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HomeMy WebLinkAbout10836 RES - 05/03/1972JRR:JKH:5 -1 -72; 1ST . 1 A RESOLUTION APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN SPACE PURPOSES; AND DECLARING AN EMERGENCY. WHEREAS, UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, THE UNITED STATES OF AMERICA (HEREIN CALLED THE "GOVERNMENT") HAS TENDERED TO THE CITY OF CORPUS CHRISTI (HEREIN CALLED THE "PUBLIC BODY") A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSES UNDER WHICH THE GOVERNMENT AGREES TO MAKE A GRANT TO THE PUBLIC BODY TO AID IN FINANCING A PROJECT, DESIGNATED PROJECT NO. OSL— TX -06- 59-1005; AND WHEREAS, THE PUBLIC BODY HAS GIVEN DUE CONSIDERATION TO SAID PROPOSED CONTRACT; AND WHEREAS, THE PUBLIC BODY IS DULY AUTHORIZED, UNDER AND PURSUANT a, TO THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, TO UNDERTAKE AND CARRY OUT SAID PROJECT AND TO EXECUTE SUCH PROPOSED CONTRACT; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE PROPOSED CONTRACT, DESIGNATED "CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSES, CONTRACT N0. OSL- TX -o6 -59 -1005 (G) ", CONSISTING OF PARTS I "AND II, UNDER AND SUBJECT TO THE PROVISIONS, TERMS AND CONDITIONS OF WHICH THE GOVERNMENT WILL MAKE AN OPEN -SPACE LAND ACQUISITION AND/OR DEVELOPMENT GRANT UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, TO THE PUBLIC BODY TO AID IN FINANC- ING THE COST OF A PROJECT, DESIGNATED PROJECT N0. OSL— TX —o6 -59 -1005, SITUATED �- - -- IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, IS HEREBY IN ALL RESPECTS APPROVED. SECTION 2. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE SAID PROPOSED CONTRACT IN TWO (2) COUNTERPARTS ON BEHALF OF THE PUBLIC BODY, AND THE CITY SECRETARY IS HEREBY AUTHORIZED TO IMPRESS AND ATTEST THE OFFICIAL SEAL OF THE PUBLIC BODY ON EACH SUCH COUNTERPART AND TO FORWARD SUCH COUNTERPARTS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TOGETHER WITH SUCH OTHER DOCUMENTS RELATIVE TO THE APPROVAL AND EXECUTION THEREOF AS MAY BE REQUIRED BY THE GOVERNMENT. SECTION 3. THE CITY MANAGER OF THIS PUBLIC BODY IS HEREBY AUTHORIZED TO FILE REQUISITIONS, TOGETHER WITH NECESSARY SUPPORTING DOCUMENTS, 10836 WITH THE GOVERNMENT, FROM TIME TO TIME AS GRANT FUNDS ARE REQUIRED, REQUESTING PAYMENTS TO BE MADE TO IT ON ACCOUNT OF THE GRANT PROVIDED FOR IN THE CONTRACT, AND TO DO AND PERFORM ALL OTHER THINGS AND ACTS REQUIRED TO BE DONE OR PER- FORMED IN ORDER TO OBTAIN SUCH PAYMENTS. SECTION 4. THE PUBLIC BODY AGREES TO ABIDE BY ALL OF THE PROVISIONS, TERMS AND CONDITIONS OF SAID CONTRACT. SECTION 5. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE CITY MANAGER TO EXECUTE THE AFORESAID CONTRACT IN ORDER THAT THE OPEN -SPACE LAND ACQUISITION AND/OR DEVELOPMENT GRANT UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, MAY BE PROCESSED WITHOUT DELAY IN ORDER TO PROVIDE MORE OPEN -SPACE DEVELOPMENT IN THE CITYOF CORPUS CHRISTI, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS RESOLUTION BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO RESOLVED, THIS THE34j --DAY OF MAY, 1972. ATTEST: '57f SELRETA APPROVED: _DAY OF MAY, 1972: G „ 44,W-CITY TTORNEY d 0 MAYOR THE CITY 0 CORPU CH ISTI, TEXAS C UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN SPACE PURPOSES under Title VII of the Housing Act of 1961, as Amended Part I Project No. OSL- TX -06 -59 -1005 Contract No. OSL- TX- 06- 59- 1005(G) THIS AGREEMENT, consisting of this Part I and the Terms and Conditions (Form HUD- 3180b, dated 6- 69)forming Part II hereof (which Parts, together are herein called the "Contract "), effective on the date hereinbelow set out, by and between the City of Corpus Christi (herein called the "Public Body ") and the United States of America (herein called the "Government "), WITNESSETH: ' In consideration of the mutual covenants, promises, and representations contained herein, the parties hereto do agree as follows: SEC. 1. PURPOSE OF CONTRACT The purpose of this Contract is to provide Federal financial assistance to the Public Body in the form of a grant of Federal funds,(herein called the "Grant ") under Title VII of the Housing Act of 1961, as amended, for the purpose of carrying out a certain open -space land project (herein called the "Project ") and to state the terms and conditions under which such assistance will be extended. SEC. 2. THE PROJECT (a) The Public Body agrees to undertake, carry out, and complete the development of that certain land located in the City of Corpus Christi, County of Nueces, State of Texas, and more generally described as follows: Greenwood Park in the Southwest part of