HomeMy WebLinkAboutContract 18212005-0026
ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT
between
THE COUNTY OF ANOKA,
A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA,
BY AND THROUGH THE ANOKA COUNTY HOUSING & REDEVELOPMENT AUTHORITY,
A PUBLIC BODY CORPORATE AND POLITIC
AND
CITY OF COLUMBIA HEIGHTS
This Agreement is entered into this 1st day of January, 2005, between the County of Anoka, a political
subdivision of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a public
body corporate and politic (hereinafter referred to as the "HRA"), and City of Columbia Heights (hereinafter referred to as
the "Agency"):
RECITALS
The County of Anoka (hereinafter "County") is an urban county applicant for block grant funds under the
Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amended, and will receive block
grant funds for the purpose of carrying out eligible community development and housing activities underthe Act
and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p.
570;
An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and
municipal corporations within the County, the terms of which specify allocation of block grant funds to those
participating jurisdictions for use in accordance with the County Housing Assistance and Community
Development Plans accepted by participating jurisdictions and reviewed by HUD;
The County has entered into a joint powers agreement with the HRA to administer the Community Development
Block Grant Program and delegated to the HRA the rights, duties and obligations to disperse, monitor and
administer funds under the Community Development Block Grant program, in a manner consistent with terms
and conditions imposed on the County by agreement, County resolution, HUD regulations, and the Community
Development Block Grant Plan;
The HRA desires to have certain services performed by the Agency as described within this agreement, and as
authorized by County resolutions for the purpose of implementing eligible activities under the Act and HUD
regulations;
It is appropriate and mutually desirable that the Agency be designated by the HRA to undertake the
aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and local
law are adhered to, as provided for herein;
The purpose of this Agreement is to provide for cooperation between the HRA and the Agency, as the parties in
this agreement, in implementing such eligible activities in the manner described above;
G. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota.
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H. The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof:
PART I.
PART II.
PART III.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
GENERAL CONDITIONS
FEDERAL AND LOCAL PROGRAM REQUIREMENTS
EVALUATION AND RECORD KEEPING
Project Description and Budget
Objectives of CDBG Funds
Anoka County Board Resolution No. 85-23
Anoka County Board Resolution No. 85-42
Anoka County Board Resolution No. 86-70
Certification
Equal Employment Opportunity Certification
Federal Labor Standards Provisions
In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by
the parties hereto, the parties mutually covenant and agree as provided for in this agreement.
COUNTY:~
By: Steve/
Governmental Services
Date:
! (signature)
Name: Gary I_ P~,terson
(print)
Title: Mayor
APPROVED AS TO FORM:
By:
Assistant County Att¢~
By:
Name:
Title:
Date:
' ' (signature)
Walter R. Fehsi:
(pdnt)
City Manager
Hereinafter, references to the "County" shall be deemed to be references to the Anoka County Housing and
Redevelopment Authority.
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PART I.
1.
GENERAL CONDITIONS
SCOPE OF AGREEMENT
The Agreement between the parties shall consist of the signature page, the general conditions; the federal,
state and local program requirements; the evaluation and record keeping requirements, each and every
project exhibit incorporated into the Agreement; all ~natters and laws incorporated by reference herein; and
any written amendments made according to the general conditions. This Agreement supersedes any and al
former agreements applicable to projects attached as exhibits to this Agreement.
SCOPE OF SERVICES
The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the
Exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate
exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for
the purpose of adding new projects, amending the scope of work, or for any other lawful purpose.
COMMENCEMENT AND TERMINATION OF PROJECTS
Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the
Agency with written notice to proceed. No work on the proiect shall occur prior to the notice to proceed
without written approval from the County. Termination dates for individual projects shall be specified in the
appropriate exhibits and be in compliance with County Board Resolution #85-23, attached as Exhibit C.
Costs incurred after the termination date will not be reimbursed. The termination date may be changed
through amendment of this Agreement.
ADMINISTRATION
A. The Agency shall appoint a liason person who shall be responsible for overall administration of block
.qrant funded project(s) and coordination with the County Housing and Community Development
Pro.qram. The A,qency shall also desiqnate one or more representatives who shall be authorized to
si.qn the Disbursement Request Form. The names of the liaison persons and representatives shall be
specified in the Exhibit A.
For all agencies that are presently parties to Joint Cooperation Agreements with the County covering
planning, distribution of funds, and program execution under the Act, the Agency remains subject to
the provisions of such agreement.
COMPENSATION AND METHOD OF PAYMENT
A: The County shall reimburse the Agency for the services specified in the Exhibits in an amount
specified on Exhibit A. Reimbursement shall be based on a Community Development Disbursement
Request Form Submitted with supporting documents and signed by the Agency's authorized
representative.
The Agency shall submit a properly executed Disbursement Request Form no later than fifteen (15)
working days after the close of each billing period. The County will make payment to the Agency not
.more than twenty-one (21) working days after said invoice is received and approved byAnoka County.
The County will issue a statement of c.orrection voucher in the event that the voucher request is
erroneous. Payment does not constitute absolute approval.
OPERATING BUDGET
The Agency shall apply the funds received from the County under this Agreement in accordance with the
requirements of the Exhibit(s) attached hereto.
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10.
11.
FUNDING ALTERNATIVES AND FUTURE SUPPORT
A. The Agency shall report all program income generated under this Agreement for the purposes
specified herein or generated through the project(s) funded under this Agreement. All program
income shall be forwarded to Anoka County, except as provided in Exhibit D. The County will
maintain a record of program income received by individual projects for future use by the sub grantee
for eligible CDBG activities.
B. The County makes no commitment to future support and assumes no obligation for future support of
the activities contracted for herein, except as expressly set forth in this Agreement.
C. Should anticipated sources of revenue not become available to the County for use in the Community
Development Block Program, the County shall immediately notify the Agency in writing and the County
will be released from all contracted liability for that portion of the Agreement covered by funds not
received by the County.
AMENDMENTS
Either party may request modifications in the scope of services, terms, or conditions of this Agreement.
Proposed modifications that are mutually agreed upon shall be incorporated by written amendment to this
Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be
of general application.
ASSIGNMENT AND SUBCONTRACTING
A. The Agency shall not assign any portion of this Agreement without the written consent of the County,
and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days
prior to the date of any proposed assignment.
Any work or services assigned or subcontracted hereunder shall be subject to each provision of this
Agreement and proper bidding procedures contained therein. The Agency agrees that it is as fully
responsible to the County for the acts and omissions of its subcontractors and .of their employees and
agents, as it is for the acts and omissions of its own employees and agents.
HOLD HARMLESS AND INDEMNIFICATION
A. The Agency further agrees that it is financially responsible (liable) for any audit exception that occurs
due to its negligence or failure to comply with the terms of the Agreement.
The Agency agrees to protect and save the County, its elected and appointed officials, agents, and
employees while acting within the scope of their duties as such, harmless from and against all claims,
demands, and causes of action of any kind or character, including the cost of defense thereof, arising
in favor of the Agency's employees or third parties on account of personal injuries, death or damage to
property arising out of services performed or omissions of services or in any way resulting from the
acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under
this Agreement.
INSURANCE
For all agencies that are not municipal corporations organized under the laws of the State of Minnesota, the
following insurance requirements shall apply:
Public Liability Insurance
The Agency shall obtain and maintain continuously public liability insurance necessary to protect the
public on the subject premises naming the County of Anoka and the Anoka County Housing and
Redevelopment Authority as additional insured to the extent of One Million and no/100 Dollars
($1,000,000.00) General Liability Insurance including bodily injury and property damage with umbrella
excess liability of One Million and no/100 Dollars ($1,000,000.00) and provide proof of Worker's
Compensation Insurance pursuant to the Statutes of the State of Minnesota.
