HomeMy WebLinkAbout10830 RES - 04/26/1972JRR."e:4 /25/72:lst '
A RESOLUTION
AUTHORIZING THE CITY MANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO
EXECUTE A GRANT AGREEMENT AND SUCH OTHER
DOCUMENTS AS MAY BE NECESSARY IN CONNECTION
WITH THE EXECUTION OF THE GRANT AGREEMENT
WITH THE U. S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR THE CONSTRUCTION OF
CERTAIN SANITARY SEWER MAINS AND COLLECTOR
FACILITIES IN THE CLARKWOOD -SAN JUAN AND
McNORTON AREAS OF THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, IDENTIFIED AS PROJECT
NO. WS- TX -06 -59 -1006; AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Corpus Christi (the "Applicant ")
has heretofore submitted an application to the United States
of America, Department of Housing and Urban Development (the
"Government ") for a grant under Section 702 of the Housing and
Urban Development Act of 1965, as amended, to aid in financing
a certain public works identified as Project No. WS- TX -06 -59 -1006
and WS- TX -06 -59 -1006 (G); and
WHEREAS, the Government has approved the said application
and has submitted to the Applicant a certain Grant Agreement (the
"Agreement ") for approval and execution by the Applicant, which
said Agreement is satisfactory,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the said Agreement, a copy of which is 1
attached hereto, be and the same is hereby approved. The City
Manager is hereby authorized and directed to execute the said
Agreement in the name and on behalf of the Applicant, in as many
counterparts as may be necessary, and the City Secretary is hereby
authorized and directed to affix or impress-the official seal of
the Applicant thereon and to attest the same. The proper officer
is directed to forward the said executed counterparts of the said
Agreement to the Government, together with such other documents
10830
evidencing the approval and authorization to execute the same as
may be required by the Government.
PASSED AND APPROVED
ATTEST
t
City Secret #y
APPROVED:
THIS 26TH D Y OF APRIL, 1972:
A,�Eity Attorney
this the 26th day of April, 1972.
0
A
MAYOR
THE CITY OF C RP) CHRISTI, TEXAS
i
HUD -1a421
(6 -71)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVEIA111NT
GRANT AGREDSTNT
(Water and Sewer Facilities Grant Program),
Name of Applicant: City of Corpus Christi Project No. WS- TX -06 -59 -1006
302 South Shoreline WS-T9--67- OJAG)
Address: (Include ZIP Code) Federal Contract No.
P. 0. Box 9277
Corpus Christi, Texas 78408
THIS Gf1ANT AGREEMENT dated as of April 11, 1972 by and between the
City of Corpus Christi (herein called *the
"Applicant "), and the United States of America, Secretary of Housing and Urban
Development (herein called the "Government "):
1101W, THEREFORE, THIS AGRFMENT WITIIESSETH:
That for and in consideration of the mutual promises hereinafter contained, the
parties hereto do convenant and agree as follows:
Section 1. Amount and Purpose. Subject to the Terms•and Conditions attached
hereto and made a part hereof, and the provisions•of this Agreement, the Government
will make a Grant to the applicant on account of the Project. The Grant shall in
no event exceed the lesser of (i) 50% percent of the Eligible Project Cost,
not including the cost of relocation payments and assistance, as determined by the
Government on completion of the Project, such cost presently- estimated at $_22.0,500 ,
and the. Government's share of the cost of relocation payments and assistance provided
by the applicant in connection with the Project as specified in Section 5 of this
Agreement, or (ii) $ 110,300
Section 2. DescrdT-ddon of the Pro; ect. The project slice consist of the
extension of sanitary 7-1- serve to serve the three areas of Ciarlw.00d Tpuns ire,
San Juan Subdivision, and McNorton Subdivision which do not have sewer fact i.0 cs
available to them at this time.
(herein called the "Project ")
Section 3. Goveriment Field Expense. The amount of the fixed fee for Goverment
Field expense referred to in Section 33 of the attached Terms and Conditions shall
be $ 1,000
Section 4• Reduction in Grant. The Government shall have the right to reduce
tho ar,,ourt of the Grant upon E;iving the Applicant written ratice, if the Eligible
Project host after award of construction contract is detern-lined by the Government
to be .less than the esti ^ated cost upon which the stipulatedi amount of the Grant vas
based.
Section 5. Relocation Payments. The applicant agrees, to make relocation p3,nonts
and payments for; eligible exr,enses incidental to transfer of title and co ,, donation
litigation, and io provide r-,location assistance to or on be"Jalf of eligible displacees
in accordance with and to the fill extent pc- -r:nfitted by the r*gulations or other require -
ments of the Secretasv of ilcusinti and Urban Development and uilthin tiro. budgetary limits
of this Agreorcnt. Notwit'istanding any other Frovision of this Agreement, the Government
shall provide a Oran"-, to fund the first $25,000 of the cost r„o the applicant of providing
such payments and assistance for each cligill -, displacec, pursuant to such rf :gulations
or other requirements, displaced prior to Jr1y 1, 1972. Cosh s of the applicant for
providing such payyments anti assistance in excess of ::aid $2,000 per eligible displacee
on account, of dis nlacemc.rt occu,cring prior" to July 1, 1972, .and all costs of the
applicant for providing such payments and assistance on ascot nt of displacc: ::ent occurring
on ora.'ter July 1, 1272, shall be treated and ft:nded as are (other ellgi.ble project costs.
Grant Hinds from the total anGunL• if+ereof set forth in t)ccticon 1 of this Agreo=.1it, used
to ELI"-] the cyst of )-clocation payments and assistance in ace, :ordanou with this: Section
of this; Agrc c:ment, M,_ul1 not 1d thout the prior written consenit of the Cccretary of
Housing and Ur•I,an Development, exceed $ - 0 -
4J 2
Section 6. Social Conditions. The Government's obligation to make the
Grant is also subject to the Special Conditions attached hereto and made a part
hereof as Attachment NONE
IN 1dITNESS WIJEREOF, this Agreement has been executed in the name and on behalf
of the City of Corpus Christi
by the undersigned official, and under its official seal, attested by its
City Secretary
and in the
name and on behalf of the United States of America, Secretary of Housing and
Urban Development, by the undersigned official.,
By
Signature
(SEAL)
ATTEST:
i
Signature
Type Name and:Title
Type Name and Title
UNITED STATES U AMERICA-
Secretary of Housing and Urban
Development
By
Title Director, San Antonio HUD Area Office
Date
ATTACIRENT "A"
TIIIIMS AND CONDITIONS
Constituting Part of the Grant Agreement Providing for the Financing
and Construction of Water or Scucr Facilities Under 'title VII of the
Housing and Urban Development Act of 1965, Public Law 89 -117,
August 10, 196.
Section 1. Def:in:i.tionc - -As used in these Terms and Conditions:
"Goveriunent" means the United States of America.
"Project" means the hater or Sever Facilities covered by the Grant
Agreement.
"Grant Agreement" means the contract between the Government and the
Grantee covering the Project and includes both these Terms and
Conditions and any other contract documents attached thereto or
made a part thereof.
"Grantee" means the public entity or entities designated in the
Grant Agrce°:ent.
"Project Cosy" means the cost of construction work for the Project,
cost of necessary arciitectural/ei,-neerin. services, le .-al,
administrative and clerical costs, cost of land acquisition,
necessary travel expenses, interest during construction, and
other necessary :miscellaneous expenses.
"Eligible Project Cost" means the cost of construction, of land
acquired for the project, and of site improvements, all as
detormined by the Go'✓e_ ^ :L :ant.
"Depository" means a bank or trust company which is a member of the
Federal Deposit Insurance Corporation.
"Project Site" means any of the land, rights -of -Dray, easements, or
other interests in land acquired by the Grantee in connection
lrith the development of the site.
"Secretary" neans the Secretary of Housing and Urban Development
or his authorized representative.
Section 2. Prereguisites to Governnent's MI. cations. - -The Government shall be
under no obligation to disburse funds under the Grant-Agreement if:
`(a) Renresentations.- -Any representation made by the Grantee to the
Government in connection with the application, shall be incorrect
or incomplete in any material respect, or the Government determines
that the Grantee has failed to proceed promptly vrlth Project
financing or construction.
(b) COnCnrrence by Goverment.- -The Grantee having submitted to the
Government the documents mentioned in Section 16 hereof, shall have
proceeded uithout havin_- been advised by the Government that the same
are satisfactory; it being the purpose of this provision to insure
that no action ul.11 be taken in the development of the projc;ct which
HUD - 1111,20 (6 -71)
would result in legal or contractual violation rendering it
impossible for the Government to malco the grant hereunder or
the parties to accompli.6h the. objects of Q Agreement.
