HomeMy WebLinkAbout10840 RES - 05/03/1972JRR:JKH:5 -2 -72; 1ST
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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 CONNEC-
TION WITH THE EXECUTION OF THE GRANT AGREEMENT WITH
THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE CONSTRUCTION OF A TRUNK MAIN (OUTFALL) AND
UNDERGROUND GRAVITY STORIA SEWER COLLECTOR LINE$ IN THE
GARDENDALE AREA OF THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, PROJECT NO. WS- TX -o6 -59 -1017; AND
DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI (THE "APPLICANT") HAS HERETO-
FORE 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 -o6 -59 -1017 AND WS- TX- 06- 59- 1017(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 SATIS-
FACTORY,
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 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 15 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
EVIDENCING THE APPROVAL AND AUTHORIZATION TO EXECUTE THE SAME AS MAY BE
REQUIRED BY THE GOVERNMENT.
10840
PASSED AND APPROVED, THIS THE31,-IJ DAY OF MAY, 1972. 't
ATTEST:
//�l /,,-- , /K
CITY SECRETA Y
P9 PR(yJED:
DAY OF MAY, 1972:
"�'e
% 1 CITY ATTORNEY
�� o 0
MAYOR
THE CITY OF C RP C RISTI, TEXAS
Im
HUD -1a421
(6 -71)
U.S. DEPARTM ;NT OF HOUSING AIM URBAN DEVEI.OP1.01T
GRANT AGREDS14T
(Water and Sewer Facilities Grant Program)'
Name of Applicant: City of Corpus Christi Project No. WS- TX -06 -59 -1017
Address: (Include ZIP Code) Federal ContractXNo6 -59- 1017(6)
302 South Shoreline
P. 0. Box 9277
Corpus Christi, Texas 78409
THIS GRANT AGREEMENT dated as of April 7, 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 "):
NOW, TIrREFCRE, THIS AGR.EF2•fENT WITNESSETH:
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 Governmenr
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,
Dot including the cost of relocation payments and assistance, as determined by the
Government on completion of the Project, such cost presently estimated at $ 609,600 ,
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 $ection 5 of this
Agreement, or (ii) $ 304,800
Section 2. Description of the Project. The project shall, consist of installation
of a trunk main (outi-la-11 5 and collector storm sewer lines -in an area which does no:: presently
have these facilities. The project provides for underground gravity storm sewers in a_
portion of all streets in the Gardendale area. This system would be the collection system for
this area and would be added to with laterals in a future paving program in the area
(herein called the "Project ").
Section 3. Government Field Expense. The amount of the fixed fee for Government
Field expense referred to in Section 33 of the attached Terms and Conditions shall
be $: 2,300
Section 11. Reduction in Grant. The Government shall }:nave the right to reduce
the amount of the Grant upon giving the Applicant written notice, if the Eligible
Project Cost after award of construction contract is determLned by the Government
to be less, than the estimated cost upon which the stipulates amount of the Grant was
based.
Section 5. Relocation Payments. The applicant agrees: to make relocation payments
and paymlents for: eligible expenses incidental to transfer of title and condemnation
litigation, and to provide relocation assistance to or on be'nalf of eligible displacees
in accordance with ,.nd to the full extent per..-attcd by the rr - gulations or other require-
ments of the Secretary of Housing and Urban Development and :c:ithin the budgetai -r limits
of this Agreement. HOt-Jit'lstanding any other provision of tlhis Agreement, the Government
'shall provido a Grant to fund the first $;25j000 of the cost o the applicant of providing
such payments and assistance for each eligihl : displacec, pursuant to such regulations
or oL1r r rcquirements, displ4ced prior to July 1, 19'72. Costs of the applicant for
providinn such payments and assistance in excess of said $25,,000 per eligible di.^.placee
Q) ar.•count of displacement occurring prior'to JiLy 1, 1972, a :ud all costs of the
applicant for previdinl, such payments and assistance on accol _,nt of displacement occurring
on cra ter July 1, 5.?72, c.hy11 be treated and funded as are ether eligible project costs.
Grau1, funds from the total amount {hereof set forth in Icctirtl 1 of this Agreement, usod
to filled the coot of relocation paymlonLs and assi.;tance-in acc:ordanco with this; ;oction
of t.hi :; ATrccment ::hall not. without the prior written consuniu of the Secretary of
11e11sing and Urban Development, ()xenon $ - 0
Section 6.- SP .ai Conditions. The Governmentls obligation to make the
Grant is also sbject to the Special Conditions attached hereto and made a part
hereof as Attachment None
IN WITNESS WHEREOF, 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.,
Signature
o (SEAL) R.' Marvin Townsend City Manager
Type Name and Title
ATTEST:
Signature o
• T. Ray Kring, City Secretary -
(IPype Name and:Title
UNITED STATES Qr AMMCA
Secretary of Housing and Urban
Development
Title Director, San Antonio HUD Area Office
Date
0
ATTAGIJOBI T "A"
TERMS AND COIMITIONS
Constituting Part of the Grant Agreement Providing for the Financing
and ConnLruction of slater or Sever Facilities Under 'Title VII of the
Housing and Urban Development Act of 196 >, Public Law 89-117,
August 10, 1965.
Section 1. Definat:ions. - -As used in these Terms and Conditions:
"Govorronent" means the United States of America.
"Project" means the Water or Sewer 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 Agreement.
"Project Cost" means the cost of construction work for the Project,
cost of necessary architectural /engireerin.g services, 1.e,,al,
administrative and clerical costs, cost of land acquisition,
necessary travel expenses, ' interest -during construction, and
other uecessery miscellaneous eypenses.
"Eligible Project Cost" means the cost of construction, of land
acquired for the project, and of site improvements, all as
dete;n-tined by the Go: ern:^snt.
"Depository" means a bank or trust company which is a member of the
Federal Deposit Insurance Corporation.
"Project Site" means any of the ].and, rights- of -pray, easements, or
other interests in land acquired by the Grantee in connection
with the devel.op;nent of the site.
"Secretary" r..eans the Secretary of Housing and Urban Development
or his authorized representative.
Section 2. Prereouisitcs to Government's Obli.cations.- -The Government shall be
under no obligation to disourse funds under the Grant Agreement if:
`,(a) Representations. - -Any representation made by the Grantee to the
Government . 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 ,rith Project
financing or construction.
(b) Concurrence by Government.- -The Grantee having submitted to the
Government the docu:renis mentioned in Section 16 hereof, shall have
proceeded without having been advised by she Gov - rnment that the. same
are satisfactory; it being the purpose of this provision to insure
that no action vIll be taken in the development of the project which
)w41420 (6-71)
would result in legal or contract•u, violation rendering it
biposniblc foi the Government to malac the grant hereunder or
the parties to accomplish the objects of thi Agreement.
(c) Prohibited Intcrects.-Any official or employee of the Grantee
who exarc:iocs any functions or responsibilities in connection with
the carrying out of the Project has, during his tenure or for three
years thcrcafter, an interest in any real. .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) Li.tigation.- -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 Ic oject by the Grart e impossible, improbable, infeasible,
or illegal.
Section 3• Grantee's I4mds.- -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 ti• Legal Matters.- -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 law and the Grant Aeree:ment.
Section 5. Land Acguiition.- -The Grantee covenants and agrees that in acquiring
real property for tb3 project it 1-rill be guided to the greatest extent practicable
under State la..T by the land acquisition policies in Section 301 and the provisions
of Section 302 of the "Unifoinn Relocation and real fi operty Acquisition Policies
Act of 1970" and that it will comply with Sections 303 and 301 of said Act.
Section 6. Job Ooportunities for Un -and Under - em, nl.oyed --Applicant shall be .
responsible for assuring, in accordance [rich such rules or procedures as may be
prescribed by the Government, that to the maximum extent practicable there are
provided in connection lath the construction of this project neu 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 vith the Project a provision stating that the contractor (1)
shall, to the na>fuium extent practicable, follow hiring and employment practices
which will assure that performance of Project cork results in new job opportunities
for the unemployed and underemployed, and (2) shall insert or cause to be inserted
the same or a similar provision in each construction subcontract.
Sections 7 -8. [RESERVED]
}IUD - 111420 (6 -71)
c_..
section 9. Records of NoroLiatJ.ous.--The,Grantee covcnants and agrees that it
wi1Z mair,La.'ui compleLe and accurate records of. all negotiations and other
actions affocting'acquisition of any property in connection with i.ho Project
and such records shall be awdlable for inspections by representatives of the
Government. 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. Disbursement of Grant hinds .tor Land "Acoui.s-.ition.- -The Grantee
may requisition disbursements ou 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 forvar•d of the Project; and
(2) the Gran Lee 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 idil repay any funds disbursed hereunder.
