HomeMy WebLinkAbout10858 RES - 05/17/1972JRR:vmp .,
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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 STORM WATER SEWER COLLECTION FACILI-
TIES IN THE MAYFIELD- STARLITE LANE THE KOSTORYZ ROAD
AREAS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, PROJECT NO. WSF- TX -06 -59 -1026; 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. WSF- TX -06 -59 -1026; 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 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 evidencing the
approval and authorization to execute the same as may be required by the
Government.
PASSED AND APPROVED, this the ay f May, 1972-
ATTEST: O V
l
Ci y •Secretar MAYOR
THE CITY OF CO CHRISTI, TEXAS
APPROVED:
410-PAY OF MAY, 1972:
City Attorney
DUD -41421
(6 -71)
U.S. DEPARU - -ENT OF HOUSING AND URBAN DEVELDpfIENT
GRANT AGREE[ENT
(Water and Sewer Facilities Grant Program)-
Name of Applicant: City of Corpus Christi Project No. WSF- TTY-06 -59 -1026
Address: (Include ZIP Code) Federal Contract No 6- 59- 1026(G)
302 South Shoreline
P.O. Box 9277
Corpus Christi, Texas 78408
THIS GRANT AGREE -ENT dated as of
May 2, 1972 by and between the
City of Corpus' Christi
M "Applicant , and the Unized States of America Secret (herein called the
Development (herein called the "Government "): °f Housing and Urban
NOW, THEREFORE, THIS AGREE[.fENT WITNESSETH:
v
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 $ 500,200 ,
and the Gover:-nent'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) $ 250,100
Section 2, Description of the Project. The project shall consist of storm
water sewer collection facilities in the Ma field - Starlite Lane and the Kostor z
Road Areas. (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 Ternm and Conditions shall
be $ 1,900
Section 4. Reduction in Grant. The Government shall have 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 determ-Lned by the Government
to be less than the estimated cost upon w la
hich the stipulated of the Grant was
based. _
Section 5. Relocation Payments. The applicant agrees, to make relocation payments
and Payments for, eligible ex_perses incidental to transfer of- title and condemnation
litigation, and to provide relocation assistance to or on be-ralf of eligible displacees
- -in accordance with and to the full extent' permitted by the rreo lotions or other require-
ments of the Secretary of Housing and Urban Development and :v:ithin the budgetary limits
of this Agreement. NOtuithstandinF any other provision of tl_-Us Agreement, the Government
`shall provide a Grant to fund the first $25,o0c of tine cost ito the applicant of providing
such payments and assistance for each eligibl; displaces, purrsuant to such regulations
or otin r requirements, displaced prior to July 1, 1972, Costs of the applicant for
providin; ;uch payments and assistance in excess of said $25,,000 per eligible displacee
on account of disnlacemcnt occurrirh 5''
applicant for proviciiap such g prior to July 1, 1972, tc ;nd all costs of the
on orafter July 1, 1972, shall be treated ands funded as arc o rethcrf eligible eproject ccosts.
Grant funds from the total amount thereof set forth in Scctir:�n 1 of this Agreement, used
to find the cost of relocation payments and assistance in accordance with this Section
Of this A[;rccment :hall not without the prior written conson% of the Secretary of
Housing and Urban Development, exceed $ -0-
2
Section 6. necial 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 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
name and on behalf of the United States of America Secret and in the
Urban Development, by the undersigned official., '' of Housing and
Signature
(SEAL)
(Type 'Name and Title
ATTEST:
Signature
Type Name and: Title `
UNITED STATES OF AMERICA
Secretary of Housing and Urban
i Development
BY
' Date
Title Director, San Antonio HUD Area Office
L.
ATTACIR-lliNT "All
TJgMS AND CONDITIONS
I
Constituting Part of the Grant Agreement Providing for the Financing
-- - - and Construction oC Water or Sower Facilitiics Under Title VII of the
IIouning and Urban Development Act of 196 15, Public Law 89 -117,
August 10, 196.5.
Section 1. Definitions. --As used in these Terns and Conditions:
"Gover;unert" means the United States of Amcrica.
"Project" means tho Water or Sewer Facilities covered by the Grant
Agreement.