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12.
13.
14.
Buildinq Risk Insurance
The Agency shall cause to be maintained, during the period that contract work is in progress, All Risk
Builder's Insurance, (including fire, vandalism, malicious mischief and extended coverage)in an
amount not less than the value of destructible contract work in place.
Proof of Insurance
The Agency shall provide certificates of insurance required under this section, or, upon request of the
County, duplicates of the policies as evidence of the insurance protection afforded. Such insurance
policies shall not be reduced or canceled without thirty (30) days prior written notice to the County.
CONFLICT OF INTEREST
A. Interest of Officers, Employees, or A.qents - No employee, agent, consultant, officer, or elected or
appointed official of the Agency who exercises any functions or responsibilities with res pect to Block
Grant Program activities assisted under this Program or who are in a position to participate in a
decision making process or gain inside information with regard to such activities, may obtain a
personal or financial interest or benefit from the activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or
those with whom they have family or business ties, during their tenure or for one year thereafter.
B. Interest of Subcontractor and Their Employees- The Agency agrees that it will incorporate into every
subcontract required to be in writing and made pursuant to this Agreement the following provisions:
The Contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the Block Grant Program, has any personal financial interest,
direct or indirect, in this Contract. The Contractor further covenants that he presently has no
interest and shall not acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of his services hereunder. The Contractor further covenants that
in the performance of this Contract no person having any conflicting interest shall be employed.
Any interest on the part of the Contractor or his employees must be disclosed to the Agency and
the County.
DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of
the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota Statutes 2003, Section 13.01 et seq. or any other applicable State statutes and any State rules
adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The
Provider agrees to abide by these statutes, rules, and regulations and as they may be amended.
TERMINATION
A. This Agreement is subject to termination upon thirty (30) days written notice by the County should:
(1) The Agency mismanage or make improper or unlawful use of Agreement funds;.
(2) The Agency fail to comply with the terms and conditions expressed herein or the applicable
regulations and directives of the Federal Government, State, or County;
(3) The Agency fail to provide work or services expressed by this Agreement; or
(4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material
respect.
This Agreement may be terminated by the County immediately upon the receipt by the County of
notice of the loss of federal funding for the Community Development Block Grant Program or any
project of the Agency.
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C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should:
(1) The County fail in its commitment under this Agreement to provide funding for services rendered,
as herein provided; or
(2) Block Grant funds become no longer ~ivailable from the Federal Government or through the
'County.
Otherwise this Agreement shall terminate on the latest termination date specified on the Exhibit(s)
attached hereto and shall be subject to extension only by mutual agreement and amendment in
accordance with the General Conditions of this Agreement except the County may terminate the
agreement if funds are not expended as required by Exhibit C.
E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the
County Block Grant fund.
F. In the event that termination occurs under paragraph A (1) of this section, the Agency shall return to
the County all funds which were expended in violation of the terms Qf this Agreement.
REVERSION OF ASSETS
Upon the expiration or termination of this agreement, the Agency shall transfer to the County any CDBG
funds on hand or in the accounts receivable attributable to the use of CDBG funds. In addition, at the
expiration or termination of this agreement, any real property under the Agency's control that was acquired
or improved in whole or in part with CDBG funds in excess of $25,000.00 shall be disposed of in a manner
which results in the agency being reimbursed in the amount of the current fair market value of the property
less any portion thereof attributable to the expenditures of non-CDBG funds for acquisition of, or
improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR
570.503(b)(8)(i) are met and satisfied.
DISPOSITION OF PROGRAM INCOME
Upon the expiration or termination of this agreement, any unexpended program income or program income
that has not been spent on the project, shall be returned by the Agency to the County.
PART II.
1.
FEDERAL AND LOCAL PROGRAM REQUIREMENTS
GENERAL REQUIREMENTS
The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93-383 a_s
amended, and Implementing Regulations at 24 CFR p. 570.
PROCUREMENT STANDARDS'
In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements
of local and state law for awarding contracts, including but not limited to procedures for competitive bidding,
contractor's bonds, and retained percentages.. In addition, the Agency shall comply with the requirements of
the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate, relating to bonding,
insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid
conditions for projects over Ten Thousand and no/100 Dollars ($10,000.00). Where federal standards differ
from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and
no/100 Dollars ($10,000.00) for competitive bidding shall apply only if the applicable state or local standard
for competitive bidding is less strict than Ten Thousand and no/100 Dollars ($10,000.00).
ENVIRONMENTAL REVIEW
A. National Environmental Policy A.C! - The County retains environmental review responsibility for
purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD
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Environmental Review Procedures (24 CFR pt. 58). The County may require the Agency to furnish
data, information and assistance for the County's review and assessment in determining whether an
Environmental Impact Statement must be prepared.
State Environmental Policy Act- Agencies that are branches of government under Minnesota Law,
retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and
conservation, and regulations and ordinances adopted thereunder, tf the agency is not a branch of
government under Minnesota Law, the County may require the agency to furnish data, information and
assistance as necessary to enable the County to comply with the State Environmental Policy Act.
Satisfaction of Environmental Requirements- Project execution under this Agreement by either the
County orthe Agency shall not proceed until satisfaction of all applicable requirements of the National
and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until
all such requirements have been met.
NON.DISCRIMINATION
A. General
The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of
age, sex, sexual orientation, marital status, race, creed, color, national origin or the presence of any
sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These
requirements are specified in Section 109 of the Housing and Community Development Act of 1974;
Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Executive Order 11063; Executive
Order 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the
Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR
570.602 Section 109 and shall take such affirmative and corrective actions as are required by the
Regulations at CFR 570.602. These requirements are summarized in the following paragraphs:
Pro.qram Benefit
The Agency shall not discriminate against any resident of the project service area by denying benefit
from or participation in any block grant funded activity on the basis of race, color, sex, sexual
orientation, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII;
Section 109, Housing and Community Development Act of 19~4).
C~
Fair Housing
The Agency shall take necessary and appropriate actions to prevent discrimination in federally
assisted housing and lending practices related to loans insured or guaranteed by the federal
government. (Civil Rights Act of 1964, Title VII; Executive Order 11063)
Employment
(1) In all solicitations under this Agreement, the Agency shall state that all qualified applicants will
be considered for employment. The words "equal opportunity employer" in advertisements shall
constitute compliance with this section.
(2)
The Agency shall not discrimina.te against an employee or applicant for employment in
connection with this Agreement because of age, marital status, sexual orientation, race, creed,
color, national origin, or the presence of any sensory, mental or physical handicap, except when
there is a bona fide occupational limitation. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training.
(Executive Order 11246 as amended)
(3)
To the greatest extent feasible, the Agency shall provide training and employment opportunities
for lower income residents within the area served by block grant assisted projects (Section 3,
Housing and Community Development Act of 1968, as amended).
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Contractors and Suppliers
(1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall
discriminate in the sate of materials, equipment or labor on the basis of age, sex, sexual
orientation, marital status, race, creed, color, national origin, or the presence of any sensory,
mental, or physical handicap. Such practices include upgrading, demotion, recruiting, transfer,
'layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as
amended.)
(2)
All firms and organizations described above shall be required to submitto the Agency certificates
of compliance demonstrating that they have, in fact, complied with the foregoing provisions;
provided, that certificates of compliance shall not be required from firms and organizations on
contracts and/or yearly sales of less than $10,000.
(3)
To the greatest extent feasible, the Agency shall purchase supplies and services for activities
under this agreement from vendors and contractors whose businesses are located in the area
served by block grant funded activities or owned in substantial part by project area residents.
