3458 7 q '
RESOLUTION NO. 3,458
A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF LITTLE ROCK,
ARKANSAS, AND THE UNITED STATES OF
AMERICA RELATING TO A CAPITAL GRANT
FOR URBAN MASS TRANSPORTATION; AND
FOR OTHER PURPOSES .
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby
authorized and directed to execute for and in behalf of
the City of Little Rock, Arkansas, a certain contract with
the United states of America, which contract relates to
the making of a capital grant through the Housing and Home
Finance Agency to the City of Little Rock, Arkansas, for
Urban mass transportation facilities . The said contract
to be so executed is in form and substance as follows:
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UNITED STATES CF AMERICA •
I HOUSING AND HCME FINANCE AGENCY
OFFICE OF THE ADMINISTRATOR
r WASHINGTON, D. C.
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s Project No. ARK-UM-1 •
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Contract No. H-
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URBAN MASS TRANSPORTATION CAPITAL GRANT CC�ITRACT
• BETWEEN THE
CITY OF LITTLE ROCK
4 (Arkansas) •
3 • AND-
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UNITED STATES OF AMERICA
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URBAN MASS TRANSPORTATION k_:.,
CAPITAL GRANT CONTRACT r,
PART
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PROJECT NO. ARK-UZG-1
CONTRACT.' NO. H-
THIS CONTRACT, consisting of this Part I, and the terms and conditions
(form H-512(b) dated 4-65) forming Part II hereof (which together are herein
called the "Contract"), effective on the date herein below specified by and
between the United States of America (herein called the "Government") and
the City of Little Rock, Arkansas (herein called the "Public Body") SE H:
In consideration of the mutual covenants, promises and representations
herein, the parties agree as follows:
Sec. 1. Purpose of Contract - The purpose of this Contract is to provide
for the undertaking of an urban mass transportation capital improvement project
(herein called the "Project"), with Government financial assistance to the
Public Body in the form of a capital citiV p 1 grant (herein called the "Grant"), under - � .
the Urban Mass Transportation Act of 1964 (herein called the "Act") and to
state the terms and conditions upon which such assistance will be provided and
the understandings as to the manner in which the Project will be undertaken and
completed and the Project equipment will be used.
Sec. 2. The Project - The Public Body agrees to undertake and complete
the Project, and to provide for the use of Project equipment, substantially
as described in its Application filed with and approved by the Government and
in accordance with the terms and conditions of this. Contract. The Project '' ' 1
consists of the purchase of 30 new 35-passenger air-conditioned diesel transit
type buses and the purchase of 12 new 45-passenger air-conditioned diesel type f.
buses.
It is estimated that the total cost of the Project will not exceed k f
.Eight Hundred Seventy Nine Thousand Seven Hundred Forty Four Dollars and
Eighty Four Cents ($879,744.84)4
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Sec. 3. The Grant - In order to assist the Public Body in financing that
portion of the total cost of the Project which HHFA determines cannot reasonably CO3-.:• <
be financed from revenues of the public transportation system in which the
Project equipment is to be used (herein called the "Net Project Cost"), such
Net Project Cost being estimated to be Five Hundred Seventy Four Thousand ,` ' " `*
Seven Hundred Forty Four Dollars and Eighty Four Cents ($574,744.84), the 1` .;
Government will make a Grant in an amount equal to one-half of the actual i� ..'4 '
" Net Project Cost, as determined by HHFA upon completion of the Project, or
in the amount of Two Hundred Eighty Seven Thousand Three Hundred Seventy Two
Dollars and Forty Two Cents ($287,372.42), whichever in the lesser; provided r-'.,that the Government will make an nddi t,ional. Grant. I n nn amount equal to onersixth of the actual. Net Project Cost, an ao determined by }HIFA, or in : `w
the amount of Ninety Five Thousand Seven Hundred Ninety Dollars and Eighty ,Tt
. Cents ($95,790.80), whichever is the lesser, if within three years from the L
date of this Grant Contract HHFA determines that the planning requirements of '
Section 4(a) of the Act have been fully met. E
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The Public Body agrees that it will provide from sources other than
a Federal funds, (b) receipts from the use of the Project equipment, or
(c) revenues of the public transportation system in which such equipment is
used, funds in the amount sufficient, together with the Grant to assure payment
• of the actual Net Project Cost. The Public Body further agrees that no refund
or reduction of the amount so provided will be made at any time, unless there
is at the same time a refund to the Government of a proportional amount of the •
. Grant. f; •
Sec. 4. Use of the Project Equipment - The Public Body agrees that the lx
Project equipment will be used for the provision of mass transportation service
within its urban area for the period of the useful life of such equipment, as �; '
determined in accordance with generally accepted accounting standards and approved ''
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by HHFA, which period shall not in any case exceed twenty years. If during the ,�
period of its useful life any Project equipment is sold, other than for replace- •
'
ment in such service with like equipment, the Public Body agrees to remit to the
Government a proportional amount of the sale proceeds determined on the basis it � ;
of the ratio of the actual Grant made by the Government to the actual cost of tf517,-Ni:72;':-, `t he Project as determined in accordance with this Contract. If during such 4,,,„,....3,--
period any Project equipment is devoted to uses other than the provision of
mass transportation service within the urban area of the Public .Body, such 10i..-4,,,,,,,,
proportional amount of the fair market value thereof (as approved by HHFA) �a
shall likewise be paid to the Government. itT
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The Public Body further agrees that during the useful life of the Project
equipment it will submit to HHFA such financial statements and other data "., , .
as may be deemed necessary by HHFA to assure compliance with this Section.
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Sec. 5. Employee Protective Arrangements - The Twin City Transit, Inc.,
of Little Rock, Arkansas and the Amalgamated Transit Union have entered j,'
an agreement providing employee protective arrangements as required by
Sec. 10(c) of the Urban Mass Transportation Act of 196+. The Public Body j'
is agreeable to the terms and conditions of the agreement. E
1
Sec. 6. Counterparts of Contract - This Contract may be simultaneously t
executed in several counterparts, each of which so executed shall be deemed
to be an original, and such counterparts together shall constitute one and 11
the same instrument. is
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IN u a.' WEIEREOP, the Public Body has caused this Contract to be duly -
,
executed in its behalf, and, thereafter the Government has caused the same °
to bo duly executed in its behalf this day of .1965. ' r` 1
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S !' Y, CITY OF LITTLE ROCK ' {
(Arkansas)
ATTEST
Title thee dl '3' ayor (E•
UNITED STATES OF AMERICA t
HOUSING AND HOME FINANCE AGENCY
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By
Assistant Administrator
(Transportation) •
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H-512(b) `
(4+-65)
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� UNITED STATES OF AMERICA 1
HOUSING AND HOME FINANCE AGENCY
OFFICE OF THE ADMINISTRATOR
WASHING TON1D.C.
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URBAN MASS TRANSPORTATION GRANT CONTRACT i I
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PART II I.
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TERMS AND CONDITIONS
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Section 101. Definitions . ' 1
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Section 102. Accomplishment of thf, PToject:
(a) General Lequirementr
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(b) Pursuant to Federal, State end Lu1 Law
(c) Fund.s of the Public Body
(d) Submission ,D-f: Proceedings, Centre and : t
Other Documents
Section 103. The Project Butaget
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Section 104. Accounting Record
(a) Establishment and ".I .intenance of --iceuuntin,
Records
(b) Funds '.'teceived or 1,acm .1raiLIDI for the "..rojLc,.-., -- j
(c) Costs Incurred or tne 7::ro.'lect ).
(d) Documentation of Project, Cost:-.:
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(e) Checks, Orders, and Voucl,ers
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(f) Audit Report5,
Section 105. Requisitions anu Fayments
(a) Prnliminary Action by the : Wolin body 4
(h) PolPrnmont's obliations ,
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(1) Minnerresent.ltion
(2) Ptigation
i ( ) Concurrence h:r Go'rernmenu
(4) Conilict of Irterns's.,n
(5) Dn.Cault
(c) Disallowel. Costs ') Y:fit'50t
Section 106. Termination cr Susension of c'-ove.mment 'a Ybli,a'c.ions NA. 0#0
',.•,i-dr;ke.
(a) Terminc:J'ion or Suspension ..7. n2....,...11; 140,,t11'.
(b) Action Subseqaent tfl tice c,.1. 12&_,-lain:J....ion
or SusrensiJn ,
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Section 107. Remission of i-roct Account Upon Co.,11,1eLion of Projec - ---- 6
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Section 103. Audit and Inspection
Section 109. Coatracts of the .1.1elic body
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Section 110. Restrictions, frohibitions, ContrcAs, .. d Labo- .' -oviiono ',-,,,i,f,• ., .
(a) Equal Employment kl.Tortunity 6 70;.-', .•
(b) Competitive Biddin-. 10 '4a.t..g.,-14.•
(c) Prohibited Intern:3;r: 10
(d) Use of Amnficar-made Froducts 1..,,,,_ .i,V:••I'i-,:,
(e) ; atent 1-,,igtri s 1 '
(f) Interest 0, .1,,embern of or D.:1..i;ates to Conress
(g) Labor Yrovisionr - ConoLruction 12
Section 111. Construction Cori-rants
(a) Chance; in Con:Aructi:n ('or.it, letn le,
(h) Contraci .',ecurit;, 1.c,
(c) Insurance Dunia3 Construcion ils,
(d) Signs •-- 11,
(e) Irovisionc of Cont,T ,2C.i,a Contracta .1.t... - -
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Section 112. Misc(alaneous frovisiors
(a) Air Pollution 1-,'
(I)) .7.-overnm'ent Not Obli„,-,, .ted vo ThiA,. .art,ies 1
(c) ;'' en fights and Lem:...1i...::, not waive -------
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(d) ho outract Arfec,_d by . -ovioioht. ,;(..ing
geld Invalid - Ir
(e) :rionus or Commisfiion -
(f) State o TerviLuO ..1
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HOUSING AND HOME FINANCE AGENCY
GRANT CONTRACT
PART II -- TERMS AND CONDITIONS s
Constituting part of the GRANT CONTRACT providing for
Federal financial assistance under the provisions of
the Urban Mass Transportation Act of 1964.
Section 101. Definitions. As used in these Terms and Conditions:
"Government" means the United States of America. '
"HHFA" means the Housing and Home Finance Agency, or as 4
the context may require, the Housing and Home Finance Admin--
istrator, or other person who may at the time be acting n
°
in the capacity of the Administrator or authorized repro— y, ""
aentative, or any other person otherwise authorized to
perform the functions to be performed hereunder by HHFA "X
as that term is used in this Contract. ' .`;
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"Application" means the written application for Federal ; ,
financial assistance for the Project, together with all i'e.
explanatory, supporting, or supplementary documents, s:.
heretofore filed with HHFA by or on behalf of the
Public Body, which has bean accepted and approved by
UH l An •ra
Section 102. Accomplishment of the Project.
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(a) General Requirements. The Public Body shall commence, carry on, and
complete the Project with all practicable dispatch, in a sound,
economical, and efficient manner, and in accordance with the pro-
visions hereof, the Application, and all applicable laws. ,: ,
(b) Pursuant to Federal State, and Local Law. In the event that any
election, referendum, approval, permit, notice, or other proceeding
or authorization is requisite under applicable law to enable the xl, , 4.1,..
Public Body to enter into this Contract or to undertake the Project
hereunder, or to observe, assume, or carry out any of the provisions i f
of this Contract, the Public Body will initiate and consummate, as
provided by law, all actions necessary with respect to any such x ;
matters so requisite.
The Public Body shall initiate and
(c) Funds of the Public Bodes. t
prosecute to completion all proceedings necessary to enable the `
Public Body to provide its share of the Project costs on or
prior to the time that such funds are needed to meet Project costs.
Contract and Other Documents. The Public �.
(d) Submission of Proceading Documents.
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Body shall submit to the Government such data ,�rreports, ecordssrnment
oontraot and other documentn 1 al. f to
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may require,
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Section 103. The Project_Budget. A Project budget shall be prepared and
maintained by the P:ablicBody. The Public Body shall carry out the Project
and shall incur obligations against and make disbursements of Project Funds
only in conformity with the latest approved budget for the Project. The
budget may be revised from time to time, but no budget or revision thereof
shall be effective unless and until. HSFA shall have approved the same.
Section 104. Accounting Records.
(a) Establishment and Maintenance of Accounting Records. The Public Body
shall establish for the Protect, in conformity with uniform requirements
established by BBFA to facilitate the administration of the Grant program,
separate accounts to be maintained within its existing accounting system
or set up independently. Such accounts are referred to herein
collectively as the "Project Account."
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(b) Funds Received or Made Available for the Project. The Public Body shall
appropriately record in the Project Account, and deposit in a bank or
trust company which is a member of the Federal Deposit Insurance
Corporation, all Grant payments received by it from the Government
pursuant to this Contract and all other funds provided for, accruing to,
or otherwise received on account of the Project, which Government
payments and other funds are herein collectively referred to as "Project
Funds." The Public Body shall require the depositories of Project Funds ,
to secure continuonsly era fully all Project Funds in excess of the
amounts insured under Federal plans, or under State plans which have
been approved for the deposit of Project Funds by HHFA, by the deposit .
or setting aside of collateral. of the types and in the manner as prescribed
by State law for the security of public funds, or approved by HHFA.
(c) Costs Ii urredfort:he D ''1ect. The Public Body shall charge to the
Project Account all eligible costs of the Project. Costs in excess of
the latest approved budget or attributable to actions which have not
received the reel:a red app.rova'? of UEFA shall not be considered eligible
costs.
(d) Documentation of Pro ect Costs. All. costs, charged to the Project,
including any services contributed by the Public Body or ,
others, shall be supported by properly executed payrolls, time records,
invoices, contracts, o- vouchers evidencing in proper detail the
nature and propriety of the charges.
(e) Checks, Ordersar i Vou ah•rs. Any check or order drawn by the Public
Body with respect to any item which la or wi..11 be chargeable against
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the Project Account will be drawn only in accordance with a prop=erly
signed Voucher than on file in the office of the Public Body stating
in proper detail the purpose for which such check or order is drawn. •
All checks, payrolls, invoices, contracts, vouchers, orders, or
other accounting documents pertaining in whole or in part to the
Project shall be clearly identified, readily accessible, and, to the
extent feasible, kept separate and apart from all other such documents.
(f) Audit Reports. At the request of HHFA, the Public Body shall provide
for each of its fiscal years for which the Project Account remains
open, an audit report prepared either by its official auditor or
audit agency or an independent certified public accountant, re— '
fleeting in detail the use of the funds of the Government, the
Public Body, and those from any other source with respect to
the Project.
Section 105. Requisitions and Payments. :' -
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(a) Preliminary Action by the Public Body. In order to obtain any Grant , ,
payment, the Public Body shall:
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(1 ) File with HHFA its requisition therefor including its ;'''
estimates of cash needs, on form or forms prescribed
by HHFA, and such other data pertaining to the Project
Account (as defined in Section 104 (a) hereof) and the ' 4
Project as HHFA may require, to justify and support , „r M t
the payment r;quisitioned; and �' ,', ��
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(2) Comply with all applicabi : provisions of this Contract. "�
;% S . 'fit(b) Government 's Cbligations. Subject to other provisions hereof, the ` 'xt..
Government will honor such requisitions in amounts and at times deemed rip"
by HHFA to be proper to insure the carrying out of the Project and f ��R
payment of the eligible costs thereof in accordance herewith. However, t .'
notwithstanding any other provision of this Contract, the Government
may elect by notice in writing not to make a payment on account of f.
the Project if: tE:. .:::^.r
(1 ) Misrepresentation. The Public Body shall have made any
misrepresentation of a material nature in its Application,
or any supplement thereto or amendment thereof, or in or
with respect to any document or data furnished therewith c e .
or pursuant hereto; „,
(2) Litigation. There is then pending litigation with respect tA:41, A`
to the performance by the Public Body of any of its duties Y'fi"'`"�
or obligations which may fa 4
g y j.,opardiz: or adversely affect . ,,.,,
the Project, this Contract, or payments to the Project; ii
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(3) Concurrence by Government. The Public Body shall have ``
taken any action pertaining to the Project which under
the established rocedures requires the •
p qu prior approval F,.
of HHFA or shall have proceeded to make related expendi-
tures or incur related obligations without having been
advised by HHFA that the same are satisfactory; f;,,
(4) Conflict of Interests. There has been any violation of the 4
3 conflict of interest provisions contained in Section 110(c) c ..
hereof; or
(5) Default. The Public Body shall be in default under any .•
of the provisions of this Contract. ..,,..."'
i
(c) Disallowed Costs. In determining the amount of the Grant, the 'a : . ,.
Government will exclude all Project costs incurred by the Public
Body prior to the date of this Contract, or prior to the date
of the approved budget for the Project, whichever is earlier,
costs incurred by the Public Body which are not provided for in
the latest approved budget for the Project, and costs attributable
to goods or services received under a contract or other arrangement
which has not been approved in writing by HHFA.
Section 106. Termination or Suspension of Government's Obligations.
i
(a) Termination or Suspension Generally. If the Public Body abandons
or, before completion, finally discontinues the Project; or if,
by reason of any of the events or conditions set forth in para-
graphs (1) to (5), inclusive, of Section 105(b) hereof, or for
any other reason, the commencement, prosecution, or timely
completion of the Project by the Public Body is rendered HA
improbable, infeasible, impossible, or illegal, the Government [ . .
may, by written notice to the Public Body, suspend any or all .:..
of its obligations under this Contract until such time as the 1.:7':::.,f'• '
event or condition resulting in such suspension has ceased or N
been corrected, or the Government may terminate any or all of 'FS''- ::
its obligations under this Contract.
(b) Action Subsequent to Notice of Termination or Suspension. Upon
receipt of any final termination notice under this Section, the
Public Body shall proceed promptly to carry out the actions
required therein which may include any or all of the following:
(1) necessary action to terminate or suspend, as the case may
be, Project activities and contracts and such other action as ,.
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f ' K i t r t t -,i t• hiy S 01: 3{ ai }j { t-i .t iy
Y .ry i Y +�, ._ x k 1 � 1 ��� t� #N 4 ��i �q A. 1 i9'tw4 3 S' S�
S" x -ai N ih ' _ z , ., i } ;: lo, 4 (3. ' ,t ?fir
��:�"' !�,» -gSA?L`2.»�b ;.,na'.v ^, ,p. .x. ,.. „ ..r�,'k.,yt ., -i':a: ,�+wL� ��-f4}{," ;�.'�*).,#. !i_ }i:l a' :'?��� gyp:'
6 ' ,
may be required or desirable to keep to a minimum the costs upon n „rta
the basis of which the Grant is to be computed; (2) furnish a ti`;�=. 1-;,,a'
r
statement of the status of the Project activities and of the E
Project Account as well as a proposed schedule, plan, and budget
for terminating or suspending and closing out Project activities c`
and contracts, and other undertakings the costs of which are
otherwise includable as Project costs; and (3) remit to the
Government such portion of the Grant payment previously received
as is determined by HHFA to be dui the Government under the
provisions of this Section. The closing out shall be carried
out in conformity with the latest schedule, plan, and budget
as approved by HHFA, or upon the basis of terms and conditions :
imposed by HHFA upon the failure of the Public Body to furnish r.
the schedule, plan, and budget within a reasonable time. The t
acceptance of a remittance by the Government of any or all
Project Funds previously received by the Public Body or the
closing out of Federal financial participation in the Project :Y
shall not constitute a waiver of any claim which the Government
( ;
may otherwise have arising out of this Contract. ,
4 .
Section 107. Remission of Project Account Upon Completion of Project. Upon `
completion of the Project, and after payment, provid.on for payment, or re— r.
imbursement of all Project costs payable from the Project Account is made
the Public Body shall remit to the Government any unexpended balance in
. the Project Account less its proportionate share thereof.
■
Section 108. Audit and Inspection. The Public Body shall permit, and r.i.
shall require its contractors to permit the Government's authorized repre— f: •
sentatives to inspect all work, materials, payrolls, records of personnel,
invoices of materials and other relevant data and records; and to audit
the books, records, and accounts of the Public Body, pertaining to the }
Grant and the development of the Project. i
Section 109. Contracts of the Public Body. Except as otherwise authorized
in writing by HHFA, the Public Body shall not execute any contract or
obligate itself in any other manner with any third party with respect to i.
the Project without the prior written concurrence of HHFA. ,
Section 110. Restrictions, Prohibitions, Controls, and Labor Provisions. �.
(a) Equal Employment Opportunity
i '
(1 ) In connection with the carrying out of any Project, the Public `
Body shall not discriminate against any employee or applicant
for employment because of race, creed, color or national origin.
The Public Body will take affirmative action to ensure that
applicants are employed, and that employees are treated during ':
employment, without regard to their race, creed, color or
national origin. Such action shall include, but not be limited
'
f':
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to, the followings employment, upgrading, demotion, or transfer; x
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for r
training, including apprenticeship. The Public Body shall in-
sert the foregoing provision (modified only to show the par— y
titular contractual relationship) in all its contracts in
connection with the development or operation of the Project, I``
except contracts for standard commercial supplies or raw r
materials and contracts referred to in subsection (2) of this
Section 110(a), and shall require all such contractors to
insert a similar provision in all subcontracts, except sub-
contracts for standard commercial supplies or raw materials.
When the Project involves installation, construction, demolition,
removal, site improvement, or similar work, the Public Body shall v.;
post, in conspicuous places available to employees and applicants
for employment for Project work, notices to be provided by the
HH?A setting forth the provisions of this nondiscrimination
clause.
(2) The Public Body shall incorporate or cause to be incorporated
into any contract for construction work, including rehabilita-
tion, alteration, conversion, extension, demolition or repair
i.
of buildings, highways, or other changes or improvements to
real property, including facilities providing utility services,
or modification thereof, as defined in the rules and regulations
of the President's Committee on equal ;rnployment Opportunity,
which is not exempt from the provisions of Executive Order 11114
of June 22, 1963 and which is paid for in whole or in part with
funds obtained under this Contract, the following equal opportunity
clause:
"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, creed, color, or national origin. The contractor 4
will take affirmative action to :insure that applicants
are employed, and that employees are treated during t, , . _
employment without regard to their race, creed, color
or national origin. Such action shall include, but not
be limited to the following; employment, upgrading, de-
motion or transfer; recruitment or recruitment adver-
tising, 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
setting forth the provisions of this nondiscrimination
clause.
i'a '� i~ •x _ #[, fi� t rx i.,1 l ,.,
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i ' (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, creed, color or national origin.
' (3) The contractor will sand to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding,
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
1 , • := for employment.
' (4) The contractor will comply with all provisions
Ai: of Executive Order No. 10925 of March 6, 1961, as amended
by Executive Order 11114 of June 22, 1963, and of the
rules, regulations and relevant orders of the President's
■;, Committee on Equal Employment Opportunity created thereby.
4i ' (5) The contractor will furnish all information
and reports required by Executive Order 10925 of March 6,1961,
r ei as amended by Executive Order 11114 of June 22, 1963, and
e by the rules, regulations, and orders of the said Committee,
or pursuant thereto, and will permit access to his books,
records and accounts by the HHFA and the Committee for
purposes of investigation to ascertain compliance with
++ such rules, regulations and orders.
,u,,. ii: ' (6) In the went of the contractor's noncompliance
V, ,>_1 �I with the nondiscrimination clauses of this contract or with
t,,,, 4y any of the said rules, regulations or orders, this contract
,' ,+ may be cancelled, terminated or suspended in whole or in
''f part and the contractor may b:3 declared ineligible for
further Government contracts or f:�derally assisted con-
`; -•.- struction contracts in accordance with procedures author-
' ized in Executive Order No. 10925 of March 6, 1961 as amended
by Executive Order 11114 of June 22, 1963, and such other
' sanctions may be imposed and remedies invoked as provided
in the said Executive Order or by rule, regulation or order
4 of the President's Committee on Equal Employment Opportunity,
or as otherwise provided by law.
!alb::! :'
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' (7) The contractor will include the provisions of
paragraphs(1 ) through (7) in every subcontract or purchase ,.. '
order unless exempted by rules, regulations or orders of the •
President's Committee on Equal Employment Opportunity issued
pursuant to section 303 of Executive Order 10925 of
March 6, 1961, as amended by Executive Order 11114 of .
June 22, 1963, so that such provisions will bee binding R
upon each subcontractor or vendor. Tha contractor will f.
take such action with respect to any subcontract or pur— !'
chase order as the HHFA may direct as a means of enforcing r
such provisions, including sanctions for noncompliance; E''
Provided, however, That in the event a contractor becomes
involved in, or is threatonodwith, litigation with a sub— t'-
contractor or vendor as a result of such direction by the '
HHFA, the contractor may request the United States to enter Fes.,
into such litigation to protect the interests of the United q
States. ' " a,s"° .,+
(3) The Public Body will be bound by the sev-:n provisions ':'i., R; .11
_cual opportunity clause in Section 110(a)(2) in any federally
assisted construction work which it performs itself other than
through the permanent work force d.ir :ctly employed by an ,
agency of government and in any direct contract with HHFA for
goods or services. i, _.
The Public 3ody agrees that it will cooperate actively with
the HHFA and the President's Committee on Equal Employment
q ;
Opportunity in obtaining the compliance of contractors and '
subcontractors with the equal opportunity clause and the [ %
rules, regulations, and relevant ordJrs of the Committee ; that
it will furnish the HHFA and the Committee such information as
they may require for the supervision of such compliance; and
that it will otherwise assist the HHFA in the discharge of the
F.
HHFA's primary responsibility for securing compliance. The
Public Body will refrain from ent )ring into any contract or : :
contract modification subject to :;xecutive Order 11114 with a `
contractor debarred from, or who has not demonstrated ;'
eligibility for, Government contracts and federally assisted r, - ".
construction contracts pursuant to Part III, Subpart D of
Executive Order 10925 and will carry out such sanctions and
penalties for violation of the equal opportunity clause as ..'
may be impo::ed upon contractors and subcontractors by the
HHFA or the Committee pursuant to Part III, Subpart D of 1; ..
Executive Order 10925. V,
,
(4) Tha Public Body will comply with all the requirements imposed
by Title VI of the Civil Rights Act of 1964 (78 Stat.214), the
•
Regulations of the HHFA issued thereunder (24 CFR Subtitle A,
Part 1,Section 1.1 et. ,eeq. ), and the assurance by the Public '
Body pursuant thereto,
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10
(b) Com p etitive Bidding. The Public Body will give full opportunity for free,
` open, and competitive bidding for each contract to be let by it calling
for construction or the furnishing of any materials, supplies, or
equipment to be paid for with Project Funds; will give such publicity to
I its advertisements or calls for bids for each such contract as will
provide adequate competition; and the award of each such contract, when
made, will be made by it as soon as practicable to the lowest responsible
. i bidder: Provided, That in the selection of materials, equipment, or
isupplies, the Public Body may, in the interest of standardization or
ultimate economy, if the advantage of such standardization or ultimate
' economy is clearly evident and 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 if the estimated amount of the proposed
contract, as estimated by the Public Body, is $2,500 or less, such
{ contract may, except where contrary to the requirements of State or local
law, be let by the Public Body on the basis of informal bidding:
Provided, further, That contracts in amounts of $1,000 or less may, except
1 a where contrary to the requirements of State and local law, be made from
time to time by the Public Body without negotiation or competitive
1 bidding and without observance of the other provisions of this subsection
1 (b) : and Provided, further, That if the Public Body finds, and the HHFA
concurs, that the purchase of materials, equipment, or supplies needed
are of a type or class that are not competitively available and the
obtaining of such materials, equipment, or supplies can be made more
economically by purchase in the open market by negotiation rather than by
competitive bidding, the Public Body may do so.
(c) Prohibited Interests. Neither the Public Body nor any of its contractors
or their subcontractors shall enter into any contract, subcontract, or
arrangement in connection with the Project or any property included or
planned to be included in the Project, in which any member, officer, or
i employee of the Public Body or the locality during his tenure or for one
.�' ' year thereafter has any interest, direct or indirect. If any such present
or former member, officer, or employee involuntarily acquires or had
acquired prior to the beginning of his tenure any such interest, and if I
I such interest is immediately disclosed to the Public Body and such
disclosure is entered upon the minutes of the Public Body, the Public
: Body with the prior approval of the HHFA, may waive the prohibition
contained in this subsection: Provided, That any such present member,
officer, or employee shall not participate in any action by the Public
Body or the locality relating to such contract, subcontract, or arrangement.
,
1 The Public Body shall insert in all contracts entered into in connection
with the Project or any property included or planned to be included in
any Project, and shall require its contractors to insert in each of their
subcontracts, the following provision:
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"No member, officer, or employee of the Public Body or of
the locality during his tenure or for one year thereafter
shall have any interest, direct or indirect, in this contract I,
or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement ;'
between the Public Body and its fiscal depositories, or to any agreement
for utility services the rates for which are fixed or controlled by a f
Governmental agency.
(d) Use of American-made Products. In accord with Section 9(c) of the
Urban Mass Transportation Act of 1964, only domestic source
manufactured articles shall be used in the performance of any contract 4,
for construction, reconstruction, or improvement of mass transportation
facilities and equipment in furtherance of the purposes for which a
grant is made under the Urban Mass Transportation Act of 1964.
As used in this section: �,• ,
(a) "Manufactured article" means any article, material, or
equipment brought to the project site for incorporation into mass
transportation facilities or equipment.
(b) "Component" means any article, material, or equipment
directly incorporated into a manufactured article.
(c) "Domestic source manufactured article" means any manufactured
article which has been manufactured in the United States if the cost
of its components which are manufactured in the United States exceeds
75 percent of the cost of all its components.
(d) "United States" means the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and the possessions of the
United States.
In determining whether a manufactured article is a domestic source
manufactured article:
(a) Only the manufactured article and its components shall be
considered.
(b) A component shall be considered to have been manufactured in
the United States if the manufactured article in which it is incorporated
is manufactured in the United States and the component is of a class or
kind determined by the Administrator to be not manufactured in the United
States in sufficient and reasonably available commercial quantities.
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12
ti (e) Patent Rights. Any patentable result arising out of this Contract,
as well as all information, designs, specifications, know—how, data,
and findings, shall be made available to the Government for miblic
use, unless the HHFA shall in a specific case where it is legally permissible
determine that it is in the public interest that it not be so made available.
(f) Interest of Members of or Delegates to Congress. No member of or
delegate to the Congress of the United States shall be admitted to
any share or part of this Grant Contract or to any benefit arising
therefrom.
(g) Labor Provisions — Construction. The following provisions shall be
li
applicable to all construction contracts let by the Public Body in
1: 1 carrying out the Project involving $2,000 or more.
(1 ) Minimum wages. (i) All mechanics and laborers em-
ployed or working upon the site of the work, will be paid un-
i' conditionally and not lass often than once a week, and without
subsequent deduction or rebate on any account (except such
j payroll deductions as are permitted by regulations issued by
1 the Secretary of Labor under the Copeland Act (29 CFR Part 3),
the full amounts due at time of payment computed at wage rates
not less than those contained in the wage determination decision
of the Secretary of Labor applicable to the Project, regardless
of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics; and the
.. wage determination decision shall be posted by the contractor at
i the site of the work in a prominent place where it can b> easily
• seen by the workers. For the purpose of this clause, contributions
made or oasts reasonably anticipated under section 1 (b)(2) of the
Davis—Bacon Aot on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions
of 29 CFR 5.5(a)(1 )(iv). Also for the purpose of this clause,
regular contributions made or costs incurred for more than a weekly
t®rr' {i
period under plans, funds, or programs, but covering the particular
'_`�{ .. weekly period, are deemed to be constructively made or incurred
1 during such weakly
„ g Y period.
t j
jh ,{ (ii) The contracting officer shall require that any class of
`` laborers or mechanics which is not listed in the wage determination
a.4.!tlii:ji:,:�.. 7 laborers u
e eee and which is to b3 employed under the contract shall be classified
z e p 3 ,
�;; or reclassified conformably to the wage determination, and a report
of the action taken shall ba sent by the HHFA to the Secretary of
'l Labor. In the event the interested parties cannot agree on the
:, proper classification or reclassification of a particular class of
laborers and mechanics to be used, the question accompanied by the
F ,. ! recommendation of the contracting officer shall be referred to the
Secretary for final determination.
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(iii) Tho contracting officer shall require, whenever i�ri ,
the minimum wage rate prescribed in the contract for a class '.
of laborers or mechanics includes a fringe benefit which is i -"
not expressed as an hourly wage rate and• the contractor is
obligated to pay a cash equival,ent of such a fringe benefit, I.
an hourly cash equivalent thereof to be established. In the
event the interested parties cannot agree upon a cash equiva— '
dent of the fringe benefit, the question, accompanied by the
recommendation of the contracting officer, shall be referred `:
to the Secretary of Labor for determination.
(iv) The contractor may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably
anticipated in providing benefits under a plan or program
described in section 1 (b)(2)(B) of the Davis—Bacon Act, or -:
any bonafide fringe benefits not expressly listed in section :
1 (b)(2) of the Davis—Bacon Act, or otherwise not listed in ;
' the wage determination decision of the Secretary of Labor which ``
is included in this contract, only when the Secretary of Labor
has found, upon the written request of the contractor, that
the applicable standards of the Davis—Bacon Act have been met.
Whenever practicable, the contractor should request the
Secretary of Labor to make such findings before th:e making of
the contract. In the case of unfunded plans and programs, .
the Secretary of Labor may require the contractor to s.:t
aside in a separate account assets for the meeting of
obligations under the plan or program. k
(2) Withholding. The HHFA may withhold or cause to be
f
withheld from the contractor so much of the accrued payments
or advances as may be considered n.;cessary to pay laborers and
mechanics employed by the contractor or any subcontractor on
the work the full amount of wad.:s required by the contract.
In the event of failure to pay any labor r or mechanic employed
or working on the site of the work, all or part of the wages 6
required by th^ contract, the FmFA may, after written notice ?°
to the contractor, sponsor, applicant, er owner, take such t .
action as may be necessary to cause the suspension of any , .
further payment, advance, or guarantee.: of funds until such ':, _
violations have ceased. :
(3(3) Payrolls and basic records. P.. "•
: .� (i) Payrolls and basic P. . :
records relating thereto will be maintained during the course
of the work and preserved for a period of three years ther +-
after for all laborers and mechanics working at the site of r
the work. Such records will contain the name and address of
f•
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i .
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each such employee, his correct classification, rates of pay
(including rates of contributions or costs anticipated of the
types described in section 1 (b)(2) of the Davis—Bacon Act), i'
daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or `'
mechanic include the amount of any costs reasonably anticipated i
in providing benefits under a plan or program described in
section 1 (b)(2)(B) of the Davis—Bacon Act, the contractor shall
maintain records which show that the commitment to provide such
benefits is enforceable that the lan or
p program is financially
responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records ?'
which show the costs anticipated or the actual cost incurred
in providing such benefits. Ili
(ii) The contractor will submit weekly a copy of all payrolls to the
Public Body for transmission to the UFA. The copy shall be accompanied
by a statement signed by the employer or his agent indicating
that the payrolls are correct and complete, that the wage rates i.
contained therein are not less than those determined by the is
Secretary of Labor and that the classifications sat forth ,`
for each laborer or mechanic conform with the work he performed.
A submission of the ''Weakly Statement of Compliance" which is
required under this contract and the Copeland regulations of :
the Secretary of Labor (29 CFR, Part 3) and the filing with 1.
the initial payroll or any subsequent payroll of a copy of any
findings by the Secretary of Labor under 29 CFR 5.5(a)(1 )(iv) t:
shall satisfy this requirement. The prime contractor shall
be responsible for the submission of co ies of i
p p payrolls of
all subcontractors. The contractor will make the records
required under the labor standards clauses of the contract
available for inspection by authorized representatives of the
HHFA and the Department of Labor, and will permit such repre-
sentatives to interview employees during working hours on the j.
job. i,
(4) Apprentices. Apprentices will be permitted to work
as such only when they are registered, individually, under a "!
bona fide apprenticeship program registered with a State ; '
apprenticeship agency which is recognized by the Bureau of
Apprenticeship and Training, United States Department of Labor;
or, if no such recognized agency exists in a State, under a
program registered with the Bureau of Apprenticeship and
Training, United States Department of Labor. The allowable r`
ratio of apprentices to journeymen in any craft classification f.
I
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shall not be greater than the ratio permitted to tha contractor
as to his entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage ea e, who is
s not registered as above shall be paid the wage rate determined
by the Secretary of Labor for the classification of work he
actually performed. The contractor or subcontractor will be
required to furnish to the contracting officer written evidence
of the registration of his program and apprentices as well as
of the appropriate ratios and wage rates, for the area of
construction prior to using any apprentices on the contract work.
(5) Compliance with Copeland Regulations (29 CFR Part 3). r
The contractor shall comply with the Copeland Regulations (29 CFR
Part 3) of the Secretary of Labor which are h:orein incorporated G
by reference.
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(6) Contract termination; debarment. A breach of clauses €� r ;
(1 ) through (5) and (10) may ba grounds for termination of the
contract, and for debarment as provided in 29 CFR 5.6.
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(7) 0vertime requirements. No contractor or subcontractor f
contracting for any part of the contract work which may require ,
or involve the employment of laborers or mechanics shall require i
or permit any laborer or mechanic in any workweek in which he is 's
employed on such work to work in excess of eight hours in any
calendar day or in excess of forty hours in such workw9 ek unl ass
such laborer or mechanic receives compensation at a rate not less
than one and one—half times his basic rate of pay for all hours
worked in excess of eight hours in any calendar day or in excess ;`
of forty hours in such workweek, as the case may be. f
(8)Violation; liability for unpaid wages; liquidated damages. t
In the event of any violation of the clause set forth in sub— ;'.
paragraph(7), the contractor and any subcontractor responsible
therefore shall ba liable to any aff.;cttd employee for his un-
paid wages. In addition, such contractor and subcontractor shall
c.
be liable to the United Stages (in the case of work dons, under
contract for the District of Columbia or a territory, to such
District or to such territory) , for liquidated damages. ach �!
.`e
liquidated damages shall b computed with respect to each
individual laborer or mechanic :m lo - ;
p y d in violation of the
clause set forth in subparagraph (7), in the sum of $10 for 4
each calendar day on which such employee was required or
permitted to work in ,xeess of eight hours or in excess of the
standard workweek of forty hours without payment of the over-
time wages required by the clause set forth in subparagraph (7). I;
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(9) Withholding for liquidated damages. The HHFA may with-
hold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor, such sums as
,f may administratively be determined to be necessary to satisfy any
a liabilities of such contractor or subcontractor for liquidated
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I damages as provided in the clause set forth in subparagraph (8).
i (10) The contractor shall insert in any subcontracts the
1 i clauses sat forth in subparagraphs (1 ) through (9) of this para-
graph and such other clauses as the HHFA may by appropriate
s ° instructions require, and also a clause requiring the subcon-
t. tractors to include these clauses in any lower tier subcontracts
which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
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Section 111. Construction Contracts.
(a) Changes in Construction Contracts. Any change in a construction
contract shall be submitted to the HHFA for prior approval. Construction
] contracts shall include a provision specifying that the aoove re-
4 quirement will be met.
(b) Contract Security. The Public Body shall require that each con-
struction contractor shall furnish a performance bond in an
amount at least equal to 100 percent of his contract price as
1 security for the faithful performance of his contract and also
1 a payment bond in an amount not less than 50 percent of his
contract price or in a penal sum not less than that prescribed
4' ' by State, territorial, or local law, as security for the payment
of all persons performing labor on the Project under his contract
:1+ and furnishing materials in connection with his contract. The
performance bond and the payment bond may be in one or in separate
instruments in accordance with local law.
, (e) Insurance Airing Construction. The Public 3ody shall require that
ta ', each of its construction contractors and his subcontractors shall
maintain, during the life of his contract, Workman's Compensation
Insurance, Public Liability, Property Damage, and Vehicle Liability
Insurance in amounts and on terms satisfactory is amatory to the HHFA.
(d) Signs. The Public Body shall cause to be erected at the siti of
construction, and maintained during construction, signs satisfactory
to the HHFA identifying the Project and indicating the fact that
the Government is participating in the developm;nt of the Project,
' - , (e) Provisions of Construction Contracts. In accordance with Section 109 hereof
`s-i.)' the terms and conditions of each construction contract are subject to
t : prior approval by HHFA. In addition to the requirements of this Section 111,
ON'" each construction contract shall contain among others, provisions required
)i 'x''"'.,. g s F q
>' p by subsections (a), (c), (d), (f), and (g) of Section 110 hereof.
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Section 112. Miscellaneous Provisions. I'M
(a) kir Pollution. All proposals for the acquisition, construction, i'
reconstruction, or improvement of facilities or equipment shall i
be presented to the HHFA for approval. In rendering such approval, i
th.. RUA shall take into consid )ration whether such facilities €
or equipment is designed and :quipped to prevent and control l
air pollution.
(b) Government Not Obligated to Third Parties. Ph) Government shall r�
not be obligated or liable hereunder to any party other than f'.
the Public Body. �.
(c) Wh- n Rights and Remedies Not Waived. Tn no :vent shall the t
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 covenant or any default which may then exist, `
on the part of the Public Body, and the making of any such ,
payment by the Government while any such breach or default
shall exist shall in no wise impair r1• prejudice any right or '.
remedy available to the Government in raspee ,, o . such breach ..-
or default.
(a) How Contract Affected by Provisions Being Held Invalid. If any :,:
provision of this Contract is held invalid, the remainder of this 1.
Contract shall not b affected thereby if such remainder would then `
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continue to conform to th.� terms and requir .m,nts of applicable law. ;
(e) Bonus or Commission. By execution of the Grant Contract the Public
Body represents that it has not paid and, also, agrees nottn pay,
any bonus or commission for the purpose of obtaining an approval y
of its application for the Grant hereunder.
(f) State or Territorial Law. Anything in the ;rant Contract to the
contrary notwithstanding, nothing in th. arant Contract shall :?;' '
require the Public Body to obs :ry or enforce compliance with +'r`''-P-4,t
any provision thereof, p :rform any other act or do any- other '�
thing in contravention c:' any an licabl State or territorial '''"
law: Provided, That if any of the provisions of the Grant `" ` '
t `�s-alsrr,�' `e
:ontract violate any applicable ;State or territorial law, or #tea tr.
if compliance with the provisions of the Grant Contract would ,` �+ N
require the Public Body to violate any applicable State or Ri;rk�
territorial law, the Public Body will at once notify the HHFA ^.;,,,"...
in writing in order that appropriate changes and modifications
m't be mad by the HHFA and th.. Public Body to the end that the ��"
F 4Y w
� t s
Public Body may proceed as soon as possible with the Project.
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SECTION 2. This Resolution shall be in full
force and effect from and after its adoption.
ADOPTED: December 1, 1965
57e//
ATTEST: / APPROVED
City Clerk Mayo