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HomeMy WebLinkAboutR-79-04421J RESOLUTION NO .' 7 9 A,4,,,2,, , ,_ A RESOLUTION AUTHORIZING AND DIRECTING "NTHE CITY MANAGER TO ACCEPT A GRANT FROM THE U. S..DEPARTMENT OF HOUSING AND' URBAN. DEVELOPMENT. (HUD) FOR THE PROPOSED - FIFTH YEAR COMMUNITY DEVELOPMENT PROGRAM DURING" 1980; FURTHER AUTHORIZING ,.�THE.CITY `MANAGER. TO 'EXECUTE•CONTRACTS"SAND AGREEMENTS NECESSARY TO IMPLEMENT" THE COMMUNITY DEVELOPMENT PROGRAM. BE IT RESOLVED BY THE COMMISSION OF THE CITY 0 MIAMI, FLORIDA:: Section`1. The City Manager';be, andis hereby, authorized and directed to accept agrant from the U Department "of Housing and Urban Development (HUD) for" "the proposed Community Development,Program (Fifth Year) during 1979-80. Section. . The City Manager as Chief Administrative Officer for the City of. Miami ,- is "authorized to execute ` t_he contracts and agreements necessary to implement the 1979-80 Community Development program (Fifth Year) PASSED -,AND ADOPTED this 25th.day~of June 1979. ATTEST: CP- RPH ` . ONGIE CI CLERK PREPARED AND APPROVED BY C ROBERT F. CLARK ASSISTANT CITY ATTORNEY Maurice A , Ferre MAURICE A. FERRE MAYOR APP "DOCUMENT ITEM NO. INDEX ,► VED AS TO FORM AND CORRECTNESS: GEOR '' F F. NO CITI ATTORNEY STY COMMISSION-1 MEE lNG OF '.JUN 5 19 arttunun"9.,•,442 • 36 CITY OF f.1IAMI. FI_Oi?It7A Dena Spillman, Director Citizen Services a,,- June 11, ,>:iiEvczs: City Commission Agenda ter June 25;.1979 Attached is a copy of the Grant Agreement for the Fifth year of Community Development ;Block "Grant "funding. In accord with City Commission' s.Resolution ro-a8,pitoisto-its being submitted to the Commission for app execution. This is the standard Grant Agreement, which authorizes"the City to utilize $10,726,000 of Community DevelopmentBlock Grant funds in accord with federal regulations.` 4 4. 2 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT JACKSONVILLE AREA OFFICE PENINSULAR PLAZA 661 RIVERSIDE AVENUE JACKSONVILLE, FLORIDA 32204 June 15, 1979 - 1NJ REPLY, REFER TO1 14.6CM C CsD) ( 7 Mr. Joseph'R. Grassie City Manager City of. Miami Post Office Box 330708 Miami, "Florida 33133 Dear: Mr. Grassie: Subject:; Community Development Block Grant Program Metropolitan Entitlement Funds -'Fiscal Year 1979 Grant No..B-79-MC-12-0013 We are pleased to announce the approval of Your Fiscal Year 1979. application for Community Development Block Grant funds in the amount of $10,726,000. Enclosed are three copies of Form HUD-7082, Funding Approval, under Title I of the Housing and Community Development Act of 1974, as amended, with attached standard contract provisions. Please execute this document, return two copies to this office and retain one copy for your files. A copy of the approved Cost Summary is also enclosed. Upon receipt of the signed HUD-7082, the City's Letter of Credit will be increased by $10,726,000. Indicated under Section 16(a) of the Funding Approval are those projects and/or activities which are approved conditionally pending environmental assessment. Please note that in no event should a request for payment be submitted to obtain funds for activities which have been given conditionalapproval pursuant to`24 CFR 970.311(f) and Section 16(a) of Form HUD-7082 without the express written authorization of HUD. With reference to Project No. T503E, Historical Preservation, in the amount of.$50,000, you are reminded that the property must be recom mended for, or. included in the National Register of Historical Sites prior toexpenditure of funds. The starting date for the City's fifth year program is June 16,.1979. However, funds may; be expended for only those fifth year activities for which there are no conditions. SUPPORTIVE DOCUMENTS FOLLOW" Our approval of your application constitutes approval only of activities scheduled for your 1979 program year and is not to be construed as approval of new or continuing activities to be under- taken in succeeding program years. However, to the extent that no deficiencies are noted'in this letter with respect to activities to be undertaken in future years, you may assume that subsequent applications that conform to the Three -Year Plan will generally be approved. 