(Section 3, Housing and Community Development Act of 1968, as amended.)
Fo
Notice
(1) The Agency shall include the provisions of the appropriate precedin.q subsections A, B, C, D,
and E of this section in every contract or purchase order for goods and services under this
Agreement and shall send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding a notice advising the said
labor union or worker's representative of the commitments made in these subsections.
(2) In advertising for employees, goods or services for activities under this Agreement, the agency
shall utilize minority publications in addition to publications of general circulation.
LABOR STANDARDS
The Agency shall require that project construction contractors and subcontractors pay their laborers and
mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 327-333);
provided that this section shall not apply to rehabilitation of residential property designed for residential use
by fewer than eight families.
A copy of the current Davis-Bacon wage rate and HUD form 4010 and 920t0 (copies of which are attached
hereto) must be included in all construction bid specs and contracts over Two Thousand and no/100 Dollars
($2,000.00).
PROPERTY MANAGEMENT
A. The Agency agrees that any nonexpendable personal property, purchased wholly or in part with
agreement funds at a cost of Five Hundred and no/100 Dollars ($500.00) or more per item, is upon its
.purchase or receipt the property of the County and/or federal government. Final ownership and
disposition of such property shall be determined under the provisions of the U.S. Office of
Management and Budget Circular No. A-102 or A-110 as appropriate.
B. The Agency shall be responsible for all such property, including its care and maintenance.
C. The Agency shall admit the County's property management officer to the Agency's premises'for the
purpose of marking such property, as appropriate, with county property tags.
The Agency shall meet the following procedural requirements for all such property:
(1) Property records shall be maintained accurately and provide for: a description ofthe property;
manufacturer's serial nQmber or other identification number; acquisition date and cost; source of
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10.
11.
12.
the property; percentage of block grant funds used in the purchase of property; and location,
use, and condition of the property.
(2)
A physical inventory of property shall be taken and the results reconciled with the property
records at least once every two (2) years to verify the existence, current utilization, and
continued need for the property.
(3)
A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or
theft to the property. Any loss, damage, or theft of the property shall be investigated and fully
documented.
(4) Adequate maintenance procedures shall be implemented to keep the property in good condition.
ACQUISITION AND RELOCATION
A. Any acquisition of real property for any activity assisted under this Agreement shall comply with Title III
of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(hereinafter referred to as the Uniform Act) (42 USC section 4601) and the Regulations at 24 CFR pt.
42.
B. Any displacement of persons, business, nonprofit organizations Or farms as the result of acquisition of
real property assisted under this Agreement shall comply with Title tl of the Uniform Act as amended
by the Uniform Relocation Act as amended Title IV of the Surface Transportation and Uniform
Relocation Assistance Act as amended (Pub. L 100417, 101 Stat. 246-256) and the Regulations at 49
CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written
policies, as specified by 24 CFR section 570.606 (a) & (b).
C. In any activity assisted Under this agreement which results in demolition or conversion to another use
of Iow/moderate income housing, the agency will follow the requirements set forth in the revised
section 104(d) of the Housing and Community Development Act of 1974, as amended, and
implementing regulations.
HISTORIC PRESERVATION
The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological
and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures
prescribed by the Advisory Council on Historic Preservation in the R~gulations at 36 CFR pt. 800. Activities
affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will
be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58.
ARCHITECTURAL BARRIERS
Any facility constructed pursuant to this Agreement shall comply with design requirements of the
Architectural Barriers Act of 1968 (42 USC section 4151 et. seq. & 24 CFR 40, et. seq.).
NONPARTICIPATION IN POLITICAL ACTIVITIES
The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter ri5).
CONDITIONS FOR RELIGIOUS ORGANIZATIONS
The Agency agrees that funds provided under this contract will not be utilized for religious activities, to
promote religious interests, or for the benefit of a religious organization in accordance with the Federal
regulations specified in 24 CFR 570.2000).
NATIONAL FLOOD INSURANCE
The Agency may not receive Community Development Block Grant funding for acquisition or construction for
use in any area that has been identified as having special flood hazards and is not participating in the
National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Actof 1973
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13.
14.
15.
16.
17.
18.
19.
(Pub. L. 93- 234) and the Regulations thereunder (24 CFR Ch. 58.6, sub chap. B). The Agency shall
comply with the Regulations at 24 CFR section 570.605.
AIR AND WATER POLLUTION
The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 et
seq.) and the Federal Water Pollution Control Act; as amended (33 USC sections 1251 et seq.) and the
regulations' issued thereunder (40 CFR pt. 15).
LEAD-BASED PAINT POISONING
The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to
the Lead-Based Paint Poisoning Prevention Act (42 USC sections 4831 et seq.) requiring (1) prohibition of
the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for
construction, rehabilitation, or modernization of residential structures); (2) elimination of immediate
lead-based paint hazards in residential structures; and (3) notification of the hazards of lead-based paint
poisoning to purchasers and tenants of residential structures constructed prior to 1978.
All work performed on lead-containing surfaces must conform to lead-safe practices and be completed by
workers who are either supervised by an EPA-certified abatement supervisor or be performed by workers
trained in lead-safe work practices. If abatement options are specified in the work write-up, the contractor
must hire an EPA-certified and state-licensed abatement contractor and submit proof of their current state
license and insurances.
NON.DISCRIMINATION BASED ON DISABILITY
When and where applicable, the agency shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794) and Title II of the Americans with Disabilities Act as amended, Public Law 101-
336 (1990), to ensure that no otherwise qualified individual with a disability in the United States shall, solely
by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving financial assistance under this
agreement.
NON-SUBSTITUTION FOR LOCAL FUNDING
The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce
substantially the amount of local financial support for community development activities below the level of
such support prior to the availability of funds under this Agreement.
PUBLIC OWNERSHIP
For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it
may become necessary to grant the County a property interest where the subject project calls for the
acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and
improvements. The Agency shall comply with current County policy regarding transfer of a property interest
sufficient to meet the public ownership requirement.
PUBLIC INFORMATION
A. In all news'releases and other public notices related to projects funded under this Agreement, the
Agency shall include information identifying the source of funds as the Anoka County Community
Development Block Grant Program.
For all construction projects the Agency shall erect a sign to County specifications at the construction
site, identifying the source of funds, except that this requirement may be waived for construction
projects of Ten Thousand and no/100 ($10,000.00) Dollars or less.
APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS
A. An Agency (recipients and subrecipients) that is a governmental entity (including public agencies) shall
comply with the requirements and standards of OMB Circular No. A-87, "Cost Principles for State,
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Local and Indian Tribal Governments"; OMB Circular A-128, "Audits of State and Local Governments
(implemented at 24 CFR part 44); and with the following sections of 24 CFR Part 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements
Governments" or the related CDBG provision, as specified in this paragraph:
(1) Section
(2) Section
(3) Section
(4) Section
(5) Section
(6) Section
(7) Section
(8) Section
shall be
(9) Section
(10) Section
(11) Section
(12) Section
(13) Section
(14) Section
(d) and
(15) Section
(16) Section
shall be
(17) Section
(18) Section
(19) Section
(20) Section
to State and Local
85.3, "Definitions";
85.6, "Additions and E~ceptiohs";
85.12, "Special grant or subgrant conditions for 'high-risk' grantees";
85.20, "Standards for financial management systems," except paragraph (a);
85.21, "Payment," except as modified by § 570.513;
85.22, "Allowable costs";
85.26, "Non-federal audits";
85.32, "Equipment,'i except in all cases in which the equipment is sold, the proceeds.-
program income;
85.33, "Supplies";
85.34, "Copyrights";
85.35, "Subawards to debarred and suspended parties";
85.36, "Procurement," except paragraph (a);
85.37, "Subgrants";
85.40, "Monitoring and reporting program performance," except paragraphs (b) through
paragraph (f);
85.41, "Financial reporting," except paragraphs (a), (b), and (e);
85.42, "Retention and access requirements for records," except that the period
four years;
85.43, "Enforcement";
85.44, "Termination for convenience";
85.51, "Later disallowances and adjustments" and
85.52, "Collection of amounts due."