the City of Corpus Christi, County of Nueces, State of Texas. The Public Body agrees to develop the Land in the following manner and with the improvements described: A swimming pool complex; pavilion; park maintenance storage yard; multi - purpose pathways; tot lot and play}ground equipment; picnic sites; entry si;•ns anif mnrkers till, land sculj:turir.g and �rad:nr for 27 acres; irri;;atinn sysr.e�rs for ?7 acres• landscroing; seed and fertilizer; footuridge obcr Airport Ditch; and lighting. _ (b) The Public Eody a;;recS to retain said land, n:. develo;oed, for p nont open space putposcs, and the open spacr- a : ;e or usre; of said land :hall bo for park and recreational purp-)50s, conversation of land and other natural reaourco", or historic or scenic purposes. SEC. 3 THE GRANT The Government agrees to make a Brant to the Public Body to assist it in carrying out the Project. The grant shall in no event exceed the lesser of (i) 50 percent of the eligible Project costs, not including the cost of relocation payments and assistance, as determined by the Government, and the Government's share of the cost of relocation payments and assistance provided by the Public Body in connection with the Project as specified in Section 4 of the Contract, or (ii) $269,227 SEC. 4 RELOCATION PAYMENTS The Public Body agrees to maize relocation payments and payments for eligible expenses incidental to transfer of title and condemnation litigation, and to provide relocation assistance to or on behalf of eligible displacees in accordance with and to the full extent permitted by the regulations or other requirements of the Secre- tary and within the budgetary limits of the Contract. Notwithstanding any other provision of the Contract, the Government shall provide a Grant to fund the first' $25,000 of the cost to the Public Body if providing such payments and assistance for each eligible displacee, pursuant to such regulations or other requirements, displace prior to July 1, 1972. Costs of the Public Body for providing such payments and assistance in excess of said 825,000 per eligible displacee on account of displace- ment occurring on or after July 1, 1972, and all costs of the public body for providing such payments and assistance on account of displacement occurring on or after July 1, 1972, shall be treated and funded as.are other eligible Project costs. Grant funds from the total amount thereof set forth in Section 3 of the Contract; used to fund the cost of relocation payments and assistance in accordance with this Section of the Contract shall not without the prior written consent of the Secretary, exceed $ - 0 - ___ SEC. 5. TIME OF PERFOMMNCE The Public Body agrees that it will: Initiate the development activities contemplated under this contract within 6 months after execution of the contract and complete such development activities within 12 months after execution of the contract. SEC. 6 COUNTERPARTS OF THE CONTRACT This Contract may be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. - 2 - SEC. 7 COMPENSATION TO COVE RMIMT FOR ITS AUDITS AND INSPECTIONS The Public Body will compensate the Government for its inspections and audits, provided for iii Sec. 103(B) of Part II of this Contract, a fixed fee in the amount of $2.430 The fixed fee shall be payable at the time the first requisition for a Grant Payment is approved by a deduction of the entire amount of the fixed fee from the first- Grant payment to the Public Body: Provided, that in the event the Grant amount authorized under Section 3 hereof with respect to the actual cost of the Project is increased, the additional fixed fee payable thereby shall be deducted from the next Grant Payment made to the Public Body. IN WITNESS WHEREOF, the Public Body has caused this Contract to be duly executed in its behalf and its seal to be hereunto affixed and attested; and thereafter; the Government has caused the same to be duly executed in its behalf this day of . 19_ CITY OF CORPUS CHRISTI (SEAL) (Type or Print Name) ATTEST: (Title) .