CONTRACT TO ACQUIRE AND OR DEVELOP LAND FOR OPEN SPACE PURPOSES UNDER TITLE V11 OF THE 1961 HOUSING ACT
TO:
FROM:
COPIES:
SUBJECT:
DATE:
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c I., Y 0 F C LEA R W ATE R
Interdepertment Correspondence Sheet
Lucille 'iVilliams - City Clerk
Coordinator ~a
~lECEIVED
Joseph R. McFate - Community Development
Open Space Land Program
APR ? 1981
April 1, 1981
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~In 1971-72 the City executed two Agreements with the United States
Department of Housing and Urban Development. Ive have been unable to
locate in your office or elsewhere the City's copies of these ~rant
contracts and have secured a xerox copy of each from HUD. I am
enclosing these copies for your permanent records. An additional
copy has been retained by this office.
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REGION IV '"^"'I
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Mr. ~thony L. Shoemaker
Ci ty Manager " ~
Post Office Box 4748
Clearwater, Florida 33518
Project No. Fla. OSA-78. FL-I020-0S
Open Sp2ce Land Program
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT L' .. l..).J!
JACKSONVILLE AREA OFFICE V I' I\.. 5Y ,- ,
PENINSULAR PLAZA \ '5 . II ')v<./
661 RIVERSIDE AVENUE I ~\../\../
JACKSONVILLE, FLORIDA 32204 ~~
November 14, 1978 IN REPLY REFER T
4 6 CS
Dear Mr. Shoemaker:
Our records indicate that you are the recipient of an Open Sp~C9 Land
Pro5~am gTant under Title Tv of the Housing Act of 1961, as amended.
This letter and the attached Certification is one of a series of contract
compliance measures undertaken by the Department of Housing 2J1d Urban
Development to insure continlur~' dedic~tion of the l~~d fo~ the interlded
use and to provide a way of measuring the effectiveness of grants made in
the past.
The attached Certificati on should be completed vi thin 30 dEWS ane. returned
to this office. Before completing the Certification you should carefully
examine the Contract for Grant to be certain that its terms and provisions
have been met or are being met. No additior.~l docll!!lentation is reqD~red
to accompany the executed Certificate.
We also wish to call your attention to the r~~uirement that any change
from th~ use approval in your application fCT the grant must be approved
in advance by the Department of Housing and~~ban Development.
If the attached Certificate c~~ot be executed for ffi1Y reason, please
respond in writing, explainir~ the circumstances, within the time period
established..
If yo!}.. r.zye ?~.=r 8p~C::':::'...c C~'..l28ticns, nlG22s GO:-..t2.ct Hr. Reuben Padgett,
CPD Representative, at 904-791-3692.
Sincerely,
/ W;J ;;:.L~~Jo-
Jtj~fL Everet.t H. Rothschild
if ' Area lTa.nager
Enclosure
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,.RMSI DD0300-0016R
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u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
USE OF OPEN SPACE CERTIFICATE
Project Number Fla. OSA-78, FL-1020-0S
Project Name Open Space Land. Program
I, Anthony L. Shoemaker, City Manager
, the duly authorized representative of
City of Clearwater
knowledge and belief:
, do hereby certify that to the best of my
The land or facility for which we received assistance under the Open Space Land Program is in fact being
used in accordance with HUD policy and with the formal agreement between HUD and the grantee,
Any false statements made knowingly and willfully may subject the signer to penalties under Section 1001
of Title 18 of the United States Code.
C~ty of Clearwater
(Name of Pub c
By
City Manager
(Title)
December 6, 1978
(Date)
HUD-349 ( 5-74)
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DEP1RTMENT OF HOUSING AND URBAN DEVELOPMENT
. JACKSONVILLE AREA OFFICE I
PENINSULAR PLAZA
661 RIVERSIDE AVENUE
JACKSONVILLE. FLORIDA 32204
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REGION IV
Peachtree-Seventh Bl.Iild1nc
50 Seventh Street, N.E,
Atlanta, Georeia 30323
September 1, 1912
IN REPL.Y REFER TO.