B. An Agency (subrecipient), except agencies that are governmental entities, shall comply with the
requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-profit Organizations"
or OMB Circular No. A-21, "Cost Principles for Educational Institutions," as applicable, and OMB
Circular A-133, "Audits of Institutions of Higher Education and Other Non-profit Institutions (as set forth
in 24 CFR part 45). Audits shall be conducted annually. Such subrecipients shall also comply with the
following provisions of Uniform Administrative requirements of OMB Circular No. A-110 (implemented
at 24 CFR part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-profit Organizations") or the related CDBG provision as
specified in this paragraph:
(1) Subpart A - "General";
(2) Subpart B - "Pre-Award Requirements," except for § 84.12, "Forms for Applying for
Federal Assistance";
(3) Subpart C - "Post-Award Requirements,'' except for:
(i) Section 84.22, "Payment Requirements." Grantees shall follow the standards.of
§§ 85.20 (b) (7) and 85.21 in making payments to subrecipients;
(ii) Section 84.23, "Cost Sharing and Matching";
(iii) Section 84.24, "Program Income." tn lieu of § 84.24, CDBG subrecipients shall follow
§ 570.504;
(iv) Section 84.25, "Revision of Budget and Program Plans";
(v) Section 84.32, "Real Property." In lieu of § 84.32, CDBG subrecipients shall follow
§ 570.505;
(vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of § 84.34(g), the
following applies:
(A) In all cases in which equipment is sold, the proceeds shall be program income
(prorated to reflect the extent to which CDBG funds were used to acquire the
equipment); and
-11 -
PART III.
1.
(vii)
(viii)
(ix)
(x)
(4)
(B) Equipment not needed by the subrecipient for CDBG activities shall be transferred
to the recipient for the CDBG program or shall be retained after compensating the
recipient;
Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program
Performance";
Section 84.52, "Financial Reporting";'
Section 84.53(b), "Retention and access requirements for records." Section 84.53(b)
applies with the following exceptions:
(A) See the retention period referenced in § 84.53(b) pertaining to individual CDBG
activities; and
(B) The retention period starts from the date of submission of the annual performance
and evaluation report,, as prescribed in 24 CFR 91.520, in which the specific
activity is reported on for the final time rather than from the date of submission of
the final expenditure report for the award;
Section 84.61, "Termination." In lieu of the provisions of §84.61, CDBG subrecipients
shall comply with § 570.503(b)(7); and
Subpart D -"After-the-Award Requirements," except for §84.71, "Close-out Procedures."
EVALUATION AND RECORD KEEPING
EVALUATION
The Agency agrees to participate with the County in any evaluation project or performance report, as
designed by the County or the appropriate Federal agency, and to make available all information required by
any such evaluation process.
AUDITS AND INSPECTIONS
The Agency shall obtain an independent audit for any calendar year during which the agency expended at
least $500,000 of Federal funds. Qualified individuals who are sufficiently independent of those who
authorize the expenditure of Federal funds shall make such audit. The audit report shall state that the audit
was performed in accordance with the generally accepted governmental audit standards for financial and
compliance audits of the U. S. General Accounting Office Standards for Audit of Governmental
Organizations, Programs, Activities, and Functions, and the provisions of OMB A-110. When applicable, the
Agency shall also comply with the audit requirements of revised OMB Circular A-133 dated June 24, 1997.
The records and documents with respect to all matters covered by this contract shall be subject at all times
to inspection, review or audit by the County, Federal or State officials so authorized by law during the
performance of this contract and during the period of retention specified in this Part III.
RECORDS
As required by HUD Regulations, 24 CFR pt. 570, the Agency shall compile and maintain the following
records:
A. Financial Manaqement- such records shall identify adequately the source and application offunds for
.activities within this Agreement, in accordance with the provisions of the U.S. Office of Management
and Budget Circular A-102 or A-110 as appropriate. These records .shall contain information
pertaining to grant awards and authorizations, obligations, un-obligated balances, assets, liabilities,
outlays, and income.
Citizen Participation - Narrative and other documentation describing the process used to inform
citizens concerning the amount of funds available, the ranges of project activities undertaken, and
opportunities to participate in funded block grant projects.
C. Relocation - Indication of the overall status ofthe relocation workload and a separate relocation record
for each person, business, organization, and farm operation displaced or in the relocation workload.
-12-
Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during
inspection, (b) at least one property appraisal, (c) statement of basis for determination of just
compensation, (d) written offer of just compensation, (e) all documents involving conveyance, (0
settlement cost reporting statement, and (g) notice to surrender possession of premises.
Equal Opportunity- The Agency shall maintain racial, ethnic, and gender data showing the extent to
which' these categories of persons have participated in, or benefited from, the activities carried out
under this Agreement. The Agency shall also maintain data which records its affirmative action in
equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower- income
residents of the project area and to utilize business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
F. Labor Standards- Records shall be maintained regarding compliance of all contractors performing
construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603.
Determinations of Condition of Slum and Bliqht - The agency will submit:
(1) An attorney's opinion that an area designated as slum or blighted for the purpose of qualifying
a CDBG activity meets the State or local definition of same;
(2) The boundary of the area so designated;
(3)
A list of the conditions the CDBG-funded activity is intended to address. In the event that a
single property is designated as blighted, the community must submit a certified building
inspector's report on the conditions leading to that determination.
Economic Development- The agency will maintain copies of financial statements that indicate
the historical and projected income of a company approved for CDBG assistance. Those
records will include three years of profit and loss statements, balance statements-and
projected income statements. The agency will also keep records indicating the amount and
terms of assistance provided together with an explanation of how the assistance provided
meets the "necessary and appropriate" requirements communicated in the June 2, 1987
Stokvis memorandum.
I. Such other records as may be required by the County and/or HUD.
RETENTION OF RECORDS
Records documenting this 2005-funded project shall be retained by the Agency through June 30, 2011,
except as follows: (1) Records that are the subject of audit findings shall be retained for five (5) years after
such findings have been resolved. (2) Records for nonexpendable property shall be retained for five (5)
years after its final disposition. Nonexpendable property is defined in the U.S. Office of Management and
Budget Circular No. A-102 or A-110 as appropriate.
REPORTS
The Agency shall submit such reports as required by the County on a monthly and annual basis and also
prior to project execution.
-13-
Exhibit A
CDBG program income funds, recaptured project funds and unallocated funds from various program years (1998-2001-
2002-2003-2004) have been reallocated by Anoka County to the project described herein.
Project information included in this Exhibit A is taken from the application letter submitted by the designated Agency. Below
is a brief summary of the project - its' National Object and the target population it will serve. The original application letter for
this CDBG-funded activity is available for review upon request in the Anoka County Community Development Department.
AC
Project #
45O
Agency- Project Name
City of Columbia Heights: Columbia Heiqhts Redevelopment
Amount
Allocated
$247,908,82
CDBG funds are awarded to the City of Columbia Heights for the continuation of site redevelopment. Columbia Heights will
· use $217,908.82 for property acquisition of a site located at 3900 - 39th Avenue NE; and,
· use $30,000.00 for building demolition on a sited located at 322 - 40th Avenue NE.
Project is to be completed by: June 1, 2005
The National Objective is: Low / Moderate Income Area Benefit
This project will report a Benefit for: 2 Businesses
Reimbursement Requests: When submitting a request for reimbursement, please be sure the form is fully completed, dated and
signed and includes any other required documentation. This 2005 project should be completed and all reimbursement requests
submitted to our office prior to June 2, 2005 - otherwise, project funds may be subject to recapture.
Accomplishing Goals/Benefits: Accomplishment data verifying the project's benefit to it's designated target population must be gathered
and maintained by the Agency. Projects unable to document the accomplishment of designated benefits and goals will be required to
submit a written explanation for why those goals/benefits were not met. If the project fails to meet the designated National Objective Or
Benefit, the Agency may be required to reimburse allocated funds to HUB.
Record Retention: All records including participant surveys, accomplishment data or other required project data for this 2005 CDBG-
funded activity must be retained by the Agency through June 30, 2011. See item 4., page 14 of original Agreement for complete details.
Proiect Contact:
Randy Schumacher
(Print Name)
Phone: (763) 706-3675
Individual authorized to si,qn vouchers/reports:
Walter R,. Fehst-, .6ity Manaqer
Per Anoka County Board Resolution #85-23
Exhibit B
Urban Anoka Couhty CDBG
2004 Final Statement of Community Development
Objectives of Funds
Pursuant to Community Development Block Grant regulations, Anoka County has made available to the public the
following statement of final use of 2004 Anoka County CDBG funds. Citizens, non-profit groups, and other interested
persons are invited to comment upon this statement and upon Anoka County's performance of the CDBG program by
contacting Anoka County Community Development Department, Government Center, 7th Floor, 2100 Third Avenue,
Anoka, Minnesota 55303, telephone number 763-323-5709, Attention: Karen Skepper.
SPECIFIC OJBECTIVES
FOR 2004 ANOKA COUNTY
CDBG PROGRAM
The following objectives have been established for assisting communities and citizen groups in the formulation of
specific program activities.
Support decent, safe housing for residents in Anoka County through: (1) rehabilitation of existing
structures; (2) eligible assistance for construction of new lower income housing; (3) acquisition of housing
suitable to meet lower income needs.
Assist program efforts to redevelop blighted areas through: acquisition and clearance, upgrading public
facilities and Utilities, encouraging new development, seeking local financial commitment to the
effort.
Develop and upgrade public facilities and utilities which serve primarily lower income
persons or which are an integral part of redevelopment efforts in blighted areas.
Support economic development in Anoka County to provide new jobs, primarily for
lower income persons.
5. Promote the removal of architectural barriers.
6. Provide funding for public service activities which serve primarily lower income persons.
7. Planning and administration to support the above.
The above objectives were developed in cooperation with the communities in Anoka County and are based on need
as illustrated by statistics drawn from 1990 census data and comments from community residents. Overall, they are
a continuation of past CDBG programs, with many communities sustaining efforts begun in those years.
Exhibit C
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
DATE February 21, 1985 RESOLUTION NO,
OFFERED BY COMMISSIONER kangfeld
85-23
TIMELY ~XPENDITURE OF C.D.B.G. FUNDS
WHEREAS, Anoka Cou. nty is an Entitlement County and therefore receives
annual Community Development Block Grant (CDBG) allocations from the U.S.
Department of Housing and Urban Developmedt; and,
WHEREAS, the Anoka County Board of Commissioners makes these CDBG funds
available to municipalities in Anoka County for eligible projects; and,
WHEREAS, Anoka County, as the grantee, is responsible for the timely
expenditure of CDBG funds; and,
WHEREAS, Anoka County's performance is measured in part by such timely
performance; and,
WHEREAS, Anoka County may be subject to HUD fbcal sanctions for failure to
expend CDBG funds within a reasonable period of time:
NOW, THEREFORE, BE IT RESOLVED that the .Anoka County Board of
Commissioners adopts the following Policy Regarding Schedule for Expenditure of
Community Development Block Grant Funds by Anoka County Subgrantees:
POLICY REGARDING SCHEDULE FOR EXPENDITURE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BY ANOKA COUNTY SUBGRANTEES
Community Development Block Grant Funds will be reserved for eligible budgeted
subgrantee activities for up to 18 months after notice of availability of such funds for
expenditure. If a community fails to e~pend CDBG project funds within that time
limit, the Anoka County Board of Commissioners will withdraw the allocation for that
project.
In order that communities may h'ave adequate notice of the impending withdrawal,
County CDBG staff will notify those communities which have not committed CDBG
project funds within 12 months after the start of the applicable CDBG program year of
that condition. Such notice will enable those communities to re-evaluate projects and
to program the funds if necessary.
Those communities which are in violation of the 18 month rule at the time of adoption
of this policy will be given six months from the date of the County Board Resolution
referencing this policy, to expend their. CDBG project funds. A' the end of the six
month period, the funds will be subject to withdrawal.
The Anoka County Board may on an individual case basis, elect to waive the 18 month
rule if the Board should determine that the project delay is caused by forces outside
the control of the community and that project completion is feasible within a
reasonable amount of time.
Funds which revert to Anoka County shall be reallocated at the discretion of the '
County Board to either other projects,submitted by communities or to County-wide
activities.
Any community based groups or other subgrantees of communities must be notified of
this policy when they are considered for CDBG funding.
RESOLUTION #85-23 (Continued)
YES
District tJl - Haas X Haas
District tf2 - Bbrman X Burmah
District tt3 - Langfeld X Langfeld
District fl4 - Kordiak X Kordiak
District IfS - Cenaiko X Cenoiko
District ttb - McCarron X McCarron
District #7 - Erhort X Erhart
NO
State of Minnesota ) SS
County of Anoka )
17 John 'Uay" McLinden, County Administrator, Anaka County~ Minnesota~ hereby
certify that I have compared the foregoing copy of the resolution of the County Board
of said County with the original record thereof on file in the Administration Office,
Anoka County, Minnesota, as stated in the minutes of the proceedings of said Board at
a meeting duly held on February 21, 1985, and that the same is a true and correct copy
of said original record and of the whole thereof, and that said resolution was duly
passed by said Board at said meeting.
Witness my hand and seal this 21~t day of February, 1~85.
~I,DT--tN '~J~rt'" gcLIND~KI'
'COUNTY ADMINISTRATOR
Exhibit D
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
DATE April 23, 1985 RESOLUTION NO
OFFERED BY COMMISSIONER hangfeld
85-&2
COUNTY BOARD POLICY'-
. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME
AMENDING RESOLUTIONS 8 I-I 07 AND 82-53
WHEREAS, Title I of the Housing and Community Development Act of 1974 as
amended provides for a program of Community Development Block Grants; and,
WHEREAS, the Anoka County Board of Commissioners has been designated as an
"Urban County" by the Federal Housing and Urban Development Department and
consequently is eligible to participate in the National Community Development Block
Grant Program; and,
WHEREAS, the Anoka County Board of Commissioners has directed the
preparation of a plan under the C6mmunity Development Block Grant Program in
concert with the municipalities of Anoka County; and,
WHEREAS, as a portion of said plan, municipalities os the sub-grantee of
Community Development Block Grant funds may utilize said funds in various program
forms to benefit Iow and moderate income persons, to aid in the prevention or.
elimination of slums or blight or to meet other community development needs having a
particu!ar urgency because of threat to health and safety; and, x
WHEREAS,' "program income" means gross income earned by the sub-grantee
from the grant supported activity such as: proceeds from the sale of real or personal
property, interest earned on escrow accounts, revolving rehabilitation accounts or
lump sum rehabilitation accounts, income from service fees, sale of commodities,
.usage or rental fees, loan proceeds from rehabilitation or economic development loans,
and interest earned on revolving loans and proceeds from special assessments levied to
recover the cost of constructing a public'works or facility to the extent that such cost
was initially paid with the Community Development Block Grant funds; and,
WHEREAS, in accordan~:e with Federal regulations, Anoka County as the
Community Development Block Grant recipient must receive all program income. The
County then may use said funds for any eligible Community Development Block Grant
activity and the County must expend revenues generated by program income before
further drawdown requests will be authorized; and,
?