"Grant Agreement" means the contract between the Government and the
Grantee covering tho 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 nece-mary arc hitectural. /enE;ineezing services, legal,
- administrative and clerical costs, cost of land acquisition,
necessary travel =,enses, interest during construction, and
other necessary miscellaneous e.- eases.
"Fl.ig:ible Projoct Cost" :r :ears the cost of construction, of land
acquired for the nrgject, and of site improvements, all as
dotemiined by the GvJernie.n_t.
"Depository" means a bank or trusL company which is a member of the
Federal Deposit Insizance Corporation.
"Project Site" means any of the land, rights- of -uay, easements, or
other interests 'in land acquired by the'Grantoe in connection
frith the dcvel.on!�ent of the site.
"Secretary" ;veins the Secretary of Housing and Urban Development
or his authorized representative.
Section 2. prerecmisitc :: to Ga :crr_-nent +s Ob ?i.aations.- -The Government shall be
under no obliga-ion to 6i-burse funcis Under the Grant Agreement if:
`'(a) Renresentat.ions.- -Any rcuresentation made by the Grantee to the
Government in connection ,-th the application, shall be incorrect
or :incomplete in any material respect, or the Government dctel—rdnes
that the Grantee has failed to proceed promptly with Project
financing or construction.
(b) Concurrence by Govermicnt.- -The Grantee having sub,:!!itted to the
Goverr)mcnL rho• eccu: ,isms : ^enti oned in Sec Lion 16 hereof, shall have
proccoded withaut Navin,; been advised by the Go•✓ :.rnrnent that the sa;cc
are satisfactory; it lw-ing, the purl :o: ;o of L•his pr•o-a. ^.ion to - insure
that no action tir.11 I>o t_.kcn in the devolopn;cnt of the projgct :;Nish
IIIID- )11)120 (6 -71.)
S
would result in legal or contractu, iolatilon rcndcr.:inr :it
ijnpos nible for the Government to mak , the ;;rant hereunder of
the parties to accomplish the objccLs of.thi Agreement.
(c) Probibi.ted Tntercnts.- -Any official or employee of the Grantee
who rs aCer �:�y functions or re:.pons:ibMt:ies in connection idth
- -- - --- the carrying out of tine Project has, during his tcmre or for three
years thereafter, an interest in any rcal..proncrLy included in the
project, or any £.inancial interest, direct or indirect, in any
contract or subcontract porLa•ini.ng to the project. The Grantee
shall adopt and enforce such measurcs, as are required by Section 33
of these Terms and Conditions to effectuate this provision.
(d) Li.tif;atL- n.- -There is then pending litigation with respect to
perfor,n_nnce 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 Grart..~ impossible, iruprobable, infeasible,
or illegal.
Section 3. Grantee's Funds.- -The Grantec shall initiate and prosecute to
completion al.l proceedings reccosary to enable the Grantee to provide its
share of the Project Cost _on or prior to the tune that such funds are needed to
meet project costs.
Section h. Legal ia- ters.- -Tho GranLce shall take a0.1 actions necessary to
'enable it toT- :nanco, construct, and develop tine project in clue time, form and
manner as required by lair and the Grant Agreement.
Section 5. Land Aceuietion. -The Grantee covenants and agrees that in acquiring
real properLy £oor .i.e project it ;:i11 be guided to the greatest extent practicable
under State lair by the land acquisition policies in Section 301 and the -orovisicns
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 Opportunities for Un -and i)nder- omol.oyrd -- Applicant shall be
responsible Tor as -s iu: >, in accordance iiiLh Seca rule;; or procedures as may be
prescribed by theGoverument, that to the raa» um =,bent practicable there arc
provided in connection with the coast action of this project now job opportunities
for the unemployed and undcronployed. 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 maxi: u, extent practicable, "ollo:r hiring and employment practices
which will. assure that performance of Iiojcct work results in nvu job opportunities
for the unemployed and underemployed, and (2) sha]1 in:ort or cause to be insertod
the same or a similar provision in each construction subcontract.
Sections 7 -II. [RESIiRVLD]
HUD- )111120 (6 -71) _- -- --
2
Section 9. recordn of ,Grantee covenants and agrees t. pct
rtil7. maintain coml,lc6o and accurate records of ail negotiations and other
actions, affecting acquisition of any property in connection with the Projcet
and such records shall be available for inspections by represontatives of the
Government. Such records shall be maintained in one place for a period of at
loast three years following completion-of construct-i.on of the Project.
