FUNDING APPROVAL UNDER TITLE 1 OF HOUSING AND COMMUNITY DEVELOPMENT ACT
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tis. DEPARTMENT OF HOUSING AND URBAN DEVEL~MENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMIUNITY
DEVELOPMENT ACT OF 1974 (Public Law 93-383)
t. NAME OF APPLtCANT 2. APPLICATION/GRANT NO.
C! ty ot Clearwater B-16-MO-12-0002
3. APPLICANT'S ADDRESS (Include Street. City. County. State and Zip Code) 4. DA TE OF A PPLICA TION
Post orno. :Box 4148 April 1; 1916
Clea:rwater, Pinellaa. Florida 33518
s. DATE OF HUD RECEIPT OF APPLICATION
April 12, 1916
II.
(X] Original Funding Approval
o Amendment. Amendment No.
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AI. section references below are to the Housinl! and Communi tv DeveloDment Act of 1974 unless otherwise indicated.
7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION
(Check only one)
a. [iJ Metropolitan Entitlement (Sec. 106)
b. D Metropolitan Discretionary (Sec. 106)
(1) , SMSA, State of
(SMSA Name)
c.D Non-Metropolitan Entitlement (Sec. 106)
d.D Non-Metropolitan Discretionary (Sec. 106)
e.D Secretary's D-iscretionary (Sec. 107)
f.D Urgent Needs Fund (Sec. 103 (b) )
8. AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED
a. Amount of CDBG Funds Currently Reserved for this Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 466,000..00
b. Amount of CDBG Funds Now Being Approved for this Applicant . . . . . . . . . . . . . . . . .. . . . . . . . .. $ 1166,000.00
c. Amount of Reservation to be Cancelled (Line 8a minus 8b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ -0-
HUD ACCOUNTING USE ONLY
BATCH TAC . . ~ ~ LTI ffi DOCUt.ENT NO ITTIIITrrrrrmlJ
PROGRAM
11 115131 I []] 710lal21
117161 I
I 4 g 12 13 14 Ie 18 23 30 311
rrm tTIItmrrrrd EEITDJ B tITtmrrrrrJj SCHEDULE NO.
II I II
38 41 411 110 114 eo el ell 70 74. 79
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 Urban Renewal Loa~
(Sec. 112(a)(1)) . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . .. . . .. . . . . . . . . . .. $
d. Sum of lines 9a, 9b, and 9c. . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . $
e. Amount of Approved CDBG Available for Disbursement (Line 8b minus 9d) . . . . . . . . . . . . . . . . . . .. $ h66.ooo.00
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INSTRUCTIONS
BLOCK NO.
1. Enter the Applicant' s name as shown in Item 4 of Form HUD-70l5, Application
for Federal Assistance.
2. Enter the number shown in Item 2 of Form HUD-70l5.
3. Enter the Applicant's complete address as shown in Item 4 of Form HUD-70l5.
4. Enter the date of application or amendatory shown in Item 15 of Form
HUD-70l5.
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 "0riginal 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 consecu-
tively, starting with "1. II
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 indic~ting 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 (3-76)
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10. AMOUNT OF SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE (Sec. 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 lOa minus lOb) ...............$
HUD ACCOUNTING USE ONLY
[ill r-1 B ~ OJ IT] tIrrfITtrnrrnij
TAC PRJGRAM rniJ
115131 I [DJ 7 0 82
117161
I 4 9 12 13 14 16 16 23 30 35
[ill tTIttommj ltTIJjJ B DIttrnrrmj SCHEDULE NO.
11111
::., 41 45 50 54 60 61 65 70 74 79
11. RECIPIENTS OF APPROVED GRANT AMOUNTS
APPROVED COMMUNITY A PPROVED SURPLUS
IDENTIFICATION.OF RECIPIENTS DEVELOPMENT URBAN RENEWAL FUNDS
BLOCK GRANT
(1) (2) (3)
a. Applicant Identified in Block No.1 $ 466,000.00 $
b. Name and Address of Recipient Other Than Applicant
(Include Street, City, County, State and Zip Code)
$ $
c. Total $ 466.000.00 $
12. AMOUNT OF LOAN GUARANTEE NOW BEING APPROVED (Sec. lOB(b)) $
13. RECIPIENT OF LOAN GUARANTEE
(Check only one)
a. D Applicant Identified in Block No.1
b. D Recipient Other Than Applicant (Name and Address)
2
HUD-7082 (3-76)
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10. Complete only if surplus grant funds remained after the financial settlement
of urban renewal and/or NDP projectCs), and those funds have been reassigned
to this Applicant . Reference: 24 CFR 570. 80J.
