GRANT PROGRAM AGREEMENT
REGION IV
Pershing Point Piaza
1371 Peachtree Street, N.E.
Atlanta, Georgia 30309
October 30, 1978
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,1: N REPLY REFER TO:
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DEPIRTMENT OF HOUSING AND URBAN
AREA OFFICE
PENINSULAR PLAZA
661 RIVERSIDE AVENUE
JACKSONVillE, FLORIDA 32204
Mr. Anthony L. Shoemaker
Ci ty Manager
Post Office Box 4748
Clearwater, Florida 33518
Dear_Mr. Shoemaker:
Subject: Community Development Block Grant Program
Grant No. B-78-MC-12-0002
Removal of Grant Conditions-Environmental
The environmental review procedures have now been completed
on your request of October 9, 1978, for the release of funds
for the subject grant. The Notice of Removal of Grant
Conditions, Form HUD-7015.16, is enclosed for your files.
If this office can be of assistance at any time, please let
us know.
Everett H. Rothschild
Area Manager
Enclosure
cc:
Mr. Don Jass
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C I T Y
OF
CLEARWATER
POST OFFICE BOX 4748
C LEA R W AT E R . F LO RID A 3 3 5 1 B
Octobttr 9, 1973
"'RECEiVED
'SEt- 12 1979
Hr. R.. W. iiaakirk, Area Director
D:: :ll'lrt'!t~::: of Hou..,ir" ond Urban Developra~nt
Area Officu. Peniaaular Plaza
661 Riverside Avenue
Jaeksouv1l1e, Florida 32204
I..ERK ·
CITX_~ _ '
Dear Mr. Buskirk:
Subjec~: ColRunity De....lopment Block Grant Prtl'~rl!Pi
!tetropolltan E1ld.tl~t Fwlds - r'f -;;
Crant B-7S-MC-12-OO02
Tbe original and ODe copy of the Standard Contract Prorlalo:)nB (HOD Fom 708:!) ,
co,ret.her with the Request for Rel..se of Fund. a:to C~rtif1c'!tiCi". (HTlD ron"
701.5 .15) pertaining co tOe .~ject grant. baft hellD execuced and are .ttached.
All requirad eanrozmeatal ....._nU be.... beallcoapleted and copies of the
PubU.c 1iot1cea required by 24Cn.. Part 570.l6b alad 24Cn.. Part 570.30. are al.o
attached for )'Oar recorda.
If there are allY quuti0D8 parta.1D1q to thia appli.catioD pl.... cOIlt:aet
DoDAl.d U. .J.... our eo..un1ty De'NloplMmt Plallnar at (813) 442-6131.
Siacerely,
Anthony L. Sboeaaker
City KanaJu~r
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t. S. DEPARTMENT OF HOUSING AND URBAN DEj":~OPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Form Approved
OMS No. 63.A-1606
REQUEST FOR RELEASE OF FUNDS
AND
CERTIFICATION
(Punutlnt to Section 104 (h) of Title 1 of the Housing and Community Development Act of 1974)
ENVI RONMENT AL
1. NAME 0" APPLICANT
2, APPLICATION/GRANT NO.
alty .f CI...na'leJ:
3. APPLJC~NT'~ ADDRE~. rlnC/,UfJe Street. City. State and Zip Code)
UI I' 0a_1a ....
Claarwates-. nod.. 3S1l'
.-71-"'12-0002
4. DATE OF REQUEST/CERTIFI.
CA TlON
Octo_I: t. 1978
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5. REQUEST FOR RELEASE OF FUNDS. Release of approved grant funds for the following project is requested:
PROJECT
GRANTEE
(If Other Than ApplicantJ
/
..iahHd1eo4 .-ha ..m_ '.ana
Utility _4 Stnet Illp~ ~t hoj..t Sa ..... On_.... '!'alpt Ana
'a""" x.......u
Dru.... !ap1'O-..ts
Sultal"1 "'1' l.,m~ta
Dftta4P .. Jldwalk IIIpftY.... ,..... 1a CoUoa Ga~
Svt.ll.al Pool to ..1ft VoocI ".u.., ad Cola_ c.rdeu ....
6. CERTIFICA nON. With reference to said project it is hereby certified:
That the applicant has at least five (5) days prior to submitting this request for release offunds and certification, published
in a newspaper of general circulation in the community affected, a notice to the public (a copy of which is attached hereto)
in accordance with 24 CFR58.30 (a);' -. . . ' ,
r.;. r -~.
, .