(Type or Print Name) UNITED STATES OF MERICA Secretary of Housing and Urban Development By Director, San Antonio HUD area Office - 3 - '- � "ID37II06 U.S. DEPARTMt NT OF HOUSING AND URBAN DEVELOPMENT OPEN SPACE LAND PROGRAM ' CONTRACT FOR GRANT TO ACQUIRE AND /OR DEVELOP LAND FOR OPEN -SPACE PURPOSES UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS APPENDED I Part 11 Terms and Conditions " SEC. 101. USE,OF CERTAIN TERMS Except where the context clearly indicates otherwise, the following terms, as used herein, shall have the meanings ascribed to thcln in this Section: (A) The capitalized term "Secretary" means the Secretary of Housing and Urban Development or the person authorized to act on his behalf. (B) . The term "Contract" means this Contract between the Government and the Public Body, and includes Parts I and H and any additional document or documents incorporated herein by special reference, as well as any amendment. (C) The term "Application" means the written application for the Grant by the Public Body, including any re- visions thereto, together with all explanatory, supporting, or supplementary documents Bled therewith. D Tine term "land" means the interest br interests in real property acquired or to be acquired and /or dcvelo ed b , O P P }" q 9 P }' the Public Body asset out in Section 2(a) of Part I of this Contract and shall include a fee interest or such lesser interests as therein contemplated. (E) The term "Project" means the undertaking and carrying out to completion of the acquisition and /or develop- ment of land for open -space uses as set forth in Section 2(b) of Part I of this Contract. SEC. 102. ACCOMPLISHMENT OF PROJECT The Public Body will commence and carry out the Project with all practicable dispatch, in a sound, economical, and efficient manner, in accordance with the Application and the provisions of this Contract, and will initiate and complete the Project within the time limit specified in Section 5 of Part I of this Contract. Such term may be extended with the written consent of the Secretay. The Public Body will carry out the Project in compliance will, all requirements imposed by o: pur- suant to regulations of the Secretary effectuating Title VI of the Civil Rights Act of 1964 (78 Stal. 241, 252). The Public Body agrees not to discriminate upon the basis of race, creed, color, or national origin in the program or activity for a Lich line Public Body receives financial assistance under this Contract. The United States shall be deemed to be a beneficiary of these - provisions both for and in its o%vn right and also for the purpose of protecting the interests of the community and other parties, public or private, in wlic :a favor or for whose benefit this provision has been provided and shall have the right, in the event of any breach of this provision, to maintain any actions or suits at law or in equity or any other proper proceedings to enforce the curing of such breach. . -1 IIUD -31801i (6.69) . SEC. 103. PROVISIONS RELATING TO ADMINISTRATION (A) Books and Records• The Public Body will keep full and accurate books and records with respect to all matters covered by this Contract, including books and records which permit a speedy and effective audit, and will fully disclose: (I) Adequate title cvidcnce in the form of title policies, Torrens certificates, or abstracts, and attorneys, opinions relating to lbe land or interests in land acquired by the Public Body under this Project; (2) The amount and disposition of both Federal and non -I ederal funds which are provided for the Project; (3) All items of cost clinrgeablc or which are proposed to be charged to the total cost of lure Project; (4) All Project work and undertakings and all contracts which are entered into by the Public Body pertaining thereto; • (5) The families, individuals, and business concerns which are displaced in the carrying out of the Project, the pertinent facts concerning their relocation, and the making of relocation payments therefor; and (6) All proceedings which are taken by the Public Body with respect to any of the preceding items in this Section. ° (B) Inspections and Audits. The Public Body will, at any time during normal business hours, and as often as the Secretary or the Comptroller General of the United States may deem necessary, permit the Secretary and the Comptroller General to have full and free access to all of its books and records with respect to the m cerpts or transcripts mentioned in subsection rip s of this Section, and will permit the Secretary and the Comptroller General to audit, examine, and make ex ts from such books and records, and to review, inspect, and make audits of all Project work, contracts, invoices, materials, pay- rolls, records of personnel, co+iditions of employment, books of accounts, and other documentary data pertaining to such • r. matters. (C) Reports and Information. The Public Body will, at such times as the Secretary'may require, furnish him with periodic reports and statements, and other documentary data and information, as he may request, pertaining to the various matters covercu by this Contract. _SEC. 104. LAND PROVISIONS (A) General Rcqu'rements