US Dept. of Housing and Urban Development
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DEPARTMENT OF HOUSING AND UR8AN DEVELOPMENT
AREA OFFICE
ONE EMBARCADERO CENTER, SUITE 1600
SAN FRANCISCO, CALIFORNIA 94111
REGION IX
REGIONA L OFFICE
SAN FRANCISCO, CALIFORNIA
SEP 25 1972
Office of Area Director
.
City of Gilroy
7390 Rosanna Street
P.O. Box 66
Gilroy, California 95020
Attention: Mr. Fred O. Wood
City Administrator
Gentlemen:
Subject: Project No. OSD-475
Contract No. OSD-475(G)
/\7
AREA OFFICES:
Los Angeles, Cali(ornia
San Francisco, California
IN REPLY REFER TO:
9.1S
We are pleased to enclose one executed counterpart of the above
identified contract.
We appreciate your cooperation.
S1L" Ilnerely, . ~'\J '
~."- IJ.~
/--
( .James H. Price
",_~_/ 'Area Di rector
Enclosures
UNITED STATES OF AHERICA
DEPARTMENT OF HOUSING AllD URBAl~ DEVELOPHENT
SECOND M1ENDATORY CONTRACT N1ENDING A
CONTRACT FOR GRANT TO ACQUIP~ OPEN SPACE LAND
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Project No. Calif. bSD-475
Contract No. Calif. OSD-475(G)
THIS SECOND AMENDATORY CONTRACT made and entered into on the
date hereinbelow specified, by and beb~een the City of Gilroy (herein
called the I1Public Bodyll) and the United States of .America (herein
called the "Government").
~~REAS, the parties entered into that certain Contract for
a Grant to Acquire Open-Space Land No. Calif. OSD-475(G) dated the
21st day of June, 1971 (herein called the bExisting Contract"), and
it now appears that the Existing Contract should be amended;
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and respresentations contained herein and in the Existing Contract,
the parties hereto do agree as follows:
The Existing Contract is hereby amended as follows:
a. By deleting in Section 3 the amount of $108,570 and
inserting in lieu thereof the amount of $158,570.
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....
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I
IN WITNESS '~THEREOF, the Public Body has caused this Contract to
be duly executed in its behalf and its seal to be hereunto affixed
and attested; and, thereafter, the Government has caused the same to
be duly executed in its behalf this JI' day of
""",,"'0 --~_._-"----'-_._----_.'--
_______"_~~______, 1972.
(SEAL)
ATTEST:
A-
cl "/M(~{!t;'~fCj
SUSANNE E. STEI NMETZ
(Type or Print Name)
Ci~ C1_e~Ji_______
(Title)
CITY OF GILROY
By 7k-#4?u6~~:i!
-- (S:C01ature~--
NORMAN B. GOODRICH
(Type or Print Name)
_._____.!:1.?.Y..o~_~
(Title)
UNITED STATES OF AHERICA
Secretary of Housing and Urban
Development
l'1/1,~- ('i~
( Ar~a Director
\ $'lln Francisco .t\rea Office
,.,~
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. "
,
UNITED STATES OF PJ-iERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPHENT
SECOND MlENDATORY CO}ITRACT AMENDING A
CONTRACT FOR GRANT TO ACQUIRE OPEN SPACE LAND
UNDER
TITLE VII OF THE HOUSING ACT OF 1961) AS ftliENDED
Project No. Calif. bSD-475
Contract No. Calif. OSD-475(G)
'l1US SECOND AMENDATORY COiiTRACT made and entered in to on the
date hereinbelow specified, by and between the City of Gilroy (herein
called the "Public Bodyli) and the United States of America (herein
called the "Government") ~
WHEREAS, the parties entered into that certain Contract for
a Grant to Acquire Open-Space Land No. Calif. OSD-475(G) dated the
21st day of June, 1971 (herein called the "Existing Contractli), and
it now appears that the Existing Contract should be ronended;
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and respresentations contained herein and in the Existing Contract,
the parties hereto do agree as follows:
The Existing Contract is hereby amended as follows:
a. By deleting in Section 3 the amount of $108,570 and
inserting in lieu thereof the amount of $158)570.
\i
..,
. ..
IN l.JITNESS HHEREOF, the Public Body has caused this Contract to
be duly executed in its behalf and its seal to be hereunto affixed
and attested; and, thereafter, the Government has caused the same to
be duly executed in its behalf this _______~~.__.___~ day of
, 19 72 .
(SEAl.)
ATTEST:
i ~. --/----- .
/1. . ......., !
.C,,}U.JUY,h&) . ,~;j d."P>C~.j.
(Signature) .
l
SUSANNE E. STEINMETZ
(Type or Print Name)
Ci!Y._~_te~J~.______
(Title)
CITY OF GILROY
NORMAN ~ GOODR I CH
(Type or Print Name)
_____!1.?y_C?~_
(Title)
UNITED STATES OF AHERICA
Secretary of Housing and Urban
Development
By _________
Area Director
San Francisco Area Office
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UNITED STATES OF AHERICA
DEPARTHENT OF HOlJSING AHD URBAN DEVELOPl-lliNT
CONTRACT FOR GRfu~T TO ACQUIRE AND/OR DEVELOP LN~D
FOR OPEN SPACE PURPOSES
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS AtlliNDED
PART I
Project No. Calif. OSD-475
Contract No. Calif. OSD-475(G)
THIS AGREEMENT, consisting of this Part I and the Terms and
Conditions (Form HUD-3180b 6-69) forming Part II hereof (which Parts,
t9gether, are herein called the "Contract"), effective on the date
hereinbelow set out, by and between The City of Gilroy (herein called
the "Public Body") and the United States of America (herein called
the "Government"), WITNESSETH:
In consideration of the mutual covenants, promises, and repre-
sentations contained herein, the parties hereto do agree as follows:
SEC. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide Federal financial
assistance to the Public Body in the form of a grant of Federal funds,
(herein called the "Grant") under Title VII of the Housing Act of 1961, as
amended, for the purpose of carrying out a certain open space land project
(herein called the "proj ect ") and to s tate the terrns and condi tions under
which such assistance will be extended.
SEC. 2. TIlE PROJECT
(a) The Public Body agrees to undertake, carryout, andocomplete
the development of that certain land located in the City of
Gilroy, County of Santa Clara, State of California and more
generally descr.ibed in E~1ibit A attached hereto and made a
part hereof.
(b) The Public Body agrees to develop the land in the follm.,ring
manner and with the improvements described: General gre.dil1g;
sewer, \.,rater and storm drain faci1icies; lights; parking lot
construction; ponds and \.,raten.;rays; tl.1rfing andirrigntion;
-2-
restrooIDS; baseball backstops; landscaping and miscellaneous
park improvements.
(C) The Pub lic Body agrees to re tain s aid land, as developed, for
permanent open space purposes, and the open space use or uses
of said land shall be for park and recreational purposes,
conservation of land and other natural resources, or historic
or scenic purposes.
SEC. 3. THE GRM~T
In order to assist the Public Body in carrying out the Project, the
Government agrees to make a grant to the Public Body in an ronount equal to
$70,000 or 50 percent of the eligible .Project costs as determined by
the Government, whichever is the le~ser. .
SEC. 4. P~LOCATIO~ GRill~T
(a) The Government further agrees to increase the Grant othenlise
payable to the Public Body pursuant to the provisions of
Section 3 hereof in an amount equal to the relocation paY~2nts
which are made by the Public Body in connection with the
Project, in accordance with regulations prescribed by the
Secretary ,vith respect thereto: !?rovided, That the amount of
such increase shall in no event exceed the sum of $ none.
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(b) The Public Body agrees to mwze relocation payments to or on
behalf of eligible families, individuals, business concerns,
and nonprofit organizations in accordance Hith and to the
fullest extent permitted by the regulations prescribed by the
Secretary and 'vithin the limitations of subsection (a) hereof.
(c) No part of the amount of the relocation payments provided for
hereunder shall be included in computing the amount of the
Grant othenvise payable to the Public Body pursuant to the
provisions of Section 3 hereof.
o
SEC. 5. TI}lli OF PERFOIOUll~CE
The Pub lic Body agrees that it \oli11 complete the development of
the open space within 12 months following the date of execution of the
contract.
SEC. 6. COUNTERPLli(TS OF THE CONTRACT
This Contract may be executed in t,vo counterparts, each of whi.ch
shall be deemed to be an original, and such counterparts shall constitute one
and ~le same instrument.
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SEC. 7. CHANGES APPLICABLE TO PART II HEREOF
The following changes are hereby made in the attached Terms
and Conditions designated Part II hereof;
(a) Wherever there appears in the Terms and Conditions, Part
II, of this Contract any reference to or any provision
directed toward the acquisition of open space land as part
of the Project authorized hereunder, such provision or
reference shall be de~~ed to be surplusage, it being
understood ami agreed by and beooJeen the parties hereto
that the purpose of this. Contract is to provide for
Federal grant to assist in the development of open space
land previously acquired by the Public Body,.
(b) All references in Part It hereof to IIrace, creed, color or
national originll are hereby deemed to be interpreted as
i.f stated as Jlrace, religion, color, sex or national
origin. II
(c) Section 106 (D) of Part II, is hereby amended by deleting
the amount of "$2,500" and by substituting in lieu
thereof the amount of 11$10,000."
IN HITNESS vJHEREOF, the Public Body has caused this Contract to be
duly executed in its behalf and its seal to be hereunto affixed and attested;
and, thereafter, the Government has caused the same to be duly executed in
its behalf this ~/.d::day Of~' 19)1-.
[SEAL) CITY OF GILROY
~ ~ '#
By . .r~,/L; .,. . t~
(Signature)
SUSANNE E. STEt NMETZ
--o:ype or'Print Na~e)
NORMAN B. GOODRICH
(Type or Print Name)
ATTEST:
0140J6 i'J'luJ
(Signature)
Mayor _
(n tIe)
City Clerk
(Title)
UNITED STATES OF Al,IE:UCA
Secreta . of Housing and Urban Development
-" L~
Area Director
Sa 'nmcisco Area Office
'.'
Exhibit A
CiTY OF GILROY - BOUj,jDJ\r,y DE:SCR:PT1C~~ FOR ;~Oirrr;Slj)i: PAR:(:
.
,
BEiNG a portion or Ranch Lot 25 as sho"m 0;1 !k? jJo. 7 (jccc::l~);:.nyin:; the final.
Report of ttJC Refcr~cs in ~ho Las AnI~~s ~~nc}-~o ?ar-~ition Suit, Action ~o&
553& h~d in the Superior Court or the S~~tC of C~lifornia, in znd for the
__County-or SClnta Clara and beiGe; r.lore ?,:;;-ticulu1y GCSC,-i0;:;J as 1'0110,'/s:
.
.t.BEG1~rJING at a point in the lin~ com~on to RJ~ch Lo:s 21~ and 25
distant there.on t\.89CJ21;.'3Ji'~. 13S.1j5 rc{.::t ~,7ro:n ~hc ccrn\3retcrir:lon to
Ranch Lots 23 ~nd 21t ~s sho\':n on S~~;G 1"~0~-J, s':iiJ P():i1t or be~.;::-,ni;l9
beir,g also the southv!es~(:.;-1y cor~~ier of t;~UL c:(;rL~1in parcel of 100d
conveyed to Lola Tovar by CC(;C dated JLi;8 13.191,0 ;;."J r:ccorded in
V01Ul:1(; 1477 ell: paSJe 562, Oi=T;ci.::,: r~eCOIG~, o~ Santa Ciara County, una
runnirl9 thence a:0ng the lirie CGil-l:j~O;~1 to ;'~<:nc;i Lots 2~~ <:tr,G 25 N. 890
24'30"E. jllL.5.7l; f(:.:;t to ~he souU-;C2sterlY corr;cr of th2 cert.":dn
parcel of land described in the ~eed to ~~sus ~nd Jc~~ic Ra~cra,
husb~~(;d and \virc, recorc,;ed ;~'iuY 25,,, ~S61 to VO'jt./T;e 517;,) ilL p:~~je' 501.r,
Offici~1 Records of Sa;1ta C~~ra County: ttle~cc along the c~5~crly
1j:1~ of saic.: Parcel N. 10321\-!.. 4G3.56 feet to the. no=-t:~.2ds~erly
corner thereo"f in the 5out~lerly 1 ine of t~1Gt ccrt2in ?~,.cel of l~nd
d~scribcd in the Deed to Geor~e T. Duffin ari~ ~~elen ~iJff~n, his v;ifc,
recorded Fco;-uary 4, 1966 in Vol;~~;10 7271 of Of.,~ic~a.i J~cCOr(:3 at ,:,:-.se
330; thqncc a1on-g said southcrl.yl ;ne. S B3030'50jl~.l. 250.03 ~cct L.,Otc
or less to the southe.3~;tcr1y COi~dc~t of thcjL ce.rtc.1in :.37 (jC;-(:' r':'c:.rcf~:
conveyed from uuffin to City.oP'Ciiroy rcco;-(~ed in E"nk Se),5 at pc:S0
314 Official Records of S~nta C.12r~ COUGty, ar\d r~nn:i~g t~)ence along
the easterly tine of iast a~=o;-e5C:lid parct:~; i-,. 01Q25iD11~\~. /:::;6.38 -;i.:::et
to the northeasterly corner, theGce alor1S the northerly, 1 irlC of 5ai~
.1.37 acre parcel S.. 83o.3()15011\~.194.00 :'=~~;:;t to a pc_int.clis.:;:;nt th~~n:;on
N. .83030150"E. 7.96 from the .-,ortn\vestcrly corhcr of last c..forcs;;id
parce 1 ;
..
Thence northwesterly along the arc of a curve to the left with a
radius of 300.00 feet throt;~jh u central c:ngle 0'; 25"5013511 Dr, arc
dist~nce of 135.31 feet, to ~he point of r~ns~ncy ~1ith a line thct
is 30.00 feet distant northerly 2.t rj~;nt (j:lglc~; fro,;! ,he sou~:hctly
1 inc of tflzt certain parcel of la;';~ described if1 the tieed to Je3r1
Roman recorded December 19. 1963 in Volumn 6315 of Offici21 Recor~s
at p.:;;ge 660 s.88030150"\-!. 299.82 feet to .3 poi;-;t in t'le YJ\;slerJy 1 ine
of said Parcel conveyed to koman 30.00 feet nOi-ttlcrly from tile south-
westerly corner tilereof; tl10ilce contir;ll~rlg ~lo;1~ a li~c tlli~t is 30.00
feet distant c~t right ans]lc:;s no~thcr1y ::'1'"0.11 th~ nortj-,erly 1 ine of' tha~
ccrt~in par.eel of 12nd described in t~le =)(~~d [0 E. ~i. a:'~d Cha,-lcs B~~ 1
recorded November 27, 1950 in Volume 2102 of Offici21 Records ~t pase
3CS 5.83030'5011\>1. 3Ii5.0:j ~t2e\:; t~I~:nc.(; s. OC~t21;:. 30.~j~") rc(.;c to th.-;
northv~'0stcrly corner of s;iid Parcci convt-.:.,:/8d JLO E,.:) , i; t:-'ICilC~ .:}1GI1~ ~i:~
I J' ~ ., 0 1 C ,,-01-1" ,,-~'~.'; .' t'. .--',
\"(~sLer Y )fJe or SalG . c:rce ..J. U "';i~ c...i.~0.'1V ';'l~C\: to In:~ SOJ -i~\'1'i..~,SC~l i/
COrl,er thereof; th.:;nce along the sc)u~her],/ ] inc of U-i;,t cct'tcJln iiarc8':
of lc.no c:c~.crib8C: in th", ceed to Jo,:c.;jh C;. j'\cConnic(" d U^l rcc()rc,~'~ iil
\/1 . 57('(' :: o",c'_'~l '",,__,J ~,. ._.. '-1' C 0,:."".-.1""'11/2"1 ':: ""." '0
\10 urde ()';1 01 illCIClI i\~I",...O.\..lS (.~l. ;)\.198 ~ L :J.\,;u)0 :"j',j r. )I.~,..I It.:l,;l.. \..
t~.e l"'lorth\'-/csterly corr~l~~" of i~>i(~.tr. r,(;r~~(Ji!, p;~rc(:.l of 1a;,o con\'t~ye(~-::o -I~CJ\.';';~
first i'-joove referred to"; thc::nc0 21Glil~} t!",C h'csLcr1y lin~ of saiJ ?i.....c(:.j s.
;032/1:. Itill.OO 'rCt~I "':0 .ol..(;C p()rl"i'.~ of 0(":':Jii,niriS) ;jf;J
r
CO.\~Ti\:;;l;~G TH;:j~El:-l 22.127 c.CfC5.11
Dcscr~p~jo;) Revisf:d J[jn\.Jc~ry, 1S~/1.
HUD-3180b
(6-69)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-SPACE PURPOSES
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Part II
Terms and Conditions
---------------------------
SEC. 101.
USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following terms, as used herein, shall have the meanings
ascribed to them in this Section:
(A) The capitalized term "Secretary" means the Secretary of Housing and Urban Development or the person
authorized to act on his behalf.
(B) The term "Contract" means this Contract between the Government and the Public Body, and includes Parts I
and II and any additional document or documents incorporated herein by special reference, as well as any amendment.
(C) The term "Application" means the written application for the Grant by the Public Body, including any re-
visions thereto, together with all explanatory, supporting, or supplementary documents filed therewith.
(D) The term "land" means the interest or interests in real property acquired or to be acquired and/or developed by
the Public Body as set out in Section 2(a) of Part I of this Contract and shall include a fee interest or such lesser interests as
therein contemplated.
(E) The term "Project" means the undertaking and carrying out to completion of the acquisition and/or develop-
ment of land for open-space uses as set forth in Section 2(b) of Part I of this Contract.
SEe. 102.
ACCOMPLISHMENT OF PROJECT
The Public Body will commence and carry out the Project with all practicable dispatch, in a sound, economical, and
efficient manner, in accordance with the Application and the provisions of this Contract, and will initiate and complete the
Project within the time limit specified in Section 5 of Part I of this Contract. Such term may be extended with the written
consent of the Secretary. The Public Body will carry out the Project in compliance with all requirements imposed by or pur-
suant to regulations of the Secretary effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 241,252). The Public
Body agrees not to discriminate upon the basis of race, creed, color, or national origin in the program or activity for which the
Public Body receives financial assistance under this Contract. The United States shall be deemed to be a beneficiary of these
provisions both for and in its own right and also for the purpose of protecting the interests of the community and other parties,
public or private, in whose favor or for whose benefit this provision has been provided and shall have the right, in the event of
any breach of this provision, to maintain any actions or suits at law or in equity or any other proper proceedings to enforce
the curing of such breach.
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HUD-3180b
(6-69)
SEC. 103.
PROVISIONS RELATING TO ADMINISTRATION
(A) Books and Records. The Public Body will keep full and accurate books and records with respect to all matters
covered by this Contract, including books and records which permit a speedy and effective audit, and will fully disclose:
(1) Adequate title evidence in the form oftitle policies, Torrens certificates, or abstracts, and attorneys'
opinions relating to the land or interests in land acquired by the Public Body under this Project;
(2) The amount and disposition of both Federal and non-Federal funds which are provided for the Project;
(3) All items of cost chargeable or which are proposed to be charged to the total cost of the Project;
(4) All Project work and undertakings and all contracts which are entered into by the Public Body pertaining
thereto;
(5) The families, individuals, and business concerns which are displaced in the carrying out of the Project,
the pertinent facts concerning their relocation, and the making of relocation payments therefor; and
(6) All proceedings which are taken by the Public Body with respect to any of the preceding items in this
Section.
(B) Inspections and Audits. The Public Body will, at any time during normal business hours, and as often as the
Secretary or the Comptroller General of the United States may deem necessary, permit the Secretary and the Comptroller
General to have full and free access to all of its books and records with respect to the matters mentioned in subsection (A) of
this Section, and will permit the Secretary and the Comptroller General to audit, examine, and make excerpts or transcripts
from such books and records, and to review, inspect, and make audits of all Project work, contracts, invoices, materials, pay-
rolls, records of personnel, conditions of employment, books of accounts, and other documentary data pertaining to such
matters.
(C) Reports and Information. The Public Body will, at such times as the Secretary may require, furnish him with
periodic reports and statements, and other documentary data and information, as he may request, pertaining to the various
matters covered by this Contract.
SEC. 104. LAND PROVISIONS
(A) General Requirements Concerning Land. The Public Body shall:
(1) Take all necessary steps to remove or abrogate all legally enforceable provisions pertaining to the re-
striction of the use of the land it is acquiring and/or developing, upon the basis of race, creed, color, or national
ongm.
(2) Include in every agreement, lease, conveyance, or other instrument whereby the land is disposed of, an
affirmative covenant binding on the contractor, lessee, grantee, or other party to such instrument and on the suc-
cessors in interest to such contractor, lessee, grantee, or other party that there shall be no discrimination upon the
basis of race, creed, color, or national origin in the use or occupancy of the land. The covenant shall recite that the
United States is a beneficiary of the covenant and entitled to enforce it.
(3) Not sell, lease, or otherwise dispose of the land except with the prior written approval of the Secretary.
(4) Not voluntarily create, cause, or allow to be created any debt, lien, mortgage, charge, or encumbrance
against any of the land which in any way will impair or otherwise adversely affect the preservation of said land for
the use or uses set out in Section 2(b) of Part I of this Contract.
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HUD-3180b
(6-69)
(5) From time to time duly pay and discharge, or cause to be paid and discharged when the same become
due, all taxes, assessments, and other governmental charges which are lawfully imposed upon any of the land and
which if unpaid may by law become a lien or charge upon said land and thereby impair or otherwise adversely affect
the holding of said land for the use or uses set out in Section 2(b) of Part I of this Contract.
(6) Faithfully observe and conform to all valid requirements of any governmental authority relative to the
land and all covenants, terms, and conditions applicable to said land.
(B) Fair Market Value. The Public Body shall take all appropriate steps to assure that the consideration it pays
for the land does not exceed fair market value at the time of acquisition. If the Secretary determines that the consideration
paid by the Public Body is in excess of fair market value, for purposes of computing the amount of the Grant, the acquisition
cost shall be reduced by the amount of the excess.
(C) Special Provisions Relating to Sale or Lease of Land. If the Project proposes that the Public Body lease or sell
all or part of the land, the Public Body must first obtain written approval of the Secretary before such leasing or sale is under-
taken. Approval will be given only if such leasing or sale is consistent with the Project and adequate controls are embodied in
the lease or deed to assure the preservation of the open-space use or uses of such land as set out in Section 2(b) of Part I of
this Contract.
(D) Use of Land
(1) No change in the use ofthe land to a use other than the open-space uses set out in Section 2(b) of Part I
of this Contract will be permitted without the prior written approval of the Secretary. Before such approval will be
given, the Public Body must demonstrate to the Secretary's satisfaction that:
(a) The conversion is essential to the orderly development and growth of the urban area involved;
(b) The conversion is in accord with the comprehensively planned development of the urban area; and
(c) The open-space land is being or will be replaced, without cost to the Federal Government, by other
open-space land of at least equal fair market value at the time of conversion, and of as nearly as feasible
equivalent usefulness and location
(2) The Public Body shall not discriminate upon the basis of race, creed, color, or national origin in the sale,
lease, or rental or in the use or occupancy of the land or any improvements erected or to be erected thereon, or any
part thereof.
(3) The Public Body shall not restrict the use of the land, as developed, on the basis of place of residence,
except that a reasonable fee charged nonresidents over and above any fee that may be charged residents shall not be
interpreted as a restriction of the use of such land.
(E) Transfer of Public Body's Interests in Land to Another Public Body. Before the Public Body transfers its
interests in the land to another Public Body, it shall require its transferee to enter into a contract with the Secretary agreeing
in writing to be bound by all of the applicable terms and conditions of this Contract.
SEe. 105.
PAYMENT OF GRANT
(A) Advance or Progress Payments. Under or subject to such conditions as the Government may, in writing, specify
which are not inconsistent with applicable law, the Government may, in its discretion, make advance or progress payments to
the Public Body on account of the Grant, or on account of the increase with respect to the Grant provided for in Section 4 of
Part I of this Contract, at such time or times prior to the completion of the Project and the final determination of the total
- 3 -
HUD-3180b
(6-69)
cost thereof as, in view of the status of the Project and the matters relative thereto, the Government may deem appropriate,
but no such advance or progress payment will be made unless and until the Public Body shall have filed its written request
with the Secretary for such advance or progress payment: Provided, That the Public Body is not in default on any of the
terms of this Contract. The Public Body shall deposit such advance payment funds in a bank or banks which are members of
the Federal Deposit Insurance Corporation.
(B) Requisition for Grant Payment. The Puhlic.Body shall file its requisition for payment of Grant, including the
increase provided for in Section 4 of Part I of this Contract, on a form or forms prescribed hy the Secretary. Such requisition
shall be accompanied hy the Public Body's certification of purposes, demonstrating the need, at the time, for the funds
requisitioned; that the amount sought is reasonable; and that the purposes for which it proposes to expend the funds are
within the purview of this Contract.
(C) Acquisition, Development, and Demolition Costs. Payment of the Grant provided for in Section 3 of Part I of
this Contract shall be hased on acquisition, demolition, and development costs which have heen determined by the Secretary
as eligible Project costs, in the light of applicable Federal law and in accordance with the Secretary's rules and regulations
implementing that law. The acquisition costs shall not include (1) ordinary State or local governmental expenses; (2) costs of
acquiring land located outside the urban area for which the Public Body exercises (or participates in the exercise of) open-space
responsihilities; (3) the cost of land acquired prior to the notification of the Puhlic Body hy the Secretary of his approval of
the Application or of the acquisition of such land; or (4) the cost of land acquired with the assistance of funds received di-
rectly or indirectly from the Government, or any agency or instrumentality thereof, other than under the terms of this Con-
tract. The development cost shall include only those costs which are necessary to prepare the land for open-space use and
shall not include (1) the cost of development undertaken prior to the notification of the Public Body hy the Secretary of his
approval of the Application or of the development of the land or (2) the cost of specialized major recreation facilities. The
demolition cost shall include only those costs which are necessary for the demolition and removal of buildings and structures
from developed land acquired as part of the Project.
SEC. 106.
LABOR AND CONSTRUCTION PROVISIONS
(A) Contract and "Force Account" Work. The Public Body may elect to carry out any necessary demolition, con-
struction, or development activities as a part of the Project hy utilization of its own employees or it may have such work done
under written contracts let by it. Any contracts entered into for Project work shall contain appropriate provisions to require
compliance with all applicable Federal laws and regulations pertaining to such contracts, to the work to he performed there-
under, and to the persons employed in the carrying out of such contracts.
(B) Competitive Bidding. The Public Body will give full opportunity for free, open, and competitive bidding for
each contract to be let by it calling for construction, demolition, or other similar work, as a part of the Project, or for the
furnishing of any materials, supplies, or equipment for or use on, the Project and will give such publicity to its advertisemellt~
or calls for hids for each such contract as will provide adequate competition; and the award of each ~uch 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 Puhlic Body 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 $2,500 or less, and con-
tracts in amounts of $2,500 or less calling for construction, demolition, or other similar work, as a part of the Project. may,
except where contrary to the requirements of State or local law , be made from time to time by the Public Body without
negotiation or competitive bidding and without ohservance of the other provisions of this subsection.
(C) Provisions To Be Included in Certain Contracts. Before the Public Body recei\'es bids or proposals for, or other-
wise negotiates for, a proposed contract which calls for the performance of any work on the Project which will entail, for such
work, the employment by the contractor or his subcontractors of laborers or mechanics, the Public Body shall include in the
proposed contract documents appropriate wage schedules (including applicable wage determinations of the Secretary of Lahor,
- 4-
HUD-3180b
(6-69)
United States Department of Labor) and other provisions which are consistent with the provisions embodied in that document
entitled "Federal Labor Standards Provisions" attached hereto marked HUD-3200 and made a part hereof. Such schedules,
wage determinations, and other provisions, as included in such proposed contract documents, shall also be included in the
contract documents as executed. The Public Body will include in each contract mentioned in the preceding sentence of this
subsection an appropriate provision requiring the contractor to insert in each of his subcontracts which will entail the employ-
ment by such subcontractor of laborers or mechanics, as aforesaid, wage and other provisions which are consistent with such
contractor's contract with the Public Body.
(D) State or Local Laws Concerning Wage Rates for Laborers and Mechanics. If State or local laws require that
laborers or mechanics who are employed by the Public Body's contractors, or by such contractors' subcontractors, in the
development of the Project, be paid not less than the wages which are established pursuant to such laws and if such wages so
established are higher than the wages which are determined by the Secretary of Labor, Unitcd States Department of Labor,
pursuant to the aforesaid Davis-Bacon Act, to be the wages prevailing in the locality in which the Project is situated, nothing
in this Contract is to be construed as intended to relieve the Public Body of its obligation, if any, to require payment of such
higher wages.
(E) Equal Employment Opportunity
(1) Activities and Contracts Not Subject to Executive Order 11246. In the carrying out of the Project, the
Public Body will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The Public Body will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to race, color, religion, sex or national
origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Public Body agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the Government setting forth the provisions
of this nondiscrimination clause. The Public Body will, in all solicitations or advertisements for employees placed
by or on behalf of the Public Body, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin. The Public Body will incorporate the foregoing re-
quirements of this subparagraph (1) in all of its contracts for Project work, except contracts governed by subparagraph
(2) of this Section 106(E) 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 Project work.
(2) Contracts Subject to Executive Order 11246. The Public Body hereby agrees that it will incorporate or
cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regula-
tions 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 grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insur-
ance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employce or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to insure that
applicants are employed, and that employees are treated during employment without regard to thrir ract',
color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: rmploy-
ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination: ratrs of
payor 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 Public Body setting forth the provisions of this nondiscrimination clause.
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HUD-3180b
(6-69)
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representative of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of
Housing and Urban Dcvelopment, or pursuant thereto, and will permit access to his books, records, and ac-
counts by the Public Body, the Secretary of Housing and Urban Development, and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and the contractor may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of Septem-
ber 24, 1965, and such other sanctions may be imposed and rcmedies 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 pro-
vided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and
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 con-
tractor will take such action with respect to any subcontract or purchase ordcr as the Public Body or the Sec-
retary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanc-
tions for noncompliance: Provided, however, That, in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the Public Body, the
contractor may request the United States to enter into such litigation to protect the interests of the United
States.
The Public Body further agrees that it will be bound by the above equal opportunity clause with respect
to its own employment practices when it participates in federally assisted construction work: Provided, That
if the Public Body so participating is a State or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate in work
on or under the contract.
The Public Body agrees that it will assist and cooperate actively with the Secretary of Housing and Urban
Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the Secretary of Housing and Urban Development and the Secretary of Labor such information as
they may require for the supervision of such compliance, and that it will otherwise assist the Secretary of Hous-
ing and Urban Development in the discharge of his primary responsibility for securing compliance.
- 6-
HUD-3180b
(6-69)
The Public Body further agrces that it will refrain from entering into any contract or contract modifica-
tion subject to Executive Order 11246 of September 24,1965, with a contractor debarred from, or who has
not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant
to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the Secretary of Housing and Urban De-
velopment or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the
Public Body agrees that if it fails or refuses to comply with these undertakings, the Secretary of Housing and
Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant contract; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been re-
ceived from such Public Body; and refer the casc to the Department of] ustice for appropriate legal
proceedings.
SEC. 107.
DEFAULTS AND REMEDIES
(A) Termination or Suspension of Contract. The Government may terminate or suspend this Contract at its dis-
cretion upon the happening of any of the following:
(I) The failure of the Public Body to complete the Project within the time prescribed in Section 5 of Part I
of this Contract;
(2) The making of any misrepresentation by the Public Body in its Application or in the furnishing of any
information to the Secretary;
(3) The violation of any of the terms or conditions of this Contract;
(4) Any event which makes the accomplishment of the Project by the Public Body impossible, improbable,
infeasible, or illegal; or
(5) The commencement of any litigation challenging the performance by the Public Body of any of its duties
or obligations which may jeopardize or adversely affect the Project, this Contract, or the Grant.
(B) Forfeiture of Grant
(I) If the Public Body should change the use of the land from the use or uses designated in Section 2(b) of
Part I of this Contract without the prior written approval of the Secretary, or should it transfer its interests in the
land to another Public Body without requiring the transferee to execute the contract with the Secretary provided for
by Section I04(E) of this Part II, the Public Body shall at the request of the Secretary repay to the Government the
amount of the Grant.
(2) For any other violation of any of the terms of this Contract, the Secretary may, in addition to such other
remedies as may exist at law or in equity, require repayment of all or part of the Grant to the Government.
(C) When Rights and Remedies Not Waived. In no event shall the making by the Government of any Grant payment
to the Public Body constitute or be construed as a waiver by the Government of any breach of covenant or any default which
may then exist on the part of the Public Body, and the making of any such payment by the Government while any such breach
or default shall exist shall in no wise impair or prejudice any right or remedy available to the Government in respect of such
breach or default.
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HUD-3180b
(6-69)
SEC. 108.
MISCELLANEOUS PROVISIONS
(A) Interest of Public Body Personnel and Other Local Public Officials. The Public Body shall adopt and enforce
measures to assure that no member of its governing body and no other officer or employee of the Public Body and no member
of the governing body or other public official of any other local public body in the urban area in which the Project is situated,
who exercises any functions or responsibilities in connection with the carrying out of the Project, shall, prior to the comple-
tion of the Project, voluntarily acquire any personal interest, direct or indirect, in any property included in the Project or in
any contract or proposed contract in connection with the undertaking of the Project. If any such member, employee, or
officer presently owns or controls, or in the future involuntarily acquires, any such personal interest, he shall immediately
disclose such interest to the Public Body. Any member, employee, or officer who shall have or acquire such interest shall
not participate in any action by the Public Body affecting the undertaking of the Project, unless the Public Body shall de-
termine that, in the light of the personal interest disclosed, the participation of such individual in any such action would not
be contrary to the public interest. The Public Body shall promptly advise the Secretary of the facts and circumstances con-
cerning any disclosure made to it pursuant to this provision and the action taken by the Public Body upon being made aware
of said facts and circumstances.
(B) Interest of Certain Federal Officials. No Member of or Delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise from the same.
(C) Bonus or Commission. The Public Body shall not pay any bonus or commission for the purpose of obtaining
the Secretary's approval of the Application or any other approval by the Secretary which may be necessary under this Contract.
(D) Government Not Obligated to Third Parties. The Government shall not be obligated or liable under this Con-
tract to any party other than the Public Body.
(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 it is in conformity with the terms and requirements of applicable
law.
(F) Provisions Concerning Certain 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.
215395-P (Rev. 6-69)
HUD-Wash., D.C.
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.
l~
'I
,
HUD-3200
(4-66)
u. S. DEPARTMENT OF HOUSING fu"JD 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. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once each
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are made mandatory by law and such other
payroll deductions as are permitted by the applicable regulations issued
by the Secretary of Labor, Uni ted 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 1(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)(l)(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 maybe 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
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the full amount of wages required by this Contract. The amount so
wi thbe1d ms:y be disbursed by the Local Public Agency or Public Body,
for and on account of the Contractor or the subcontzractor (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.
t
.4. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as pert of the wages of any laborer or
mechanic the amount of any costs reasonab~ anticipated in providing
fringe benefits under a plan or program of a type express~ listed in
the wage determination decision of the Secretary of Labor which is a
pert 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 seperate 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 submi tted to the Local Public
Agency or Public Body with the first peyro1l filed by the Contractor
subsequent to receipt of 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 hie 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).
-2-
(c) Withhold~ 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 al1\Y subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts tba t may in turn be made.
6. EHPLOYMENI' 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.
Any employee listed on a payroll at an apprentice wage rate, who is not
registered as above, shall be paid the wage rate determined by the Secretary
of Labor, United States Department of Labor, for the classification of work
he actually performed. The Contractor or 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-CAU.ED "ANTI-KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a copy of
which is attached and herein incorporated by referencu) of the Secretary
of Labor, United States Department of Labor, ~ade 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 MEXJ HANICS NOT LIS'mD IN AFORESAID WAGE
DETERMINATION D~ IS ION
Any class of laborers or mechanics which is not l~sted 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
Developnent, 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 Housing and Urban Development, to the Secretary of Labor for determination.
11. R>STING WAGE DETERMINATION DID IS IONS AND AUTOORlZED WAGE DEDlX:TIONS
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 ~, 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 post.ed at appropriate conspicuous points at the site of the work.
12 . COMPLAINTS, PROOEEDINGS, OR TESTIMONY BY EM:PLOIEES
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 ~
subcontractor because such employee has filed ~ complaint or instituted
or caused to be instituted any proceeding or bas testified or is about to
testify in any proceeding under or relating to tbe 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 in writing to the Local Public Agency
or Public Body for referral by the latter through the Secretary of Housing
and Urban Development to the Secretary of Labor, United States Department of
Labor, whose decision shall be final with respect thereto.
14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti-Kickback Act,
(b) the Contract Work Hours Standards Act, (c) the aforesaid Davis-Bacon
Act, (d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards
provisions of any other pertinent Federal statute, shall be referred,
through the Local Public Agency or Public Body and the Secretary of Housing
and Urban Development, to the Secretary of Labor, United States Department
of Labor, for said Secretary's appropriate ruling or interpretation which
shall be authoritative and may be relied upon for the purposes of this
Contract.
15. PAYROLLS AND BASIC PAYROLL REX::ORDS OF COBTRAC'roR AND SUBCONTRAC'roRS
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 tw certified copies of
all payrolls of the Contractor and of the 8ubcontractors, it being understood
that the Contractor shall be responsible for the submission of copies of
payrolls of aJ.l subcontractors. Each such pe.;yroll shall contain the IIWeekly
Statement of Compliancell set forth in Section 3.3 of Title 29, Code of
Federal Regulations. The payrolls and basic payroll records of the
Contractor and each subcontractor covering all laborers and. mechanics
employed upon the work covered by this Contract shall be maintained during
the course of the work and preserved for a period of three years thereafter.
Such payrolls and basic payroll records shall 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 l(b) (2) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1) (iv) of Title 29, Code
of Federal Regulations, that the wages of any laborer or mechanic include
the amount of any costs 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
coJllllitment to provide such benefits is enforceable, that the plan or program
is financially responsible, and that the plan or program has been cOIlDllUnicated
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
wi th 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 EMPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any sub~ontractor, 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. INELJGIBLE 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 Statee Department of Labor.
- 6 -
A'rl'ACBMENl' TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKBACK ACf" AND REGULATIONS PROMULGATED
PURSUANT 1lIERETO BY mE SECRETARY OF LAOOR,
UNITED STATES DEPARTMENT OF LAOOR
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)
KICKBA(]{S FROM PUBLIC WORKS E)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 work financed in whole or in part by loans
or grants from the United States, to give up any 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 tenn, "this part," as used in the regulations
hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are as follows:
roNTRAC"l'ORS AND SUBroNTRAC"l'ORS ON PUBLIC BUILDING AND PUBLIC 'MlRK
AND ON BUILDING AND WORK FINANCED IN WHOLE OR IN PART
BY LOANS OR GRANTS FROM THE UNITED Sl'ATES
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 'M)rks or buildings or 'M)rks 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 Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions
- 1 -
of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part
details the obligation of contractors and subcontractors relative to the weekly submission of state-
ments regarding the wages paid on work covered thereby; sets forth the 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 pennissible on such work.
Sec. 3.2 Definitions.
As used in the regulations in this part:
(a) The tenns "building" or "work" generally include construction activity as distinguished
from manufacturing, furnishing of material s, or servicing and maintenance work. The tenns 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, tenninals, 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 dJlring the course of the manufacture or furnishing, or owns the materials
from which they are manufactured or furnished) is not a "building" or "work" wi thin the meaning of
the regulations in this part.
(b) The tenns "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 tenns "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 tenn "building or work financed in whole or in part by 10MS 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 tenn 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, completiOR, 0r 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 tenn "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 tenn "Federal agency" means the United States, the District of COlumbia, and all execu-
tive departments, independent establishments, administrative agencies, and instrumentalities of the
Uni ted 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 Week 1 y statemen t wi th respect to p aymen t 0 f 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 inmediate 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
pa,yroll 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 srATF1dENT OF OOMPLIANCE
,19_
I,
(Naae of .i,natory party)
(Title)
do hereby state:
(1) That I pa,y or supervise the payment of the persons employed by
on the that
(Contractor or subcontractor)
( B u il din, 0 r .0 rid
during the payroll period commencing on the _ da,y 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
(Contractor or subcontractor)
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 wi th 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 [Bureau 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.
(Si,nature and title)
- 3 -
Section 1001 of Title 18 of the United States COde (Criminal COde and Criminal Procedure) snaIl apply
to such statement as provided at 72 Stat. 967 (18 U.S.C. 1001, among other things, provides that 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 less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor ma.y provide
reasonable limitations, variations, tolerances, and exemptions from the requirements of this section
subj ect to such conditions as the Secretary of Labor ma,y specify.
Sec. 3.~ 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 da,ys after the regular payment date of the pa,yroll period, to a representa-
ti ve 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, wi thin ouch time, to a Federal or State agenc.y con-
tracting for or financing the building or work. After such examination and check as ma,y be made,
such statement, or a copy thereof, shall be kept available, or shall be transmitted together wtth 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 pa.yroll records for a period of
three years from date of completion of the contract. The pa,yroll records shall set out accurately
and completely the name and address of each laborer and mechanic, his correct classification, rate
of pa,y, daily and weekly number of hours worked, deductions made, and actual wages paid. Such pa.y-
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 appl ication to or approval of the
Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of
this section ma,y be made without application to and &.rlproval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law,
such as Federal or State withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepa,yment of wages
when such prepayment is made without discount or interest. A "bona fide prepa,yment 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 any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
- 4 -
,
similar payments for the benefit of employees, their families and dependents: Provided, however,
That ,the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it
is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in
v.hich the work is to be done and such consent is not a condition either for the Obtaining of or for
the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement
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 Funds, 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.
Sec. 3.7 Appl ications 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 Labor.
(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.
(c) 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 thereQf, and the classes of laborers or mechanics from whose wages the proposed deduction
would be made.
(e) The application shall state the name and business of any third person to whom any funds 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 appl ications.
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. 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for Qf 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 forms 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 Regul ations 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.
228611-1
- 6 -
"
.~
UNITED STATES OF ANE~UCA
DEPARTNENT OF I-lOUSING AND URBAN DEVELOPNENT
FIRST ANENDATORY CONTRACT AHENDING A CONTRA.CT FOR GR.ANT
TO ACQUIRE LAND FOR OPElJ-SPACE PUlU'OSES UNDER
TITLE VII OF nlE HOUSING AC:r OF 1961, AS AHENDED
Project No. Calif. OSD-475
Contract No. Calif. OSD-475(G)
THIS Fn~ST l\HENDATORY COfrfRACT made and entered into on the date herein-
below specified, by and between the City of Gilroy (herein called the r!publi~
Bodyll) and the United States of America (herein called the "Govern.'1lentll),
H ITNES SETH:
HHKREAS, .the parties hereto entered into that certain Contract for Grant
To Acquire Open-Space Lane: No. Calif. OSD-L~75(G) dated the 21st day of J:.me,
1971 (herein called the llExisting Contract"), and i.t now appears that the
Existing Contract should be 2i:lended:
NOH, THE?,El'ORE, in cons:i.c1ej."ation of the rautual covcneJDts, promises, ,mel
rCpr03(~IltatiollS contc:il1.cc1 herein and in the E}cistirl.3 '~ont-r<Jct, the parties
hereto do agree as follows:
1. The Existing Contrc::t is hereby i:tmended as follO:'Js:
a. By deletin~ in Section 3 the amount of $70,000 and inserting
in lieu thereof the amount of $108,570.
-'.
Il'~ \.JIrrl-TESS 'PI-1.ErJ~OF, the ~_-::n1)J._ic toc~y l':CiS caus0cl t~lis ~ontract to be
~
..
.,
,.,~
'....
-".
.'.............
........
............
"'-'"
'.....
..........,
'..
b.
'..
2
duly executed in its behalf and its seal to be hereunto affixed and attested;
and, thereafter, the Government has caused the same to be duly executed in
its' behalf this day of , 1971.
(SF.AL)
CITY OF GILROY
By Jl~ r,g~
(Signature)
NORMAN B. GOODRICH
(Type or Print Name)
MAYOR
(Title)
ATTEST:
.. ,~~~td~~
eo 0-,-'" ..- ure..).
J..).1-6,.\,-~L . .
v/'
CH).':. Clerk
(Ti'- 1 c-.)
_...L __
lTNITED S'T.t}TES OJ? l\i-,;-:Tn.ICfl.
Secretary of Housing and Urban Dc:vclopi]1E'nt
"
~
T_~,,\ .,
1);: _~_~__"__."._~_'______.__._____._,_
Ares D.;:ce;~tr)r
S&D FTancisco Areo Office
UNITj~J) STliTl.~S OF l\}l.~.~n.lctj,
DEP.Ai.rfl'lElfT OF 110LJSII<,~ .A{fD tLRB/\l'J DEVE~LOPi.jEj~['j."
FIRST HiEI.:rDATO}ZY COl:~T}li\CT l'JLEN1HNG CmiTRACc.L' FO~ GnANT
TO ACQUnm AND/OR DEVELOP LAHD Fcn O?;~N SFACE pun.POSES
UNDEP. TITLE VII OF THE HOUSING ACT OF 1961, AS i\llENj)ED
Project No. Calif. OS~-274
Contract No. Calif. OSA-274(G)
THIS AHENDATORY CONTRACT made a:1c1 entered into on the date hereinbelm<7 spe-
cified, by and betvleen the City of Gilroy (herein called the IIpublic Body") and
the United States of America (herein called the IIGovernment"), HITNESSETH:
WHERE~S the partieC hereto entered into that certain Contract for Grant to
Acquire and/or Develop Land for Open Space Purposes No. Calif. OSA-274(G), dated
the 26th day of August, 1968 (herein called the "Existing Cont:([lct"), and it nO\<7
appears that the Existing Contract should be amended:
NOH, THEREFORE, in cons ideration of the mutuc.l covcnnnts, promises, and re-
presentations contained herein and in the Existing Contract, the parties hereto
do agree as follows:
Section tf(a) of Part I of the Existing Contract is hereby amended by deleting
the sum of $3,816 and inserting in lieu thereof the SUIn of $23,816.
IN HlTNESS \mEREOF, the Public Body has caused this Amendatory COrltract to be
duly executed in its behalf and its seal to he hereunto affixed and attested; and,
thereafter, the Government has caused the same to be duly executed in its behalf
this ___.______ day 0 f .__________~____..__, 1970 .
(SKAL)
CITY OF GILROY
By_IL~~kfZ;3!rj7~
(SignatTl'E.:)
NORMAN B. GOODRICH
--'--l1S.p (;-'Ol:})7in t-'T1~~;~Y--'-"'~'~-'-----~
ATTEST: .
7 ,,72 -,-<,,-,~~Jflt;;::d'-_i
(Signature)
SUSANNE E. STEINMETZ
-----Ti'yp~--;r Print .NalllcT-------
___,___X:"'~'~~_r_-_~__.'______
Critle) .
__.____.__._ S':1:.-t: y___0 e~lc.. .._.___..____ -..__
(Title)
Ul.TI'fl;:D srri\.TES OF L~J.r'~~l~IC":\
Secretary of Housing Rnd Urban Development
B Y .;~_._.~._._," ____.~____.. __.___.___._..~_____.___.__.._..__.._--_.
Assistant Regional Administratol~
for IIctropoli.tnn lkvelc.pr,;snt, Rezi.or: VI
UNITED STATES OF A}ffiRICA
DEPARTHEKT OF HOiJSI!~G At:D URBt'u'iJ DEVELOfllENT
SECOND AMENDATORY CONTRACT M.illNDING CO~~RACT FOR GRANT
TO ACQUIRE &'iJD/OR DEVELOP Lill~D FOR OPEN SPACE PURPOSES
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Project No. Calif. OSA-274
Contract No. Calif. OSA-274(G)
THIS SECOND A}lENDATORY CONTRACT made and entered into on the date herein-
below specified, by and bet~veen the City of Gilroy (herein called the "Public
Body") and the United States of America (herein called the "Government"),
WITNESSETH:
WHEREAS the parties hereto entered into that certain Contract for Grant
to Acquire and/or Develop Land for Open Space Purposes No. Calif. OSA-274(G),
dated the 26 day of August, 1968 (herein called the "Existing Contract"),
and it now appears that the Existing Contract should be amended:
NOT, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein and in the Existing Contract, the parties
hereto do agree as follows:
1. Section 2. of Part I of the Existing Contract is hereby amended by
deleting in its entirety th~ legal description of The Project as set
forth on page 1 and page 2 of the Existing Contract and substituting
in lieu there The Project legal description as follows:
BEING a portion of Rench Lot 25 as shown on Map No. 7 accompanying
the Final Report of the Referees in the Las Animas Rancho Partition
Suit, Action No. 5536 had in the Superior Court of the State of
California, in and for the County of Santa Clara and being more
particularly described as follcws:
"BEGINNING at a point in the line common to Ranch Lots 24 and 25
distant thereon N.89024130''E. 136.45 feet from the corner common
to Ranch Lots 23 and 24 as shown on said Map, said point of begin-
ning be~ng al~o the southwesterly corner of that certain parcel
of land conveyed to Lola Tovar by deed dated June 13, 1946 and
Recorded in Volume 1477 at page 562, Official Records of Santa
Clara County, and running thence along the line common to Ranch
Lots 24 and 25 N. 8902lf'30!lE. ll,Lt5.7/+ feet to the southeasterly
corner of the certain parcel of land described in the Deed to
Jesus and Jessie Razura, husband and Hife, recorded HilY 25, 1961
in Volume 5178 at page 504, Official Records of Santa Clara
County; thence along the easterly line of said Parcel N. 1032'W.
463.56 feet to the northeasterly corner thereof in the southerly
line of that certain Parcel of land describ~d in the Deed to
George T. Duffin and Helen Duffin, his veife, recorded February
4, 1966 in Volume 7271 of Official Records at p&ge 330; thence
along said southerly line S. 88030'50'~. 250.03 feet Gore or
less to the southeasterly corner of that certain 1.37 acre parcel
.....
2
conveyed froo Duffin to City of Gilroy recJrdea in Book 8645 at
page 314 Official Records of Santa Clara County, and running
thence along the easterly line of last aforesaid Parcel N.
01025'Ol'~. 296.38 feet to the northeasterly carner, thence
along the northerly line of said 1.37 acre parcel S. 88030'50'~.
194.00 feet to a point distant thereon N. 880301SO"E. 7.96 from
the northwesterly corner of last aforesaid parcel;
Thence northwesterly along the arc of a curve to the left with
a radius of 300.00 feet through a central angle of 25050'35" an
arc distance of 135.31 feet to the point of tangency with a line
that is 30.00 feet distant northerly at right angles from the
southerly line of that certain parcel of land described in the
deed to Jean Roman recorded Dece~ber 19, 1963 i~ Volume 6315 of
Official Records at page 660 S.88030'50'~~. 299.82 feet to a
point in the westerly line of said Parcel conveyed to Roman 30.00
feet northerly from the southwesterly corner thereof; thence
continuing along a line that is 30.00 feet distant at right
angles northerly from the northerly line of that certain parcel
of land described in the Deed to E. H. and Charles Ball recorded
November 27, 1950 in Volume 2102 of Official Records at page
308 S.88030'50'~. 345.05 feet; thence S. 0042'E. 30.00 feet to
the northVl€sterly corner of said Parcel conveyed to Ball; thence
along the westerly line of said Parcel S. 042'E.296.40 feet to
the southwesterly corner thereof; thence along ~he southerly line
of that certain parcel of land described in the deed to Joseph G.
McCormick et ux, recorded in Volume 5789 of Official Records at
~
~
~"
.... .
3
page 512 S.88()30r501'~,;. 231.45 feet 10 the nort:;\lcsterIy corner
of that certain parcel of land conveyed to Tovar first above
referred to; thence along the westerly line of said Parcel S.
1 o32"E. 4L~1. 00 fee t to the poir:t of Degin::li!1g." (CONTAINIEG
THEREIN 22.127 acres)
IN HITNESS IvREREOF, the Public Body ha:..; caused this Second Amendatory
Contract to be duly execllted in its behalf aod its seal to be hereunto
affixed and attes ted; and, thereafter, the GovErnrnent ha:'; caused the same
to be duly executed in its behalf this ___ day of , 1971.
(SEAL)
CITY OF GILROY
By )1~2.~
(Signature)
NORMAN B. GOODRICH
(Type or Print r;ame)
Na;yar __
(Tit Ie)
ATTEST:
cr) i) , . j
,LK:.. :./?- '{':Jt~ n7W ~.
" (Signature)
,dC,,/,-
c;t;
SUSANNE E. S TE I NMETZ
(Type or Print Name)
City Clerk
(Title)
UNITED STATES OF .AtiERICA
Secretary of Housing and Urban Development
By
Area Director
San Francisco Area Office
Region IX
J Ii
. .
UNITED STATES OF N~ERICA
DEPARTt~ENT OF HOUSING AND URBA.N DEVELOP~'1ENT
CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND
FOR OPEN SPACE PURPOSES
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS ~1ENDED
P ART I
Project No. OS-CA-09-39-ll33
Contract No. OS-CA-09-39-ll33(G)
THIS AGREH1ENT, consisting of this Part I and the Terms and
Conditions (Form HUD-3180b 6/69) forming Part II hereof (which
Parts, together, are herein called the "Contract"), effective on
the date hereinbelow set out, by and bet\'/een the CITY OF GILROY (herein
called the "Public Body") and the United States of America (herein
called the "Government"), HITNESSETH:
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 Federal financial
assistance to the Public Body in the form of a orant of Federal
funds, (herein called the "Grant") under Title VII of the Housing
Act of 1961, as amended, for the purpose of carryinq out a certain
open space land project (herein called the "Projectll) and to state
the terms and conditions under which such assistance will be extended.
SEC. 2. THE PROJECT
(a) The Public Body aqrees to undertake, carry out, and complete
the acquisition of fee simple interes~s to be acquired in
and development of that certai.n land located in the City
of Gilroy, County of Santa Clara, State of California, and
more specifically described in Exhibit A attached hereto
and made a part hereof by reference.
(b) The Public Body agrees to develop the land in the following
J j i . '
, .
manner and wi th the improvements described:
Northside Park -
Construction of three tennis courts and two handball
courts.
Christmas Hill Park-
Installation of irrigation system, turf, landscape
planting, paving, construction of planters, walkways,
picnic equipment, playground equipment, and lighting.
(c) The Public Body agrees to retain said land, as developed,
for permanent open space purposes, and the open space use
or uses of said land shall be for park and recreational
purposes, conservation of land and other natural resources,
or historic or scenic purposes.
SEC. 3. THE GRANT
The Government agrees to make a grant to the Public Body to
assist it in carrying out the Project. The grant shall in no event
exceed the lesser of (i) 50 percent of the eligible Project costs,
not including the cost of relocation payments and assistance, as
determined by the Government, and the Government's share of the cost
of relocation payments and assistance provided by the Public Body
in connection with the Project as specified in Section 4 of the
Contract, or (ii) $86,134.
SEC. 4. RELOCATION PAYMENTS
The Public Body agrees to make relocation payments and payments
for eligible expenses incidental to transfer of title and condemnation
litigation, and to provide relocation assistance to or on behalf of
eligible displacees in accordance with and to the full extent permitted
by the regulations or other requirements of the Secretary and within
the budgetary limits of the Contract. All costs of the Public Body
for providing such payments and assistance on account of displacement
shall be treated and funded as are other eliqible Project costs.
Grant funds from the total amount thereof set forth in Section 3 of
the Contract, used to fund the cost of relocation payments and
assistance in accordance with this Section of the Contract shall not
without prior written consent of the Secretary, exceed $ None.
SEC. 5. TIME OF PERFORMANCE
The Public Body agrees that it will:
(a) Complete the acquisition and clearance of the open space
within twelve (12) months following the date of execution
of the Contract.
-2-
J I,
, .
(b) Initiate the development activities contemplated
under this Contract within six (6) months after
completion of the acquisition of the open space
land or within sic (6) months after execution of
the Contract, whichever is later and that it will
complete such development activities within a
reasonable period of time thereafter, now estimated
to be six (6) months.
SEC. 6. COUNTERPARTS OF THE CONTRACTS
This Contract may be executed in t\'lO (2) counterparts, each
of which shall be deemed to be an original, and such counterparts
shall constitute one and the same instrument.
SEC. 7. CHMIGES APPLICABLE TO PART II HEREOF
The foll~!ing changes are hereby made in the attached Terms
and Conditions designated Part II hereof:
(a) All 'references in Part II hereof to IIrace, creed, c~lor
or. national originll are hereby deemed to be interpreted
as if stated as IIrace, religion, color, sex or national
'origin.1I
(b) Section 106(8) of Part II, is hereby amended by deleting
the amount of $2,500 and by substituting in lieu thereof
the amount of $10,000.
SEC. 8. SPECIAL CONDITIONS
(a) Notwithstanding any other provlslon of this contract, the
Pub 11 c Body agrees to have prepared and recorded in the
appropriate land or Deed records for each Open Space site
contained in this project an appropriate restriction indi-
cating that the site or any interest therein may not be
sold, leased, or othervJise transferred \'/ithout the prior
written approval of the Secretary of Housing and Urban
Development, his designee, or any successor thereto. This
restriction may be recorded in the Public Body's deed or
deeds to Open Space site or in a separate instrument;
provided that the method used gives constructive notice
(or the equivalent) of the restriction.
(b) The Public Body certifies that an adequate maintenance
and operating program for this project is planned for a
minimum of three years.
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J'I . '
, .
(c) Compliance With the Provisions ~f the Clean Air Act-
Notwithstanding any other provisions of this contract, the
Local Public Agency (or appropriate contracting agency)
agrees to comply with the Clean Air Act, as amended
(42 U.S.C. 1857, et seq.), and the standards issued thereto,
in connection with the activities receiving assistance
hereunder.
(d) Notwithstanding any other provision of this contract, with
respect to any construction, rehabilitation, modernization
or other ItJOrk on or after the date of thi s contract funded
in whole or in part from the financial assistance provided
by this contract, the Public Body shall include or
cause to be included in all contracts for such work the
following pro~isions:
(1) If apprentices are eMployed in connection with this
contract who were not employees of the contractor
prior to the execution of this contract so as to be
identified as regular employees of the contractor (em-
ployed at least six months by the contractor), the
contractor agrees that priority shall be given in
hiring practices to lovler income aoplicants for
employment residing in the project area; provided
that such app1 i cants otheY'ltli se meet the requi rements
for apprenticeship existing in the locality for the
particular trade;
(2) If common laborers or skilled craftsmen are employed
in connection with this contract who were not
employees of the contractor prior to the execution
of this contract so as to be identified as requ1ar
employees of the contractor (employed at least six
months by the contractor), the contractor agrees that
priority shall be qiven in hiring practices to lower
income applicants for employment residing in the
project area;
(3) Priorities of hiring hereunder may not be limited
to such lower income applicants as may be union
members.
For the purposes of this Section 1I10vJer income applicantsll
means those applicants for employment whose income does
not exceed the maximum established by the 10ca1ity's housing
authority for continued occupancy in 10\'/ rent housing projects
of such authority financed under the U. S. Housing Act of 1937
as amended.
.
-4-
J , ii,
, .
For the purposes of this Section "applicants for employment
residing in the area of such project" means: (1) in the case
of an urban renewal, nei~hborhood development, model cities,
code enforcement, or nevi communities projects, those individuals
or persons who reside in the area of the project as such area
is described and set forth in the federal aid contract; (2) in
the case of existing low rent housinq projects, those who
reside in such projects~ and (3) in the case of all other
projects and proorams which are located within boundaries of
incorporated ci ti es or to'tlnS, those who reside in such city
or town, and for such other projects and programs located
in the unincorporated areas of the county.
SEC. 9. ASSURANCES
Prior to entering into the Contract the Public Body provided the
following to the Government:
"(a) Assurances that (i) fair and reasonable relocation payments
and assistance shall be provided to or for eligible dis-
placees, as are required to be provided by a Federal aqency
under Sections 202, 203, and 204 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970, (ii) relocation assistance programs offering the
services described in Section 205 of said Act shall be
provided to such displacees, and (iii) within a reasonable
period of time prior to displacement, decent, safe and
sanitary replacement dwellings will be available to
displacees in accordance with Section 205{c){3) of said
Act. II
.
lI(b) Assurances that (i) in acquiring real property it will be
guided to the greatest extent practicable under State law,
by the land acquisition policies in Section 301 and the
provisions of Section 302 of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and
(ii) property ~~ners will be paid or reimbursed for necessary
expenses as speci fi ed in Secti ons 303 and 304 of sai d Act. II
SEC. 10. COt1PENSATION TO GOVERil~'ENT FOR ITS AUDITS AND INSPECTIONS
The Public Body will compensate the Government for its inspections
and audits, provided for in Sec. 103(B) of Part II of this Contract,
a fixed fee in the amount of $1,525. The fixed fee shall be payable at
the time the first requisition for a Grant Payment is approved by a
deduction of the entire amount of the fixed fee from the first Grant
Payment to the Public Body: Provided, that in the event the Grant
amount authorized under Section 3-hereof with respect to the actual
-5-
j Ii . I
. .
cost of the Project is increased, the additional fixed fee payable
thereby shall be deducted from the next Grant Payment made to the
Pub 1 i c Body.
IN HITNESS HHEREOF, the Pub 1 i c Body has caused thi s Contract
to be duly executed in its behalf and its seal to be hereunto affixed
and attested; and, thereafter, the Government has caused the same to
be duly executed in its behalf this SEP 21 1973 day of
, 19
By
(~EAL)
l~
Fred O. Wood
(Type or Print ~Jame)
City Administrator
(Title)
ATTEST:
~
(t~~~ng~ ~ri~ie~~~~)z
City Clerk
(Title)
UNITED STATES OF AMERICA
Secretary of Housing and Urban
Development
-6-
EXHIBIT A
ACQUISITION ~
All that certain real property in the City of Gilroy, County of
Santa Clara, State of California, described as follows:
All of Lots 9 and 10, as sho~~ upon that certain map entitled
"Hap of the Subdivision of Las Animas Sub Lot No. 11 and Las
Animas Ranch Lot 39 in the Rancho Las Animas and City of Gilroy,
County of Santa Clara, California", ~yhich map was filed for record
in the Office of the Recorder of the County of Santa Clara, State
of California, on August 12, 1886 in Volume "F1" of Haps, at Page
I
4. !
Excepting therefrom that certain parcel of land conveyed by John
Pedemonte and Virginia Pedemonte, his wife, to Edmund H. Piedmont
and Carla Piedmont, his wife, as joint tenants, by deed dated
January 15, 1951 and recorded August 13, 1951 in Book 3261 of
Official Records, ~age 590, described as follows:
I
Being a part of Lot 10 as shown upon map entitled "Hap of the
Subdivision of Las Animas Sub10t No. 11 and Las Animas Ranch Lot
No. 39 in the Rancho Las Animas and Ci.ty of Gilroy", which map is
recorded in Book F-l of Haps, at Page 4, Records of Santa Clara
County, and more particularly described as follows:
'I
Beginning at the intersection of the northerly line of L~7is Street
with the line common to said Lot 10 and Lot 11 and running thence
along said common line North 200 West 150 feet; thence North 700
East 60 feet; thence South 200 East 150 feet to the northerly line
of Lewis Street; thence along said northerly line South 700 West
60 feet to the point of beginning.
iI
Also excepting therefrom all that portion thereof described in
the deed.from Edmund H. Piedmont, Administrator for the Estate of
Virginia Piedmont also known as Virginia Pedemonte, deceased, to
the State of California, recorded August 3, 1970 Book 9008 Page
173 Official Records, described as follows:
Parcel One
Portion of Lot 9, as shrnvn upon that certain map entitled, 'Nap
of the Subdivision of Las Animas Sun Lot No. 11 and Las Animas"
Ranch Lot 39 in the Rancho Las Animas and City of Gilroy, County
of Santa Clara, California", filed for record on August 12, 1896,
in Volume "F1" of Haps, at Page 4, in the Office of the Recorder
of Santa Clara County and being more particularly described as
follows:
Commencing at the most easterly corner of said Lot 9; thence along
the northeasterly line of said Lot North 280 07' 50" West, 294.20
feet; thence South 220 51' 07" East, 291.36 feet to the southerly
line of said Lot 9; thence along last said line, North 700 30' 47"
East, 27.11 feet to the point of commencement.
Containing 0.091 of an acre, more or less.
Parcel Two
Portion of Lot 9, as shown upon that certain map entitled, "Map
of the Subdivision of Las Animas Sub Lot No. 11 and Las Animas
Ranch Lot 39 in the Fancho Las Animas and City of Gilroy, County
of Santa Clara, California", filed for record on August 12, 1896,
in Volume "Fl" of :Haps, at Page 4, in the Office of the Recorder
of Santa Clara County and being more particularly described as
fo110\vs :
Beginning for reference at the most easterly corner of said Lot 9;
thence along the northeasterly line of said lot, North 280 07' 50"
I
West, 294.20 feet to/ the true point of commencement; thence South
220 51' 07" East, 291.36 feet to the southerly line of said Lot 9;
thence along last said line, South 700 30' 47" Hest, 150.80 feet;
thence North 230 44' 43" \.Jest, 731.59 feet to the northerly line
of said Lot 9; thence along said northerly line and along said
northeasterly line of said Lot 9, North 700 30' 47" East, 121.33
feet and South 280 07' 50" East, 443.75 feet to the True Point of
Commencement.
Containing 2.415 acres, More or Less.
il
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Norths ide Park
DEVELOPMENT ONLY
Improvements will be placed at the westerly end of Northside
Park which is generally bounded by Romona Street. Church Street,
Hanna Street, the back property line of residences facing Arnold
Drive, and Wayland Lane.
Christmas Hill Park
Improvements will be constructed throughout Christmas Hill Park
located in Southwest Gilroy at the juncture of Miller Avenue and
Uvas Creek.
HUD-3180b
(6-69)
u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN-SPACE PURPOSES
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Part II
Terms and Conditions
---------------------------
SEC. 101.
USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following terms, as used herein, shall have the meanings
ascribed to them in this Section:
(A) The capitalized term "Secretary" means the Secretary of Housing and Urban Development or the person
authorized to act on his behalf.
(B) The term "Contract" means this Contract between the Government and the Public Body. and includes Parts I
and II and any additional document or documents incorporated herein by special reference, as well as any amendment.
(C) The term" t\pplication" means th!' written application for the (;rant by the Public Body, including any re-
visions the~eto. together with all !'xplanatory. supporting, or supplementary documents filed therewith.
(D) The term "land" means thp interest or interests in real property acquired or to be acquired and/or devdoped by
the Public Body as set out in Section 2(a) of Part I of this Contract and shall include a fee interest or such lesser interests as
therein contemplated.
(E) The term "Project" means the undertaking and carrying out to completion of the acquisition and/or develop-
ment of land for open-space uses as set forth in Section 2(b) of Part I of this Contract.
SEe. 102.
ACCOMPLISHMENT OF PROJECT
The Public Body will commence and carry out the Project with all practicable dispatch, in a sound. economical. and
efficient manner, in accordance with the Application and the provisions of this Contract. and will initiate and complete the
Project within the time limit specified in Section 5 of Part I of this Contract. Such term may be extended with the written
consent of the Secretary. The Public Body will carry out the Project in compliance with all requirements imposed by or pur-
suant to regulations of the Secretary effectuating Title VI of the Civil Rights Act of 1964 (78 Stat. 241.252). The Public
Body agrees not to discriminate upon the basis of race, creed. color, or national origin in the program or activity for which the
Public Body receives financial assistance under this Contract. Th.' United States shall be deemed to be a beneficiary of these
provisions both for and in its own right and also for the purpose of protecting the interests of the community and other parties,
public or private, in whose favor or for whose benefit this provision has been provided and shall have th., right. in the event of
any breach of this provision. to maintain any actions or suits at law or in equity or any other proper proceedings to enforce
the curing of such breach.
- I -
HUD.318Ob
(6-69)
SEC. 103.
PROVISIONS RELATING TO ADMINISTRA nON
(A) Books and Records. The Public Body will keep full and accurate books and records with respect to all matters
covered by this C.ontract, including books and records which permit a speedy and effective audit, and will fully disclose:
( I) Adequate title evidence in the form of title policies, Torrens certificates, or abstracts, and attorneys'
opinions relating to the land or interests in land acquired by the Public Body under this Project;
(2) The amount and disposition of both Federal and non-Federal funds which are provided for the Project;
(3) All items of cost chargeable or which are proposed to be charged to the total cost of the Project;
(4) All Project work and undertakings and all contracts which are entered into by the Public Body pertaining
thereto;
(5) The families, individuals, and business concerns which are displaced in the carrying out of the Project,
the pertinent facts concerning their relocation, and the making of relocation payments therefor; and
(6) All proceedings which are taken by the Public Body with respect to any of the preceding items in this
Section.
(B) lnspectionb and Audits. The Public Body will, at any time during normal businesb hours, and as often as the
Secretary or the Comptroller General of the l1 nitI'd States may deem necessary, permit the Secretary and the Comptroller
General to have full and free access to all of its books and records with respect to the matters mentioned in subsection (A) of
this Section, and will permit the Secretary and the Comptroller General to audit, examine, and make excerpts or transcripts
from such books and records, and to review, inspect, and make audits of all Project work, contracts, invoices, materials, pay-
rolls, recorqs of personnel. conditions of employment, books of accounts, and other documentary data pertaining to such
matters.
(C) Reports and Information. The Public Body will, at such times as the Secretary may require, furnish him with
periodic reports and statements, and other documentary data and information, as he may request, pertaining to the various
matters covered by this Contract.
SEC. 104. LAND PROVISIONS
(A) (~eneral Requirements Concerning Land. The Public Body shall:
( I) Take all necessary steps to remove or abrogate all legally enforceable provisions pertaining to the re-
striction of the USf' of the land it is acquiring and/or developing, upon the basis of race, creed, color. or national
ongm.
(2) Include in every agreement, lease. conveyance, or other instrument whereby the land is disposed of, an
affirmativ.. eovenant binding on the contractor, lessee, grantee, or other party to such instrument and on the suc-
eeSlSOr" In mterest to such contractor, lessel', grantee, or other party that there shall be no discrimination upon the
basis of race. creed eolor, or national origin in the USI' or occupancy of the land. The covenant shall n~cite that the
United States is a bendiciary of the covenant and entitled to enforce it.
(:!) ,,"ot sell, Il'ase, or otherwise dispose of the land except with the prior written approval of the Secretary.
(4) "-ot voluntarily crealI', cause, or allow to be created any debt, lien, mortgagf', charge, or encumbrance
agalllst any of th.. land which in any way will impair or otherwise adversely affect the preservation of said land for
th.. use or use" set out in Section 2(b) of Part I of this Contract.
- 2-
HUD-3180b
(6-69)
(5) From time to time duly pay and discharge, or cause to be paid and discharged when the same become
due, all taxes, assessments, and other governmental charges which are lawfully imposed upon any of the land and
which if unpaid may by law become a lien or charge upon said land and thereby impair or otherwise adversely affect
the holding of said land for the use or uses set out in Section 2(b) of Part I of this Contract.
(6) Faithfully observe and conform to all valid requirements of any governmental authority relative to the
land and all covenants, terms, and conditions applicable to said land.
(B) F air Market Value. The Public Body shall take all appropriate steps to assure that the consideration it pays
for the land does not exceed fair market value at the time of acquisition. If the Secretary determines that the consideration
paid by the Public Body is in excess of fair market value, for purposes of computing the amount of the Grant, the acquisition
cost shall be reduced by the amount of the excess.
(C) Special Provisions Relating to Sale or Lease of Land. If the Project proposes that the Public Body lease or sell
all or part of the land, the Public Body must first obtain written approval of the Secretary before such leasing or sale is under-
taken. Approval will be given only if such leasing or sale is consistent with the Project and adequate controls are embodied in
the lease or deed to assure the preservation of the open-space use or uses of such land as set out in Section 2(b) of Part I of
this Contract.
(0) Use of Land
(1) No change in the use of the land to a use other than the open-space uses set out in Section 2(b) of Part I
of this Contract will be permitted without the prior written approval of the Secretary. Before such approval will be
given, the Public Body must demonstrate to the Secretary's satisfaction that:
(a) Tht' conversion is essential to the orderly development and growth of the urban area involved:
(b) The conversion is in accord with the comprehensively planned development of the urban area; and
(c) The open-space land is being or will be replaced, without cost to the Ft~dt~ral Government, by other
open-space land of at least equal fair market value at the time of conversion, and of as nearly as feasible
equivalent usefulness and location
(2) The Publie Body shall not discriminate upon thc basis of race, creed, color, or national origin in the sale,
lease, or rental or in the use or occupancy of the land or any improvcments erected or to bf~ erected thereon, or any
part thereof.
(3) The Public Body shall not restrict th(~ use of the land, as devclorwd, on the basis of place of residence,
except that a reasonable ke charged nonresidents over and above any fef' that may be charged residents shall not be
interpreted as a restriction of the use of such land.
(E) Transfer of Public Body's Interests in Land to Another Public Body. Bt'fore the Public Body transfers its
interests in the land to another Public Body, it shall requirc its transferee to entcr into a eontract with thc Secretary agreeing
III writing to be bound by all of the applicaLl(. terms and conditions of this (.ontract.
SEe. 105.
PAYMENT OF GRANT
(A) Advance or Progrcss Paymcnts. Under or subjeet to such conditions as the Government may, in writing, specify
which are not inconsistent with applicable law, the Government may, in its discretion, make advance or progress payments to
the Puhli(' Body on account of the Grant, or on account of the increase with respect to the Crant provided for in Section 4 of
Part I of this Contract, at such time or times prior to the completion of the Project and tllf' final determination of the total
- :J -
HUD-3180b
(6-69)
wst thereof a!', in vif'W of the status of the Project and the matters relative thereto, the Government may deem appropriate,
but no such advanef' or progress payment will be made unless and until the Public Body shall have filed its written request
with the Secretary for such advance or progress payment: Provided, That the Public Body is not in default on any of the
terms of this Contract. The Public- Body shall deposit such advance payment funds in a bank or banks which are members of
the Federal I leposillnsurancf' Corporation.
(B) Requisition for Grant Payment, The Public. Body shall file its requisition for payment of Grant, including the
increase provided for in Section 4 of Part I of this Contract, on a form or forms prescribed by the Secretary. Such requisition
shall be aecompanied by the Public Body's certification of purposes, demonstrating the need, at the time, for the funds
requisitioned; that the amount sought is reasonable; and that the purposes for which it proposes to expend the funds are
within the purview of this Contract,
(C) Acquisition, Development, and Demolition Costs. Payment of the Grant provided for in Section 3 of Part I of
this Contract shall be based on acquisition, demolition, and development costs which have been determined by the Secretary
as eligible Project costs, in the light of applicable Federal law and in accordance with the Secretary's roles and regulations
implementing that law. The acquisition costs shall not include (1) ordinary State or local governmental expenses; (2) costs of
acquiring land located outside the urban area for which the Public Body exercises (or participates in the exercise of) open-space
responsibilities. (;~) the cost of land acquired prior to the notification of the Public Body by the Secrf'tary of his approval of
the Application or of the acquisition of such land; or (4) the cost of land acquired with the assistance of funds received di-
rectly or indirectly from the Government, or any agency or instrumentality thereof, other than under the terms of this Con-
tract, The devt'lopment eost "hall include on'" those costs which are necessary to prepare the land for open-space use and
shall not includ.' (J ) the cost of development undertaken prior to the notification of the Public Body by the Secretary of his
approval of the \ppli..ation or of dw development of the land or (2) the cost of specialized major recrcation facilities. The
demolition cost shall include only those costs which are necessary for the demolition and removal of buildings and structures
from df'vcloped land a(~quired as part of the Project.
SEe. 106.
LABOR AND CONSTRUCTION PROVISIONS
(A) Contraet and '"Force Account" Work. The Public Body may elect to carry out any necessary dt'JIIolition, con-
stro('tJon, or develupment adivitit's as a part of the Project by utilization of its own employees or it may have such work dont'
under written contracts let by it. Any contracts entered into for Project work shall contain appropriatc provisions to require
compliam'" W Itb all applieahl(. Fcdcrallaw6 and regulations pertaining to such contracts, to the work to he performed there-
undt'r. and to tht' ~wr~on~ .1IIplo} cd in the carrying out of such contracts"
(B) Lumpetitiw Bidding. The Public Body will give full opportunity for fret', opl'n, and competitive bidding for
each contract to lit I... by it ('alling for wnstruction. demolition. or other similar work, as a part of the Project. or for the
furnishing of an\ mat"f1ak -uppllC'''. or (~qllipment for or liSt' on. tlw Proj.,ct and will givl' such publicity to its advertisenH'nts
or calls for bid" for each such contract as will provide adequatt' competition; and the award of ..ach such contract, when madt'o
will be made by It a" soon ab pradicahle to th.' JOW('st r.~sponsibl.~ bidder: Provid..d. That in the ~eledion of such material~.
equipment. or ~uppht's. tilt' Pubh. Body may. in the IJItercst of ~tandardization or ultimate economy. if tht' advantage of such
standardization or "ueh ultimat(' "C(lIIomy is dearly ('vident and an appropriate provision for such action is included by it in
tht' proposed (~ontra'" do('ulJl('nt" upon which bids art' invited, award a contract to a responsible bidder other than tht' IO~t'st
IJI priet' ProVided furtlwr That purchases of bueh materials, t'quipment, or supplies in amounts of $2.500 or less. and con.
tract~ 111 amollnb of $2.:;00 or Il'~" calling for eonstruction. demolition, or other similar work. 3.-- a part of the Proj('('t, may.
f'"cept when' (untran to ttlt' n'4U1Tl'menls of Stat., or loeallaw. be made from time to tilllt' by tlll~ !'uhlic Body without
nt'gohahon or I "mp.'tItlV!' llldding and without ohsf'rvaIW(' of the othcr provisions of this sllh~eetion.
(C) !'rovlslOf!~ I~Jlt. Included in Certain Contracls. Bt'fore the Puhlic Body rt'cci\e~ bids or proposals for, or oth.'r-
WISt' negotiate" for d propost'd contract which calls for the pcrformanct' of an\ work on the Project which will entail, for sueh
~ork, ttlt' emplo) rnt'nt h" till l:ontractor or his subcontractors of laborers or mechanics, tilt' !'ublie Body shall include in tht>
propol:ied contrad do,ulIHnb dpproprialt' wagt' schedules (including applicable wage d(,terminations of the Seert'tary of Labor.
- 4.
HUD-3180b
(6-69)
United States Department of Labor) and other provisions which are consistent with the provisions embodied in that document
entitled "Federal Labor Standards Provisions" attached hereto marked HUD-3200 and made a part hereof. Such schedules,
wage determinations, and other provisions, as included in such proposed contract documents, shall also be included in the
contract documents as executed. The Public Body will include in each contract mentioned in the preceding sentencc of this
subsection an appropriate provision requiring the contractor to insert in each of his subcontracts which will entail the employ-
ment by such subcontractor of laborers or mechanics, as aforesaid, wage and other provisions which are consistent with such
contractor's contract with the Public Body.
(D) State or Local Laws Concerning Wage Rates for Laborers and Mechanics. If State or local laws require that
laborers or mechanics who are employed by the Public Body's contractors, or by such contractors' subcontractors. in thc
development of the Project, be paid not less than the wages which are established pursuant to such laws and if such wages so
established are higher than the wages which are determined by the Secretary of Labor. Unitcd States Department of Labor,
pursuant to the aforesaid Davis-Bacon Act, to be the wages prevailing in the locality in which the Project is situated, nothing
in this Contract is to be construed as intended to relieve the Public Body of its obligation, if any, to require paymcnt of such
higher wages.
(E) Equal Employment Opportunity
(1) Activities and Contracts Not Subject to Exccutive Order I] 246. In the carrying out of thc Project, the
Public Body will not discriminate against any employee or applicant for employment because of racc, color.
religion, sex or national origin. The Public Body will take affirmative action to ensure that applicants are employed,
and that employees afl' treated durin~ employment, without regard to race, color, religion, sex or national
origin. Such action shall include, but not he limitcd to. the following: employment. upgrading, demotion, or transfer:
recruitment or recruitment advlTtising: layoff or tnmination: rates of payor other forms of compensation: and
selcction for training. IIlcl\ldin~ apprenticl'ship. The Public Body ahrrel~s to post in conspicuous places. availahle to
employeeI' and applicanti' for emplovment. noticf's to be provided by the (;overnment setting forth th(~ provision,;
of this nondiscriminatIOn dause. Thl' Public Bodv will. in all solicitations or advcrtisements for employees placed
hy or on behalf of tlw Public Body. stat I' that all qualified applicants will receive consideration for employment
without rcgard to raCI~, color. reli/!lOn. I'l'X or national origin. The Public Body will incorporate the foregoing rc-
quirements of this subparagraph (I) in all of its contracts for Project work. except wnlracts governed ))\ subparagraph
(2) of this Section I 06(E) and contracts for standard commercial supplies or raw matt'rials. and will requin~ all of its
contractors for such ",ork to incorporate such requirements in all subcontracts for Project work.
(2) Contract~ Subjel:t to EXI:eulive Order 112.lh. The Public Body herehy agrel's that it willmcorporatl' or
cause to be incorporated into an~ l:ontract for construction work. or modification tlll'reof, a~ defined in the regu]a~
lions of thp Secrdary of Lahor at 41 CFf{ Chaptn (10. which i~ paid for in wholl' or in part with funds obtained from
the Federal (;overnment or borrowl~d on the en:dil of the F,'deral (;overnment pursuant to a grant, contract. loan.
insurance, or hruarantee. or undertaken pursuant to any Federal prol!l'am involving such grant, contract, loan. insur-
ance, or guarantl'c. Ihe following ,'qual opportunity clause:
During the performancc of this contract, the contractor agrees as follows:
(I) The contractor will not discriminate against an~ l'mploy.'1' or applicant fOf ,'mploynll'nt IweaUSI' of
race. color. religion. sex. or national origjn. The contractor will takl' affirmalivl' action to insure that
applicants 1re employed. and that employel~s are treat('d durin/! employment without regard to tlll,ir race
color, rcligjon, sex, or national origin. Such action shall indudl'. hut not bl' limitf'd to. the follow in/!: emplo~'.
men.. upgradin/!. demotion, or transfer: recruitment or recruitment advertisin/!: layoff or termination: rates of
payor other forms of compensation: and selection for training, including appn'nticeship. TIll' contral'lor agn'e:,
to post in conspil:uous places, available to I'mployees and applieant~ for employment. notices to l.ll' pfO\ idt'd
by the Public Hody scttin/! forth till' provisions of this nondiscrimination clause.
- 5-
HUD-3180b
(6.69)
(2) nlf' contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualificd applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
(;j) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representative of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24. 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of
Housing and lIrban Development, or pursuant thereto, and will permit access to his books, records, and ac-
counts by thl' Publie Body, the Secretary of Housing and Urban Development, and the Secretary of Labor for
purposcs of invl'stigation to as,~ertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and thl' wntractor may bl' declared ineligible for further Government contracts or federally
assisted ('(InstructIOn umtrad~ m aecordance with procedures authorized in Executive Order 11246 of Septem-
ber 24. 196;), and such lltlwr "andions may be imposed and rc~medies invoked as provided in Executive Order
11246 of ~I'pkrnlll'r 24. 196;). or by rull', regulation, or order of the Secretary of Labor, or as otherwise pro-
vided by law.
(7) The l'Ontraetor will includl' the portion of the sentenee immediately preceding paragraph (I) and
(he provislOm, 01 paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules,
~egulations. or orders of the ~1'1'f(.tary of Labor issued pursuant to Section 204 of Executive Order 11246 of
"eptember 2 +. 196;),80 that sueh provisions will be binding upon each subcontractor or vendor. The con-
tractor will takl' "ud. aetion WIth respect to any subcontract or purchase order as the Public Body or the Sec-
retary uf Iloustnl! and l'rban I )I'vclopmcnt may dirl'ct as a means of enforcing sueh provisions. including sanc-
tio"" for nunnllnpliane,' !'fOnded, bowcver, That. in till' eVI,nt tht. contractor becomes involved in. or is
threatened WIth litIgation with a suhcontractur or vendor as a result of such dIrection hy the Public Body. th,'
contractor may Cl'IJllI'st the 1 'nit,'d Statl's to enter into such litigation to protect the interests of the lmited
States.
The !'uhlie Bod\ furtlwr agre('s that it will Le bound hy the aLove I'')ual opportunity clause with rlOsp!'ct
to its own employm!'nt pral'lic,'s when it participates in f(~derally assish,d construction work: Provided, That
If the Public Both so participating is a ~tatlO or local gow'rnm!'nt, till' above equal opportunity clause is not
applicable to an\, al!,'lwv. instrurlll'ntality or subdivision of such govefllnll"nt which docs not participate in work
onor under tllf' nJlltrad.
T1H' Public Both agr!'l's that it will assist and cooperate al'lIVl'ly with the Secretary of Housing and Urban
Development aliI! lilt' ~('cf('taf) of Labor in obtainmg the compliance of contractors and subcontractors with
the ('qual opportunity claus" and the rules, regulations. and relevant orders of the Secretary of Labor. that it
will furnish th., ""('fI.ta.. olllouslIIg and Urban Development and the ~ecretary of Labor such information as
they may re'jlllfl' lor till' superviSion of such complianec, and that it will otherwise assist the Secretaf) of Hous-
ing and {'rball \)1'\il'lopml'nt m the discharge of his primary responsibility for securing compliance,
~ 6-
.
HUD-3180b
(6-69)
The Public Body further agrees that it will refrain from entering into any contract or contract modifica-
tion subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has
not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant
to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the Secretary of Housing and Urban De-
velopment or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the
Public Body agrees that if it fails or refuses to comply with these undertakings, the Secretary of Housing and
Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant contract; refrain from extending any further assistance to the applicant under the program with
respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been re-
ceived from such Public Body; and refer the case to the Department of J ustic!' for appropriate legal
proceedings.
SEC. 107.
DEFAULTS AND REMEDIES
(A) Termination or Suspension of Contract. The Government may terminate or suspend this Contract at its dis-
cretion upon the happening of any of the following:
(1) The failure of the Public Body to complete the Project within the time prescribed in Section 5 of Part I
of this Contract;
(2) The making of any misrepresentation by the Public Body in its Application or in the furnishing of any
information to the Secretary:
(3) The violation of any of the terms or conditions of this Contract;
(4) Any event which makes the accomplishment of the Project by the Public Body impossible, improbable,
infeasible, or illegal: or
(5) The commencement of any litigation challenging the performance by the Public Body of any of its duties
or obligations which may jeopardize or adversely affect tlw Project, this Contract. or the Grant.
(B) Forfeiture of Grant
(1) If the Public Body should change the usc of the land from the use or uses designated in Section 2(b) of
Part I of this Contract without the prior written approval of the Secretary, or should it transfer its interests in the
land to another Public Body without requiring the transferee to exe('utf~ the contract with the Secretary provided for
by Section 104(E) of this Part II, the Public Body shall at the request of tlw Secretary repay to the Government the
amount of the Grant.
(2) For any other violation of any of the terms of this Contract, the Secff,tary may. in addition to such other
remedies as may exist at law or in equity, require repay ment of all or part of tllf' C rant to till' Government.
(C) When Rights and Remedies Not Waived. In no event shall the making by tll(' (;ovcrnmcnt of any Grant payment
to the Public Body constitute or he construed as a waiver by the Government of any breaeh of covenant or any default which
may then exist on the part of the Public Body, and the making of any surh payment by the Government while any such hreaeh
or default shall exist shall in no wise impair or prejudice any right or remedy available to LIIf' (:overnment in respect of such
breach or default.
-7 -
HUD-318Ob
(6.69)
SEC. 108.
MISCELLANEOUS PROVISIONS
(A) Interest of Public Body Personnel and Other Local Public Officials. The Public Body shall adopt and enforce
measures to assure that no member of its governing body and no other officer or employee of the Public Body and no member
of the governing body or other public official of any other local public body in the urban area in which the Project is situated,
who exercises any functions or responsibilities in connection with the carrying out of the Project, shall, prior to the comple-
tion of the Project, voluntarily acquire any personal interest, direct or indirect, in any property included in the Project or in
any contract or proposed contract in connection with the undertaking of the Project. If any such member, employee, or
officer presently owns or controls, or in the future involuntarily acquires, any such personal interest, he shall immediately
disclose such interest to the Public Body. Any member, employee, or officer who shall have or acquire such interest shall
not participate in any action by the Public Body affecting the undertaking of the Project, unless the Public Body shall de-
termine that, in the light of the personal interest disclosed, the participation of such individual in any such action would not
be contrary to the public interest. The Public Body shall promptly advise the Secretary of the facts and circumstances con-
cerning any disclosure made to it pursuant to this provision and the action taken by the Public Body upon being made aware
of said facts and circumstances.
(B) Interest of Certain Federal Officials. No Member of or Delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise from the same.
(C) Bonus or Commission. The Public Body shall not pay any bonus or commission for the purpose of obtaining
the Secretary's approval of the Application or any other approval by the Secretary which may be necessary under this Contract.
(D) Government Not Obligated to Third Parties. The Government shall not be obligated or liable under this Con-
tract to any party other than the Public Body.
(E) How Contract Affected by Provisions Being Held Invalid. If any provision of this Contract is held invalid, the
remainder qf this Contract shall not be affected thereby if it is in conformity with the terms and requirements of applicable
law.
(F) Provisions Concerning Certain 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 Covernment, this Contract,
as so modified. will. still conform to the provisions and requirements of applicable laws.
215395-P (Rev 6.69)
HUD-Wash., D.C.
1971 /94-022/5315
- H-
HUD-3200
(8-69)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of
America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions ap-
plicable to such Federal assistance.
2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS
(
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not
less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full
amounts due at time of paymcnt computed at wage rates not less than those contained in the wage determination decision of
said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual re-
lationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All
laborers and mechanics employed upon such work shall be paid 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 1 (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 S.S(a)(I)(iv) of Title 29, Code of Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs,
but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
.
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by
the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition
to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the
Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Pub-
lic Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respec.
tive laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe
benefit prescribed in the applicable wage determination.
4. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program
of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract:
Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable stand-
ards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of
Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public
Body with the first payroll filed by the Contractor subsequent to receipt of the findings.
-1-
HUD.3200
(8-69)
5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS
ACT (76 Stat. 357-360; Title 40 V.S.c., Sections 327-332)
(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may
require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or
in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40
hours in such workweek, as the case may be.
(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his un-
paid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause
set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to
work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph (a).
l
1
.
(c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be with-
held, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may admin-
istratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages
as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of
this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they
may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made.
6. EMPLOYMENT OF APPRENTICES
Apprentices will be permitted to perform work covered by this Contract only under a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by the Bureau of Apprenticeship and Training, United
States Department of Labor, or, if no such recognized Agency exists in a State, under a program registered with the Bureau of
Apprenticeship and Training. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater
than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a
payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of
Labor, United States Department of Labor, for the classification of work he actually performed. The Contractor or subcon-
tractor shall furnish the Local Public Agency or Public Body with written evidence of the registration of his program and ap-
prentices, as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on
the contract work.
7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by
reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act"
ofJune 13, 1934(48 Stat. 948; 62 Stat. 862; Title 18 U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amend-
ments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewitl
-2-
,
HUD-3200
(8-69)
by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors there-
under, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemp-
tions from the requirements thereof.
9. EMPWYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
,
Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the
Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body,
and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of
Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested
parties cannot agrec on the proper classification or reclassification of a particular class of laborers and mechanics to be used,
the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the
Secretary of Housing and Urban Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for
a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is
obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommenda-
tion of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development,
to the Secretary of Labor for determination.
11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage de-
termination deci~ons 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 aetually earned by persons so employed or to be employed in
such classifications, shall be posted at appropriate conspicuous points at the site of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable
shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such em-
ployee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in
any proceeding under or relating to the labor standards applicable under this Contraet to his employer.
13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work
covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect thereto.
14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-
Kickback Act, (b) the Contract Work Hours Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any
-3-
HUD-3200
(8-69)
other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of
Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appro-
priate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract.
IS. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Pub-
lic Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood
that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll
shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed
upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3
years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his cor-
rect classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (h) (2)
of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition,
whenever the Secretary of Labor has found under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the
wages of any laborer or mechanic include the amount of any costs resonably anticipated in providing benefits under a plan
or program described in Section 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. The Contractor and each subcontractor shall make
his employment records with respect to persons employed by him upon the work covered by this Contract available for in-
spection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or
Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of
the Contractor or of any subcontractor during working hours on the job.
,
I
"
16. SPECIFIC COVERAGE OF CERTAIN lYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains
by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, sup-
plies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Con-
tractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing
provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable.
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be
further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The
Local Public Agency or Public Body will not approve any subcontractor for 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 Con-
tract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcon-
tractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring
such insertion in any further subcontracts that may in turn be made.
-4-
HUD-3200
(8-69)
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 States Department of Labor.
I
-5-
HUD-3200
(8-69)
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO 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 EMPLOYEES
J
'i
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatso- .
ever induces any person employed in the construction, prosecution, completion or repair of any public building, public work,
or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the com-
pensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862,
63 Stat. 108, 72 Stat. 967,40 U.S.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall
apply to such statements.
---xxx---
Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promul-
gated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations,
Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said reg-
ulations are as follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards
and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works
financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the
minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-assisted construction that
contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14
-6-
HUD-3200
(8-69)
(e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction
work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll de-
ductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power-
lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters,
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnish-
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials,
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are
man ufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, com-
pletion, or repair, as defined above, a Federal agency is a contracting party, regardless 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 build-
ing or work for whose construction, prosecution, completion, or repair, as defined 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 loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants
from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employer.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or sub-
contractor; a partner or officer of the contractor or subcontractor: a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, in-
dependent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia,
including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such employees.
-7-
HUD-3200
(8-69)
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public
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 29 CFR
Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcon-
tractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and
shall be on form WH 348, "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Con-
tractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from
the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing
Office.
( c) The requirements of this section shall not apply to any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of
Labor may specify.
.
[29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968]
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under ~ 3.3 shall be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the
site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work,
the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting
for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof,
shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures
prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual
wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized
representative, and by authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment
is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or
its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the
advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.
-8-
HUD-3200
(8-69)
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representatives of employees, or both, for the prupose of providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or
disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards
are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided far in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(1) 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 Funds, and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments:
Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its
employecs 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 require-
ments of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction
is made the additional records required under ~ 516.27 (a) of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not per-
mitted under ~ 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from
the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees; and
(d) The deduction serves the convenience and interest of the employee.
-9-
HUD-3200
(8-691
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under ~ 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be addressed to the Secretary of Labor.
(b) The application shall identify the contract or contracts under which the work in question is to be performed. Per-
mission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances.
(c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of
~ 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
(d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed deduction would be made.
to
(e) The application shall state the name and business of any third person to whom any funds obtained from the pro-
posed deductions are to be transmitted and the affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of ~ 3.6;
and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found to be permissible under ~ 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensa-
tion for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public
work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in
this part shall exprcssly bind the contractor or subcontractor to comply with such of the regulations in this part as may be ap-
plicable. In this regard, see ~ 5.5 (a) of this subtitle.
-lD-
'* u. S, GOVERNMENT PRINTING OFFICE: 19710 - 434-828 (60)
U.S. DEPARTMENT OF HOUSING AND URBMt DEVELOPMENT
AMENDMENT TO FEDERAL LABOR STANDARDS PROVISIONS
(For use with each and every invitation for bids, every
negotiation, request for proposals, or request for
quotations for a Federal or federally assisted construc-
tion contract issued after January 30, 1972, and to
every such contract entered into on the basis of such
invitation or negotiation.)
Section 60f Form HUD-3200 is revised to read as follows:
6. EMPLOYMENT OF APPRENTICES AND TRAINEES
(a> Apprentices. Apprentices will be permitted to work as
such only when they are registered, individually, under a bona
fide apprenticeship program registered with a State apprenticeship
agency which is recognized by the Bureau of Apprenticeship and
Training, U.S. Department of Labor; or, if no such recognized
agency exists in a State, under a program registered with the
Bureau of Apprenticeship and Training, U.S. Department of Labor.
The allowable ratio of apprentices to journeyw.en in any craft
classification shall not be greater than the ratio permitted to
the contractor as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice wage
rate, who is not a trainee as defined in subdivision (b) of this
subparagraph or is not registered as above, shall be paid the wage
rate determined by the Secretary of Labor for the classification
of work he actually performed. The contractor or subcontractor
will be required to furnish to the contracting officer written
evidence of the registration of his program and apprentices as
well as of the approp~iate ratios and wage rates, for the area
of construction prior to using any apprentices on the contract
work.
(b) Trainees. Trainees will be permitted to work as such
when they are bona fide trainees employed pursuant to a program
approved by the U.S. Department of Labor, Manpower Administration,
. Bureau of ApprenticesMp and Training, and, where subdivision (iii)
of this subparagraph is applicable, in accordance with the provisions
of Part Sa of this subtitle.
(c) The phrase "laborer or mechanic" as used in HUD 3200
shall include for Federal Lahor Standards Provisions purposes the
categories of apprentices and trainees.
. '
AMENDMENT TO FEDERAL LABOR STANDARDS PBOVISIONS
(For use with each and every Federal or federally
&Bsisted construction contract in excess of
$10.000. )
Section 6 is revised to read as follows:
Insert as (d) the following:
(d)(l) In compliance with 29 C.F.R. 15a.3 as amended. the
contractor agrees:
(i) That he will make a diligent effort to hire for the
performance of the contract a number of apprentices or trainees. or
both. in each occupation. which bears to the average number of the
journe,.-n in that occupation to be employed in the perforaance of
the contract the applicable ratio as determined by the Secretary of
Labor;
(ii) That he will assure that 25 percent of such apprentices
or trainees in each occupation are in their first year of training.
where feasible. Feasibility here involves a consideration of (a) the
availability of training opportunities for first year apprentices.
(b) the hazardous nature of the work for beginning workers. (c) ex-
cessive unemployment or apprentices in their second and subsequent
years of training.
(iti) That during the performance of the contract he will.
to the greatest extent possible. employ the nUllber of apprentices or
trainees necessary to meet currently the requirements of subdivisions
(1) and (it) of this subparagraph.
(2) The contractor agrees to maintain records of employment by
trade of the number of apprentices and trainees. apprentices and
trainees by first year of training, and of journeymen, and the wages
paid and hours of work of such apprentices. trainees and journeymen.
The contractor agrees to make these records available for inspection
upon request of the Department of Labor and the Federal agency con-
cerned .
(3) The contractor who claims compliance based on the criterion
stated in 15a.4(b) agrees to maintain records of employment. as des-
cribed in 15a.3(a)(2). on non-Federal and nonfederally assisted
construction work done during the performance of this contract
in the same labor market area. The contractor agrees to make these
records available for inspection upon request of the Department of
Labor and the Federal agency concerned.
,.
(4) The contractor agrees to supply one copy of the written
notices required in accordance with '5a.4(c) at the request of
Federal agency compliance officers. The contractor also agrees to
supply at 3-month intervals during performance of the contract and
after completion of contract performance a statement describing
steps taken toward making a diligent effort and containing a
breakdown by craft, of hours worked and wages paid for first year
apprentices and trainees, other apprentices and trainees, and
journeyMn. One copy of the statement will be sent to the agency
concerned, and one to the Secretary of Labor.
(5) The contractor agrees to insert in any subcontract under
this contract the requirements contained in this paragraph (29 CFR
5a.3(a) (1), (2), (3), (4), and (5)]. Sections 5a.4, 5a.5, 5a.6,
and 5a.7 shall also be attached to each such contract for the
information of the contractor. The term "contractor" as used in
such clauses in any subcontract shall mean the subcontractor.
(b) The provisions of paragraph (a> of this section shall not
apply with regard to any contract, if the head of the Federal agency
concerned finds it likely that making of the contract with the
claus.. contained in paraaraph <a) of this section will prejudice
the national security.
Effective date. The provisions of this part shall be applicable
to every invitation for bids, and to every negotiation, request for
proposals, or request for quotations, for a Federal or federally
assisted construction contract, issued after January 30, 1972, and
to every such contract entered into on the basis of such invitation
or negotiation.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AMENDMENT TO FEDERAL LABOR STANDARDS PROVISIONS
(For use with each and every Federal or federally
assisted construction contract in excess of
$10,000. )
Federal Labor Standards Provisions Attachments are amended by the
addition of the following excerpt from 29 CFR 85a.4 et. sec.
29 CFR 85a.4, 15a.5, i5a.6, 15a.7
15a.4 Criteria for measuring diligent effort.
A contractor will be deemed to have made a "diligent effort" as re-
quired by 15a.3 if during the performance of his contract he accomplishes
at least one of the following three objectives:
(a) The contractor employs on this project a number of apprentices
and trainees by craft as required by the contract clauses at least
equal to the ratios established in accordance with 15a.5.
(b) The contractor employs on all his public and private, construc-
tion work combined in the labor market area of this project, an
average number of apprentices and trainees by craft as required by
the contract clauses, at least equal to the ratios established in
accordance with 15a.5.
(c) (1) Before commencement of work on the project, the contractor
if covered by a collective bargaining agreement will give written
notice to all joint apprenticeship committees: the local U. S.
Employment Security Office; local chapter of the Urban League,
Workers Defense League, or other local organization concerned with
minority employment; and the Bureau of Apprenticeship and Training
Representative, U.S. Department of Labor, for the locality. The
Contractor if not covered by a collective bargaining agreement will
give written notice to all the groups stated above except joint'
apprenticeship committees; this contractor also will notify all
non-joint apprenticeship sponsors in the labor market area.
(2) The notice will include at least the contractor's name and
address, the job site address, value of contract, expected starting
and completion dates, the estimated average number of employees in
each occupation to be employ~d over the duration of the contract,
and a statement of his willingness to employ a number of apprentices
and trainees at least equal to the ratios established in
accordance with 15a.5.
(3) The contractor must employ all qualified applicants referred
to him through normal channels (such as the Employment Service, the
Joint Apprenticeship Committees and, where applicable, minority
organizations and apprentice outreach programs who have been dele-
gated this function) at least up to the number of such apprentices
and trainees required by the applicable provision of Isa.s.
Isa.s Determination of ratios of apprentices or trainees to journey-
men.
The Secretary of Labor has determined that the applicable ratios of
apprentices and trainees to journeymen in any occupation shall be 88
follows:
(a) In any occupation the applicable ratio of apprentices and
trainees to journeymen shall be equal to the predominant ratio for
the occupation in the area where the cons truction is to be under-
taken, set forth in collective bargaining agreements or other
eaployment agreements, and available through the Regional Manager
for the Bureau of Apprenticeship and Training for the applicable
area.
(b) For any occupation for which no such ratio is found, the ratio
of apprentices and trainees to journe,.n shall be determined by
the contractor in accordance with the recommendations set forth in
the standards of the National Joint Apprentice Committee for the
occupation, which are filed with the U.S. Department of Labor's
Bureau of Apprenticeship and Training.
(c) For any occupation for which no such recommendations are
found, the ratio of apprentices and trainees to journeymen shall
be at least one apprentice or trainee for every five journeymen.
152.6 Variations, tolerances, and exemptions.
Variations, tolerances, and exemptions from any requirement of
this part with respect to any contract or subcontract may be
granted when such action is necessary and proper in the public
interest, or to prevent injustice, or undue hardship. A request
for a variation, tolerance, or exemption may be made in writing
by any interested person to the Secretary, U.S. Department of
Labor, Washington, D.C. 20210.
Isa.7 Enforcement.
<a) Each Federal agency concerned shall insure that the contract
clauses required by Isa.3(a) are inserted in every Federal or
federally assisted construction contract subject thereto. Federal
agencies administering assistance programs for construction work
-2-
.
,
for which they do not contract directly shall ,promulgate regu-
lations and procedures necessary to insure that contracts for the
construction work subject to 15a.3(a) will contain the clauses
required thereby.
(b) Enforcement activities, including the investigation of
complaints of violations, to assure compliance with the require-
ments of this part, shall be the primary duty of the Federal
agency awarding the contract or providing the Federal assistance.
The Department of Labor will coordinate its efforts with the
Federal agencies, as may be necessary, to assure consistent
enforcement of the requirements of this part. Enforcement of
these provisions shall be in accordance with the procedures
outlined in 15.6 of Part 5 of this subtitle.
Effective date. The provisions of this part shall be applicable
to every invitation for bids, and to every negotiation, request
for proposals, or request for quotations, for a Federal or
federally assisted construction contract, issued after January
30, 1972, and to every such contract entered into on the basis
of such invitation or negotiation.
-3-
...
.>~
HUD- 6620 (0 8$le l)
U.S. DEPARTMENT OF HOUSING AND URBAN THESE SPACES FOR USE BY HUD
DEVELOPMENT Appropriation eymbol HUD echedule number
Open-Space Land Program
Amount HUD voucher number
REQUISITION FOR GRANT PAYMENT
(Please refer to inetruction eheet $
Date paid
before preparing this requisition.)
A. IDENTIFICATION DATA
1.'1 Legal name and complete mailing addrees of public body 3. Project number
(Include ZIP code.) CAL IF -0SA..174
CI ty of Gilroy, a ,"",Ielpal corporation 4. Contract numtlr
PoIt Office .. 66 CALIF-0SA-27 G)
Gilroy, California 95010 5. Requisition number
Final
2. Project name (if any) 6. Data herein are computed
North.I. 'ark 88 of 11127/70, F .o.w.
B. COMPUTATION OF PAYMENT
Requi s1 tion for (check one) Appropriate amounts Other amounts
for develoDed land sites
( ) Total Partial grant payment For use by For use by For use by For use by
grant ( ) Initial public body HUD public body HUD
payment ( ) Interim
( X) Final Column (a) Column (b) Column (c) Column (d)
PROJECT GRANT $ $ $ $
1. Latest HUD-approved estimate of
total project costs (excluding 209 ,216.00
relocation payments)
2. Total expenditures to date for 197,~39.S~
project costs (excluding relocation
payments) Include full amount of
i f.... of f .__ 1 4 ,. .),.1 ..
3. Maximum project grant set forth in 1 0It ,608. 00
contract
4. Aggregate grant payment permissible
( ) 207- ( ) 307. ( X )507. $ 98,719.77
of amount on Line 2, but NOT IN
EXCESS OF AMOUNT ON LINE 3
5. Project grant payment(s) received
under previous requisition(s), -0-
(Cumulative)
6. Project grant payable under this
requisition (Line 4 minus Line 5) $ ,a,71'.77
RELOCATION GRANT $ $ $ $
7. Maximum relocation grait set forth 13,816.00
in contract * ..n4id /3170
8. Total amount of relocation $ 22,015.00
payments made to date
9. Relocation grant payment(s)
received under previous requisi- -0-
tion(s), (Cumulative)
10. Relocation grant payable under this . 22,015.00
requieition (line 8 minus Line 9,
but NOT IN EXCESS OF AMOUNT ON
LINE 7
11. Total grant payment $ 120,734.77
(Sum of Linea 6 and 10)
12. If applicable. amount of inspection . . . . . . . . . . . . . . . . . . .
fee to be deducted by HUD from -0- . . . . . . . . . . . . . . . . . . .
firet approved grant payment
.
HUD-6620 (page 2)
C. JUSTIFICATION FOR PARTIAL PAYMENT
(Complete this block only if "Partial Payment" is
checked in Block B above.)
Column (e)
For use by
public body.
Sum of
Cols. (a) and (c)
Column (f)
For use by
HUD.
Sum of
Cols. (b) and (d)
13. Total estimated costs and payments
(Sum of Lines 1 and 7)
$23'.031.00
14. Total expenditures to date
(Sum of Lines 2 and 8)
$219.454.54
15. Line 14 divided by Line 13
94.2 1.
%
D. OPINION OF PUBLIC BODY'S COUNSEL
To the best of my knowledge:
1. The Public Body has adhered to all terms of the contract cited above in its represen-
tations to the Department of Housing and Urban Development in connection therewith.
and to all applicable requirements of State and local law governing its activities.
2. In any case where this requisition for payment covers costs expended for the acquisition
of land, the Public Body had not. prior to the date of notification to the Public Body
of HUD authorization for acquisition of the land. acquired title to the land. or execute
a binding purchase agreement. or instituted a condemnation proceeding. with respect to
the land.
3. In any case where this requisition for payment covers costs expended for development
activities on open-space land. the Public Body had not, prior to the date of notificatio
to the Public Body of HUD authorization for the commencement of development activities,
commenced development activities on the land. or executed a contract or work order for
the development activities.
Check one of the following:
4. (X) This requisition for payment under the contract is legal and valid. and there is
no pending or threatened litigation, in either Federal or State courts, challenging
the authority of the Public Body to enter into the contract or to carry out the
activities described therein.
5. ( ) This requisition for payment under the contract is legal and valid, but litigation
is pending and/or threatened challenging the authority of the Public Body to enter
into the contract and/or to carry out the project activities described therein.
This litigation is explained in an attached/statement.
Date
/~,ll.r!k~. I((/~
.e [po-;:: ~
, 1127/70
Iruce M. Jacebi
Type or print name of local counsel
CI ty Atter"ey
Title of local counsel
E. REQUISITION AND CERTIFICATE OF PUBLIC BODY
The Public Body hereby requests a payment on account of the grant under the contract cited
above and in the amount shown on Line B-ll above. and the undersigned officer certifies
that (1) all information contained herein and submitted herewith is true. correct. and
complete; (2) all project activities have been carried out in accordance with the contract
cited above and the pertinent regulations of the Department of Housing and Urban Develop-
ment; (3) the amount shown on Line B-2 above was expended for activities eligible under the
contract; and (4) the amount shown on Line B-8 above Cllsbursed f r relocation payments
made to eligible claimants.
Date
11117/70
Fred O. Wood
City AdMlnl.trator
Type or print name of authorized officer
Title of authorized officer
;
f'
HUD-6620 (page 3)
ALL SPACES BELOW ARE FOR USE BY THE DEPAR'lMENT OF HOUSING AND URBAN DEVELOPMENT
F. OPINION OF REGIONAL COUNSEL
I have examined this requisition and the supporting documents. Based up.n
the information presented to me and the available Regional Office records,
it is my opinion that the legal conditions precedent to the grant payment
under the contract cited above and in the amount entered below have been
complied with (or appropriately waived), and that there is no legal objection
to the proposed payment.
Date
Regional Counsel, Region 6
G. APPROVAL OF HUD
Approved for payment, in the total amount of $
(Line 11, sum of Columns (b) and (d) ), for:
( ) Partial payment.
( ) Total or final payment. Cancel any undisbursed remainder.
Date
Assistant Regional Administrator for
Metropolitan Development, Region 6
H. EXPLANATION OF ANY DIFFERENCES BETWEEN AMOUNTS SUBMITTED BY THE PUBLIC BODY
AND AMOUNTS APPROVED BY HUD
I. CERTIFICATION OF GRANT PAYMENT
The approved amount shown in Block G above has been certified for payment.
By
Date
Accounting Operations Division
Office of Financial Systems and Services
/~~~~r~r +\
~ * ~llollc~ * Q
\1111/
0"0)3..,3Q tl....~
DEPARTMENT OF HOUSING AND UR8AN DEVELOPMENT
AREA OFFICE
ONE EMBARCADERO CENTER, SUITE 1600
SAN FRANCISCO, CA LI FORNIA 94111
AREA OFFICES:
Los Angeles, Cali(ornia
San Francisco, California
REGION IX
REGIONA L OFFICE
SAN FRANCISCO, CALIFORNIA
~WR 2 9 1971 '
MAY 6 1971
IN REPLY REFER TO:
9.1PM-C
.
Mr. Fred o. Wood
City Administrator
City of Gilroy
P.O. Box 66
Gilroy, California 95020
Dear Mr. Hood:
Subject: Project No. Calif. OSA-274
Open Space Program
The requisition for final grant payment under the project number
noted above has been approved in the amount of $121,231.77.
It is anticipated that a check, drawn on the Treasurer of the
United States in favor of your agency, will be mailed directly
to the bank account previously designated by you. You may expect
the check to be deposited in your account within two weeks.
I am enclosing a copy of the approved requisition so that you may
understand the computation of the payment. Please note the amount
requested and the amount approved.
If you have any further questions, my office will be pleased to
assist you.
rely,
;J~~
ames H. Price
Area Director
Enclosure
.-""'"
'.,,: t_~"'\_ {.. ?::, 'C'.'. i,' 7"..r r, '\
.,' ~. - _. ".~. .....!~"L.~........__.,._.<..."...,_,~..~"'-.,,_.'".
. ~.';""'i._'"'"""'''''"''___'''_~''<>'''''''''''.'''''''_1_''.'''''''. <":>1'._';>1&''''''>/;''''''. .. '.e~,_ ~... ~'...~"
~ ..., r. .c ~ .'- ..~._, " '-"".-" , 1
l~. s. D!I:'A1('l1"li.:NT OF HOUSING AND tiMAN TH!:SE SPJ..CES rrn. OCt' BY HUD
U"". J
DEVELOPMENT Appropriation .ymhol HUD .chedule number
Open-Space Land Program ~ It,'i Olll '1..- () .:s '2 -1/
Amount HUD voucher number
REQUISITION FOR GRANT PAYMENT 2J--G,
$ l21.7.. 31,'7 2../1/
(Ple!'lse refer to tnatrl.lction .heet
before preparing this requhition.) Date paid ./
:; - 10. 7 I
A. IDENTIFICATION DATA
. - --
l. , Legal name and complete mailing .ddreu of public body 3. Project number
(Include ZIP code. ) CALIF-OSA-274
--
City of Gilroy, a municipal corporation I. . 03ntract number
Post Office Box 66 CALIF..OSA-274(G)
Gilroy, California 95020
5. Requisi tion number
Final -l
2. Project name (if any) 6. nata herein .re computed I
Northside Park all of 11/20/70, F.O.H. I
B. COMPUTATION OF PAYMENT
Requisition for (check one) Approprhte --I
amou n t s Other A1I10unt8 I
for developed land lites
( ) Total Partial grlmt payment For use by For use by I For use by For use by j
grant ( ) Illitial public body HUD public bodj' mJD I
paymE:nt ( ) Interim
( ) Final ColWlUl (a) Column (b) Column (c) Colwim (d)
PROJ ECT GRANT $ $ $ $
1. Latest HUD-ftpproved estimate of
total project costs (excluding
relocation payments) 209,216.00 209,215.00
2. Total expenditures to date for
project costs (excluding relocation
pa)~ents) Include full amount of 197,439.54 196,l~69.54 1) I
~n~ ~"'r;n fpp if n"nl~,..hl..
3 . Maximum project grant set forth in !
104,608.00 10l~, 608.00
contract
4. permissible --
Aggregat.e grant payment
( ) 207- ( )307. ( )507. $ 98,719.77 98,234.77 2)
of 81110unt on L'ine 2, but NOT IN
EXCESS OF ~~OUNT ON LINE 3
I
5. Project grant payment(s) received
under previous requisition(s) . ..0.. ..0..
(Cumulative)
6. Project grant payable under this I
requisition (Line 4 minus Line 5) $ 98,719.77 98,234.77 "4
~.
RELOCATION GRANT $ 23,816.00 $ 23,816.00 $ $
7. Maximum relocation grant set forth
in contrllct
8. Total amount of relocation
psyments msde to date $ 22,997.00 22,997.00
i----.
9. Relocation grant payment(a)
received under previous requisi-
l_ tion(s) . (Cumulllti ve) -0- -0..
I ~--1
10. Relocation grant: play~ble Uha~r ..\"'-4 ~ (i
...,....u ~ p
requillition (line 8 t::d nUl! IJine 9, $ 22.997.00~ 22,997.01
but NOT IH EXCESS OF AMOUNT ON ~ ~
LINE -. ~~-- r
i n
~J"-','~
11. Total grant pllyment $121,716.77 $1 ? 1 .., 3 J i -,., )
(SUlll of Linea 6 .!lod 10) ~.. .'. ) ~ - . f Ji,:~ L .
~
-----
12. If tipplicnble. om,ount of inopection !.
,
i
fee to be deducted by HUD from -0.. ..0- i'
first ~pproved grant paytt'ent r
...,...,.,..r~~-'''''-'''''''P' ...----...~~ ~..-iiiE &il- ~"
'l\l1El.Ua'da_TIWiR ~
~
HUD-6620 (page 2)
r
C. JUSTIFICATION FOR PARTIAL PAYMENT
(Complete this block only if "Partial Payment" is
checked in Block B above.)
ColUl:ln (e)
F'or use by
public body.
Sum 0 f
Cols. (e) and (c)
Column (f)
For use by
HUD.
Sum of
Cols. (b) and
(d)
13. Total estimated costs and payments
(Sum of Lines 1 and 7)
$233,032.00
$233,032.00
14. Total expenditures to date
(Sum of Lines 2 and 8)
$220,436,54
$219t466..5l~
15. Line 14 divided by Line 13
94.6 'Y.
9lfo 2 '7.
D. OPINION OF PUBLIC BODY.S COUNSEL
To the best of my knowledge:
1. The Public Body has adhered to all terms of the contract cited above in its represen-
tations to the Department of Housing and Urban Development in connection therewith,
and to all appliceble requirements of State and local law governing its activities.
2. In any case where this requisition for payment covers costs ~xpended for the acquisition
of land. the Public Body had not. prior to the date of notification to the Public Body
of HUD authorization for acquisition of the land, acquired title to the land. or executec
a binding purchase agreement, or instituted a condemnation proceeding, with respect to
the land.
3. In any case where this requisition for payment covers costs expended for development
activities on open-space land. the Public Body had not. prior to the date of notificatior
to the Public Body of HUD authorization for the commencement of development activities.
commenced development activities on the land, or executed a contract or work order for
the development activities.
Check one of the following:
4. (X) This requisition for payment u.nder the contract is legal Bnd valid, and there is
no pending or threatened litigation, in either Federal or State courts, challenging
the authority of the Public Body to enter into the contrnct or to carry out the
activities described therein.
5. (
) This requisition for payment under the contract is legal and valid, but 11tiga(i011
is pending and/or threatened challenging the authority of the Public Body to enter
into the contract and/or to carry out the project activities described therein.
This litigation is explained in an attached statement. ;
--- /fl/...\ / / // / /
// ;. /' j, !
~ (Ii / (...1.' //",,/_'
1(' ""/(:"l-. 'l.\" L-' ,.. '
.' .- - " . '{- . \,.., [' . ..~
Signature of attor.ney-at-law
/
11/27170
Date
/
Bruce M. Jacobs
Type or print name' of local counsel
City Attorney >_
Title of local counsel
E. REQUISITION AND CERTIFICATE OF PUBLIC BODY
The Public Body hereby requests a payment on account of the grB~t under the contract cited
above and in the amount shown on Line B-ll above. and the under~igned officer certifies
that (1) all information contained herein and submitted herewith is true, correct, and
complete; (2) all project activities have beEtl carried cut in accordance with the contract
cited above and the pertinent regulations of the Department of Housing and Urban Develop-
ment; (3) the amount shown on Line B-2 above was expended for activities eligible under the
contract; and (4) the amount shown on Line B-8 above ~ss-disbur:ed fonrelocation payments
made to eligible claiman". / (..'/.'~ /. /.;' ) '
11/2 7/70 //~r~I-(; ((4/.1 /~' '
Date //' S'ig~atur~-of \~~thoriz~'d officer
Fred O. Wood
Type or print name of authorized officer
City Administc~tor
Title of au, norized officer
. ,
HUD-6620 (page 3)
,.
j
ALL SPACES BELOW ARE FOR USE BY ntE DEPARtMENT OF HOUSING AND URBAN DEVELOPMENT
F. OPINION OF AREA
~OUNSEL
I have examined this requisition and the supporting documents. Based upen
the information presented to me and the available AREA Office record.,
it is my opinion that the legal conditions precedent to the grant payment
under the contract cited above and in the amount entered below have been
complied with (or appropriately waived), and that there is no legal objection
to the proposed payment.
a;/7A.--r/.:<~ /7//
/' Date
/~
;~ ~ ~:;.
,/ /
, r AREA COUNSEL /
G. APPROVAL OF HUn
Approved for payment, in the total amount of $ 121,231.77
(Line 11, sum of Columns (b) and (d) ), for:
( ) Partial payment.
&x) Total or final payment.
Cancel any undisbursed remainder.
Date
Original Signed by
~AMES H. PRICE
AREA DIRECTOR
APR 29 1911
H. EXPLANATION OF ANY DIFFERENCES BETWEEN AMOUNTS SUBMITTED BY ntE PUBLIC BODY
AND AMOUNTS APPROVED BY HUD
1) Il.,...u.. Ie ...... .f ....1...,......1 .......... ""IR'- ., _ _
April 'I. 1"'. .... _ ..1....... ......., .... ... ..l'tll..... .f '......1
_Me. ..... ...... ..... ."II.ttllI ..... 1.. 2.
'oul , ;......... 197."'.54
.... MelilA"
....
beal .IC.....
....teet.... ..."....54
2) Ie...,.. _&fa adjwt...ta ~ ., 1).
'__1 31 '''.GO
,...1 '5 ...AZLa...
Total ~
--11LI1
I. CERTIFICATION OF GRANT PAYMENT
The approved amount shown in Block G above has been certified for payment.
Original signed by
By Diana Leong
Accounting Operations Division
Office of Financial Systems and Services
MAY 6 1911
Date
'.
"
b
.'\:
UNITED STATES OF PJ'lliRICA
DEPARTI1ENT OF ROUSINGj,ND URBAN DEVELOPHENT
FIRST ANENDATORY CO:'rT&\Gr A1:iIENDING A CONTRACT FOR GRANT
TO .t.CQUD.E LAJm FOR OPEN-SPACE PURPOSES UlmER
TITLE VII OF THE }-IOUSING A':Jr OF 1961, AS AHENDED
Project No. Calif. OSD-475
Contrnct No. Calif. OSD-475(G)
THIS FIRST Al1ENDATORY COi'YrRACT made and entered into on the aate herein-
below specified, by and betvicen the City or Gilroy (herein called the "Pub lie
Body") ano the United StCites of ),merica (rll?rein called the IGovenll1ient") ,
~nTNES SET~I:
HHEREAS, the parties hereto entered into that sertain Contract for Grctnt
To Acquire Cpen-S~aee Land No. Calif. OSD-475(G) dated the 21st day of June,
1971 (herein called the "Existing Contract"), and it no,.) appears that the
E}dsting Cont:raet should be ",uendec1:
N01:'], TlmRET<'ORE, in concic1e;:ation of the ElutEa1 coven<1nts, pt'omJ..scs, anG
representations contnincd herein and in the Existin2 contract, the parties
he:ceto do agree 3S fol.Lo\Js:
1. The E~dst:Lng Contra::t ii3 hereby amended 28 follc1\vs:
a. By deleting in ~~ction 3 the BDount of $70,000 and inserting
in li.eu thereof the D:ll()Unt cf $10:J,570.
'-...
IN WITNESS l~ISUEOF, the p~~]ie Eody haG caused t~is ~ontract to be
..~
...
"
'''"
"-~
'~
~
'~
-~
.........................
...".............
"..
-~
'~
duly executed in its behalf and its
and, thereafter, the Government has
its behalf this ~ day
(SEAL)
.t'lTTEST:
,( r
~~tt~ (p. i
(SJ.gnature)
,9ity C:1~::cl:
(T ~ c' 1 c'. \
_..L. __ /
/
1
"
.'l
2
seal to be hereunto affixed and attested;
caused the same to be duly executed in
oiu Aj~' · 1971.
CIT . OF GILROY
By ?t~6~4'/I
(S:i!gnature)
NORMAN B. GOODRICH
(Type or Print l:ame)
Ma yor
(Tit Ie)
UI:ITED ST.ATES 01? A.l.D~RI~A
Sec.retary of Housing and Urban DevC'~.op'nent
It
JUL 19 1971
""ENf OJ:'
IJ'" ~ "'0
o ""
~.*~ *%
...' II :
~ 0
+00: ..~
O)~J\3Q "...
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AREA OFFICE
ONE EMBARCADERO CENTER, SUITE 1600
SAN FRANCISCO, CALIFORNIA 94111
AREA OFFICES:
Los Angeles, California
San Francisco, California
REGION IX
REGIONA L OFFICE
SAN FRANCISCO, CALIFORNIA
IN REPLY REFER TO:
San Francisco Area Office
9.1G
.
JUN 28 1971
Mr. Fred O. Wood
City Administrator
City of Gilroy
P.O. Box 66
Gilroy, California 95020
Dear Mr. Wood:
Subject: Project No. Ca1if-OSD-475
Contract No. Ca1if-OSD-475(G)
First Amenda.tory Contract
There are enclosed three separately bound, undated counterparts of the above-
identified proposed Contract for Grant to Acquire And/Or Develop Open-Space
Land, providing for a grant of Federal funds under Title VII of the Housing
Act of 1961, as amended, to aid you in acquiring open-space land for the
Project referred to therein and designated above.
There are also enclosed (1) one copy of a form of Resolution for guidance in
approving and providing for the execution of the Contract, accompanied by a
Certificate, and (2) one copy of a form of Opinion of Counsel to be completed
by your attorney.
The Contract should be either executed or rejected, and this office notified
of such execution or rejection, within 30 days from the date of this letter.
If, upon receipt of this letter, it appears that you cannot meet this require-
ment, please communicate with us immediately, giving the reasons for the
necessary delay and indicating the additional time desired.
Immediately after the Contract has been executed, please transmit to this
office (1) two executed, undated counterparts of the Contract (the third
counterpart of the Contract should not be dated and should be retained by you
for your files), (2) one copy of the resolution as adopted, with the cer-
tificate relating thereto, properly completed and signed, and (3) a signed
and dated Opinion of Counsel from your attorney.
After the Contract has been executed and dated by the Government, you will
be forwarded one executed counterpart for your records.
..
Please ack.nowledge this letter and enclosures promptly. If you should have
any questions concerning this matter, do not hesitate to communicate with
us at once.
51. .' cerely"
~~ I~\
!
.__",Area Director
\.~.~
Enclosures
BRUCE M. .JACOBS
.JOSEPH F. BIAFORE, .JR.
JACOBS & BIAFORE:
ATTORN E:YS AT LAW
PRINCEVALLE AT FIRST
POST OFFICE BOX 4S8
GILROY, CALIFORNIA 95020
TELEPHONE
(408) 842-3141
~I!!'_"'U."'I!II_
July 6, 1971
City Council
City of Gilroy
P.O. Box 66
Gilroy, California 95020
Gentlemen:
I have examined the proposed First Amendatory Contract for Grant To
Acquire Open-Space Land (herein called the "Contract"), identified
as Contract No. Calif. OSD-475(G) to be entered into between yourself
and the United States of America. I have also examined the two
counterparts of the Contract.
I have further examined that certain Resolution adopted by you on
July 6, 1971, wherein the execution of the Contract was authorized.
I have made appropriate inquiry and I am satisfied that said Resolution
is still in full force and effect, that there is no pending or
threatened litigation (either in Federal or State courts) challenging
your authority to enter into the Contract, and that no legislation
(either State or local) has been enacted which affects your power or
authority to enter into the Contract and carry out the Program set
out therein.
I am, therefore, of the op1n1on that you are authorized to enter into
the Contract, that it has been executed as authorized by said
Resolution and by law, and that, when the Contract has been executed
by the Government, it will constitute a valid, binding, and legal
agreement between yourself and the Government.
"" /7
.f \ If .-
,Sinc~r~ly, ,,'. '''. !ii
.. 'i-"/ I;) / 11?C l(,'/ ((....~'~? ~A-,-,-
)/ /./'LA..J:", ,.. . f'.:S::'
, ,
Bruce M. Jacobs ....
City Attorney
BMJ/as
~.~nnr~nO~ ~O
~" * UUIO,U~ * \ .
\ 111111 ./
VO)3J\30 ~....-l>
DEPARTMENT OF HOUSING AND UR8AN DEVELOPMENT
AREA OFFICE
ONE EMBARCADERO CENTER, SUITE 1600
SAN FRANCISCO, CA LI FORNIA 94111
AREA OFFICES:
Los Angeles, California
San Francisco, California
REGION IX
REGIONA L OFFICE
SAN FRANCISCO, CALIFORNIA
JUN
IN REPLY REFER TO:
~ --( e-i_:
J.i.. '~
9.1PM-C
.
Mr. Fred O. Wood
City Administrator
City of Gilroy
P.O. Box 66
Gilroy, California 95020
Dear Mr. Wood:
Subject: Project No. Calif. OSD-475
Northside Park
This will confirm that the additional sum of $38,570 has been
allocated as a grant to assist in the development of the Open Space
project identified above. The total amount of grant funds approved
for this project is now $108,570.
Within the near future we will forward an amended contract for
development of land covered by this letter of approval. Costs
incurred before execution of a contract may be considered as
eligible provided they have been incurred in conformity with the
provisions of the contract and provided that they were not incurred
prior to the date of HUD authorization to proceed with activities.
If you have any questions regarding this letter, please do not
hesitate to contact us.
erely,
IJG~
es H. Price
Area Director
Enclosures
cc: Wayne Schell
--/6... --A-3
6. ;z I- 7 /
;5
o~~~n~rtr +o~
~ * UIIO'I~ * ~
\ 1111 ;
0'0 .:or.:-
'3~~Q .....
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AREA OFFICE
ONE EMBARCADERO CENTER, SUITE 1600
SAN FRANCISCO, CALIFORNIA 94111
AREA OFFICES:
Los Angeles, California
San Francisco, California
REGION IX
REGIONA L OFFICE
SAN FRANCISCO, CALIFORNIA
JUL 19 1971
IN REPLY REFER TO:
City of Gilroy
7390 Rosanna Street
P.O. Box 66
Gilroy, California 95020
Attention: Mr. Fred O. Wood
City Administrator
Gentlemen:
subject: Project No. Calif-OSD-475
Contract No. Calif. OSD-475(G)
First Amendatory contract
We are pleased to enclose herewith one counterpart of the
fully executed Open Space Contract as identified above.
Sincerely,
/J~
Director
Enclosure