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Honorable H. Everett Hougen
~~yor, City of Clearwater
Post Office Box 4148
Clearwater, Florida 33518
Dear Mayor Hougen:
Subject: Contract for Open Space Land
Proje ct No. FL-1020-0S
Enclosed herewith for your records is one fully-executed c01.mterpart
of the above-identified Contract.
Sincerely,
~,ew~
Gerald R. Wright or ~ ?J .
Area Counsel
Enclosure
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J UNITED STATES OF AMERICj
D ~TMENT OF HOUSING AND URBAN DB~OPMENT
CON'I!RACT FOR GRANT TO ACQUIRE AND/OR DEVELOP WID FOR OPEN SPACE PURPOSES .
UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
PART I
Project No. FL-1020-OS
Contract No. FL-1020-0S(G)
THIS AGREEMENT, consisting of this Part I and the Terms and Conditio~
(Fo~ HUD-3l80(b), dated 6-69) forming Part II hereof (which Parts, together,
are herein called the "Contract"), effective on the date hereinbelow set out,
by and between CITY OF CLEARWATER, FLORIDA (herein called the "Public Body")
and the United States of America (herein called the "Government"),
WITNESSETH :
In co~ideration of the mutual covenants, promises, and representations
contained nerein, the parties hereto do agree as follows:
sm. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide Federal fir~cial 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
''Project'') and to state the terms and conditions under which such assistance
will be extended.
sm. 2. THE PROJECT
. (a) The Public :Body agrees to undertake, carr:r out and complete:
(1) The acquisition of fee simple title to two non-contiguous tracts
of land, identified in Exhibit "A" as McMullen Park Property and
Turner Park Property, both tracts being located i1i the City of
Clearwater, Count.y of Pinellas, State of Florida; and
(2) The development of one major recreation complex which will include
construction of lighted tennis courts, basketball courts, horse-
shoe pits, shuffleboard. courts, multi-purpose field and playground
area, on a tract of land leased for this purpose identified in
Exhibit "A" as the North Greenwood Recreation Complex, said tract
being located in the City of Clearwater, County of Pinellas, State
of Florida.
(b) The Publio :Body agrees to retain said land acquisitions for pemanent
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. The Public :Body
also agrees to retain its leasehold interest in the Greenwood Recreation
Complex consistent with the terms of that lease for a period of not less
than 25 years, and to utilize this complex for park and recreational
purposes during this period of time.
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SEC. 3. THE GRANT
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The Government agrees to make a grant to the - Public 130dy 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
b.1 the Public :Bo~ in connection with the Project as specified in Section 4
of the Contract, or (ii) ~151.000.
SEe. 4. RELOCATION PAYMENTS
The Public:Body agrees to make relocation payments and payments for
eligible expenses incidental to transfer of title and condemnation lit"1ga.tion,
,-and to provide relocation assistance to or on behalf of eligible disp1acees
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. }Totwi thstanding a:n::r other provision of the Contract, the Government
shall provide a Grant to fund the first $25,000 of the costto the Public
Eody if providing such payments and assistance tor each eligible disp1acee,
pursuant to such regulations or other requirements, displaced prior to July 1, 1972.
Costs of the Public :Body for providing such payments and assistance in excess of
said $25,000 per eligible displacee on account of displacement occur+ing prior
to July 1, 1972 and all costs of the Public Body tor providing such payments
and assistance on account of displacement occurring on or after July 1, 1972,
shall be treated and funded as are other eligible 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 ~~d assistance in accordance with this
Section of the Contract sba.ll not without the prior written consent of the
Secretary, exceed $ NoDe .
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SEe. 5. TIME OF PERFORMANCE
The Public ~dy agrees that it will complete the acquisition of the open
space immediately following the date of execution of the Contract and will
complete the development of the open space within 12 months following the date
of execution of the Contract. .
SEC. 6. COUNTERPARTS OF THE CONTRACT
This Contract may be executed in two counterparts, each of which shall
be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
SEC. 7. CRAnGES APPLICABLE TO PART II HEREOF
The following changes are hereby made in the attached Te1'II1S and.