Section 10. Dl.sbvrscr:ont of Grant. ]lords .for Land 'Acouis:ition.- -The Grantee
may requisition ca.sburs• -_„ienL;ou account of grant provided in the Agreement
for acquisition of 'land at any time after receipt of the Agreement as needod
to enable the Grantee to make payment as required under Section 5 above, provided
(1) no impediment exists which would prevent carrying foruard of the Project; and
(2) the Grantee has a firm and binding co:nmi{Lment 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 o:ill repay any funds disbursed hereunder.
Section 11. Grant Disbursements.- -The Grantee may requisition disbursements on
account of the gran prof=ited in the Agreerent at any time. Such requisitions
shall be acconpanicd by such supporting data as the Government may require. The
Govern:,ent shall honor, subject to the provisions of the Agreement, such req: ?isitio:
in amounts and at tirncs deemed by it to be proper to insure the expeditious
prosecution and pa;•^;cnt to the costs of the Project.' 121 disbursements by the
Government on account of grant provided'in the Agreement shall be deposited directl,
in the Grantee's desi 6nated d=ository by the Goverxacnt. ::o request for revic�•;
of a dotcrnin. -ation of tiro Goverment affectin; the grant payable under the ..gree-
ment titi'll be ccnsidred unless; such request is received 'by the Government not
later thanihroe months folloesing notice to the Grantoe of such deter:inalbion.
In'no event shall the total waount of grant funds disbursed to pay land anal
construction costs exceed 90 percent of the grant amount specified in the 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. Prereoui sites to Di', sbrrsom:ruts.- -Prior to the Government disbursing
any portion of the g_int exca;t as arovided otherrriso in Section 10 above, the
Grantee shall present satisfactory evidence that:
(a) It has obtained, or can obtain, all land, rights -of. -tray, easements,
permits, franch:i scs, Federal, State, County, and Municipal approval s
required in connection Ath 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 comolitment 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'vill promptly deposit any
remni n.i ng portion of it.; share of the Pro jcc L Co:; L n ardor UTA all
paymcait;; in connection with the Project can be mzde as the : ;:1111c
become clue;
li n -hlh ?0 (6-71)
a
(d) The Project can be completed at a total cost satisfactory c
GovcrnmcnL.whic)Lwill be within the amournt of funds availa,
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 determined by the Government from sources
other than grant funds hereunder.
.•.Section 13. Construction Account. - -The Grantee shoal establish and maintain with
a designated De. itory, or a fiscal agency of the Grantee filed by law, a
separate account or accounts (herein collectively called the "Construction
. ":Account ") into which shall be deposited any temporar^f 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 payment of all Project Costs.
1401lcys in the Construction Account shall be expended only for such purposes as
shall have been previously specified in tho Project Cost estimates approved by
the Government. Thn 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 ii:nds. T,-?here
the moneys on deposit in the Construction Account exceed the estimated disburse-
ments on account of the Project £or the next 90 days' the Grantee may direct the
< Deposiitory to invest s:ch excess funds in-d'irect obligations of, or obligations
the principal of and interest on ::iiich are guaranteed by, the United States
Government, which shall nature not later than 18 mont:hs after lire 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 tl:e Construction Account shall renain therein pending deterlsination
by the Government of the total Project Cost and the grant. Such balance shall
be used to refund proe:ptly to the Government any overpa;, ^.cnt made with respect
to the grant; any zLmount thereafter remaining shall be available for disposition
by the Grantee in accordance ;rith its other contractual agreements, applicable
State or local law or other,govorning conditions.
Section 14. Prompt Procedure - Economic Construction.- -The Grantee covenan,s
and agrees that :U ;tall proceed prc:aptly ;rich alll,aatters necessary to" the
financing and the development of the z oject; aid that the Project frill be under' talcen and developed in such manner that economy will be promoted in such develop-
ment and in the construction work.
Sectiolt 15. Apnrovals and Permits.- -The Grantee shall obtain approvals and permits
required by la:r as a concation precedent to the acquisition, construction,
development, and operation of the Project.
HUD- 1411120 (6-71)
H d
.l
11
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Section 16. sub:aission o'f' Procionclinrr, Contrnc_t rand Cithoil Document. ^. - -The __antee
shAl submit Lo 'tho Govcrlrmcut such oaLa, report,: ;, r-ccor ds and documents
relating to the financing, construction, and operaton of the project as the
Government may require. Approval of the Govorivaont nusi be obtained prior to
the assignment of any interest in or part of any contract relating to the Project.
Section 17. Construction by Contract.- -All work on the Project shall be done
under contract and every opportunity shall be given for free, open and competitive
bidding for each and every construction, material, and equipment contract. The
Grantee shall give such publicity by advertisement car calls for bids by it for
the furnishing to it of uork, labor, materials, and •equipment as required by
applicable la;t and as brill provide adequate, compoti ion; and the award of each
contract therefor shall be made, to the lo: ;ost resperosible bidder as soon as
practicable: Provided, that in the 'selection of egizipmcnt or materials the
Grantee may, in the interest of standardization or ultimate economy, if the
advantage of such standardization or -_•uch ultimate e.cono:ny is clearly evident,
and if permissible under applicable local lat7 a; ;ard a contract to a responsible
bidder other than the lo::ost in price. "The Grantee shall prior to the - :,Tard of
a contract, obtain verification fro, the Government• proposed contractor is not
debarred from participati.n.- in Federally assisted construction activities.
Similar verification is required for subcontracts relating to the Project.
Section lit. Chawcs in Cons' ction Contract—Any change in a construction
contract shall be stibmii. 'Ucd to tha Govorr=ent.
Section 19. Contract Scerwitv -- The'Grantee shall require that each construction
contractor shsfl.l `.'urnisli a perfor ^ante bond in an anount at least equal to 100
percent of his coi'it. act price as security for the foIthful performance of his
contract and also a pay.°ent bond in an amount not loess than 100 percent of his
contract price or in a penal said not Jess than that prescribed by State, territor:ir.
or local law, whichever is greater as security for ._.e payment of all persons
performing labor on the Project under his contract :and furnishin.g materials in
connection i:.ith his contract. The performance bond and the payment bond may be
in one or separate instruments in accordance with local law.
Section 20. Insurance Dur:inr: Construction.- -The GralnUee shall require that each
of its contractor; and all subcontr:.c.•ars maintain -Luring the life of his contract,
Vorlanen's Compensation Insurance, Pabli.c Liability„ Fro;?erty Da_iage, and vehicle
Liability Insurance, in ;counts and on terms satisf.ctory to the Government.
Until the Project is completed and accepted by the ,G�anteo, the Grantee or (at
the option of the.Grantec) the contractor is required to maintain Duilders
H.i.sk Insurance (fire and extended coverage) on a 10:0 percent basis (ccmpletod
value form) on tho inc;urablo portion of the Project. for the benefit of the
Grantee the pricc contractor, and all subcontractor::, as their interests may
appoar.
Section 7l. tI ?pre Rate.. - -Thc Grantcc ;:hall comply with the provisions of U-0
Act of M:mch 3, .Lti,l Davi Bacon Act., )10 U;�C sec. 1270, as Lmondcd, and the
appl.:i.c; b1c rules and rei�ulai..i ons i ::sued by the lecr,otar;; of Labor thereunder
which are incorporated hw-uin by reforcnce. The G-C•anteo shall cause to be in.,xxte,
IiUD- !111120
1.
in each contract or subcontract subject to the Davis- 1Tacon Act the spec.
provisions required by tho regulationo of the Secretary of Labor.
Section 22. Contract 1•lor*k 1lnu i's .- -The Grantee shall comply with the provisions
of the Colctracl l:ork Huurs St,uiclards Act 00 USC secs. 327-332) and the applicable
rulos and regulations issuccd by the SecreLary of Labor thereunder which are
incorporated herein by reference. Tho Crantee shall cause to be inscrLed in
each contract or subcontract subject to the Work Hours Standards'Act the specific
provisions roquircd by the above regulations.
Section 23• Copeland Act. - -The Grantee shall comply vith the provisions of the
Act (Anti- Ki7l:back7 ljd Stat. 191118, as amended, and the applicable rules and
regulat-ions issued bythe Secretary c•.f Labor thereunder which are incorporated
2iereial by reference. The Grantee z'.ill cause to be inserted in each contract
or subcontract subject to the Copcl;..id Act the specific provisions required by
the above regulations.
Section 24. Pay`crt of N- nloyces. he Grantee shall require of its contractors
that all cmplcycos cnCagecl ill ;:ork oil the Project be paid in full (less deductions
made mandatory by law) not less often than once each week.
Section 25. Accident Prevontion.- -The Grantee shall require of its contractors
that procaution s::_` 1. be a.xorc:ised at all tires for the protection of porso;is
(including empioyces) and property, and that hazardous conditions be guarded
against or eliminated.
Section 26. n;rer -ri ion and 1nsnecticn.--•Tnc Grantee shall provide and maintain
on its am belai. coapeTe t all,,,, aoc;ILate 2rchitectura1 or engineering services
covering the supervision and inspection of the develop:ecnt and construction of
the Project.
Section 27. Civil Ri0its Act of 19611.- -Tile Grantee covenants and agrees that it
Brill comply :•rii n Ti Lle ! of c:h-, Civil Rit-cts Act o?_ 19611 (40 USC 2000d), and
with the rules and roC;ulations M CF11, Subtitle A) of the Department of Housing
and Urban Development issued pursuant thereto.
Section 28. Payi ents to Contrac'.;crs.--tlot later than the fifteenth day of each
calendar month tnc Grwr_Lee ma::e a partial payment to eacl; construction
contractor on the basis of a duly ceri,ifi.ed and approved estimate of the :cork
per..foisred during t;ho precedin,� calendar month by the particular contradtor, but
shall retain until final cu% lotion and acceptance of all 1•:ork covered by the
particular contract a reasonable amount, specified in the contract, sufficient
to insure the proper performance of the contract.
Section 29. Tnsp(�ction of'.'o ^i: and of?tror:c Maintenance of Records. - -The Grantee
.,,hall require of its contractors Uhat Lhc Govern::.ent's authorized representatives
be permitted, and it w-.111 itself permit them to inspect ill work, materials, pay-
roll-s, records of personnel, invoices of materials and other relevant ilata and
records app ertainiij!, to the devc1ol.ment of the Project. The Granteo shall maintain
proper and accurate financi ::l record.-;, boo' :s and accounts pertaining to the rl:ant
and thr: do :v(.].ol ;;.C.nt. of the i'rc.,je(;t tlra wil) rowdily (1]selo ; ;e (.l) relocaLi.on co. ;t.;)
(2) c]. :il ;.ih]c :uui .iuc"l i; iule cu1L: :trc!c•L1 c'n cc:,l.s, r,11,1 (3) oti er Project cost:::, and
shall per :,rat the Govcriv ;u lit, Is authorizxd repro. ;cilual'ivcs to exxilino such books,
11IM- 41"0120 (6 -71)
records, and accounts'including ucokl.y contractors raiyrolls. The Grants
at;roos to maintain all of the aforesaid data; rccord!s and invoices in one,
place for at least a period of three years following: completion of
construction.of the Project.
Section 30. Sirns.- -The Grantee shall cause to be ercocted at the site of the
Project, andmciLnLained during construction, signs satisfactory to the Government
identifying the Project and indicating the fact that;, the Government is participatin
in the development of the !reject.
Section 31. Audit. - -The Grantee shall contract at its oim expense for an audit
of Ulu, Project by an independent certified or l.ic=iod public accountant; a copy
of the contract shall. be SLrnished to the Govcrnncnw; and three copies of the
audi.t.rcport in substance satisfactory to the Goverxwant shall be furnished
promptly to the Government.
Section 32. Government Field Ex.oense.- -The Governme -nt uill deduct the amount of
the fixed fee fo. Cover: ,.enr. 'Field Expenses speciiic-:d in Section 3 of the Grant
Agreement from the grant.
Section 33. Tnterest of R:blic Officials and Irolol.ees.- -The Grantee shall adopt
and enforce aca rsea to a s: ire tha-6 no of-:icial or c in)loyee of the Grantee who
exercise any functions or respencibiliti.es in connection %pith the carr;r ng out
'..of the Pr.oject'has. during his tenure, or for three years thereafter, intcrost
in any real property inal.uded in',he Project, or any financial interest, direct
or indirect, in any contract or s.:bcontract peri•ai.ning to the Project. If any
such official or employee presently- o %ns or controls or in the future acquires
any such interest, he shall immediately disclose it to the Grantee. The Grantee
shall pro .mptly advise the Secretary of the facts and circunstancos concerninn
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 i-rithin the meaning of this section.
Section 34. Interest of Third Partics.- -The Coverr_.ent shall not bcliable or
obligated under Liu:is Tgrcc:acnt to any party other than the Grantee.
Section 35. Interest of Maibers of or P.ele-ates to Congress. - -No member of or
delegate to the Congress of the Unitise States sn Ll be aw=��tted to any share or
part of this Agrecnient or to any benefit arising therefrom.
Section 36. Boru, or Ccr_miashon. - -} y execution of the Agreement, the Grantee
rcpresents that it has note paid and, also, agrees not to pay, any bonus co,rmission
or fee for the purpose of obtaining an approval of its application for the
grwit hereunder, or any other approval by the Government which may be necessary
under th1s Agreement.
)IUD•- It1h2O (6-71)
Section 37. State or Tarr -Anr.i al 1.1w. - -Any WO ng• in the Agrccmcnt to the
contrary notirithot,andiin;, noLning, in the Agrccmcnt ::1!:!.11 require the Grautcc
to observe or enforce compliance with any provision thereof, perforvw any other
act or do any other thing in conLravcntior!cf any appl:i.cable State or territorial
law: Prov3dod, That if any of the provisions of the Agreement violate any
applicable State or territorial .law, or if compliance•writh the provisions of
the Agrccmcnt 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 Covcrn:sont
and the Grantee to the end that the Grantee may proceed as soon as possible
with the construction of the project.
Section 35. Waivers. -- Subject to the applicable federal law, any liability or
remedy whiclu t1le Govern.,.ent may have under this Agreement may be waived in
writing by the GovcrrLicnt by a formal waiver and either writh or without the
execution of any amendatory or mappl=.entary agreement, if in the opinion of
Vic Gover!>7!ent this Agrec::ent as so modlfiod will still conform to the
provisions and requirements of applicable l.aw,s. However, in no event shall the
making by the Goverr_°:ont of my grant paym!cnt to the Grantee constitute or be
construed as a waiver by the Governiment of any breach or any default which r.:ay
then err.st on the pa1•L of the Grantee, including but not limit::d to non-
compliance w•rith any of the proroeuisites set forth in Section 2 hereof. The
—making of any such,pay ent shall in no.wray im_p_air or 'prejudice any right or
remedy available to the Government writh respect to such breach or default.
Section 39. Tormination or Susncmr on of thn Aareerent. - -Tine Goverarnent may
terminate or suspcnc -i;f:is ::er.c u::on in^ violation of any of thne teln,s
or conditions of this ;V = rocmcnt. The Govcri ont shall not bo l:Lnited 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. Hou Agreement Affected by Prov.10 ons rein;, Hold Tnvalid. - - -I£ any
provisions of thds .t_ ;1'eG'ent is held invalid, the rrm.a:incier of -ninlgreement
shall not be affected thereby if it is in confor.!it/ with the terms and require-
ments of applicable lairs.
Section lil. Operation, Sale_, or D_ispossa of the Proomt.- -The Grantee covenants
and allees that:
(a) . It will operate and m -intain the Project, or provide for the
operation and maintenance thereof, to serve the objects and
piuposes for which the grant ha:; been made available under Federal
law and the terms of the Grant Agreement.
(b) It will not sell, J.case, or otheruise dispose of the Project or any
portion tl!orcof without prior or.i.tten approval of the Govern.^nt.
Such approval wi.11 be based upon such conditions as the Govern! ent
dooms appropriate and may i.ncludo repayment of all or part.of the
grant.
11111) - 111!20 (6--71)
c The Covoimment shall not be limited i o re-70Jcry of all or part
of the grant for cuforccment of the requ:ircrrlcnts of this 5cction,
but ohL11 also be ent.Lticd to injunctive or ther equitable relief
_._. _. as appropriate.
}IUll- !11!120 (6-71)
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' .•� • • U. S. Ilcpartnlcnt of llou::i.ng and Urban Acvcl.opnrnt
Attac:hlne'nt 11I3,1
1QUAL U- MLOYNNTr OPrOUTUNITY,
-' Water and Scwcr Facilities Grant Program
(F) Eclual Fmoloyment O;tporturity
(1) Activities and Contracts Not Subject to Executive Ordcr ]12116.
In the carrying out of tthhe !'reject, the Appliccutt will not discriminate
against any employee or applicant for employment because of race,
color, rel.i gion, sex, or national, on gin. The Applicant. wi 11 take
affirmative action to ensure that applicants are employed, and that
employces are treated during employ cent writhout regard to their race,
color, religion, sea, or nabioral origin. Such action shall include,
but not be liinited to, the following: employment or rccrui.tr.:ent
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, iticl.uding appret.tice-
ship. The Applicant agrees to post in coruspicuous places, available
to employees and applicants for e.nployment, notices to be provided by
the Governr.eat setting forth the p-_ovisions of this noadi.scrir.:ir_ ion
.clause. The Applicant t'.ill, in all solicitations or advertisements
for ct;:ployces placed by or on behalf of the Applicant, state that all
qualified apply cants wri ll receive consideration for ct,p lol,aent
td thout regard to race, color, reli.glon, sex, or national origin.
The Applicant; -..ill incorporate the foregoing reouircm. -mts of this
paragraph (1) In all of its contracts for Pro;,iect work, except
contracts governed by paragraph (2) of this subsection and contracts
for standard comorcial supplies or raver materials, and will reowze
all of its contractors for such work to incorporate such requirements
in all subcontracts for Project cork.
(2) Contracts Subject to r: ccutive Order 1121(.- -Tate Applicant hereby
agrees ilaa.t it will i.ncorpo?,ate or�causc to be incorporated into any
contract for construction work, or :codification thereof, as defined
in the regulat_i.cns of the Secretary of Lsbor at 1il. MFR Chapter 60,
which is paid for in whole or in part with funds obtained from the
Federal Goverment pursuant to an grant, contract, loan, insurance,
or Iuarantee, or undortaken pursuant to any Federal Program involving
such grant, contract, loan, insurance, or guarantee, the following
equal'opporttn-ity clause:
"nuring the porforrLance of this contract, the contractor agrees
as tollov>:
°(a ) The contractor id 11 not discriminate against any. anpl.oyce or
applicant for cr.:nloytent because of race, color, religion, sea,
or national. origin. The contractor uil.l. take affirmative
HUD
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ilgti 11 to Cnourc that 1pplicaIlb, arc ciitploVed and that
c"'Ployca.: arc treated dlu.i,n,; c:7ployn•]nt. without rcDard to
their race, color, religion, sex or national origin. Such
action 011,11. include, but not be limited to the fol.].otrinz,:
cnployment, up,;rading, demotion, or transl:er; rosy- uitnlent or
recruitnlcnt advcrtisin'; layoff or termination; rates of pay
or other fore±; of coppollsation; and selection for training,
including app,'enLicc;,hip. The contractor agrees to post in
conspicuous places, available to edlployees and applicants
for claployhont, noLi.ces to be provided setting forth the
provisions of this Equal Opportunity clause.
"(b)
The contractor will, in all solicitations or advertisements
for cmlnloyecs placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration
for ernploylrent 1•rithout regard to race, color, religion, sex
or national origin.
"(c)
The contractor n:d.11 send to each labor union or representative
Of 1:orkcrs with vhich he has a collective bargaii-Ling agreement
or. other contract or understanding, a notice to be provided
advising the said labor union or 1•rorkors' representatives of
i:he_ contractor's- coamitments -under this Section, and' shall post
copies of the-notice in conspicuous places available to
elrrployces and applicants for employment,
"(d)
Tile contractor will comply with all provisions of Executive
Order 112116 of Septomiber 211, 1.965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
"(e)
The contractor will furnish all information and reports required
by Executive Order 112116 of September 211, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto; and will permit access to his books, records, and
—
accounts by the Department of Housing and Urban Development and
the Secretar-y'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 tilis contract or with any of
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HUD
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the said rules, rcgulaLi.ons, or orders, this contract may
be canceled, teriai hate:), or •snsper.. i n whole dr in part
and the contractor play be cicclared incJ:igiblc for fuvLhcr
Covcrnr:;nt contracts or federally assi.skd construction
contracts in accordance vLt.h procedures authorised in
li'cecutive Order 112116 of September 2u, 1965, and such other
sanctions may be ir..rposed and - cmed:ics invoked as provided
in ]:xccut.i.vc Order 11A6 of September 2!1, 1965, or by rules,
regulations, or orders of the Secretary of Labor, or as
othervi.oc provided by law.
The contractor w4-11 include the porL•ion of the sentence
•t .
imiediaLely precedi.nu subparagraph (a) and the provisions
of. subparaGr, ap},s (a) thr oui (G) i.n every subcontract or
purchase order un)css exa'rptcd by rules, regulations, or
orders of the Secretary of Labor issuad pursuant; to
Section 204 of j,,xccutive Order 112!16 of September 211, 1965,
so that such provisions will be binding upon each subcontractor
or vendor. The contractor ai.7.1 take such action with respect
to any subcontract or purchase order as the.. Department of
}ious'uig and Urban nevelopment may direct as a means of enforc-
ing such- provisi.crs, •including. sanctions for noncompliance:
2'rovidcd; ho:ie r., That in the event a contractor becomes
i.nvolvc.d in, or is threatened' %ri.th, 7it.i , tion with a sub-
contractor or vendor as a result of such direction by the
Department. of Housing end Urban Developmmt, the contractor
may request the United States to enter iriuo such litigation
to protect the interests of the United States."
The Applicant further agrees that it: trill be bound by the above
equal cpportu_r:ity clause with respect to its om, oPiployr:ent
practices when it participates in -federally assisted construction
t:w'k: Prov:i.ctod, That if the Applicant so participating is a State
or loca). govrrai,r.snt, the above equal opportunity clause is not
- applicable to any agency, instro- ent.ality or subdivision of such
govcmm -unt which does not participate in work on or under the
contract.
(3) Contract. for Construction. - -As used in this subsecLi.on, "contract
for construct..lon" means any contract or agreement for demolition,
site clearance, site preparation, or rehabilitation, any contract
for the disposition of Project Land, and any contract for construction
on Project Land retained by the Applicant.
IIUD
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(14) YnCorce :rout Ohl.i.vat'ion:; of the Ann ?:ream. - -- -The Applicant, agrees that
%Liu W.U. a;;s�sL and cooperate ict,j.voj with the Dcparimcn6 o Housing
i
and Urban Development and the Secretary of Labar in obtaining the
compliance of contractors and suhconLractorc ;.frith the equal
d
opportunity clause road the rules, regulations, and rcl.evanb orders
of the Secretary of habor, that J.t mill furnish the Dcpartm.cnb of
Housing and.Urban Develop en' and the Secretary of Labar such informs-,
tion as they ray require for the supervision of such compliance, and
that it will otharv.,i.se assist the Dc;partmonL of Housing and Urban
tat Development in the disch -rrgc of the said Dopartmcpt's primary
responsibility for securing compliance.
The Applicant agrees that it will refrain from entering into any
contract modification subject to Executive Order 112ii6 of September. 214,
1965, frith a contractor debarred from., or who has not de ;onstratcd
eli.gib-13.1ty for, Government contracts and £edcrally assisted
construction contracts pursuant to the above cited iseecutive Order
and will carry out such sanctions and penalties for violation of the
equal opporbunity clause as may be imposed upon contractors an•I
subcontractors by the Departmenb of Housing and Urban De.velop-CMA or
the Secretary of Labor pursuant to Fart II-, Subpart D of the
4 -- °Fxecutivc Order. -In addition,`the Applicant agrees that if it fails
or refuses to co-,,.ply with these undorta;cings, the Department of
Housing and Urban Developrisnt may tnlco any or all of the follo;*ing
actions: cancel., terni.nate, or suspend in whole or in paft. this
Contract; refrain from oxtonding any further assistance to the
Applicant under the Project with respcc:b to whlLch the failure or
refusal. occurred zAi.l s ntisfacto-ry assurance of future compliance
has been received from the Appli.cant;and refer the case to the
Department of.Justice for appropriate legal proceedings.
Hun
CORPUS CHRISTI, TEXAS
I / .y
y(S ,/DAY, OF j9
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.
SPEC FULLY,
MAYOR
THE CITY OF CO S C RISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES �-
GABE LOZANO, SR.
J. HOWARD STARK