That the applicant has fully carried out it's responsibilities for environmental review, decision-making and action pertaining
to the project named in the above request for release of funds;
That the level of environmental clearance carried out by applicant in connection with said project 0 did 0 did not require
the preparation and dissemination of an environmental impact statement;
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Page. 2 of 2 Patles
That the dates upon which all statutory and regulatory time periods for review, comment, or other response or action in
regard to the aforesaid clearance commenced and expired as indicated below; that all such dates which are applicable to the
aforesaid clearance are indicated below; and that with the expiration of each of the time periods indicated below, applicant
is in compliance with the requirements of 24 CFR Part 58;
Commence Expire
ITEM MO/DAY/YA MO/DA Y IYA
Notice of Finding of No Significant Environrn~ntal 9/13/78 mmmmmmmmmm
Impact: Publication.
Same: Comment period 9/14/78 9/28/78
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Notice of Intent to File EIS: Publication N/A tmmrrrtr:
._----~_.~----- ---~-----_.
Draft FlS: ('ollllllent period
N/A N/A
Same: 90-day period (CEQ) N/A N/A
~--
Final EIS: 30 day period (CEQ) , N/A ~/A
--
5-Day Notice to Public: Publication 9/29/78 10/06178
Other: (Specify)
That the undersigned officer of applIcan( is Juthorized tll, Jnd diles, LllllSent to aSSlIlI1e the status of responsible federal
official, under the National Environmental Policy Act of 1969, insofar as the provisibns of said Act apply to the HUD
responsibilities for environmental review, decision-making and action assumed and carried out by the applicant; that by
so consenting, the undersigned officer of applicant assumes the responsibilities, where applicable, for the conduct of
environmental review, decision-making, and action as to environmental issues, preparation and circulation of draft and
final environmental impact statements, and assumption of lead agency responsibilities for preparation of such statements
on behalf of Federal agencies other than HUD when such agencies cllnsenl (0 such assumption;
That the undersigned officer of applicant is authorized to CllOsen t, personally, and on behalf of the applicant, to accept the
jurisdiction of the Federal courts, for the enforcement of all the aforesaid responsibilities; and that the undersigned does so
consent, on behalf of applicant and of the undersigned. in the offi I capacity of the undersigned.
City Jfanager
Clearwater, Fl~da
(Signature. Title and Address of Officer of Applicant)
WARNING - Section 1001 of Title 18 of the United States Code and Criminal Procedure shall apply to the foregoing certification.
Title 18 provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false.
fictitious, or fraudulent statement or cntry, in any mattcr within the jurisdiction of any department or agency of the United States, shall
be fined not more than $10,000 or imprisioned not more than five years or both.
HUD.7015.15 (11.77,
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Appendix I to HUD - 7015.15
Pursuant to Notice JAX 78-26 the following certifications are submitted in
relationship to the Request for Release of Funds in support of the 4th year CDBG
Program B-78-MC-12-0002, dated October 9, 1978.
AUTHENTICATION:
Anthony L. Shoemaker, .being the chief executive officer of the _C1"~' o~ Clearwater,
Florida, is duly authorized to execute the attached Request f~r R~leag~'of Funds
and Certification, and that he did execute the same. " ."'"
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Lucille Williams
(seal)
City Clerk
Clearwater, Florida
CERTIFICATE OF ATTORNEY:
Anthony L. Shoemaker, being the chief executive officer of the City of Clearwater,
Florida, has executed the attached Request for Release of Funds and Certification
and has consented, as therein stated, personally and on behalf of the applicant, in
his official capacity as such chief executive officer only, and not otherwise.
Further the applicant and said chief executive officer are authorized and empowered
by law to make the said Request for Release of Funds and Certification and the same
was duly made by them with such authority and power. No claim of legal incapacity
pursuant to 24CFR 58.5(b) has been made by th ica
City of Clearwater, Florida
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{S. DEPARTMENT OF HOUSING AND URBAN DEVEf:MENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 (Public Law 93-383)
I. NAME OF APPLICANT Z. APPLICATION/GRANT NO.
Ct_ of Oleuva....r B-78-Mc-12-0002
3. APPLICANT'S ADDRESS (Include Street, City, County, State and Zip Code) 4. DATE OF APPLICATION
Pe O. :Box 4748 Undated
C1euwta. P1Da1lu CcnmV. 5. DATE OF HUD RECEIPT OF APf"LICATION
:nut_ 33S18
June 19. 1978
6.
ai Original Funding Approval
D Amendment. Amendment No.
All section references below are to the Housinl! and Communi tv Develooment Act of 1974 unless otherwise indicated.