Conditions designated Part II h~reofJ
In SED 106(13) - Lacor and Construction Provisions, Competitive Bidding -
of the Terms and Conditions, Part II, of this Contract, the amount ot: $2,500
should be deleted wherever it appears and the amount $10,000 substit-u.ted in
lieu thereof.
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sm. 8. SPECIAL CONDITIONS
Deed Restriction; Recordation. The Public 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 indicating that the
site or any interest therein may not be sold, leased, or.otherwise transferred
without 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 the open spaoe site or in
a separate instrument, provided that the method used gives oonstruotive notioe
(or the equivalent) of the restriotion.
sm. 9. COMPENSATION TO GOVERNMENT FOR ITS AUDITS AND INSPECTIONS
The Public Body will compensate the Government for its inspections and
audits, provided for in Sec. 103(11) of Part II of this Contract, a fixed fee
.in the amount of $2,000. 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 Publio
Body: Provided, that in the event the Grant amount authorized under Seotion 3
hereof with respect to the actual cost of the Projeot is iz?,creased, the
additional fixed fee payable thereby shall be deduoted from the next Grant
Payment made to the Public Body.
SEC. 10. ASSURANC]S
Prior to entering into the Contract the Public Body provided the
following to the Government:
(a) Assurances that (i) in acquiring real property it will be guided
to the greatest extent practicable under State law, by the land l
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 owners will be paid or
reimbursed for necessar,y expenses as speoified in Seotions 303 and
304 ot said Act.
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IN WITNESS WHEREOF, 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 21)th day of August , 19 72.
(SEAL)
Cl~7)~ OF. CLEARWATER,. FLORIDA..
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By:
(Signature)
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....-,; M. R. Stierheim, Citv ManaQ'er
(T,ype ~e and Title)
-'>R.G. Whitehead, City Cl~rk
. '(T,ype,Name and Title)
UNITED STATES OF AMERICA
SOCTetr;z;: <<l~t
/dt,. Area Directorp-
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EXHIBIT. "A"
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McMULLEN PARK PROPER TY
,A survey of t.he Soulh one-half of t.he Southwest one-quarter of
the Southeast one-quarter of Section 18, Township 29 S., Range
16 E, being m.ore particularly described as !ollows:
Beginning at the S. W. corner of the S. W. 1/4 of the S. E._ 1/4 of
Section 18, Township 29 S, Range 16 E, Pinellas County, Florida.
Run thence North 0057'49", East 664.15' to the centerline of Magnolia
Drive, thence run South 89006'23" Ea.st 1333.44' to a point in the
Forty -Acre line of said Section 18, thence run South 1001' 54" West
667. 77' along the Forty-Acre line to a point in the South line of
said Section 18, run thence North 88057'02" West 1332.65' to the
Poi.nt of Beginning.
TURNER PARK PROPERTY
West 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 1,
Township 2.9 South, Range 15 East, Pinellas County, Florida, LESS
existing road rights-of-way and LESS the West 163 feet of the South
220.00 feet; being more particularly described as follows: from the
Center of Section 1, Township 29 South, Range 15 East, run thence .
South 89006'54" East 672..41' along the East-West Centerline to a
Point, run thence North 0022'42." West 50.00' to the Point of Begining.
Run thence North 002.2.'42" West 12.47.40' to a Point, said Point bei.ng
33.00' South of the Centerline of Montclair Road. Run thence North
89034'2.7" West 640.45' parallel to said centerline of Montclair Road
to a Point, said Point being 30.00' East of the North-South Centerline
of said Section; said Centerline is also the Centerline of Hercules
Avenue. Run thence South 0017'47" East 1022.22' parall.el to the
Center~ine of said Section to a Point., run thence South 89006154" East
163.00', run thence South 0017'47" East 2.20.00' to a Point 50.00' North
Of the East-West Centerline of said Section I, run thence parallel to
said East-West Centerline of Section 1, South 89006'54" East 479.33'
to the Point of Beginning.
