTINH pq F AMOUNT 2 SCHEDULE NO.
35 47 45 SO 54 00 67 55 70 74 7g
Ii. RECIPIENTS OF APPROVED GRANT AMOUNTS
APPROVED COMMUNITY APPROVED SURPLUS
IDENTIFICATION OF RECIPIENTS DEVELOPMENT URBAN RENEWAL FUNDS
BLOCK GRANT
(3)
i -
a. Applicint !d�ntif ied in Block No. 1 g 18 ,83 5,000
$
b. !carne and Addrew cf Recipient Other Than Applicant
ancrude St.^ser.City, Countq. State and Zip Code)
S S
C- Total $ 18,835,000 g
12. —*MOUNT OF LOAN GUARANTEE NOW BEING APPROVED(Sec. 108(b)) s
13. RECI?rcYT OF LOAN GUARANTEE
(Cbeo➢r Oni7 one)
a. A;;1icz:-t Icent.fied iz Block No. 1
b. 'P-cipient Ot:`er Than Applicant(Name and Addrex J
3
14. Waiver of Certain Application Requirements for Section 106 Grants
• / / The application requirements of Section 104(a)(1), (2) and -(3) are
waived pursuant to Sec. 104(b)(3), except as indicated below:
15. Determination Regarding Priorities or Needs to be Met by Proposed Activities
(a) IN The Applicant has certified to the satisfaction of HUD that its
Community Development Program has been developed so as to give
maximum feasible priority to activities which will benefit low or
moderate- income families or aid in the prevention or elimination
of slums or blight.
(b) / / The Applicant has certified and HUD has determined that the activi-
ties described in the application meet other community development
needs having a particular urgency as specifically described in the
application.
16. Environmental Review Actions
(a) / / The Applicant lacks legal capacity to assume environmental respon-
sibilities under Sec. 104(h). HUD has prepared and circulated a
final Environmental Impact Statement on the application.
(b) _ The Applicant has legal capacity to assume environmental responsi-
bilities under Sec. 104(h) and has submitted requests for release
of funds and certifications approved by HUD under Section 104(h)(2)
for all projects except those listed under Item 17(a) hereof and
the following exempt projects:
Planning and management activities $873,000
Citizen participation pertaining to
planning and managment activities $370, 000
Contingencies $859,669
17. Conditional Approvals on Use of Funds
IX/ Utilization by the Grantee of the approved funds for the projects,
services and facilities shown below is prohibited without the further
express written authorization of HUD.
(a) Projects requiring HUD environmental approval under Section
104(h)(2): .,
Projects Amount
Acquisition of Real Property :'... $3,653,181
Public W " ! '
• orks, Facilities, Site" 3,741,712
Improvements j
HUD-7082 (1-75)
Code Enforcement $1,301,349
Clearance, Demolition, Rehab 2.049 ,530 4
• Rehab Loan and Grants 1,458 ,852
Disposition 60, 000
Provision of Public Services 536, 358
Relocation Payments and Assistance 2,05 10, 550
• Planning and Management Development 387, 850
Administration 455, 000
Model Cities 1,328 , 949
17 , 032, 331*
*Includes $350, 000
Program Income
(b) Section 105(a)(8) public services determined necessary or
appropriate for which other Federal assistance may be available:
Services Amount
Rodent Control 501000
(c) Section 105(a)(2) flood or drainage facilities for which other
Federal assistance may belavailable:
Facilities Amount
18. Ineligible Activities Reducing Section 106 Grant Entitlement
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 section 106 grant entitlement has
been reduced in the amount shown below:
Proposed Activity Amount
{
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i
i
.0-7082 (1-75) _ `
5
19. Grant or Loan Guarantee Recipient Other than Applicant
The grant and/or loan guarantee approved for any recipient other than
the Applicant, as shown in Items ll.b. and/or 13.b. , is for the
following projects or activities: t
Name of Recipient Project or Activity Amount
20. Special Conditions and Modifications of Grant Agreement
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 require-
ments of Title I of the Housing and Community Development Act of 1974
(P.L. 93-383) and the Department of Housing and Urban Developments rules and
regulations; and the execution of a 'Grant Agreement in accordance therewith, is
hereby authorized.
Date: S' � Secretary of Housing and Urban Development
By. -
(Signature)
Area Director
(Title)
Date Applicant notified that funding has been authorized: " ?
• `- _I ..
