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HomeMy WebLinkAbout09127 ORD - 11/20/19680 VMP:11/20/68 TEXAS: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, R. MARVIN TOWNSEND, TO EXECUTE PROPOSED GRANT CONTRACT FOR CODE ENFORCEMENT PROGRAM, NUMBERED CONTRACT NO. TEX. E -7(G), BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE UNITED STATES OF AMERICA, PERTAINING TO THE PREPARATION OF CODE ENFORCEMENT PROGRAM NO. TEX. E -7, A COPY OF WHICH PROPOSED GRANT CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, AND AUTHORIZING THE CITY MANAGER TO DO SUCH THINGS AS ARE NECESSARY TO CARRY OUT THE AFORE- SAID PROGRAM ON THE PART OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY MANAGER, R. MARVIN TOWNSEND, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE PROPOSED GRANT CONTRACT FOR CODE ENFORCEMENT PROGRAM, NUMBERED CONTRACT NO. TEX. E -7(G), BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS, AND THE UNITED STATES OF AMERICA, PER- TAINING TO THE PREPARATION OF CODE ENFORCEMENT PROGRAM N0. TEX. E -7, A COPY OF WHICH PROPOSED GRANT CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, AND AUTHORIZING THE CITY MANAGER TO DO SUCH THINGS AS ARE NECESSARY TO CARRY OUT THE AFORESAID PROGRAM ON THE PART OF THE CITY OF CORPUS CHRISTI. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID PROPOSED GRANT CONTRACT FOR CODE ENFORCEMENT PROGRAM IN ORDER TO PROVIDE ADEQUATE LOW -PRICE HOUSING IN THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THAY OF NOVEMBER, 1968. ATTEST: /ice ,L� P• ' � C TY SECRETARY &e7711,4 ch.�tPil I ! � �l.X -�i1/' /` AY R APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS AO DAY OF NOVEMBER, 1968: CITY ATTORNEY 9127 • UNITED STATILS OF AMERICS • DEPARTMENT OF HOUSING AND URBAN- DEVELOPMENT Contract No. Tex. E -7(G) Program No. Tex. E -7 GRANT CONTRACT FOR CODE ENFORCEMENT PROGRAM between the CITY OF CORPUS CHRISTI, TEXAS and THE UNITED STATES OF AMERICA PART I THIS AGREEMENT, consisting of this Part I and the Terms and Conditions (Form No. HUD- 3126b, dated 1 -66, as amended and modified hereby) forming Part II hereof (which Parts, together, are herein called the "Contract "), made and entered into on the date hereinbelow specified, by and between the City of Corpus Christi, Texas (herein called the "Grantee ") and the United States of America (herein called the "Government "), WITNESSETH: In consideration of the mutual covenants, promises, and representations contained herein, the parties hereto do agree as follows: SEC. 1. Purpose of Contract. -- The purpose of this Contract is to provide for the extension by the Government to the Grantee of certain Federal financial assistance under Section 117 of Title I of the Housing Act of 1949, as amended by all amendatory Acts (said Title I as so amended being herein sometimes called "Title I "), with respect to the Program described in Section 2 hereof, and to state the terms and conditions upon which such assistance will be extended and the understandings of the parties hereto as to the manner in which they contemplate that the Program will be carried out. SEC. 2. The Program. The Grantee agrees to initiate and carry out a Code Enforcement Program (herein called the "Program "), consisting of concentrated code enforcement activities and the provision of certain public improvements in a certain area or areas (herein called the "Code Enforcement Area "), as described in the Application and approved by the Government. - 1 - SEC. 3. Additional Public Improvements. or to take appropriate step., to assure that thereGwill ebeaprovided, thos�de, additional public improvements needed to assure the stability of the Code EnfOfOement Area, described in the Application and approved by the Government as public improvements to be provided at no cost to the Government under this Contract. SEC. 4. -Code Enforcement Area - -.The Code Enforcement Area is situated in the City of Corpus Christi, County of Nueces, State of Texas, and is described in Exhibit A, attached hereto and made a part hereof by reference. SEC, 5. The Grant. -- The Government will make to the Grantee a grant for the Program in an amount equal to two - thirds ; or of the actual cost less. the Program authorized hereunder,' whichever is leas. SEC. 6. Relocation Grant. -- (a) The Government further agrees to increase the grant otherwise payable to the Grantee pursuant to the provisions of Section 5 hereof in an amount equal to the relocation payments which are made by the Grantee in connection with the Program, in accordance with regulations prescribed by the Government: Provided, That the amount of such increase shall in no event exceed the sum of $37,800.00. (b) The Grantee agrees to make relocation payments to individuals, families, and business concerns in accordance with the relocation payment regulations. (c) Na part of the amount of the relocation payments provided for hereunder shall be included in computing the amount of the grant otherwise payable to the Grantee pursuant to the provisions of Section 5 hereof. SEC. 7. Rehabilitation Grant. -- (a) The Government further agrees to increase the grant payable to the Grantee pursuant to the provisions of Section 5 hereof in an amount equal to the rehabilitation grant payments which are made by the Grantee in connection with the Program in accordance with the provisions of Section 115 of Title I and the rules and procedures established by the Government for the making of such grant payments: Provided, That the amount of such increase shall in no event exceed the sums of $496,500.00. (b) No part of the amount of the