(c) Prohibited Interests. --•Any official or employee of the, Grantee
who e_cr;rc:iscs any functions or responsibilities in connection zrith
the carrying out of the Project ha,, during his tenure or for three
years thereafter, an interest in any rcal.property included in the
project, or any financial interest, direct or indirect, in any
contract or subcontract perbaini.ng to the project. The Grantee
shall adopt and enforce such measures as are required by Section 33
of these Terms and Conditions to effectuate this provision.
(d) Litigation.- -There is then pending litigation with respect to
performance by the Grantee of any of its duties or obligations
which may jeopardize or adversely affect the Project or this Grant
Agreement.
(e) Performance.- -Any event has occurred which makes the accomplishment
of the Project by the Grartce impossible, improbable, infeasible,
or illegal.
Section 3. Grantee's lends.- -The Grantee shall initiate and prosecute to
completion all proceedings necessary to enable the Grantee to provide its
share of the Project Cost on or prior to the time that such funds are needed to
meet project costs.
Section 4. LoFal I•:atters.- -The Grantee shall take all actions necessary to
enable it to finance, construct, and develop the project in due time, form and
manner as required by lair and the Grant Agreement.
Section 5. Land Acguistion.- -The Grantee covenants and agrees that in acquiring
real property for tl.e project it tirtll be guided to the greatest extent practicable
under State law by the land acquisition policies in Section 301 and the provisions
of Section 302 of the "Uniform Relocation and real Property Acquisition Policies
Act of 1970" and that it will comply with Sections 303 and 304 of said Act.
Section 6. Job Oonortunities for Un -and Under -emz)l ovc d- -Applic ant shall be
responsible for assuring, in accordance with such rules or procedures as may be
prescribed by the Government, that to the maximum extent practicable there are
provided in connection with the construction of this project now job opportunities
for the unemployed and underemployed. In carrying out this responsibility
applicant shall include or cause to be included in all contracts for construction
work in connection with the Project a provision stating that the contractor (1)
shall, to the maximum extent practicable, follow hiring and employment practices
which will assure that performance of Project work results in new job opportunities
for the unemployed and undercm.ployed, and (2) shall insert or cause to be inserted
the same or a similar provision in each construction subcontract.
Sections 7 -8. [RESERVED]
HUD -41120 (6 -71)
y 1
Section 9. 11 ocords, of 11crotiat:i ons: - -Tiic •Grantee covcna ts and agrees that it
wil ?. mair,t;dii complcte and accurate records of all negotiations and oLher
actions affecting acqui.. :Ation of any property in connection with the Project
and such records shall be available for inspections by rcprecentatives of the
Goverment. Such records shall be maintained in one place for a period of at
least three years following completion of construction of the Project.
Section 10. Disburscmont of Grant hinds for Land Acquisition.- -The Grantee
may rcquisit :Lon disburscnaent;ot, account of grant provided in the Agreement
for acquisition of 'land at any time after receipt of the Agreement as needed
to enable the Grantee to make payment as required under Section 5 above, provided
(1) no :impediment exists which would prevent carrying forward of the Projec{ and
(2) the Grantee has a firm and binding commitment for its share of the Project
costs; and (3) the cost of the land 'so acquired is acceptable to the Government.
In the event the Project for any reason is subsequently abandoned, the Grantee
covenants and agrees that it Trill repay any funds disbursed hereunder.
Section ],1. Grant ni.sbursements.- -The Grantee may requisition disbursements on
account of the grant provided in the Agreement at any time. Such requisitions
shall be accompanied by such supporting data as the Government may require. The
Government shall honor, subject to the provisions of the Agreement, such reeu_isitioa
in amounts and at times deemed by it to be proper to insure the eruediticus
-prosecution,and paSraent to the costs of the Project. A11 disbursements by the
Government on acccunt of grant provided in the Agreement shall be deposited dii•ectl;
in the Grantee's designated depository by the Govertl2ent. No request for rev:iCS•;
of a determination of the Goveraxaent affecting 'the grant payable under the Agree-
ment will be considered unless such request is recci.vcd by the Government not
later thanthree months folloi•ring notice to the Grantee of such determination.
Iri no event shall the total amount of grant funds disbursed to pay land and
construction costs exceed 90 percent of the grant amount specified in trn Agree-
ment for such costs until after the Project has been completed and audited, and
the final grant amount determined by the Government.
Section 12. Prereouisites to Disbursements.- -Prior to the Government disbursing
any portion of the grant except as provided otherztise in Section 10 above, the
Grantee shall present satisfactory evidence that:
(a) It has obtained, or can obtain, •a7.1 land; rights -of -way, easements,
permits, franchises, Federal, State, County, and Municipal approvals
required in connection with the construction and operation of the
Project, including approval of the final plans and specifications
by the appropriate State authorities;
(b) It has the funds or a firm and binding commitment to provide its
shares of the Project Cost;
(c) It has deposited into the designated Account, any portion then
available of the funds to be Burnished by the Grantee to meet its
share of the 11roject Cost and that it vill promptly deposit any
remaining portion of its share of the Project Cost in order that all
payments :i.n connection tirith the Project can be made as the same
become due; ,
HUD -41VO (6-71)
(d) The Project can be completed at a total cost satisfactory to .,o
Government: which will be within the amount of funds available
therefor; and
(o) It is able to provide or obtain the provision of all necessary
building or household connections and fecal collection or
distribution laterals as determined by the Government from sources
other than grant funds hereunder.
.,.Section 13. Construction Account. - -The Grantee shall establish and maintain with
designated Depository, or a fiscal agency of the Grantee fixed by law, a
separate account or accounts (herci.n collectively called the "Construction
".::separate
into which shall be deposited any tompora-y loans, Government grants,
and the additional funds required by the provisions of the Grant Agreement to be
furnished by the Grantee in order to assure the pa }..cnt of all Project Costs.
Moneys in the Construction Account shall be expended only for such purposes as
shall have been previously specified in the Project Cost estimates approved by
the Government. TYr_ Grantee shall pay all Project Costs from the Construction
Account.
Moneys in the Construction Account shall be secured by the Depository in the
manner prescribed by statutes relating to the -securing of public funds. !:'here
the moneys on deposit in the Construction Account exceed the estimated disburse-
ments on account of the Project for the next 90 days, the Grantee may direct the
Depository to invest such excess funds in direct obligations of, or obligations
the principal of and interest on mhich are guaranteed by, the United States
Gover wgent, iihich shall mature not later than 18 months after the date of such
investment and which shall be subject to redemption at any time by the holder
thereof.
After completion of construction and payment of all costs of the Project, any
balance in the Construction Account shall remain therein pending determination
by the Government of the total Project Cost and the grant. Such balance shall
be used to refund promptly to the Government any overpayment made i-rith respect
to the grant; any amount thereafter remaining shall be available for disposition
by the Grantee in accordance frith its other contractual agreements, applicable
State or local law or other governing conditions.
Section 14. Prompt Procedure - Fconomic Construction. - -The Grantee covenants
and agrees that it will proceed pro:np'J.y w-ith all matters necessary to the
financing and the development of the Project ; aid that the Project will be under-
taken and developed in such manner that economy will be promoted in such develop-
ment and in the construction work.
Section 15'. Annrovals and Permits. - -The Grantee shall obtain approvals and permits
required by law as an condition precedent to the acquisition, construction,
development, and operation of the Project.
11UD- 11lb20 (6-71)
S
•.:s
Section 16. Sub;nis ^ion of Procccrlinr.i Contract and Mtheil Documents.- -The Grantee
shall submit to the Goveriunent such data, reports, rtccgrds and documents
relating to the financing, construction, and operation a'f the project as the
Government may require. Approval of the Goverrunent ;must be obtained prior to
nn
the assigrent of any interest in or part of airy coru'tract relating to the Project.
Section 17. Constructiion by Contract. - -All work on tlhc Project shall be done
under contract and every opportunity shall be given Eor free, open and competitive
bidding for each and every construction, material, and equipment contract. The
Grantee shall give such publicity by advertisement oar calls for bids by it for
the furnishing to it of work, labor, materials, and equipment as required by
applicable law and as iyill provide adequate competitii.on; and the award of each
contract therefor shall be made, to the lo:rest responsible bidder as soon as
practicable: Provided, that in the selection of equiipment or materials the
Grantee may, in the interest of standardization or uLltir;ate economy, if the
advantage of such standardization or such ultimate economy is clearly evident,
and if pcn-.assible under applicable local lat:, wuard +a contract to a responsible
bidder other than the lovcst in, price. 'The Grantee ;shall prior to the atrard of
a contract, obtain verification from the Goverrmnent•^nroposod contractor is not
debarred from participating in Federally assisted construction activities.
Similar verification is required for subcontracts relating to the Project.
Section la. Chanties in Construction Contract.- -Any P- liange in a construction
contract shall be stiyric�cd to the Gcernment.
Section 19. Contract Security- -The Grantee shall. require that each construction
contractor shall furnsin a performance bond in an w.-,cunt at least equal to 100
percent of his contract price as security for the faithful perforuance of his
contract and also a payment bond in an amount not 1c.ss than 100 percent of his
contract price or in a penal stun not less than that_ prescribed by State, territoria'
or local law, whichever is greater as security for tie payment of all persons
performing labor on the Project under his contract and furnishing materials in
connection *,rith his contract. The performance bon3,and the payment bond may be
in one or separate instro-nents in accordance with laical law.
Section 20. Insurance During; Construction.- -The Grantee shall require that each
of its contractors and all subcontrac:.ors maintain during the life of his contract,
Worlanen's Compensation Insurance, Public Liability, Property Damage, and Vehicle
Liability Insurance, in amounts and on terms satis-factory to the Government.
Until the Project is completed and accepted by the Grantee, the Grantee or (at
the option of the Grantee) the contractor is required to maintain Builders
Risk Insurance (fire and extended 'coverage) on a 100 percent basis (completed
value form) on the insurable portion of the Project for the benefit of the
Grantee the prime contractor, and all subcontractors, as their interests may
appear.
Section 21. Ware Rates. - -The Grantee shall comply math the provisions of tl-c
Act of March 3, 1J37. (Dav-is -Bacon Act) 110 uSC scc. 1276), as amended, and the
applicable rules and regulation.^, issued by the SocrcLai7 of Labor thereunder
which are incorporated herein by reference. The Grantee shall cause to be inserted
}IUD -hlj1 20
5
in cach contract or subcontract subject to the Days:s -Bacon Act the spoci
provisions required by the rcglations of the SecralLary of Labor.
Section 22, ContracE dark Hours. - -The Grantee -,hall ,comply with the provisions
of the Contract Cork Hours SLandards Act 00 UGC sots. 327 -332) and the applicable
rules and regulations issued by the Secretary of Lalbor thereunder which are
:incorporated herein by reference. The Grantee shallL cause to be inserted in
each contract or subcontract subjecE to the Work Ilo=s Standards Act the specific
provisions required by the above regulations.
Section 23. Conoland Act. - -The Grantee shall comply r.•rith the provisions of the
Act (Anti- K:Lckback). Stat. 19ha, as amended, and the applicable rules and
. regulations issued by-[he Secretary rf Labor thercun•dicr which are incorporated
lierei.n by reference. The Grantee ...zll cause to be `inserted in each contract
or subcontract subject to'the Copelr_:.id Act the specific provisions required by
the above regulat-Lons.
Section 24. Payment of T`nployees. ;= he Grantee shalli require of its contractors
that all employees engaged in work oil the Project be paid in full (less deductions
made mandatory by law) not less often than once each week.
Section 25. Accident Prevention.- -The Grantee shall 'require of its contractors
that procaution shall be exercised at all times for the protection of persons
(including employees) and property, and that hazardous conditions be guarded
against or eliminated.
Section 26. Shmcrvision and lnsnecticn.- -The Grantee shall provide and maintain
on its o;m behalf compeTent and adequate architectural or engineering services
covering the supervision and insncction of the devolopment and construction of
the Project.
Section 27• Civil Rights Act of 196!1.- -The Grantee covenants and agrees that it
w111 co,-,,lily withT'itle VI of time Civil Rights Act of 1964 (40 USC 2000d), and
with the rules and regulations (24 CFR, Subtitle A) of the Department of Housing
and Urban Development issued pursuant thereto.
Section 23. Payments to Contractors.- -Hot later than the fifteenth day of each
calendar month the Grantee sha11 make a partial pa}nnent to each construction
contractor on the basis of a duly certified and approved estimate of the work
performed during the precedin-- calendar month by tho particular contractor, but
shall retain until final completion and acceptance of all work covered by the
particular contract a reasonable amount, specified in the contract, sufficient
to insure the proper performance of the contract.
Section 29• Inspection of Work and ofTbcor,-� Maintenance of Records.- -The Grantee
shall require of its contractor- that the Government's authorized representatives
be permitted, and it Trill itself permit them to inspect all work, materials, pay-
rolls, records of personnel, invoices of materials and other relevant data and
records appertaining to the development of the Project. The Grantee shall maintain
proper and accurate financial records, books and accounts .pertaining to the grant
and the development of the Project that brill readily disclose (1) relocation costs,
(2) eligible and iiieligible construction cosLs, and (3) other Project costs, and
shall permit the Government's authorized representatives to examine such books,
lNDAlVO (6 -71) 6
4
records, and accounts including weekly contractors payrolls. The Grantee
agrees to maintain all of the aforesaid data; records and invoices in one
place. for at least a period of three years follow:uig completion of
construction of the Project.
Section 30. Signs.- -Thc Grantee shall cause to be erected at the site of the
Project, and maintained during construction, signs satisfactory to the Government
identifying the Project and indicating the fact that the Government is participatin@
in the development of the Project.
Section 31. Audit. - -The Grantee shall contract at its oym expense for an audit
of the Project by an independent certified or licensed public accountant; a copy
of the contract shall be furnished to the Government; and three copies of the
audit report in substance satisfactory to the Government shall be furnished
promptly to the Government.
Section 32. Government Field El-oense.- -The Government will deduct the amount of
the fired fee for Govervmcnti Field Expenses specified in Section 3 of the Grant
Agreement from the grant.
Section 33. Interest of Public Officials and E_�.inlov_ees.- -The Grantee shall adopt
and enforce measures to assure that no official or employee of the Grantee who
exercise any'furctions or respenoibilities in connection with the carrying out
of tlr! Project has during his tonare, or for three years thereafter, interest
in any real property included inthe Project, or any financial interest, direct
or indirect, in any contract or srubcontract pertaining to the Project. If any
such official or anployee presently oi,ns or controls or in the future acquires
any such interest, he shall immediately disclose it to the Grantee. The Grantee
shall promptly advise the Secretary of the facts and circumstances concerning
any disclosure made to it, and the Secretary shall advise the Grantee of the
action to be taken.
A necessary easement acquired by condemnation or at fair market value shall not
be considered an interest in real property zrithin the meaning of this section.
Section 34. Interest of Third Parties. - -The Government shall not be liable or
obligated under tzfs Agreement to any party other than the Grantee.
Section 35. Interest of Members of or Dcle --aces to Congress.- -No member of or
delegate to the Congress of the Unified States s!iall be admitted to any share or
part of this Agreement or to any benefit arising therefrom.
Section 36. Bonus or Commission. - -By execution of the Agreement, the Grantee
represnts that it has not paid and, also, agrees not to pay, any bonus commission
or fee for the purpose of obtaining an approval of its application for the
grant hereunder, or any other approval by the Government which may be necessary
under this Agreement.
IiUD- hl1t20 (6-71)
Section 37. State or Torritor:iol Iair. -- Anything in the Agreement to the
con lurary notw.i Lhs Lru ding, no thing in the A(;recment shall require the Granteo
to observe or enforce compliance with any provision thereof, perfohmw any other
act or do any oLtier thing in contravcntionc£ any applicable Slate or territorial
law: Provided, That if any of the provisions of the Agreement violate any
applicable State or torritorial law, or if compliance with the provisions of
the Agreement would require the Grantee to violate any applicable State or
territorial law, the Grantee will at once notify the Govcnnunent in writing in
order that appropriate -changes and modifications may be made by the Goverrmo nt
and the Grantee to the end that the Grantee may proceed as soon as possible,
with the construction of the project.
Section 38. Waivers. -- Subject to the applicable Federal law, any liability or
remedy which the Government may have under this Agreement may be waived in
writing by tho Government by a formal waiver and either with or without the
execution of any amendatory or supplementary agreement, if in the opinion of
the Govertunent this Agreement as so modified will still conform to the
provisions and requirements of applicable laws. However, in no event shall the
making by the Goverp_rwent of any grant payment to the Grantee constitute or be
construed as a waiver by the Government of any breach or any default wrhicil may
then exist on the part of the Grantee, including but not limited to non-
compliance with any of the prerequisites set forth in Section 2 hereof. The
making of any such payment shall in no way impair or prejudice any right or
remedy available to the Government writh respect to such breach or default.
Section 39. Termination or Suspension of the Agrecment.- -The Government may
terminate or suspend this Agr.ccmcnu upon the violation of any of the torus
or conditions of tLs Agreement. The GovcrrL -!cnt shall not be limited to
recovery of all or part of the grant for any such violation, but shall also
be entitled to injunctive or other equitable relief as appropriate.
Section 40. How, Arrrerment Affected by Prov:i.sions Being Hold ?n-valid. - -If any
provisions of this Agreement is 'meld invalid, the remainder of tsu.s Agreement
shall not be affected thereby if it is in conformity with the terms and require-
ments of applicable laws.
Section bl. Operation, Sale, or Disposal of the Project. - -The Grantee covenants
and agrees that:
(a). It will operate and maintain the Project, or provide for the
operation and maintenance thereof, to serve the objects and
purposes for which the grant has been made available under Federal
law and the terms of the Grant Agreement.
(b) It will not sell, lease, or otherwise dispose of the Project or any
portion thereof writhout prior mritten approval of the Government.
Such approval will be based upon such conditions as the Government
deems appropriate and may include repayment of all or part of the
grant.
MD -41420 (6-71)
c recodcr of all or part
(c) The Government shall not be l:uiut d to Y 1
of the grant for cnforccmicnt of the rcquircirlonts of this Scction,
but sha.11 also be entitled to injunctive or thcr equitable relief
as appropriate.
r
HUD41420 (6- 71)
9
Attachment
IQUAI. OPPORTUNITY:
Water and Scuer Facilities Grant Program
(F) nual F.mnlo ent Op op rttu�i�v
(I) Activities anal Contracts Not Subject to Executive Order 71211,•
In the cam•yin, out oiuhe r oject, the Applicant will not: discriminate
against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Applicant will take
affirmative action to ensure that applicants are -employed, and that
employees are treated during employment idthout regaa•d to their race,
color, religion, sex, or national origin. Such action shall include,
but not be 1•imv.ted to, the following: employment or recruitment
advertising; layoff or termination; rates of pay or other forms
of conpeni3ation; and selection for training, including apprentice-
ship. The Applicant agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by
the Goverrmmnt setting forth the provisions of this nondiscrimination
clause. The Applicant frill, in all solicitations or advertisements
for employees placod by or on behalf of the Applicant, state that all
qualified applicants cr.'*Lll receive consideration for e;*11105-11cnt
without regard to race, color, religion, sex, or national origin.
The Applicant; will incorporate the foregoing requirements of this
paragraph (1) in all of its contracts for Project work, except
contracts governed by paragraph (2) of this subsection and contracts
i for standard commercial supplies or raw materials, and will require
all of its contractors for such cork to incorporate such requirements
in all subcontracts for Project iark.
( ?_) Contracts Subject to F:cccutive Order 1121x6.- -The Applicant hereby
- -- agrees ia,ai; is frill incorporate or cause to be incorporated into any
contract for construction . :ork, or modification thereof, as defined
in the regulations of the Secretary of Labor at lal CFR Chapter 60,
which is paid for in whole or in part with A,,rds obtal.ned from the
Federal Government pursuant to a grant, contract, loan, insurance,
or guarantee, or undertaken pursuant to any Federal Program involving
such grant, contract, loan, insurance, or guarantee, the following
equal opportuni7ty clause:
"During the performance of this contract, the contractor agrees
as follows:
"(a) The contractor will not discrind.nate against any.employee or
applicant for employment because of race, color, religion,
or national origin. The contractor will take affirrritive
}IUD (6-71)
/ action to •ensure. that applicant;; are emploGecl and tha
employees are treated during employment vithout rcCara
their race, color, religion, sex or national origin. Such
action shall. include, but not be limited to the folloirinL:
employment, up;,rading, demotion, or transfer; recruitment or
recruitment advertising; layoff or tolmination; rates of pay
or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in
. conspicuous places, available to amployces and applicants
for employinont, noLi.ces to be provided setting forth the
provisions of this Equal Opportunity clause.
"(b) The contractor will, in all solicitations or advertisements
for em.ploycos placocl 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.
"(c) The contractor 1:i.11 send to each labor union. or representative
of workers with which ho `:as a collective bargaining agreement
or other contract or understanding, a notice to be provided
advising the slid labor union or -uorkers' representatives of
the contractor's commitments under this Section, and shall post
copies of the notice in conspicuous places available to
°cmployecs arid applicants for employment.
"(d) The contractor will comply with all provisions of Executive
Order 11246 of September 211, 1965, and of the rules, regulation.;,
and relevant orders of the Secretary of Labor.
. "(e) The contractor tr111 furnish all information and reports required
by Executive Order 11216 of September 24, 3.965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto; and trill penait access to his books, records, and
accounts by the Department of }lousing and Urban Development and
_ the Secretary of•Labor for purpose of investigation to ascertain
compliance with such rules, rdgulations, and orders.
I'M In the event of the contractor's noncompliance with the
nondiscriJnination clauses of this contract or Vrith any of
HUD (6 -71)
--3-
the said rules, regulations, or orders, this contract may
be canceled, tcriz� i nated,• or •su :poncled i n whole or in part
and the contracLor may be declared incligib].c for further
Covcrnme nt contracts or federally aosi.sted construction
contracts in accordance i•,-Lth procedures authorized in
hcecutive Order 112116 of September 211, 1965, and such other
sanctions may be ii-posed and remedies invoked as provided
in T.xecutivc Order 112116 of September 24, 1965, or by rules,
regulations, or orders of the Secretary of Labor, or as
otheriri.se provided by lau.
The contractor i-n -11 include the portion of the scna once
immediaLcly precccLi.ng subparagraph (a) and the provisions
of subpar agr. aphs (a) through ([) in every subcontract or
purchase order unless exr-mpted by rules, regulations, or
orders of the Secretary of Labor issusd pursuant to
Section 2041 of lixecutive Order 112!16 of September ?_l1, 1965,
so that such provisions vill he binding upon each subcontractor
or vendor. The contractor •ri.]1 take such action with r,spact
to any subcontract or purchase order as the Department of
Housing and Urban %velopn:ont maY direct as a means of enforc-
ing such provisions, including sanctions for noncompliance:
Provided, halever, That in the event a contractor becories
involvcc? in, or is threatened m*.i.th, 3it:igation with a sub-
contractor or vendor as a result of sucli direction by the
Department of Housing and Urban Development, the contractor
may request the United States to enter into such litigation
to protect the interests of the United States."
The Applicant further agrees that it trill be bound by the above
equal opportunity clause vrith respect to its o:•:n employment
practices whcn it participates in federally assisted construction
tizork: Provided, That if the Applicant so participating is a State
or local. governrent, the above equal opportunity clause is not
applicable to any agency, i.nstru- montality or subdivision of such
governmcnt which does not participate in work on or under the
contract.
(3) Contract for Construction. - -As used in this subsection, "contract
for construction" teeans any contract or agreement for demolition,
site c1caranc:e, site preparation, or rehabilitation, any contract
for the disposition of Project Land, and any contract for construction
on Project Land retained by the Applicant.
HUD
s
•nrorccm.citt Ohl.ivaLionn, of the Ai)p!]c,,tnt---"Zhe Applicant agree. that
it WAI and cooperate Ict,j.vuJY with the D(partilicilL of Housing
and Urban Development and the SccrcLary of Labor in obtaining the
compliance of conl,ract,ors and subconLractoro-irith the equal
opportunity clall,..c and the rules, rcgulabions, and rcicvanL orders
of the Sccrotary of Labor, that it will furnish the Departmailb of
Housinp, and-Urban Develop.Menb and the Secretary of Labor such informa-
tion as they viay require for the supervision of such compliance, and
that it will othoruise assist the Dupartnen• of Housing and Urban
Dcvolopmcnt in the dlsch.ar.vo of the said Department's primary
responsibility for securing compliance.
The Applicant agrees that it ,TLl.1 refrain from entering into any
contract modification subject to E==1a.ve Order 11246 of Sopten"bor 211;
1965, vi•h a contractor debarred from, or who has not dom6nstrated
olfil.gibility for, Government contracts and federally assi6tod
construction contracts pursuant to the above cited FxccLV.j.ve Order
and will carry out such sanctions and penalties for Violation of the
CqU-'1.L 01)POrburitY clause as ro-y-be imposed upon contractors and
subcontractors by the DaparLment of Housing and Urban Daveloprient or
the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the Applicant agrees that if it fails
or refuses to cormly irith these undortakin.gs, the Depart-meant of
Housing and Urban Developri3ni, may take any or all of the following
act-ions: cancel, terminate:, or suspend in wholc or in pal-b this
Contract; refrain from oxt.onding any further assistance to the
Applicant under the Project with respevb to which the failure or
refusal occurred until sEitisfactory assurance of future compliance
has boon received from the Applicant;aand refer the case to the
Department of Justice for appropriate legal proceedings.
HUD (6-71)
%
CORPUS CHRISTI, TEXAS n
,:26M, DAY OF 19
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTF4LY,
v
0
THE CITY OF CORPO C�RIST1, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOS4UEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
GABE LOZANO, SR. Y
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE:
BONNIE SIZEMORE - 5a�_ .
CHARLES A. SONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK