HomeMy WebLinkAboutCC Res 2919 1979-10-08
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RESOLUTION NO. d <1 I 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WITH THE COUNTY OF ORANGE.
it is the intent of the City of Seal Beach to participate in the filing
of an application with the County of Orange for a grant authonized under
the Housing and Community Development Act of 1977; and
WHEREAS, the Housing and Community Development Act of 1977 authorizes cities
under 50,000 population to enter into cooperation agreements with the
county in which they are located for the purpose of undertaking essential
community development activities; and
WHEREAS,
WHEREAS, the Federal Government requires participating cities to provide a
statement of assurances that the funds will be obtained and utilized
pursuant to Federal law and policy; and
WHEREAS, it is necessary that the City adopt a Housing Assistance Plan before
filing an application with the County of Orange for funding authorized
under the Housing and Community Development Act of 1977; and
WHEREAS, on September 10, 1979, by Resolution No, 2916, the City Council approved
and adopted a cooperation agreement with the County of Orange and a
statement of assurances in order to obtain funding for the projects
proposed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve and
adopt a Housing Assistance Plan (Exhibit A) and the City's Grant Proposal
(EXhibit B), C?//
PASSED AND APPROVED on t ~ day of , 1979,
by the following vote:
AYES: Counci 1me
NOES: Councilmen
ABSENT: Councilmen
ATTEST:
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, I. NAME OF APPLIC/,NT
" U.S. OE'PAnTMENT OF I-IOlJ$l:lG AND UfUJAN C:E:VELO~MENT CITY OF SEAL BEACH
COM:.1U.~iTy OEVELOPMENT OLOCK GnA:'-IT PR0GilAM .
. , 2 l'~Pi'LIC^TIONiGA/,NT NUMDEA
HOUSING ASSISTANCE "LAN
TABLE V. ANNUAL IiOUSING ACTION PROGRAM I -I I I
B - - - .
ANI/UAL GOAL
. ~. 0 ORIGINAL
3. PERIOO OF APPLICABILITY KEY
'ROM TO PUNCH 0 REVISION,OATE
7/1/80 6130/81 coo. 0
. E AMENDMENT. DATE
NUMBER OF LOWER.INCOMe HouseHOLOS TO BE ASSISTEO
ELDeRLY SMALL LARGE
TYPES AND SOURces OF HOUSING ASSISTA:"JCE 11.2 p""Dn~J FAMILY FAMILV
TOTAL ANO
HANOI. (4 t" J... 150' me".
CAPpeo 11 P.,.sonJ} p.nonl/ .
1.1 Ibl leJ Idl foJ
I I A. TOl3r Goals for Housing Assistance far HomeownBt!
, (1um ollin"s 2 .nd 5J 21 12 7 2 .
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I, Nll'W Construction ASSlua:lce lor Homeowners
2 (JII", ollinl1l 3 .nd III
-"3 ------;iuo-Ass"isied-P;ograms ..------ --.--- '--------
. ._____ 0___-
4 Oth.:r
5 2. Rehabilitation ASSlslDnc~ for Homeowners
ISlIm of Iin~. 6. 1 ilnd 8J 21 12 7 2
5 Community O"v';'o"Pm-:nc-Bloc"'kGr;';.u-- ------ .
I - 7.1 - -Hue As;fiied P'-.;g~amj. --- ------------- . -- ---.--
- -
.---- ....--- --- --- -. -~ --- -
S I Other
;
9 B. TOlel Goals for Housing ASSlSl3nce 10f Renlers I ,
I!um of litle. '0. 13. 16 .nd 22J 79 5 59 15
10 " Assistance lor PtOSp;C'li...~ Homeowners I
(sum ollint!s " + 7.2)
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II HUO ~isled .!!.C:i~~___
-- ,
t2 Other .
13 2. N~w RU,nlal Units
(sum Dllin~1 '4 .ndw~SJ 65 0 50 15
-
Ie HUO Assiue-d Programs 0:> -~-- :>U I:>
. ------.-.---
: 15 Oth!'r
15 3. Rehabilitation of Renlill Ur:its
/sum oflint!S 1,. IS.nd 21J 14 5 g 0
, 1/ Community Oev-:lopn"'ent Blocl( Grants ---1.L_ 'i 0 n
'8 HUO Assisted Progra;;'~-f;;~'~-fi;;;;;'9 -:; 20/-------
~ ----sub'l.ntj;iF.~h~b;ii;~~;;~-------- .--- --- ------
I~ __ ___ __on____,____ ___..__ ,--
20 Section 8 b:'sling with Moderate Rehohilit.:ion
2' Olher.
I; 4. EJlining Renlill Units
',um 01 Utter 23 + 26)
--.. .-------------- ------ 1--------
23 __~~~~!~ Prog, ~T..! t.:~"!-l!! ~~!! 24 + 2~J _. _
24 With R~pair
__,___,___,__,___, ._, - ___u_, ______....___,.... --..--.- ----.--- --. --------
25 ~ .. Withou~ Relui,
.J -___._ '________n____ ___. n___ --._--
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NARRATIVE (Attach additional sheers if necessary and identify lVilh ilem~ Dbove)
J11. Foolnole units 10 be provided sJ,ecificallv for the handicapped, , ,
. 2. Describe the programs listed under this ciltegory.
. 3. Describe those aelions necessary to facilitate the accomplishment of the soals.
Incremental Year of Submission
Tahles I, II and IV ollhe Thre. Vear HAP approved.___ .re
0 1 02 03 inCOrpOriHecl b'/ referencu and are nOI contained in this (s(!ConrJ) (Ihird) YCi1r submission.
KeSOiU~10n ~umoer
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O"D 1'1 63
Pr~\IOU' Edition II Ob1ole'e
HUO.709500,781
EXHIBIT "A"
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EXHIBIT "8"
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5150,000 - l':obile Home Rehabilitation and Cabana Replacement Grants
for the Seal Beach Trailer Park. The grants would, benefit low/moderate
income families in the Seal Beach Trailer Park. The funds \~ould be
used for upgrading substandard mobile homes to meet Gecent/s~fe and
sanitary requirements of the Title 25 specs for cabana replacement.
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Res~lution NUffiQer
Agreement No. C26280
COmiTY OF ORANGE
ENVIROl'i~NTAL ~WIAGEHENT AGENCY
HOUSING A-~D COMMUNITY DEVELOPMENT CONTP~CT
1 TITLE OF PROJECT: Mobile Horne Rehabilitation
2
MEMORANDUM OF CONT~~CT entered into this
day of
,
3 1979.
4 BY AND BETWEEN
5 CITY OF Seal Beach a municipal cor-
poration, hereinafter referred to as CITY,
and
COUNTY OF ORANGE, a political subdivision of
the State of California and recognized Urban
County under the Federal Housing and Co_unity
Development Act of 1974 & 1977, hereinafter
referred to as COUNTY.
WIT N E SSE T H
~nmREAS, COUNTY and CITY previously entered into a CooperatIon Agreement,
dated November 28, 1978, in which both parties agreed to cooperate in the undertaking,
or assist in the undertaking, of COL1lIlunity development and housing assistance activ-
ities, and
\~EREAS, the CITY rAS subAitted to the COUNTY an application for funding
of a project(s) hereinafter described, and
WHEREAS, the COD~ has entered into separate agreement dated July 31, 1979,
with the U. S. Department of Housing and Urban Development (hereinafter ,Iesignated
as HUO) to fund said project(s) under the Housing and Co~unity Development Act of
1974 and 1977.
NOW, THEP~FORE, IT IS AGREED by and between the parties that the following
provisIons as well as all applicable Federal, State and County laws and regulations
including the attached SPECIAL PROVISIONS, identified as Exhibit "A", are part of
this contract.
1. For the PURPOSlOS OF THIS CONTRACT the following definitions shall
27 apply:
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a. Project ~lanager: The party responsible for, but whose responsibility
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1 is not limited to the following: Contracting, monitoring and implementing the project.
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b. Director: The Director of the County of Orange Environmental
3 Management Agency.
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c. Reimbursable Basis: The procedure by which the COUNTY will reimburse
5 the CITY for expenses incurred related to subject project.
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2. It is understood that the CITY is solely responsible for implementation
7 of the project(s), described herein as: Mobile Home Rehabilitation:
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A rehabilitation program for target area residents particularly those
living in the Seal Beach Trailer Park. (See Map Exhibit B). Rehabilitation will 1n-
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elude mobile home re-roofing, repair of substandard wiring and plumbing,replacement
11 of cabanas and enclosing awning. Completion of this project is anticipated December,
12 1979.
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3. This contract provides that the CITY:
a. Shall submit to COUNTY a complete description of the project(s)
15 proposed to be conrlucted by CITY hereunder, including detailed estimated costs
16 thereof. Said project(s) description and any amendments thereto shall be subcitted
17 to and approved by the COUNTY, prior to commencement by CITY of such project. COUNTY
18 shall not be liable for any costs which exceed said estimated project(s) costs.
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b. Agrees to act as Project Manager for said project(s) and to submit
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any and all contracts funded through this agreenent to COUNTY for review prior to
award of such contracts by CITY.
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c. Agrees and acknowledges responsibility for the design of projects
23 funded under this contract.
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d. Agrees that all work shall be in accordance with CITY's governing
25 building and safety codes.
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e. Shall maintain accounting records, official files, and other
27 evidence pertaining to costs incurred pursuant to all applicable HUD regulations,
28 and all of these shall be accessible for the purpose of making surveys, audits and
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1 examinations by duly authorized representatives of COtlliTY or HUD. These records
2 shall be kept available at CITY'S office during the contract period and thereafter
3 for three (3) years from the date of final payment of HHD Community Development
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Block Grant funds.
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f.
Agrees that the project developed under this program must be re-
tained for Community Development purposes as defined by applicable HUD provisions
and at a level of operations and naintenance adequate to insure maximum utilization
of the project by low and moderate income families.
g. Agrees that the Director, shall evalllate the CITY's progress in
complying with the terms of this contract six months after the execution thereof,
11 and each six months thereafter. CITY shall cooperate fully in such evaluation.,
12 The Director, shall report the finding of each evaluation to the City Council of
13 CITY and the Orange County Board of Supervisors. If it is determined by the Board
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of Supervisors that performance or progress on performance is unsatisfactory, the
Board of Supervisors may terminate the contract or withhold further funding on the
project pending resolution of the unsatisfactory conditions. In addition, the
Board of Supervisors may require reimbursement of any funds that are determined by
such body to be improperly expended or not expended on the project in a timely manner.
h. Agrees that if it is subsequently determined by COUNTY or HUD
that any funds under this agreement were not expended in compliance with the federal
laws and regulations'- including Federal Real Property Acquisition and Un~form
Relocation Assistance regulations, CITY will refund to COUNTY such sums which '
were improperly expended.
i. Will assume responsibility for the California Environmental
25 Quality Act requirements and will provide COUNTY with necessary information to
26 comply with the National Environnental Policy Act.
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4. Project Funding:
a. This project will be financed as follows:
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R~olution Number"
Sixty Thousand Dollars and nollOO ($60,000.00) Block Grant funds.
b. Payment by the COUNTY to the CITY shall be on a reimbursable basis
unless the CITY has been authorized and issued cash advances by COUNTY under this
agreement.
c. Cash advances requested by the CITY under this agreement shall be
made by the COUNTY to the CITY if the following conditions are met:
(1) The CITY has demonstrated to the Director through certifica-
tion in a form prescribed by the Director and subsequently through performance,
its willingness and ability to establish procedures that will minimize the time
elapsing between the transfer of funds to it and its disbursement of such funds.
(2) The CITY certifies to the Director, that the CITY's
ftnancial management system meets the standards for fund control and accountability
prescribed in Office of Management and Budget Circular No. A-102.