0f course, subsequent applications that conform to the Plan may nevertheless be disapproved where substantial additional information contained in the subsequent application, or received through monitoring or other sources, indicates that the activities proposed are plainly inappropriate, ineligible, or do not meet other legal requirements. Detailed in Section 18 of the Funding Approval are the specific conditionsupon which HUD is approving the entitlement application. Conditions (a) and (c) relate to actions the City will be required to undertake relative to housing. Condition (b) requires the City to provide proof of firm commitments or availability of funds from matching sources. This action should be completed within 90 days or the funds reprogrammedto other eligible activities. These con- ditions preclude the City, from utilizing the fifth year funds for the activities stated until such time as the conditions for these three areas are resolved. Plan must be revised to exclude from Line 6, Rehabilitation, those With reference to Condition (c), Table III of the Housing Assistance housing units for programs which (1) provide loans to owners to correcthazardous conditions, (2) special assistance for middle - income families, for owners, and (3) rental rehabilitation with criteria to be developed later. In order to be included as goals in a Housing Assistance Plan, any units proposed to be rehabilitated for either owners or renters must be units which are determined by the City to be substandard and upon completion of rehabilitation will meet at a minimum Section 8 Existing Quality Standards pursuant to 24 CFR 882.109, and be occupied by lower -income households. geference 24 CFR 570.306(c)(1)(viy The revised Table III must be submitted by July 16, 1979. In addition, Table I of the Housing Assistance Plan must be revised to include only those units as identified as suitable for rehabilitation that are substandard. as ditiously as ible to trust that thetCity take conditionsnand therequirementssets forth to comply with the co be in this approval letter. Should the Area Offi ao not hesitate pr ovide you with any assistance in this regard, please contact us. Sincerely, ettr H. Rothschild Area Manager Enclosures cc: Mayor Maurice A. Ferre Ms. Dena Spillman UPPOR_FIVGE DOCUMENTS 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 Low 93-383), AS AMENDED I. NAME OF APPLICANT 3, APPLICANT!S ADDRESS (Include Street, City, Caut11y, Stata and 2..1p Cutle)_ Pe 0. Box 330708 Miami,; Dade County,. Florida 33133 2. APPLICATION:GRANT NO. B-79—MC-12-0013 4. DATE OF APPLICATION March 9, 1979. 5. DATE OF HUD RECEIPT' OF APPLICATION t • April 2, 1979: 0( Original Funding Approval 1 'I Amendment. Amendment No; All section references below are to the Housing and Communitv,DevelopmentAct of 1974, as arnended,`unless otherwise indicated. 7.".CATEGORY'OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION (Check only one, a, in Metropolitan Entitlement (Sec. 106) b. ❑:Metropolitan Discretionary (Sec, 106) c, ❑; Non•MetropolitanEntitlement (Sec, 106) d. ❑ Non -Metropolitan Discretionary (Sec. 106) e, ❑ Secretary's Discretionary (Sec. 101) f. ,❑_Categorical Program Settlement Grants (Sec: 103(b)) 8. AMOUNT OF COMMUNITY DEVELOPMENT,BLOC,K GRANT FUNDS APPROVED a. Amount of CDBG Funds Currently Reserved for this Applicant... b.: Amount of CDBG Funds Now Being Approved for this Applicant c. Amount of Reservation to be Cancelled. (Line 8a minus 8b)..... S"10726,000.00 s 10,726,000.00 —0— HUD ACCOUNTINGUSE ONLY DOCUMENT NO 71018121 CATEGORY 3X 41. _,,..-, 4 5 9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT a. Grant Amount Budgeted by Locality tor Repayment of Urban Renewal Loans ..• b. Grant Amount Withheld for Payment of Principal and Interest on Loans Guaranteed Pursuant to Sec. 108 c. Grant Amount Deducted by HUD to Settle Outstanding Urban Renewal Loans (Sec. 112(a)(1)) • • d. Sum of lines 9a, 9b, and 9c . . .... • . • e. Amount of Approved CDBG Available for Disbursement (Line 8b minus 9d) .... S 10,726,000.00 SCHEDULE NO. 79 Previous Editions ore Obsolete s HUD-7082 '(8-78) BLOCK NO. I , Enter the A plicant's name as shown in Item 4 of Standard Fonn 424. Enter the number shown in Item 30 of Standard Form 424 NOTE: If reallocated funds are being made available as a supplement to an existing grant, enter in addition to the reallocated number the existing grant number (i.e., the complete number of the original grant which may be of a different type or from a different year of fund authori• 3, Enter the Applicant's complete address as shown in Item 4 of Standard Form 424. 4. Enter thedate of application, or amendatory shown in ttent 23 of Standard Form 424. 5. Enter the month, day and year that the application`or antedt with was 2received, CFR 570r31 ded that iet application judged to was be complete, and the 75 day,: period' was started inaccordance incomplete, enter the date that the additions which made it complete were received. Complete only when 7a or 7c is checked. 