7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION
(Check only one)
a. fXJ Metropolitan Entitlement (Sec. 106)
b. L=.J Metropolitan DiscretiOnary (Sec. 106)
(1) , SMSA, State of
(SMSA Name)
c. [:] Non-Metropolitan Entitlement (Sec. 106)
d. [J Non-Metropolitan Discretionary (Sec. 106)
e. D Secretary's Discretionary (Sec. 107)
f. D Urgent Needs Fund (Sec. 103(b))
8. AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED
a. Amount of CDBGFunds Currently Reserved for this Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 839.oooeoo
b. Amount of CDBG Funds Now Being Approved for this Applicant ........................... $ 839.000eOO
c. Amount of Reservation to be Cancelled (Line 8a minus 8b). . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . $ -0-
HUD ACCOUNTING USE ONL Y
BATCH TAC -,- fill ~ B ED OJ DOCUMENT NO trrrnfonrro1j
r 1 115131 I 710/812/
1/7/61 I
1 4 9 12 13 14 III 18 23 30 311
rrm tITt1IrrrmJj 0llJjJ ~ trITnrrrrroJ tIITITI
38 41 411 110 54 110 61 611 70 74 711
9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT
a. Grant Amount Budgeted by Locality for Repayment of Urban Renewal Loans. . . . . . . . . . . . . . . . . . . $
b. Grant Amount Reserved for Guarantee of Loans for Acquisition of Property (Sec. 108 (b) ). . . . . . . . . . . $
c. Grant Amount Deducted by HUD to Settle Outstanding Ulban Renewal Laans
(Sec. 112 (a)(1) ) .......................... r" ...........,.. .............. $
d. Sum of lines 9a, 9b, and 9c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , $
e. Amount of Approved CDBG Available for Disbursement (Line 8b minus 9d) . . . . . . . . . . . . . . . . . . . . $ 839.000.00
HUD-7082 (3-77) Previous Edition is Obaolate
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BLOCK NO.
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INSTRUCTION~
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1. Enter the Applicant's name as shown in Item 4 of Standard Form 424.
2. Enter the number shown in Item 30 of Standard Form 424.
3. Enter the Applicant's complete address as shown in Item 4 of Standard Form 424.
4. Enter the date of application or amendatory shown in Item 23 of Standard Form 424.
5. Enter the month, day and year that the application or amendatory was received, provided that it was judged to be
complete, and the 75 day period was started in accordance with 24 CFR 570.306. If the application was
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 forms executed
under the same grant number. Number amendments under the same grant number consecutively, starting with ".."
7. Check the appropriate box. If box 7b is checked, complete line 7b (1).
8. The amounts entered in this block shall pertain only to funds appropriated for CD Block Grants. They shall not
include amounts pertaining to surplus urban renewal funds, which are handled separately in Block No. 10.
a. Enter the amount of CDBG funds currently reserved for this Applicant under the grant number shown in
Block No.2. If amendment, enter the amount of CDBG funds which have been reserved since the completion
of the previous Funding Approval form.
b. 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.
c. Subtract the amount on line 8b from the amount on line 8a and enter the difference on this line.
9. The amounts entered in this block shall pertain only to the distribution of the grant amount approved on line 8b.
a. Enter the amount voluntarily budgeted by the locality for repayment of urban renewal loans. (Obtain this
figure from supporting schedule for line 11 of Form HUD-7015.5, Community Development Budget.) Attach
schedule indicating the following for each loan: Project Number:
Amount of CDBG funds budgeted for loan repayment:
b. Enter the amount shown on line 4 of Item F of approved Form HUD-7015.6, Application for Community
Development Loan Guarantee, if applicable.
c. Enter the amount deducted by HUD pursuant to 24 CFR 570.802 to be used for repayment of urban renewal
loans. Attach schedule, indicating the following for each loan:
Project Number:
Amount of CDBG funds to be applied to loan repayment: $
d. Add the amounts on lines 9a, 9b, and 9c and enter the sum on this line.
e. Subtract the amount on line 9d from the amount on line 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).
