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Res 05-71 RESOLUTION NO. 5-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR A GRANT UNDER SEC- TION 702 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965, AS AMENDED, TO AID IN FINANCING PROJECT NO. WS-Fla-199. WHEREAS, THE CITY OF DELRAY BEACH, FLORIDA, a municipal cor- poration, (the "Applicant") has heretofore submitted an applica- tion to the United States of America, Department of Housing and Urban Development (the "Government") for a grant under Section 702 of the Housing and Urban Development Act of 1965, as amended, to aid in financing a certain public works identified as Project No. WS-Fla-199; and WHEREAS, the Government has approved the said application and has submitted to the Applicant a certain Grant Agreement (the "Agreement") for approval and execution by the Applicant, which said Agreement is satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That the said Agreement, a copy of which is attached hereto, be and the same is hereby approved. The Mayor is hereby authoriz- ed and directed to execute the said Agreement in the name and on behalf of the Applicant, in as many counterparts as may be neces- sary, and the City Clerk is hereby authorized and directed to af- fix or impress the official seal of the Applicant thereon and to attest the same. The proper officer is directed to forward the said executed counterparts of the said Agreement to the Government, together with such other documents evidencing the approval and au- thorization to execute the same as may be required by the Govern- ment. PASSED AND ADOPTED on this the 25th day of January, 1971. MAYOR ATTEST: City Cle~ - · - ,. C;ITY CLERK D~PART~Z, bft OF HOUSING AND URBA~ D~'q'~LO~ GRANT AGREEMENT Name of Applicant: City of Delray Beach, Project No. WS-Fia-199 Florida Address: Delray Beach, Florida Federal Contract No. H-302-3969 THIS GR~NT AGREEMENT dated as of December ]0, 1970,~ by and between the CITY OF DELRAY BEACH, FLORIDA (herein called the "Applicant"), and the United States of America, Secretary of Housing and Urban Development (herein called the "Goverranent"): NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the mutual promises hereinafter contained, the parties hereto do covenant and agree as follows: Section 1. Amount and Purpose. Subject to the Terms and Conditions (Form HUD-41420, dated 5-~6) attached hereto and made a part hereof as Attachment A, and the provisions of this Agreement, the Government will make a Grant to the Applicant in an amount not to exceed $386,000.00 or 50 per centum of the Eligible Project Cost as determined by the Government on completion of the Project, which- ever is the lesser, in order to aid in financing the Project hereinafter defined, presently estimated to cost $916,000.00 or more. Section 2. Description of ~e Pro~ect'. The project shall consist of the construction of storm drainage facilities to include storm interceptor lines, inlets, and other appurtenances (herein called the "Project"). Section 3. Government Field Expense. The amount of the fixed fee for Government field expense referred to in Section 33 of the attached Terms and Conditions shall be $3,000.00. Section 4. Reduction in Grant. The Goverrm~ent shall have the right to reduce the amount of the Grant upon giving the Applicant written notice, if the Eligible Project Cost after award of construction contract is determined by the Government to be less than the estimated cost upon which the stipulated'amount of the Grant was based. Section 5. ~pecial Conditions. The Governn.~ent's obligation to make the Grant is also subject to the Special Conditions attached hereto and made a par~ hereof as Attachment B. Grant Agreement - Continued Project No. WS-Fla-199 IN WIT~<SS W~EREOF, this Agreement ha/been executed in the name and on behalf of the CITY OF DELRAY BEACH, FLORIDA by the undersigned Official, and under its official 'seal, attested by its City Clerk , and in_the name and on behalf of the United States of America, Secretary of Housing and Urban Development, by the ,undersigned official. (S~L) CITY OF DELRAY BEACH, FLORIDA .... ,.x ~ /',, ~ ~... /:/... :," , (Signature) ' J. L. Saunders, Mayor (Type Name and Title) ATTEST: (Signature) ( , Hallie E. Yates, City Clerk (Type Name and Title) UNITED STATES OF AMERICA Secretary of Housing and Urban Development By Assistant Regional Administrator for Metropolitan Development Date ATTACU,'~ NTB Project No. WS~Fla-199 S_PECIAL CONDITIONS: Delray Beach,, Florida A. Applicant shall be responsible for assuring, in accordance with such rules or procedures as may be prescribed by the Govermment, that to the maximum extent practicable there are provided in connection with the construction of this project.new job opportunities for the unemployed and underemployed. In carrYing out this responsibility, Applicant shall include or cause to be included in all contracts for construction work in connection w~th the project a provision stating that the contractor: (1) shall to the maximum extent practicable, follow hiring and employment practices which will assure that performance of project work results in new job opportunities for the · unemployed and underemployed, and (2) shall insert or cause to be inserted the same or a similar provision in each construction subcontract. B. In Section 27 ~f the Terms and Conditions (Attachment A), Equal Employment Opportunity, pursuant to Executive Order 11375, dated October 13, 1967, include in any contract for construction work or modification thereof, executed on or after October 13, 1968, the words "race, color, religion, sex, or national origin" in substitution for the words "race, creed, color, or national origin" wherever they appear. · C. Section 33 of the Terms and Conditions (Attachment A) is hereby revised to permit the Government to deduct the amount of the fixed fee from the gramt upon the receipt by the Government of the executed Grant Agreement° HUD-41420 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Attachment "A" TERMS AND CONDITIONS Constituting Part of the Grant Agreement Providing for the Financing and Construction of Water or Sewer Facilities Under Title VII of the Housing and Urban Development Act of 1965, Public Law 89-117, August 10, 1965. Section 1. Definitions.--As used in these Terms and Conditions: "Government" means the United States of America. "Project" means the Water or Sewer Facilities covered by the Grant Agreement. "Grant Agreement" means the contract between the Government and the Applicant covering the Project and includes both these Terms and Conditions and other contract instruments. "Applicant" means the public entity or entities designated in the Grant Agreement. "Project Cost" means the cost of construction work for the Project, cost of neces- sary architectural/engineering services, legal, administrative and clerical costs, cost of land acquisition, necessary travel expenses, interest during construction, and other necessary miscellaneous expenses. "Eligible Project Cost" means the cost of construction, of land acquired for the project, and of site improvements, all as determined by the Government. 'Y)epos. itory Bank" means a bank or trust company which is a member of the Federal Deposit Insurance Corporation. · "Project Site" means any of the land, rights-of-way, easements, or other interests in land acquired by the Applicant in connection with the development of the site. Section 2. Prerequisites to Government's Obligations.--The Government shall be under no obligation to disburse funds under the Grant Agreement if: (a) Representations.--Any representation made by the Applicant to the Government in connection with the application, shall be incorrect or incomplete in any material re- spect, or the Government determines that the Applicant has failed to proceed promptly with Project financing or construction; (b) Concurrence by Government.--The Applicant, having submitted to the Government the documents mentioned in Section 16 hereof, shall have proceeded without having been advised by the Government that the same are satisfactory; it being the purpose of this provision to insure that no action will be taken in the development of the project which would result in legal or contractual violation rendering it impossible for the Govern- ment to make the grant hereunder or for the parties to accomplish the objects of the Agreement; (c) Prohibited Interests.--If any official of the Applicant who is authorized in such capacity and on behalf of the Applicant to negotiate, make, accept or approve, or to take any part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, materials, supply, or equipment contract or any subcontract in connection with the construction of the project, shall become directly or indirectly 1 interested personally in any such contract or.su_bcontract, or if any official, employee, architect, attorney, engineer or inspector of or for the Applicant who is authorized in such capacity and on behalf of the Applicant to exercise any legislative, executive, supervisory or other functions in connection with the construction of the project, shall become directly or indirectly interested personally In any construction, materials, supply, equipment or insurance contract, in any subcontract or any other contract pertaining to the project. Section 3. Applicant's Funds.--The Applicant shall initiate and prosecute to completion all proceedings necessary to enable the Applicant to provide its share of the Project Cost on or prior to the time that such funds are needed to meet project costs. Section 4. .Legal Matters.--The' Applicant st/all take all actions necessary to enable it to fi- nance, construct, and develop the project in due time, form and manner as required by law and the Grant Agreement. Section 5. .Project Site.--The project shall be located on lands or the requisite interest therein of the Applicant; such lands and interest when acquired subsequent to the date of the Grant Agreement shall be acquired in accordance with the land acquisition policy requirements set forth in Sections 6 through 9 hereinafter. The Applicant shall comply with the provisions of Title IV, of the Housing and Urban Development Act of 1965 (P.L. 89-117)and regulations and requirements of the Government thereunder which establish certain policies and provide for specific payments in connection with the acquisition by eminent domain of the real property necessary for the Project. Section 6. Negotiated Purchase.--The Applicant covenants and agrees that it will make every reasonable effort to acquire each parcel of or interest in land constituting part of the Project Site by negotiated purchase. Applicant shall (1) directly or through its agents, make a diligent, conscientious effort to induce the owner to accept a fair and proper price for such property and, ff such effort is unsuccessful, make a final offer to the owner in writing. Such offer shall include: (1) an invitation to discuss the acquisition of his property with the applicant; (2) afford a reason- able period of time for the owner to consider the offer; and (3) include a notification of the date on which the applicant intends to institute eminent domain proceedings if agreement cannot be reached for a negotiated purchase within the time specified. Section 7. Payment for Real Property.--The Applicant covenants and agrees that it will not require the owner to surrender possession of any parcel of or interest in land constituting part of the Project Site until ithaspaid to the owner (1) the agreed purchase price arrived at by nego- tiation, or (2) in any case where only the amount of payment to the owner is in dispute, not less than 75 percent of the appraised fair value of the property as approved by the applicant. Such requirement for 75 percent payment may be satisfied either by direct payment to the owner or by deposit in court of such amount, provided such deposit may be paid over to the owner without prejudice to his right to obtain a judicial determination of the value of the property. A tender of payment to the owner, whether or not accepted by the owner, shall be regarded as payment. Section 8. Notice to Surrender Possession.--The Applicant covenants and agrees that no person lawfully occupying property constituting part of the Project Site shall be required to surrender possession on account thereof without at least ninety days' written notice of the date on which construction or development is scheduled to begin. Such notice shall be given to all persons law- fully occupying such property including owners conveying title pursuant to a negotiated sale. Such notice shall not be given until the applicant has the legal right to possession of the prop- erty. Sectibn 9. Records of Negotiations.--The. Applicant covenants and ~agrees that it will maintain complete and accurate records of all negotiations and other actions affecting acquisition of any property in connection with the Project and such records shall be available for inspections by representatives of the Government. Such records shall be maintained in one place for a period of at least three years following completion of construction of the Project. Section 10. Disbursement of Grant Funds for Land Acquisition.--The Applicant may requisition disbursements on account of grant provided in the Agreement for acquisition of land at any time after receipt of the Agreement as needed to enable the Applicant to make payment as required under Section 5 above, provided (1) no impediment ~xists which would prevent carrying forward of the Project, and (2) the Appllcanthas afirm and binding commitment for its share of the Proj- ect costs, and (3) the cost of the land so acquired is acceptable to the Government. In the event the Project for any reason is subsequently abandoned, the Applicant covenants and agrees that it will repay any funds disbursed hereunder. Section 11. Grant Disbursements.--The Applicant may requisition disbursements on account of the grant provided in the Agreement at any time. Such requisitions shall be accompanied by such supporting data as the Government may require. The Government shall honor, subject to the provisions of the Agreement, such requisitions in amounts and at times deemed by it to be proper to insure the expeditious prosecution and payment to the costs of the Project. No request for review of a determination of the Government affecting the grant payable under the Agreement will be considered unless such request is received by the Government not later than three months following notice to the Applicant of such determination. In no event shall the total amount of grant funds disbursed to Pay land and construction costs exceed 90 .percent of the grant amount speci- fied in the Agreement for such costs until after the Project has been completed and audited, and the final grant amount determined by the Government. Section 12. Prerequisites to Disbursements.--Prior to the Government disbursing any portion of the grant except.as provided otherwise in Section 10 above, the Applicant shall present satis- factory evidence that: (a) It has obtained, or can obtain, all land, rights-of-way, easements, permits, franchises, Federal, State, County, and Municipal approvals required in connection with the con- struction and operation of the Project, including approval of the final plans and speci- fications by the appropriate State authorities; (b) It has the funds or a firm and binding commitment to provide its share of the Project Cost; (c) It has deposited into the Construction Account, in addition to the grant proceeds, any portion then available of the funds to be furnished by the Applicant to meet its share of the Project Cost and that it will promptly deposit any remaining portion of its share of the Project Cost in order that all payments in connection with the Project can be made' as the same become due; (d) The Project can be completed at a total cost satisfactory to the Government which will be within the amount of funds available therefor; and (e) It is able to provide or obtain the provision of all necessary building or household con- nections and local collection or distribution laterals as determined by the Government from sources other than grant funds hereunder. 3 Section 13. Construction Account.--The Applicant shall set up in a Depository Bank, or witl~ the fiscaI agency of the APPlicant fixed by law, a separate account or accounts {herein collectively ' called the "Construction Account") into which shall be deposited any temporary loans, Govern- ment grants, and the additional funds required by the provisions of the Grant Agreement to be furnished by the Applicant in order to assure the payment of all Project Costs. Moneys in the Construction Account shall be expended only for such purposes as shall have been previously specified in the Project Cost estimates approved by the Government. The Applicant shall pay all Project Costs from the Construction Account. Moneys in the Construction Account shall be secured by the Depository Bank in the manner pre- scribed by statutes relating to the securing of public funds. Where the moneys on deposit in the Construction Account exceed the estimated disbursements on account of the Project for the next 90 days, the Applicant may direct the Depository Bank to invest such excess funds in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States Government, which shall mature not later than 18 months after the date of such investment and which shall be subject to redemption at any time by the holder thereof. The earnings from any such investments shall be deposited in the Construction Account by the Applicant. After completion of construction and payment of all costs of the Project, any balance in the Con- struction Account shall remain therein pending determination by the Government of the total Project Cost and the grant. Such balance shall be used to refund promptly to the Government any overpayment made with respect to the grant; any amount thereafter remaining shall be available for disposition by the 'Applicant in accordance with its other contractual agreements, applicable State or local law or ether governing conditions. Section 14. Prompt Procedure - Economic Construction.--The Applicant covenants and agrees that it will proceed promptly with all matters necessary to the financing and the development of the Project; and that the Project will be undertaken and developed in such manner that economy will be promoted in such development and in the construction work. Section 15. Approvals and Permits.--The Applicant shall obtain approvals and permits required by law as a condition precedent to the acquisition, construction, development, and operation of the Project. Section 16. Submission of Proceedings, Contract and Other Documents.--The Applicant shall submit to the Government such data, reports, records and documents relating to the financing, construction, and operation of the project as the Government may require. Approval of the Government must be obtained prior to the assignment of any interest in or part of any contract relating to the Project. Section 17. Construction by Contract.--All work on the Project shall be done under contract and every opportunity shall be given for free, open and competitive bidding for each and every con- struction, material, and equipment contract. The Applicaht shall give such publicity by adver- tisement or calls for bids by it for the furnishing to it of work, labor, materials, and equipment as required by applicable law and as will provide adequate competition; and the award of each contract therefor shall be made, after approval by the Government to the lowest responsible bidder as soon as practicable; Provided, that in the selection of equipment or materials the Applicant may, in the interest of standardization or ultimate economy, if the advantage of such standardization or such ultimate economy is clearly evident, and if permissible under applicable local law, award a contract to a responsible bidder other than the lowest in price. The Applicant shall obtain the concurrence of the Government before approving subcontracts relating to the Project. .Section- 18. Changes in Construction Contract.--Any change in a construction contract shall be ~ubmitted to the Government for approval. Section 19. Contract Security.--The Applicant shall require that each construction contractor shall furnish a performance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also 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 by State, territorial, or local law, as security for the payment of all persons performing labor on the Project under his contract and furnishing, materials in connection with his contract. The per- formance bond and the payment bond may be in one or separate instruments in accordance with local law. Section 20. Insurance During Construction.--The Applicant shall require that each of its con- tractors and all subcontractors maintain during the life of his contract, Workmen's Compensa- tion Insurance, Public Liability, Property Damage, and Vehicle Liability Insurance, in amounts and on terms satisfactory to the Government. Until the Project is completed and accepted by the Applicant, the Applicant or (at the option of the Applicant) the contractor is required to maintain Builders Risk Insurance (fire and extended coverage) on a 100 percent basis (completed value form) on the insurable portion of the Project for the benefit of the Applicant, the prime contrac- tor, and all subcontractors, as their interests may appear. Section 21..Wage Rates.--The Applicant shall comply with the provisions of the Act of March 3, 1931 (Davis-Bacon Act, 40 USC sec. 1276), as amended, and the applicable rules and regulations issued by the Secretary of Labor thereunder ~vhich are incorporated herein by reference. The Applicant shall cause to be inserted in each constract or subcontract subject to the Davis-Bacon Act the specific provisions required by the regulations of the Secretary of Labor. Section 22. Contract' Work Hours.--The Applicant shall comply with the provisions of the Con- tract Work Hours Standards Act (40 USC secs. 327-332) and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant shall cause to be inserted in each contract or subcontract subject to the Work Hours Standards Act the specific provisions required by the above regulations. Section 23..Payment of Employees.--The Applicant shall require of its contractors that all em- ployees engaged in work on the Project be paid in full (less deductions made mandatory by law) not less often than once each week. Section 24. Copeland Act.--The Applicant shall comply with the provisions of the Copeland Act (Anti-Kickback), 48 Stat.. 1948, as amended, and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant shall cause to be inserted in each contract or subcontract subject to the Copeland Act the specific provisions required by the above regulations. Section 25. Accident Prevention.--The Applicant shall require of its contractors that precaution shall be exercised at all times for the protection of persons (including employees) and property, and that hazardous conditions be guarded against or eliminated. Section 26. Supervision and Inspection.--The Applicant shall provide and maintain on its own behalf competent and adequate architectural or engineering services covering the supervision and inspection of the development and construction of the Project. 5 Section 27. Equal Employment Opportunity.--The' Applicant hereby agrees to tncorporhte or. cause to be incorporated into any contract for construction work or modification thereof, paid" for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance or guarantee, 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 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 to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. 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. (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 send 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 labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regu- lations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally-assisted construc- tion contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as ~provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the 6 Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, 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 Department 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 with, litigation with a subcontractor or vendor as a result of such direction by the Depart- ment of Housing and Urban Development, the contractor may request the United States to enter into such litigation to protect the interests of the United States." The Applicant further agrees that it will be bound by the above equal opportur~ry clause in any Federally-assisted construction work which it performs itself other than through the permanent work force directly employed by an agency of government. The Applicant agrees that it will cooperate actively with the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such com- pliance, and that it will otherwise assist the Department of Housing and Urban Development in the discharge of the Department's primary responsibility for securing compliance. The Applicant further agrees that it will refrain from entering into any contract or contract modification sub- ject to' Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to Part II, Subpart D, of Executive Order 11246 and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department of Housing and Urban Development or the Secretary of Labor pursuant to Part II, Subpart D, of Executive Order 11246. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the Department of Housing and Urban Development may cancel, terminate or suspend in whole or in part this grant, may 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 Appli- cant, or may refer the case to the Department of Justice for appropriate legal proceedings. Section 28. Civil Rights Act of 1964.--The Applicant covenants and agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and with [he rules and regulations (2.4 CFR, Subtitle A, Part 1)of the Department of Housing and Urban Development issued pursuant thereto. Section 29. Payments to Contractors.--Not later than the fifteenth day of each calendar month the Applicant shall make a partial payment to each construction contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month by the particular contractor, but shall retain until final completion and acceptance of all work cov- ered by the particular contract a reasonable amount, specified in. the contract, sufficient to insure the proper performance of the contract. Section 30. Inspection of Work and Records; Maintenance of Records.--The Applicant shall re- quire of its contractors that the Government's authorized representatives be permitted, and it will itself permit them to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records appertaining to the development of the Project. The Applicant shall maintain proper and accurate financial records, books and accounts pertain- ing to the grant and the development of the Project that will readily disclose (1) relocation costs, ' 7 (2) eligible Project costs, and (3) other Project costs, and shall permit the Government's au£ thorized representatives to examine such books, records, and accounts. The Applicant agrees to maintain all of the aforesaid data, records and invoices in one place for at least a period of three years following completion of construction of the Project. Section 31. Signs..--The Applicant shall cause to be erected at the site of the Project, and main- tained during construction, signs satisfactory to the Government identifying the Project and indi- cating the fact that the Government is particlpating in the development of the Project. Section 32. Audit.--The Applicant shall contract ht its own expense for an audit of the Project by an independent certified or licensed public accountant; a copy of the contract shall be fur- nished to the Government; and three copies of the audit report in substance satisfactory to the Government shall be furnished promptly to the Government. Section 33. Government Field Expense.--The Government will bill the Applicant for payment of the fee specified in the Grant Agreement to cover inspection costs and payment will be due from the first funds deposited in the Construction Account by the Applicant to pay its share of the Project Cost. In the event of termination of the Grant Agreement, the Applicant shall be entitled to a refund Of all or a proportionate part of the fee. The refund shall be in such an amount as the Government determines to be equitable under the circumstances. Section 34. Operation of Project.--The Applicant covenants that it will operate and maintain the project or provide for the operation and maintenance thereof, to serve the objects and purposes for which the grant has been made available under the Federal lay,' and the terms of the Agree- ment. Section 35. Interest of Third Parties.--The Agreement is not for the benefit of third parties, including the holders from time to time of any of the bonds issued to finance a portion of the Project, and the Government shall be under no obligation to any such parties, whether or not indirectly interested in said Agreement, to pay any charges or expenses incident to compliance by the Applicant with any of its duties or obligations thereunder. Section 36. 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 Agreement or to any benefit arising therefrom. Section 37. Bonus or Commission.--By execution of the Agreement, the Applicant represents that it has not paid and, also, agrees not to pay, any bonus commission or fee for the purpose of obtaining an approval of its application for the grant hereunder. Section 38. State or Territorial Law.--Anything in the Agreement to the' contrary notwithstanding, nothing In the Agreement shall require the Applicant to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law; Provided, That if any. of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the provisions of the Agreement would require the Applicant to violate any applicable State or territorial law, the Applicant will at once notify the Government in writing in order that appropriate changes and modifications may be made by the Government and the Applicant to the end that the Applicant may proceed as soon as possible with the construction of the project. ' GP 0 906-553 CITY CLER~ U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .NO. 5-71, RESOLUTION/AUTHORIZING EXECUTION OF GRANT AGREEMENT WHEREAS, THE CITY OF DELRAY BEACH, FLORIDA, a municipal corporatioz (Legal (corporate/Name of Applicant/ (the "Applicant") has heretofore submitted an application to the United States of America, Department of Housing and Urban Development (the "Government") for a grant under Section 702 of the Housing and Urban Development Act of 1965, as amended, to aid in financing a certain public works identified as Project No. WS-Fla-199 ; and WHEREAS, the Government has approved the said application and has submitted to the Applicant a certain Grant Agreement (the "Agreement") for approval and execution by the Applicant, which said Agreement is satisfactory, NOW, THEREFORE, BE IT RESOLVED BY THE - CITY COUNCIL OF DELRAY BEACH {Title of Governing Body/ 'of the Applicant, that the said Agreement, a copy of which is attached hereto, be and the same is hereby approved. The Mayor is hereby authorized and directed to execute the said Agreement ,/Title of Officer} in the name and on behalf of the Applicant, in as many counterparts as may be necessary, and the city Clerk is hereby authorized and directed to affix or impress the official seal of the Applicant {Title of Officer/ thereon and to attest the same. The proper officer is directed to forward the said executed counterparts of the said Agreement to the Government, together with such other documents evidencing the approval and authoriza- tion to execute the same as may be required by the Government. C£RTI FICATE I, the undersigned, hereby certify: (1) that I am the duly appointed, qualified and acting city CLerK of the Applicant designated in the foregoing Resolution Authorizing {Title of R ecording Officer/ Execution of Grant Agreement; (2) that I am the custodian of the records of the Applicant including the records of its Governing Body designated in the Resolution; (3) that the above copy of the Resolution is a true and correct copy of the said Resolution as adopted at a duly authorized meeting of the said Governing Body held on January 25, 1971 and on file and of record; (4) that the said meeting was duly convened a.d held in accordance with all applicable laws and regulations, that a legal quorum was present throughout the meeting, that a legally sufficient number of members of the said Governing Body voted in the proper manner for the adoption of the said Resolution, and that all other requirements for the proper adoption of the said Resolution were fully observed; and (5) that no action has been taken by the said Governing Body - or the Applicant to. reconsider, amend or rescind the said Resolution. 27th IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Applicant this day of Ja.n~ary 19 71. / / , ($ignature} /~ . (SEAL) Hailie E. Yates {Type Name/ HUD-41422 (4-70) Replaces Forms HUD-41424, 41425 and Previous Editions Which Are Obsolete 224258-P HUD-Wash., D.C. · ~lTY IDLFRK U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Water and Sewer Facilities Grant Program Name of Applicant: Project No. City of Delray Beach, Florida WS-Fla-199 OPINION AND CERTIFICATE OF COUNSEL ACCOMPANYING GRANT AGREEMENT 1. We the undersigned, counsel for City of Delray .Beach, Florida (Name of Applicant) have examined the record of all proceedings, including, particularly, that certain resolution adopted on the 25th day of January , 1971, by the Applicant, relative to the auth- orization, approval, and execution of that certain Grant Agreement referred to therein and numbered H-302-3969 , by and between the Applicant and the United States of America (herein called the "Gov- ernment''). We have also examined the counterparts of the Agreement as executed on behalf of the Applicant. 2. It is our opinion that: (a) Said proceedings have been taken, said resolution has been adopted, and the Grant Agreement has been executed on behalf of the Applicant by its proper officials, in form, manner, and otherwise as authorized by law. (b) When each of said counterparts of the Grant Agreement shall have been duly executed by the Government, said Grant Agreement wi ll constitute a valid, binding, and legal agreement between the aforesaid parties thereto in accordance with its terms. 3. WE DO HEREBY CERTIFY THAT: (a) None of said proceedin, gs and no authority for the authorization, execution, and delivery of the Grant Agreement have or has been repealed, rescinded, or revoked, and said resolution is in full force and effect. (b) No litigation of any nature is now pending or threatened (in either State or Federal courts) restraining or enjoining the Applicant's execution of the Grant Agreement or in any manner questioning or affecting the validity thereof or of the proceedings aforesaid, and neither the corporate existence nor the legally prescribed area of operation of the Applicant nor the title of its present officers to their respect, lye offices is being contested. (c) To .the date hereof, no legislation has been enacted during the present session of the Legislature of the State of Florida , if now in session, or during the last session of such Legislature, if adjourned sine die less that six months ago, which affects the organization of the Applicant or its power or authority to finance, undertake, or carry out the Project contemplated by the Grant Agreement in accordance with the laws pertaining thereto in effect prior to the convening of such session of the Legislature. This 27th day of January , 19 3J.__. ~,, .... ~ ~o~: G. Robert Fellows City__of~rzay Be.a__qh, FkQrida Nc:me of Applicant 224345.P HUD.W=sh., D.C.