HUD-7082 (1-75)
6
ACCEPTANCE PROVISIONS
The Grant Agreement, authorized by the Department of Housing and Urban
Development on May 9, 1975 under the Funding Approval for appli-
cation/grant no.B-75-MC-27-000 is hereby accepted by the Applicant as
Grantee under the Agreement and the Grantee agrees to comply with the terms
and conditions of the Agreement, applicable law, regulations and all
requirements of HLTD, now or hereafter in effect, pertaining to the assist-
ance provided.
City of Saint Paul
(N licant/Grantee)
• By:
(Signature of Authorized Official)
Title: Mayor of Saint Paul Date: May 21", 1975
i
r ,
HUD-7082 (1-75) .
(ALTERNATE) 6
ACCEPTANCE PROVISIONS
(Use only if paragraph A applies)
The Grant Agreement authorized by the Department of Housing and Urban -
Development on , under the Funding Approval for applica-
tion/grant no. is hereby accepted by the parties in the
capacities indicated below.
(The Applicant must complete and sign Sec. A if any party who is not the
Applicant is required to sign Sec. B)
A. The acceptance of the Agreement under Sec. B below by any party
other than the Applicant is due to the legal incapacity of the
Applicant concurred in by HUD, to enter into the Agreement with
respect to the (grant) (loan guarantee) being provided thereunder
to such party. The Applicant hereby consents to the provision of
the (grant) (loan guarantee) to such party as Grantee, designated
by the Applicant to undertake the program, or that portion thereof,
for which such (grant) (loan guarantee) is authorized by HUD, and
accepts responsibility in assuring that the party will comply with
the requirements of the Agreement and all Assurances of the Applicant
regarding compliance with post application requirements.
Name of Applicants
By:
Title: Date:
(Each entity designated as a recipient for grant or loan guarantee
assistance in the Funding Approval, including the Applicant if so
designated, must complete and sign Sec. B)
B. The Grantee designated below agrees to comply 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, and hereby accepts the Agreement as Grantee
thereunder.
1. Name: / / Grant
Loan Guarantee
By:
(Signature of Authorized Official)
Title: Date.
i
� I
HUD-7082 (1-75)
2. Name: / / Grant
i-1 Loan Guarantee
By'
(Signature of Authorized Official)
Title: Date:
032 (1-75)
U.S.GOVERMMM PRINTIMS G'fFICZ:1915-6%-1G5/9SI
{
• U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
COMMUNITY DEVELOPMENT 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 1971 (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 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 1974 or the HUD Community Development Block
Grant Regulations at 24 CFR Part 570, shall have the same meaning when
used herein.
•
1
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.
(f) Program means the community development program, project, or
other activities, including the administration thereof, with respect to 4
which assistance is being provided under this Agreement. ".
2. "Section 31' 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.
F.
Far 71IMT
u�N
r
3-
• The 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)
'lhe 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
pu.-mposes 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 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 laud acquired, cleared or improved with assistance provided under
this Agreement shall contain, if such land is located in an area
•
4.
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
Flood Disaster Protection Act of 1973. Such provisions shall be
required notwithstanding the fact that the construction on such
is not itself funded with assistance provided under this Agreement .
4. Equal Employment Opportunity:
(a) Activities and contracts nbt subject to Executive Order
11246, as -amended. In carrying out the program, the Grantee shall
not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Grantee
shall take affirmative action to insure that applicants for employment
are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to, the 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
5•
ipost in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Government setting forth the
vrovisions 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 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 regula-
tions at 24 M. Part 130 applicable to HUD assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any
nonexen,pt 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
follows: -
(?) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
•
6.
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. Such action shall include, but nct 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 pest in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representa-
tive of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' representa-
tives of the contractor's commitment under this section and shall post
copies of the notice in conspecuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and
f
releva.-;� orders of the Secretary of Labor.
•
; ) The contractor will furnish all information and reports
re_: _red by Executive Order 11245 of September 24, 1965, and by the
rez-slations, and orders of the Secretary of Labor, or pursuant
t' ere-z;c . and will permit access to his books, records, and accounts by
t^e Department and the Secretary of Labor for purposes of investigation
tc ascer.ain compliance with such rules, regulations, and orders.
Tn 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 constrac-
ticn cont-act procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary y
cf Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence
i-jseci;ately preceding paragraph (1) and the provisions of paragraphs
('_) th-"o'a:,h (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 201 of Executive Order 11246 of September 25, 1965, so that
such pro T siors will be binding upon each subcontractor or vendor. The
•
p. .
S.
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 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 discharge of its
primary responsibility for securing compliance.
I .