(3) The CITY complies with the cash advance procedures as shall
be required by the Financial Procedures of the Housing and Community Development
Division of Orange County Environmental Management Agency (hereinafter EI1A).
If, subsequently, the CITY is found to be in non-compliance with the
above, the CITY shall be paid only on the aforementioned reimbursable basis and,
if necessary, agrees to reimburse the COUNTY for any monetary damages the COUNTY
may incur for the CITY's non-compliance.
d. Reimbursable basis payments, as referred to in section 4.b. above,
andlor cash advances described in 4.c. above, will be made in accordance with the
financial procedures as shall be required by EMA. In the event of conflict
between said financial procedures and any applicable statutes, rules OT regulations
of HUD, including Office of Management and Budget Circular No. A-102 the latter shall
prevail.
5. Neither COUNTY nor any officer nor employee thereof shall be respon-
sible for any damage or liability occurring by reason of any action or omission
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1 of CITY under or in connection with any work, authority or jurisdiction delegated
2 to CITY under this contract. It is also understood and agreed that, pursuant
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to Government Code Section 895.4, CITY shall fully indemnify, defend and hold
COUNTY harmless from any liability imposed for injury (as defined by Government
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Code Section 810.8) occurring by reason of any action or omission of CITY under
or in connection with any work, authority or jurisdiction delegated to CITY
under this contract.
6. Neither CI~ nor any officer nor employee thereof shall ~e responsible
for any damage or liability occurring by reason of any action or omission of
COUNTY under or in connection with any work, authority or jurisdiction not
11 -delegated to CITY under this agreement. It is also understood and agreed that,
12 pursuant to Government Code Section 895.4 COUNTY shall fully indemnify, defend
13 and hold CITY harmless from any liability imposed for injury (as defined by
14 Government Code Section 810.8), occurring by reason of any action or omission
15 of COUNTY under or in connection with any work, authority or jurisdiction
16 not delegated by CITY under this agreement.
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7. In the event of CITY's failure to comply with the provisions
of this Contra~t, COUNTY may withhold funds and/or allocate funds to another
activity considered by the COUNTY to be in compliance with the Act.
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IN WITNESS THEREOF, CITY has caused this contract to be executed by its
Mayor and attested by its Clerk and COUNTY has caused this contract to be executed by
the Chairman of the Board of Supervisors and attested by its Clerk, all having been
duly authorized by the City Council of CITY and the Orange County Board of Supervisors.
Dated:
@U-o~ j. Ie; 7q
ATTEST:
Dated:
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
By34Jf- )-. CI~.
HICD ~~(~){lt
~1:d~c8 0(1) v
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CITY OF Seal Beach
By
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COUNTY OF'ORANGE, a political subdivision
of the State of California
By
Chairman of the Board of Supervisors
COUNTY
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Resolution Number
F.XHIIlI'i"
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Spe;CIAI. PROVISIONS
liased upon the require[.lcnt of the rules and regulations of the lJ.ousing and Con~uni ty
Jcvelopnent ?rogram, Executive Orrl~r ~o. 11246 and ;.ederal Managa~ent Circular 74-4
ar:.d ]!s.-7, the follc::-1ing. provl!iions nust b~ incluJed in all cor.tr.qets j')aid :or in
".'i1Ole or in part from :l!C;) funds a,; indicated.
A.
The followin;; "lUst be included in all contracts and SU'DCO"l.tracts:
1.
"The work to be performed under this contr2.ct is on a pro'-;ect
assisted under a progra~ providing direct Federal financial assista~ce frow tIle
:1~D..lrt'C\ent
of !lousing aud Urban D~velopment and is subject to ~he requirements
,)f Section 3 of the Honsin1; and Urban Development Act of 1%8, as a",ended
12 U.S.C. 170In.
Section 3 requires that to the greatest extent feasible oppor-
t"nitles for training and employnent be given lower incor.le residents of the
!,roject area and contracts for work in connection with the proj~ct be a",arded
13 to business concerns which are located in or owned in substantial part by
14 persons residing in the area of the project."
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2. "The parties to this contract will comply with the provisions
of said Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Oevelopment set forth in 24 CFR 135, and all applicable
rules and orders of the Department issued thereunder prior to the execution
of this contract. The parties to this contract certify and agree that they
are under no contractual or other disability which would prevent them frOM
complying with these requirements."
3. "The contractor will send to each labor organization or rcpre-
sentative or workers with wh;,ch he ha'l a collective bargaining agreement or
other contract or understanding, if any, a notice advising the sai.d labor
organization or workers' representative of his commitments under this Section
3 clause and shall post copies of the notice in conspicuous pla~e~,ayailable
to emplo}>ees and applicants for employme,nt or, training." ,
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4. "The contractor will include this Section J clause in e"Jery
P~(1'D 1 nf 1ft.
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subcontract for work in connection with the project and will at the direction
of the applicant for or recipient of Federal financial assistance, take ap-
propriate action pursuant to the subcontract upon a finding that the subcon-
4 tract is in vi,olation of regulations issued by the Secretary of Housing and
5 Urban Development, 2A CFR 135. The contractor will not subcontract with
6 any subcontractor where it has notice or knowledge that the latter has been
7 found in violation of regulations under 2A CFR 135 and will not let any
8 subcontract unless the subcontractor has first provided it with a preliminary
statenent of ability to comply with the requirements of these regulations."
5. "CoMpliance with the provisions of Section 3, the regula-
11 tions set forth in 2A CFR 135, and all applicable rules and orders of the
12 Department issued thereunder prior to the execution of the contract, shall
13 be a condition of the Federal financial assistance provided to the project,
14 binjing upon the applicant or recipient for such assistance, its successors.
15 and assigns. Failure to fulfil these requirements shall subject the applicant
16 or recipient, its contractors and subcontractors, i~s successors, and assigns
17 to those sanctions specified by the gra~t or loan agreement or contract
18 through which Federal assistance is provided, and to such sanctions as are
19 specified by 24 CFR 135." (Source: Vol. 38, No. 203, 24 CFR 135.20)
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6. "During the performance of this contract, the contractor
agrees as follows:
a. The contractor will not discriminate against any employee
23 or applicant for employment because of race, color, religion, sex or national
24 origin. The contractor will take affirmative action to ensure that applicants
25 are employed and that employees are treated during employment, without regard
26 to their race. color, religion, sex or national origin. Such action shall
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include, but not limited to the following: Employment, upgrading, demotion
or transfer, recruitment or recruitment advertising; layoff or termination;
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1 rates of payor ot'lcr forl"ls of cOMp'''''sation; and selection for training, in-
2 clnding apprenticeship. ':'!le contractor agrees to post in conspicuous plact!s,
3 available to e",ployees and a;->plicants for c,"ploy!:'ent, notices to b" ?rovi:led
4 by t:,e contractin~ officer setting forth the provisions of this no:-.discdnin-
5 ation clause.
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b. The contractor will, in all solicitations or advertise-
ments 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,
c. The contractor will send to each labor union or represe~-
11 tative of workers with which he has a collective bargaining agree:nent or other
12 contrect or understanding a notice to be provided by the Department's contracting
13 officer, advising the labor union or worker's representative of the contractor's
14 commitments under Section 202 of Executive Order 11246 of Septecrber 24, 1965,
15 and shall post copies of the notice in conspicuous places available to ecr910yees
16 and applicants for employment.
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d. 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.
e. The contractor will fur.nish 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 pursuant thereto, and
will perAit access to his books, records and accounts by the Department and
the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
f. In the event of the contractor's non-compliance with the
27 nondiscrimination clauses of this contract or with any of such rules, regulations
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28 or or.ders, this contract may be canceled, terminated or suspended in whole
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1 or in part and the contractor may be declaced ineligble for further Government
2 contacts in accordance with procedures 3uthori2ecl in Executive Order 1126.6
3 of Septe;nber 24, 1965, and such other sanctions ~ay be imposed and reMedies
4 invoked as provided in Executive Order 1126.6 of September 24, 1965, or by
5 rule, regulation, or order of the Secretary of Labor or as otherwi~~ provided
6 by law.
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g. The contractor will include all the provisions of para-
8 graphs (a) through (g) in every subcontract or purchase order unless exempted
II by rules, regulations or orders of the Secretary of Labor issued pursuant to
10 section 204 of Rxecutive Order 1126.6 of September 26., 1965, so that such pro-
11 visions will be binding upon each subcontractor or vendor. The contractor
12 will take such action with respect to any subcontract or purchase order as
13 the Department may direct as a means of enforcing such provisions including
14 sanctions for noncompliance; Provided, however, that in the event the contractor
15 beco~es involved in or is threatened with litigation with a subcontractor or
16 vendor as a result of such direction by the Department, the contractor may
17 request the United States to enter into such litigation to protect the interests
18 of the United States." (Source: Executive Order 1126.6, Part II, Subpart B '
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Section 202)
7. Non-Discrimination
The contractor, in any activity Jirectly or indirectly financed under this
contract, shall comply with:
a. Title VI of the Civil Rights Act of 1966. (Pub. L. 88-352),
and the regulations issued pursuant thereto (24 CFR Part 1), which provides
that no person in the United States shall on the grounds of race, color, or
national origin, be excluded from participation in" be denied the benefits
of, or be otherwise subjected to discrimination under any program or activity
for which the contractor receives Federal financial assistance and will
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icu:\ediately take any measures necessary to effectuate this .J."surance. If
any real property or structure ther~on i~ provided or improved ~ith the
aiJ of Federal financial assistance extended to the applicant, this assurance
shall obligate the applicant, or in the case of any transfer of such property,
any transferee, for the period during which the real property or str'lcture
is used for a purpose for which the Federal financial assistance is extended,
or for another purpose involving the provision of similar services or benefits.
b. Title VIII of the Civil Rights Act of lry68 (Pub. L. 90-2R4),
as a~ended, administering all progra~s and activities relating to Housing
anJ Co~unity nevelop~ent in a ~anner to affirmatively further fair housing
in the s&le or rental of housing, the financing of housing, and the provision
of brokerage services.
c. Sect ton 109 of the Housing and Con"unity Oevelopnent Act
of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.601),
which provides that no person in the United States shall on the grounds of
race, color, national origin, or sex, be exclnded from participation in, be
denied tI,e benefits of, or be subjected to discrimination under, any program
or activity funded in whole or in part with funds provided under the Part.
d. Executive Order 11063 on equal opportunity in honsing
and nondiscrimination in the sale or rental of housing built with Federal
assistance. (Source: F.R. Vol 43, No. 41, Part 570.307 (Ll-4))
8. "No member, officer, or employee of the city or county or
its designees or agents, no member of the governing body of the locality in
which the program is situated and no other public official of such localities
who exercise any functions or responsibilities with respect to the program
during bis tenure or for one ~ear thereafter, shall have any interest direct
or indirect in any contract or subcontract or the proceeds thereof, for
work to be performed in connection with the program assisted under this
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1 contract." (Source HICf) Funding Agreement No. 11 and F.R. vol. !o3, No. 41,
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570.307 (p))
9. For all negotiated contracts t~e grantee, the Federal grantor
agency, the Controller General of the United States or any of their duly author-
ized representatives, shall have access to any books, documents, papers and
records of the contractor which are directly pertinent to a specific grant pro-
gram for the purpose of w~king audit, examination, excerpts and transcriptions.
(Source: Federal Uanagement Circular 74-7 Appendix 0 (91))
10. In the event that any of the provisions of this contract are
violated by the contractor or by any of his subcontractors, CO!lNTY may serve
written notice upon the contractor and the Surety if any of its intention to
terminate the contract, such notices to contain the reasons for such intention
to terminate the contract and unless within ten (10) days after the serving of
SUCll notice upon contractor, such violations or delay shall cease and satisfac-
tory arrangement or correction be made, the contract shall, upon the expira-
ation of said ten (10) days, cease and terminate. In the event of any such
termination, COUN!Y shall immediately serve notice thereof upon the Surety
and the contractor and the Surety shall have the right to take over and per-
form the contract; provided, however, that if the Surety does not commence
performance thereof within ten (10) days from the date of the mailing to such
Surety of notice of termination, the COU~TY may take over the work and prose-
cute the same to completion by contract at the expense of the contractor, and
the contractor and his Surety shall be liable to the COUNTY for any excess
cost occasioned by the COUNTY thereby and in such event the COUNTY take pos-
session of and utilize in completing the work, such materials, appliances
and plant as may be on the site of the work and necessary therefore. (Source:
Orange County Housing and Community Vey~lopment)
B. The followin6 must be included in all contracts or subcontracts
'0......,.. e. .....1= , &.
.il
, il. Resolution Number
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111 ~()r construc':i',., or construction-lil<e projects (e.<;. rehabilitation, street
?!, repai r) :
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3! 1. .\11 th" ?rovisions u;der Secti"n "A" above.
41 2. The c,'nstruction or ::eha"llitation of residential structure
!
5!i \,;ir:h assistance pro,..iJed under this Contract is subject to the HUll !.f',ad-Base
6 II "..int regulations, 26. CrR ?art 35. Any grants or loans r.la.le for the'rehabili-
7 II tation 0: residentinl structures with assistance provided under this Contract
Sll
!I shall be made subject to the provisior.s :or the elimination of lead-base
Iii
II paint hnzards under Subl)a~t B of said regulations and" the contractor shall
i!
10 he. responsihle for the inspections and certificatif);\s required ur.der :Ject1on
11 35.1!o(f) thereof. (Sou::ce: HIC!) Funding Agreeme!1t ::0. 5 and 26. CFR Part 35)
12 3. Access:.':lility/Hsa1:lilit}' of Facilities and lluildings for
13
141,
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IS 1
'19 I,
20
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Physically Handicapped
~e contractor, in any activity directly or indirectly
finar.ced under this contract s~all require every building or facility (other
than a privately owned residential structure) designed, constructed or altered
with funds provided under this Federal Block Grant Program to comply with the
",~~erican Standard Specifications for ~!aking ~uildings and Facilities Acces-
sible to, and Usable by, the Physically Handicapped," tlumber A-l17.l-R 1971,
subject to the exceptions contained in 6.1 CFR 101-19.606.. The contractor will
be responsihle for compliance uith these specifications and to insure compli-
ance by any subcontractor (Source: F.R. Vol. 6.3, No. 6.1, Part 570.307 (K))
4. The contractor shall cause or require to be inserted in full
24 in all nonexempt contracts or subcontracts for work furnished in whole or in
25 part by the grant contracts, the following requirel~ents (contracts, subcontracts
26 and subloans not exceeding SlOO,OOO are exempt fro~ this party),
27
a. "stipulation by tae contractor or subcontractors that
28 ;"ny facility to be utilized in the perfor;:Jance of any non-exempt contracts
,I Page 7 of 16
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1 i or subcontract is not listed on the List of Violating Facilities issued by
2 the Environmental Protection Agency (BPA) pursuant to ~O CFR 15.20.
3
b. Agreement by the contractor to co~ply with all the
4 reGuire~ents of Section 114 of the Clean Air Act, as a~ende1 (~2USC l857c-8)
5 and Section 308 of the Federal Water Pollution Control Act, as auended, (33USC
6 1318) relating to inspection, monitoring, entry, reports, and infornation,
as well as all other requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued thereunder.
c. A stipulation that as a condition for the a~ard of the
10 contract prompt notice will be given of any notification received from the
11 Director of the EPA, Office of Federal Activities or any agent of that office,
12 that a fa~ility utilized or to be utilized for the contract is under consider-
13 ation to be listed on the EPA list of Violating Facilities.
14
d. Agreement by the contractor that he will include or
15 cause to be included the criteria and requirements in paragraph (a.) through
16 (d.) of this section in every nonexempt subcontract and requiring that the
17 contractor will take such action as the GovernClent may direct as a means en-
18 forcing such provisions. (Source: HIeD Funding Agreement :10. 6)
19
5. In all contracts for construction in excess of $100,000,
20 grantees shall observe at least the minimum bonding requirements as follows:
a. A bid guarantee froCl each bidder equivalent to five
22 percent of the bid price. The "bid guarantee" shall consist of a firm com-
23 citment such as a bid bond, certified check, or other negotiable instrument
24 accoClpanying a bid as assurance that the bidder will, upon acceptance of
25 his bid, execute such contractual documents as may be required within the
26 tiCle specified.
27
281
b. A perform~nce bond on the part of the contractor for
100 percent of the contract price. A "performance bond" is one executed in
Y'lo _ ~ ~ n _L! "I. t':
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Resolution Number
connection with a ~ontract to secure fulfillment of all the contractor's
obligations under such contract.
c. A ~ayment bond on the part of the contractor for 100
4 percent of the Cl)ntract price. A "payment hond" is one executed in connection
51'
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"'itl1 a contract to assure p"Yl'lent as required by law of all persons supplying
labor and material in the execution of the work provided for in the contract.
(:;ource: Federal :1anagement Circular 74-7 Appenrlix B)
6. "This contract is subject to the requirements of the Flood
Disaster Protection Act of 1973 (P. L. 93-234). ~o portion of the aGsistance
provided under this Contract is approved for acquisition or cons,trllction
purposes as define1 under Section 3(a) of said Act, for use in an area inden-
tHien by the Secretary as having special flood hazards which is located in
a c01!"Jaunity not then in complianc" with the requirements for participation
in the national flood insurance prograCl pursuant to Section 20l(d) of said
Act; and the use of any assistance provided under this Contract for such
acquisition or construction in such identified areas in communities tllen
participating in the national flood insurance program shall be subject to
the mandatory purchase of flood insurance requirements of Section 102(a) of
said Act." (Source: HlcD Funding Agreement No.3 and F.R. Vol. 43, No. 41,
570.307 (j))
7. "Except with respect to the rehabilitation of residential
property designed for residential use for less than eight families, all con-
tractors engaged under contracts in excess of $2,000 for the construction,
prosecution, completion or repair of any building or work financed in whole
or in part with assistance provided under this Contract shall cOClply with
IIUD requirements pertaining .~o such contracts and the applicable requirements,
of the regulations of the Department.of Labor.under 29 CFR Par,ts.,3,--CCopeland
Act) 5a, (Davis-Bacon Act) governing the payment of wages and the ratio of
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131
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Reso1ut1on Nu er
ap?rentices and trainees to jOl1r:J.eymen:
l'rovi.led, that if wage rates higher
than those required under such regulations are i"'p.:>sed by st,:,te or local law..
nothing ~ereunder is intended to relieve the contractor of its obligation, if
a"y, to require paYl'Jent of. the !ligher rates. TI,e contractor shall cause or
require to be inserted in full, in all such contracts subject to such regula-
tions, provisions !'Jeeting the requirements of Federal Labor Standard Provision
29 CFR 5.5 and, for such contracts in excess of SlO,OOO 29 erR 5a.3" (Source:
H/CD funding AgreelJ.ent 110. 7 and 29 erR Parts 3 and 5)
8. For all contracts over Ten Thousand Dollars and no/lOO
(SlO,OflO.OO):
a. ~he contractor shall comply with the construction con-
tractors Affirl'Jative Action Requirements as prescribed as in 41 CrR Part 60-4
incl us! ve.
b. Governl'Jent contracts. Except as otherwise provided,
15 each contracting agency shall include the following equal opportunity clause
16 contained in Section 202 of the order in in each of its Government contracts
I
17 I (and modifications thereof if not included in the original contract):
18 During the performance of this contract, the contractor agrees as follows:
19
(1) The contractor will not discriminate against any
20 ecployee or applicant for employment because of race, color, religion, sex,
I
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241
25
26,
27 i
or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that ecployees are treated during employ-
ment, without regard to their race, colo~, religion, sex or national origin.
Such action shall include, but not be lir.1ited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising,
layoff or terr,lination, rat,el'" 0: ,.pay...or. o,thor f.orms of..cor.1pensation, and
~-" . '
selection Kor tratninz, inc~~di~g pppreRticeship. The contractor agrees.,
28 to post in conspicuous places, available to cIaployecs and applicants for
V~"'g lfl ..../: 1 t::.
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711
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25
26
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28
Resolution Number
etlploYLlent, notices to be provided by the contracti"J officer setting forth
the provisions of this non-discril'lination clause.
(2)
"'1,-::10
-L..It:
co!\tractor will, i:1 all solicitations l)r advcr-
tisc;n~nts for emp loycus p] aced by or on !:lenalf of t:le contractor" state that
all ~ualified applicants will receive consideration for enploy~ent without
regard to race, color"religion, sex, or national origin.
(3) The contractor will send to each labo~ union or
reprGsentative of workers with which he has a collective bargaining agrce-
went or other contract or understanding, a noti~e to ~e provided ~Y the
agency contracting ufficer~ advising the labor unior. or workers' represcn-
tative of the contr:}~tor's cor.w.it:nents under Section 202 of Executive Order
11266 of'Septenher 24, 1965, and shall post copi~s or the notice in cons pic-
uous placcs available to employees and applicants for e,aployne:lt.
(6) Tha CI)'ltractor will comply with all provisions
of gxecutive 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 pursuant thereto,
and will permit access to his books, records, and accounts by t~e contracting
agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(6) In the event of the contractor's nonconpliRnce with
the nondiscrimination clauses of this contrar:l or with any of such rules,
regulations, or orders, this contract may be canceled, terminated or suspended
in whole or in part and 'the contractor may be dC,clared ineligible for further
Government contracts in accordance with procedur,es authorized in Executive
Order 11246 of Scptenber 24, 1965, and such other sanctions may be imposed
1>......'" 11 ,..s: ,r..
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25
26
27
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Reso1~tion Number
and re~edies invoked as provided in F.xecutive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as other..ise
provided by la...
(7) The contractor ,.ill include the provisions of para-
graphs (1) through (7) in every subcontract or purchase order unless exenpted
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 subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as
the contracting agency may direct as a means of enforcing such provisions
including sanctions for nonconpliance: 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 contracting
agency, the contractor may request the United States to enter into such liti-
gation to protect the interests of the United States.
c. Federally assisted construction contracts.
(1) Except as otherwise provided, each administering
agency shall require the inclusion of the following language as a condition
of any grant, contract, loan, insurance, or guarantee involving federally
assisted construction which is not exempt from the requirements of the equal
opportunity clause:
The applicant hereby agrees that it will incor-
porate or cause to be incorporated into any contract for construction w~rk,
or modification thereof, as defined in the regulations of the Secretary of
Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds
obtained from ,the Federal Government or borrowed on the credit of the Federal
Government pursuant to a erant, contract, loan, insu~ance, or guarantee, or
undertaken pursuant to any Federal progra~ involving such grant, contract,
"
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I
Iii loan~ insurance, or 3uarantee. the following equal opportunity clause:
2 Ouring the performance of this contract, the
:1
5
C.011tcdc.t.or agrees as fol1o....,s:
(1) The contractor will not discrinlnate a3ainst any
el:lployee or applicant ror emploYI11ent because of race, color, religion, sex.,
6 or national origiq. "he contractor will take affirmative action to ensure
7
a'
10
11
that applicants are eo::ployec, and t:1at eo'ploye.os are treated durins employ-
ment without regard .to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the follo~i~g: Employment,
upgrading, dCI1lotion, or transfer, recruitment or recruitr.1ent advertising"
layuff or termination, rates of payor other forms of compensation, and
12 Si!leclion for trai.nins, including appri!nti,ceship, The contractor agrees to
13 post in conspicuous places, available to employees and applicants for emp10y-
14 ment, notices to be provided setting forth the provisions of this nondiscrim-
15 ination clause.
16
17
18
19
I
22
23
24
25
26
27
28
(2) The contractor will in all solicitations or adver-
tisements for employees placed by or on behalf of contractor, state that all
qualified applicants will receive consideration for em?loyment without regard
to race, color. religion, sex, or national origin.
(3) TIle 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
labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places avail-
able to employees and applicants for employment.
,'(4) The contractor will comply with all ,provisions .of ,
Executive Order 11246 of September 24, 1965" and. of. the rules ,.. ,rE;gu:!.ati,?~s,...,
. .' ..
and relevant orders of the Secretary of Labor.
.
1
Reso1ut~n Number'
,)
(5) The contractor will furnish all infornation and
2 reports required by Executive Order 11246 of Se?te~ber 24, 1965, an~ by t~e
3 I rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
4 and will pcrmit access to his books, records, and accounts by the a1minister-
5 ing agency and the Secretary of Labor for purposes of investigation to ascer-
61
tain compliance with such rules, regulations, and others.
7
(6) In the event of the contractor's nonco~rliance 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
10 in whole or in part and the contractor may be declared ineligible for further
11 Government contracts or federally assisted construction contracts in accordance
12 with procedures authorized in Executive Order 11246 of September 24, 1965,
13 and such other sanctions may be imposed and renedies invoked as provided in
14 Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
15 of the Secretary of Labor, or as otherwise provided by law.
16
(7)
The contractor will include the portion of the
17 sentence immediately preceding paragraph (1) and the provisions of paragraphs
18 (I)-through (7) in every subcontract or purchase order unless exempted by
19 rules, regulations. or orders of the Secretary of Labor issued pursuant to
22
23
24
25
26
27
281
I
Section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor
will take such action \lith respect to any subcontract or purchase order as
~he administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance. Provided however., that in the event
a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or'~endor as a res,rlt o~,such,direction by the adMinistering
-:...,.1.....
a;;ency the ,contractor -may, request the-, United States" to, enter _ into,_ s~ch Ii ti::,
gation to protect the interests of the United States.
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Resolution Number
The applic?nt further agrees that it will be bound
by the above equal opportunity clause with respect to its own employment prac-
tic~s \.;:r:cn j.t p3.rticl.patt~s in federally assistc..! cO:1structicn. \;ork. Prcvided,
that if the applicant so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency, instr!lmen-
tality or"subdivision of such government which does not participate in work
on or under the contract.
The applicant agrees that it will assi~t and co-
operate actively with the administering agency and the Secretary of Labor
in obtaining the compliance of contractors and subcontractors with the equal
11 opportunity clause and the rules, regulations, and relevant orders of the
12 Secretary of Labor, that it will furnish the administering agency and the
13 Secretary of Labor such information as they may require for the supervision
14 of such compliance, and that it will otherwise assist the administering
15 agency in the discharge of the agency's primary resppnsibility for securing
16 compliance.
17 I The applicant further agrees that it will refrain
181 fron entering into any contract or contract modification subject to Executive
I
19 i Order 11246 of September 24, 1965, with a contractor debarred fro"",, or who
20 has not deconstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Bxecutive order and will
carry out such sanctions and penalities for violation of the equal opportunity
clause as ~ay be imposed upon contractors and subcontractors by the adminis-
tering agency or the Secretary of Labor pursuant to Part II, Subpart D of
25 the Executive order. In addition, the applicant agrees that if it fails or
261
271
28.
II
refuses to comply with these undertakings the administering agency may take
any or all of following actions: Cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from
Page 15 of 16
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e".,tendinf: any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance
(JI ~uturt:: cor.;?liG.!.nce has beer.. recc:::,vcd rrn~ c;n.::h applicant; and refEr the
4 case to the Department of Justice for appropriate legal proceedings. (Source
5 41 CFR Part 60-l.4a and 1.4b and ")
6
7
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12
13
14
15
16
17
18
19
20
23
24
25
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9. Definitions
7hroughout these Special Provisions the meaning of words
shall be that neaning given by the act, regulation, Executive Order, Federal
Management Circular. agreenent, or rule cited herein as the source for the
section in which the words appear. (Source: Orange County Counsel)
10. Include the "Federal Labor Standards Provisions" (HUD-40l0).
11. Note
Federal ~~nagement Circular 74-7 has been replaced with Office of
l~nagement and Budget (OMB) A-I02.
///
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AP:dec1l60(9)
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Resolution Numb~r
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(2-76)
u.s. DEPARTMENT OF tiCUSI:-;G l.~D URB.t.S ~EVELOPMENT
COM"".UNITY DEVf:LOPMENT 6LOCI( GRANT PROGRAM
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the ;Iork covered by -;.;!is Contract
pcrtaina is being assisted by the United States of ~erica and the
following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assist-
ance.
2. JommroH WAGE RATES FOR LAllQRERS !lID jo\ECHAllICS
All laborers and mechanics employed upon the work ccvered by this
Contract shall be paid unconditiona:l1y and not less often tha."l once
each week, and without subsequent deducticn or rebate on a..'"lY account
(except such payroll deductions as arc made =c.e.tory by law and such
other pay:roll deductions as are permitted by the applica'!lle regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti-Kickback Act hereinafter ic.entified), the
full amount due at time of p~'IIlent cOI:lputed at wage rates not less
tha.."l those ccntained in the wage determination decision of said
Sec=etary of Labor (a copy of which is attached and herein incorporated
by ~ference), regardless of a.."lY contractual relationship 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 in cash, 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 puxpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis-Bacon Act on behalf of laborers or mechcnics are
considered wages paid to such laborers or mechanics, subject to the
provisions of Section S.S(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contribu-
tions made or costs incurred for more than a we~kly period under plans,
funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such ,,'eekly
period.
). UlIDERPAYME:NTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by a:ny
subcontractor to laborers or mechanics e~loyed by the Ccntractor 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 afford-
ed i~ under this Contract shall with.~old from the Cont=actor, out of
any"pa;yriIimts due 'the; Contractor, 110 much thereof as the Local Publi~, -.""!,
.... r.
Page I of 13 Pa~es
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Resolution Number
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A/;€T1CY or Public Eody may consider' necessllr'J to pay such 1a.borers or
mechanics the full amount of wages required by this' Contract. The
amo~~t so wit~leld may be disbursed by the Local Public Agency or
Public Eody, for and on accc~t of the Contractor or the subcontractor
(as nay be appropriate), to the respective laborers or mechanics to
;;ho;:;. the sawe is due or on their behalf to p1a..'1s, funds, or programs
for ~'1y type of fringe benefit prescribed in the applicable wage
deter:Jination.
4. )]fl'ICIPATED COSTS OF FRINGE llENEFITS
If the Contractor does not make pa~'Dents to a trustee or other
third person, he ~y consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
frir..ge benefits under a plan or program of a type expressly listed in
the wage detel."illination decision of the Secretary of Labor which is a
part of this Cont:::-act: Provided, however, the Secretary of Labor has
f01:..'1d, upon the written request of the Contractor, that the applicable
sta..c:c.a.rds of the Davis-llacon Act have been met. The Secretary of Labor
I:laY require the Contractor to set aside in a separate account assets
for the meeting of obligations u."lder the plan or program. A copy of
any fir.dings made by the Secretary of Labor in respect to fringe benefits
be~g ?rovided by the Contractor must be submitted to the Local Public
Age~cy or Public Body with the first payroll filed by the 'Contractor
su~se~~ent to receipt of the findings.
5. c'''~mE CQ?'ll",",iiSATION RE~UIRED :BY COllTRACT WORK HOURS AND SAFEl'Y
S:-;.!;])AR])S ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
J32)
(a) Overtime requirements. No Contractor or subcontractor '
oont::.-acti...'1g for any part of the Contract work which may require or
in,.ol....e the employment of laborers or mechanics, including watcbmen
a.,a. 5'=-s--:ls, 81>.2.11 require or permit any laborer or mechanic in any
\Co::-:::-....eet: in \Chich he is employed on such work to work in excess of ,8
r..o-=s i..."l a.v calendar day or in excess of 40 hours in such work 'Week
~less s~ch laborer or mechanic receives compensation at a rate not
less tr~. one and one-half times his basic rate of pay for all hours
\,'or::ec. i..., excess of 8 hours in any calendar day or in excess of 40 hours
~ S'.l.ch work week, as the case may be.
(b) Violation: 1iabilit for un aid WaReS liouidated m s.
In -::i:e event of eny violatic:J. of the clause set forth in paragraph a),
the Cc~tractor and any subcontractor responsible therefor shall be
lia~ce to any affected employee for his unpaid wages. In addition,
sue!; Contractor and subcontrCictor shall be liable to the United States
for li:;.uidated d=~s. Such liquidated daJnaees shall be oomputed with
respect to each individual laborer or mechanic employed in vjo1ations
of the clause !let forth in paragraph (a), in the SUlD of $10 for each
calendar day on which such eup10yee was required or,pennitted' to wo,,:~
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Hue..DID (2.76)
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Resolution Number'
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in exces:) of 8 hours or i..Tl. excess of the sta.Ylcard work-..:eek of 40 ccurc
without payment of -tl~o3 o'!o3rtbie wages ro3<;.ui:::o3d by the cl2.1.::::o3 set forth
in paragaph (a).
(c) \-lithholdin.<:; for liquidated daIIlaP.'es. ~'he Local Public Agency
or Public Body shall withhold or cause to be withheld, fro~ any moneys
payable on acco\l."1.t of \;ork perfo=ed by the Contractor or subcontractor,
such sums as may administratively be dete~ed to be necessar~ to
, satisfy any liabilities of such Contractor or subcontractor for liq,ui-
dated da...~s as provided in the clause set forth in para.oorraph (b).
(d) Subcontracts. ~he Contractor shall insert in any subcontracts
the clauses set forth i.."1. paragraphs (a), (b), and (c) of this Section
and also a clause requiring the subcon~ractors to include these clauses
in ~~ lower tier subcontracts which they cay enter into, together with
a clause requiring this insertion in any ~~her subcontracts that cay ,
.in turn be Dade.
6. 'El-iPLOYI-iEt'.'T OF APPREllTICESjTP.AJm:ES
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a. Apurentices will be permitted to work at less than the prede-
termined rate for the work they performed when they are e!!l-
p10yed and individually regi.stered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Hanpower Ad!!Iinistration, Buxeau of .i,.pprenticeship and Training,
or with a State Apprenticeship Agency recognized by the B-J-reau,
or if a person is employed, in his first 90 days of proba ~ionary
employment as 2.-'1. apprentice' in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Buxeau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen in ~~ craft classi-
fication shall not be greater than the ratio pe=itted to the
contractor as to his entire work force under the registered
program. kny er:ployee listed on a payroll at an apprentice
wae,'"'C rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise e::~lo:red
as stated a'!Jove, shall be paid the wage rate deteroined OJ- the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be requi:::ed to
Pace 3 of 13 Pages
IIUD-.aIQ (2.7~1
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fl~ish to the contractL~g officer or a representative of the
\-rage-Hour Division of the U. S. DepartJ:lent of Labor written
evidence of the registration of his program a..'1d apprentices as
well as the appropriate ratios and wage rates (expressed in
percentages of the journeyman hourly rates), for the area of
conotruction prior to using any apprentices en the contract
work. The wage rate paid apprentices shall be not less than
the appropriate percentage of the journeyman's rate contained
in the applicable wage determination.-
b. Trainees. Ex:cept as provided in 29 CFR 5.15 trainees will not
be per.nitted to work at less than the predete~ined rate for
the work performed uruess they are emp10j-ed puxsuant to and
uldividually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, ~lanpower Administration, Bureau of Appren-
tice and Trainillg. The ratio of trainees to journeymen shall
not be greater than peJ:'!!li.tted under the plan approved py the
Bureau of Apprenticeship a.~d Trainulg. Every trainee must be
paid at not less than the rate specified in the approved pro-
gr= for his level of progress. Any employee listed on the
p~oll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprent1ce-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to fu:rnish the contracting officer or a repre-
scnt1!.tive of the Wage-Hour Division of the U. S. Department of '
Labor written evidence of the certification of his program~
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship a."ld Training withdraws approval of a trai!l-
ing program, the contractor will no longer be permitted to-
utilize trainees at less than the applicable predetermined'
rate for the work performed until an acceptable program is
approved.
c. Eoua1 Employment Onnortuhity. The utilization of apprentices,
trainees and journe;ymen under this part shall be in conforwity
with the equal cmp10Yl!ent opportunity requirements of Executive
Order 11246, as =ended, and 29 CFR Part )0.
Page 4 ,.r 13 Pages
HUD.,'D1D 12.76)
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Resolution Number'
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7. El'u>LOll'lE:'!iT OF CERTATIl PB!lSONS PROHIBITED
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I{o parson under the age of sixteen years and no ::;;;;:scn' who, at the
time, iH serving sentence III a penal or correctional ~stitution ~ha11
be employed on the work covered by this Contract.
8. REGULATIONS PlJRSUAm TO SO-CALLED IIjSrI-KICKBACK .I"C1:"
The Contractor shall comply with the applicable reg-..1l.ations (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 U.S.C., Section 874: and Title 40 U.S.C., Section 276c),
and a:ny amendments or modifications thereof, shall ca'..1.se appropriate
provisions to be inse~ted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be resj:onsible for the
submission of affidavits required by subCOntractors the=eunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptio:t:ls fro:i! the require-
ments thereof".
9. El-IPLOYHENT OF klJ30RERS OR l-lECHA1'ICS nOT LISTED Hi AtCfu..""'SAID wAGE
DEl'EIll1I..lo[ATION DECISION ~
JJJY cla3s of laborers or mechanics \/hich is not listed in the wage
dc-::e=ination and which is to be employed under the CO:1tract will be
classified or reclassified conformably to the wage deterraL"lation 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 Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
pa.-ties cannot,agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be ,..sed, the question
acco=zrpanied by the recommendation of the Local Public J.gency or Public
30dy shall be refe=ed, through the Secretary of HousiP.g and Urban
Development, to the Secretary of Labor for final dete~ation.
10. FImiGE BEUEFITS 110T EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the
:::inimum w~ rate prescribed in the Contract for a class of laborers or
mecha!'1ics includes a fringe benefit which is 110t expressed as an hourly
wage rate and the 'Contractor is obligated to pay cash equivalent of sueh
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 reco:ill!lendation
of the Local Public Agency or Public Body, shall be referred, throug.l-t
the Secretary of Housing and Urban Development, to the Secretary of
Labor for determination.
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n. POSTn~G WJ"GE DEr.E?~,rr:::J"TIml DECISIONS tJ-ID AUTHORIZED WJ.GE D::.::DUCTIOI!S
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The applicable ~age poster of the SecretarJ of Labor, United States
Department of Labor, and the applicable wao-c detercination decisions of
said SecretarJ of Labor with respect to tr.e various c1assificaticn of
laborers and mechanics e!:lp10yed. and to be employed upon, the work covered
by this Contract, and a statement showing all deductions, if a:n:y, in
accordance with the provisions of this Contract, to be made fro~ wages
actually earned by persons so eI:lployed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous poi..."1ts at the site
of the work.
12. COHPLAIliTS, PROCEEDTI:GS, OR TESTTI10NY :BY DrPLOYEES
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 Bla.nner discriminated against by the Contractor or a:n:y
subcontractor because such employee 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 re1atiP.g to the labor standards appli-
cable under this Contract to his employer. -
13. CLAIMS,AND DISPUTES PERTAINING TO WAGE RATES
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Claims ?Jld disputes pertaining to wage rates or to classifica~ions
of laborers and mechanics employed upon the work covered by this Contract
shall be promptly reported by the Contractor in writing to the J..ocal
Public Agency or Public Body for referral by the latter thxough the
Secretary of Housing and Urb~"1 Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto.
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14. Q,UESTIOifS CONCElUlTh'G CERTAlli FEDERAL STATUTES AIm RmULATIOUS
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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 and Safety Sta.'1dards Act, (c) the aforesaid
Davis-Bacon Act, (d) the regulations i$sued by the Secretary of Labor,
United States Department of Labor, pursuant to said Acts, or (e) the
labor st~"1dards provisions of any 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 Secretar,y's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract,
15. PAYROLLS AIlD MSIC PAYROLL RECORDS OF COilTRACTOR AIlD SUJ3CONT1UCTOP,S
TJle Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
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HUD-'OIO f2-76)
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fuxniahed b~r the Local Public Agency or Public Body. ~he Contractor
shall lluboi t weekly to the Local Public J,c;ency or Public Body two
certified co~ies of all payrolls of the Contractor ~d of the subcon-
tractors, it-being ~~~eratood tllat the Contractor aha1l be responsible
for the subJ:lission of copies of payrolls of all su::contractors. Eacli
such payroll shall contain the "Weekly Statement of Co~pliance" set
forth ill Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls a.~d basio pa~rroll records of the Ccntractor and e<,ch subcon-
tractor coverL"lg all laborers and mechanics employed upon the work
covered by this CO:ltract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic pa~oll records shall contaL~ the name a..'1d address of each
such employee, his co=ect 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 n=ber of hours "/orked,
deductions made, and <,_ctual wages paid, In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29,
Ccde of Federal Regulations, that the wages of any laborer or mechanic
:nclude the amou.~t of a..~y costs reasonably anticipated in providing
benef'its under a plan or program described in Section 1(b){2){B) of' the
Da...-is-Bacon Act, the Contractor or subcontractor shal11!lB.intain records
\/!l.ich 6ho\l that the co:n:nitment to provide such benefits is enforceable,
tr...at the plan or program is f'inancially responsible, a.~d tp..at the plan
or program !-..as been co=unicated in writir.g to the laborers or mechanics
a~~ected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits, The Contractor and each
s~Jcontractor shall make his employment records with respect to pcrsons
e",ployed by him upon the work covered by this Contract available for
ir..spection by authorized representatives of' the Secretary of Housing and
U::-::an Development, the Local Public Agency or Public Body, and the United
states Department of Labor. Such representatives shall be permitted to
.i::lterview employees of the Contractor or of' any subcontractor during
worki."1g hours on the job.
16. SPEC,udC COvl!i..I{AGE OF CERTAIN TYPES OF WORK BY DiPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Progra:!l to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equip~ent on the site
of the Project or Program to which this Contract pertains by persons
ex;;ployed by the Contractor or by any subcontractor, shall, for the
pu--rposes of this Contract, and without li1:liting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
11. TIlELIGIBLE SUllCOllTRACTORS
, The Contractor shall not subcontract any part of the work covered
by this Contract 6~ permit, subcontracted ,work to be..fur,ther su,bcontract()d
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Resolution Number
without the Loca1 Public Agency's or Public Body's prior written approval
of the subcontri:!.ctor. The Local. Public Agency or Public Body will !~ot
approve any subcontractor fer work covered by this Contract who is at
the t.une ineligible under the provisions of a."lY applicable regulatio!!s
issued by the Secreta-~ of Labor, United States Department of Labor or
the Secretary of Housi.."Ig a.'1.d Urban Development, to receive an award of
such subcontract.
18. PROVISIOIi'S TO :!B INCLUDED m CERTAnr SUBCOllTRACTS
The Contractor shall include or cause to be includ.ed in each
subcontract coveri."'lg any of the work covered by this Contract, provi-
sions which ?~e consistent with these Federal Labor Sta.'1.dards Provisions
and. also a clause requiring the subcontractors to include such provisions
in a.v lower tier subcontracts which they =y enter into, together with -
a clause requiri..'1.g such insertion in any further subcontracts that 'Oc:y
in turn be made.
19. R.'tEACH OF FOREGOING FEDER.o\.L L.4.BOR STA...1IDAP.DS PROVISIONS
L'1. addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local Public J..gency ol.' Pu'blic Body
reserves the righ1; to tercinate this Contract if the Contractor or any
su;,con~:::actor whose subcontract covers any of the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards Provisions, may also be grounds
for deba:rment as provided by the applicable regulations issued by the
Secreta..-y of Labor, United States Department of Labor.
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Resolution Number'
HUD-'OIO.1
(2.76)
A TTACH'I[~T TO ITDER \L LABOR ST A='<IlAROS PROVISIONS
SO-CALLED uA:\TI.KICKO<\CK AIT' ASO REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITED STATES OEPARTMElliT OF LAOOR
TITLE 18, U.S.C.. seclion 874
(Replaces seclion I of Ihe Acl of Juno 13, 1934 (48 Slal, 948, 40 U,S,C..
sec. 276b\ pUlSuanllo Ihe Acl of Juno 25, 1948.62 Slat, 862)
KICKBACKS FRO~I PUBLIC WORKS EMPLOYEES
\\ Ilu.,\",. II) CurN'_ inlimirldtion. or 1I.rr.a1 of ilf,u:llrini: di~mis.:..ll (rolll em(llo)ment. or by au) otlltr mann~ wh.lso.
.,..r indur,... an)"IIt'r:oQR rml'lo~.-d in the fons-Irlll hun.I'W'1'culion. coml':eti,Ul or ft"pair or dny (IuLhc building. public work.
or hUlldilll;or ,,"ork (in.amf'd in ""I.olt' or in part by loall~fJr p',IRI" from th~ l"nitc:d Stlltes. to giH' up an)' part oBhe' rom-
IJrn...atiun to "hiILh I..... i!lo Mltlll..d IIndn' Ilis; ('onlro3d uf 1"11)1110) menl. ..hall Lc fin"d nut more th..n S:;.OOO or impnfOned not
ffttlrr 11I..n (he ) ear;, nrbolh..
Sr.cnON Z Of THE ACT OF IUNE 13, 1934, AS A.'fENDED (48 Stal. 948, 62 SI3t. 862,
635"1.108, n Stal, 967. 40 U5.C....c. 276c)
.
TIll" ~,'rn"ldr') uf tal"" dlOilll mal..4" n ~lnaMr 1I'~uloltWI1' fot rontuch'rol and ~ubcontra('lor& cngag..d in thC' C'on5truclion.
l"l_'C'..:tiun. n1I11J.I,.tinn 1If' ,.rl)..ir fir 1'"1,hL l)llildlll~",I.uMic '"'ort.... or II1Iil,!il'l;~ or ....orko; flR'I1~J in wholl' or in part by loanl
"r ~"""'~:I> rl'...1I1 tJ,,,, l'nilC"tl ="..hs." I"'lllldjll~ a rro\i"lulI th... f'adl contl'''llur ami ~IILcontrolclor ~hd.1I rurni"l. ,,'rrk'" aslatcmcnt
,-ith "'~JK",I tn 1111' \o.iilge:s plud r..rh rmr1u)cC' durin; Ihl' pn'cedlRg "'crl.. $C'llion 1001 uCTillt> 18 (l"nitrd ~tatcsCodf') shall
apJ'l~ to ~urh sl..lrmcnU.
...xxx---
Pur!ouant to the .afvn-foaid Anli-Kicf..lNck Ad, the Stfrttary of Lawr, rnite-d States Drpartmrnl of I...bor. hu promut-
t:atrd the r...gulalions hcre:in.Ct<er qt forth, "hich rf'gulalions are found in Tille 29, ~ulllide A, Code: of Federal Rf'guJations.
Pa.'13. The t<erm "this part.'" .alt u~d in the rf'I;UI..lioR:!' It..r..inaller!'oCt (orth, re-f~r'to Part. 3laf.t aho"e mrnliontd. Said rrC~
ulalinn.. ur a:ll fullows:
TITLE 29 - LABOR
Sublitle ^ - Office of Ihe Secrelary of labor
PART 3-COl'oTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDll-lG OR PUBLIC WORK fIN^,~CED IN
WHOLE OR IN PART BY !-OA."S OR GRANTS FROM TIlE \mITED STATES
Section 3.1 Purpose and scope.
Tloi.- l'oIrt II1"l::olfr.bn. .'.nti-liclr.batk" l'1'r;t.IJati('lnc. ullder ~ction 2 of tht ~C't of JURe 13, I1J3.J, a~ ,Inl ndt"d (-SO US.C.
~-:'Jt'J f"')I,ularl) known &:10 the' Copf'land Act. Thi.. rout apllhr!o 10 an) C'Olltral"t "hi,.h IS ~ul~cC't to J-'(.d. ral 'W'~ !oundards
and ....!.if" i.. for the c:onstrurtinll. pro1'C'culion. C'umr1t'hon, nr ,..p.ir 01 pllhhl builJings, public ",ur~" or IUllldinp or worL!>
fin.i:lC'e.t In "llUle (II' in part. II)" 101on.. or "ani:; rruln the Lnil~d Stale-&. Thr '.1011 \fi;n\cnded \n .id in 111t' C'nfortcmtnlOf the
nuntmum """p: l'I'O,;..ion50 of the- 08\;,.0."on .\rl and the \utOuu1alulC'!o d~allll~ "Ith F('dN'dllr.,)~Hrd f't.lnitruflian Ih..t
C"LlI.lai.. wmil.... minimum ",a~ rrO\;~ilon<;. indlltling th('l2ol' I'rn\i..ion$ "hidl..rf' nlJl,,"IJjrc-l tu Ht"lll'~.onll"..hIJIII'lan :\0. 14
Page 9 of 13 Pages
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(t'.:;..II1.: CA.II..,;c Ilnu"Iing ,\... or 19:iO. tile' fl.d..r;,,1 \\'.lrr ."llllllioll CIIlIlrul ~lt.llInd ,hI" lIou!:illo .~..t of 19:;9). ""1.1111 Ih.-
.n(nr,-crnf'lI! or ll.~ o\ertime Ilfo\;..ionltu( the Cc.t1trart WorL Iluu,.. ~1.II:d.l:'fi~ .4.rl ...hrnever dll':r a,,. IlIr5.1..".Llc 10 f'JIO'lflll.i.,n
,",orL. 'lu'I,:arl 11"1...1:. the oMitalion lOr conlnrton. ...nrl.llbcolltr..rICl.... rd.lti.""tn the ""('If"Lty "1I1.rui..,.inn of clllt('rn"lIr~ r..~.IfIJ
ill:; the "'.J:l"$I,..id un \onrk round tht'n'b): ~h (onllllle circun~lallr"" .nd l'!'oce-durupJ\ernin: IIle h1..l..inlJu( I.a~ ,..Ii .1,..
dut:lion:s fWIII Ilu: wagc:!.CJr IhofC ClIlplo)cd on IIollell ,",orL; and dt;'JUlt:tllclIlhc mttllodio of poI,.mcflt 11crnli,"IMc un :lour" "'.u....
Section 3.2 Definitions.
I
As uk'd in the r"r.ul.-.iuns in Ihis IJart:
(it) l'llc Iruns uLuil<!lIIg" or "work" generally include eo"ltrudi'ln arlh.it). u c!i..tinguiltht'd Irom trll.nulaclllring.
rumishing of m.lr:rla'.., ur k'niein; and maintenance ",ork. The turns mclude', withuut limitalion, buildlRP' Ftruclurl'!!', and
in1I,rOVemr:nlo;.o(.n I)I~., fuch.s bridgel', dams. planls, hi:;h"':I).s, park",." Ii, streils, fubwa,.., tunne-li, s,e_rrs, maint. rlj"','r.
lin..,., pUIIII,ing ftaliun:r-. r.aI"'II)'", airporU, lermin.ls, dock., piers, ",hanu, "".).s.lighthou:!t5, bllo)'s.jrllie.s, hrr."',..t,.r".
I..,('f'''- and ,.;III..r...; drt'dgmg. FhQring. fcaUolding, drilling. b1asling. exra,'ating. clearing, .nd landsC8I,ing. Unlc.. OJlIIlUCll,d in
Mnnccllon _ilh lind .lllhe site of tueh a buildinz or work as i& desc:rlhfod in the foresoin;: sentenrt:, Ihe molnur.clurc or f'lrnith-
ing of m,t"ria'... arliclee, l'ul'plirs. QI' aluipmf'nt (whether or nol a Fed",,1 or 5tate agency a~uire' lillc tu weh malITia)".
artic1es, "UI'I,lico,", or rlluil"nent during tile course of the manur.dure ur furnishing. or owns the malcri.I'li Irom whu"'h II,..", arc
Ino1Rllfa.::tu....d or runli...hcd) i" not a "building" or "work" within tlu' meaning of the rcg-..lation:i in this pari.
(L) Thf!: It'IRlS "c..mzotruclion:' 'tpm'ltcllliun," "conll,leaion,"or "rcll.ir" mean .IIIY~5 of wOIL done on a Ilutirular
Luildillg or _'C'rk at the tile thereof. illrlllding. ",ithoullimitllion, altering,remodtoling, IlaiRlin;: and dtoootatillg.tbll' trantJ,ntt.
ill:; of PI..lrri.l" and foul'I,Jic.'llo Or from Ibe building or ",ark by Ille l'mr1u) ces oC the cOllfolruclioR runlrollctor or cOlbtrucliun
l'ubrnntri1dor, and the nUlI\u(aetunng or (..nlithing of matt'ri..I$, utides, 1-III'I)lics. or equipmcnt on du,' site of tile build ill&; or
_ark. by pc none t'ml,lo)'f'd at the site I,)' the contrailor or liubcolltr.clor.
(e) Tht' t..nn5 "public huildi"," or "pl1Mir work" include building or work for ",IIOW' eon:fttllclion, protoCeulion, enrn.
..ktion, or rrf'.ir, ,n .'('fine") aLou, a "'l'der,1I ;&j;CIIC'). ioli. contrarling pul)', r,'c"rdle..so( whf'tb,., title Ihrrrof is ill . r,'drro1l
"Fney.
(d) l'hl' trrm "building or wurk filUtnccd in whole or in p.rt by loans. or grant'llrom .he l'ltit,.d Sh,lcs" includ"ilI huiM.
ine:; tor ""'Grit for "IIII~ C"Un~hllction, ptoW'rlllion, completion, C'r ril"pair..$ ddincd .ahu\e, Pit) Plf'nt ur poUt p") Inl'nl h. lIIadr
dirworll)' or illdircr(1)' frolll fUllds 11ro,id"tl b) Inan50r gants b)' ill rrdcral ~I'nc)'. The trrm doo not include building or ,""ore..
lor" hich "'cdl"r.l ..~..il't~nre i.. limited '-01f'1)' 10 luan guaranll'l'S or insllran<<.
(r) r.'f:fY per!lflll raid b)' ill conlrat"tor or suLrontraclur in an)' manner for bit labor inthr t"OR..truclion, profoCt"ulinn,
Ct',mplction, or rri'.:iir of . public buiMinG or IIIIMie ",ark or building or tlI:orL linanred in ",.hult IIr in part hy loallsor p-anh.
fl'C.lr.1thc l'nill"d Slatc, i30 "cmIJIo)'cd".nd rrcci\ing "w~CIl,"regardl"fSol All)' contTlctual n:lation!.hip allCCed 10 ui=II,..I"'''l'n
him md the re-al em(lln)t:r.
(r) The le-rm "'11)' arrilialt:d pen.on'" intludes a t:po'lUSC. child. [I.,rlll, or othu doqo- rrlati"e of I he contractor or fuh.
C'ont.ral'tor;. partner or of(iC'f'r of till: conlrarlnr or ~uLoonITlctur:. c:n'l'Cllilltiun cbel)' connedl"d '" ith the contractor or
I=uhcontr.ctor b patcnl, I-ub..idiary or othcI"'o>i.c. and an offi<<r or oI~cnllJI f,lIcb corporation.
I
(d The te'rrn "Frderal aune)'" means tht" United St.lall~ Oistricl of Culumbia1and.1I u.eeuti..e departments. in-
drpendcnt t'l'l..l.li=-hnlrnt'. .dmilli5trali,e ",rndcs, and infltrumenlalilir. 01 Ihl' (;nit~d Stalcos and nr thc OUimc.t of Colunll.ia.
including corlJl'rat1uns, all or tIouLs.lanti..II). all of Ille f.lock of wliirh i:i brill lit'i"U)' o,,"ned b). the l'nitcd SutCI., by Ihe 1>i1'Irirl
of Colunlbia. or an" of the roro'j;Oing dcopo1l1.melll.., to1-Labhfohmcllts. ~encir.., ..Jld i"flrumentalilit<\.
Section 3.3 Wcel..Jy slalement with respect to payment of wages.
(.a) Alii. u..C'd in Ihi!. "ctwn, Ih,. trrm "cIRIJlu)'ee" shall nul alllll" to III ttOnt ill clilWoiriC'alirJn\ hia;htr tban thai 01 I.dlllft r
lIr merhanie "nd Iho..'C ~ ho arc lh.. imPlf'll...le .uprn ili(lrl uf IUfh cn~lllo~ rf'S.
Pace 10 of 13 Pa~c-s
HUD..Ol0.1 (2.76)
Resolution Number
,
(b) I:""h c"vHlrol"t..' ,'rf'1l1...unlr...,t"r en1=:I;::...1 ill 1111" C'on..trlllli,'n. 1"(I....III(ioll. tnnll,!.-t'nn.f" ""I',1lr uf 4U"'I,"J.1ic.
IlIIilollll;'" 1'111.1... "".,:... III IllulJiu;: or "..rL flllJl1t'ul iu "hol.. or 1Il1,.VI !.,. l.,oIn... Dr ~.IIiI~ (n.m II... 1'lIilt J ~t..t""'l"h.lll
fumil"h 'a,l, ",,".1.. a .....!'.m. 1:1 "'illl,....lwllln Ih,' "'''i!''''I'i1i,! (',,\'I, (.II!.~ "1II1,lu~C'''IIl''II~''o"(''d 1111 "cor!.. ,,,,,,'n.d h~ :!') t;J I(
I'MI"l. 3 anrl :; ,Inrill': 11"'1'h''f'dm~ ..c,.I..I~ 1':1:, ,.,IIl-I'ritlll. 1'J.i~ lil.I\I.n""1 .h..1I11C' 1."11:'" utl..1 h~ 11,e' ('..nt'....lflt lit clIl",).1-
h..dll" cor I,)".m ....t\u)""..1 \.(11...".. urC'I1II,III) ,.,' ur tI.,. I Olllfarlor elt ..IIIJ,'lIIlr....lllr ",liD ""I'\'r,i"l":al I!OC I.a~ nl!"1l1 IIf ".1:'.... ;Iud
Iohallltf" "'} r,'un \\"If J In, "~lo1l('III"1I1 ur CoIIII,h,lIlce", or 011 all j.I."ulll:4I1 furlllun du: haLL of\\ II =U7. ..l"...,..rnll (1-',... CUll'
trP.f'h)f~ OrllUll.Ill ....r~ <lr CIII ~m)' form "itfllllclIlil:l1 "nrctiu:;, S,lIn:,I" c(JI,il'fo oC\\ II 317 4ntl \\ II J ;II III"}' I,t> .,ltl.lilllll (rulll
t1... C,,\c'lIIl1C'ul .......lIlr3ltil'ls:: tJr fi.un:.orill:; :l,........f1l"y. and ('ollic-" o( II...... (.Ilm.. mol)" Ill' Ilurt.laol....-d ,lllhe CUU:lnllwlIl ",inti.:;
OrriC'C'.
(e) TI", 1t."t)",rC"I.,rllb ur t1li"$C'dicJII ..11..11 nul "III"l~ 10 .II~' tOlllr~tt Ilr S:!.OOU or 1C''t.lO.
(.1) t'roll :II ... rith'n (jll,lil'~ L) IIIC' hcad u( a red,'ral a:cnt~.. II... ~I'erc:tolr)" o( tAbor m.y I,,(ni.!r. rt'oIOC)llaLlC' IlInil.linll".
uri..liul.... Inlrr;u...:r... ':IIIJ c." 1t1i,tiuu't. (ruin Ihe n"llIirllllclltf. uf Ihi- "I'ctiun ~ul)jt!cllo f.1".h rOlidiliun.;, "..Ihe ScC'r"'arr ur
LII,ul' Ulay "11('('lf)..
1291;'.11. 9:;,Jall. .t. I 961..;b,tnlclld('d ..I JJ r.H. IU)tl6.1111) li,19Gal
Section 3.4 Submi..sion CJf \\'et"kty !<It:'lclUcnl~ :md the IlfC!-er\.lrion and in"l,C'ction or \\"f'Ckt). fl.:J.yroU records.
(01) r...aC"h ~.'.'ll) ..1.rtlm,.1I1 ft1luirrtllluclcr ~ .1.3 ~h.:lllIJl: d..li,rrrd h~ liar cunlrac'lnr \.Ir ~uLrut'lr.I' lor. ",illiin H'\C'n
'!"~5ah{"r dlC' ,,~..I..r r""III' I.t dollr of III, I...\rull ,..'riud. 10 a relltl...nl.lli,c uf a rcdrr..lof Slah....~I.nC') in ~h..l"'.;t. OIl t11\"
..ilr err 111(" Luilt1iUi! .or ",or1... ur~ if tho:re i~ lilt r"I'" :-lll!oIlhl' of a 1"1 d, r.11 ur Sl31e ":;I'nc) al Ihr. ..ilC' of tI.c IlUildill; ur ",..rL.
.~IC' ..1Kh'n1C"ul ,.11.'1111.... m.IIL d L~ 11.1' ('ulllr....Cur or !oUI.lulI'ratlor. billliu ..udl ti.lllr.I".. FC'ctrr31 or 5=lall' OIGe'It.") nmlr.lllill~
f,lt c'r fill.U1I'IU~ ,I.... t~lJI:: ..r,,"urL. .\f.., ,.lIrh I ,.unuloItiC\1I 3ud, hrrL a~ lIIo1~'I,c m:ul.,.,.1II h ;Ialr Inrnt.nr a t.'JII~ 11I1r''f1f.
s.!lail Lr Ltl'. ..".lil..M... tlr oJ',IIII.. .ran!'-lIlillrd 11';1'1111 r ".ilh a reltOrl or ,III) ,iul.lliun. ill accllrd.:mn:,. illt al'IJ1ira.!.,lc IJro('IIJIltI'.
1'r""c(l1111111)' 111\ 1.llilcd ~I.I"'" UC'l~rhnrlll uf I.ahor.
(") r.arh ('nlltUrlur Of foulJLunlr3i.1ur .'I.lIlIIl't'M"n't' J.is ,.,('C'LI~ 1'3~ roll rl'corda rUf a )'criod of 111hoc )l'3h ftt'lnl doll.. ur
n.,nt",.ti,," 01 tltt: 1.unlr.act. 1 tw l"')roU ,..cord.. ,.h3n "r\ out al.cllral("lr alld cnll1(ll. hi)' lhr !lanle ..nd JlfMI'I."1o,"or l.ft('1I 1.,I.nr. r
..1111 nll:cI...mc . Iii.:. <<CUTo.t I t Ia:-ifit ..tilln.131C' of Ilay. d.1il)' ami "cC'LI~ lIU1nl,,'r of !aUIlt'; "1,,L('d. drrJu...iu"'t. QI~III.., and 01. h...1
"'~(".;, ..aid. $u("11 1'.1' roll n:("urda ~h..1I hI" 11I0111(' 3,..il"ItIL' OIl all lilll('s lor in"I,c:clion b) Ihe c:unlradio: nrric:rr ur IiiI' oIl1ll10riz..'d
1't"I,t1"lCC'..loIl",,". and I,) .:t.utll\lri.tC'd I'C"I.rrfl'lll:lli"... ut lllc DI'parlrnl'nl ut Lahar.
Section 3.5 P3)"l'oll deductions permis'\ihle without application to or appro\'al of the Secretary or L,bor.
OfodllrtMlII"i nlact.. uud"f Iln: c:in:ums-I.mrc" or inlhe s.ilu31ions. t1c.;cri1tL"fI in tile' IloII'o1~"I,hft or Ihi:!! setliOIl ma) lu! 1U311e
",it1lOdlal",Iic:..tiulI 10 and arlJl'Oul of Ihe' SetlTl...) of Lallor:
(:I) :\n:!,. deduclion lII~d(" illll'Umr1i.alllC' "ilh IlIc rnluirclnl'lIlc,of r..d..r..I.Sltlle.or lot"allaw. Sourhas "~('dcral or Sl,de
... i11l1MllJi,.C illeUlnC" ..nce. and f('deral fOcialloCcUril) la,cs.
(It) Nl) Jrliudi'JII (,f sum41,",";UII.I) Ilaid lu Ill': L'nll,lo) cr as..a I'UII;I fid\' pn'lla~'lIlrl1l Uf"'ll;;(,'t. "hrll !ouch l'l\"ll.1~ 11I""1
i~ lII..dr ...illlll,,1 di""C'Uunl (If I1Itrl'l.~l. \ "bUlla fid"I.fcl,.)mcnl of "..;rfo" ill. ron~idrrrd 1('1 hnt' Il.....1I Dlad(' ullly ,,111'11 "3..11 or
il.. l.lui\.....I'1113.. 1.'.1'11 3d\,,", cd lu IJW' 1,('r::4lo t'ml'l()~ I.d in :;:UI h llI.m,rt ai tll {:.i,c IMIII con'I,I('c(' frecd,'m of dl"ltO-olliull uf 11M.
all\oIllC"c"4lll1nd'l.
fj
M
1
(C") 'II} .I.II\I\'I;'UII uf ..nlOunbr"l'lir. dl" llItltll.rOI.r>> 10 LC' l...i,llu allollll r.l1l1l....all.crtrc!mllon i; in bUll" ulllu
C'GIII,arl..r. "uh..unt,.lllur 'OJ' .,m,. ,iII.rtlli..h.d r.'loOU. ur '" hen cull'bh.1I\ (Ir (uU..hl>lalmn .",i't.lc...
Page 11 of 13 Pages
".. ~~
,
.,
'"
.-,.'
tlUD.4010,l (2.7.)
.
I
I
L
Resolution Numbe~
-'
(II) :\11)' dr,fueti"ll (,bl~tilulillg a contnbution on hell..l! or the liC'r-on cml,lo,ed to lllnds c!lahlkhrd by III~ ~ml,lo~"r
or r("l.r('~nt..lhc:lli. uf ,.nt()loyl."C~ or Loth, Cur lhe prup.>-< uf provtdlng either frorn l'If'incipal or incomc.lJf buth, medical w
h'I"I,ilal carrol"u.r.iunil' ur allllllititS un retirement. drAth kM'fd,s, cumpen..:&tioll (Ot injuries, iIIne~. ac:cldrnts. f.it.kncss,or
di...,I,ilil,. (It fur inl'Urall[C lu pro,;d~ .iny 01 lbe fOR"I:,'Uing. or unf'lAplo) menl hcm'lits. vacation pay. sa,vinp. accounts. or
!o!ulIl.u lU')nlconbfor II..: hl:nrCll uf ,"rnplu)'ct's.lheir (anlllies. and dcpefldtnl!l: Prodded, hOUlflI't"'. Thai lilt lullowing,tand..rd!'
art' n,..l: (1) Tilt" dL..ludion ~ nut olhcrwi~ prollllutl'd by law; (2) it iscith,'r: (I) Volllntuily ton"cnled 10 by lI,e emplo)cc
in "'"ling. ..11e! in ..d,anc('o! tI""I'l'riod in ...llith the "",ork is to be done and luch consent is not a LOndition either Cor the
ol,taining or or ror the continuation or clllpluynlcnt, or (ii) provided for in a hona fid, collective bargaining a{Vt'emenl hr--
t",rtn the tunlr.dol' or .uhconlractor afld rcp~'C'n~atives or its employea: (3) no profit or Otlltf benefil is. othen.i!lC uLtainrd"
,lirrr.l~ ur indirrttly, lIy tilt' C'Ofltracl.)r ur fllbrOlltractnr or any afriliated penon in the rorm of commi....ioll, divitfend"or
tltb..r"'i....; olIod (4) th,. dC'duC'lions. ..Imll ~"e dll" convrlllencf.: and intem.l or tile f'mplo) te"
(..) An~' d..dut'lion r\mtnbllling. to",ard Ihl'.,urt'haH' or United Slale!!o OcrC'n~ Stamps and Bonds ",hen vuluntarily
aut1"l'ti<<d b) "I" "'''[do)"c...
(f) ~\n)' d..dllt'lion rr.I'....I,..II,~. Ih,. emlllo)('f" 10 ,.nable him to repa) L)anll 10 or 10 purcha!iC' tohart's in crt'dit union.
u....;.U1i~.J and oJler..trd In .al.co,d..llr.r '" ilh ..-('dtral and State credit union !ttdtult'..
,
h=) An~ dl'duc:tiun ,"lu!lt..,ily authorize''' b) lhe cnll1lo)cc Cor Ihe tnal.ing of contributions 10 go\"'rllmenLd 01' qu:asi-
(:u\",nlm"hl.d ..,t.'ncj":!I. "lIel1 ...lhe" ,\ftlrrican Red Crolll.
(II) .\ny d..durlion ".bllllardy '1ItIIUri'-ed by the f'lnlllo)ce ror Ihe moiLing of contribulions 10 CommQnilY Cllew.
1'llIh'.) (;i,..,c Fundfo" .nd sinuliar char;l.ble organizalions.
(i) \:1~' ,ledurliun... 10 I'ay rt'gul.lt Ulliun inilialion rf"eS and mtmbrrsMp dues. nol including fines or cpt-cial asr.cSAllcnls:
P,OIIJ. .1. I:',II,.IN", 1 bolt.. tu!l"'di,e ltargaining a;;rl.'rmrlll between IIle contrarlor or .uhcontr.ctor and tC'pte~nlalhesoC its.
rnll.lo~ """I'oon...idf"s fur FII' II I!..duclionlt and lhe dedlldiuM ate' not OtlIC",," i$(' prohabitf'd hy law.
(;) .s.n~ d,.(lurlilln nut more dllll Cor lbe "rf"a~onahlt: ('o~t" of buard, lodging. or o.'Irr facilities mccljn~ Ihe require-
mrllbof ....rli('01I 3{1II) ur lIu! Fair I.abor Slandoml.. .\ct of 1938,'5 ame-ndt'd,'lld "41'1531 of Ihis tillc. \\!lrn ~uch .deduclion
is mad.. lhr .d4ilinn..1 n.'I:'or.l" '"Juircd Imdtl' ; SI(,.27 (a> of Ihis title shall II!: 10.\'111.
Seelion 3.6 Payroll deduC'tionSlleCluiMibte with the apptova\ or the Secretary or Labor.
A"~' ronlractl.ll' or "uLconlrador may .pply 10 Ihl" Srcrdal)' o( Labor ror pt-rnliMlion to mal..; any drdl1dion not per-
P1iltrd IIndtr i 3..'1. TI1\. ~'I"rI3r~ mOl' ~ant pcnni~on ""I,rnever hr ridds Ihal:
Ca) TIIC" I'Olllraclor. ",uLrolllrartnr. or any affih..".d l>>etliOn doe.. nut mak.. . III'Onl or L,.n,.l'il direrll)' or indirrclly Crom
th~ drduclinn rilh..r in Ih,. rtlrm tiC a ctlmmi>>ion.divillc:nd, or olhrrwise:
(h) Th.. dt'dlldiun i.. 1,.,1 olhrrwisc prohibiled hy law:
(,.) The' 4!rdul.ti'lII i.. filhrr (t) \oluntoU'ily confof'nlcd to by lhe employee in ",riling and in adv..nc,' or Ihf: 1tt'liod in .. hich
thr ,,"url.. i:;. tt.' 1,,. dnllt" and .Ut h cOIl....nl is nut a condition ",ilher ror the ohtaining: lIf rIPI,lu) mrnl or illio rontinuanN:. or (2)
pro,i,lt.d rur in .. bun.. lid,. cullcdi\r barg..illing agrrrnlcnlllcl"'Ct'n Ihe- conlrartur lIr trllbronlr.clnr and n'I'rrl'f'lItali,n.or il....
t'mptll~ t'eo-: an,1
Cd) Tht'd..dudiulI <1\c..II,r rIOIl\..n","CC and inlrrt."ll of lhe emplo)ee.
Page 12 of 13 Pages
HUO.4010.1 (1.7<)
. ~. .-.
.
, ,
Resolution Number'
,~
.
~cri('ln 3.7 ,\pplic:lliun.. f'lt tlH:' :1JlI)W\.I1 or (hc Secrct:lf)' 01 L.::lhnr.
All)' :li.I'Ii..... iOln (,I, tlu. m..1..ill~ nll'oi)rnU ,!,"t!ucli'III" IInd,', ~ 3,(. ~!1.I11 C"JlIll,r) "ill. lh,' ,. ql.ir"IIi' 1l1"1"".uil...1 illlh_
rullll"in:; I...ra~otl.hil' uf ,hi.. .,.,Ii,...:
(a) The oiIl.I.li....tiulI =-h..IIIOf' ill "rllill~.:JI.J ..11.111 'II~ .IIMrrur,llu 11:0.' !='c:crt'I:aI) ur 1..3I,or.
(h) Tlar.'I'I,lic..tiun ~h~!I idclI..r~ 1111' f'1.tIItracl \It (''''llIt,ILI,; 111111. r ,.I.irb 1I1l:' "..rk illllUC:l'liou ;,,1. tv I,l" rl.d'lran..." J'rr.
lniNaion "ill be Gi~C'n (.n' d,'Juc.tion.:;.onl~ on "lllliflc.IJrllllhcd conlr.1(I.., l."'\Iq1t u('Una ~h,nl inloC c:,\ccI1lic,".tl Cirtlllll..lollU,'':'.
(r) Tht' 1t1.1.1:....atioR ,,',0111 ~latC' allillllat.iu'l) (bat t111~n: ij: cOlllpli..:.rr "ilh Ihe ~1.udolr.l.. I' J forll. in die Ilro\iil'lull~ of
i 3.6. "hc artiuna1iuII ..h.JlIl"" :,ccolnp3I1i,'d II)' a full !l.laICII1f'1I1 of Ih~' rolrC' indiralinG ;;.uth tOnll,li,lII('r.
(d) TIlt"'I'l'liC'llliulI "h,,1I include a .Ir~ril'lion of Ihe rrol,o"I'd dllhnli,,", the I,nrllll"," 1u Lr ..crud Illcrth)". .11" 1hr
cI"~1l nf1alwtlf"n; ur fIIC'challi~,. froll1 ...llo!'c 'u~cs; Iht l,ropnH'd JcduLtlll1I ,",uuld loe: lI101dc.
(e-) Tile al'l,liC'..atitlR tll.d1 ~:lt"1hC' 1I.1n1t" and Lu..int'ti ur all)' thirllI','r-.ull10 ",hom oIl1~' fUlld.. (,I.I";"r.1 fro," tl.r lotO.
pol'C'd d,"duc1iolls :lr" to II': t-.IIISt"iu'C'd aud lIu' ;Jrrllii1ti~1I ur "Ut II pl'r~n. if :IllY. ",,'illl 1I1t" 3111.1itolnl.
Section 3.8 Action t)y th~ Secrel~ry o( Labor upon ~pp1icaliol1s.
Thl' St4.u'IUY of I.ll.Lor ..Imn drlid,. ""hrlhrr or IIC." the rC"llur!.ltd J,.dllclion i.o:. IKTlni...iMc I"ldcr loro\isitlulloor i 3.(,;
.nd shallnolify aile' OiI'I,liC'"nt in ""1ing t,r hi, clf'f'i..ion.
.
Section 3.9 ProhibitN l,ayroU deductions.
lkdudiulI!- '10' 4.1q:\Ohcrc l'ro,id.,.1 ftlt L~' dlisl,,:U111ll3 whie!. Itc.: lIul Cound to hr IlCrllli~iblr und.:r 13.6 arc I,rut.iloi't-d.
Seclion 3.10 Mclhodsor poymenl OrWO&05,
TIlr l'-1Iymc.'nt of wat!Cs =-11.11111: 1,)' C':I~hl IIr~oh3blC' ins.lrUlllf'lIlfii r3~ .ILl.. 011 d~mand. en Illc ddditinnll.1 Curnu.,'C COUlI'C'IIQ.
,ion for "llid. .It',!ucliOlls.arc frtmio;..i!.lr IlIldt'r this I,arl. Xo ollll.r 1I,,'llludc.or ItaYllu:nls.ll...lI h... r~cu;'l,i,...d 011 "urli. fuhjtrl
to tile Collcbnd Act.
Section 3.11 Re-gulation"i part of contract.
All contr.af'ls malte willi 11"510<<1 to the eUIl,lruclion.11tUsct.'ulilJl1. C"Ulnllltliou. or fr'I....ir or an~. rllMic bnildill~ or loublir.
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Page 13 or 13 Pages
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Resolution Number .
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1 authorized, on the dates set forth opposite their respective signatures.
CITY OF SEAL BEACH
BY~/-
COUNTY OF ORANGE
By
Chairman of its Board of Supervisors
of Orange County, California
13
JUNE ALEXANDER
14 Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
By O~"rU- R 7 ~-.-tvVMJ
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7. All lifeug?rds and other rescue personnel of CITY, who shall be called I
on duty at any such emergency, shall be under the control and supervision of the indi- I
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vidual in charge where such ,emergency occurs; the above individual being expressly under-!
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Resolution Number
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stood as the Chief Lifeguard, public official, city employee or County employee who has
jurisdiction and responsibility over the immediate area where the emergency exists.
8,
All personnel of the CITY while on emergency duty ,hereunder, and whIle
going to and returning from t~e scene of such emergency, shall be deemed to remain the
employee of the CITY; ~nd any State personnel furnished for an emergency on any beach
at which the CITY furnishes lifeguard service hereunder shall likewise be deemed to
remain a State employee.
9. If, within the CITY's qualified personnel, there are lifeguards equipped
12 with and trained to use Self-Contained Underwater Breathing Apparatus (SCUBA), such
13 personnel shall be made available to serve, to the extent reasonable permitted by their
14 capabilities, traIning, experience and equipment as determined by the Chief Lifeguard of
15 CITY, in an Orange County underwater rescue team coordinated and called into duty by
16 the Orange County Sheriff-Corone~ Department, Harbor Patrol Bureau Commander,
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10, CITY will, no later than July 16, 1980, submit to COUNTY's Director,
18 Environmental Management Agency, or designee thereof, an accounting of CITY's expense
19 in providing lIfeguard service for Fiscal Year 1979-80.
11. If, as descirbed in clause 10 herein, CITY's approved budget allocation
exceeds actual expenditures for CITY's lifeguard services program. COUNTY shall reduce
financIal assistance s~bsidy by the same percent; COUNTY shall bill CITY for subsidy
paid in excess and, CITY will remit to COUNTY said excess as billed.
IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the
Chairman of the Board of Supervisors and attested by its Clerk, and CITY has caused this
Agreement to be executed by its Mayor, and attested by its Clerk, all thereunto duly
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1 maintain and provide an on-going training program, satisfactory completion of which
2 shall be mandatory for all lifeguards employed by CITY. For the purposes of this agr~e-
3 ment, training and qualification of lifeguard personnel shall comply with United States
Surf Lifesaving Association standards. CITY further agrees to provide adequate super-
visory personnel at all times, it being the intent of the parties that lifeguard service
of high quality and standards shall be available at all times.
3. COUNTY hereby designates the Director, Environmental Management Agency
as its liaison officer for the purposes of the administration of this Agreement. CITY
shall file monthly with such liaison officer a complete written report of its activities
and services rendered pursuant to and und~r this Agreement.
4. COUNTY, in consideration of the performance by CITY as in this Agreement
provided, does hereby appropriate and agree to pay to CITY the sum of Twenty-One
Thousand Four Hundred Eighty-Nine Dollars 00/100, payment to be made on the dates and
installments as follows:
November 1, 1979
February 1, 1980
May 31, 1980
$10,745.00
$ 5,372.00
$ 5,372.00
5. It is further agreed that CITY will respond with qualified personnel
anywhere within the County of Orange to the extent there are qualified personnel
available which the Chief Lifeguard of the CITY, or his subordinate then on duty,
determines are not immediately needed within the CITY when, in the opinion of the Orange
County Sheriff-Coron~r Department, Harbor Patrol Bureau Commander, an emergency exists
23 which warrants additional assistance heyond the ahility af anyone jurisdiction to
24 provide.
25 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify
26 the Orange County Sheriff-Coroner Department, Harbor Patrol Bureau Commander, in the
27 event of sea rescue or aircraft emergencies so that other City, District, County, or
28 State 'rescue units may be alerted and coordinated for standby or assistance.
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^ G R E E MEN T
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THIS AGREEMENT is made and entered into by and between the COUNTY OF ORANGE,
a body politic and corporate, hereinafter referred to as the "COUNTY", and the CITY OF
SEAL BEACH.a municipal corporation, located within the County of Orange, hereinafter
5 referred to as "CITY". The implementing agency for the COUNTY shall be the Orange
County Environmental Management Agency.
WITNESSETH
1~IEREAS, the CITY is situated on the coastline of the County of Orange, where
many and various persons, not necessarily residents of CITY, but including as well
residents of the COUNTY, all other counties in the State of California, and of other
states and foreign countries, come for relaxation and enjoyment of the beaches in the
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CITY, thereby addi~g to the burden of the CITY and the necessity of ample and sufficient I
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lnfEREAS, the City Council of the CITY has adopted a resolution by a four-fifthsj
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lifeguard service on said beaches; and
vote of all its elected members, making therein the findings required by Sections 25551
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and 25552 of the Government Code of the State of California, a certified copy of which
resolution is attached hereto; and
WHEREAS, the Board of Supervisors of the COUNTY has adopted by a
19 vote of all its members, Resolution No.
dated
making the
findings required by Section 25553 of the Government Code;
NOW, THEREFORE, it is agreed between the CITY and COUNTY as follows:
1. CITY agrees to provide lifeguard services during July, August, September,
and June of the 1979-80 fiscal year, and at all such time during the remainder of such
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fiscal year as the need for the same may exist, it being expressly understood the CITY
shall respond, with qualified personnel, to emergency calls therein at any time during
such fiscal year,
2. CITY agrees to employ only properly trained and qualified lifeguards and
28 supervisory personnel in the discharge of its obligations under this Agreement, and to