Concerning Land. The Public Body sluall'. r (1) Take all neces ary steps to remove or abrogate all 1 pally enforceable provisions pertaining to the re- striction of the use of the land it is acquiring and /or developing, upon the basis o[ race, creed, color, or national origin. (2) Include in every agreement, lease, conveyance, or other instrument whereby the land is disposed of, an affirmative covenant binding on the contractor, lessee, grantee, or other party to such instrument and on the sue- ty that there shall be no discrimination upon the ccssors in interest to contractor, lessee, grantee, or other par h basis of race, creed, color, or national origin in the use or occupancy of the land. The covenant shall recite that the United States is a beneficiary of the covenant and entitled to enforce it. (3) Not sell, lease, or otherwise dispose of the land except with the prior written approval of the Secretary. (4) Not voluntarily create, cause„ or allow to be created any debt, lien, mortgage, chargr„ or encumbrance against any of Lire land which in any way will impair or otherwise adversely affect the preservation of said land for the use or uses set out in Section 2(b) of Part I of this Contract. i IUD -3180L (6.69) (5) From time to time duly pay and dischage, or cause to be paid and discharged when the same become due, all la\cs, assossmenls, and other governmental charges which arc lawfully imposed upon any of the land and Which if unpaid may by law become a lice or charge upon said land and thereby impair or othernvisc adversely affect the holding of said land for ilia use or uses set out in Section 2(6) of Part I of this Contract. (6) Faithfully observe and conforn to all valid requirements of any governmental authority relative to the land and all covenants, terms, and conditions applicable to said land. (B) Fair Market Value. The Public body shall take all appropriate steps to assure that ilia consideration it pays for the land does not exceed fair market value at the time of acquisition. 11 the Secretary determines that the consideration paid by the Public Body is in excess of fair market value, for purposes of computing the amount of the Grant, Lhc acquisition cos! shall be reduced by ilia amount of the excess. (C) Special Provisions Relating to Sale or Lease of Land. If the Project proposes that the Public Body Icasc or sell all or put of the land, the Public Body must fist obtain written approval of the Secretary before such leasing or sale is under- taken. Approval toll be given only if such leasing or sale is consistent with the Project and adequate controls are embodied in the lease or deed to assure the preservation of the open -space use or uses of such land as set out in Section 2(b) of Part I of this Contract. (D) Use of Land (1) No change in the use of the land to a use other tbut the opcn -space uses set out in Section 201) of Part 1 of this Contract will be pcunitled without the prior written approval of the Secretary. Before such approval will be given, the Public Body must demonstrate to ilia Secretary's satisfaction that: (a) The conversion is essential to the orderly development and growth of the urban area involved; (b) The conversion is in accord with the comprehensively planned development of the urban area; and (c) The open-space land is being or will be replaced, without cost to the Federal Government, by other t Open-space land of al least equal fair market value at the time of conversion, and of as nearly as feasible I equivalent usefulness and location (2) The Public Body shall not discriminate upon the basis of race, creed, color, or national origin in the sale, t (case, or rental or in the use or occupancy of the land or any improvements erected or to be erected thereon, or any t part thereof. l (3) The Public Body shall not restrict the use of the land, as developed, on the basis of place of residence, i - except that a reasonable fee charged nonresidents over and above any fee that may be charged residents shall not be interpreted as a restriction of the use of such land. (Is) Transfer of Public Body's Interests it,, Land to Another Public Body. Before the Public Body transfers its interests in the land to another Public Body, it shall require its transferee to enter into a contract with the Secretary agreeing in writing to be bound by all of the applicable terms and conditions of this Contract. SRC. 105. PAYMENT OF GRANT (A) Advance or Progress Payments, Under or subject to such conditions as the Government may, in writing, specify which arc not inconsistent with applicable law, the Covernment may, in its discretion, snake advance or progress payments to n the Public Body on account of ilia Grant, or on account of the increase with respect to (lie Grant provided for in Section 4 of Part I of this Contract, at such time or times prior to the completion of the Project and We final determination of the total HUD -31M - (6.69) cost thereof as, in view of lire status of the Pruject and the matters relative thereto, the Government may deem appropriate, but no such advancd or progress payment will be made unless and until ilia Public Bad), shall have filed its written request with lbc Secretary for such advance or progress payment: Provided, That the Public Body is not in- default on any of the terms of this Contract. The Public Body shall deposit such advance payment funds in a baik or banks which are members of ilia Federal Deposit Insurance Corporation. (B) Acquisition for Grant Payment. The Public Body shall file its requisition for payment of Crant, including lire increase provided for in Section h of Part f of this Contract, on u form or forms prescribed by ilia Secretary. Such requisition shall ])a accompanied by the Public Body's certification of pugnoses,'dmnonstraling the need, at the time, for the funds requisitioned; that the amount sought is reasonable; and that ilia purposes for which it proposes to expend the funds are within the pun iew of this Contract. (C) Acquisition, Development, and Demolition Costs. Payment of the Grant prodded for in Section 3 of Part I of this Contract shall be based on acquisition, demolition, and development costs which have been determined by the Secretary ascligible Project cons, in the light of applicable Federal law and in accordance with the Secretary's rules and regulations implementing that law. Tire acquisition costs shall not include (1) ordinary State or local governmental expenses; (2) costs of acquiring land located outside the urban area for which ilia Public Body exorcises (or participates in tiro exercise of) open -space responsibilities; (3) the cost of land acquired prior to the notification of the Public Body- by the Secretary of his approval of the Application or of the acquisition of such land; or (h) Lite cost of land acquired with the assistance of funds received di- rectly or indirectly from the Government, or any agency or instrumentality thereof, other than under the terms of this Con- tract. The daelopment cost shall include only those costs which are necessary to prepare the land for open -space use and shall not include (1) the cost of development undertaken prior to the notification of Lite Public Body by the Secretary of his approval of ilia Application or of the development of the land or (2) the cost of specialized major recreation facilities. The demolition cost shall include only those costs which are necessary for the demolition and removal of buildings and structures from developed land acquired as part of the Project. I SEC. W. LABOR AND CONSTRUCTION PROVISIONS (A) Contract and "Force Account" Work. The Public Body may elect to carry out any necessary demolition, con - struction, or development activities as a part of the Project by uti!ization of its civil empldyecs or it may have such work done under written contracts let by it. Any contracts entered into for Project work shall contain appropriate provisions to require compliance with all applicable Federal laws and regulations pertaining to such contracts, to the work to be performed there- under, and to the persons employed in Cite carrying out of such contracts. (B) Competitive Bidding. The Public Body- will give full opportunity for free, open, and competitive bidding for each contract to be let b) it calling for construction, demolition, or other similar work, as a part of the Project, or for the -furnishing of any materiais, supplies, or equipment for or use on, the Project and will give such publicity to its advertisements or calls for bids for each such contract as will provide adequate competition; and Lite award of each such contract, when made, will be made by it as soon as practicable to the lowest responsible bidder: Provided, That in Lite selection of such materials. equipment, or supplics, Lite Public Body may, in the interest of standardization or ultimate economy, if the advantage of such i standardization or such ultimate economy is clearly evident and an appropriatc provision for such action is included by it in the proposed contract documents upon which bids are invited, award a contract to a responsible bidder other than the lowest in price: Provided further, That purchases of such materials, equipment, or supplies in amounts of S2, 500 or less, and con- tracts in annomnls of S2,500 or less calling for construction, demolition, or other similar work, as a part of ilia Project, maw, except where contrary to the requirements of State or local law, be made from time to time by Lite Public Body without negotiation or competitive bidding and without observance of line other provisions of this subsection. 1 (C) Provisions To Be Included in Certain Contracts. Before the Public Body receives bids or proposals for, or other- wise negotiates for, a proposed contract which calls for the performance of any work on the Project which will entail, fur such 1 work „the employment by the conitactor or his subcontractors of laborers or mechanics, the Public Body shall include in the proposed contract documents appropriate wage schedules (including applicable wage determinations of ilia Secretary of Labor, •4• ID-3180b (6.69) United States Department of Label) and other provisions which are cousislemt with the provisions embodied in that document enlillcd "Federal Labor Standards Provisions" attached hereto marked IIUD -3200 and made a parl•hcreof. Such schedules, wage determivatiohs, and other pros isions, as included in such proposed coirnact documents, shall also be included in the contract docuuenIs as executed. The Public Body rill include in each contract mentioned in the 1preceding sentence of this subsection in appropriate provision requiring the contractor to insert in 'each of his subcontracts which will entail the employ- ment by such subcontractor of laborers or mechanics, as aforesaid, wage and other provisions which are consistent with such contractor's contract with the Public Body. (D) S(nte or focal Laws Concerning Wage Ratcs for Laborers and Mechanics. if Stale or local laws require that laborers or mechanics who are employed by the Public Body's contractors, or by such contractors' subcontractors, in the development of the Project, be paid not less than the wages which arc established pursuant to such laws and if such wages so established are higher than the wages which are determined by the Secretary of Labor, United States Department of Labor, pursuant to the aforesaid Davis-Bacon Act, to he the wages prevailing in the locality in which the Projcct is situated, nothing in this Contract is to be construed as intended to relieve the Public Body of its obligation, if any, to require payment of such higher rages. - i (G) Equal Employment Opportunity (1) Activities and Contracts Not Subject to Executive Order 11246. In the carrying out of the Project, the i Pubic Body will not discriminate against any employes or applicant for employment because of rue, color, ( religion, sex or national origin. The Public Body will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex or national t e origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; 1 recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and sl ' selection for training, including apprenticeship. The Public Body agrees to post in conspicuous places, available to enrplo)-ccs and applicants for employment, notices to be provided by the Government setting forth tlnc provisions of this nondiscrimination clause. The Public Body will, in all solicitations or advertisements for employces placed by or on behalf of the Public Body, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex orrnational origin. The Public Body will incorporate the foregoing re- quircutents of this subparagraph (1) in all of its contracts for Project work, except contracts governed by subparagraph i (2) of this Section 106(E) and contracts for standard commercial supplies or raw materials, and will esquire all of its contractors for such work to incorporate such requirements in all subcontracts for Project work. 1 (2) Contracts Subject to Executive Order 11246. The Public Body hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regula- tions of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from t the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insur- ance, or guarantee, the following equal opportunity clause: jDuring the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any ennploycc or applicant for employment because of t race, color, religion, sex, or national origin. The contractor will take affirmative action to insure that 1 applicants are employed, and that employees are treated during employment without regard to their race. color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: ennploy- ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination: rates of i - pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees ,1 to post in conspicuous places, available to employees and applicants for employment, notices to be provided :j by the Public Body setting forth the provisions of this nondiscrimination clause. i -5. HUD-3180b (6.0) (2) The contractor will, in all solicitations or ndvertiscments for employees placed by or on mchnlf of the contractor, state that all qualified applicants will ueccive consideration for employment without regard to race, color, religion, sex, or national origin.* (3) The contractor will send to each labor union or representative of works s with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or work cis' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous 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 relevant orders of the Secretary of labor. (5) Tile contractor will furnish all information and reports required by Executive Order 11296 of September 24, 1965, and by lite u tiles, regulations, and orders of the Secretay of Labor or the Secretary of }lousing and Urban Development, or pursuant thereto, and will permit access to his books, records, and ac- count --, by the Public Body, the Secretary of dousing and Urban Development, and ilia 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 nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for fill Cher Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11296 of Septem- ber 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order ,11296 of September 2.1, -1965, or by rile, regulation, or order of Lite Secretary of Labor, or as otherwise pro- vided by law. (7) The contractor will include the portion of the sentence inuuodiately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will Se binding upon each subcontractor or vendor. The con- tractor will take such action with respect to any subcontract or purchase order as the Public Body or ilia Sec- retary of Ilousing and Urban Development may direct as n means of enforcing such provisions, including sanc- tions for noncompliance: Provided, hovrcvcq That, in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Public Body, the contractor may request the United States to enter into such litigation to protect the interests of Lite United States. The Public Body 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 Public Body so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in wort: on or under the contract. The Public Body agrees that it will assist and cooperate actively with the Secretary of Housing and Urban Development 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 Secretary of dousing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the Secretary of hous- ing and Urban Development in the discharge of his primary responsibility for securing compliance. •6- Ht b .. .• .. - 16.69) The Public Body further Wecs that it will refrain from entering into any contract or contract nuodifica- lion subject to Executivo Order 112.16 of September 2.1, 1963, .vith a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally a,sisled 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 Secretary of Ilousing and Urban Dc- velopmcut or the Secretary of Labor pursuant to Part. 11, Subpart D of the Executive order. In addition, ilia Public Body agrees that if it N116 or refuses to comply ++iLh these undertakings, the Secretary of Housing and Urban Development may take any or all of the following actions: Cancel, tcrminatc, or suspend in whole or in part this grant contract; refrain from extending further assistance to the applicmit under the program with respect to which lire failure or refusal occurred until satisfactoy assurance of future compliance has been rc- ceived from such Public Body; and refer the case to ilia Department of J u;tice for appropriate legal proceedings. SEC. 107. DEFAULTS AND REMEDIES (A) Termination or Suspension of Contract. The Government may terminate or sus=pend this Contract at its dis- cretion upon the happening of any of the following: (1) The failure of the Public [body to complete lire Project within the time prescribed in Section 5 of Part I of this Contract; I (2) The making of any misrepresentation by the Public Body in its Application or in the furnishing of any information to the Secretary, (3) The violation of any of ilia terns or conditions of this Contract;. (4) Any event which makes the accomplishment of the Project by the Public Body impossible, improbable, infeasible, or illegal; or r. I (5) The commencement of any litigation challenging the performance by lbc Public Body of any of its duties or obligations which may jeopardize or adversely affect the Project, this Contract, or the Grant. (B) Forfeiture of Grant (1) If the Public Body should cl+angc the use of the land from the use or uses designated in Section 2(b) of hart I of this Contract without the prior written approval of ilia Secretary, or should it transfer its interests in the land to another Public Body without requiring the transferee to execute the contract with the Secretary provided for by Section I04(E) of this Part II, ilia Public Body shall at the request of the Secretary repay to the Government the amount of the Grant. (2) For any other violation of any of the terms of this Contract, the Secretary may, in addition to such other remedies as may exist at law or in equity, require repayment of all or part of the Grant to the Government. (C) �'heu Rights and Romedics not Waived. In no event shall the making by the Government of any Grant payment to ilia Public Cody consli!utc or he construed as a waiver by the Government of any breach of covenant or any default which may then exist on the pact of the Public Body, and the making of any such payment by the Government while any such breach or default <_ha11 exist shall in no +vise impair or prejudice any ri lit or remedy available to the Government in respect of such breach or default. .7. . Hua- ateot, (6,6a) SEC. 10 3. WSCELLANLOUS PROVISIONS (A) Interest of Public Body Perso icl and Other Local Public Officials. The Public Body shall adopt and enforce measures to as ure thst no member obits _.orating l odp mil no other of)lcer m employee of the i ublic Body and no member of the governing body or other public official of any other local public body in the urban area in which the Project is situated, who exchcis" any functions or responsibilities in correction with the carrying out of the Project, shall, prior to the connple. lion of the Project, voluntarily acquire any personal interest, direct or indirect, in any property included in the Project or in any contract or proposed contract in connection with ilia undertaking of the Project. if any such in employee, or officer presently owns or controls, or in the fulmc involmttarily acquires, any such personal interest, he shall immediately' disclose such interest to the Public b'ody. Any nambeq employee, or officer who shall have or acquire such interest shall not participate in any action by the Public Body affecting the undertaking of the Project, unless the Public Body shall dc- termine that, in the light of the personal interest disclosed, the participation of such individual in any such action would not be contrary to the public interest. The Public Body shall promptly advise the Secretary of the facts and circumstances con- cerning any disclosure made to it pursuant to this provision and the action taken by the Public Body upon being made aware of said facts and circumstances. (B) Interest of Certain Federal Officials. No Member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise from the same. (C) Bonus or Connnnission. The Public Body shall not pay any bonus or commission for the purpose of obtaining the Secretary's approval of the Application or any other approval by the Secretary which may be necessary under this Contract. (D) Government Not Obligated to Third Parties. The Government shall not be obligated or liable under this Con- tract to any party other than the Public body. (Ii) llow Contract Affected by Protisions Being ifeld hhv did. If any provision of this Contract is held invalid, the i remainder of this Contract shall not be affected thereby if it is in conformity with the terms and requirements of applicable law. (F) Provisions Concerniq Certain Waivers. Subject to applicable Federal law, any right or remedy which the Government may have under this Contract may be waived in writing by the Government by a formal waiter and either with or without the execution of an amendatoy or supplementary agreement, if, in the judgment of the Go%crnmcnt, this Contract, as so modified, will still conform to the provisions and requirements of applicable laws. 215395 -P (Rev. 6.69) HUD- Wash., D.C. CORPUS CHRISTI, TEXAS 15LI C/ DAY OF , j9 /oCJ 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. RE LILLY, O • MAYOR THE CITY OF RP C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE $12EMORE CHARLES A. BONNIWELL ROBERTO BosQUez, M.D. REV. HAROLD T. BRANCH G THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: BONN I E $ I ZEMORE �C�� .L/ CHARLES A. BONNIWELI R %j—a�- Il L ROBERTO Bosouez, M.D. -la44c__) REV. HAROLD T. BRANCH • THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK