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M° DEPARTMENT OF H(IUSING AND URBAN DEVELOPMENT
wh I19eii*� AREAOFFICE
r 2,500 WILSHIRE BOULEVARDD,,LOb ANGELEb, CALIFORNIA 90057
JUN 1 51973
RFGIONAI, IX
REGIONAL OFFICE
SA14 FRANCISCO, CAI,IFORNIA
Office of Acting Area Director
Y
RICE IC
Mr. R. P. Merritt' Jr. 1:9' JUN 18 Id73
City Manager
City of Redlands n
Post Office Box 280
Redlands, California 92373'
Dear Mr. Merritt:
Subject: Project No. OS=CA-09«16-1049
Federal Contract No. OS-CA-09-16-1049(G)
Open Space Land Grant Contract
AREA OFFICES;
Los Angela., California
San Francisco, California
IN REPLY REFER TO:
9.2G
We are pleased to enclose herewith one fully executed counterpart
of the Open Space Land Grant
Enclosure
Contract, as identified above,
S' c r y,
Acting Area Dire or
i
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Part I
Project No. OS-CA-09-16-1049
Contract No. OS-CA-09-16-1049(G)
,
THIS AGREEMENT, consisting of this Part I and the Terms
and Conditions dated July, 1972 forming Part II hereof (herein
called the "Contract", as defined in Part II), effective on
the date hereinbelow set out, by and between City of Redlands
(herein called the `Public Body") and the United States
of America (herein called the "Government"), WITNESSETH:
In consideration of the mutual covenants, promises, and
representations contained herein, the parties hereto do agree
as follows:
SEC. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide for the
extension by the Government to the Public Body of certain Federal
financial assistance under Title VII of the Housing Act'of
1961, as amended by all amendatory Acts, and as governed by
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (all such Acts being herein sometimes called
"Title VII"), with respect to the Project described in Section
2 hereof, and to state the terms and conditions upon which
such assistance will be extended and the understandings of
the parties hereto as to the manner in which they contemplate
that the Project will be carried out.
SEC. 2. THE PROJECT
The Public Body agrees to initiate and carry out certain
activities including the carrying out of a plan of relocation,
and the provision of relocation payments and assistance, for
displaced individuals, families, and business concerns (herein
called the "Project"), in accordance with this Contract and
n
2
Title VII and as described by
filed with, and approved by,
incorporated herein and made
SEC. 3. THE GRANT
the Public Body in its application
the Government which description is
a part hereof.
The Government agrees to make a grant to the Public
Body to assist it in carrying out the Project in an amount equal
to the lesser of (i) fifty percent of the eligible Project costs,
not including the relocation costs payable under Section 4(a)(1)
hereof, plus the full amount of the relocation costs payable as
specified in said Section 4(a)(1), or (ii) $73,739,62,
SEC. 4. RELOCATION AND PROPERTY ACQUISITION COSTS
(a) The Public Body agrees to make relocation payments
and payments for eligible expenses incidental to
transfer of title and condemnation litigation, and
to provide relocation assistance, to or on behalf
of eligible recipients in connection with the
program in accordance with and to the full extent
permitted by the regulations or other requirements
of the Secretary and within the budgetary limita-
tions of this Contract.
(1) Notwithstanding any other provision of this
Contract, the Government shall fund, as part
of the grant payable under Section 3 hereof,
the full amount of the first $25,000 of the
cost to the Public Body of providing such
payments and assistance for each eligible
recipient thereof, pursuant to such regu-
lations or other requirements, on account of
any displacement or property acquisition
occurring prior to July 1, 1972.
(2) Costs of the Public Body for providing such
payments and assistance in excess of said
$25,000 per eligible recipient on account of
displacement or acquisition occurring prior
to July 1, 1972, and all costs of the Public
Body for providing such payments and assist-
ance on account of displacement or acqui-
sition occurring on or after July 1, 1972,
shall be regularly treated and funded as
part of the actual cost of the Program
otherwise.authorized hereunder.
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(3) Notwithstanding any other provision of this
Contract, the Public Body shall not, with-
out the express consent of the Secretary,
expend from funds available under this
Contract more than $ NONE for relocation payments
or more than $ NONE for the costs of providing
relocation assistance to or on behalf .of
eligible displacees.
(b) Assurances. The Public Body has filed with the
Secretary the assurances with respect to displace-
ment of persons and acquisition of real property
required by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and
related regulations of the Secretary, which the
Secretary has determined (subject to other pro-
visions hereof) are satisfactory.
SEC. 5. TIME OF PERFORMANCE
The Public Body agrees that it will:
m
(a) Initiate the development activities contemplated
under this Contract within 6 months after execution
of this Contract.
(b) Compluta such development activities within 12 months
after execution of this Contract
SEC. 6. COUNTERPARTS OF THE CONTRACT
This Contract may be executed in two counterparts, each of
which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
SEC. 7. CHANGES APPLICABLE TO PART II HEREOF
The following changes are hereby made in the attached Terms
and Conditions designated Part II hereof:
(a) Wherever there appears in the Terms and Conditions,
Part II, of this Contract any reference to or any
provision directed toward the acquisition of land as
part of the Project authorized hereunder; such provision
or reference shall be deemed to be surplusage, it being
understood and agreed by and between the parties hereto
that the purpose of this Contract is to provide for a
Federal grant to assist only in the development of
certain land for open space uses.
SEC. 8. SPECIAL CONDITIONS
(a) See Attachment "A", attached hereto and made a part thereof;
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SEC. 9. COMPENSATION TO GOVERNMENT FOR ITS AUDITS AND INSPECTIONS
The Public Body will compensate the Government for its
inspections and audits, provided for in Sec. 103(B) of Part II of
this Contract, a fixed fee in the amounts of $1,23I.24. The fixed
fee shall be payable at the time the first requisition for a Grant
Payment is approved by a deduction of the entire amount of the
fixed fee from the first Grant Payment to the Public Body.
IN WITNESS W„EREOF, the Public Body has caused this Contract
to be duly executed in its behalf and its seal to be hereunto affixed
and attested; and, thereafter, the Government has cause the same to
be duly executed in its behalf this ^ Jam` day of
(SEAT.) City of Redlands
ATTEST:
Al
ignatur�
Peggy A. Moseley
Type Name
City Clerk
-(i tl e
of the ity of Redlands
By G'
Signature
Jack B . Cummings
Type Name
Mayor of the City of Redlands
Title
UNITED STATES OF AMERICA
cretary of Housing and
Obav,a Develoom0t,I_�_
,t- Area uz pector
T. Angeles Area Office
ATTACHMENT "A"
With respect to any construction, rehabilitation, or modernization
work on or after the date of this contract funded in whole or in
part from the financial assistance provided by this contract, the
City of Redlands shall include or cause to be included in all
contracts for such work the following provisions:
(a) If apprentices are employed in connection with this contract
who were not employees of the contractor prior to the
execution of this contract so as to be identified as
regular employees of the contractor, the contractor
agrees that priority shall be given in hiring practices
to lower 'income applicants for employment residing in
the project area; provided that such applicants otherwise
meet the requirements for apprenticeship existing in the
locality for the particular trade;
(b) If common or skilled laborers are employed in connection
with this contract who were not employees of the contractor
prior to the execution of this contract so as to be identified
as regular employees of the contractor, the contractor agrees
that priority shall be given in hiring practices to lower
income applicants for employment residing in the project
area;
(c) Priorities of hiring hereunder may not be'limited to such
lower income applicants as may be union members.
For the purposes of this Section "lower income applicants" means
those applicants for employment whose income does not exceed the
maximum established by the locality's housing authority for continued
occupancy in low rent housing projects of such authority financed
under the U.S. Housing Act of 1937 as amended.
For the purposes of this Section "applicants for employment residing
in the area of such project" means: (1) in the case of an urban
renewal, neighborhood development, model cities, code enforcement,
or new communitiesprojects, those individuals or persons who reside
in the area of the project as such area is described and set forth
in the federal aid contract; (2) in the case of existing low rent
housing projects, those who reside in such projects; and (3) in the
case of all other projects and programs which are located within
boundaries of incorporated cities or towns, those who reside in
such city or town, and for such other projects and programs located
outside of the boundaries of cities and towns, those who reside in
the unincorporated areas of the county.
JUL 197,E
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT
UNDER
TITLE VII OF THE HOUSING ACT OF 19619 AS AMENDED
Part II
Terms and Conditions
n - Y • - - - - - - - - - - - - - - - - -
SEC. 101 USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the
following terms, as used herein, shall have the meanings ascribed
to them in this Section:
(A) The term "Secretary" means the Secretary of Housing and
Urban Development or the person authorized to act on his behalf.
(B) The term "Contract" means this Contract between the
Government and the Public Body, and includes Parts I and II and any
additional document or documents incorporated herein by special
reference, or attached hereto, as well as any amendment.
(C) The term "Application" means the written application for
the Grant by the Public Body, including any revisions thereto, to-
gether with all explanatory, supporting or supplementary documents
filed therewith.
(D) The term "land" means the interest or interests in real
property acquired or to be acquired and/or developed by the Public
Body as set out in Section 2 of Part I of this Contract and shall
include a fee interest or such lesser interests as therein con-
templated.
(E) The term "Project" means the undertaking and carrying out
to completion of the acquisition and/or development of land as set
forth in Section 2 of Part I of this Contract.
(F) The term "Secretary's rules and regulations" includes all
written policy issuances of the Secretary, regardless of whether they
are published as formal regulations.
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SEC. 102 ACCOMPLISHMENT OF PROJECT
(A) The Public Body will commence and carry out the Project
with all practicable dispatch, in a sound, economical, and efficient
manner, in accordance with the Application, -the Secretary's rules
and regulations, and the provisions of this Contract, and will
initiate and complete the Project within the time limit specified in
Section 2 of Part I of this Contract. Such term may be extended
with the written consent of the Secretary.
(B) The Public with all Body
�carry
osedbyor pursuant to rOut the Project in compliance
egulationsofathe
Secretary effectuating Title VI of the Civil Rights Act of 1964.
SEC. 103 PROVISIONS RELATING TO ADMINISTRATION
(A) Books and Records. The Public Body will maintain and
keep in one place for a period of at least 3 years following final
disbursement of the grant Mull and accurate books and records with
respect to all matters covered by this Contract, including without
limiting the general coverage of this requirement, books and records
which permit.a;speedy and effective audit, and will fully disclose:
(1) Adequate Torrens>certiftitle ne
icates,or abstracts,andattorneys' opinions form Of title policies,
s� or
other.eVidence satisfactory to, the Secretary relating to the
land or fnterest:.in land acquired by the Public Body under this
Project;'..
(2) The amount and disposition of both Federal and non -
Federal funds which are provided for the Project;
(3) All items of cost chargeable or which are proposed to
be charged to the total cost of the Project;
(4) All Project work and undertakings and all contracts
which are entered into by the Public Body pertaining thereto;
asso-
ciations displacedThe vinuthe'carryingsoutsofcthe®rations Project,atheasso-
pertinent facts concerning their relocation and the making of
relocation payments therefor; and
(6)` All proceedings which are taken by the Public Body
with respect to any matters covered by this Contract.
(B) Inspections and Audits. The Public Body will, at any time
during normalBusiness ours, and as often as the Secretary or the
Comptroller General of the United States may deem necessary, permit
the Secretary and the Comptroller General to have full and free access
to all of its books and records with respect to the matters referred
to in subsection (A) of this Section, and will permit the Secretary
and the Comptroller General to audit, examine, and make excerpts or
transcripts from such books and records, and to review, inspect, and
make audits of all Project work, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment, books of
accounts, and other documentary data pertaining to such matters.
(C) �Reports and Information. The Public Body will, at such
times as the Secr`etary may requ re, furnish him with periodic reports
and statements, and other documentary data and information, as he
may request, pertaining to the various matters covered by this
Contract.
SEC. 104 LAND PROVISIONS
(A) General Requirements Concerning Land. The Public Body shall:
(1) Take all necessary steps to remove or abrogate all
legally enforceable provisions pertaining to the restriction of
the use of the land it is acquiring and/or developing, upon the
basis of race, religion, color, or national origin.
(2) Include in every agreement, Tease, conveyance, or
other instrument whereby the land is disposed of, an affirmative
covenant binding on the contractor, lessee, grantee, or other
party to such instrument and on the successors in interest to
such contractor, lessee, grantee, or other party that there shall
be no discrimination upon the basis of race, religion, color, or
national origin in the use or occupancy of the land. The covenant
shall recite that the United States is a beneficiary of the cov-
enant and entitled to enforce it.
(3) Not sell, lease, or otherwise dispose of the land
except with the prior writton approval of the Secretary.
(4) Not voluntzrily create, c,7use, or allow to be created
any debt, lien, mortgage, charge, or encumbrance against any
of the land which in any way will impair or otherwise adversely
affect the preservation of said lend for the use or uses set out
in Section 2 of Part I of this Contract.
(5) from time to time duly pay and discharge, or cause to
be paid and discharged when the same become due, all taxes,
assessments, and other governmental charges which are lawfully
imposed upon any of the land and which if unpaid may by taw be-
come a lien or charge upon said land and thereby impair or other-
4
wise adversely affect the holding of said land for the use or
uses set out in Section 2 of Part I of this Contract.
(6) Faithfully observe and conform to all valid require-
ments of any governmental authority relative to the land and all
covenants, terms, and conditions applicable to said land.
(B) Land Acquisition Requirements. In acquiring land as part
of the Proec , t e u c Body si-'FaTi comply with regulations of
the Secretary issued pursuant to the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970.
(C) Special Provisions Relatinq to Sale or Lease of Land. If
the Public Body proposes to ease or sell all or par o t e and
covered by the Project, the Public Body must first obtain written
approval of the Secretary before such teasing or sale is undertaken.
(D) Use of Land
(1) No conversion in the use of the land to a use other
than the open space uses set out in Section 2 of Part I of
this Contract will be permitted without the prior written
approval of the Secretary. Before such approval will be given,
the Public Body must demonstrate to the Secretary's satisfaction
that:
(a) The open -space land is being or will be replaced,
without cost to the Federal Government, by other open -space
land of as nearly as feasible equivalent usefulness, location,
and fair market value at the time of conversion;
(b) The conversion and substitution are needed for
the orderly development and growth of the urban area
involved;
(c) The proposed uses of the converted and substituted
land are in accord with the then applicable comprehensive
plan for the urban area, meeting criteria established by the
Secretary,
(2) Land acquired under Section 706 of Title VII may be dis-
posed of or converted only under such terms or conditions as the
Secretary may specify.
(3) No open -space land involving historic or architectural
purposes for which assistance has been granted under Title VII
shall be converted to use for any other purpose without the prior
approval of the Secretary of the Interior.
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(4) The Public Body shall not discriminate upon the basis
of race, religgion, color, or national origin in.the sale, lease,
or rental or in the use of occupancy of the land or any improve-
ments erected -or to be erected thereon, or any part thereof.
(5) The Public Body shall not restrict the use of the land,
as developed, on the basis of place of residence, except that a
reasonable fee charged nonresidents over and above any fee that
may be charged residents shall not be interpreted as a restriction
of the use of such land.
(E) Transfer of Public Bodv's
land to another Public Body, it sha11 require its transferee to enter
into a contract with the Secretary agreeing in writing to be bound by
all of the applicable terms and conditions of this Contract.
(F) Recordation and Deed Restriction.
(1) The Public Body shall cause to be duly recorded in
accordance with applicable local law all instruments which are
generally recorded in the jurisdiction in order to fully protect
all of the Public Body's rights, titles and interest in and to
any land acquired or used as a part of the Project.
(2) The deed or an instrument included in the deed records
shall evidence a restriction to the effect that the sale, Tease,
or other transfer of the land, or any interest therein, is subject
to the prior approval of the Secretary of the U. S. Department of
Housing and Urban Development.
SEC. 105 PAYMENT OF GRANT
(A) Advance per Procures s P nts. Under or subject to such
conditions as e bovern nt may, Iten writing, specify which are not
inconsistent with applicable lac;, the Government may, in its dis-
cretion, make advance or progress payments to the Public Body on
account of the Grant, at such time or times prior to the completion
of the Project and the final determination of the total cost thereof
as, in view of the status of the Project and the matters relative
thereto, the Government may deem appropriate, but no such advance or
progress payment will be re:ade unless and until the Public Body shall
have filed its written request with the Secretary for such advance
or progress payment: Provided,. That no such advance or progress pay-
ment shall be made if e u is Body is in default of any of the
terms of this Contract. The Public Body shall deposit such advance
payment funds in a bank or banks which are members of the Federal
Deposit Insurance Corporation or in such other depository as shall
be acceptable to the Secretary.
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(B) Re uisition for Grant P ent. The Public Body shall file
its requis t on for payment o Grant, yin a form or forms prescribed
by the Secretary. Such requisition shall be accompanied by the
Public Body's certification of purposes, demonstrating the need, at
the time, for the funds requisitioned; that the amount sought is
reasonable; and that the purposes for which it proposes to expend
the funds are within the purview of this Contract.
(C) ineligible Costs. No grant payment shall be made to (1)
defray or na state or -local governmental expenses,.. (2) help
finance the acquisition by the Public Body of land located outside
the urban area for which it exercises (or participates in the exer-
cise of) responsibilities consistent with the purpose of Title VII,
(3) acquire and clear developed land in built-up urban areas unless
the local governing body determines that adequate open -space land
cannot be effectively provided through the use of existing undevel-
oped land, (4) provide assistance for historic and architectural
preservation purposes, except for districts, sites, buildings,
structures, and objects which the Secretary of the Interior deter-
mines met the criteria used in establishing the National Register,
(5) or to pay for the cost of land acquired or development under-
taken prior to the notification of the Public Body by the Secretary
of his approval of the Application or of the acquisition or develop-
ment of such land.
SEC. 106 LABOR AND C(INSTRUCTION PROVISIONS
(A) Contract and "Force Account" Work. The Public Body may
elect to carry out in—Y ndeessary reieTo_pmee. activities as a part
of the Project by utilization of its vain employees or it may have
such work done .War written contracts let by it. Any contracts
entered into for Project work shall contain appropriate provisions
to require compliance with all applicable Federal laws and regu-
lations pertaining to such contracts, to the work to be performed
thereunder, and to the persons employed in the carrying out of
such contracts.
(B) Ces ti,tive Bidd,,PA. The Public Body will give full
opportunity for fr e, open, and competitive bidding for each con-
tract to be let by it calling for construction, demolition, or
other similar work, as a part of the Project, or for the furnish-
ing of any materials, supplies, or equipment for or use on, the
Project and will give such publicity to 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
bidder: Provided, That in the selection of such materials, equip-
ment, or sup�"Tp fes, the Public Body may, in the interest of stand-
a
ardization or ultimate economy, if the advantage of such standard-
ization or such ultimate economy is clearly evident and an appro-
priate provision for such action is included by it in the proposed
contract documents upon which bids are invited, award a contract to
a responsible bidder other than the lowest in price: Provided
further, That purchases of such materials, equipment, or' suppTies
mounts of $2,500 or less, and contracts in amounts of $2,500
or less calling for construction, demolition, or other similar
work, as a part of the Project, may, except were contrary to the
requirements of State or local law, be made from time to time by
the Public Body without negotiation or eompetive bidding and with-
out observance of the other provisions of this subsection: and
Provided further, .That the Public Body may negotiate a cost-plus
a�—e— eke contract through solicitation of previously qualified
sources for restoration work for historic or architectural purposes
which is of a special nature that precludes practical application
of lump sum or unit price competition, provided that prior approval
has been obtained from the Government for an exception to the com-
petitive bidding procedure.
(C) Provisions To Be included In Certain Contracts. Before
the Public Bo rece ves s or proposa s or, or of erwise
negotiates for, a proposed contract which calls for the performance
of any work on the Project which will entail, for such work, the
employment by the contractor or his subcontractors of laborers or
mechanics, the Public Body shall include in the proposed contract
documents appropriate wage schedules (including applicable wage
determinations of the Secretary of Labor, United States Department
of Labor) and other provisions which are consistent with the pro-
visions embodied in that document entitled "Federal Labor Standards
Provisions" attached hereto marked HUD-3200 and made a part hereof.
Such schedules, wage determinations, and other provisions, as
included in such proposed.ccntract documents, shall also be included
in the contract documents as executed. The Public Body will include
in each contract mentioned in the preceding sentence of this sub-
section an appropriate provision requiring the contractor to insert
in each of his subcontracts which will entail the employment by such
subcontractor of laborers or mechanics, as aforesaid, wage and other
provisions which are consistent with such contractor's contract with
the Public Body.
ano mecnanics. it btate or local laws requ7re that laborers or
mec a� are employed by the Public Body's contractors, or
by such contractors' subcontractors, in the development of the
Project, be paid not less than the wages which are established pur-
suant to such laws and if such wages so established are higher than
the wages which are determined by the Secretary of Labor, United
0
States Department of Labor, pursuant to the aforesaid Davis -Bacon
Act, to be the wages prevailing in the locality in which the Proj-
ect is situated, nothing in this Contract is to be construed as
intended to relieve the Public Body or its obligation, if any, to
require payment of such higher wages.
(E) Egual Employment Osort.un&
(1) Activities and Contracts Not Subject to Executive
Order 1124 m e carry nmf g mut of t e.Project, t o u c
o w .not discriminate against any employee or applicant
for employment because of race, color, religion, sex 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 race, color,
religion, sex or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading,
demotion, or transfer: recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensa-
tion; and selection for training, including apprenticeship.
The Public Body agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be pro-
vided by the Government setting forth the provisions of this
nondiscrimination clause. The Public Body will, in all solicita-
tions or advertisements for employees placed by or on behalf of
the Public Body, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex or national origin. The Public Body will incor-
porate the foregoing requirenents of this subparagraph (1) in
all of its contracts for Project v€ork, except contracts governed
by subparagraphs (2) of t'ds Sect on 106(E) and contracts for
standard commeTclal supplies cr raw r:ateria'Is, and will require
all of its con -tractors for su6.. rvsr^k to incorporate such require-
ments in all subcostrE—ts foy �'r%3ect work.
(2) Contracts Subiect to Executive Order 11246. The Public
Body hereby agrees That wi R i�39r�rpoFt.e gar cause to be incor-
porated into any ccrsrc.ry for construction work, or modification
thereof, as defined ics the regblatioWn of the Secretary of Labor
at 41 CFR Chapter° 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the
credit of the Federal Governrr:nt pursuant to a grant, contract,
loan, insurance, or guarantee, or ursdertaken pursuant to any
Federal program involving such grant, contract, loan, insurance,
or guarantee, the following equal opportunity clause:
During the perfornrance of this contract, the contractor
agrees as follows:
0
(1) The contractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, or national origin. The contractor will take
affirmative action to insure that applicants are employed,
and that employees are treated during employment without
regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The con-
tractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be pro-
vided by the Public Body setting forth the provisions of
this nondiscrimination clause.
(2) The contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex, or national origin.
(3) The contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding,
a notice to be provided advising the said tabor 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 appli-
cants'for employment.
(4) The contractor will comply with all provisions
of Executive Order 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 11246 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 Public Body,
the Secretary of Housing and Urban Development, and the
Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and
orders.
in
(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 construction contracts in accordance with pro-
cedures authorized in Executive Order. 11246 of September
24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 240 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the
sentence immediately preceding paragraph (1) and the pro-
visions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcon-
tractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as the
Public Body or the Secretary of Housing and Urban Develop-
ment 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 Public Body,
the contractor may request the United States to enter
into such litigation to protect the interests of the
United States.
The Public Body further agrees that it will be bound
by the above equal opportunity clause with respect to its
own employment practices when it participates in federally
assisted construction work: Provided, That if the Public
Body so participating is a State or ocal government, the
above equal opportunity clause is not applicable to any
agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
The Public Body agrees that it will assist and co-
operate 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
opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the
Secretary of Housing and Urban Development and the Secretary
11
of Labor such information as they may require for the super-
vision of such compliance, and that it will otherwise assist
the Secretary of Housing and Urban Development in the dis-
charge of his primary responsibility for securing compliance.
The Public Body further agrees that it will refrain
from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 19650
with a contractor debarred from, or who has not demonstrated
eligibility for. Government contracts and federally assisted
construction contracts pursuant to the Executive order and
will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon con-
tractors'and subcontractors by the Secretary of Housing and
Urban Development or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive order. In addition, the
Public Body agrees that if it fails or refuses to comply
with these undertakings, the Secretary of Housing and Urban
Development may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this
grant contract; refrain from extending any further assist-
ance to the applicant under the program with respect to
which the failure or refusal,occurred until satisfactory
assurance of future compliance has been received from such
Public Body; and refer the case to the Department of Justice
for appropriate legal proceedings.
SEC. 107 DEFAULTS AND REMEDIES
(A) Termination or Sus ension of Contract. The Government
may terminate or suspend this contract at-1—ts—ldiscretion upon the
happening of any -of the following:
Proj-
ect withThe failure
rPublic
inthetimeprescribedinSectiotcomplete n5 ofPartIthe - of this
Contract;
(2) The making of any misrepresentation by the Public
Body in its Application or in the furnishing of any informa-
tion to the Secretary;
(3) The violation of any of the terms or conditions of
this Contract;
(4) Any event which makes the accomplishment of the
Project by the Public Body impossible, improbable, infeasible,
or illegal; or
(5) The commencement of
performance by the Public Body
tions which may jeopardize or
this Contract, or the Grant.
12
any litigation challenging the
of any of its duties or obliga-
adversely affect the Project,
-(B) Forfeiture of Grant. For any violation of any of the
terms of this Tantract, t e ecretary may, in addition to such
other remedies as may exist at law or in equity, require repayment
of all or part of the Grant to the Government.
(C) When Rights_ and Remedies Not Waived. In no event shall
the making by the government O-f any rant 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 shalt exist shall in
no wise impair or prejudice any right or remedy available to the
Government in respect of such breach or default.
SEC. 108 MISCELLANEOUS PROVISIONS
(A) Interest of Public_ Body Personnel and Other Local Public
Officials. The Pulic Bo y s a adopt an en orce measures to
assure that no member of its governing body and no other officer or
employee of the Public Body and no member of the governing body or
other public official of any other local public body in the urban
area in which the Project is situated, who exercises any functions
or responsibilities in connection with the carrying out of the
Project, shall, prior to the completion of the project, voluntarily
acquire any personal interest, direct or indirect, in any property
included in the Project or in any contract or proposed contract in
connection with the undertaking of the Project. If any such member,
employee, or officer presently owns or controls, or in the future
involuntarily acquires, any such personal interest, he shall immedi-
ately disclose such interest to the Public Body. Any member,
employee, or officer who shall have or acquire such interest shall
not participate in any action by the Public Body affecting the
undertaking of the Project, unless the Public Body shall determine
that, in the light of the personal interest disclosed, the partic-
ipation of such individual in any such action would not be contrary
to the public interest. The Public Body shall promptly advise the
Secretary of the facts and circumstances concerning any disclosure
made to it pursuant to this provision and the action taken by the
Public Body upon being made aware of said facts and circumstances,
(B) Interest of Certain Federal Officials. No Member of or
Delegate to a ongress e o t n e tales, and no Resident
Commissioner, shall be admitted to any share or part of this Con-
tract or to any benefit to arise from the same.
13
(C) Bonus or Commission. The Public Body shall not pay any
bonus or coron ss on ore purpose of obtaining the Secretary's
approval of the Application or any other approval by the Secretary
which may be necessary under this Contract.
(D) Government Not Qbli ated to Third Parties. The Govern-
ment shall no e o gated or is a under s ontract to any
party other than the Public Body.
(E) Now Contract Affected be Provisions Bein Held Invalid.
If any prov son oft s ontrac s e nva a rema n er of
this Contract shall not be affected thereby if it is in conformity
with the terms and requirements of applicable law.
(F) Provisions Concernin Certain waivers. Subject to
applicable a era aw, any r g or remedy which the Government
may have under this Contract may be waived in writing by the
Government by a formal waiver and either with or without the
execution of an amendatory or supplementary agreement, if, in the
Judgment of the Government, this Contract as so modified, will
still conform to the provisions and requirements of applicable laws.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of
America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions ap-
plicable to such Federal assistance.
2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not
less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to the Anti-I{,ickback Act hereinafter identified), the full
amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of
said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual re-
lationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All
laborers and mechanics employed upon such work shall be paid incash, except that payment may be by check if the employer
provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same
without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated
under Section I (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of. Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs,
but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by
the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition
to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the
Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Pub-
lic Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respec
tive laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe
benefit prescribed in the applicable wage determination.
4. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program
of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract:
Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable stand-
ards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of
Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public
Body with the first payroll filed by the Contractor subsequent to receipt of the findings.
Be
HUD-3200
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5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS
ACT (76 Stat. 357-360; Title 40 U.S.C., Sections 327-332)
(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may
require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or
in excess of 40 hours in such workweek unless 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 8 hours in any calendar day or in excess of 40
hours in such workweek, as the case may be.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his un-
paid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause
set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to
work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to. be with-
held, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may admin-
istratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages
as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of
this Section and also a clause requiring the subcontractors 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.
6. EMPLOYMENT OF APPRENTICES
Apprentices will be permitted to perform work covered by this Contract only 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. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater
than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a
payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of
Labor, United States Department of Labor, for the classification of work he actually performed. The Contractor or subcon-
tractor shall furnish the Local Public Agency or Public Body with written evidence of the registration of his program and ap-
prentices, as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on
the contract work.
7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by
reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act
of June 13, 1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874; and Title 40 U.S.C., Section 276c), and any amend.
ments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewitt
-2-
HUD-3200
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by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors there-
under, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemp-
tions from the requirements thereof.
9. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the
Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body,
and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of
(lousing and Urban Development, to the Secretary of Labor, United States Department of 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 recommendation of the Local Public Agency or Public Body shall be referred, through the
Secretary of Housing and Urban Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for
a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is
obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommenda-
tion of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development,
to the Secretary of Labor for determination.
11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of. the Secretary of Labor, United States Department of Labor, and the applicable wage de-
termination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed
and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance
with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in
such classifications, shall be posted at appropriate conspicuous points at the site of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable
shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such em-
ployee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in
any proceeding under or relating to the labor standards applicable under this Contract to his employer.
13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed uponthe work
covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect thereto.
14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours Standards- Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any
.3-
HUD-3200
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other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of
Housing and Urban Development, to the Secretary of. Labor, United States Department of Labor, for said Secretary's appro-
priate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract.
15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Pub.
lic.Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood
that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll
shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations.. The
payrolls and basic payroll records of the. Contractor and each subcontractor covering all laborers and mechanics employed.
upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3
years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his cor-
rect classification, rate of. pay (including rates of contributions or costs anticipated of the types described in Section 1(b) (2)
of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition,
whenever the Secretary of Labor has found under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the
wages of any laborer or mechanic include the amount of any costs resonably anticipated in providing benefits under a plan
or program described in Section 1(b) (2) (B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or 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. The Contractor and each subcontractor shall make
his employment records with respect to persons employed by him upon the work covered by this Contract available for in-
spection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or
Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of
the Contractor or of any subcontractor during working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains
by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, sup-
plies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Con-
tractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing
provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable.
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be
further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The
Local Public Agency or Public Body will not approve any subcontractor for workcovered by this Contract who is at the
time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department
of Labor, to receive an award of such subcontract.
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Con-
tract, provisions which are consistent with these Federal Labor Standards Provisions and also clause requiring the subcon-
tractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring
such insertion in any further subcontracts that may in turn be made.
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HUD-3200
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19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or
Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whosesubcontractcovers
any of the work covered by this Contract shall breach any of them Federal Labor Standards Provisions. A breach of these
Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by
the Secretary of Labor, United States Department of Labor.
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HUD-3200
(8-68)
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANTTHERETOBY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.,
sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatso-
ever induces any person employed in the construction, prosecution, completion or repair of any public building, public work,
or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the com-
pensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862,
63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall
apply to such statements.
---XXX---
Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promul-
gated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations,
Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said reg-
ulations are as follows:
TITLE 29 —LABOR
Subtitle A — Office of the Secretary of Labor
PART 3—CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards
and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works
financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the
minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted construction that
contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14
of
HUD-3200
(a-69)
(e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction
work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll de-
ductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power -
lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys; jetties, breakwaters,
levees, and canals; dredging, shoring, scaffolding, drilling, blasting,excavating, clearing, and landscaping. Unless. conducted in
connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnish-
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials,
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are
manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, com-
pletion, or repair, as defined above, a Federal agency is a contracting party, regardless ofwhether title thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United States" includes build-
ing or work for whose construction, prosecution, completion, or repair, as defined above, payment or put payment is made
directly or indirectly from funds provided by loans orgrants by a Federal agency, The term does not include building or work
for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a. contractor or subcontractor in any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants
�'.. from the United States is, "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employer. - -
(f) The term "any affiliated person" includes a spouse, child, parent, or other close. relative of the contractor orsub-
contractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, in-
dependent establishments, administrative agencies, and instrumentalities of the United States and of the District of. Columbia,
including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such employees.
7
HUD-3200
(8-69)
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public
buildin� or public work, or building or work financed in whole or in part by loans or grants from the United States, shall
fmrush each week astatement with respect to the wages paid each of its employees engaged on work covered by 29 CFR
Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcon-
tractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and
shall be on form WH 348, "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Con-
tractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from
the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing
Office.
(c) The requirements of this section shall not apply to any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of
Labor may specify.
[29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968]
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under § 3.3 shall be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the
site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work,
the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting
for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof,
shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures
prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual
wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized
representative, and by authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment
is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or
its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the
advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.
HUD-3200
l"9)
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representatives of employees, or both, for the prupose of providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or
disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards
are met: (1) The deduction is not otherwise prohibited by (2) it is either: (i) Voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi -
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the malting of contributions to Community Chests,
United Givers Funds, and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments:
Provided, however, That a collective bargaining agreement between the contractor or subcontractor. and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited by law.
0) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the require-
ments of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction
is made the additional records required under § 516.27 (a) of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not per-
mitted under § 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from
the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees; and
(d) The deduction serves the convenience and interest of the employee.
-9-
HUD-3200
(8-69)
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under § 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be addressed to the Secretary of Labor.
(b) The application shall identify the contract or contracts under which the work in question is to be performed. Per-
mission will be given. for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances.
(c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of
§ 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
(d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed deduction would be made.
(e) The application shall state the name and business of any third person to whom any funds obtained from the. pro-
posed deductions are to be transmitted and the affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The. Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of § 3.6;
and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are. not found to be permissible under § 3.6 are prohibited.
Section 3.10 Methods of payment of wages
The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensa-
tion for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract
All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public
work or building or work financed in whole or in part by loans or grants fromtheUnited States covered by the regulations in
this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as maybe ap-
plicable. In this regard, see § 5.5 (a) of this subtitle.
-10-
A U. S. GOVERNMENT PRINTING OFFICE . 1971 0 - 939428 (00)
U. S. DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT
Al'n75ND�7FNT TO FEDERAL QBOR STANDARDS PROVISIONS
(For. use with ion i'or bids, every
negotiation, request for proposals, or request for
quotations for a Federal or Federally assisted con-
st;ruotion contract issued after January 30, 1972, and
to every such contract entered into on the basis of
such invitation or negoti.ation.l.
Section 6 of Form EUD-3200 :is revised. to .read as follows:
6. .N'P7PLOYNIPNT OF APPRENTICES AND TItAJJ1L SS
(a) 1pul_enti_ces. Apprentices will be permitted to work as such only when
they are registered, individually, under a bona fide apprenticeship program regis-
tered with a State apprenticeship agency which is recognized by the Bureau of
Apprenticeship and. Training, U. S. Department of Labor; or, if no such recognized
agency exists :in a State, under a program registered with the Bureau of Apprentice-
ship and Training, U. S. Department of Labor.. The allowable ratio of apprentices
to rjouriieymen -:in any craft classification shall not be greater than the ratio per -
witted to'ths contractor an to his entire work force under the -:registered program.
Any employoe listed, on. a payroll at an apprentice wage rate, who is not a trainee
,as defined in subdivision (b) of. this subparagraph or is not registered as -above,
shall be paid the wage rate determined by the Secretary of Labor for the classi.fi-
cation of work he actually performed. 'Ihe contractor or subcon':ractor will be
req_uirtd to furnish to the contracting officer w.ritton. 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.
(b) Trainees. Trainees will be permitted to worn as such when they are bone,
fide trairrecs employed. pursuant to a program approved. by the U. S. Department of
v Labor, Manpower Administration, 'Bureau of Apprenticeship and.Tr_aining, and, where
subdivi.si.on. (iii) of this subparagraph is applicable, in accordance with the pro-
visions ,of Par(, ja of t'hi.s subtitle.
(c) Ohs phrase "laborer or mechanic" as used in BUD 3200 shall include for
Federal Labor Standards Provisions purposes the categories of apprentices and
trainees:,'
AMENIKEiNT TO I1'PDBR.AL LESOR STANIMS PROVISIONS
(For. use with each and every Federal. or Federally
assisted construction contract in excess of
$10,000.)
Section 6 is revised to read as follows:
Insert an '(d) the followings
(d)(1.) In compliance with 29.C.F.R. 05a.3 as amended, "tire contractor agrees:
(i.) That he. will. make a diligent effort to hire for the performance
of the contract a number of apprentices or trainees, or both, in each occupation,
which bears to the average number of the journeymen in that occupation to be em-
ployed :in the performance of the contract the applicable ratio as determined by
the Secretary of Labor;
(ii) That he will assure that 25 percent o:f such apprentices or
trainees in. each. occupation see in their :first year of training, where feasible. .
Feasibility here involves a consideration of (a) the availability of training
opportunities for first year apprentices, (b) the hazardous nature of the work for
beginning workers, (c) excessive unemployment; of apprentices in -their second and
suboequesh ybars of training,
(i.ii) That during; the performance of; the cp)Aract he will, to the
gr°eatcoii' extent possible, employ the number of apprentices or trainees necessary
to meet cu :centl.y the requirements of subdivisions (i.) and. (A) of this subpara-
graph
,(2j The contractor agrees to maintain records of employment; by trade of
-the number of apprentices and: trainees, apprentices and trainees by first year of
training:, and of journeymen, and the wages paid and hours of work of such apprentices,
trainees, and journeymen. The contractor agrees. to make these records available for
inspection.upon request of the :Department of Labor and :the Federal agency concerned.
(1) The contractor who claims compl..i,ance based on the criterion stated
i.n. s5a 1'irb) agrees to maintain records of employment, as described in WOWS),
on. non-Fi.=.deral and nonfed.eral._ly assisted construction work done during the perform-
anpe of Jhis contract in the same labor market area. The contractor agrees to
make these records available for inspection upon request of the Department of
Labor and. the Federal agency concerned.
Q1) The contractor agrees -to supply one Copy of -the written notices
ro uared' in accordance with E5a<Vc) at -the request of Federal agency compliance
officers. The contractor also agrees to Supply at 3-month intervals during per-
formance of the contract and after completion of contract performance a. statement
describing steps taken toward making ,a diligent effort and containing a break-
down by 'craft, of hours worked and. wages paid for first year apprentices and
tr.ainee sI other apprentices and trainees, and journeymen. One copy of the state-
ment will be sent to the agency concerned, and one to the Secretary of Labor..
contractor agrees to insert in any' elabcont:raet under thi.s'ccntraot
.the requirements contained.iin this paragraph (2 f.P.R. 5a.3(a)(1), (2), (3), 6)9
and (5) ), sections A-4, 5a.5, 5a.6, and 5a,.7 shall also 'be attached to each such
contract for the infonRati.on of the contractor. The term " "contract art, as used in
such clauses in any subcontract shall mean the subcontractor.
(b) Tlie, provisions of pa at;raph, (a,) of this section shall. not apply with
regard to any contrast, if the head of the Federal agency concerned finds it likely
that m,.ki.ntg of.' the contract with the clauses contained in paragraph (a) of this
section Will prejudice the national security.
N
U. S. DEPARTMENT OF IiOUSTNG Anil) UR13AN DEV[;LOPP7ENT
A.10MI ZGNT TO FEDLSAL LABOR STANDARDS PROVISIONS
(For use with each and. every Federal. or Federally
assisted construction contract in excess of .
$10,000).
Federal l Labor Standards Provisions ons Attachments are amended by -the addition of the
f'ollow.i.ng cycerpi, {�om 29 O.F.R.�S3a ��et,�';eq.
29 C.M. 05a„ r f 5a..5, €95a.6, 01a.7
NaM criteria, :.for measuring diligent effort.
A contractor will be deemed to have made a "diligent effort" as required by
d5a.3 if during the performance of his contract he accomplishes at least one of
the following three object.ivesa
(eV) , The, contractor employs on 'this project a number of apprentices and
trainees by craft as required by the contract clauses at least equal to the ratios
established in accordance with P5a.5«
(b) The contractor-, employ's on all his public and private, construction work
combined in the labor market area of this project, an average .number of apprentices
and trainees by craft as required by the c.on:trapt clauses, at least equal to the
ratios established in accordance, with 55a.5.
(c)(l) Before commencement of work on the project, the contractor if covered
by a eoll.eol ive bargaining agreement will give written notice to all joint appren-
t:i.ce,^hip committees; the local 5, S. Employment security Office; local chapter of
the TTrban League, Workers Defense League,` or other local organization concerned
with minority employment; and the Bureau of. Apprenticeship and. Training Rep:resenta
tive, U. S. Department of Labor, for the locality. The Contractor if not covered..
by a collective bargaining agreement will gave Written notice to all the groups
stated above except joint apprenticeship committees; this contractor also will
notify all. non -joint apprenticeship sponsors in the label., market area.
(2) The notice will include at least the contractor's name and address.,
the job site address, value of contract, expected starting and completion elates,
the estimated average number of employees -i.n each occapaticn to be employed over
the durat:i.on of the contract, and a, statement of his wi.l.l.i.ngness to employ a num—
ber of apprentices and. trainees at :Least equal to the ratios established in accord-
a.ndo with 35a.5.
(3) The contrac or must employ all qualified applicants 'referred to him
through normal channels (such'as the Bmployment Service, the Joint Apprenticeship
Committees and, wherc applicable, minority organizations and: apprentice outreach
prograans who have been delegated Lh:is function) at Least up to the number of such
apprentices and trainees required by the applicable provision of NOS
15Q5 Determination of ratios of apprentices or trainees -to journeymen. W.
The Secretary- of Labor has determined that the applicable ratios of apprentices
and trainees to journeymen in any occupation shall. be as follows:
(a) I:n, any occupation the appl.icz bl-e ratio of apprentices and -trainees to
jmarneymen shall be equal. to the predominant ratio for the occupation in the area
where the construction is to be, und.ex-tak: na, set forth in collective bargaining
agreements or other empl.oymr-nt agreemcnts, and available through the. Regi.onel-
.Manager. for the :Bureau. of t;;pprent.icesh:ip and Training for the applicable ar. ;a..
('b) I ()r any occupation for which no such r at:i.o is found., -the ra:ti.o of
apprentice and't:cainees to journeymen shrill be determined by 'the contractor in
accordance with the :recommend- i i-ons set forth. in the standards of the :National
J'ornt l;pprent:i.ce; coirniittoe fox: the oc:cup =lion, vhi.ch'a.r.e friefl with. the U. S.
Departmcirt of 7:,abor.'s Borea;a of App:renticesbi:p and Training..
f
(c) For any occupation for which no such :recommendations are found.., the.
ratio or a.Pp:rent ices and trainees to journeymen shall be at least one apprentice
or trainee .for every five journeymen.
RAJ Variations, tolerances, and exemptions.
Variations, tolerances, and exemptions from.any regai.rement of this part with
respect to any contract or subcontract may bo granted when such action is necessary
and prop r :n i:hr: pt as i-c interc;st, or to proven.- .injusti.ce, or onadu.e hardship. A
xoquost for a variation, tolerance, or exemptioA may be made in writing by any
ird-, resat:od person to the. Sac,retar_y, U.S. Department of Labor, Washington, &Q. 202:1.0..
€a.7 Enfo:r•cement.
(a� Ea.ch Fede-cal agency concerned shall_ insure that the contract clauses re-.
quircd by C5a.3(a.) are inserted :in every Federal or Federally assisted- construction
contract subject thereto. Federal agencies a.dminister:ing assistance programs for
construct ion7 work for which they do not contract. directly shall promu:id;ate x•egul.a.
Lions and precedures necessary to insure that contracts for the construction work
sobject to G; -3(a) will contain the clauses required thereby.
('b) j`rfaroement a.otivi'ties, including the investigation of complaints of 'vio-
lations, to r sur< compl'i < noe wit-th the r equ i rernen is of this parts ,hall. be the pri.
maar Onty of the Federal agency :ta..ecli.n UIC. oontr_,ac't or providrn 'Ihe Federal.
as„int.ance. T:Pie D:;pax:tmon:t of :tabor ig:ill, coordinate its efforts with. the Federal
agencies, as may be necessary, to assure consistent enforcement of the recauirements
of this pact. Enforcement of these panvi.sions shall be in accordance with -the pro-
cedures outlined in 95,6 of Fart 5 of this subtitle.
Effective date. The provisions of this, part shall be applicablo to every .in..
v:itation for bids„ and to every negotiation, request for proposals, or request for
quotations, for a Federal or Federally assisted construction contract, issued after
Jariva:ry 30, 1972, and to every such contract entered into on the 'basis of.' such in-
vitation or negotiation..
RESOLUTION NO, 3044
APPROVING AND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT
TO DEVELOP LAND FOR OPEN -SPACE PURPOSES NO. OS-CA-06-16-1049 (G)
BY AND BETWEEN THE CITY OF REDLANDS AND 'RE UNITED STATES OF AMERICA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS
FOLLOWS:
Section 1, The pending proposed Contract for Grant to Acquire
and/or Develop Land for Open -Space Purposes No. OS-CA-06-16-1049
(G) is hereby in all respects approved,
Section 20 The Mayor of the City of Redlands is hereby auth-
orized and directed to execute Contract No. OS-CA-09-16-1049 (G)
in two (2) counterparts on behalf of the City of Redlands and the
City Clerk is hereby authorized and directed to impress and attest
the official seal of the Public Body on each such counterpart and
to forward such counterparts to the Department of Housing and Urban
Development, for execution on behalf of the Government together
with such other documents relative to the approval and execution
of such counterparts as may be required by the Government.
Section 3. This Resolution shall take effect immedia.telyo
Adopted this 5th day of `Lune, 1973.,
ATTEST:
Aack
__B, Cummings
Mayor of the City of Redlands
Ci .erk
CERTIFICATE
The undersigned hereby certifies that:
1. She is duly qualified and acting City Clerk of the City
of Redlands and the keeper of its records.
2. The attached Resolution is a true and correct copy of
Resolution No. 3045 as finally adopted. at a meeting of the City
Council of the City of Redlands held on the 3th: day of June,
1973, and duly recorded.
3. Said meeting was duly convened and held in all respects
in accordance with law, and to the extent required by law, due
and proper notice of the meeting was given. A legal quorum was
present throughout the meeting, and a legally sufficient number
of members of the City Council voted in the proper manner for the
adoption of said Resolution. All other requirements and proceed-
ings under la.w incident to the proper adoption or passage of said
Resolution have been duly fulfilled, carried out, and otherwise
observed.
4. If an impression of the seal has been duly affixed below,
it constitutes the official seal of the City of Redlands, and
this certificate is hereby executed under such official seal.. if
no seal has been affixed, the Applicant does not have and is not
legally required to have an. official seal.
5. The undersigned is duly authorized to execute this cer-
tificate.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand
this 5th,,day of June, 1973.
lv�_ M'�' 4
e
CitrV Clerk, Ci of. Redlands
APPLICATION'S AND PETITIONS
On motion of Councilman Knudsen, seconded by Councilman
Millers unanimous ;approval was given to permission for
the American Field Service to sell refreshments in the
Redlands Bowl area on June 14, graduation days between
the hours of 5 i OO and 7 045 P.M. Tlai.,s activity also has
the approval of the school. principal and clean-up will
be done by students
COMMUNICATIONS
TI',ne program being planned by the Redlands council of the
Arts for dune 24, 1973 to celebrate the 50th Anniversary
of the Redlands Bowl _was ann®onced, This Council com,-
Redlands prises many active Redlands groups. The affair will be
Council well advertised and is expected to be well attended. On
of the motion of Councilman Sewall, seconded by Councilman
Arts Knudsen, approval was given again, for the sale of re-
freshments at the Redlands Bowl_. The Mayor commended
all. those active in the .Redlands Council. of the Arts on
this significant event.. Mr. Conant Halsey extended an
invitation to all present- and to their friends to attend
this programs which is free,
Mayor Cummings announced the SANBAO Executive Meeting
tomorrow afternoon for the purpose of choosing an execu-
tive director.
Announcement was made of a retirement dinner for Captain
Retirement Warren Elliott on Friday, June 15, 1973. On motion of
Resolution. Councilman, Miller, seconded by Councilman Knudsen, unani-
mous approval was given to a .resolution commending -
Captain Elliott for his many years of service to the
community.
Announcement was made of the Redlands Art Association
display of children ° s art at the Peppers Art Center on
June 10 between 2 0 00 and 5 .-00 P oMa
Mayor C'u sings acknowledged receipt of a memorandum from
Chief Graefe stating that no definite smog warning plan
Smog is in existence at this time. 'I"he council again ex®
Alert pressed hope that some type of alert to severe pollution
conditions can be developed for the city,
UNFINISHED BUSINESS
Mayor Cummings stated that the Council had received many,
many communications urging acceptance of the $ 73 s 000 HUD
grant for park purposes. He added that the city staff
has worked to make sure the :-ouncil is aware of the ad-
vantages and disadvantages of the HME grant and of alter-
nate programs.
Page four -
June 5s 1973
UNFINISHED BUSINESS, (Continued)
City Manager Merritt presented a detailed explanation of
the requirements, and the self-consuming aspect of a HUD
grant, which requires an expert administrator, continuing
payroll audits, and special hiring and wage regulation
and control. Mr. Merritt added that the city does not
have funds to develop the park nor to maintain it when it
is developed.
Council briefly considered the alternate proposal of using
revenue sharing funds over an approximate three-year
period to develop the park predicated upon the system
previously used by the City in the development of Ford
Parke and which could be followed for Community Park.
Councilman Sewall reminded the citizens of the difficul-
ties of fund raising and named other worthy projects
seeking funds at the present time within the city. He
also pointed out the 15% increase in costs since the
original estimates were made.
Vice Mayor DeMirjyn warned that future fund raising- after
application for the grant is made could meet the same
Community lack of support and success that befell the Veterans
Park Memorial, and questioned the actual amount that the park
HUD Grant would cost the taxpayers.
Mrs. Phyllis Williams, of Yucaipa, addressed Council,
stating that $13,000 had been raised toward Community
Parka She added that she was an amateur fund raiser and
that a professional fund raiser could raise many, many
more tames this $13,000 raised in the past year. Mr.
Paul Crawford, of 405 Marcia Street, chairman of th.e
Redlands Coalition, stressed the immediacy of the need
for Community Park
Mr. Jack Dangermond expressed concern with the cost of
using a HUD grant, and remarked that a proper park tax
for developers would raise sufficient funds in two years
Resolutions to develop and support the park. Following more disco
Nob 3045 cussion, on motion of Councilman Miller, seconded by
HUD Grant Councilman Knudsen,, the motion to approve the HUD grant,
Resolution No. 3045, was adopted by the following roll
call votes
AYES: Councilmen Knudsen, Miller, Mayor Cummings
NOES. Councilmen DeMirjyn, Sewall
ABSENT.- None
Mayor Cummings stated that he would personally work
toward raising the funds for Community Park,- that he felt
a grave responsibility to the taxpayers of the coYrinunity
for a balanced budgets and that he believed Mr.
Dangermornd had made an excellent recommendation..
Page five
June 5, 1973