HomeMy WebLinkAbout1973-005 Agrmt - HUD
Octo her 1; 191'
D & D Construction Co~ agrees to work in oonjunction with 13111 Hobson,_,
(an independent contractor )inorder to place and :finish. eonorete curb
and sidewalk for the cit.y 'Of Ashland' a re-developrr.zent projeet. "tho
-
contractor's responsibility w111 be:
t a form and pourei tyeurb .@ $ 1.60 per lineal toot. Tbe 01 '\y
will provide all material ( including concrete ) to form.
pour and protect. curb. except iron stakea and Qurb hooks..
2. form and pour cit.y side_lk @ $.75 per$quare foot, the
City will provide all material ( including concrete ) to
fol"1.n, pour and proteot city sidewalk, except 2x4 overhead
forms and stakes.
In the event that the new concrete has to be removed due to f'reez6
npopSD or marring by unknown sources, the co ntraetor s will work in
conjunction with the Cit.y of Ashland Inreplaoing S$11'\e. The contractors
will do the work of' replac.ing the co-ncrete and the 01 ty will buy the
concrete. The cont.ractors will alSQwork Inconjunct.ion with the Oi-ty
in protecting the concrete from the abovecondltions.' The Oity will
provide access to the stores over the new con.cret.e..
The 01 ty of Ashland has therlght. to oal1 this contract null and void
if the contra.ctors do not. pet-form their work in a workmanlike manner or do
not expedite the job in a proper manne"'~ The contractor as well has the
right to call this contract null and voitl"
Payment will be made to the contraoto1"8 for \fork completed by the end
*"
of' each month. F'ayment is to be made in the amount of 2/; (two thirds)
'to D & D Oomltruct.1on 00'. ( 1.140 Old Hiwy. 99 south, Ashla.nd. Oregon )
and 1/3 ( one third ) 'to ~i Hobson (1"122 Old !1iwy. 99 South. Ashland, Ore. )
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D & D Construction ~ ! Oi.:t;.y of Ashland
Denl'1ie Beatty "->'1. .,,-,;.. i .l<<. ._. ". < h-/'J. > Bria~. Alm;.Is~.....//:7._ '~
Dar Lasley /~,,:7./>I 1if:;/?' ,~~~ /' _~7"'P-"j- '~--".......y
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AREA OFFICE
CASCADE BUILDING, 520 S.W. SIXTH AVENUE, PORTLAND, OREGON 97204
AREA OFFICES
Portland, Oregon
Seattle, Washington
March 20, 1973
REGION X
REGIONAL OFFICE
SEATTLE, WASHINGTON
IN REPLY REFER TO:
10.2G Stephens
.
Honorable Archie C. Fries
Mayor, City of Ashland
City Hall
Ashland, Oregon 97520
Dear Mayor Fries:
Subject: Project No. UBI-OR-lO-16-l000
Contract No. UBI-OR-lO-16-l000(G)
We are pleased to enclose one executed counterpart of the above-
identified contract for your records and information.
Your cooperation in this matter has been greatly appreciated.
Si,~C/~"y
, 1 ~/)/U/}1/V7/'<42/
tv.. RUS.. s...e 1 H. Dawson
\; I Area/Di rec tor
i, /
Enc 1 .
u. S. DEPARTNENT or HOUSING ANn URBAN DLVELOPHENT
OPEN SPACE LAND PROGRAH
CONTRACT FOil GRANT
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
PART I
Project No.UBI-OR-10-16-l000
Contract No.UBI-OR-lO-l6-1000(G'
THIS AGREEHENT, consis ting of this Part I and the Terms and ConcH tions, forming
Part II hereof (herein called the "Contract", as defined in Part II), effective on
the date hereinbelow set out, by and between the City of Ashland
-(herein calle-d-th-;"pUbTiC-nodi') and t}le--'Uni ted- States of America (herein c'-aIled the
"Government"), HITNESSETH:
In consideration of the mutual covenants, promises, and representations contained
herein, the parties hereto do agree as follows:
SEC. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide for the extension by the Government
to the Public Body of certain Federal financial assistance under Title VII of the
Housing Act of 1961, as amended by all amendatory Acts, and as governed by the Unifotm
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (all such Acti
being herein sometimes called "Title VIlli), with respect to the Project described in
Section 2 hereof, and to state the terms and conditions upon which such assistance will
be extended and the understandings of the parties hereto as to the manner in which they
contemplate that the Project will be carried out.
SEC. 2. THE PROJECT
(a) The Public Body agrees to undertake, carry out, and complete the
acquisi tion of fee simple title_ and development_of that certain
land located in the.. City of Ashland, Oregon, and rnoregenerally
described as a p~autification _qf the dO\m.to\\~u gistrJGJ;J!Y._IDs t-9:11a tion
of exposed aggragate sid~wall<-'3.'_ decoratiye _ street lighting, permanent
trees in irriga ted tree \vells, s tree t fu rni ture and an informa tion Kiosk
(b) The Public Body 8~reps to retain said land, as developed, ror permanent
open space purposes, and the open space use or uses of said land shall
be for park and recreational purposes, conservation of land and other
,natural resources, or historic or scenic purposes.
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SEC. 3. THE CHANT
The GovernmenL agrees to make a grant to the Public Body to' assist it in
carryinr; out the Project. The grant shall in no ev(~nt excE'c:d the lessel- of (i)
50 perceIlt of the eligible Project costs, not including the cost of relocation pay-
ments and assistance, as detennined by the Govenlocnt, and the Government's share of
the cost of relocation payments and assistance provided by the Public Body in connec-
tion with the Project as specified in Section 4 of the Contract, or (ii) ~44,957.00
SEC. 4. RELOCATION AND PROPERTY ACQUISITION COSTS
(a) The Public Body agrees to make relocati.on payr;lents and payments for
eligible expenses incidental to transfer of title and condemnation
litigation, and to provide relocation assistance, to or on behalf
of eligible recipients in connection with the program in accordance
,'lith and to the full extent pennitted by the regulations or other
requirements of the Secretary and within the budgetary limitations
of this Contract.
(1) Notwithstanding any other prOVlSlon of this Contract, the
Goverrunent shall fund, as part of the grant payable under
Section 3 hereof, the full amouat of the first $25,000 of the
cost to the Public Body of providing such payments and assist-
ance for each eligible recipient thereof, pursuant to such
regulations or other require~ents, on account of any displace-
ment or property acquisition occurring prior to July 1, 1972.
(2) Costs of the Public Body for provlclng such payments and assist-
ance in excess or said $25,000 per eligible recipient on account
of displacement or acquisition occurring prior to July 1, 1972,
and all costs of the Public Body for providing such pay~ents and
assistance on account of displacement or acquisition occurring
on or after July 1, 1972, shall be regularly treated and funded
as part of the actual cost of the Program otherwise authorized
hereunder.
(~) Nntuith~t~n~in2 ~~v other nrovi~ion or tnls rontr~ct: the Public
Body shall not, without the express consent of the Secretary,
expend from funds available under this Contract more than $ -0-
for relocation payments or more than $-=_O~__ for the costs of
providing relocation assistance to or on behalf 6f eligible dis-
placees.
(b) Assurances. The Public Body has filed with the Secretary the assurances
with respect to displacement of persons and acquisition of real property
required by the Uniform Relocation Assistance and Real Property Acqui-
sition Policies Act of 1970 and related regulations of the Secretary,
,.;hich the Secretary has determined (subject to at-her provisions hereof)
are satisfactory.
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II I
SEC. 5. - TINE OF PERFORNAT-:CE
The Public Boay agrees that it will:
Complete the development within six (6) months followihg the
date of the execution of this Contract unless an extension of the
time period has been specifically requested and approved in writing
by the Secretary.
SEC. 6. COUNTERPARTS OF THE CONTRACT
This Contract may be executed in two counterparts, each which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
SEC. 7. CHANGES APPLICABLE TO PART II HEREOF
The following changes are hereby made in the attached Terms and Conditions
designated Part II hereof:
Wherever there appears in the Terms and Conditions, Part II, of this
Contract any reference to or any provision directed toward acquisition,
such provision or reference shall be deesed to be surplusage, it being
understood and agreed by and between the parties hereto that 'the purpose
of this Contract is to provide for a Federal grant to assist only in
the development of open space land.
SEC. 8. CONPENSATION TO GOVERN~1ENT FOR ITS AUDITS AND INSPECTIONS
The Public Body \Vill compensate the Government for its inspections and- audits,
provided for in Sec. 103(B) of Part II of this Contract, a fixed fee in the amount of
$945.00. The fixed fee shall be payabie at the time the first requisition for a
Grant Payment is approved by a deduction of the entire amount of the fixed fee from
the first Grant Pa)~.ent to the Public Body.
IN WITNESS \~HEREOF, the Public Body has caused this Contract to be duly executed
in its behalf and its seal to be hereunto affixed and attested; and, thereafter, the
Government has caused the same to be duly executed in its behalf this 19th day
of March , 1973.
'"T;r.,.,.
vJ.l..L
(SEAL)
By
U4
Mayor
(Type Name and Title)
ATTEST~
(Type
Urban Development
. -.
By
't~
Deputy Area Director
(HUD SEAL)
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U. S. DEPARTNENT OJ? HOUSING AND URBAN DEVELOPNENT
3180b
9-71
OPJ;JN SPACE LAND PHOGRAl1
~
'-...,
CONTRACT FOR GRANT
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS .AMENDED
Part II
Terms and Conditions
--------------------------------~---------
SEC. 101. USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following terms, as
used herein, shall have the meanings ascribed to them in this Section:
(A) The term "Secretary" means the Secretary of Housing and Urban TIevelopment
or the person authorized to act on his behalf.
(B) The term "Contract" means this Contract between the Government and the
Public Body, and includes Parts I and II and any additional document or documents
incorporated herein by special reference, or attached hereto, as well as any amendment.
(C) The term "Application" means the 'l,vxitten application for the Grant by the
Public Body, including any revisions thereto, together with all explanatory, supporting
or supplementary documents filed therewith~
(D) The term "Land" means the interest or interests in real property acquired
or to be acquired and/or developed by the Public Body as set out in Section 2 of Part I
of this Contract and shall include a fee interest or such lesser interests as therein
contemplated.
(E) The term "Project" means the 1.llldertaking a..~d carrying out to completion of
the acquisition and/or development of land as set forth in Section 2 of Part I of this
C<.m:~raG-t .
(F) The term "Secretary's rulef:? and regulations" includes all vrritten policy
issuances of the Secretary, regardless of whether they are published as formal
regulations.
SEC. 102 . ACCOMPLISB.MENT OF PROJECT
(A) The Public Body will commence and carry out the Project with all practicable
dispatch, in a sound, economical, and efficient manner, in accordance with the Appli-
cation, the Secretary's rules and regulations, and the provisions of this Contract,
and will initiate and complete the Project 'I,.ri thin the time limit specified in Section 5
of Part I of this Contract. Such term may be extended with the written consent of the
Secretary.
II I
(B) . 'The Public Body "rill carry out the Project in compliance \vi tL. ...,~.~ .,;.--equire-
ments imposed by or pursuant to regulations of the Secretary effectuatir~ Title VI of
the Civil Rights Act of 1964.
SEC. 103. PROVISIONS RELATING TO ADMINISTRATION
(A) Books and Records. The Public Body will maintain and keep in one place for
a period of at least 3 years following final disbursement of the grant full and accurate
books and records with respect to all matters covered by this Contract, including
without limiting the general coverage of this requirement, books and records which
permit a speedy and effective audit, and will fully disclose:
(1) Adequate title evidence in the form of title policies, Torrens certi-
ficates, or abstracts, and attorneys' opinions or other evidence satisfactory to
the Secretary relatiJ:1.g to the land or interest inland acquired by the Public
Body under this Project;
(2) The amount and disposition of both Federal and non-Federal funds which
are provided for the Project;
(3) All items of cost chargeable or which are proposed to be c~arged to the
total cost of the Project;
(4) All Project '-'lork and underta."k:ings and all contracts which are entered
into by the Public Body pertaining thereto;
(5) The individuals, partnerships, corporations and associations displaced
in the carrying out of the Project, the pertinent facts concerning their relocation
and the making of relocation payments therefor; and
(6)' All proceedings which are taken by the Public Body with respect to any
matters covered by this Contract.
(B) Inspections and Audits. The Public Body "Till, at any time during normal
business hours, and as often as the Secretary or the Comptroller General of the
United States may deem necessary, permit the Secretary and the Comptroller General
to have full and free access to all of its books and records with respect to the
matters referred to in subsection (A) of this Section, and will permit the Secretary
and the Comptroller General to audit, eX&lline, and make excerpts or transcripts from
such books and records, and to review, inspect, and make audits of all Project work,
contracts, invoices, materials, payrolls, records of personnel, conditions of employ-
ment, books of accounts, and other documentary data pertaining to such matters.
(C) Reports and. Inf02~ation. The Public Body will, at such times as the Secre-
tary may require, furnish him \vith periodic reports and statements, and other docu-
mentary data and information, as he may request, pertaining to the various matters
covered by this Contract.
SEC. 104. ~-ND PROVISIONS
(A) General Requirements Concerning Land. The Public Body shall:
(1) Take all necessary steps to remove or abrogate all legally enforceable
provisions pertaiJ:1~ng to the restriction of the use of the land it is acquiriJ:1~
and/or developing, upon the basis of race, religion, color, or national origin.
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(2) Include in every agreement, lease, conveyance, or other instrument
whereby the land is disposed of, an affirmatL ve covenant binding on the contrac-
tor, lessee, grantee, or other party to such instrument and on the successors
in interest to such contractor, lessee, grantee, or other party that there
shall be no discrimination upon the basis of race, religion, color, or national
origin in the use or occupancy of the land. The covenant shall recite that
the United States is a beneficiary of the covenant and entitled to enforce it.
(3) Not. sell, lease, or otherwise dispose of the land except with the prior
written approval of the Secretary.
(4) Not voluntarily create, cause, or allow to be created any debt, lien,
mort.gage, charge, . or encumbrance against any of the land which in any way will
impair or otherwise adversely affect the preservation of said land for the use
or uses set out in Section 2 of Part I of this Contract.
(5) From time to time duly pay and discharge, or cause to be paid and
discharge when the same become due, all taxes, assessments, and other govern-
mental charges whioh are lawfully imposed upon any of the land and which if unpaid
may by law become a lien or oharge upon said land and thereby impair,or otherwise
adversely affect the holding of said land for the use or uses set out in Seotion
2 of Part I of this Contract.
(6) Faithfully observe and conform to all valid re~uirements of any govern-
mental authority relative to the land and all covenants, terms, and conditions
applicable to said land.
(E) Land Acquisition Reauirements. In ac~uiring land as part of the Project,
the Public Eody shall comply \fi th regulations of the Secretary issued pursuant to
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(C) Special Provisions Relating to Sale or Lease of Land. If the Public Eody-
proposes to lease or sell all or part of the land covered by the Project, the Public
Eody must first obtain v~itten approval of the Secretary before such leasing or sale
is undertaken.
(D) Use of Land
(1) No conversion in the use of the land to a use other than the open space
uses set out in Section 2 of Part I of this Contract will be permitted without
the prior written approval of the Secretary. Before such approval will be given,
the Public Eody must demonstrate to the Secretary's satisfaction that:
(a) The open-space land is being or will be replaced, without cost to'
the Federal Government, by other open-space land of as nearly as feasible
equivalent usefulness, location, and fair market value at the time. of con-
version;
(b) The conversion and substitution are needed for the orderly devel-
opment and gro\fth of the urban area involved;
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(c) The proposed uses of the converted and substituted l~~d are in
accord wi t.h the then applicable co:nprehensive plan for the urba..'Yl area,
meeting. criteria established by the Secretary.
(2) Land acquired under Section 706 of Title VII may be disposed of or
converted only ~~der such terms or conditions as the Secretary may specify.
(3) No open-space land involvir~ historic or architectural purposes for
which assistance has been granted under Title VII shall be converted to use for
any other purpose without the prior approval of the Secretary of the Interior.
(4) ~ne Public Body shall not discrimi~3te upon the basis of race, religion,
color, or national origin in the sale, lease, or rental or in the use of
occupancy of the land or any improvements erected or to be erected thereon, or
any part thereof.
(5) Tne Public Body shall not restrict the use of the land, as developed,
on the basis of place of r'esidence except -that a reasonable fee charged non-
residents over ~'Yld above any fee that may be charged residents shall not be
interpreted as a restriction of the use of such land.
(E) Transfer of Pu~lic Body's Interests in Land to Another ~~blic Eo~r. Before
the Public Body transfers its interests in the land to another ~~blic 3o~~, it shall
require its tr&~sferee to enter into a contract vlith the Secret~J agreeing in writing
to be bound by all of the applicable terms ~'Y),d conditions of this Contract.
(F) Recordation and Deed Restriction..
(1) The Public Body shall cause to be duly recorded in accord~~ce with
applicable local law all instruments which are generally recorued in the juris-
diction in order to fully protect all of the ~Qblic Body's rights, titles and
interest in ~'Y),d to any land acquired or used as a part of the Project.
(2) The deed or an instrument included in the deed records. shall evidence
a restriction to the effect that the sale, lease, or other transfer of the land,
or any interest therein, is subject to the prior approval of the Secretary of
the U.S. TIepartment of Housing and Urban Development.
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u~v. IV;';. Lr.~l.~~...L 'JJ: uJ..'-'-........l.'i..L
(A) Advance or Progress Payments. Under or subject to such conditions as the
Government may, in vITiting, specify vlhich are not inconsistent with applicable law,
the Government nay, in its discretion, make advance or progress pa~~ents to the Public
:Body on accou.."'1t of the Grant, at such time or times prior to the completion of the
Project and the final determination of the total cost thereof as, in view of the
status of the Project and the matters relative thereto, the GoverTl..ment may deem
appropriate, but no such advance or progress payment will be made u-~ess fL~d until the
Public :Body shall have filed its written re~uest with the Secret~~ for such advance'
or progress paY3ent: Provided, That no such adv~~ce or progress paJ~ent shall be
made if the PQolic Body is in default of any of the terms of this Contract. The
Public :Body shall deposit such advance payment f1L'Ylds in a b~~ or b~~~s which are
members of the Federal Deposit Insurance Corporation or in such other depository as
shall be acceptable to the Secretary.
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(n) Requisition for Grant Payment. The Public Body shall file its requisition
Ior payment of Gr<, on a form or forms prescribed by the SecretarJ. Such requisition
shall be accompanieu by the Public Body's certification.of purposes, domonstrating the
need, at the time, for the funds requisitioned; that the amount sought is reasonable;
and that the purposes for vlhich it proposes to expend the funds are within the purview
of this Contract.
(0) Ineligible Costs. No grant payment shall be made to (1) defray ordi~J
State or local goverr~ental expenses, (2) help finance the acquisition by the Public
Body of land located outside the urban area for which it exercises (or participates
in the exercise of) responsibilities consistent with the purpose of Title \~I, (3)
acquire and clear a.eveloped land in built-up urban areas lUlless the local gover:ni.ng
body determines that adequate open-space land c~~ot be effectively provided through
the use of existing undeveloped land, (L~) provide assistance for historic ~~d archi-
tectural preservation plU'poses, except for districts , sites, buildi~1gs, str-..lct~es,
and objects which the Secretary of the Interior determines meet the criteria used in
establishing the NatiOnE~l Register, (5) or to pay for the cost of land acquired or
development undertaken prior to the notification of the Public Body by the Secretary
of his approval of the Application or of the acquisition or developnent of such land.
SEC. 106. LABOR A]~ CONSTRUCTION PROVISIONS
(A) Contract and "Force Account" v.lork. The ?llblic Body may elect to carry out
any necessary develop2ent activities as a part of the Project by utilization of its
own employees or it may have such work done under written contracts let by it. ~~
contracts entered into for Project work shall contain appropriate provisions to
require compliance with all applicable Federal laws and regulations pert~ir~ng to
such contracts, to the work to be performed thereunder, and to the persons e2ployed
in the carrying out of such contracts.
(B) Competitive Eidding. The Public Body will give full opport1L~ty for free,
open, and competitive bidding for each contract to be let by it calling for const~~c-
tion, demolition, or other similar work, as a part of the Project, or for the fu-~shing
of any materials, supplies, or equipment for or use on, the Project CL.YJ.d v:ill give such
publicity to its advertisements or calls for bids for each such contract 2S will pro-
vide adequate competition; aJld the award of each such contract, '\olhen' made, '.,;ill be :made
by it as soon as practicable to the lowest responsible bidder: Provided, T~2t in the
selection of such materials, equipment, or supplies, the Public Bod~Y' rr:2..y, in the
interest of standardization or ultimate econo~Y. if the advantage of S~~~ st~~dardi-
zation or such ultimate economy is clearly evident and an appropriate provision for
such action is included by it in the proposed contract documents upon which bids are
invited, award a contract to a responsible bidder other than the lowest in price: .
Provided further, That purchases of such materials, equipment, or supplies in amo~YJ.ts
of $2,500 or less, ~YJ.d contracts in amounts pf $2,500 or less callir~ for construction,
demolition, or other similar \.rork, as a part of the Project, may, except ,.rere contrary
to the requirements of State or local law, be made from time to time by the ?llblic Body
without negotiation or competive bidding and without observance of the other provisions
of this subsection: ~~d Provided further, That the Public Body may negotiate a cost-
plus a fixed fee contract through solicitation of previously qualified so-~ces for
restoration work for historic or architectural pu-~oses which is cf a special P2ture
that precludes practical application of lump sum or unit. price competition, provided
that prior approval has been obtained from the Goverp~ent for an exception to the
competitive bidding procedure.
(c) Provisions to be Included in Certain Contracts. Before the Public Body receives
bids or proposals for, or otherwise negotiates for, a proposed contract which calls for the
perfomance of any \iork on the Project which will entail, for ,such work, the employment by
the contractor or his subcontractors of laborers or mechanics, the Public Body shall include
in the proposed contract documents appropriate wage schedules (including applicable wage
deteminations of the Secretary of Labor, United States Department of Labor) and other pro-
visions which are consistent with the provisions embodied in that document entitled "Federal
Labor Standards Provisions" attached hereto marked HUD-3200 and made a part hereof. Such
schedules, wage determinations, and other provisions, as included in such proposed contract
documents shall also be included in the contract documents as executed. The Public Body
will include in each contract mentioned in the preceding sentence of this subsection an
appropriate provision requiring the contractor to insert in each of his subcontracts which
will entail the employment by such subcontractor of laborers or mechanics, as aforesaid,
wage and other provisions which are consistent with such contractor's contract with the
Public Body.
(D) State or Local Laws Concerning Wage Rates for Laborer and Mechanics. If State
or local laws require that laborers or mechanics who are employed by the Public Body's
contractors, or by such contractors' subcontractors, in the development of the Project, be
paid not less than the wages which are established pursuant to such laws and if such wages
so established are higher than the wages which are determined by the Secretary of Labor,
United States Department of Labor, purs~ant to the aforesaid Davis-Bacon Act, to be the
wages.prevailing in the locality in \vhich the Project is situated, nothing in this Contract
is to be construed as intended to relieve the Public Body of its obligation, if any, to
require payment of such higher wages.
(E) Equal Employment Opportunity
(1) Activities and Contracts not Subject to Executive Order 11246. In the carry-
ing out of the Project, the Public Body will not discriminate against any employee or ap-
plicant for employnlent because of race, color, religion, sex or national origin. The Publi-c
Body will take affimative action to ensure that applicants are employed, and that employees
are treated during employment without regard to race, color, religion, sex or national'
origin. Such action shall include but not be limited to the following: employment, up-
grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termina-
tion; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Public Body agrees to post in conspicuous places, available to employees
and applicants for emplo~nent, notices to be provided by the Gover~~ent setting forth the
provisions of this nondiscrimination clause. The i:-'ublic Dody \-Jill, 111 all ~ul..i..l.:lti::1tivi-.:.s vI'
advertisements for employees placed by or on behalf of the Public Body, state that all quali-
fied applicants will receive consideration for employment without regard to race, color,
religion, sex or national origin. The Public Body will incorporate the foregoing require-
ments of this subparagraph (1) in all of its contracts for Project work except contracts
governed by subparagraph (2) of this Section 106(E) and contracts for standard commercial
supplies or raw materials, and will require all of its contractors for such. work to in-
corporate such requirements in all subcontracts for Project work.
(2) Contracts Subject to Executive Order 11246. The Public Body hereby agrees
that it will incorporate or cause to be incorporated into any contract for construction
work, or modification thereof, as defined in the regulations of the Secretary of Labor at
41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the
Federal Government or borrowed on the credit of the Federal GoverDffient.pursuant to a grant
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program in-
volving such grant, contract, loan, insurance, or guarantee, the following equal opportunity
clause:
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II I ---
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The contractor will take affirmative action to insure 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; recruitment or recruitment advertising; layoff or termination;
rates of payor 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 Pu~lic Body setting forth the provisions of this nondiscrimination
clause.
. (2) The contractor will, in all 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 representative of
workers with i,.[hich he has a collective bargining agreement or other contract
or underst~nding, a notice to be provided advising the said labor union or
workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply with all prOVlSlons of Executive Order
11246 of September 24, 1965, and of the ru~es,regulations, and relevant orders
of the Secretary of Labor.
(5) The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and. by the rules, regulations,
and orders of the Secretary of Labor or the Secreta~J of Housing and Urban
Development, or pursuant thereto, and will permit access to his books, records,
and accounts by the Public :Body, the Secretary of Housing and Urban Development,
~nd the Secretary of Labor for purposes of investigation to ascertain compliance
w 1. Ll.1
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I6g-ulativuo;
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(...I..-..4'-A-. V..4.. \r"A-"""ooJ-...., .
(6) In the event of the contractor's noncompliance with the nondis-
crimination clauses of this contract or with any of the said rules, regulations,
or orders, this contract may be c~nceled, terminated, or suspended in whole
or in part and the contractor maybe declared ineligible for further Govern-
ment contracts or federally assisted construction contracts in accordance with
'procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the'
Secretary of Labor, or as otherwise provided by law.
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~
-;.~
(7) The contraetor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in
eVQry subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued purSUallt to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will ta.~e such action with
respect to any subcontract or purchase order as the Public Body or the
Secretary of Housing and Urban Development may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided. however,
That, in the event the contractor becomes involved in, or is threatened \vi th,
litigation vlith a subcontractor or vendor as a result of such direction by
the Public Body, the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
The Public Body further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it part-
icipates in federally assisted construction work: Provided, Tbat if the
Public Eody so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, inst~~entality or sub-
division of such government whioh does not participate in work on or under
the contract.
The Public Body agrees that it will assist and cooperate actively with
the Secretary of Housing and Urban TIevelopment and' the Secretary of Labor in
obtaiping the compliance of contractors and subcontractors with the equal .
opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the Secretary of Housing and Ur"ban
Development and the Secretary of Labor such information as they may require
for the supervision of such compliance, and that it will otherwise assist the
Secretary of Housing and Urban Development in the discharge of his primary
responsibility for securing ccmpliance.
The Public Body further agrees that it will refrain from entering into
any contract or contract modification, subject to Executive Order 11246 of
September 24, 1965, with a contractor debarred from, or who has not demons-
trated eligibility for Government contracts 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 SUbcoJ:ltractors by -the Sev..1.:8ta.~"';y- of }lc'.l8ir..g 8:.'2d Urb2.!!. D8v~lo:p-
ment or the Secretary of Labor pursuant to Pa.rt II, Subpart D of the Executive
order. In addition, the Public Body agrees that if it fails or refuses to
comply with these undertakings, the Secretary of Housing and Urban Development
may ta-1ce any or all of the follovTing actions: Cancel, te:rminate, or suspen"d
in whole or in part this grant contract; refrain from extending any further
,assistance to the applicant under the program with respect to which the failure
or refusal occurred until satisfactory assurance of future compliance has been
received from such Public Body; and refer the case to the Department of
Justice for appropriate legal proceedings.
SEC. 107. DEFAULTS AND RE[v'iEJ)IES
(A) Termination or Suspension of Contract. The Government may termi~~te or
suspend this Contract at its discretion upon the happening of 8-ny of the following:
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(1) The failUl~e of the Public Body to com~lete the Proj~ct within the time
prescribed in Section S of Part I of this contract;
(2) The making of any misrepresentation by the Public Body in its Application
or in the furnishing of any information to the Secretary;
(3) The violation of any of the terms or conditions of this Contract;
(4) Any event 11hich ma..1ces the accomplishment of the Project by the Public
Body impossible, improbable, infeasible, or illegal; or
(~) The commencement of arry litigation challenging the performance by th~
Public Body of any of its duties or obligations vrhich may jeopardize or adversely
affect the Project, this Contract, or the Grant.
(B) Forfeiture of Grant. For any violation of any of the terms of this Contract,
the Secretary may, in addition to such other remedies as may exist at law or in equity,
require repayment of all or part of the Grant to the Government.
(C) When Rights and Remedies Not Waived.. In no event shall the making by the
Government of any Grant payment to the Public Body constitute or be construed as a
waiver by the Government of any breach of cov~nant or any default which may then exist
on the part of the Public Body, and the making of any such pa;yment by the Government
while any such breach, or default sp~ll exist shall in no wise impair or prejudice any
right or remedy available to the Government in respect of such breach or default.
SEC. 108. MISCELLANEOUS PROVISIONS
(A) Interest of Public Body Personnel and Other Local Public Officials. The Public
Body shall adopt and enforce measures to assure that no member of its governing body
and no other officer or employee of the Public Body and no member of the governing body
or other public official of ar~ other local public body in the urban area in which the .
Project is situated, who exercises any functions or responsibilities in connection with
the carrying out of the Project, shall, prior to the completion of the Project, volun-
tarily acquire arry personal interest, direct or indirect, in any property included in
the Project or in any contract or proposed contract in connection with the undertaking
of the ~Qjp.ct. I:f any such member, employee, or officer presently ov~s '.o.r controls, or
in the future involuntarily acquires, any such personali.al,;u.L'~5t, he she.ll ~edi8.;;p 1 Y
disclose such interest to the Public Eody. Any member, employee, or officer who shall
have or acquire such interest shall not participate in any action by the Public Body
affecting the undertaking of the Project, unless the Public Body shall determine that,
in the light of the personal interest disclosed, the participation of such individual
in any such action would not be contrary to the public interest. The Public Body shall
promptly advise the Secretary of the facts ~nd circunstances concerning any disclosure
made to it pursuant to this provision and the action taken by the Public Body upon
being made aware of said facts and circumstances.
(B) Interest of Certain Federal Officials. No Member of or Delegate to the
Congress of the United States, and no Resident Commissioner, shall be admitted to any
share or part of this Contract or to any benefit to arise from the same.
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(c) Bonus or Commis~ion. The Public Body shall not pay any bonus or commis3ion
-~ for the pUl~pose of obtaining the Secretary's approval of the Application or any other
-~ approval by. the Secretary ,,,hich may be necessary illlder this Contract.
(n) Government Not Obligated to Third Parties. TIle Government shall not be
obligated or liable under this Contract to ar~ party other than the Public Body.
(E) How Contract Affected by Provisions Being Held Invalid. If any provision of
this Contract is held invalid, the remainder of this Cont~act shall not be affected
thereby if it is inconformity with the terms aIld requirements of applicable law.
(F) Provisions Concernir~ Certain Waivers. Subject to applicable Federal law, any
right or remedy which the Government may have under this Contract may be waived in \~iting
by the Government by a formal waiver and either witll or without the execution of an
amendatory or supplementary agreement, if, in the judgment of the Government, this
Contract as so modified, will still conform to the provisions and requirements of
applicable laws.
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