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 i!s completed, enter the total amount of
surplus U. R. funds reserved f,or this Applicant via Form HUD-718. On
subsequent Funding Approval fprms, whether original or amendment, enter
the balance of .surplus U.R. f~nds available for future use, as shown on
line 10c 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 fe 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 CDB~ funds, the same letter of credit will be
used to disburs~ surplus U.R. funds.
c. Subtract the amount on line lOb from the amount on line lOa and enter the
difference on this line.
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11. a. Column (2). Enter the amount of CDBG funds now being approved for use by
the Applicant identified in Block No. 1
Column (3). 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. Referenc~: 24 CFR 570.500.
Column (1). 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 block must execute the grant agreement, authorized by
this Funding Approval, as a party thereto.
Column (2). Enter the amount of CDBG funds now being approved for use by
the recipient other than the Applicant.
Column (3). Enter the amount of surplus U.R. funds now being approved for
use by the recipient other than the Applicant.
c. Complete only when line 11 b is completed.
Column (2). Enter the sum of lines 11a(2) and llb(2). The total must
equal the amount shown on line 8b.
Column (3). Enterthe sumof lines 11a(3) and 11b(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-70l5.6, Application
for Community Development Loan Guarantee, if applicable.
13. Check the appropriate box. Check l3b 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 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.
HUD.7082 (3-76)
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14. Waiver of Certain Application Requirements for Section 106 Grants
o The application requirements of Sec. 104(a)( 1), (2) and (3) are
1 waived pursuant to Sec. 104(b)(3), except as indicated below:
15. Determination Regarding Particularly Urgent Needs to be Met by Proposed
Activities
c:J HUD has determined that the activities described in the application
1 as supporting community development needs having a particular
urgency, as specifically described in the application, are designed
to meet such needs.
16. Environmental Review Actions
(a) c=J The Applicant lacks legal capacity to assume environmental
1 responsibilities 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
2 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:
In?_l ~..t.t"'u.
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):
~u. a1I4........... of ......-.. ,... JnelOJlMll"
of ..t..
BIU_U....' r..s.u... - ..... ~.. ....
.....1Jv-' JM1UU- - 01...... &".-
IMtIaU IdtMMll.
Jut r"t 1 ,.tie of ....telI' 0..& "..,....... .....
DS no' *-
.,.... 'i 1 -1_.-1- 1.-1 .,u.. (0. . ... '" .... luU)
HUD-7082 (3-76)
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(b) Sec. 105(a)(8) public services determined necessary or appropriate
for which other Federal assistance may be available:
(c) 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 under-
taken as a result of program amendments, or as unspecified 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.)
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18. Ineligible Activities Reducing Section 106 Grant Entitlement
[] Application for funding of the following proposed activities,
1 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
c=l The grant and/or loan guarantee approved for any recipient other
1 than the Applicant , as shown in Items 11. b. and/or 13. b., is for
the following projects or activities:
Name of Recipient Proiect or Activity Amount
20. Special Conditions and Modifications of Grant Agreement
c=l 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 Development's rules and
regulations, and the execution of a Grant Agreement in accordance therewith, is
hereby authorized for the program year beginning on Julv It lq76
Date:
MAY 2 6 1976
By:
(Sign
fr2 B.. w. ~t~'*
.Area Director
(Title)
Date Applicant notified that funding has been authorized:
JUN 0 1 '\976
. HUD.70B2 (3-76)
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ACCEPTANCE PROVISIONS
The Grant Agreement, author~g by the Department of Housing and Urban
Development on . JUN 0 1 . under the Funding Approval for
application/grant no. B-76-MC-12-0002 , 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, pertain-
ing to the assistance provided.