6, Check the appropriate box,_ Check "Original Funding Approval" for the first funding approval form executed under the grant number shown in Block No. 2. Check "Amendment" for subsequent funding approval Corms executed under the same grant' number. Number amendments under the same grant number consecutively, starting with "1." INSTRUCTIONS 7. Check the appropriate box. 8. The amounts entered in this block shall urba pertain renewallfun ds,funds wl which aret�dndted separatelyriated for Bin BlockGrants. No. They shall not . include amounts pertaining to surplus_y i Enter the amount of CDBG funds currently reserved for this Applicant under the grant number shown in. Block No. 2.If.amendntent, enter the amount of CDBG funds which have been reserved since the completion of the previous Funding Approval form. Enter the amount of CDBG funds now being approved for this Applicant. If amendment, enter only the increase (+) or decrease (—) in the amount of CDBG funds approved for use by this Applicant under the grant number shown in Block No. 2. Subtract the amount on line 8b front the amount on line 8a and enter the difference on this line. The amount entered in this block shall pertain only to the distribution of the grant amount approved on line 8b. Enter the amount voluntarily budgeted by the locality for repayment of urban renewal loans. Attach schedule indicating the following for each loan: Project Numbers Amount of CDBG funds budgeted for loan repayment: S Enter the amount to be withheld for payment o,principal liand interest sfor tedue the ntpurcliaserof noted s or other as r obligations guaranteed pursuant to section applicable, result of guarantees made pursuant to section 108. Enter the amount deducted by !IUD pursuant to 24 CIF 570.802 to be used for loans. Attach schedule, indicatingthe following for each loan: Project NutNumber: Amount of CDBG funds to be applied to loan repayment: S Add the amounts on lines 9a, 9b, and 9c• and enter the sum on this line. Subtract the amount on line 9d from the amount on 8b and enter the difference on this line. This is the amount of.:CDBG funds made available by this Funding Approval form for disbursement through the grant payment system (e.g., letter of credit). repayment of urban renewal HUD-7082 (8-78) i 10, (AMOUNT' OF SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE (Stc, 112(b)) 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 l0b).. , .... $ HUD ACCOUNTING USE ONLY BATCH TAC PROGRAM 12 13 REG' AMOUNT 1 41 45 14 AREA 16 DOCUMENT NO. 0 8 2 18 EFFECTIVE DATE 50 54 PROJECT NUMBER 23 30 AMOUNT 2 60 61 65 70 35 SCHEDULE NO. 74 79 11, MAXIMUM AMOUNT OF, LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED Applicant's Latest Entitlement Amount - $ x 3 Grant Amount Required by HUD to be Applied to Urban Renewal Loans Amount of Outstanding Loans (Including Principal and Interest Thereon) Guaranteed Pursuant to Section 108 Amount of Outstanding Loan Guarantee Commitments. Approved Pursuant to Section 108 Maximum Amount of Loan Guarantee Commitment Available (Line lla minus 116, 11c, Amount of Loan Guarantee Commitment Now Being Approved 12, RECIPIENT OF LOAN GUARANTEE (Check Applicable Box) LO Applicant Identified in Block No. 1 . El ' Public Agency Designated by Applicant as Grantee to Receive Loan Guarantee (Name and Address "SUPPORTIVE DOCUMEN1 S FOLLOW" HUD-7062 (8-78) P79-442 10. Complete only if surplus grant funds remained after the financial settlement of urban renewal and/or NDP project(s), and those funds have been reassigned to this Applicant. Reference: 24 CFR 570.801. a. Enter the amount.of surplus U. R. funds reserved for this Applicant, Verify this amount with the Regional Accounting Division. On the first Funding Approval form in which this block is completed, enter the total amount of surplus. U. R. funds reserved for this Applicant via Form I-IUD•718. On subsequent Funding Approval forms, whether original or amendment, enter the balance of surplus U. R. funds available for future use, as shown on line l0c of the previous Funding Approval form, plus any; additional amount of surplus U. R. funds reserved for this Applicant via Form(s) HUD-718. Enter the, amount of surplus U. R. funds now being'approved for use by this Applicant. This amount will be disbursed through the grant payment system being used for CDBG funds (e. g., letter of credit). if a letter of credit is being used to disburse CDBG funds, the same letter of credit will:be used to disburse surplus U. R. funds. 11. Subtract the amount on line10b from the amount on tine:10a and enter the difference on this line. Enter an amount equal to three times_ the Applicant's latest entitlement amount. Enterthe amount of grant funds required by HUD tobe applied to the repayment of urban renewal tem- porary loans pursuant to 24 CFR 570,802. Reference: 24 CFR 570.703(a).; Enter the amount of outstanding loans (including principal and interest thereon) guaranteed pursuant to Enter the amount of outstanding commitments to guarantee loans made pursuant to Section 108 (approved commitrnents minus outstanding loans guaranteed). Subtract the amounts on lines 1 Ib, 11c, and 1 Id from the amount on 1 la and enter the difference on this line. Enter, the amount of the loan guarantee commitment now being approved for this Applicant. NOTE: the amount approved cannot exceed the amount on line 1 le. 12, Check the appropriate box. Enter the name and complete address (Street, City, County, State. and ZIP. Code) of any public agency designated. The public agency must execute' the Acceptance Provision as a party to the grant agreement. 13-18. Complete applicable sections. HUD-7082 (8-78) G1426E ` — G52l.4E - C531E Culmer: C317E:.- 0532 - 0533 C209E 13. Waiver of Certain Application Requirements for Section 106 Grants El The application requirements of Section 104(a)(1), (2) and (3) are waived pursuant to Section 104(bx3), except 1 as indicated below: 14, Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities O 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. EnvironmentalReview 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) - C J The Applicant has legal capacity to assume environmental responsibilities under Section 104(h) and has 2 submitted requests for release of funds and certifications approved by HUD under Section 104(hX2) 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.) A1405E- Allapattah: A1402E — A1400E — A511 — A512. — . . A306E - Housing Rehabilitation Street Improvements (Great Neighborhood #1) Land Acquisition Curtis Park Improvements Mini Park Transportation Program A513E'— Crime Watch Services G521E Coconut Grove: Housing Rehabilitation G523E — Land Acquisition 0310E — Graphic Employment Training Mental Health Clinic Legal Services Overtown Land Acquisition Interim Assistance Housing Revitalization Dorsey —Wheatley —Land Acquisition Economic Development Dr' Tfl! DULUEl C312E — Cultural Arts Program D5140E — Downtown: Little Havana—Lummus Park NSA Relocation D543 - Removal of Slum and Blight D320E — Elderly Services 041114E — Edison/Little River: Housing Rehabilitation EWE - Street Improvements E14141E — Land Acquisition H459E - Little. Havana: NSA#1 Relocation Continued on attached page HUD-7082 (8-78) H561, 8334E H562 .- H222E - H228E - H224E H223E - 11563E H564E Havana: Street Improvements - NSA#1 Latin Community Riverfront Park Street Improvements at Community Center. Cuban Memorial Plaza and Memorial Boulevard Transportation Program Residential Homemakers Service Centro Mater Child Care Center Community Day Care Center Assistance to the Blind. M572E Model City: Housing Rehabilitation M574 _ Land Acquisition M232E _ Tacolcy Recreation Program M233_ E Tenant Education Program W484E Wynwood: Acquisition W240E Senior Citizens Recreational & Transportation; T501 Citywide: Little Havana Fire Station T214E - T502- T350E T351 T503E :, - w485E H456E Building Demolition Dinner Key Island Park Tree Planting Program Removal of Architectural Barriers Historic Preservation Garment Center Miami Riverfront Specialty (b)' Sec. 105 (a) (8) public services determined necessary or appropriate for which other Federal assistance may be available: Allapattah: Transportation Program Crime Watch Services Coconut Grove: Graphic Employment Training, Mental Health Clinic Legal Services Calmer: Economic Development Cultural Arts Program Continued on attached page Sec. 105 (a) (2) flood or drainage facilities for which other Federal assistance may be available:, (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, are citedas Special Conditions in Item 18.) 1.7. Ineligible Activities; Reducing Section 106 Grant Entitlement Application for funding of the following proposed activities, determined by HUD to be ineligible under Title 1 of the Act, is (lisapproved and the Applicant's Sec. 106 grantentitlement has been reduced in the amount .showri below. Proposed Activity. Amount HUD-7 02 (S-7$) (b) Continued Downtown: Elderly Services Little Havana: Transportation Program Residential Homemakers Service Centro Mater Child Care Center Community Day Care Center Assistance to the Blind Modal City: Tacolcy Recreation Program Tenant Education Program Wynwood: Senior Citizen Recreation and Transportation 18. Special Conditions and Modifications of Grant Agreement (a) Notwithstanding any other provision of the Grant Agreement, the grant approval is conditioned subject to the requirement that, within 60 days after publi- cation for effect of HUD regulations implementing the 1978 amendment to the "expected -to -reside" provisions of Section 104(a) of the Housing and Community Development Act of 1974, as amended, the grantee shall submit any amendments to its Housing 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 obligations or expenditures by the grantee 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 1570.910(b)(10) of the regulations; and to reduce the Fiscal Year 1980 grant pursuant to 1570.911 by the -amount of Fiscal Year 1979 funds expended. (b) Activities listed below are conditioned until proof of firm commitments or avail- ability of funds from„matching sources listed in the Project Summaries is provided. TheSiefUndeihOuldbe reprogrammed ifmatching funds are not made available in tithe:;t0Alleet:the City!irschedUle for completion of each activity. Culmer -Interim Assistance . $1,000,000 Little Havana Cuban Memorial Plaza and. Memorial Boulevard 80,000 Citywide - Dinner Key Island Park 400,000 (c) The City must submit a revised. Table III to the Housing Assistance Plan by July 16, 1979 that meets the requirements of 24 CFR 570.306(c)(1)(vi) pertaining to housing units included in the goals for rehabilitation to owners and renters. The programs that do not meet these requirements to be included in the goals include Check if continued on extra sheet and attach. 414 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 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 on3Ufl 16, 1979 / 4 7, _ is Date: Secretary of Housing and Urban Development ;Date Applicant notified that funding has been authorized. "SUPPORTIVE DOCUMENTS FOLLOW" (Signature) ea Manager (Title) ilIN ' 5 1979 ' HUD-7082 (8-78) City of. Miami,; Florida Grant No.B-79-MC-12-0d13. HUD-7082: Section 18 (c) Continued (1) providing loans to owners to correct hazardous conditions, (2) special assistance for middle -income families, for owners, and (3) rental rehabilitation underthe Community Development Block Grant for which criteria are to be developed later. It will also be necessary for a revised Table I to be submitted by July 16, 1979 that includes only units proposed for rehabilitation which are determined to be substandard in accordance with 21.E CFR 570.306(c)(1)(vi). i 1111IIIiIIUII U IIMMI ACCEPTANCE PROVISIONS The Grant Agreement, authorized by the Department of Housing and Urban Development on June 15. 1979 under the Funding Approval for application/grant number B-79—MC-12-0013 is hereby accepted by the Applicant as Grantee under the Agreement; and the Applicant/Grantee agrees to comply, and tc accept responsibility for compliance by any public agency designated as Grantee to receive loan guarantee assistance and b) any public orprivate nonprofit entity, local development corporation, or small business investment corporation carryinf out grant activity on behalf of the applicant, with the terms and conditions of the Agreement, applicable law, regulation: and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. City of Miami, Florida (Name of Applicant/Grantee) (Signature of Authorized Official) IMIT • i. i �q'P+�1'� > d' 11g.“ a'iO`/SI? AND URBAN DEVILCP GRANT AORSEHENT Dinzzanon F rOCC. GRANT PROGRAM Upon egetctAtiora ui the i:r.;;aluz nce rr.vioione of this Grant Agreement, the Deplart.lu rt F:cts.e:ir.q dad Urbon Development (HUD) agrees to pro- vide to 5e n O ;•pact sm 1:4•sa iks ara�7. auuiotance under Title I of the Hone.+-0.3 and t err+ r.�.ti:y �;. Allopai.sn't Act of 1974 (P.Z. 937.383) authorised the Purloin; "P.447.ittivsl .:.ar.-ati Ied therein, subject to the terns and ondi tiNla as .i i3 C rraxat iltrA 3axrnt, cpplioable law, regulations and all other r st.i''reamers o JI xaoar or hereafter in effect. The 0rant re@&Kwt is Plrec:ti:,•.. lei recpset to such assistance as of the data the ri.^,c4+pttZSCIAt4Ki end' caasists of each Furling Approval and aeevptatree itiyrtito y;; µe,c:read, t,ogether with the HUD approved application inc r, nay Assurances, certifications, naps, schedule, or other ainI tic:do.i1Xce 10::de with respect thereto, the HUD Cosw'n ty Devolcgi n ttoWg: rirant Regulations at 24 CPR Part 570 and the following aanerel Nava trod Conditions' Definitions* Zacier, t to the extent modified or supplemented by the Grunt Agrdscant, enty tune defined in Title I of the Housing and Cos aani ty Nve:.ope. r:i: Act, of 1974 or they FWD Community Development Block Grant Regulations at 24 CrZl tart. 574, shall have the sans 'waning when used herein. `rUPOTIVF --DOCUMENTS 4fl Agreement Means this Grant Agreement, se d0 and aaendmente or supplements thereto. Applicant means the entity designated as such`in tie Minding £pproval. (c) Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions se Grantee under the Agreement. (d) Aseurancea, when capitalised, weans 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 p. gram, project, or other activities, including the administration thereof, with respect to which assistance ie being provided under this Agreement. 2. "Section 3" Compliance in the Provision of TrainimL limloYmsnt fnd Huainan. Opportynitiesi 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 HOD regulations issued pursuant thereto at 24 CFR Part 135, and arp applicable rules and orders of HUD issued thereunder prior to the HOD authorisation of the Funding Approval. a 1 1 The Grantee shell cause or require to be inserted in full in all contracte and subcontracts forwork financed in whole or in part with assistance provided under this Agreement, the eection 3 clause set forth in 24 CFR 135.20(b). The Grantee shall provide such'copies .of 24 CFR Part 135 se nay be necessary for the information of parties to contracts required to contain the eection 3 clause. • Flood Disaster Protection: This Agreement is subject to tho requiroMente of the Flood Disaster` protection Act of 1973 (P.L. 93-234)• No portion of the assistance provided under this Agreement approved for acquisition or construction purpoeee ae defined, under, section 3(a) of said Act, for use in an area identified by the Secretary ae having special flood hazards which is located in`a community notthen in compliance with the requirements for participationin`the`national flood insurance program pursuant to eection 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,irnproved with assistance provided under this Agreement shall contain, if such land is located in an area "SUPPORTIVE DOCUMENTS FOLLOW" identified by the Secretory a►e having special flood hazards .and t which the sale of flood insurance has been made available under the National Flood Inuurance Act of 1968, as amended, 42 U.S.C. 11001 et seq., provisions obligating the transferee and its successors or assigns, to obtain and.maintain, during the ownership of such land, ouch flood jnsurince as. required with respect to financial assistance for acquisition or construction purposes under section 102(a) of the Flood _Dierar,ter c rotec Lion Act of: 1973 Such provisions shall be required -notwithstanding the fact that the construction on such land is not itself funded uith assistance provided under this agreement. 4: 1 ^_: c:�na„ r_,_„� e.alla_i-s (a) Activitio and. contracts not subject to Executive Order 11246. as amended. In carrying out the program, the Grantee shall not discriminate against agy employee or applicant for employment because of race, color', religion, sex, or national origin. The Grantee shall take affirmative action to inetra that applicants for employment are employed, and -that employees are treated during employment, without regard to their rnco, color, religion, sex, or national origin. Such action shall irciud• upgrading, demotion, but not belimited to, the following: employment, 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 MM MM s post in conspicuous places, available to employees and applicants for employment, notices 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 programwork, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate ouch 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 CFR Part 130 applicable to HUD aseiated construction contracte. The Grantee shall cause or require to be inserted in full in any nonexempt contract and eubcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with aeeistance provided under this Agreement, the following equal opportunity clauses During the performance of this contract, the contractor agrees as follows s (1) The contractor will not discriminate against, any employee or applicant for employment because of race, color, religion, sex,or national origin. The contractor will take affirmative action to ensure`` ((i �OLLO1N/r� • that applicants ' employment, without regard to their race, color, religion, sex, al on in. Stich`action shall include, but not be limited to, nation g recruiter the followings EmploYment, upgrading, demotion, or, transfer, tor recruitment advertising; layoff or termination; rates of pal men naation, and selection for training, including or other forms of comps apP renticeehip• The contractor agrees to post in conspicuous places, available to employees and'applicants for: employment, notices to be' provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements ( for employees placedby or on behalf of the contractor, state that all qualltied 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 a notice'to be provided by the Contract are employed, and that employees are treated during other contract or understanding 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 conepecuoua:places available to employees and applicants for employment. provisions of Executive regulations, and. — relevant orders of the Secretary of Labor. (5) required by Executive Order 112146 of September 214, 1965, .`and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his booke,.records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. The contractor will furnish all information and repo (6) In the event of the contractor's noncompliance with the non diecrimination` caausee of this contract or:with any of such rules, regulations, or orders, this contract' nay- be canceled, terminated 'or suspe•nded in whole 'or -in -part part and the contractor may be declared in • eligible for•further Government .contracts or federel.ly assisted construe Lion `contract procures authorized, i`n Execution Order l] 246 of September 214, 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 •inanediately preceding paragraph:(1) and the provisions of`paragraph:, (1) through (7) in every subcontract or purchase order unless exeinp,tedi • by, rules,, regulations, or orders of the Secretary of LabGr iss+�e�i (nirfnjaxit, to section 20L of Executive Order 112146 September 5, so that such provisions will be binding upon each subcontractor or vendor. The "SUPPORTIVE 0C il/I SET - Li v contractor will take such action.with-respect to any subcontract "or purchase. order. asep the Dartment many direct as a means of enforcing ouch provieinnip 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 works Provided, that if the Grantee so participating is a. State or local government, the above equal opportunity clause le not applicable to any agency, instrumentality or:aubdivioion of ouch goverrunent which doge 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 mayrequire for the supervision of such compliance; and that it will otherwise assist primary responsibility for securing compliance. the Department in the discharge of its The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 2h, 1965, with a contractor debarred from, or who has not, demonstrated eligibility for, Government contracts andfederally 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 uponcontractors and subcontractors .by the Deportment or the Secretary` of Labor pursuant to Part II, Subpart 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 refrain from extending any further assistance to the Grantee under the program with respect to which the failure orrefusal occured until satis— factory assurance of future compliance has been received from such Grantee; and refer the case to the Departrnent of Justice for appropriate legal proceedings; part the grant or loan guarantee; 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 Grantec for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the,', "SUPPORTIVE DOCUMENTS FOLLOW" f 'section 114 of the Clean 10. provieioans for the elimination of lead -base paint hazards under sub part 8 of said regulations, and the Grantee shall be responsible for the inspections and certifications required under. section 35.14(f) thereof. Ac 6 Compliance'with Air and Water Acts: . This Agreement is subject to the requirements of the Clean Air t, as amended, 142 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 40 CFR Part. 15, as amended from time to time. In ;compliance % rith said:' regulations, the Grantees. .hall` cause or require to be inserted in full in all contract;; and Subcontracts with respect to any nonexempt transaction thereunder funded with assistance Provided (1) facility under this Agreement, the following requirements: A stipulation by the contractor, of subcontractors that any_. be utilized in the performance of any nonexempt contract or: subcontract is not liste4on 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 Air Act, as <amended, (4/41rX 1457c requ i rements 8) ;anti section 308 of the Federal Water Pollution Control Act, :,a amended, (i3USC 1318) relating to inspection, monitoring, entry, reports, and information, 11 as well as .ail other rt�cuir Manta specified in said section 11L and section 308, r'std :11 r,gtalatiohs 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 tho Director., Office of Federal: Activities, EPA, indicating. that a facilitiy or to be utilized for the contract ie under consideration to be listed on the WA List of Violating Facilities. (14) Agreer►en ry the contractor that he will include or cause to be included the c ri.tor i a and requirements. in paragraph (1) through (L) of this 'section th ever:7 nonexorrpt subcontract and requiring that the contractor rri11 take" each action as the Government may direct ae a means of enforclng such provisions,. In no Cvant .�ha.l1 t�rl;+' orncunt, of the assistance provided under this:" Agreement be utilized ,•rith "raapect to a facilitywhich has given • rise to" a convictiOn"under 'ection"713(c)(1) Of.---ther, Clean `Air Act or section 309(c) of the Federal Water Pollution Control Act. 7. Federal I.,Lbor_St '.d`xrd.... 5 Provisions: Except ";rith respect to the rehabilitation of residential property designed for residential uho for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for tt'ia construction, prosecution, co:npietion or repair of any building or work financed in whole or in partwith assistance provided under thisAgree "SUPPORTIVE DOr' t�_ ,_,J u L- . FOLLOW" 12. anent, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Deportment of Labor under 29 CFR Parts 3 and 5 , governing the payment of gages and the ratio of apprentices and trainees to journey ens 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. • 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 of Labor to receive an regulations of the Department award of such contract. 8.`'Nondiscrimination Under Title VI of the Civil Rights Act of 1954 This Agreement': is subject to the requirements of Title VI of the Civil Rights Act of.196l4 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other provided under this covenant rennin transfer of land acquired, cleared or improved with assistance Agreement, the Grantee shall cause or require a with the land to' be inserted in the deed or lease for 1). such f.ransi'er, prohibiting discriminationupon the basis of race, color, religion, :;ex, or national ri r i n," in the sale, lease or rental, or in ents erected or to be the use -or occupancy .of ;such Land or any.,improvem erected thereon and providing that the Grantee and. the United States of and entitled to enforce such covenant. The Grantee, are .beneficiaries in ;undertaking 1t,,s,obligation in carrying out: the under, agrees to .take such mearrures as,are necess covenant and wi11"not itself so discriminate. program assisted here- to enforce such 9 Obb1iYa� loge o��, f Grantee with Respect to •Certain Third Party • }iee1at:inna st The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its dosi.gnation of any third party or parties for the undertaking of all or any part of the program with res- pect to which`wwsiHtanCe 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 towhich aesiatonceis being provided under. this Agreement to the Grantee is ,carried out in accordance with the:Applicant's Assurances with respect to the assumption of and "certifications,.including those environmental responsibilities of the Applicant under section 1.04(h) of the Housing and Community Development Act of ;1974. .'.-Interest of Certtiin`Federal Officials: No member of. or Dolegate'to the Congress of the United States, no Resident Commissioner, shall be admitted to any share or Part of PP `NINE ■ ■ 4 41 .:. this Agreement or to any benefitto arise from the same. 11. Interest of Members, Officers or Employees of Grantee, Members of Local Governing BodY, 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- 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 connection with the program 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. 1.. 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 MUD apprrval of the application for such assistance, or MID 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 Community Development Act of`1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, • consultant, managerial or other such services, other than actual.` solicitation, are not hereby prohibited if otherwise eligibleas program costa.'