HUD-7082 (3-n)
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AMOUNT OF SURPLUS U
'AVAILABLE (Sec. 112(b))
AN RENEWAL FUNDS APPROVED AND BALAN
.~
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 Avail.Jble for Future Use (Line lOa minus lOb). . . . . . .. $
HUD ACCOUNTING USE ON L Y
[ffi
1
t:TITI
lID ~ ~ [HI] OOD tIfJTIiJrrrrm1j
2 9 12 13 14 16 18 23 30 35
tITITmrrrnj LITffij ~ lIIT!rrrrmJj
41 45 50 54 60 61 65 70
74
11. RECIPIENTS OF APPROVED GRANT AMOUNTS
IDENTIFICA.TION OF RECIPIENTS
APPROVED COMMUNITV
DEVELOPMENT
BLOCK GRANT
APPROVED SURPLUS
URBAN RENEWAL
FUNDS
(1 )
(2)
(3)
a. Applicant Identified in Block No.1
$ 8)9,000.00
$
b. Name and Address of Recipient Other Than Applicant
(Include Street, City, County, State and Zip Code)
$
$
c.
$ 8)9,000.00
$
Total
12. AMOUNT OF LOAN GUARANTEE NOW BEING APPROVED (Sec. 108(b))
$
13. RECIPIENT OF LOAN GUARANTEE
(Check only one)
a. 0 Applicant Identified in Block No.1
b. 0 Recipient Other Than Applicant (Name and Address)
HUD-7082 i 3-77)
10.
. )'
Complete only if surplus grant funds 'mained after the financial settlement of urban -renewal and/or NDP project(s),
and thosc funds have been reassigned to this Applicant. Reference: 24 CFR 570.801.
a. Entcr the amount of surplus U. R. funds reserved for this Applicant. Verify this amount with the Regional
Accoynting 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 HUD-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 IOc of the previous Funding Approval form, plus any additional amount of surplus U. R.
funds reserved for this Applicant via Form(s) HUD-718.
b. 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 CDBe funds (e. g., letter of credit). If a letter of
credit is being used to disburse CDBe funds, the same letter of credit will be used to disburse surplus U. R.
funds.
II. a.
Column (2).
c. Subtract the amount on line lOb from the amount on line lOa and enter the difference 00 this line.
Column (3).
Enter the amount of COBe funds now being approved for use by the Applicantidentified in
Block No.1.
Enter the amount of surplus U. R. funds now being approved for use by the Applicant
identified in Block No.1.
b. Complete only when there is a legal incapacity on the part of the Applicant identified in Block No.1,
concurred in by HUD, to contract for all of the approved grant assistance. Reference: 24 CFR 570.500.
Column (I).
Column (2).
Column (3).
Enter the name and complete address (Street, City, County, State and Zip Code) of the
recipient, other than the Applicant, of approved grant funds. Any grant recipient identified
in this bloc~ must execute the grant agreement, authorized by this Funding Approval, as a
party thereto.
Enter the amount of CDBG funds now being approved for use by the recipient other than
the Applicant.
Enter the amount of surplus U. R. funds now being approved for use by the recipient other
than the Applicant.
Column (2).
c. Complete only when line 11 b is completed.
Column (3).
Enter the sum of lines Ua (2) and lIb (2). The total must equal the amount shown on line
8b.
Enter the slIm oflines lIa (3) and lIb (3). The total must equal the amount shown on line
lOb.
12. Enter the amount shown on line 6 of Item F of approved HUD-7015.6, Application for Community Development
Loan Guarantee, if applicable.
13. Check the appropriate box. Check 13b only when there is a legal incapacity on the part of the Applicant identified in
Block No. I, concurred in by HUD, to contract for the approved loan guarantee assistance. Reference: 24 CFR
570.700. Enter the name and complete address (Street, City, County, State and Zip Code) of the loan guarantee
recipient. Any loan guarantee recipient identified in this block must execute the grant agreement, authorized by
this Funding Approval, as a party thereto.
14-20.
Complete applicable sections.
Acceptance Provisions.
Transmit to the recipient either the Acceptance Provisions (for a single recipient) or the
Alternate Acceptance Provisions (for multiple recipients), as applicable.
(h) SCl:. 105 (a) (X) public slvices determined necessary or appropriate for 1rich other Federal assistalll:e n;ay be
available:
(c) Sec. 10S (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 unspecitled local option activities.
(e) 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 cited as Special Conditions in Item 20.)
18. Ineligible .Activities Reducing Section 106 Grant Entitlement
o Application for funding of the following proposed activities, determined by HUD to be ineligible under Title I
of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount
shown below:
Proposed Activity
Amount
Total:
19. Grant or Loan Guarantee Recipient Other than Applicant
o The grant and/or loan guarantee approved for any recipient other than the Applicant, as shown in Items II.b.
I and/or 13.b., is for the following projects or activities:
Name of Recipient
Project or Activity
Amount
14, Waiver of Certain Application R~uirements for Section 106 Grants.