THE CITY OF CLEARW A 'T'F.R
(Nam of Applicant/Grantee)
By:
Countersigned:
Official! .~~~
Date: ~2 55 If?6
~~~~
-';ff City Clerk
Title:
City Manager
HUO-7082 (3.76)
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U. S. DEP AIr.l'MIIrr or HOUSING AHD URBAN DEVELOPMENT
GRANT AGREEMENT
COMII1HITY DEVELOPMENT BLOCK GRANT PROGRAM
Upon execution of the Acceptance Provisions of this Grant Agreement,
the Department of Housing and Urban Development (HOD) agrees to pro-
vide to the Grantee the Federal assistance under Title I of the
Housing and ColllllWlity Development Act of 1914 (P.L. 93-383) authorized
by the Funding Approval identified therein, subject to the tennsand
conditions of this Grant Agreement, applicable law, regulations and all
other requirements of HOD 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 HUDapproved application
specified therein, including any Assurances, certifications, maps,
schedules or other submissions made with respect thereto, the HOD
OOJllllWlity Development Block Grant Regulations at 24 OFR Part 510 and
the following General Terms and Conditions I
1. Definitions I Except to the extent modified or supplemented
by' the Grant Agreement, any term defined in Title I of the Housing and
Oo.unity Development Act of 1914 or the HOD Community Development Block
Grant Regulations at 24 on Part 510, shall have the same Eaning when
used herein.
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2.
(a) Agreeaept -.DS this Grant Agreement, as described above and
8D7 amendll8nts or supplements thereto.
(b) Applicant.ans 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 jpproval and signing the
acceptance provisions as Grmtee under the Agreament.
(d) Assurances, when capitalized, means the certifications and
assurances submitted with grant applications p1rsuant to the require-
ments ot 24 on Part 510.
(e) Assistance provided. under this Agreeaumt means the grants and
&D7 10m. secured by loan guarantees provided under this Agreement.
(f) P1"Ogr_ _aDS the coDlllUllity developnent program, project, or
otlwr activities, including the administration thereof, with respect to
which asai.tance is being provided under this Agreement.
2. "Section 3" CoaIPliaPce in the Provision of TrainiDa. Elrl>loyment
and Business 0pp0r1;un1 ties:
This Agre_nt is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968 (12 UOO 1101u), as amended,
the BUD regulaticms issued plrsuant thereto at 24 eFR Part 135, and any
applicable rules and orders ot HOD issued thereunder prior to the HOD
authonsatian of the J\mding Jpproval.
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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) clause set forth
in 24 CFR l35.20(b).
The Grantee shall provide such copies of 24 CFR Part 135 as may be
necessary for the infonnation of parties to contracts required to contain
the section 3 clause.
Any contract or agreement for the sale, lease, or other transfer
of land acquired, cleared or improved with assistance provided under
this Agreement shall contain, if such land is located in an area
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identified by the Secretary &s 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 .5.0. 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 the
Flood Disaster Protection Act of 1973. Such provisions shall be
required notwithstanding the fact that the construction on such land
is not itself funded with assistance provided under this Agreement.
4. Equal Employment Opportunity:
(a) Activities and contracts not subject to Executive Order
11246. as amended. In carrying out the program, the Grantee shall
not discriminate against ~ 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 tennination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Grantee shall
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post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Government setting forth the
provisions of this nondiscrimination clause. The Grantee shall state
that all qualified applicants will receive consideration for employ-
ment without regard to race, color, religion, sex, or national origin.
The Grantee shall incorporate the foregoing requirements of this
paragraph (a) in all of its contracts for program work, except contracts
governed by paragraph (b) of this section, and will require all of its
contractors for such work to 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 CPR Part 1)0 applicable to HUD assisted construction contracts.
The Grantee shall cause or require to be inserted in full in any
nonexempt contract and subcontract for construction work, or modification
thereof, as defined in said regulations, which is paid for in whole or
in part with assistance provided under this Agreement, the following
equal opportunity clause I
During the performance of this contract, the contractor agrees as
follows I
(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
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that applicants are employed, and that eJli>loyees 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 followingc Employment, upgrading, demotion, or transfer, recruit-
ment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
(2) The contractor 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 contractor understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' representa-
tives of the contractor's commitment under this section and shall post
copies of the notice in conspecuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and
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relevant orders of the Secretary of Labor.
(5) 'The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by the
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by
the Department and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared in-
eligible for further Government contracts or federally assisted construc-
tion contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pu:rsuan t
to section 204 of Executive Order 11246 of September 25, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
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contractor will take such action with respect to any subcontract or
purchase order as the Department mzq direct a9 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,
instrwnentalityor 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 ~ require for the supervision of such compliance;
and that it will otherwise assist the Department in the discharge of its
primary responsibility for securing compliance.
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The Grantee further agrees that it will refrain from entering
into any contract or contract modification subject to Executive
Order 11246 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to the executive
order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and
subcontractors by the Department or the Secretary of Labor pursuant to
Part II, Subpart D of the executive order. In addition, the Grantee
agrees that if it fails or refuses to comply with these undertakings,
the Department may take any or all of the following actions: Cancel,
terminate, or .suspend in whole or in part the grant or loan guarantee;
retrain from extending any further assistance to the Grantee under the
program with respect to which the failure or refusal occured until satis-
factory assuz-ance of future compliance has been received from such Grant-ee;
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 J5. Any grants or loans made by
the Grantee for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the
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provisions for the ~limination of lead-base paint hazards under sub-
part B o~ said regulations, and the Grantee shall be responsible for
the inspections and certifications required under section 35.14(f)
thereof.
6. Compliance with Air and Water Acts:
This Agreement is subject to the requirements of the Clean Air
Act, as amended, 42 use 1851 et seq., the Federal Water Pollution
Control Act, as amended, 33 USC 1251 et seq. and the regulations of
the Environmental Protection Agency with respect thereto, at 40 CFR Part
15, as amended from time to time.
In compliance with said regulations, the Grantee shall cause or
require to be inserted in full in all contracts and subcontracts with
respect to any nonexempt transaction thereunder funded with assistance
prorlded under this Agreement, the following requirements:
(1) A stipulation by the contractor of subcontractors that any
facility to be utilized in the performance of any nonexempt contract
or subc?ntract is not listeq on the List of Violating Facilities issued
by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements
of section 114 of the Clean Air Act, as amended, (42USC 1851c-8) and
section 308 of the Fede~al Water Pollution Control Act, as amended, (33USC
1318) relating to inspection, JOOnitoring, entry, reports, and infonnation,
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as well as all other requirenents specified in said seqtion 114 and
section J08, and all regulations and guidelines issued thereunder.
,
(3) A stipulation that as a condition for the award of the
contract prompt notice will be given of any notification received
from the Director, Office of Federal Activities, EPA, indicating
that a facility- utilized 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) of this section in every- nonexempt subcontract and requiring that
the contractor will take such action as the Government I'l'I8Y direct as
a means of enforcing such provisions.
In no event shall ~ amount of the assistance provided under this
Agreement be utilized with respect to a facility- which has given rise
to a conviction under section llJ(c)(l) of the Clean Air Act or section
J09(c) of the Federal Water Pollution Control Act.
1 . Federal Labor Standards Provisions:
Except with respect to the rehabilitation of residential property-
designed for residential use for less than eight families, the Grantee
and all contractors engaged under contracts in excess of $2,000 for the
construction, prosecution, completion or repair of any building or work
financed in whole or in" part with assistance provided under this Agree-
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ment, shall comply with HUD requirements pertaining tOS'llch cont,racts
and the applicable requirements of the regulations of the Department
of Labor under 29 CFR Parts 3, 5 and 5a, governing the p~nt 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 any 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 1964
This Agreement is subject to the requirements of Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) and HOD rp.gulations with respect
thereto including the regulations under 24 CFR Part 1. In the sale, lease
or other transfer of land acquired, cleared or im.proved with assistance
provided under this Agreement, the Grantee shall cause or require a
covenant running with the land to be inserted in the deed or lease for
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such transfer, prohibiting discrimination upon the basis of race, color,
religion, sex, or hational 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 discrimi.i1ate.
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
and certifications, including those with respect to the assumption of
environmental responsibilities of the Applicant under section 104(h) of
the Housing and Community Development Act of 1974.
10. Inwrest of Certain Federal Officials:
No member of or Delegate to the Congress of the United States, and
no Resident Conunissioner, shall be admitted to any share or part of
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this Agreement or to any benefit to arise from the s~.
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11. Interest of Members, Officers, or Employees -of Grantee,
Members of Local Governing Body, or Other Public Officials I
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
prohibi ting such interest pursuant to the purposes of this section.
12. Prohibition Against Payments of Bonus or Commission:
The assistance provided under this Agreement shall not be used in
the paytrlBnt of any bonus or commission for the purpose of obtaining HUD
appr~val of the application for such assistance, or HOD approval of
applications for add~tional 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 HOD regulations with respect
thereto; provided, however, that reasonable fees or bona fide technical,
'" (- I.- ~
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consultant, managerial or other such services, other than actual
solicitation, are not hereby prohibited if otherwise eligible as
program costs.