9-
i
The Grantee further agrees that it will refrain from entering
c
into any contract or contract modification subject to Executive
Order 11216 of September 2L, 1965, with a contractor debarred from, I
or who has not demonstrated eligibility for, Government contracts I
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, 24 CFR Part 35. Any grants or loans made by
the Grantee for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the 4
I
ter.
- prov:�8ions fer the elimination of lead-base paint hazards under sub •
part B ',qf said regulations, and the Grantee shall be responsible for
the inspections"and certifications required under section_35.14(f)
therecr .
s b._ .2 e with Air and `
Water Acts:. �
Agreement is subject to the requirements of :th'a Clean Air
,Act, :ap mended, 42.USC 1,8S7 et seq., the Federal T�ai�er Pollution
<; ,.:
Control pct, as ,amended., 33 USC 1251 et seq : .and the regulations of
the En jdronment4 Protection Agency with re :. .{ r.
Y, spent UL *tn, fat •40 CFR P-Aft
_ .W -,kmended;,fJQm tame to time.
f In. aoInPliancis- with said regulations the Grantee.} X {
h� cause or
a recz3reo>be? inserted in full in all contract aid szrbcontacts with
r -
respect to arty nonexempt transaction thereunder ftirided .with assistance
provided under this Agreement, the followin
rY = g requireferits_^:.
st#. lation by the contractor of; s bcontractors that any
fact tj' to be'�u�,3lized in the perform4nce of` an non �npt contract
r Y, qx
{ar subcOutract'±S:I not listed on the List of-Vi dlating II?ac Iit .es issued
,.
=by t _-n•t�-al- Protection Agency .(EPA) p= t tt o
-4a1••
CFsR.
15.20.
8F
?"eg.the contractor to compl3,'wih all tie` requirements
'. -
&"CO` the Clean Air Act as Iame A
nde (4?U t, 1857c-8) and
the Federal Water Pollution Cantxol Act; assamended
z 3 = y , (33USC
-7 • to ;nepectian marito a
ring, ntry,� reports',Viand'information, x
as well as all other requirements specified in said section 1-14 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 A
that a facility utilized or to be utilized for the contract is under _
t
consideration to be listed on the EPA List of Violating Faci];ities. ,
(4) Agreement by the contractor that he will include or cause r .•
to be included the criteria and requirements in paragraph (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
i .
Agreement be utilized with respect to a facility which has given rise
v � x
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 residentzial`prcoerty =T
designed for residential use for less than eight, families, the GftRjee � .
1.w ,i i•
and all contractors engaged under contracts in excess of $2.,000 for ter':
i;3" '�_
construction, prosecution, completion or repair of arm building or ;work-
financed in whole or in part with assistance provided-under this Agree- -",
12.
went, shall comply with HUD requirements pertaining to such contracts
and the applicable requirements of the regulations of the Department
of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of
wages and the ratio of apprentices and trainees to journeymen:
Provided, that if wage rates higher than those required under such
regulations are imposed by state or local law, nothing hereunder is
intended to relieve the Grantee of its obligation, if any, to require
payment of the higher rates. The Grantee shall cause or require to be
inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of 29 CFR 5.5 and, for such con-
tracts 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 arjy 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 1961
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 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
13.
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 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 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 in accordance with the Applicant's Assurances
ar certifications, including those with respect to the assumption of
en--'-onnental responsibilities of the Applicant under section 104(h) of
the r_. -ing 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
•
14
Y this Agreement or to any benefit to arise from the same.
"ll. Interest of Members, Officers, or Employees of Grantee,
Members of Local Governing Body, or Other Public Officials:
>L
No member, officer, or employee of the Grantee, or its designees
OT' agents=, no member of the governing body of the locality in which
the Program is situated, and no other public official of such locality
-or localities who exercises any functions or responsibilities with res-
pect. to the program during his tenure or for one year thereafter, shall
hake any interest, direct or indirect, in any contract or subcontract,
or the proceeds thereof, for work to be performed in connection with the
pragram assisted under the Agreement. The Grantee shall incorporate, or
cause to incorporated, in all such contracts or subcontracts a provision
`Tmhi$iting such interest pursuant to the purposes of this section.
t r 'l2. Prohibition Against Payments of Bonus or Commission:
"4 The assistance provided under this Agreement shall not be used in
R the�pe3 ezt of any.bqnus or .commission for the purpose of obtaining HUD
Appru-val of the application for such assistance, or HUD approval of
applications for additional assistance, or any other approval or con-
C -rsnce 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,
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t i , ...
15. _
consultant tmana' iial or- other such services other .than actual
solicitation, are not-.'hereby prohibited if otheinise eligible as ,
program costs. ; .
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