Section 11. Grant Disbursements. - -The Grantee may requisition disbursements on
account of the grant pro�d_ded in the Agreement at any time. Such requisitions
shall be accompanied by such supporting data as the Government may require. The
Goverment shall honor, subject to the provisions of the Agreement, such requisition
in amounts and at times deemed by it to be proper to insure the expeditious
..prosecution and payment to the costs of the Project. 111 disbursements by the
Government on acccunt of grant provided in the Agreement shall be deposited directly
in the Grantee's designated depositor -i by the Government. Die request for rev:im,7
of a determination of tine Government affecting the grant payable under the Agree-
ment will be considered unless such request is received by the Government not
later thanthree months follo.,ing notice to the Grantee of such determination.
In'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 th Agree -
meet for such costs until after the Project has been completed and audited, and
the final grant amount deter -mined by the Government.
Section 12. Prerequisites to Disbursements.- -Prior to the Government disbursing
any portion o1_1 he grant except as provided othcrtrise in Section 3-0 above, the
Grantee shall present satisfactory evidence that:
(a) It has obtained, or can obtain, all land, rights -of -way, easements,
permits, franchises, Federal, State, County, and ,Municipal approvals
required in connection ::i.th 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 furnished by the Grantee to meet its
share of the Project Cost and that it will promptly deposit any
remaining portion of its share of the Project Cost in order that all
payments in connection with the Project can be made as the'same
become due;
HUD- ltl.1t20 (6-71)
(d) Tho Project can be completed at a total cost satisfactory t. ao
CovernmCnt 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 local collection or
distribution laterals as determa.ned by the Government from sources
other than grant funds hereunder.
..Section 13. Construction Account. - -The Grantee shall establish and maintain with
:.a designated Depository, or a fiscal agency of the Grantee fixed by law, a
:•separate account or accounts (herein collectively called the "Construction
Account ") into which shall be deposited any temporary loans, Government grants,
and the additional funds required by the provisions of the Grant Agreement to be
flu nished by the Grantee in order to assure the payment 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. The 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 accountT 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 ::rich are guaranteed by, the United States
Government, which 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 Goverrment any overpayment made with respect
to the grant; any amount thereafter remaining shall be available for disposition
by the Grantee in accordance i•rith its other contractual agreements, applicable
State or local law or other governing conditions.
Section 14. Promnt Procedure - Economic Construction. - -The Grantee covenants
and agrees that it will proceed promptly with all matters necessary to the
financing and the development; of the Project; aid that the Project vrill be under-
taken and developed in such manner that economy will be promoted in such develop-
ment and in the construction work.
Section 15'. Approvals and Permits. - -The Grantee shall obtain approvals and permits
required by law as a condition precedent to the acquisition, construction,
development, and operation of the Project.
11UD -la420 (6 -71)
� •. if
i ' 1
Section 1G. ;nbm . ^'i on of llrocrcrl:inr_1 Con L! ~tot, and Glhhoii Documents.- -The Grantee
shall submit to the GovertmaouL : ;ucil daLa, reporLs, rLcords and documents
relating to the financing, construction, and oporation of the project as the
Government may require. Approval of the Government Must: be obtained prior to
the assigtmtent of any inL•crest in or part of any contract relating to the Project.
Section 17. Construction by Contract. - -All work on U1e Project shall be done
under contract and every opportunity shall be given for free, open and competitive
bidding for each and every construction, material, Md equipment contract. The
Grantee shall give such publicity by advertisement or calls for bids by it for
the furnishing to it of work, labor, materials, and equipment as required by
applicable lair and as frill provide adequate competition; and the award of cacti
contract therefor shall be made, to the lowest responsible bidder as soon as
practicable: Provided, that in the selection of equipment or materials the
Grantee may, in the interest of standardization or ultimate economy, if the
advantage of such standardization or such ultimate economy is clearly evident,
and if permissible under applicable local tai; award a contract to a responsible
bidder other than the lowest in price. 'The Grantee shall prior to the award of
a contract, obtain verification frog. the Government proposed contractor is not
debarred from participating in Federally assisted construction activities.