J
o The application requirements of Sec. 104 (a) (I), (2) and (3) are waived pursuant to Sec. 104 (b) (3), except as
indicated below:
1
15. Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities
o BUD has determined that the activities described in the application as supporting community development
'1 needs having a particular urgency, as specifically described in the application, are designed to meet such needs.
16. Environmental Review Actions
(a) D
The Applicant lacks legal capacity to assume environmental responsibilities under Sec. 104 (h). HUD
has prepared and circulated a final Environmental Impact Statement on the application.
(b) F!l
2
The Applicant has legal capacity to assume environmental responsibilities under Sec. 104 (h) and has
submitted requests for release of funds and certifications approved by HUD under Sec. 104 (h) (2) for
all projects except those listed under Item 17 (a) hereof and the following exempt activities:
C.neal !4mi"....taUon
Cont!Dpnoi..-aoep" when Ulleel for activit1.. wh10h require u....-nt
17. Conditional Approvals 'on Use of Funds
The obligation or utilization of funds for the activities shown below, except for the reasonable administrative costs
related to the planning and execution of the projects listed in subsection (a), is prohibited without the further
express written authorization of HUD.
(a) Projects requiring HUD environmental approval under Sec. 104 (h) (2):
Ne1pb01"hood H.oua1ng S.rrio. ~
Utili V uul S'bHt ~t hojeo" in SoutbOnemrood tuptARaI
Pa~ ~__ta
DJ.oa1:Dap ~f__'ta
San1tu7 Sewu Im~ta
DJ.oa1:Dap and S14na1k lmpAv,....t ~1n Conclcm Qudena
6vi-i",g Pool to .arn Wood Valle;, a:rul Ccm4c:m Gud.a8 Areu
HUD-7082 (3-77)
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":0. 'Special Conditions and Mldifications of Grant Agreement
I
o Check if continued on extra sheet and attach.
The funding approval indicated above for utilization of the assistance provided thereunder in accordance with the
:Jpproveu application, subject to the requirements of Title I of the Housing and Community Development Act of 1974
(P. L. 93-383) and the Department of Housing and Urban Development's rules and regulations, and the execution of a
G~ant Agreement in accordance therewith, is hereby authorized for the program year beginning on Ootober 1. 1978.
Date:
J/ttl/?r
Secretary of Housing and Urban Development
By:
(Signature)
:Nt" H. Bothaohlld
Area Ma.Dapr
(Title)
Date Applil'aJll Ilutilicd Ihat funding has been authorized:
AUG 2 2 1978
HUD -7082,3--77'
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ACCEPTANCE PROVISIONS
The Grant Agreement. authorized by the Department w:.~Jb98lDevelopment on AUG ~ ~ 'j:;IO
under the Funding Approval for application/grant no. , 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 HUD. now or hereafter in effect. pertaining to the assistance
provided.
01 V of C1Rzva_1', J10Jd.d&
By:
Title:
City Manager
Da~: October 9, 1978
HUD-7082 (3-77)
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D.. S.DEPAIfl'H.&!ft' or HOUSING DID ORBAN DEVBLOPtar
GRANTAORK&MENT
CotHlNITY DKVELOPHENT BLOCK OlWrr PROGRAM
Upon execution of the Acceptance Provi8ions of this Grant Agreement,
the Department of Hous1.ng and Urban Development. (HDD) agrees to pro-
vide to theOrantee the 'ederal aS81stance under 1i tle I of the'
Rousing and C0lllllW11t7 Development Act ot 197h (P.L. 93-383) authorized
b7 the Puncling Approval. idlmtitiedtherein, subject to the terms and
cCllldit10ns ot this Grant Agreement, applioable law, regulations and all
other requirellfll"lts ot BOD DOV or hereafter in effect. !he Grant
Agreement 1s ettectiYe vitb respect to such usistam:e aa ot the date
tile acceptance 1s. aecu~ aDd coneist. ot each k.~ng Approval and
acceptance hereto attached, together with- tho HOD approved application
specitied therein, includ1Dg an;r Assurances, certitications, maps,
schedules or other subnd.8s1cme made with respect thereto, the BUD
Co-.uu. t7 Develop1l8Dt Block Grant Regulations at 2h en Part 570 and
the tollov4-ng Ooneral Tem8 and Conditions.
1." pet1n1t1ons. Except to the extent IIOditJ.ed or supplemented
by the Grant Agreement, 8ItT tent defined in Title I of the Housing and
.
COIBIWli ty Development Act ot 197h or the HUD ColllllW1i tr Development Block
Grant Regula tiona at 24 en Part 570, shall have the S8M _aning when
u88cl herein.
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2.
.
(.) Agreaftlent cetmS thlB Grant Agreement, &s deBcribed Above and
arrr ammldmento or INpp18JlllJtlte thereto.
(b) Applicant J:l88nS the entity deoignated as ouch in the Funding
Approval.
(c) Grantee means' each entity designated as a recipient tor grant
or loanguarantoe asSiBtanco in ttle Fun41ng Approval and e1gning the
acceptance prorlsiQns as Oratee under the Agresmant.
(d) .Aaeurancee,wh8D capitalized, IQ6m1S the certitications and
usu.rancea subrdtted with grant appl1cationa purINant to the require-
Mnts ot 24 CPR Part S70..
- (e) A8sist&nco provided under this Agreement ma8l1S the grants and
8lI7 lOAD. secured b7 loan paranteos pl"OTldod under this Agre_ent.
(t) Pl"OgrlDl meG118 the coDllW1ity develop:lliitnt po. .)gram, project, or
othar act1vities, 1ncludina the adm1nietratiClD thereof', with reapect to
vh1ch asll1.tance 1s bolng provided UDder this .tgre8J118nt.
authorisation ot the Fund.1ng .Approval.
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The Grantee shall cause or require to be inoertod in full in all
contracte and aubcontra.cte tor work financod in whole or in part with
assistance provided under this Agreement, the section J clause set forth
in 24 CFR 135.20(b).
The Grantee shall provide such copies of 24 ern Part 135 as may be
necessary for the infomation of parties to contracts required to contain
the section 3 clause.
3. Flood Disaster Protecti2!!1
.
This. Agreemant is subj.ectto the requirements of the Flood Disast,er
Protection Act of 1913 (P.L. 93-234). No portion of the assistance
provided under this Agreement is approved for acquisi tion or construction
purposes as defined under section )(a) of said Act, for use in an area
identified by the Secretar,y as having special flood hazards which is
located in a colllll1U1ity 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 cOllstroction in such identified
areas in coJlllllW1ities then participating in the national flood insurance
program shall be subject to the mandatory purchase of flood inaurance
requirements of section 102(a) of said Act.
~ contract or agreement for t~o sale, loase, or other transfer
ot land acquired, cleared or ,improved with assistance provided under
this Agreemont shall contain, it such land is located in an area
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identified by the Secretar,y 8S having special flood hazards and in
which the sale of flood insurance haa been made available under the
Natio~al Flood Insurance Act of 1968, as amended, L2 U~S.C. 4001
et seq., provisions obligating the transferee and its successors or
assigns to obtain and rnaint.ain, during the ownership of such land,
such flood insurance as required with respect to financial assistance
tor acquisition or construction purposes under section 102(a) of the
Flood Disaster Protection Act. of 1913. Such provisions shall be .
required notwithstanding the fact that tho construction on such land
is not itself funded wi thaas1stance provided under this Agreement.
4. EQual Employment Opportunity!
(a) Activ1 ties and contracts not aub.1ect to Executive Order
112h6. as amended. In carrying out the program, the Grantee shall
not discriminate against ~. employee o~ applicant for employment
because of race, color, religion, sex, or national origin. The Grantee
shall take affirmative action to inaure 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 ~ot be limited to, the follOWings employment,
upgrading, demotion, or transfor; recruitment or reclouitment advertising;
l~off or termination; rates of p~ or other forms of compensation; and
selection for training, including apprenticeship. Tho Grantee shall
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s.
The Grantee shall cause or require to be inserted in full in any
nonexempt contract and subcontract for construction work, or modification
thereof, as defined in said regulations, which is paid for in whole or
in part with assistance provided under this Agreement, the following
, equal opportunity clausel
During the performance of this contract, the contractor agrees &S
follows I
(1) The contractor will not cUscrindnato against any employee or
applicant for employment because ,of race, color, religion, BOX, or
national origin. Tho contractor will take affirmative action to ensure
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that .pplicant~ are omployod, and that employeo8 Rre treated during
employmont, without regard to thoir raco, color, religion, sex, or
national origin. Such action shall include, but not be limited to,
the following I Employment, upgrading, demotion, or transfer, recruit-
ment or recruitment advertising; layoff or termination; rates of p~
or other torms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants tor employment, notices to be
provided by the contracting officer setting forth the provisions ot
this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements
tor 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 ~f the contractor's commitment undor this soction and shall post
copies ot the notice 10 consp8cuous placos available to employees and
applicants for employment.
(4) The contractor will comply with all provilJions of Executivo
. Order 11246 of September 2h, 1965, and ot the rulos, regulations, and
~ "/:'-:- ':l ~ ,,'" ! ~.
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relevant orders of the Secretary of Labor.
(5) The contractor will furnish all infor~3tion and report~
reCJ!.1ired by Executive Order 112<<6 of September 2JI, 1965, ~d by UIfl
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 ot the contractor's noncompliance with the non-
dlscri.Jldnation clauses of this contract or with any of such rules,
regulations, or orders, this contract ~ be canceled, termdnated or
suspended in whole or in part and the contractor may be declared in-
eligible for further Government contracts or federally assisted const.ruc-
tion contract procedures authorized in Executive Order 1]246 of
September 2<<, 1965, or by rule, regulation, or order of the Secretar.y
ot Labor, or as otherwise provided by law.
(1) The contractor will include the POrtion of the sentonc;o
immediately preceding paragraph (1) and the provl sions of paragr:tph:;
(1) ~hrough (7-) 1n every subcontract or purchase order unless eX(lm{Jted
by rules, regul~tions, or orders of the Secretary of Lah(,r iS311r,rj pllr~nJ:lnl.
to section 20L of ExecuUve Ordor 1121~6 of Septembl!r ,..~, 1965, Sf) t.hat.
such provisions will be binding upon each subcontractor or vendor. Tho
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f
contractor will take such action with respect to any 8Ubcontract or
fmrchaae ordor as th~ Dopartment may direct a~ a monna of enforcing
such proviaiDne, includinp, sanctions for noncompliancol Provided,
however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result
ot 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 participate~ in federally assisted construction work. Provided,
that if the Grantee so participating is a State or local government,
the above equal opportuni~y clause 1s not applicable to an1 agency,
instrumentality or subdivision of ouch 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 o.fLabor in obtaining the compliance of
contractors and subcontractors with tho equal opportunity clause and
the rules, regulations, and relevant orders of the Secretary of Labor;
that it will furnish the Dopartment and the Secrot.ary of Labor such
information as they may require for the supervision of such compliance;
and that 1 twill otherwise assist the Department in tho d1 ocharge' of i t3
prima~ responsibility for securing compliance.
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The Grantoe further agrees that it wtl1 refrain' from ontering
into any contract or contract modification subject to Executive
Order 112L6 of Septombel' 2L, 1965 J with a contractor debarred from,
or ,who has not demon~trated eligibility for, Governmont contracts
and federally assistod 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 Depu.rtment 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,
teminate, or suspend 1n whole or in part the grant or loan guarantee;
refrain from extending any further assistance to the Grantee under the
p~ogram with respect to which the failure or refusal occured until satis-
factory assurance of future compliance has been received from such Grantee;,
and rp.for 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 th~ HUD Lead-
Based Paint regulations, 2L eFR Part 35. Any grants or loans made by
the Grantee for the rehabilitati(Ifl of residontial st.nH':tures with
assistance provided under this Agreement shall be made subject to the
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proviBion~ for the olimination of lond-base paint hazardn under sub-
part B of said rop:ulationn, and thp. GrlUltoe shEd] h(l responsiblp. for
the in8poctione and certifications roquired un<1or fllletion JS .IL(f)
thereof.
In compliance with said regulations, the Gran1.nrl nhall cause or
require to be inserted in full in all contrac tfi aud :;ubr.ontrac ts wi th
respect to any nonexempt transaction thereunder funded with assistance
provided under this Agreement, the following requirements:
(1) A stipulation by the contractor of ~lbcontractors that any
facility to be utilized in the performance of any none~empt contract
or subcontract is not liste40n the List of Violating Facilities issued
by the Envirorunental Protection Agency (BFA) pursuant to 40 CFR 1$.20.
. (2) Agreement by the contractor to comply wi th nl J the requiremunts
of section lIb of the Clean Air Act, a5 amendod, (i,;'I1:)C; IW;7c~H) and
section )08 of the Federal Water Pollution Control Act, a~ amondod, (JJUSC
1)18) relating to inspection, monitoring, entry, ruports, and information,
I....~~.~_~ "",~':"""'J__......."...._-.,...._...~~
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as 111011 as all other requirenents specifiod tn said section 114 and
s~tion J08, and all regulations and guidelines issued thereunder.
(J) A stipulation that as a condition for the award of the
contract prompt notico will be given of any notification received
from the Director, Office of Federal Activities, EPA, indicating
that a facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities.
(4) Agreement by the contractor that he will include or cause
to be included the criteria and requirements in paragraph (1) through
(4) or "this section in every nonexempt subcontract and requiring that
th6 contractor will take such action as the Government may direct as
a means of enforcing such provisions.
In no event shall aqy amount of the assistance provided under this
Agree~nt be utilized with respect to a facility which has given rise
to a conviction under section 1l3(c) (1) of the Clean Air Act or section
309(c) of the Federal Water Pollution Control Act.
7. Federal Labor Standards Provisions:
Except with respect to the rehabilitation of residential property
designed for residential use for less than eight f~~lieB, the Grantee
and all contractors engaged under contracts in excess of $2,000 for the
construction, prosecution, completion or repair of ~ building or work
financed in whole or in part with' assistance provided under this Agree-
~;~~~...'-""'-""';"-''''~'~.''''''..''
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mont, :;ha..ll co:nply \1,i.th nU)) rcquircrr.~:nt::; pel'trd,nine to :>1)(:h contr."\ct~
and the applic;lulc requirement::; of the r~eulat.ion:; of the D<..:p~rlracnt.
. ,of L.luor under. 29 CFn Part:. 3
.
~nd ~ J gov~nd ng the J>:ly:n~:nt of
.
\-lilGe::; .:lnd the ratio of apprenticc::; nnd tr~i.n(;c:; to journc~rIi:cn:
Ploov-ldcd, that if \~aGe rate::; hicher than t.ho::;c required under :;uch
rceu1nt:ion~ arc imposed by state or local 1m'1:, nothin~ hereunder i~
.1ntend~d to relieve the.GrLlntee of its obliGation, if any, to require
,
. payment of the hicher rates. The Grmltee shall cause or require to be
~sertcd in full, in all'such contracts subject to such reeulations,
provisions meeting the requirc~ents of 29 CFR 5.5.
:.
"No award of the contracts covered under this section of t~e
Agreement shall be rnadeto anj- contractor \-:ho is at the time ineligible
under the provisions of any applicable regulations of the Department
or Labor to receive an award of ~uch contract.
8. nondiscrinination Uncer Title VI of the Civil Rir,hts'Act of 196h
1'his Acreement is subject to the requirements of Title VI of the
. , .
Civil Rights Act of 1964 (P.L. 88-352) and HUD re~lations with respect
theret.o inc'lu ding theregulu 'lions under 24 CFR Part 1. In the sale, le.:\sc
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orothcir tran~fcr of IDJ1d acquired, cleared or improved ui'lh nssi~tancc
provided under this AGreement, the Grantee shill cnU$C or require a
cov(>n~lnt rmminG llith the land to be in!>crted in the dced or lca$e for
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such t.ranaff!r, fJrohibl ting di:icrimination upon the basis of race, color,
rclir,lon, :;ex, or national (Jrl~in, in the sale, Ina:lo 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 itsAlt so discrl~nate.
9. Obligations of Grantee with Respect to Certain Third Party
Relationshipsl
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 t.he program with res-
pect to which assistance is being provided under this Agreement to the
GrantElp. . Any Grantee which is not the Applic ant, shall comply wi th all
lawful l'equirements of the A.pplicant necessary to insure that the program
with re8pec~ to which assistance is being provirted under this Agreement
to the Grantee is carried out in accordance with the Applicant's Assurances
and certifications, including those with respect to the assumption of
environmental responsibilities of the Applicant under section lOJ~(h) of
the Housing and Community Development Act of 1974.
.
10. Interest of Certain Fedural Officials:
No member of or Do1egate to the Congress of t.he Un! t.ed Stutce, and
no Resident Colllllissioner, shall be admitted to allY flharo or part of
.J. -:'t.oI'<
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this Agreement or to any benefit to arise from the same.
.
11. Interost of Members, Officers, or Employnes of Grantee,
Members of Local Governinp, Body I or Other Public Officials.
No member, officer, or employee of the Grantee, or its designees
or agents, no member of the governing bo~ 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, tor 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 purpososof this aection.
12. Prohibition A~ainst PaYments of Bonus or Commission:
The assistance provided under this Agreement shall not be used in
the paynent of any bonus or commdssion for the purpose "of obtaining HUD
appr~va1 of the application for such assistance, or HUD approval of
applications for additional assistance, or ~ other approval or con-
currence of HUD required under this Agreement, Title I of the Housing
and Communi ty Development Act of 1974 or HUD regulations with respect
.
thereto; provided, however, that reasonable feeD or bona fide technical,
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consultant, managerial or other such serviceB, other than actual
Bolicltat1on, are not hereby proh1bi.tod if otherwioe eligible as
program c ootB .
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