NORl'H GRm!WOOD RECREATION COMPLEX
Fl~om Southeast. corner of Lot 11, Bloc}~ B-1 of Springfield
Sub. No. 2 as recorded in Plat Book 4, Page 23 of Publ~c
Records of Pinellas County. Florida. run North 13 feet more
'or less to North line of Palmetto Street for'P.O.B.. Thence
North 627 feet M.O.L.. thence run East 60.0 feet, thence run
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North along ~hc East right of way line of Douglas Avenue as
recorded in O.R. Book 28~9, Page 296 of said public records,
786.04 feet to South line of Russell S,treetJ thence run East
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along South line of Russell Street 405 feet M.O.L., thence
run South 280 feet, thence run East 200 feet to \'lest l.ine of
Holt AV~1ue. thence run South along said West line of Holt
~venue 1120.0 feet I~.O.L. to North line of Palmetto Street.
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thence ~est along Nor~h line of P~lrnctto Street 670 feet
M.O.L. to point of beginning, less South 450 feet ~or
Clearwater CC:lprchcnzive .Junior Hich School and North 325
.feet r.t.O.L. of Ea~t :35'0 feet l.i.O.L. of'South 1).20 feet.
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HUD.3180b
(6-69)
u.I, DePARTMENT OF HOUSING AND URBAN DEILOPMENT
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
SEe. 101.
USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following terms, as used herein, shall have the meanings
,paWed 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 n 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. .
(0) The term Uland" 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) o{ Part I of this Contract and shall include a fee interest or such lesser interests as
therein contemplated.
(E) The term "Project" meansthe undertaking and carrying out to completion o{ the acquisition and/or develop-
ment o{ land Cor open-space uses.. set forth in Section 2(b) of Part I of this Contract,
SEe. 102.
ACCOMPUSHMENT 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 ntended 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 o{ the Civil Rights Act of 1964 (78 Stat. 241,252). The Public
Body agrees not to discriminate upon the basis o{ race, creed, color. or national origin in the program or activity {or which the
Puhl~ Body receives financial assistance under this Contract. The United States shall be deemed to be a beneficiary of these
provisions both {or and in its own right and also {or the purpose of protecting the interests of the communit}" and othC'r parties.
public or private, in whose favor or for whose benefit this provision has been providC'd and shall have the right, in the event of
any breach of this provision, to maintain an~. actions or suits at law or in equity or any other proper proceeding6 to en{orc::e
the curing of such breach.
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HUD.3200
(8~1
S. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS
ACT (76 Stat. 357-360; Title 40 U.s.c., SectiolU 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 permil any laborer
or mechanic in any workweek in which he is employed on such work to work in excess of 8 hoW'll 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 S10 for each calendar day on which such employee was required or permitted to
work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency or Public Body shall ~thhold 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) Subcon~racts. 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 Apprentice.c;hip 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 )'ear8 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. REGULA nONS PURSUANT TO SO-CALLED "ANTI-KICKBACK Acr
The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by
reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act"
of June 13. 1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.5.C., Section 874: and Title 40 U.5.C., Section 276c), and any amend.
mentsor modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith'
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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 arc 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 aCCect
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 payfo'
Cor 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 oC the excess.
(C) Special Provisions Relating to Salc or Lease of Land. If the Project proposes that the Public Body lease or sell
all or part oC the land, the Public Body must first obtain written approval of the Secretary before such leasing or sale is under-
taken. Approval wiD 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 oC the open-space use or uses of such land as set out in Section 2(b) of Part I of
this Contract.
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(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) oC Part I
of this Contract will be permitted without the prior writtcn 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 arca involved;
(b) The conversion is in accord with the comprehensively planned development of tht: 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 atlcasl 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 Bod)- shall not restrict thp. use of the land, as developP.d, on the basis of place of residence,
except that a reasonable fee charged nonresidents over and abovc any fee that may be charged residents shall not bp.
interpreted as a restriction of the w;e of such land.
(E) Tran~fcr of Public Body's Intert'sts in Land to Another Public Bodv. BeCore the Public Body transfers its
intr.rests in the land to another Public Hod)', it shall rNJuirc its traD!;ferr.e to entcr into a contract with the Secretary agreeing
in ,,'riling to be bound by all of the applicable terms and conditions of this Contract.
SEC. 105.
PAYMENT OF GRANT
(A) Advance or Prof!l'Cli.'1 r:l~'mr.nLt;. Undr.r or subject to such conditions as the Government ma)", in writing, specify
which are not inconsist~nt with applicahle law, the C;ovr.mmrnt may, in its di!\Crction, make ..dvance or pro~rr('S." pa~mcnts to
the Puhlic Hotly on account oC lite Grant. or on account of the increase with respl:ctto the (;rant proviJr.d for in ~eclion 4- of
Part I of tlais Contrac~t, at such time or timell prior to lite completion of tlae Project and tit,. final determination of the total
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HUo-3200
(8-691
other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of
Housing and Urban Devt'lopment, 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 SUBCONTRACfORS
The Contractor and each subcontractor shall prepare his payroUs on fonns satisfactory to and in accordance with in-
stroctions 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 rr.aintained during the course of the work and preserved for a period of 3
years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his cor-
rect classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b) (2)
of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, ana 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 providUlg benefits under a plan
or program described in Section l(b) (2) (B) of the Da\is-Bacon Act, the Contractor or subcontractor shall maintain records
w~ch show that the commitment to provide 6uch 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 Co'ntractor and each subcontractor shall make
his employment records with respecUo persons employed by him upon the work covered by this Contract available ~or in-
spection by authorized representatives of the Secretary of Housing and urban Development, the Local Public Agency 01'
Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of
the Contractor or of any Rlbcontractor during working hours on the job.
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 thif: Contract pertains
by the employees of the ContractOl' 01' or any suboontractor, and the manufacturing 01' furnishing of materials, articles, sup-
plies, or equipment o~ the site of the Project or Program to which this Contract pertains by persons employed by the Con-
tractor or by any subcontractor, shall, (or 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. INEUGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be
further subcontracted ",;thout 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 an)" applicable regulations issued by the Secretary of Labor, United States Department
of Labor, to receive an award of such subcontracL
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACJ'S
The ContractOl' 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.
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United States Department of Labor) and other pro\'isions which are consistent with the provisions embodied in that document
entitled "Federal Labor Standards Provisions" attached hereto m:!rked HUD.3200 and made a part hereol. Such schedules,
wage determinations, and other pro\Oisions, 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 provisi<!n 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.
HUD-3180b
(6-69)
II
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(0) State or Local Laws Concerning Wage Rates for.Laborers and Mechanics. It State or local law& require that
laborers or mechanics who are employed by the Public Body '8 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, United States Department of Labor,
pW'Suant to the aforesaid Davis-Bacon Act, to be the wages prevailing in the locality in which the Projt"ct is situated, /lothing
in this Contract is to he 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 1 ]246. 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 art" treated during employmcnt, without regard to race, color, religion, sex or national
origin. Such action shall include, but lIot be limited to, the foUowing: 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 Go\"ernment setting forth the provisions
oE this nondiscrimination clause. The Public Body will, in all solicitations or advertisements for emp.loyees placed
by or on behalf of the Public Body, state that alJ qualified applicants wiJI receive consideration for employment
without regard to race, color, religion, sex or national origin. The Public Body will incorporate the foregoing reo
quirements of this subparagraph (1) in all of its contracts for Project work, except contracts governed by subparagraph
(2) of this Section lO6(E) and contracts for standard commercial supplies or raw materials, and wiJI require all of its
contractors for such work to incorporate such requirements in alJ subcontracts for Project work.
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(2) Contracts Subject to Executive Order 11246. The Public Body hereby agrees that it will incorporatt" or
cause to be incorporated into any contract for construction work, or modification thereof, as defined in tht' regul:!-
lions oE the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from
the Federal Govern'ment or borrowed on the credit of the Federal Government pursuant to a grant, contract, Joan,
insurance, or guarantee, 'Or undertaken pursuant to any Federal program invoJving such grant, contract,loan, insur-
ance, or guarantee, the foUowing equal opportunity clause:
During the performance oE this contract, the contractor agrees as.fonows:
(1) The contractor will not discriminate against any employee or applicant for f'mploymt"nt ht"cauSt' of
race, color, religion, sex, or national origin. The contractor ~iJ1 take affirmative action to insurc that
applicants are employed, and that employees are treated during employment without regard to th.-ir rae-I',
color, religion, sex, or national origin, Such action fihall include, but not be limited to, the followinf!: .-mplo~o.
menl, upgrading, demotion, or transfet; recruitment or recruitment advertising; JayoCC or termination: ratl"S of
payor other forms of compl!nsation; .:nd seJection Cor training, including apprl"nticcship, The contrador ~Tt>N
to post in conspicuous places, avaiJable to f'mpJoyees and applicants Cor emplo)"ment, noticf'll to b.' pm\idc-d
by the Public Body setting forth the provisions of this nondisaimination c1aLtSe.
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HUD.3200
I
(8.69)
ATIACHMENT 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 PUBUC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal !rom employment, or by any other manner whatso-
ever induces any person employed in the construction, prosecution, completion or repair oj. 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 fmed not more than $5,000 or imprisoned not
more than five years, or both.
SECllON 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat, 948, 62 Stat. 862.
63 Stat. 108. n Stat. 967.40 U.5.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,
prosecution, completion or repm of public buildings, public works or buildings or works financed in whole or in part by loans
or grants !rom 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.
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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 fonows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3-CONfRACTORS AND SUBCONlRACTORS 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 prellCl'ibes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U .5.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 \'8rious statutes dealing with Federally-assisted construetion that
r.ontain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14
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HUD-3180b
(~69)
The.- I'ublic Uody furtht'r ~'ITI''' that it will refrain from t'ntcrin~ into any l'ontract or contract moaifica-
lion suLjt,('t to Executivr. Order II :nCl of ~,'pt(,II1Lcr ~-t., l'Jlij. with a (,olltractor dcuuw:J frum, or who 1::;.:;
nQt dt'lIIom;tratcd eligihility for. Coycrnll1cllt contracts alld fetlrr<llly a~sil'ted construction contracts pursuant
to the EXt'cuth'c ordl'f :uul will ca~' uut such sunction:, und p('naltir~ for violation of the l"qual opportunity
c1au=--e as may Le illlpo..c'd upon rontractors aIHI..ubcontractllrs Ly thc Sccrctary of Housing and Urban flf'.
vclopment or tht' Sl'crl'lary lIf Labor pUN-uallt to Part II. Suhpart D of the Executivc order. In addition, th('
Public Uody ~'l'c('S that if it fails or rt'fuSt'll to comply with tllC'$(.' undertakings, the Sl"crf'tary of Housing and
l'rban Dcyt'lopmentmay takt' any or all of the following action,,: Canct'l, tcrm.~nate, or l'tl:>pend in whole or in
part this granteontracl: rdrain from extending any further lU'..istancc to the applicant under the program with
respect to which the failure or re.-fusal occurrt'd until sati:;{actory assura~lce of future compliance has bt'en re-
ceived (rom such Public Uody; and rt'fcr tl.., case to the I>l'partnlt'nt of J IIl'tit~" fur lIppropriate I('~al
proceedings.
SEC. 107.
DEFAULTS AND REMEDIES
(A) Termination or Suspension of Contract. The Go\'ernmrnt ilia)' trrminatt' or imspend thi;,; r.ontract at its dis-
cretion upon the happcning of any of the following:
(1) The failure of the Public Hody to complete the Project within the time prescribt'd in Sr.ction 5 of Part I
of this Contract;
(2) The making of any miSl'epresentation 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 an)' litigation ~hallenging the perfonnanee by the Puhlic Body of any of its duties
'or obligations which may jeopardize or adversely affect tht" Project, thh; Contract, or lhe Grant.
(B) Forfeiture of Grant
(1) Ii the Public Body should change the ~ of the land (rom the use or uses designated in Section 2(b) of
Part I of tIlls Contract without the prior written approval of the Secreta!')', or should' it tr,ll1sfer its internts in tht'
land to another Public Body without requiring the transferee to ext"cute the contract with the Secretaf') pro\'ided for
by Section 104(E) of this Part 11, the Public Body shall at the request of the Secretary rt'pay to tht' Gm;crnml"nt the
amount of the GranL
(2) For any other violation of any of the terms of this Contract, the Sccrctary may, in addition to lluch othl"r
remedies as may exist at law or in equity, requirt'! repay ment of all or part of th,: G rant to the Govermncnt.
(C) When Rights and Remedies Not Waived. In no evcnt shall the making by tht' Governmt'nt of any Gr:mt paymrnt
to the Public Body constitute or be construed as a waiver by the Government or any breach of covenant or any ddauh which
may then exist on the part of the Public Bod)', and the making of any such payment by the GO\"l'rnmcnt while any sut.h brl"ach
or default shall exist ihall in no wise impair or prejudice any ~aht or remedy available to the (;O\'crnment in respC'd \>r ~uch
breach or defaulL
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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 andS during the preceding weekly payroll period. This stalement 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 3..:8, "Statement of Compliance", or on an identical fonn on the back of WH 347, "Payroll (For Con-
tractors Optional Use)" or on any fonn 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 ma)' 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 Secreta,ry of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements or this section subject to such conditions as the Secretary of
Labor may s~cify.
[29 F.R. 95, Jan. 4,1964, as amended at 33 F .R.I0186,July 17,19681
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payron 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 fmancing 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 Slates 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, anti 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 pennissible without application to or approval of the Secretary of Labor.
Deductions made under the circwnstances 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 req uirements of Federal, Stale, 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 prepa}'ment of wages" is considered to have been made only when cash or
its equi\'lIlent 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
contraclor, subcontraclor or any affiliated persOn, or when collusion or collaboration exist&.
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HUD-3200
(0.\i9)
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representatives of employees, or hoth, for the propose 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 paymellts fpr the benefit of employees, their families and dependents: Prot.ided, howelJe7', That the following standards
are met: (1) The deduction is not otherwise prohibited by law; (2))t is either: (i) Voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide .collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the pUrchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee_
(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:
Prol)ide~ however, That a collective bargaining agreement betWeen the contractor or subcontractor and representatives of its
~mployees. provides for such deductions and the deductions are not otherwise prohibited by law.
6) JUly deduction not mo~ than for the "reasonable cost" of board, lodging, or other facilities meeting the req uire-
ments of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this ti~e. When such a deduction
is made the additional records required under A 516.27 (a) of this title shall be kept.
.
Section 3.6 Payr~U deductions pennissible with the approval of the Settetary of labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not per-
mitted W'lder A 3.5. The Secretary may grant pennission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly at indirectly from
the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prolu"bitedby 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 representative.'} of its
employees; and
(d) The deduction suves the convenience and interest of the employee.
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HUO.3200
(~..eg,
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Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payron deduction$ under ~ 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shaD 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 circumstan~
(c) The application shall state affinnatively that there is compliance with the standards set forth in the provisions of
~ 3.6. The affirmation shall be accompanied b)' a fuJ) statement oC the facts indicating such compliance.
(d) The application shall include a description of the proposed deduction, the purpo8e to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed deduction would be made.
(e) l'he appliCation shall state the name md business oC any third person to whom any Cunds obtained from the ~
posed deducf.Jns are to be transmitted and the affiliation of such pt.rson, 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 retJuested deduction is permissible und~ 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 fonns of compensa.
lion for which deductions are permissible under this palL No other methods of payment shaU be recognized on work subject
to the Copeland Act. .
Section 3.11 Regulations part of contract.
AD contracts made with respect to the construction, prosecution, completion, or repair of an}' 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
tltis part shall expressly bind the contractor or 5ubconl-'!ctor to comply with such of the regulations in this part as may be ap-
plicable, In this'regard, see S 5.5 (a) of this subtitle. .
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-a. L COYDlJIIIDIT PIlIHTDIC ornc:z : '170 0 _ 04_ CU)