Similar verification is required for subcontracts relating to the Project.
Section lb. Changes in Construction Contract.- -Any change in a construction
contract shall be submittcd to the Govornracnt.•
Section 19. Contract Security.- -The Grantee shall require that each construction
contractor shall il:rnish a performance bond in an amount at least equal to 100
percent of his contract price as security for the faithful performance of his
contract and also a payment bond in an amount not less than 100 percent of his
contract price or in a penal sum not less than that prescribed by State, territories]
or local lau:, whichever is greater as security for ti_e payment of all persons
performing labor on the Project under his contract and furnishing materials in
connection yd th his contract. The performance bond and the payment bond may be
in one or separate instruments in accordance with local law.
Section 20. Insurance Daring Constn)ct:on. - -Tho Grantee shall require that each
of its contractors and all subcontractors maintain duzing the life of his contract,
17orlatton's Compensation Insurance, Public Liability, Property Damage, and Vehicle
Liability Insurance, in amounts and on terns satisfactory 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 cotnpl.y With the provisions of the
Act of March 3, 1931 (Davis- flacon Act, 110 USC sec. 1276), as amended, and the
applicable 2-ulco and regulations issued by the Secretary of Labor thereunder
which are incorporated herein by reference. The Grantee shall cause to be inserted
HUDA11t20
in cacti contract or subcontract subject to the Davis -bacon Act the spoci
provisions required by the regulations of the Secretary of Labor.
Section 22, Contract;I•lork hours.- -The Grantee shall comply with the provisions
of the Contract lior•1: hours Standards Act 00 USC secs. 327 -332) and the applicable
rules and regulations issued by the Secretary of Labor thereunder which are
incorporated herein by reference. The Grantee shall cause to be inserted in
each contract or subcontract subject to the Work IIours Standards Act the specific
provisions required by the above regulations.
Section 23• Coneland Act.- -The Grantee shall comply with the provisions of the
Act (Anti- Klcckback ). I16 Stat. 1948, as amended, and the applicable rules and
. rel;ul.ations issued bytie Secretary c£ Labor thereunder which arc incorporated
:+ liercin by reference. Tne Grantee s;111 cause to be inserted in each contract
or subcontract subject to the Copel,..:id Act the specific provisions required by
the above regulations.
Section 24. Payment of N-nloyees — :11he Grantee shall require of its contractors
that all emplcycos engaged in work on the Project be paid in Hill (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 precaution 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. Suoer:ri.sion and Inspecti.on.- -The Grantee shall provide and maintain
on its o;m behalf competent and adequate architectural or engineering services
covering the supervision and inspection of the development and construction of
the, Project.
Section 27. Civil Rights Act of 196!1.- -The Grantee covenants and agrees that it
will comply with Title VI of the Civil nights Act of 1964• (40 USC 2000d), and
with the rules and regulations (211 CFR, Subtitle A) of the Department of Rousing
and Urban Development issued pursuant thereto.
Section 28. Payments to Contractors. - -Ilot later than the fifteenth day of each
calendar month the Grantee shall ra'.ce a partial payment to each construction
contractor on the basis of a duly certified and approved estimate of the work
performed during the preceding calendar month by the 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. Insnection of Work and of?tcorc� Maintenance of Records. - -The Grantee
shall require of its contractors that the Government's authorized representatives
be permitted, and it will itself perm. t them to inspect all work, materials, pay-
rolls, records of personnel, invoices of materials and other relevant data and
records appertainin? 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 ,rill readily disclose (1) relocation costs,
(2) eligible and Ineligible construction cos Ls, and (3) other Project costs, and
shall permit the Government's authorized representatives to examine such books,
IIUDAlh20 (6 -71) 6 .i
records, and accounts including ucekly contractors payrolls. The Grantee
agrees to maintain all rT the aforesaid data; records and invoices in one
place for at least a poriod of three years following completion of
___... construction of the Project.
,t
Soct:ion 30. S:irns.- -The 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 parbicipating
in tlwe dcvolopment of the Project.
Section 31. Audit. - -The Grantee shall contract at its oim 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 Meld Expense.- -The Government will deduct the amount of
the fixed fee for Gover,imont Field Expenses specified in Section 3 of the Grant
Agreement from the grant.