rehabilitation grant payments provided for hereunder shall be included in computing the amount of the grant otherwise payable to the Grantee pursuant to the provisions of Section 5 hereof. SEC. 8. sensation to Government for Its Audits and Inspections. -- The Grantee will compensate the Government for its audits and inspections, provided for in Section 103(b) hereof, a fixed fee in the amount of $12,998.00. The fixed fee shall be payable at the time the first requisition for a grant • payment is approved, by the Government deducting the entire amount of the fee from the first grant paydient made to the Grantee: Provided, That, i Program is not commenced after the first grant payment has been made and the Government shall claim repayment of the grant as provided in Section 108(b) hereof, the Grantee shall be entitled to a full setoff of the amount of the fixed fee against the Government's claim, but no part of the fixed fee shall be refundable in any other circumstance: Provided further, That, in the event the approved budget for the Program is increased after payment of the fixed fee, any additional fixed fee payable thereby shall be deducted from the next grant payment made to the Grantee. SEC. 9. Counterparts of the Contract. -- This Contract may be executed in two counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. SEC. 10. Chances Applicable to Part II Hereof. -- The following changes are hereby made in the attached Terms and Conditions designated Part II hereof: A. SEC. 106 is changed to incorporate thq following additional subsections: (c) Certain Contractors Ineligible for Contract Awards. -- The Grantee will not award any contract for work in the Program to any contractor who is, at the time, ineligible, under the provisions of any applicable regulations issued by the Secretary of labor, United States Department of Labor, to receive an award of such contract. (d) Federal labor Standards Provisions. -- Before the Grantee receives bids or proposals for, or otherwise negotiates for, a proposed contract which calls for the performance of any work in the Program which will entail, for such work, the employment by the contractor or his subcontractors of laborers or mechanics, the Grantee will include in the proposed contract documents appropriate wage schedules (including the applicable wage determination decision of the Secretary of labor, United States Department of labor) and the provisions embodied in that document entitled "Federal Labor Standards Provisions," attached hereto and marked HUD -3200 and which is made a part hereof. The schedules, wage determination decision, and other provisions, as included in such proposed contract documents, shall also be included in the contract documents as executed. The Grantee will include in each contract covered by this subsection an appropriate provision requiring the contractor to insert in each of his subcontracts which will entail the employment by such subcontractor of laborers or mechanics, as aforesaid, wage end other provisions which are consistent with such contractor's contract with the Grantee. The Grantee will assist and cooperate actively with the Secretary of Housing and Urban Development and the Secretary of labor in obtaining the compliance of contractors and subcontractors with the aforementioned Federal labor Standards Provisions and with the rules, regulations, and relevant orders of the Secretary of labor and will obtain and furnish to the Secretary of Housing and Urban Development and to the Secretary of labor such information as they may require for the supervision of such compliance. 1 • (e) Special Provisions,Belacing to Architects, Etc. -- • (1) Minimum Salary Rates for Architects Etc. -- Not less than the salaries prevailing in the locality in which the Program is being carried out, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary of Housing and Urban Development, shall be paid to all architects, technical engineers, draftsmen, and technicians who are employed in connection with the Program. (2) Payments to Architects Etc. -- Each architect, technical engineer, draftsman, or technician to whom the foregoing salary provisions are applicable shall be paid unconditionally and not less often than once each month. The full amount which is due any such architect, technical engineer, draftsman, or technician at the time of such payment shall be computed at the applicable salary rate. (3) Compliance with Salary Provisions Regardless of Certain Contraetual Relationships. -- Each contract which is let by the Grantee, calling for work in the Program, shall require compliance with salary provisions with respect to architects, technical engineers, draftsmen, and technicians who are employed thereon by the contractor or by any subcontractors thereunder, which are in accordance with this subsection, regardless of any contractual relationship which may be alleged to exist between such contractor or subcontractor and such architects, technical engineers, draftsmen, or technicians. (4) Underpayments of Salaries. -- In case of underpayment of salaries by any such contractor or by any subcontractor thereunder to architects, technical engineers, draftsmen, or technicians who are employed by him in connection with the Program, the Grantee shall withhold from the contractor, out of payments which are due, so much thereof as may be considered necessary to pay such employees so employed by the contractor or by any subcontractor thereunder, the full amount of salaries which are required by the particular contract, and the Grantee shall disburse, for and on account of the contractor or the subcontractor (as may be appropriate), to the respective employees to whom they are due, the amount so withheld. (5) Claims and Disputes; Architects Etc. -- Claims and disputes pertaining to salary rates or to classifications of architects, technical engineers, draftsmen, or.technicians who are employed in connection with the Program shall be reported by the Grantee to the Secretary of Housing and Urban Development and otherwise shall be handled in accordance with applicable law. (6) Discharging or Discriminating Against Emplovees Because of Certain Employment Matters. -- No architect, technical engineer, draftsman, or technician who is employed in connection with the Program shall be discharged or in any other manner discriminated against because he 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 related to the employment standards applicable hereunder to his employer. 4 B. Sections 107(a) and (b) are hereby changed to substitute the words "race, color, religion, sex, or national origin" wherever the words "race, creed, color, or national origin" appear. SEC. 11. Special Conditions. -- None PLEASE DO NOT FILL. IN THE DATE. ( S E A L ) CITY OF CORPUS CHRISTI, TEXAS ATTEST: City Secretary By Mayor UNITED STATES OF AA'WRICA Secretary of Housing and Urban Development By Assistant Regional Administrator for Renewal Assistance Region V 5 • PROGRAM W. TEE. E -7 • CONTRACT N0. TER. E -7(G) EXHIBIT A Molina The Area is bounded as follows: Beginning at pt. 181' N. of intersection of Bloomington and Columbia, W. along line 200' N. of Bloomington to pt. 100' E. of East Theresa, N. in straight line to Horne, W. along ROW line of Horne to pt. 192' W. of Theresa, S. in straight line to pt. 181' N. of Bloomington, W. along line 181' N. of Bloomington to pt. '100' W. of Elvira, S. to pt. 100' N. of Bloomington, W. along line 100' N. of Bloomington to pt. 170' W. of Molina, S. to pt. 100' S. of Bloomington, E. along a line 100' S. of Bloomington to pt. 105' W. of Elvira, S. along a straight line to the N. ROW line of West Point Rd., along the N. ROW line of West Point Rd. to Bush. S. on Bush to N. ROW line of Padre Island.Dr., S. E. to Linda Vista, E. to Columbia, N. E. on Columbia to N. ROW line of West Point Rd., W. 57', N. to Villareal, E. to W. ROW line of Rene, N. to Bloomington, E. to Columbia, N. 181' on Columbia. Hillcrest The Area is bounded as follows: Nueces Bay Boulevard, West Broadway, Port Avenue, rear lot line of Nueces Street, Coke Street, and Interstate Highway 37 excluding Housing Authority property. Page 1 of 1 GRANT CONTRACT FOR CODE ENFORCEMENT PROGRAM PART II CONTENTS SEC. 101. USE OF CERTAIN TERMS page (a� �tContract" defined . . 1 • �(bb "Application" defined 1 SEC. 102. ACCOMPLISHMENT OF PROGRAM . . . . . . . . . . . . . . . 1 SEC. 103, PROVISIONS RELATING TO ADMINISTTRATION ) Books and Records . . . . . . . . . . . . . . . . . . 1 Ja and Inspections . . . . . . . . . . . 1 ciAudits c . • Reports and Information 1 SEC. 104. PAYMENT OF GRANT a GovernmentIs Obligation . . . . . . . 2 b Conditions Prerequisite to Payment of Grant . . . . . 2 - Advance or Progress Payments . 3 d Requisition for Grant Payment . . . . . 3 e Rights and Remedies Not Waived . . . . . . . . . . . . 3 SEC. 105. BUDGETARY AND ACCOUNTING PROVISIONS a Accounts . . . . . . . . . . . . . . . . . . . . . . . 3 b Program Budget and Costs . . . . . . . . . . . . . . . 3 c) Coats Incurred for the Program 3 d Documentation of Program Costs 3 e Checks, Orders, and Vouchers . . . . . . . SEC. 106. CONSTRUCTION PROVLSIOm Contract and "Force Account" Work 4 Ja b3 Competitive Bidding . . . . . . . . . . . . . . . . . 4 SEC. 107. EQUAL EMPLOYtEP3 OPPORTUNITY (a) Activities and Contracts Not Subject to Executive Order 11246 . . . . . . . . . . . . . . . 4 (b) Contracts Subject to Executive order 11246 . . . 5 (cj Definition -- Contract for Construction . . . . . . 6 (d Enforcement Obligations of the Grantee 6 - i - • Page SEC. 108. DEFAULTS AM REMIES -ii - Cl Termination or Suspension of Contract . . . . . 7 �a b; Forfeiture of Grant . . . . . • • • • • • • • • • 7 SEC. 109. MISCEUANEOUS PROVISIOM e Interest of Public Officials and Employees . . . . 77 b Interest of Certain Federal Officials . . . . . . . . . c Bonus or Commission . . . . . . • • • • • 8 d Government hot Obligated to Third Parties . . . 8 e How Contract Affected by Provisions Being Held Invalid 8 f) Provisions Concerning Certain Waivers . . . . . . . . . 8 -ii - Cl SW- 101. USE OF CERTAIN TERMS Emoept where the context clearly indicates otherwise, the following terms, as used herein, shall have the meanings ascribed to them in this Sections (a) The term "Contract" means this Contract between the Government and the Grantee, and includes Parts I and II and any additional document or documents incorporated herein by special reference, as well as any amendment. (b) The term "Application" means the written application for the grant by the Grantee, including any revisions thereto, together with all explanatory, supporting, or supplementary documents filed therewith. STM. 102. ACCWLIsmmT OF PROGRAM The Grantee will commence and carry out the Program with all practicable dispatch, in a sound, economical, and efficient manner, in accordance with the Application and the provisions of this Contract, so that the Program will be completed within 3 years from the date of notification by the Government of approval of the Application. Said term may be extended with the written consent of the Government. The Grantee will carry out the Program in compliance with all requirements imposed by or pursuant to regulations effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 241, 252)9 prohibiting discrimination against any person on the ground of race, color, or national origin. SEC. 103. PRGVISIONS RELATING TO AMNISTRATION (a) Books and Records, — The Grantee will keep full and accurate books and records with respect to all matters covered by this Contract, in order that a speedy and effective audit may be made. (b) Audits and Inspections. — The Grantee will, at any time during normal business hours, and as often as the Government may deem necessary, permit the Government to have full and free access to all of its books and records with respect to all matters covered by this Contract, and will permit the Government to audit, examine, and make excerpts or transcripts from such books and records, and to review, inspect, and make audits of all Program work, contracts, invoices, materials, payrolls, records of personnel, conditions of employment, books of accounts, and other documentary data pertaining to such matters. (c) Reports and Information. -- The Grantee will, at such times and in such manner as the Government may require, furnish the Government with periodic reports aad statements pertaining to the Program and other matters covered by this Contract. - 1 - SEC. 101L. PAYMENT OF GRANT. a ) Government's Obligation. -- The Government will make payments o• account of the grant payable hereunder for the purpose of covering the eligible costs of the Program authorized herein. (b) Conditions Prerequisite to P ent of Grant. -- Notwithstanding any other provision of this Contract, the Government may elect not to make the payments provided for herein: (1) If the Grantee shall have made to the Government any misrepresentation of a material nature in the Application, or any supplement thereto or amendment thereof, or in this Contract, or in or with respect to any document furnished therewith or pursuant thereto; (2) If the Grantee shall have invited bids or proposals, or shall have entered into any contract, for the provision of public improvements as a part of the Program, without obtaining such prior approvals of the contract documents as may from time to time be required by the Government; (3) If the Grantee shall have acquired (other than by eminent domain proceedings), or contracted to acquire, any real property as a part of the Program at prices, or upon or subject to covenants, restrictions, terms, or conditions, which shall not have been concurred in by the Government; (4) If the Grantee, in acquiring any real property as a part of the Program by eminent domain proceedings, shall not have received the Government's concurrence in such action prior to the institution of such proceedings or shall have consented or acquiesced, by stipulation, forbearance, or otherwise, to any price, terms, or conditions which shall not have been concurred in by the Governments except as shall have been adjudicated by trial or hearing on the merits of the issues according to law; (5) If the Grantee shall have failed to carry out its obligation to provide relocation assistance to individuals or families displaced as a result of action taken pursuant to the Program; (6) If the Grantee shall not have maintained a level of expenditures for code enforcement, exclusive of any expenditures for areas assisted by Code Enforcement Grants or Title I Urban Renewal Project Grants, that is not less than its normal expenditures for code enforcement activities prier to the execution of this Contract, it being understood and agreed that the determination of normal expenditures shall be based on the average annual amount expended by the Grantee for code enforcement during the 2 fiscal years immediately preceding filing of the Application, excluding expenditures in any federally assisted Code Enforcement or Title I Urban Renewal Project Areas; (7) If the Grantee shall not have provided or caused to be provided those additional public improvements needed to assure the stability of the Code Enforcement Area in accordance with Section 3 of Part I hereof; (8) If the Grantee shall have abandoned or, before the completion thereof, terminated the Program; or - 2 - �. (9) IT the Grantee shall, then be iri default with respect to -A of the provisions of this Contract theretofore to be complied with bye (o) Advance or Progress Payments. — Under or subject to such conditions as the Government may specify in writing, which are not inconsistent with applicable law, the Government mayj in its discretion, make advance or Progress payments to the Grantee on account of the grant, or on account of the increase with respect to the grant provided for in Sections 6 and 7 of Part I hereof, at such time or times prior to the completion of the Program and the final determination of the total cost thereof as, in view of the status of the Program and the matters relative thereto, the Government may deem appropriate. (d) Requisition for Grant Payment. — The Grantee will file its requisition for payment of grant, including the increases provided for in Sections 6 and 7 hereof, on a form or forms prescribed by the Government. Such requisition will be accompanied by evidence, satisfactory to the Government, demonstrating the need at the time for the funds requisitioned and demonstrating that the amount sought is reasonable and the purposes for which it proposes to expend the funds are within the purview of this Contract. (e) Rights and Remedies Not Waived. — In no event shall the making by the Government of any payment on account of the grant constitute or be construed as a waiver by the Government of any breach of covenant or any default which may then exist on the part of the Grantee, and the making of any such payment by the Government while any such breach or default shall exist shall in no wise impair or prejudice any right or remedy available to the Government in respect of such breach or default. SEC. 105, BUDGETARY AND ACCOUNTING PROVISIONS (a) Accounts. — The Grantee will establish for the Program separate accounts to be maintained within its existing accounting system or set up independently. Such accounts are referred to herein collectively as the "Program Account." (b) Program Budget and Costs. — The Grantee will carry out the Program and incur obligations and make disbursements on behalf of the Program only for eligible costs (as defined by the Government) and only in conformity with the latest approved budget for the Program. The budget may be revised from time to time, but no budget or revision thereof shall be effective Curless and until the Government shall have approved the same. Costs incurred in excess of the latest approved budget shall be for the sole account of the Grantee and shall not be included in the actual cost of the Program for purposes of computing the Federal grant. (c) Costs Incurred for the Program. — The Grantee will charge to the Program Account all eligible costs of the Program. (d) Documentation of Program Costs. — All costs, including paid services contributed by the Grantee or others, charged to the Program will be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. — 3 — (e) checks, Qrdere, and Vouchers. — Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Program Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Program will be clearly identified, rbadily accessible, and, to the extent feasible, kept separate and apart from all other such documents. M. 106. CONSTRUCTION PROVISIONS (a) Contract and "Force Account" Work. — The Grantee may elect to carry out any necessary demolition, construction, or development activities as a part of the Program by utilization of its own employees or it may have such work done under written contract in a manner acceptable to the Government. (b) Competitive Bidding. — The Grantee will give full opportunity for free, open,and competitive bidding for each contract to be let by it calling for construction, demolition, or other work, as a part of the Program, or for the furnishing of any materials, supplies, or equipment for use in the Program and will give such publicity to its advertisements or calls for bids for each such contract as will provide adequate competition; and the award of each such contract, when made, will be made by it as soon as practicable to the lowest responsible bidder: Provided, That, in the selection of such materials, equipment, or supplies, the Grantee may, in the interest of standardization or ultimate economy, if the advantage of such standardization or such ultimate economy is clearly evident and an appropriate provision for such action is included by it in the proposed contract documents upon which bids are invited, award a contract to a responsible bidder other than the lowest in price: Provided further, That purchases of such materials, equipment, or supplies in amounts of 32,500 or less, and contracts in amounts of 32,500 or less calling for construction or demolition, or other similar work, as a part of the Programs may, except where contrary to the requirements of State or local law, be made from time to time by the Grantee without negotiation or competitive bidding and without observance of the other provisions of this subsection. SEC. 107. EQUAL EMPLOYMMTT OPPORTUNITY (a) Activities and Contracts Not Subject to Executive Order 11246. — In the carrying out of the Program, the Grantee will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during e�plcyments without regard to their race, creed, color, or national origin. such action shall includes but not be limited to, the following: employments upgrading, demotions or transfer; recruitment or recruitment advertising; layoff or — 4 — • termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin.. The Grantee will incorporate the foregoing requirements of this subsection (a) in all of its contracts for Program work, except contracts governed by subsection (b) of this Section 107 and contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts Subject to Executive Order 11246. -- The Grantee will incorporate or cause to be incorporated into any contract for construction or modification thereof which is subject to Executive Order 11246, and the rules and regulations of the Secretary of Labor pursuant thereto, the following Provisions, altered only to reflect the proper identity of the parties: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color,or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the municipality setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the municipality, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. - 5 - {4) The contractor will comply with all-provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive.Order.11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to his books, records, and accounts by the municipality, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive order 11246 of September 24, 1965,-or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by _ rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the municipality may direct as a means of enforcing such provisions, including sanctions for noncomplliance: 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 municipality, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (c) Definition — Contract for Construction. — As used in this Section 107, "contract for construction" means any contract or agreement for the demolition of structures or the provision, repair, or alteration of public improvements, as provided for in the Program. (d) Enforoemeat Obligations of the Grantee. — The Grantee will assist and cooperate actively with the Secretary of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the provisions set forth in subsection (b) of this Section 107 and with the rules, regulations, and relevant orders of the Secretary of Labor and will obtain and furnish to the Secretary of Housing and Urban Development and to the Secretary of Labor such information as they may require for the supervision of such compliance. The Grantee will enforce — 6 — the obligations of contractors and subcontractors under such provisions, rules, regulations, and orders and will carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the Secretary of Housing and Urban Development. The Grantee will refrain from entering into any contract subject to Exe cuti ve Order 11246 or extension or other modification of such a contract with a contractor who has been debarred from Government contracts and federally assisted construction contracts under Part II, Subpart D, of Executive Order 11246, or who has not demonstrated his eligibility for such contracts as provided in Part II of Executive Order 11246. In the event the Grantee fails and refuses to comply with'its undertakings, the Grantee agrees that the Government (i) may cancel, terminate, or suspend this Contract in whole or in part, (ii) may refrain from extending any further assistance under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Grantee, or (iii) may refer the case to the Department of Justice for appropriate legal proceedings. SW. 108. DEFAULTS AND Rj-- AWIES (a) Termination or Suspension of Contract. -- Notwithstanding any other provision of this Contract, the Government may terminate or suspend this Contract at its discretion upon the happening of any of the following; (1) The failure of the Grantee to complete the Program within the time prescribed herein; (2) The making of any misrepresentation by the Grantee in its Application or in the furnishing of any information to the Government; (3) The violation of any of the terms or conditions of this Contract; or (4) Any event which renders the accomplishment of the Program by the Grantee impossible, improbable, infeasible, or illegal. (b) Forfeiture of Grant. — For any violation of any of the terms of this Contract, the Covernment mayq in addition to ouch other remedies as may exist at lacy or in equity, require repayment of all or part of the grant to the Government. SBC. 109. "t1ISC MLANSOUS PROVISIONS (a) Interest of Public Officials and Enployaas. — No officer or employee of the Grantee and no member of—its governing oody, and no other public official of the locality in which the Program will be carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Pro=am, shall (1) participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or aascciation in which he is, directly or indirectly, interested, or (2) have any financial interest, direct or indirect, in this Contract or in the work to be performed under the Program authorized herein. — 7 — r 9 • • (b) Interest of Certain Federal Officials. — No Member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit arising herefrom. (o) Bonus or Commission. — The Grantee will not pay any bonus or commission for the purpose of obtaining approval of the Application for the Federal financial assistance provided for herein, or any other approval by the Government which may be necessary under this Contract. (d) Government Not Obligated to Third Parties. — The Government will not be obligated or liable hereunder to any party other than the Grantee. (e) How Contract Affected by Provisions Being Held Invalid. — If any provision of this Contract is held invalid, the remainder of this Contract shall not be affected thereby if such remainder would then continue to oonform to the terms and requirements of applicable law. (f) Provisions Concerning Cortaro Waivers. — Subject to applicable Federal law, any right or remedy which the Government may have under this Contract may be waived in writing by the Government by a formal waiver and either with or without the execution of an amendatory or supplementary agreement, if, in the judgment of the Government, this Contract, as so modified, will still conform to the provisions and requirements of applicable laws. — 8 — s IUD_) 0 U. S. DEPAR WENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS 1. APPLICABILITY The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 2. MI INUM WAGE RATES FOR LABORERS AND DJECHANICS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti- Kickback Act hereinafter identified), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual 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 purpose of this clause, contributions made or costs reasonably anticipated under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 3• UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics - 1 - the full amount of wages required by-this Contract. The amount so • withheld may be disbursed by the Local Public Agency. or Public, Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 4. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt o£ the findings. 5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS ACT (76 Stat. 357 -360; Title 40 U.S.C., Sections 327 -332) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a). 11FsZ (c) Withholding for liquidated-damages. The Local.Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable • on account of work performed by the Contractor or•subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any furt::er subcontracts that may in turn be made. 6. EMPLOYMEAT OF APPRENTICES Apprentices will be permitted to perform work covered by this Contract only under a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the Bureau of Apprenticeship and Training. United States Department of Labor, or, if no such recognized Agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training. The allowable ratio of apprentices to journey- men in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Arty employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor, United States Department of Labor, for the classification of work he actually performed. The Contractor or subcontractor shall furnish the Local Public Agency or Public Body with written evidence of the registration of his program and apprentices, as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. 7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 8. REGULATIONS PURSUANT TO SO-CALLED "ANTI- KICKBACK ACT" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by referenc.) of the Secretary of Labor. United States Department of Labor, Wade pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874; and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. - 3 - 9. EMPLOYMENT OF LABORERS OR MECE4PiICS.NOT LISTED IN AFORESAID WAGE • DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the.question accompanied by the recommendation of the Local Public Agency or public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housine and Urban Development, to the Secretary of Labor for determination. 11. POSTING WAGE DETERMINATION DECISIONS AND AUTEDR]ZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such 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 relating to the labor standards applicable under this Contract to his employer. -4- 13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor is writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of Housing and Urbaa Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and•mechaaics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three years thereafter. Such payrolls and basic payroll records sball contain the name and address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b )1(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. - 5 - The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the-work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYERS The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 17. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, to receive an award of such subcontract. 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor 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 debarment as provided by the applicable regulations issued by the Secretary of Labor, United State: Department of Labor. r4 �• ATTACHMENT TO FEDERAL' LABOR STANDARDS PROVISIONS SO- CALLED "ANTI - KICKBACK ACT" AND REaUTIONS PROhM.OATED PURSUANT THEP.ETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., section 874 (Replaces section 1 of the Act of June 13. 1934 (48 Stat. 948, 40 U.S.C., sec. 276b) pursuant to the Act of June 25, 1948,'62 Stat. 862) KICKBACKS FROM PUBLIC WORKS &1PLOYEES Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever. induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or Rork financed in whole or in part by loans or grants from the United States, to give up my part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors en- gaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. - -- xxx - - - Pursuant to the aforesaid Anti- Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A. Code of Federal Regulations, Part 3. The term, "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows: CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING AND PUBLIC WORK AND ON BUILDING AND WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. 3.1 Purpose and scope. This part prescribes "anti - kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the mini- mum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally- assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pol- lution Oontrol Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions - 1 - {,: the Contract Work Hours Standards Act whenever they are applicable to-construction work. details the obligation of contractors and subcontractors relative to the weekly submission of s ments regarding the wages paid on work covered thereby; sets forth tbe'circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and de- lineates the methods of payment permissible on such work. Sea 3.2 Definition & As used in the regulations in this pest: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment dpring the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work" include building or work for whose construc- tion, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as de- fined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to land guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the con- struction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a cor- poration closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all execu- tive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. - 2 - { • Sec. 3.3 Meekly statement with respect to payment of wages. • (a) As�used in this section, the term "employee" shall -not apply to persons in classifications higher than that of laborer or.mechanic and those who are the immediate supervisors of such employees. (b). Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by these regulations during the preceding weekly payroll period. The statement shall be executed by the contractor or subcontractor or by an author- ized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be in the following form: WEEKLY STATEWENT OF COMPLIANCE 19— (Name of donator) party) - do hereby state: (1) That I pay or supervise the payment of the persons employed by on the : that (Contractor or emkrontraetor) (Bmildin, or, .ark) during the payroll period commencing on the day of 19—, and ending on the day of , 19 —, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full weekly ( Cantraetor or ao6eoatraetorl wages earned by any person and that no deductions have been made either di- rectly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations. Part 3 (29 CFR Part 3), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat.- 967; 76 Stat. 537; 40 U.S.C. 276c), and described below: (Paragraph describing deductions if any) (2) That any payrolls otherwise under this contract required to be sub- mitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic con- form with the work he performed. (3) That any apprentices employed In the above period are duly registered In a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the.[eureau of Apprenticeship and Training,] United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. Sig —tare and title) - 3 - -: .Section 1001 of Title 18 of the-United States Code (Criminal Code and Criminal Procedure) sh4 to such statement as provided at 72 Stat. 967 (I8 U.S.C. 1001, among other things, provides tha who- ever knowingly and willfully makes or uses a document or fraudulent statement of entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned not more than five years, or both). (c) The requirements of this section shall not apply to any contract of $2,000 or leas. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. Sec._ 3.4 Submission of weekly statements and the preservation and Inspection of weekly payroll records. (a) Each weekly statement required under Sec. 3.3 shall be delivered by the contractor or sub- contractor, within seven days after the regular payment date of the payroll period, to a representa- tive of a Federal or State agency in charge at the site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency con- tracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such pay- roll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. Sec. 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bone fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person em- ployed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless, the de- duction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds estab- lished by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities or retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insur- ance to provide say of the foregoing, or unemployment benefits, vacation pay, savings accounts, or - 4 - W.Ilar payments for the benefit of employees, their families and dependents: 'Provided, howeve That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (1) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (11) provided for in a bona fide collective bargaining agreement -between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person In the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Fiords, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Sec. 516.25(a) of this title shall be kept. Sec. 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under Sec. 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor. subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in ad- vance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bar- gaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. Sea 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductions under Sec. 3.6 shall comply with the re- quirements prescribed in the following paragraphs of this section: - 5 - • (a) The application-shall be in writing and shall be addressed to'the Secretary of Labo-O (b) The application shall identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances. CO The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Sec. 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of labore.rs or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name aad business of any third person to whom any funds ob- tained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Sec. 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Sec. 3.6; and shall notify the applicant in writing of his decision. Sec. 3.3 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under Sec. 3.6 are prohibited. Sec. 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on demand, or the addi- tional forme of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Sec. 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see Sec. 5.5(a) of this subtitle. W. Willard Wirtz, Secretary of Labor. 228611 - e HUD-Wash., D. G CORPUS CHRISTI, TEXAS OO'' �i /�LJ1LLu DAY 01/ I9�u TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE: REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, �e z'4 �%.��:, '✓ ro THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON =Qi RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDAN 1 EL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLLOjjjWING��, VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS