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HomeMy WebLinkAbout15015 ORD - 07/25/1979AN ORDINANCE APPROVING AND ACCEPTING THE FUNDING AGREEMENT OFFERED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, NO. B -79 -MC -48-0502, AND DIRECTING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED THERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be authorized to approve and accept, for and on behalf of the City of Corpus Christi, the funding agreement offered by the Department of Housing and Urban Development for the Fifth Year Community Development Block Grant Program, No. B -79 -MC -48-0502, a substantial copy of which agreement is attached hereto and made a part hereof, marked Exhibit "A". The City Manager is further authorized to execute all documents related to the aforesaid program. SECTION 2. The necessity to authorize approval and acceptance of the funding agreement and to authorize execution of related documents in order that the aforesaid program may continue 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 that such emergency and necessity exist, and having requested the suspen- sion of the Charter rule and that this ordinance 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 ORDAINED, this the o2� day of July, 1979. ATTEST: .W..2.„?� ty Secretary APPROVED: as DAY OF JULY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By A af&ity Atto Q y THE C111' OF CORPUS CHRISTI, TEXAS 15015 MICROFILMED An 27I�ga ( Ca/_ ei-r 7;:aii@rk'//W I'.c�, cr.r cy , U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT , COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING APPROVAL UNDER TITLE 1 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (Public Law 93-383), AS AMENDED 1. NAME OF APPLICANT — City of Corpus Christi, Texas 2. APPLICATION/GRANT NO. B-79—MC-48-0502 3. APPLICANT'S ADDRESS (Include 5neel. City, County, State and Zip Cade) Post Office Box 9277 Corpus Christi, Texas 78408U County of Nueces A. DATE OF APPLICATION March 29, 1979 5. GATE OF HUD RECEIPT OF APPLICATION May 17, 1979 Lyd Original Funding Approval (_) Amendment. Amendment No. All section references below are to the Housing and Community Development Act of 1974 as amended unless otherwise indicated. 7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION (Check only one) a. ® Metropolitan Entitlement (Sec. 106) b. ID Metropolitan Discretionary (Sec. 106) c. D Non -Metropolitan Entitlement (Sec. 106) d. ED Non -Metropolitan Discretionary (Sec. 106) e. ❑ Secretary's Discretionary (Sec. 107) 1. ❑ Categorical Program Settlement Grants (Sec. 103(b)) B. AMOUNT OF COMMUNITY DEVELOPMENT BLOC(( GRANT FUNDS APPROVED a. Amount of CDBG Funds Currently Reserved for this Applicant $5,228,000 b. Amount of CDBG Funds Now Being Approved for this Applicant • s5,228,000 c. Amount of Reservation to be Cancelled (Line 8a minus 8b) S —0— HUD ACCOUNTING USE ONLY EIZEI MEM PROGRAM YA REG OOCUMENTNO PROJECT NUMBER — 5 III fill - - _ 000.. " 7082 e 2A A5 A5 CATEGORY AMOUNT 1 EFFECTIVEOATE F AMOUNT2 SCHEDULE I 1 1 1 1I NO. 3e 41 e5 50 5e 60 01 65 70 74 70 9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT a. Grant Amount Budgeted by Locality for Repayment of Urban Renewal Loans $ —0— b. Grant Amount Withheld for Payment of Principal and Interest on Loans Guaranteed Pursuant to Sec. 1086 —0— c. Grant Amount Deducted by HUD to Settle Outstanding Utan Renewal Loans (Sec. 112 (a)(1)) S —m— d. Sum of lines 9a, 9b, and 9c S —0— e. Amount of Approved CDBG Available for Disbursement (Line Sb minus 9d) S 5,228, 000 Prsria,s Editions are Obsolete HUD -7082 (B-78) / x "4" 10. AMOUNT OF SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILABLE (S.. 112(b0 a. Amount of Surplus U.R. Funds Reserved for this Applicant $ —0— b. Amount of Surplus U.R. Funds Now Being Approved $ —0— c. Balance of Surplus U.R. Funds Available for Future Use (Line 10a minus 1061 $ —0- HUD ACCOUNTING USE ONLY BATCH TAC PROGRAM Y A REG AREA OO CUMENTNO. PROJECT NUMBER 5 153 7082 l� 12 9 12 13 14 16 18 23 30 35 AMOUNT 1 EFFECTIVE GATE F AMOUNT 2 SCHEDULE NO. 1111 41 45 50 54 60 61 65 70 74 79 11. MAXIMUM AMOUNT OF LOAN GUARANTEE COMMITMENT AVAILABLE AND AMOUNT NOW BEING APPROVED - a. Applicant's Latest Entitlement Amount - $ -0- x 3 S -0- b. Grant Amount Required by HUD to be Applied to Urban Renewal Loans S -0- c. Amount of Outstanding Loans (Including Principal and Interest Thereon) Guaranteed Pursuant to Section 108 $ -0' d. Amount of Outstanding Loan Guarantee Commitments Approved Pursuant to Section 108 $ -0- e. Maximum Amount of Loan Guarantee Commitment Available (Line lla minus llb, Ilc, and 11d) $ -0- f. Amount of Loan Guarantee Commitment Now Being Approved $ 12. RECIPIENT OF LOAN GUARANTEE(Cheek Applicable Box) a. El Applicant Identified in Block No. 1 b. ❑ Public Agency Designated by Applicant as Grantee to Receive Loan Guarantee (Name and Address) N/A • HUD -7082 (8-781 13. Waiver of Certain Application Requirements for Section 106 Grants ❑ The application requirements of Section 104(a)(1), (2) and (3) are waived pursuant to Section 104(bX3), except 1 as indicated below: NONE 14. Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities ❑ HUD has determined that the activities described in the application as supporting community development needs 1 having a particular urgency, as specifically described in the application, are designed to meet such needs. 15. Environmental Review Actions (a) ❑ The Applicant lacks legal capacity to assume environmental responsibilities under Section 104(h). HUD has prepared and circulated a final Environmental Impact Statement on the application. (b) ® The Applicant has legal capacity to assume environmental responsibilities under Section I04(h) and has 2 submitted requests for release of funds and certifications approved by HUD under Section 104(hX2) for all projects which are subject to the environmental review requirements of 24 CFR Part 58 and require HUD release of funds, except those listed under Item 16(a) hereof. 16. Conditional Approvals on Use of Funds The obligation or utilization of funds for the activities shown below, except as provided under subsection (a), is pro- hibited without the further express written authorization of HUD. (a) Projects requiring HUD written release of funds under Section 104(hX2): (However, funds may be obligated or utilized for: (1) the payment of reasonable administrative costs related to the planning and execution of projects listed in this subsection and (2) other related activities specified under 24 CFR 58.21 as exempt from environ- mental review requirements, including eligible planning, design, and environmental activities.) Project No. 1 - Central Neighborhood Strategy Area Segrest Streets Tracy Streets Meadow Park Pool Street Intersection Improvements Tract 16 Center Boys Club Project No. 2 - North Central Neighborhood Strategy Area Parking Facilities Core Area Streets Comanche Sidewalk Project No. 3 - Los Encinos/Cabaniss Acres Neighborhood Area Cabaniss Acres Streets Airport Ditch Lining Project No. 4 - Census Tracts 4 and 5 T. C. Ayers Park Hillcrest Park Project No. 9 - Rehabilitation Program (Local) and Administrative and Rehab Counseling HUD -7082 (8-78) 16.(a) cont'd. Project No. 10 - Women's Shelter Rehab Project No. 11 - Demonstration Rehab Project Rehabilitation of Private Properties Project No. 12 - BID, Inc. Project No. 13 - Utility Relocation (Streets) Project No. 14 - Flour Bluff Sewers (h) Sec. 105 (a) (8) public services determined necessary or appropriate for which other Federal assistance may be available: NONE (c) Sec. 105 (a) (2) flood or drainage facilities for which other Federal assistance may be available: NONE (d) Any activities within the preceding categories which will be undertaken as a result of program amendments, or as unspecified local option activities. NONE (e) Activities affected by failure to comply with applicable HUD regulations or law: (The specific regulation or law with respect to each activity listed, and the corrective actions required to remove the conditional approval, are cited as Special Conditions in Item 18.) NONE 17. Ineligible Activities Reducing Section 106 Grant Entitlement Application for funding of the following proposed activities, determined by HUD to be ineligible under Title I of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount 1 .shown below: Proposed Activity Amount . N/A Total: HUD -7062 (0-71) Ill. Special Conditions and Modifications of Grant Agreement A. Notwithstanding any other provision of the Grant Agreement, the grant approval is conditioned subject to the requirement that within 60 days after publication for effect of HUD regulations implementing the 1978 amendment to the... "expected to reside" provisions of Section 104(a) of the Housing and Community Development Act of 1974, as amended, the grantee shall submit any amendments to its Housing Assistance Plan which may be necessary to conform to such regulations. Failure to comply with this requirement shall be cause for HUD to restrict further obligations or expenditures by the grantee until the Housing Assistance Plan is in conformance with such regulations, as determined by. HUD; to reduce the balance of the FY 1979 grant down to zero pursuant to Section 570.910(b)(10) of the regulations; and to"reduce the FY 1980 grant pursuant to Section 570.911 by the amount of FY 1979 funds expended. 0 Check if continued on extra sheet and attach The funding approval indicated above for utilization of the assistance provided thereunder in accordance with the approved application, subject to the requirements of Title 1 of the Housing and Community.Development Act of 1974 (P.L.93.383), as amended, and the Department of Housing and Urban Development's rules and regulations, and thexerution7 f a Grant Agree- ment in accordance therewith, is hereby authorized for the program year beginning on Hug 1979 Date. JUL 3 1979 (Signature) JAMES R. "z''• M, DEPUTY AREA MANAGER s! 1 ANTONIO HUD AREA OFFICE lopment (Title) (Date Applicant notified that funding has been authorized. JUL 1 0 1979 IIuo-70a2 (8-7e) ACCEPTANCE PROVISIONS JUL 3 1979 The Grant Agreement, authorized by the Department of Housing and Urban Development on under the Funding Approval for application/grant number 8 -79 -MC -48-0502 is hereby accepted by the Applicant as Grantee under the Agreement; and the Applicant/Grantee agrees to comply, and to accept responsibility for compliance by any public agency designated as Grantee to receive loan guarantee assistance and by any public or private non-profit entity, Local development corporation, or small business investment corporation carrying out grant activity on behalf of the applicant, with the terms and conditions of the Agreement, applicable law, regulations and all requirements of HUD, now or hereafter in effect, pertaining to the assistance provided. ATTEST: City Secretary APPROVED: DAY OF JULY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance City of Corpus Christi (Name ojApplicant/Grantee) By: (Signature of Authorized Official) R. Marvin Townsend City Manener _. (Title) (Date) HUD -7082 (8_78) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Upon execution of the Acceptance Provisions of this Grant Agreement, • .the Department of Housing and Urban Development (HUD) agrees to pro— vide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) authorized by the Funding Approval identified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all 'other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect'to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD approved application specified therein, including any Assurances, certifications, maps, schedules or other submissions made with respect thereto, the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by the Grant Agreement, any term defined in Title I of the Housing and Cotmmuiity Development Act of 1974 or the HUD Community Development Block Grant Regulations at 214 CFR Part 570, shall have the same meaning when used herein. 2. (a) Agreement means this Grant Agreement, as described above and any amendments or supplements thereto. (b) Applicant means the entity designated as such in the Funding . Approval. , ' (c) Grantee means each entity designated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement. (d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the require— ments of 2I CFR Part 570. • (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. (f) Program means the community development program, project, or other activities, including the administration thereof, -= th respect to which assistance is being provided under this Agreement.' 2. "Section 3" Compliance in the Provision of Training, Employment and Business Onnortunities: This Agreement is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 2h CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. s. 3- The Grantee shall cause or require to be inserted in full in all contracts and subcontracts_ for work financed in whole or in part with assistance provided under this Agreement, the section 3 clause set forth in 24 CFR 135.20(b). • The Grantee shall provide such copies of 24 CFA Part 135 as may be necessary for the information of parties to contracts required to contain. the section 3 clause. 3. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under•section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to section 201(d) of said Act; and the use o any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of section 102(a) of said Act. Any contract or agreement for'the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area 1 1. identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 196B, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, .during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact—that the construction on such land is not itself funded with assistance provided under this Agreement. • 4. Equal Employment Opportunity: (a) Activities and contracts nbt subject to Executive Order 11216, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment . are employed, and that'employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall • 5. post.in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this.nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all. subcontracts for program work. - (b) Contracts subject to Executive Order 112/16, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regula- tions at 24 CFR Part 130 applicable to THUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any - nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: • During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any emFloyee cr applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure 6. that 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: Employment, upgrading, demotion, or transfer, recruit— scent or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in ail solicitations or advertisements for employees placed by or on.behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representa— tive of workers with which he has a collective bargaining agreement or other'contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representa— tives of the contractor's commitment under this section and shall post copies of the notice in conspecuous places available to employees and applicants for employment. • (4) The contractor will comply with all provisions of Executive Order 112116 of September 24, 1965, and of the rules, regulations, and .1' 7. relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 112116 of September 211, 1965, and by the rules', regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,.regulations, and orders. (6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or With any of such rules, regulations; or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared in- eligible for further Government contracts or federally assisted construc- tion contract procedures authorized in Executive Order 112146 of September 211, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ' (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs .(i) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued.pursuant to sects:n 202 of Executive Order 1121:6. of September 25, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 8. contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance:" Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Grantee so participating is'a State or local government, the above equal opportunity clause isnot applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. • The Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. 3 .The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246:of September 214, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts. r • and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of. the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: Cancel, • terminate, or suspend in whole or in part the grant or loan guarantee; •i refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occured until satis- factory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate• legal proceedings; 5. lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead - Based Paint regulations, 24 CFR Part 35. A.ny-grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the • 10. provisions for the elimination of lead -base paint hazards under sub- part B of said regulations, and the Grantee shall be responsible for the inspections and certifications required under section 35.14(f) thereof. 6. Compliance with Air and Mater Acts: This Agreement is subject to the requirements of the Clean Air Act, as amended, 1t2 USC 1857 et seq., the Federal Mater Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance . provided under this Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any -facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements • of section 114 of the Clean Air Act, as amended, (112USC 1857c-8) and section 308 of the Federal Water Pollution Control Act, as amended, (33USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in'said. section 11J4 and section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt. notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause . to be included the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under section 113(c)(1) of'tne Clean Air Act or section •309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agree— J '12. ment, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5 , governing the payment of wages and the ratio of apprentices and trainees to journeymen: provided, that'if wage rates higher than those required under such regulations are imposed by state or local lain, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all Such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive bn award of such contract. i 8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (Y.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for • 13. such.transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted here- under, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with res- pect to which assistance is being provided under this Agreement to the' Grantee. Any Grantee which is not the Applicant, shall comply with all lawful requirements of the Applicant necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried.out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under section 104(h) of the Housing and Community Development Act of 1974. 10. 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 1k. this Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of Grantee, .Members of Local Governing Body, or Other Public Officials: • No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of Such locality or localities who exercises any functions or responsibilities with res— pect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assis:.ance provided under this Agreement shall not be used in ,the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or con— currence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1971; or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, • 15. consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as • program costs. • 10..a...,wPOT ...,,,,,,,,:..... 10,54/1. eloto. Corpus Christi, xas 02� day of , 197? 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 suspension 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, THE CITY OF CORPUS CHRISTI, The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: 15015 TEXAS