Section 33• Interest of Public Officials and T].mlovees.- -The Grantee shall adopt
and enforce mcasrses to assure that no offic:i.al or employee of the Grantee who
exercise any functions or responsibilities in connection w•rith the carrying out
of t1n Project has during his ter-are, or for three years thereafter, interest
in any real property included inihe Project, or any financial interest, direct
or indirect, in any contract or subcontract pertaining to the Project. If any
such official or employee presently- owns or controls or in the future acquires
any such interest, he shall :Lmne:uately 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 within the meaning of this section.
Section 311. Interest of Third Parties. - -The Government shall not be]iable or
obligated under this Agreement to any party other than the Grantee.
Section 35• Interest of Members _of or P.cler-ates to Congress. - -No member of or
delegate to the Congress of the Unized States shtiLl be admitted to any share or
part of this Agreement or to any benefit arising therefrom.
Section 36. Bonus or Cor fission. - -By execution of the Agreement, the Grantee
represents 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
und-or this Agreement.
HUD411120 (6 -71)
Section 37. State or Territorial I•nw -- Anything in the Agreement to the
contrary notiriLhstandino, noLh•ing :in the Agreement shall require the Grantee
to observe or enforce compliance frith any provision thereof, perform any other
act or do any other Lh.ing in conLraventioncf any applicable .State or territorial
law: Provided, That if any of the provisions of the Agreement violate any
applicable State or territorial lair, or if compliance tirith the provisions of
the Agreement would require the Grantee to violate any applicable State or
territorial law, the Grantee will at once notify the Government in writing in
order that appropriate -changes and modifications may be made by the Government
and the Grantee to the end that the Grantee may proceed as soon as possible
with the construction of the project.
Section 38. llaivers. -- Subject to the applicable Federal law, any liability or
remedy which the Govormrent may have under t1z.-is Agrecment may be waived in
writing by the Government by a formal waiver and either with or without the
execution of any amendatory or supplementary agreement, if in the opinion of
the Government this Agreement as so modified vrill still conform to the
provisions and requirements of applicable laws. However, in no event shall the
making by the Government of any grant payment to the Grantee constitute or be
construed as a v:ativer by the Government of any breach or any default which 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 Govermtent frith respect to such breach or default.
Section 39. Termination or Susnepsion of tho Agreement.- -The Government may
terminate or susuenc this grecmcni; upon the violation of any of the terns
or conditions of th'_s Agreement. The Govcrn-mcnt 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 Agreement Affected by Provisions Beinn Held Tnvalid. - -I£ any
provisions of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if it is in conformity with the terms and require-
ments of applicable laws.
Section 141. 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 frill not sell, lease, or othernise dispose of the Project or any
portion thereof i-rithout prior written approval of the Government.
Such approval w.i.31 be based upon such conditions as the Govornment
deems appropriate and may include repayment of all or part of the
grant.
}ND- h:1.420 (6-71)
debe limited to recor of all p
(c) The Government shall not Y or part
of the grant for crforcuiont of the requirUTicnto of this Section,
'but shall also be entitled to injunctive or ther equitable relief
as appropriate.
0
HUD h1420 (6 -71) -
9
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U. S. Department of iiousi.ng and Uxb:ui Dovbl.op:mnt
i
(F)
}IUD
. • R
Attachment "I1"
I>vUAL ] II'T.OYP;]s1:P OPPOIi.ITHITY:
Water and Sower Facilities Gramb Progrvn
Equal Fmolo' onb Onnortunity
(l)
Activities and Contracts Not Subicet to, Exceitti.vo Order 112M.
In the oarryin(; out of the- Projccb, the llpplic:uit ,ill not discriminate
against any employee or applicant for er:ployrnnt because of race,
color, religion, sex, or national. origin. The Applicant will take
affirmative action to ensure that appl£ cants are employed, and that
employoes are treated during ei �nloy,aent without regard to their race,
color, religion, sex, or national origin. Such action Shall include,
but not be lija;.ted to, the follor:ing: employment or rccrui.tp.:ont
advertising; layoff or terrnjnation; rates of pay or other for-ms
of compensation; and selection for training, including apprer:tice-
ship. The Applicant agrees to post in conspicuous places, available
to employees and applicanbs for onplo;,^.aont, nob:ices to be provided by
the Govorrn::ont setting forth the provis9 ons of this nonLscrimdns:tion
clause. The Applicant :r 11, in all soij.citations or advertisemmnts
for cimploycos pl.a:ed by or on behalf of the Applicant, state that all
.qualified applicants ;rill receive concizlerat.i.on for emr0loy„je:it
without, regard to race, color, rel:i.g.toj�, sex, or national origin.
The Applicant :.:ill incorporate the foregoing require:eats of this
paragraph (1) in all of its contracts for Project ,ork, except
contracts (;overned by paraC•rap}r (2) of this subsection and contracts
for standard commercial Supplies or raze materials, and will regOxe
all of its contractors for Such work to incorporate such requiromcnts
in all subcontracts for Project mrk.
(2) Contracts Sub-lect t ^gcutive Order 112b6 - -Thc Applicant hereby
a r i ll.
i.ncorpo; ate or use to be incorporated into any
contract for construction ::ork, or :codification thereof, as defined
in the rogulati.cns of the Secretary of Labor at lil CFi Chapter 60,
which is paid for in ,hole or in part frith hinds obt.ci.ned from the
Federal Goveriucent pursuant to a grant, contract, loan, insurance,
or guarantee, or undortakcn pursuant to any Federal Progrrun involving
Such grant, contract, loan, insurance, or guarantee, the following
equal•opportwlity clause:
°Dur:ing the porforrLmce, of this contract, the contractor agrees
as fo1L•:•s:
"(a) The contractor will not discriuti.nate against any.empl.oyco or
applicant, for awploy,ccnL because Of race, color, rclLGion, se;:,
or national. origin. The contractor will take a£finrztive
(6-7:1.)
r�
i
ac•Li.on to ensure that a1pli.cant-:s are enpl.oved and that
employees are troated clur.ilrg c:aruloyr^.rlt IrithouL regard to
their race, color, religion, sea: or national origin. Such
acctiwl ,,hall.:i nclude, but not lice limited to tlic fol.l.otr.in , :
mployn:ont, up;,rading, dcmoti.on„ or transfer; recruitaacni: or
rccruitnlont adverti.si.ng; layoff: (or termination; rates of pay
or other forlls of compcnsati.on; 'zind selection for traininS,
including app'entice;:idp. The caontractor agrees to post in
J conspicuous places, available tcD mployees and applicanLs
for enployr —,mb, notices to be prrovided setting forth the
Provisions of this Bqual Opportucnity clause.
°(b) The contractor ul.11, in all so11mi.tatioils or advertisements
for c2rployees placed by or on bm'half of the contractor,
state the,t all qualified apnlica nts trill receive consi.cieration
for employmont ulthout regard ten race, color, i'elij;ioa, sex
or national origin.
"(e) The coutractor trill send to each: labor union or representative
of workers with t•;hich he has a cxdllective bargaining agree ment
or other contract or understan:lisag, a notice to be provided
advising the said labor union or•-workersI representatives of
the contractor's commitments uncrrbr this Section, and shall post
copies of the notice. in conspictwus places available to
ealployees and applicants for cmgl,oy:ierlt.
"(d) The contractor I-ri.11 comply 11Lth :all. provisions of Bxecutive
Order ]12116 of September. 211, 19615., and of the rules, regulations,
and relevant orders of the Secratary of Labor. -
°(e) The contractor trill furnish all- :inforr:ation and reports required
by Executive Order 11216 of Septfi--mbcr 211, 1.965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto; and will pcnxit access 'pro his books, records, and
accounts by the Department of Housing and Urban Development and
`- the Secretary of Labor for purpose•of investigation to ascertain
compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or frith any of
i
. 3
1 .
1
HUD (6 -71)
N
t
r'
the said rules, regulaLions, or orders, this contract may
be canceled, term i natod, or suspcnciccl i n 1;l,olc or in part
and the coni.racLor may be dcclarecl i ncl:igi.b).c for further
Covernjc.rrt contracts or federally assi sit.cd construction
contracts in accordanco frith proccdures authorized in
kbcocutivc Order 112116 of Scptombcr 2.11, 1965, Intl such other
sanctions may be i,:.porcd and remedies invoked as provided
in l.xecut,i.ve Order 11.2116 of September 211, 1965, or by rules,
regulaLions, or orders of the Secretary of Labor, or as
othcrvisc provi.dod by lair.
(g} The contraci.op 1.14.11 include the porLion of the sentence
i.n4iiedi.atcly precccli.ng subparagraph (a) and the provisions
of subparagraphs («) through (g) i.n every - ubrGnt,ract or
purchase order unless excr.ptcd by rules, rcgalations, or
orders of the Secretary of L:,bor issusd plar::uant to
Section 20.; of ?x�:ccutive Order 112116 of September 211, 1965,
so that such provisions will he binding upon each subcontractor
or vondor. The contractor ri.11 t;-" -u such action vith respect
to any subcontract or purchase order as the Department of
Housing and Urban nevelopm.cnt may direct as a means of enforc-
ing such provisions, incl.udi.ng sanctions for noncompliance:
k'r_ovidad; ho:rcver, That in the event a contractor becomes
i.nvolvu' in, or is thrca tensd vi.th, 1.itigatj.o:-, frith <c sub-
contract-or or vendor as a result of such direction by the
DepartcenL of Housing and UI -I=i Develop%ent, the contractor
may request the United States to enter into such litigation
to probcct the interests of the United States."
The Applicant further a3rccs that it will be bound by the above
equal opportunity clause with respect to its o*.•ni e;npl.oyrent
Practices ullon it participates in federally assisted construction
vorlc: Provided, That if tl,e Applicant so participating is a State
or local. govcri,rant, the above equal opportunity clause is not
applicable to any agency, instru_mcnl.al.ity or subdivision of such
government uhich does not parti-cipate in vorlc on or under the
contract.
(3) Contract for Construe t l.on. - -As used in this subsect:i.on, "contract
for construction" means any contract or agrccnont for demolition,
site clearance, site preparation, or r:chabi.litation, any contract
for the di.spos.ition of Project Land, and any contract for constru
on Project Land retained by the Applicant.
Hon (6•-7.1)
• i t'
r'
ction
• f
I '
(11) Rnforcc:ralL QhliraLion; of the Apvlicant. --•Thc Appliclinu agrees that
a.t; ui.11 as isL andcoupercae acitivcly with the Dcp::rcmcnL of ]Iou: i.ng
f and Urban Dcve]opmcnt and the Sccrctal'y of Labor in obtaining the
compli,.nce, of contractors and subcontractor: ;.with the equal
C opportunity clause and the rules, regulations, and rel.evanL orders
of the Sccrotary of Labor, that it bill furnish the Departmmnt of
Housing atid.Urban Development and the Secretary of L!. r such informs -•
tion as they may require for the supervision of such compliance, and
that it, 11111 othcrori.se assist the DopartmenL of Housing; and Urban
++ Dovolopmcnt in the discharge of the said Dopartmcnt's prilcary
responsibility for s ccuri ng compliance.
The Applicant agrees that it L•rill refrain from entering into any
contract modl,ficat:i.on subject. to }i;cecuti.ve Order 1121 6 of September 24,
1965, with a contractor debarred from, or who has not dc.ronstratcd
eligibility for, Cove n%cnt contracts and federally assi..ted
construction contract:; pursuant to the above c1 od 'executive Order
and frill carry out such s ncti.nes and penalties for violation of the
equal opportunity clause as may be imposed upon con' bractors an-1
subcontractors by the Department of Housing and Urban Developraent or
the Secretary of Labor pursuant to rare 11, Subpart D of the
Executive Order. In addition, the Applicant agrees that if it fails
or refuses to cos ply urith these undcrta:cin-;s, the Department of
Housing and Urban Devclop;aerit »x t.a
y ' g
•ce any or all. of the followin
actions: cancel, terninate, or suspend i.n iihole or in part this
Contract; refrain from e::t.cnd:ing any further assistance to the
Applicant wrier the Project with respe�L to which the failure or
refusal occurred until s_tisfactory assurance of future compliance
has been received from the Appl.icanL;and refer the case to the
Department of,Ju;;tice for appropriate legal proceecULngs.
HUD ( 6-- 71
t
J
S
C4
s. r . ._ a .a ... .- ..i sin. >. ,u ..- � . . .. �.r r.. S., - .. :� i�a •.f.•r - •, vq
CORPUS CHRISTI, TE��X_AAS�
�. DAY OF�r ��� V
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; 1, 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.
ESPECTFU Y,
• O
I C
MAYOR
THE CITY OF CORPUS USTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO Bos.YuEz, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZA LES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH - �iLif.V4Xi,L
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK /