HomeMy WebLinkAbout1979-01-08 107 AG RESOLVE307 AG
xodmcG byCOU -.dlox 60acy, danaazy Be 1979
CITY OF BANGOR
(TITLE) gMltm, Assuring: ani c tifying: the city's Compli trio
Certain Regniremente for Cae=nity Develolment Funds
By W C(W Casson W W QW gfBnnps c
RRSOLVSD, WHERBASs the City of Bangor vrishes to make a fifth year application
for and receive Cammmity Develolment Block Grant Hold-Aaxmleas fends vnder Title
I of the Housing axel Comvucity Development Act of 1974, as amended; and
BuCbCm3 Section 104 of'the Housing and Comity Development Act
a 1974. as ®endedp and 9ectim 570.307 of Title 24 of the Code of Federal
Regulations require that certain certificatims and asaarancea be given by the
City of Bangor;
NOWT TBEREFORE9 BE IT RESOLVE by the City Council of the City of
Bangor that the City of Baz or hereby easures and certifies that it Will comply
with the assurances for the Coomunity Development Bloch Grant Entitlement Grants.
Program attached hereto as '£xhiblt A" end consisting of four (4) ftentb red pages.
IN CITY COUNCIL OANUARY 801979
R`+PERFD-TO COMMUNITY UEFELOPMENT 107 AC
C.N.M.
R ESOLYE
CIFR
IN CITY COUNCIL JANUARY ASSURING AMO CERTIFYING THE�
2201999 PASSED
COMPUMC0 WITH CERTAIN REQUIRZ .NTS FCA
CO141UN1TY YIEVF;LO w FUNDS.
.. U.S. Department of Aouamq and Urban Development
Community Development Block Grant
Entitlement Grants Program
Assurances
"a applicant hereby Beltran and certifies their
)al It possesses legal authority to apply for the grant, and to execute the
proposed program.
(b) Its governing body has duly adopted Or passed as a official a e8 o-
lution, motion or similar actio authorizing the filino o[ the application,
including all understandings and assurances contained [herein, and directitq and
authorizing the person identified a the official representative of the applicant
to act i ction with the application and t0 or uvide Such additional informa-
tion a may be
s resulted.
(c)It has complied with all the requirements of OMD Circular No. A-95 as
modified by 34 CPR 570.310 and that either:
(1) Any comments and r endation$ made by Or through clearinghouses are
attached and have been considered prior to submission Of the application; or
)1) The required procedures have been followed and no comments or recommenda-
tions have been received.
(d) Prior tosubmissionof its application', the applicant has.
(1) Prepared a written citizen participation plan, which:
(i) Provides an opportunity for citizens t0 participate in the development
Of the application, encourages the a bmission of views and proposals, particularly
by residents of blighted neighborhoods and citizens Of low- and moderate -income,
provides for timely responses to the proposals submitted, and schedules hearings
t.[ and locations ah ich permit, broad participation;
(III Provides citizens with adequate information concerning the amount of -
funds available for proposed community development and housing activities, the
range of activities that may be undertaken, and other important program require -
mentor
(III)
e uire-
men(i11) Provides for public hearingsto mobtain the views Of citizens on comu-
nity development and housing needs; and
.(iv) Provides Citizens with an Opportunity to submit comments COnCerning the
community development performance of the applicant.
(1) Followed this plan In 4 manner to achieve full participation Of citizens
in development Of the application. The applicant shall also follow this plan to
achieve full citizen participation In 211 Other stages of the program.
(e) Its chief exewtive officer Or other officer Of applicant approved by
BUD,
(1) Consent8 to arcane a the a of a responsible Federal official under the
National EnvironmentalPolicy Actof 61969 insofar as the provisions of such Act
apply to la CFR 510;
13) IS authorized and comments On behalf of the applicant and bfmaelf to
accept the jurisdiction of the Federal courts for the purpose Of enforcement of
his responsibilities as Such Tp official.
Po9e 1 of 4 - MD -"68 S.78)
axi-
Irl Sha Community Development Program has been developedso
as to give name
m feasible priority to activities which will benefit loo-
families or aid in the prevention or elimination at slams or blight.
(The requirement for this certification will not preclude the Secretary it=
approving a application where the applicant certifies, and the Secretary deter-
minesa that all or part Of the Community Oevelodevelopment ement Program activities
asaspecificallyto tother explainedm in the application in accordands ceawitht$530a3011f .j
(q) It will comply with the regulations, policies, guidelines and reaui[e-
¢nts theyfCBS relateCircular
to the applicationRevised, acc tance,PanSer a le Management
Federal Circular
nder,
24 CPP 530. t soca n ue o e v
in 341 CFPt5ID1605 andiB00rand regulationsa the issuedlabor foImplement forth
such requirements.
(1) It will comply with all r quirement$ imposed by HUD concerning special
auirements of is,, program requirements, and that administrative requirements,
approved in accordance with OND Circular 60. A-102, Revised.
(j) It will comply with the provisions of Executive Order 11256, relating to
valuation of flood hazards and Executive Order 1128E relating to the prevention,
control, and abatement of water pollution.
(k) It will require every building Or facility lather than a privately Ovned
residential agent tore) designed, constructed, or altered with funds provided
under 24 CER 57D to comply with the 'American Standard Specifications for Making
9uildinas and Facilities Accessible t0, and Usable by, the Physically Randicapp-
O,- Number A -11].1-P 1571, subject to the exceptions contained in 41 CFR 101-
15.604. The applfcant will be responsible for conducting inspections to insure
Compliance with these specifications by the contractor.
(3) It will Comply with,
(1) Title Of Of the Civil Rights Act of 1964 (Pub. L. a$-352), and the regu-
lations issued pursuant thereto 124 CPR Part 1), which provides that no person
in the United States shall on thegrounds of face. color, O ational origin, be
excluded from participation in, be denied the benefits of, or be Otherwise Sub-
jected to discrimination under any programor activity for which the applicant
receives Federal financial snl assistante and will immediately take any measures
necessary
effectuate his assurance. If any real property ostructurethere-
on ee
provided of improved with the Of Federal financial assistance extended
t0 the applicant, this assuranceshall obligate the applicant, or in the Case Of
any transfer of such property any transferee, for the period during which the
real property O So niceu a is used for a purpose for which the Federal financial
extended,or for another purpose involving the Provision of similar
services or benefits.
(2) Title VIII Of the Civil Rights Act of 1968 (Pub. L. 90-284)0 as amended,
administering all programs and activities relating t0 housing and c mmunity
development in a manner to affirmatively further fair houaingi and will take
action t0 affirmatively further fair housing in the sale Or cental of housing,
the financing Of housing, and the provision of brokerageservices.
(3) Section 109 of the Housing and Community Development Act of 1914, and the
insulations i¢sued pursuant thereto (24 CPA Part 570.601). which provides that n
person in the United States shall, an the .grounds of rat r
calor, national Origin,
r
be excluded from participation in, be dented the benefits of, or be Sub -
Nted to discrimination under, any program or activity funded in whole O[ in Part
N funds provided under 24 CPR 570.
page 2 of 4 MN -7066 (6-78)
(4) Executive order 11063 on equal opportunity in housing and nOndiscrimina-
Sien in the sale of rental Of housing built with Federal assistance.
(5) Executive Order 21246, and the regulations issued pursuant thereto (34
CIA Pact 130 d 4160), and Section
of the Gnt
which p Ovldea that no PpersonaShall be discriminated ) against on theAbasis eof race,
color, religion, sex or national origin inall phases Of employment during the
peror formance
assisted assisteditconp Contracts. Co Conrac
tts ctors
shall
takeandsubcontractors on Federalandfederally
affirmative action to insure fair treatment in employment, upgrading,sdemo-
r transfer; recruitment recruitment advertising; layoff or termination,
Cates Of pay o other forms of compensation and selection for [raining and
apprenticeship.
(m) it will comply with Section 3 of the Booming and Urban Development Act 0f
1968, as amended, requfrina that t0 the greatest extent feasible opportunities
f0[ staining and employment be given t0 lovef-income residents of the p[Ot
area and contracts for work in connection with the project be awarded eligible
businesswhich are located in. O Owned in substantialpartby, persons
in
[ [
residing Sn Ne area of the project.
In) It will'
(1) To the greatest extent practicable under State Saw, Comply with Sections
301 and 302 of Title III (Uniform Reel Property Acquisition Policy) of the Uni-
form Relocation Assistance and Peal Property Acquisition Policies Act Of 1910 and
will Comply with Sections 303 and 304 of Title III, and HUD implementing inst[uC-
ti0ns at 24 CPR Part 42s and
(2) Inform affected persons Of their rights and of the acquisition policies
and procedures Set forth in the regulations at 34 CPR Part 42 and 5570.602(b).
(e) I[ will'
(1) Comply with Title II (HnifOtm Relocation Assistance) of the Uniform Rely
cation Assistance and Real Property Acquisition Policies Act of 1910 and HUD
implementing regulations at 34 CPR Part 42 and 5570.603(b);
(2) Provide relocation payments and Offer relocation assistance as described
in Section 305 of the Uniform Relocation Assistance Act to all persons displaced
as a cult of acquisition of real property for an activity assisted under thet
Community Development Block Grant program. Such payments and a shall be
pf Ovided in a fair and consistent and equitable Fanner that insuresthat the
relocation process does not result in different or separate treatment of Such
persons In account Of race, color, religion, national origin, Sex. Of Source of
income;
3) Assure that, within a reasonable period 0f time prior to displacement,
comparable decent, safe and Sanitary replacement dwellings will be available to
all displaced families age individualsand that the range of CholttS available
to such persons will not vary on account of their face, Colo[, religion, national
origin, sex, Or source Of income; and
(4) Inform affected persona Of the relocation a sistance. policies end proee-
dotes Eet forth Sn the regulations at 34 CPP Part 42 and 34 CFR 510.602(a).
(p) It will establish safeguards to prohibit employees from using positions
for purpose that is Or gives the appearance of being motivated by a desire for
Easv to gain for themselves others, particularly those with whom they neve
ily, business, Or Other ties.
page 3 of 4 HUD -0068 (6-08)
(q)it
will comply with the provisions of the Match Act which limits the
politicalactivity of employees.
(r) It will give HUD and the Comptroller General through any autho[i2ed r
documents entataccess t gand
the right to examine all records, books, papers, o
d to
(8) itelatedwill insure that the facilities under its ownership. lease of supervi-
sion which shall be utilized in the accomplishment of the Program are not listed
an the Environmental Protection Aga the
Agency's (EPA) list of Violating Facilitiesa and
that it will notify HUD of the receipt of any commune [
iOn the EPA Office Of Federal Activities indicating that a facility t0 be Used in the
project is under consideration for listing by the EPA.
(t) it will comply with the flood insurance purchase requirements of section
102(a) of the Flood Disaster Protection Act Of 1973. Pub. I. 93-234r 87 Stat.
975. approved December 31, 1973, Section 103ua) required. o An B of ser March 2.
1974. the purchase of flood insurance in communities where
such insurance a is
vailabin rendition for the receipt of me y Federal financial assistance
adenCfor-
a ,struction Ov acquisition Purposes for vas in any a s
Lied by the Secretary of the Department Of Nouaing andUrbanfins Development as an
assistance -
rem having special flood hazards. The phrase °Fade ral financial ialbate,subsidy,
includes an9 fors of Ioano gent, guaranty. the[urancformeofadirect or indirect
disaster assistance loan [ grant, O[ any a
Federal assistance.
(u)
It
w111. in
cannec[lon with its performance of environmental assessments
under the National Environmental Polity Act of 1969. complytwithnSection 106 of
the National Historic Preservation Act Of 1966 (16 U.S.C. 470). Executive Order
11593, and the Preservation of Archeological and istorical Data Act of 1966 (16
D.S.C. 469a-1, at. seg.) by:
(1) Consulting with the State Historic Preservation Officer to identify
properties listed in or eligible for inclusion In the National Register of His-
toric Placesthat
are subject to adverse effects (see 36 CPE Part 800.8) by the
propose act _ -
adverse effects nupon toSuch allpcecuirements establishes by HUD to avoid Or mitigate
page 40f 4 HW -7068 (6-781
I f
BCT -5A
CITY OF BANGOR
COPPID ITY DFAELOPNFNT DBPARTHENT
'PROPERTY REHABILITATION LOAN PROGRAM
TERNS AND CONDITIONS
1. Purp f Loan. The Borrower agrees to use the Lam proceeds to
omp as sTTi tTie r�e:abilitation of his property, identified in the
Application filed by him on. Form BCD -13 or ECT -91, to meet the require-
ments of the Housing Code of the City of Bangor and to make such other
improvements as necessary for putting his property in general good
and readily maintainable condition with the necessary facilities in
good working order. Loans will be available only for the purposes Of
rehabilitating dwelling units which do not meet the minumum require-
ments of the Housing Code in Community Development Program project
areas as established by Order of the City Council of the City of Bangor.
The Borrower further agrees to use any Loan proceeds remaining after
the accomplishment of the foregoing rehabilitation to carry out any
additional rehabilitation (including any general property improvements).,
to make any related expenditures, and to accomplish the reducement of
the debt made. by the Loan, to the extent and in the manner authorized
by the approved Application and its. supporting documentation.
2. ➢ascription of Loan. The Loan will be evidenced by a.Promissory
Note execute v ttgrower, and, if required by. the City of Bangor,
will be secured by a mortgage or equivalent security instrument, in
form and substance satisfactory to the City of Bangor. The Note will:
a. Be in the face amount of the Loan approved by the City of
Bangor;
b. Bear interest at the rate of three percent (3'f) per anmm
on the principal outstanding at anytime;
c Be subject to such other conditions of repayment as: shall
be more fully specified in the Note.. The Borrower agrees that the proceeds of. the Loam shall. he deposited
in an account maintained by the City of Bangor subject to withdrawal only
as essary to carry out the purpose(s) of the Loan as described in para-
graph 1, supra: Provided, that all proceeds of the Loan not so withdrawn
::hall be applied by the City of Bangor or other escrow representative
to reduce. the. out:aanding and unpaid principle .amount of the, Loma,
::ny accrued interest and late charP.es, ands if this is a secured Loan,
any additional amount secured by the security instrument, and, if any
Condo romain after ::o doing, the City of Banger may pay over the aamo
to the Borrower.
!without attempting to enumerate all possibilities, the foregoing
orovlsion shall be applicable, when the purposes of the Bonn are no
longer capable of being carried out, when the Loan has been canceled
by the City of Banger pursuant to paragraphs 3 or 8(b), infra; or,
when the entire amount of the Boom has becomes or has been declared
by the City of Bangor to be immediately due and payable pursueat to
the provisions of the Notes the security instruments if any, or these
Terns and Conditions. -
3. Gane enation and Acceleration of Amounts Sue. At its option, the
City of Bangor, or its tlesignee, reserves the sight to cancel and ter—
enate this Iran by sending written notice of cancellation to the Borrower
t his mailing address as set forth in the Application if, for a period
of 60 days foam the date of execution of the Note, the Borrower shall
have failed or refused to cause the commencement of physical rehabili—
tation work on his property, or if the Borrower shall have failed o
refused to complete such rehabilitation work within a reasonable time.
The City of Bangor's failure to exercise this right shall not be deemed
a waiver thereof, as long as the rehabilitation wobk remains incomplete.
In addition to, And not in derogation of the provisions of the Note,
or, if this is a secured loan, the Security instrument, the Borrower agrees
that the entire principal amount of the Note, together with any, accrued
interest, late charges, and any other amounts secured by the security
instrument, shall become immediately due end payable without notice or
demand noun the cancellation of this Loan, pursuant to this paragraoho
paragraph 8 (b). The Note shall also became immediately due and payable
upon the insolvency, assignment for the benefit of creditors, commencement
of any proceeding under any bang uptey insolvency law by or'against the
borrower,
The Borrower further agrees that the City of Banger is authorized to
declare, at its option, any part or the entire amounts of such. indebted—
.mass immediately due and payable upon the happening of AnY of the
following events:
as The sale or prior encumbrance of the collateral,. or of
the property which is the subject of the rehabilitation
financed by the Bose;
—2—
b. The loss, theft, substantial damage to or destruction of
the collateral not covered by insurance;
e The failure to renew insurance on the collateral, o
sub—
stitute
inn ra insurance ranee on the collateral when subs
coverag iterminated. not obtained before the insurance
coverage terminates.
d. The Borrowers death or legal incapacity to act, prior
to the completion of the rehabilitation work, if the City
of Bangor determines that the purposes of the Loan have
been rendered impracticable of fulfillment.
The City of Bangor's failure to exercise any of its rights hereunder shall
not constitute a waiver thereof.
4. Accomplishment of Work. The Borrower agrees to carry out all rehabili-
tation work specified in the Application and its supporting documentation
with all practicable dispatch in a sound, economical, and efficient manner,
either persomlly or through written contract let by his with the prior
concureence of the Government omits designee. In accomplishing such
rehabilitation, the Borrower will comply with applicable Codes of the City
of Bangor, and, to the extent that those am not controlling, with the
work writeup submitted with the Loan Application. If the estimated amount
of contract for rehabilitation work, or for the purchase of materials,
equipment, or supplies to be used in connection with the rehabilitation
work, is:
a. S27.000 or mora, the Borrower. agrees to. give full opportunity
gir free, open, and competitive bidding for that contract: to
ve such publicity, through advertisements ami solicitations
for bids, as will produce competitive bidding; and to award
each contract to the lowest responsible bidder.
b. less than $29.000, the Borrower may enter into such contracts
by negotiation without advertising or competitive biddy.
5. Ineli able Coatracto�rs. The Borrower agrees not to award any contract
r purchase order far tteamastation work, other services, materials, equip-
ment, or supplies, to be paid for, in whole or in part with the proceeds
of the Conn, to any contractor or subcontractor, whom the Borrower has been
sdaised is unacceptable for federally assisted contracts by the Secretary
of Housing and Urban Development, or his designee, or delegates,
b. Inspection of Work. The City ofImageror its designee shall here the
right to iaspeet all rehabilitation work financed, in whole or In part,
with the proceeds of the Iran, and will inform the Borrower of any non -
compliances with respect to the contract for the rehabilitation work,'
but will not issue any orders or instructions to the contractor or
subcontractor performing the work. The Borrower will take all steps
necessary to assure that the Cowroment or its designee is permitted
to examine and inspect the rehabilitation work, and all contracts,
materials, equipment, p;vralls, seed conditions of employment pertaining
to the work, including all. relevant data and records.
7. Records, The Borrower agrees to keep such records as may be required
by tCSty of Bangor with respect to the rehabilitation work financed,
in whole or in part, with the aid of the Loan, and, furthermore,. when
the rehabilitated property contains rental units, the Borrower agrees
to keep such records as may be required by the City of Bangor with
aspect to income received and expenses incurred from this property. -
The Borrower will, at toy time during normal business hourS, and as
often as the City of Bangor or its designee, may deem necessary, permit
the City of Bangor to haw full end free access to its records with
respect to the utilisation of the proceeds of the Inas, and when applic—
able, to the income and expenses incurred through rental, and will permit
the City of Bangor to audit, exanine, and make excerpts or transcripts
from his records and to review, inspect, and make audits of all rehabil—
itation work, contracts, inwices, material, payrolls, records of persorvsl,
conditions of employment, books of record, and other documentary data perms
tainting to the Loan ad the rehabilitation work, and when applicable, to
income and expenses incurred through rental of the rehabilitation property.
S. Equal Fhmldvment Opportunity.
a. C ntract Bub cut to Executive order 11446. The Borrower hereby
agrees that it wall incorpora a or cause to be incorporated into
any contract for construction work, or modification thereof, a
defined in the regulations of the Secretary of Labor at 41 CM
Fart 609 which is paid for in whole or in part with funds
Obtained free the Federal Government or borrowed on the credit
of the Federal Covsramentpursuant to a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or
guarantee, the followinf equal opportadty clause:
During the performance of this contract, the contractor agrees
as follows:
(1) The contractor will not discrimdnate against any employee
or applicant for employment because of race, colors religion,
sex, or national origin. The contractor will take affir—
mative action to ensure 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: emplvymaht, upgrediry(, demotion, or
—4—
transfer recruitment or recruitment advertiaing; layoff
or termination; rates of pay or other foams of bompen-
setien; and selection for training, including apprentice-
ship. The contractor agrees to post is conspicuous places,
available to employees and applicants for employment,
notices to be provided by the municipality setting forth
the provisions of this naddserlmination-clause.
(2) Me contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the contractor,
state that all qualtRed applicants will receive consider-
ation for employment without aegari to their race, color,
religion, sex, or national origin.
(3) ?he contractor will Send to each labor and -On or repre-
sentative of workers with Mach he has a collective
bargaining agreement or other contract or understanding,
a notice, to be provided, advising the said labor anion or
workers' representative of the coMmactorls commitments
under this section and shell post copies of the notice in
conspicuous places available to employees and applicants
Ior employment.
(4) The contractor will comply with all provisions of Executive
Order 11246 of September 240 1965, and of the rules, regu-
lations, and relevant orders of the Secretary of Labor. -
(5) The contractor will furnish all information and reports
required by Executive Order 1121 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary
of Labor or the Secretary of Housing and Urban Development,
or pursuant thereto, and will permit access to his books,
records, and accounts by the Secretary of Housing and
Urban Development, or his designee, and the Secretary of
- Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any
of the said rules, regulations, or orders, this contract
may be canceled, terminated, or suspended in whole or in
part and the contractor may be declared ineligible for
further Government contracts or federally assisted can-
straction contracts in accordance with procedures suthorieed
in Executive Order 11246 of September 24, 19650 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.
-3-
The contractor will include the portion of the sentence
immediately procotling paragraph (1) .and the provisions
of paragrnphs (1) through (T)- in carry subcontract or
purchase order onleu's'. exempted by awlear regulatlons,
or orders of the Sccreta of Inner issued pursuant to
Section A of Executive Order 11y6 of September. 24.
1965t so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase
order as the property owner or the Secretary of HousiO8
and Urban Develepment may direct we a mesas of enforcing
such provisionov including sanotiuns for nonce mpliaxe4
Provided, hoieever. That in the event the contractor
becomes involved inn or is threatened with, litigation
with a subcontractor or vendor as a result of such
direction by the property owner or the Secretary of
Housing and Urban Development, the contractor may
request the Undted States to enter into such litigation
to protect the interest of the Secretary of Housing and
Urban Development of the United States.
b. Enforcement Ob1t ations of HOCCONais. The Borrower further agrees
that he be bouts by the above equal opportuwty clause with
respect to His own employment practices when he participates in
federally assisted construction work: Provided. Mat if the
Borrower so participating is a State or local governments the
above equal opportunity clause is not applicable to aqv agency,
instrumentality or suhdivfaion of each government which does
not participate in work on or under the contract.
The Borrower agrees that he will assist and cooperate actively
with the Secretary of. Housing and Urban Development and the
Secretary of Labor in obtaining the compliance of contractors
and, subcontractors with the equal opporturty clause antl the
rales, regulation and relevant orders of the Secretary of Labor,
that he will furbish the Socretary of Housing and Urban Develop—
ment and the Secretary of Labor such information as they may
require for the supervision of such compliancet and that he will
otherwise assist the Secretary of Hrnssiag and Urban Development
in the discharge of the Secretary's primary responsibility for
securia�g compliance.
The Borrower further agrees that he will refrain from entering
into any contract or contract modificatio¢ Subject to Executive
paler 11246 of September 24. 1965, with a contractor debarred
from or who has not demonstrated eligibility for Government
ontracts and federally assisted construction contracts pursuaat
to the Executive Order and will carry out such sanctions and
penalties Iar violation of the equal opporturity clause as may
be imposed upon contractors and subcontractors by the Secretary
of Housing and Urban Development or the Secretary of Labor
pursuant to Part IT, Subpart B of the Executive Order. In
addition, the Borrower agrees that if he fails or refuse$ to
comply with these undertakings, the agency may take any or all
of the following actions: Cancel, terminate, or suspend in
whole or in part this Loan application and agreement; refrain
from extending ary further assistance to the BOTTower under
the program with respect to which the failure or refund occurred
until satisfactory secomece of future compliance has been
received frau such Harrower; and refer the Case to the Depart—
ment of Justice for appropriate legal proceedings.
9. Title VI of the Civil Bights Act of 1964. The Burrower will utilize
the proceeds of t e roan in compliance with all requirements imposed by
or pursuant to regulations of the Secretary of Housing and Urban Develop—
ment effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 252),
The Harrower also agrees not to diseriminate upon the basis of race, color,
creed, or national origin In the sale, lease, rental, we, or occupancy
of the real property rehabilitated with the assistance of the Loan. The
City of Bangor shall be deemed to be a beneficiary of these provisions
both for and in its own right ami also for the purpose of protsetiluR the
Interest of the cauxbotty and other partiesa public or private, in whose
favor or for whose benefit this provision has been provided and shall
have the right, in the event of any breach of this provision, to maintain
any actions or amts at law or in equity or any other proper proceedings
to enforee the curing of such breech.
M, Interest of Certain Federal Officials. The Borrower agrees that no
Member of or Delegate to the Congress of the United States, and no Resident
Cammusioner, shall be ahnitted to any share or part of the proceeds of
the Iran, or to any benefit to arise from the same.
11. Dorcas. Commission. or Pee. The Burrower %n11 Out pay any bonus,
commission, or fee for the purpose of obtainiag the City of Bangor's approval
of his Application for this Iran, or any other approval or concurrence
required by the Government or its designee to complete the rehabilitation
work financed is whole or in part with this Loan.
12.
Interest of City of Bangor Personnel. No member of the governing holy
of the City of Bangor who exercises any functions or responsibilities in
connection with the administration of the Community Development Program,
and ne other of floor or emplayee of the City of Bangor who exercises such
functions or responsibilities, shall have any interest, direct or indirect,
in the proceeds of this Loan, or in any, contract entered into by the
Borrower for the performance of work financed In whole or in part with
the proceeds of this Loss.'
—7—
13. Federal Labor Standards Provisions. With respect to the rehabili-
tation of residential property designed far residential use for eight (8)
or re families. the Borrower agrees to comply with Department of Rovsing
and Urban Development requirements pertaining to construction warrants in
cess of $2,000 and the apppplicable requisments of the regulations of the
Department oP Labor under 24 CFA Parts 3 and 5, governing the Payment of
veges and the ratio of apprentices and trainees to journeomen: Provided,
that if nage rates higher than those required under such regulations are
imposed by state or local law, nothing wrewder is intended to relieve
the Borrower of his/her obligation, if aqv, to require payment of the
higher rates.
14. Loan security Requirements. The Borrower shall provide security
for a ]flan iv the form of a mortgage, or similar security inatnmant, on
the property, A subordinate lien is acceptable if provides adequate
pe
security.
15• Section 3 oospliance. The Borrower agrees to provide in connection
sits the rehabilitation work funded by this loan to the greatest extent
feasible the oppormmity for training and employment of lower Income persons
residing in Bangor. Tse Borrower Panther agrees to require to the greatest
extent feasible that rehabilitation work be awarded to business c e�
individuals, or firms shich are located in, or cased in substantial part
by persons residing in Bangor. Pursuant to these terms, the Borraser shall
comply with the Section 3 clause of the Housing end Urban Development Act
of 1968 vie set forth in 24 CFR 135.
16. Completion of Work. The Borrower shall require the contractor to
satisfactorily complete the rehabilitation work within ninety (90) days
after the issuance of the proceed order. This time limitation mqy be
extended by the Director a Commodity Development span submission of a
smitten request by the Borrover.
17. Contractor's Insurance. The Borrower shall require the contractor
to furnish to the Community Development Deparbnent evidence of comprehensive
public liability insurance coverage protecting the owner for not less than
ing
and
intheovemom propertyoco In the event a damage ariasivg cutly of thecwork performed by the
contractor; and, evidence of insurance or other coverage required by local
Us governing Worhsem'e conpansation.
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