WHEREAS, payments of interest and principal due on economic.development
loons to private industry, which are made to a revolving loon account which was
approved os o C.D.G.B. grant to o State-certified local development corporation are
not considered by HUD to be "program income": '
NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of
Commissioners does hereby establish as a matter of policy that:
I) All income from CDBG-funded activities which meets the above definition of
program income, shall be promptly forwarded to Anoko County.
.2)
Each LDC which has a CDBG revolving loan account for economic development
will retain loan repayments within the account for continued use for economic
development and that the County o'r the city will execute an agreement with the
LDC which will include:
a) Prohibition of conflict of interest as provided in HUD Regulation 2L~CF.R
Part 570.61 I.
b) Compliance with Title'Vl of the Civil Rights Act of 1964.
c)
Requirement for the LDC to submit quarterly reports to the Anoka County'
Community Development Director regarding the use and results of
expenditure of funds from the revolving loan account for so long as Anoka
County remains an entitlement county.
d) Any other provisions required by State or Federal law or regulation.
RESOLUTION I18S-42 (Continued)
Page 2
3) : Anoka County will establish as of Mai I, 1985, a ~evolving loan account for
.deposit of all economic development loan payments received by Anoka County.
BE IT FURTHER RESOLVED that, oil program income received by Anoka County
from activities funded in total or part from a municipality's CDBG project, will
increase that community's budget for eligible CDBG activities and shall therefore be
available to the community for future expenditure pursuant to the Joint Cooperation
Agreement in effect at the time of expenditure.
YES
District itl - Haas X Haas
District it2 - Burmah X Burmah
District t/3 - kangfeld X kangfeld
District ~JLt- Kordiak ' X ' Kordiak
District ttS- Cenaiko X Cenoikc~
District tf6 - McCarron X McCarron
District tt7 - Erhart X Erhart
· NO
State of Minnesota ) SS
County of Anoka )
I,' John "Jay" McLinden, County Administrator, Anoka County~ Minnesota, hereby
certi'fy that I have compared the foregoing copy of the resolution of the County Board
of said County with the original record thereof on file in the Administration Officer
Anoka County, Minnesota, as stated in the minutes of the proceedings of said Board at
a meeting duly held on April 23, 1985, and that the same isa true and correct copy of
said original record and of the whole thereof, and that said resolution was duly passed
by said Board at said meeting.
Witnes~ my hand and seal this 23rd day of April, 1985.
Exhibit E
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
August 12, 198~;
DATE RESOLUTION NO.
Haas Steffen
OFFERED BY COMMISSIONER
8~;-70
COUNTY BOARD POLICY -
COMMUNITY DEVELOPMENT BLOCK GRANT PROGFL/kM INCOME
AMENDING RESOLUTION 85-lt2
WHEREAS, Title 1 of the Housing and Community Development Act of 1974 as
amended provides for a program of Community Development Block Grants; and,
WHEREAS, the Anoka County Board of Commissioners has been designated as an
"Urban County" by the Federal Housing and Urban Development Department end
consequently is eligible to particip'atff in the National Community Development Block
GrQnt Program; and,
WHEREAS, the Anoka County Board of Commissioners has directed the
preparation of a plan under the Community Development Block Grant Program in
cdncert with the municipalities of Anoka County; and,
WHEREAS, . as a portion of said plan, munLcipalities as the sub-grantee of
Community Dev.elopment Block Grant funds may utilize said funds in various program
forms to benefit Iow and moderate income persons, to aid in the prevention or
elimination of slums or blight or to meet other community development needs having a
particular urgency because of threat to health and safety; and,
WHEREAS, "program income" means income earned by the sub-grantee from the
g~ant supported activity such as: proceeds from the sale of real or personal property,
interest earned on escrow accounts, revolving rehabilitation accounts or lump sum
rehabilitation accounts, income from service fees, sale of commodities, usage or
rental fees, Ioan proceeds from rehabilitation or economic development loans, and
interest earned on revolving loans and proceeds from special assessments levied to
recover the cost of constructing a public works or facility to the extent that such cost
was initially paid with the Community Dbvelopment Block Grant funds; and,
WHEREAS, in accordance with Federal regulations, Anoka' County as the
Community Development Block Grant recipient must receive all prog'ram income, to
be used for any eligible Community Development Block Grant activity and the County
must expend revenues generated by program, income before further drawdown requests
will be authorized:
NOW, THEREFORE, BE IT RESOLVED that the Anoka Coun.ty Board of
Commissioners does hereby establish as a matter of policy that:
1) All CDBG program income meeting the above definition, except payments to a
County-approved LDC revolving loan account, shall be promptly forwarded to
Arfoka County.
2) Each LDC which has a CDBG revolving loan account for economic development
will retain loan repayments within the account for continued use for economic
development subject to all CDBG regulations, and that the County or the city
will execute an agreement with the LDC which will include:
a) Prohibition of conflict of interest as provided in HUD Regulation 24CFR
Port $70.~11.
b) Compliance with Title V'I of the Civil Rights Act of 1964.
c) Requirement for the [_DC to submit quarterly reports to the Anoko County
Community Developcnent Director regarding the use and results of
expenditure of funds from the revolving loon Occount for so long os Anoka
County remains on entitlement county.
d) Any other provisions ~equired by State Or Federal Iow or regulation.
3) Anoko County has established os df May I, 1985, o revolving loon account for
deposit of oil economic development loon payments received by Anoko County.
BE IT FURTHER RESOLVED that, oil program income received by Anoko County
from activities funded in total or port from o municipality's CDBG project will
increase that community's budget for' eligible CDBG activities and shall therefore be '
available to the community for future expenditure pursuant to the'Joint Cooperation
Agreement in effect at the time of expenditure.
FLESOLUTION//:86-70
Page 2
YES
District Ill - Haas Steffen X Haas Steffen
District tf2 - Burmah X Burmah
District 1t3 - Langfeld Absent Langfeld
District tt4 - Kordiak X Kordiak
District tf5 ~ Cenaiko X Cenaiko
District tt~ - McCarron X McCarron
District tt7 - Erhort X Erhort
NO
State of Minnesota ~ SS
County of Anoka
I, John "Jay" McLinden, County Administrator, Anoka County, Minnesota, hereby
certify that I have compared the foregoing copy of the .resolution of the County Board.
of said County with the original record thereof on file in the Administration Office,
Anoka County, Minnesota, as stated in the minutes of the proceedings o'f said Board at
a rneeting duly held on August 12, 198~, and that the same is a true and correct copy
of said original record and of the whole theTeof, and that said resolution was duly
passed by said Boqrd at said meeting.
Witness my hand and seal this 12th day of August, 198~;. -
,.~HN "J,~" /~LINDEN
COUNTY ADMINISTRATOR
Exhibit F
CERTIFICATION
The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement.
(2) If any funds other than federally appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less that $10,000 and not more than $100,000 for each such failure.
AGENCY: . ~'~'~'~
Its: Mayor- Gary L. Peterson
Date:
By:
Its:
Date:
Cit,y Manaqer- Walter R. Fehst
Equal Employment
Opportunity Certification
Excerpt From 41 CFR §60-1.4(b)
E~hitit G
U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner,
Department of Veterans Affairs
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modifi-
cation thereof, as defined in the-regulations of the Secretary of
Labor at 41 CFR Chapter 60, which is paid for in whole or in part
with funds obtained from the Federal Government or borrowed
on the credit of the Federal Government pursuant to a grant,
contract, loan insurance, or guarantee, or undertaken pursuant to
any F.ederal 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:
(i) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, or national origin. The contractor will' take affirmative
action to ensure that applicants are employed, and that em:
ployees are treated daring employment without regard to
their race, color, religion, sex, or national origin, such action
shall include, but not be limited to the following: Employ-
ment, upgrading, demotion, or transfer; recruitment or re-
cruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the
provisions of. this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that
all qualified applicants will receive considerations for em-
ployment without regard t6 race, color, religion, sex, or
national origin.
(3) The contractor will send to each labor union or representative
of workers with which it has a collective bargaining agree-
ment or other contract or understanding, a notice to be
provided advising the said labor Union or workers' represen-
tatives 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, regu-
lations and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports re-
quired by Executive Order 11246 of September 24, 1965, and
by rules, regulations, and orders of thc Secretary of Labor, or
pursuan't thereto, and will permit access to its books, records,
and accounts by' the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compli-
ance 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 can-
celed, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Govern-
m~nt contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in. Executive
Order I 1246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence imme-
diately preceding paragraph (1) and the provisions of para-
graphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Sec-
fetary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that ~uch provisions
will be binding upon each subcontractor or ver/dor. The
contractor will take such action with respect to any subcon-
tract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, That in
the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor
may request the United States to enter into such litigation to
protect the interests of the United States.
The applicant 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 applicant 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 applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtainifig
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 administering
agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will
otherwise assist thc administering agency in the .discharge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order
11246 of September 24, 1965, with a contractor debarred from, or
who has not demonstrated eligibility for, Government. cantracts
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
Firm Name and Address
City of Columbia Heights
590 40th Avenue NE
Columbia Heights~ MN 55421
City Manager- Walter R. Fehst
form HUD-92010 (1/82)
VA form 26-421
upon contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assis2
tance to the applicant under the program with respect to which the
failure or refund occi~rred until satisfactory assurance of future
compliance has been received from such applic, ant; and refer the case
to the Department of Justice for appropriate legal proceedings.
Excerpt from II(ID Regulations
200.410Definition of term "applicant".
(a) In multifamily housing transactions where controls over the
mortgagor are exercised by the Commissioner either through
the ownership of corporate stock or under the provisions of
a regulatory agreement, the term "applicant" as used in this
subpart shall mean the mortgagor.
(b) In transactions other than those specified in paragraph(a) of
this section, the term "applicant" as used in this subpart shall
mean the builder, dealer or contractor performing the con-
struction, repair or rehabilitation work for the mortgagor or
other borrower.
200.420Equal Opportunity Clause to be included in contracts and
subcontracts.
(a) The following equal opportunity clause shall be included in
each contract and subcontract which is not exempt:
During the performance of this contract, the contractor agrees
as follows:
(1) The contractor wiI1 not discriminate against any em-
ployee or applicant for employment because of race, creed,
color, or national origin. The contractor will take affirmative
action to ensured that applicants are employed, and that
employees are treated during employment without regard to
their race, creed, color, or national origin. Such action shall
include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or temaination; rates of pay or other forms
of compensation; and selection for training, including ap-
prenticeship.. The contractor agrees 'to post in conspicuous
places, available to employees and applicants for employ-
ment, notices to be provided setting forth the provisions of
the nondiscrimination clause.
(2)The contractor will in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard race, creed, color, or national origin.
(3) . The contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargain-
ing agreement or other contract or imderstanding, a notice, to
be provided, advising the said labor union or workers' repre-
sentative of the contractor's commitments under this section,
and shall post copies of the notices in conspicuous places
available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Ex-
ecutive Order 10925 of March 6 1961, as amended, and of the
regulations, and relevant orders of the President's Commit-'
tee on Equal Employment Opportunity created thereby.
(5) The contractor will furnish all information and reports
required by Executive Order 10925 of March 6, 1961, as
amended, and by the regulations, and orders of the said
Committee, or pursuant thereto, and will permit access to his
books, records, and accounts by HUD and the Committee for
purposes of investigation to ascertain compliance with such
regulations, and orders. -
(6) In the event of the contractor's n~n:~omp, liance w_ith
the nondischminafion clause of thi~-~ntract or with any~c~f
the said regulations, or orders, this contract may be can-
celled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Govern-
ment contracts or Federally-assisted construction contracts
in accordance with pro.cedures authorized in Executive Order
10925 of March 6, 1961, as amende, and such other sanctions
may be imposed and remedies invoke s provided in the said
Executive Order or by regulations, or order of the President' s
Committee on Equal Employment Opportunity, or as other-
wise provided by law.
(7) The 'contractor will include the provisions of Para-
graphs(I) through (7) in every subcontract or purchase order
unless exempted by regulations, or orders of the President's
Committee on Equal Employment Opportunity issued pursu-
ant to Section 303 of Executive Order 10925 of March 6,
1961, as amended, so that such provisions will be binding
upon each subcontractor or vender. The contractor will take
such action with respect to any subcontract or purchase
orders as HUD may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided,
however, that in the event the contractor becomes involved
in, or is threatened with, litigation with a sub/ontractor or
vender as a result of such dh-ection by HUD, the contractor
may request the United States to enter into such litigation to
protect the interests of the United States.
(b) Except in subcontracts for the performance of construction
work at the site of construction, the clause is not required to
be inserted in subcontracts below the second tier. Subcontracts
may incorporate by referenced to the equal opportunity clause.
200.425Modification in and exemptions from the regulations in
this subpart.
(a) The following transactions and contracts are exempt from the
regulations in this subpart:
(1) Loans~ mortgages, contracts and subcontracts not ex-
ceeding $10,000.
(2) Contract and subcontracts not exceeding $100,000 for
standard commercial supplies or raw material;
(3)Contracts and subcontracts under which work is to be or has
been performed outside the United States and where no recruit-
ment of workers within the United States in involved. To the
extent that work pursuant to such contracts is done within the
Untied States, the equal oPPortunity clause shall be applicable;
(4) Contracts for the sale of Government property where
no appreciable amount of work is involved; .and
(5) Contracts and subcontracts for an indefinite quantity
which are not to extend for ore than one year if the purchaser
determines that the amounts to be ordered 'under any such
contract or subcontract are not reasonably expected to exceed
$100,000 in the case of contracts or subcontracts for standard
commercial supplies and raw materials, or $10,000 in the
case of all other contracts and subcontracts.
form HUD-92010 (1/82)
VA form 26-421
Federal Labor Standards Provisions
Exhibit H
U.S. Department of Housing
and Urban Development ·
Applicability
The Project or Program to which the construction work covered by
this contract pertains is being assisted by the United States of America
and the foil.awing Federal Labor Standards Provisions are included in
this Contract pursuant to the provisions applicable to such Federal
assistance.
A,. 1. (i) Minimum Wages. All laborers and mechanics employed
or working upon the site of the work (or under the United States Hous-
ing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not
less often than once a week, and without subsequent deduction or.re-
bate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor under the Copeland
Act (29 CFR Part 3), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof@ due at time of payment com-
puted at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be al-
leged to exist between the contractor and such laborers and mechan'
ice. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section l(b)(2) of the Davis-Bacon Act on be-
half of laborers or mechanics are considered wages paid to such la-
borers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv);
~s0, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds,
or programs, which cover the particular weekly period, axe deemed to
be constructively made or incurred during such weekly period.
Suoh laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided
in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified
for each classification for the time actually worked therein: Provided,
That the ~mployer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage determi-
nation (including any additional classification and wage rates con-
formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the contractor and its sub-
contractors at the site of the work in a prominent and accessible, place
where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. HUD
shall approve an additional ~lassification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(I) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction in-
dustry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the w~ge rates contained in the wage
determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or
· its designee agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by HUD or its designee tn the Adminls-
trator of the Wage and Hour Division, Employment Standards Admin-
istration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that additional time is necessary.
(Approved by the Offioe of Management and Budget under OMB con-
trol number 1215-0140.)
(e) In the event the contractor, the laborers or mechanics to be em-
ployed in the classification or their representatives, and HUD or its
designee flu not agree on thc proposed classification and wage rate
(including the amount designated for fringe benefits, where appropri-
ate), HUD or its designee shall refer the questions, including the views
of all interested parties and the recommendation of HUD or its desig-
nee, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days
of receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that additional time is necessary.
(Approved by the Office of M~nagement and Budget under OMB Con-
trol Number 1215-0140.)
(fl) The wage rate (including fringe benefits where appropriate) de-
termined pursuant to subparagraphs (l)(b) or (c) of this paragraph,
shall be paid to all workers performing work in the classification un-
der this contract from the first day on which work is performed in the
classification.
(iii) 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 rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages o[ any
laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Pro-
vided, That the Secretary of Labor has found, upon the written re-
quest of the contractor, that the applicable standards of thc 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. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Depart-
ment of Labor withhold or eanse to be withheld from the contractor
under this contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted oontraet subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime
contractor so much of the accreed payments or advances as may be
oonsidered necessary to pay laborers and mechanics, including
prentioes, trainees and helpers, employed by the contractor or any
subcontractor the full amount Of wages required by the contract In the
event of failure to pay any laborer or mechanic, including any appren-
tice, trainee or helper, employed or working on the site of the work
(or under the United States Housing Act of 1937 or Under the Housing
Act of 1949 in the construction or development of theproject), all or
part of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsbr, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations
form HUD-401 D (2/84)
Previous edition is obsolete Page 1 of 4 ret Handbook 1344.1
have ceased. HUD or its designee may, after written notice to the
contractor, disburse such amounts withheld for mad on account of the
contractor or subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such disbursements in
the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relat-
ing thereto, shall be maintained by the contractor during the course of
the work preserved for a period of three years thereafter for all labor-
ers and mechanics working at the site of the work (or under the United
States Housing Act of 1937. or under the Housing Act of 1949, in the
construction or development of the project). Such records shall con-
rain the name, address, and social security number of each such worker,
his or her correct classification, hourly rate-~ of wages paid (including
rates of contributions or costs anticipated for bona fide fringe ben-
efits or cash equivalents thereof of the types described in Section
l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Sec-
rotary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reason-
ably anticipated in providing benefits under a plan or program de-
scribed in Section l(b)(2)(B) of the Davis-Bacon Act, the contracto~
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 laborer~ or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such ben-
efits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of ap-
prenticeship programs and certification of trainee programs, the reg-
istration of the apprentices and trainees, hud the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OM B Control Numbers 1215-0140
and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which
any contract work is performed' a copy of all payrolls to HUD or its
designee if the agency is a party to the contract, but if thc agency is
not such a party, the contractor will submit the payrolls to the appli-
cant sponsor, or owner, as the case may be, for transmission to HUD
or its designee. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29
CFR Part $.5(a)(3)(.i). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and
may be purchased from the Superintendent of Documents (Federal
Stock Number 029-005-001314-1), U.S. Government Printing Office,
Washington, DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Appro~,ed by
the OFF ice of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the noun:actor or subcontractor or his or her
agent who pays or Supervises'the payment of the persons employed
under the contract mad shall certify the following:
{1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that
such information i-~ correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either dj-
·mctly or indirectly, and that no deductions have been made either
direcfly or indirectly from the full wages earned, other than permis.
sible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the ~'.
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall, satisfy the
requirement for submission of the "Statement of Compliance', required
by paragraph A.3.(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution under
Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code. :
(iii) The contractor or subcontractor shall make the records required
under paragraph A.3.(i) of this section available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its des-
ignee or the Department of Labor, and shall permit such representa-
tives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to
make them available, HUD or its designee may, after written notice to
the contractor, sponsor, applicant or owner, take such action as-may
be necessary to cause the suspension of any further payment advance,
or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records avai.lable may be grounds
for debarment action pursuant to 29 CFR Part 5.12..
4. Apprentices and Trainees,
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide ap-
prenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration. Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of
probationary employment ms an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency .(where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate, who is not registered or other-
wise employed as stated above, shall be paid not less than the appli-
cable wage rate on the wage determination for the Classification of
work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered .
program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.. Where a con-
tractor is performing construction on a project in a locality other than
that in which its pro. gram is registered, the ratios and wage rates
pressed in percentages of the journeyman's hourly rate) specified in
the contractor's or subeontractor's registered program shall be ob-
served. Every apprentice must be paid at not less than the rate speci-
fied in the registered program for the apprentice's level .of progress,
expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall'be paid fringe
benefits in accordance with the provisions of the apprenticeship pro-
gram. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Afl-
ministrator determines that a different practice prevails for the appli-
cable apprentice classification, fringes shall be paid in accordance
form HUD-4010 (2/B4)
Previous edition is obsolete Page 2 of 4 faf. Handbook 1344.1
· ~ith that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the eon-
tractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii). Traiuees. Except as provided in 29 CFR 5.16, trainees will not
be permitte¢ to work at less than the predetermined rate for the work
performed unless they are employed pursuant ',to and individually
registered in'a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employ-
ment and Train!ns Administration. The ratio of trainees to journey-
men on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Ever~
trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage
of the journeyman hourly rate specified in the applicable wage deter-
mination. Trainees shall be-paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of'
the Wage and Hour Division determines that there is an apprentice-
shil~ program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the work
actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage deter-
mination for the work actually performed. In the event the Employ-
ment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees
at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal .employment opportunity. The utilization of appren-
tices; trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Pan 30.
5. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR Part 3 which are incor-
porated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any
subcontracts the clauses contained in 29 CFR 5.5(a)(1.) through (10)
and such other clauses as HUD or its designee may by appropriate
instructions require, and alscr'a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime con-
tractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with ail the contract clauses in 29 CFR
P~n 5.5.
7. Contract termination; debarment. A breach of the contraot
clauses in 29 CFR 5.5 may be grounds for termination of the contract
and for debarment as a contractor and a subcontractor as provided in
29 CFR 5.12.
8. ComPliance with Davis-Bacon and Related Act Requirements. All
rulings and interpretations of the Davis-Bacon and Related Acts con-
mined in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer-
ence in this contract
9. Disputes eoncerai~g labor standards. Disputes arising out of
.the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of La-
bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its
subcontractors) and HUD or its designee, the U.S. Department of La-
bor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this Contract
th~ contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(ii) No part Of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of Sec-
tion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I ) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(iii) The penalty for making false statements is prescribe~] in the U.S.
.Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code,
Section I 01 0, Title 18, U.S.C., "Federal Housing Administration
transactions", provides in part: "Whoever, for the purpose of... in-
fluencing in any way the action of such Administration ..... makes,
utters or publishes any statement knowing the same to be false .....
shall be fined not more than $5.000 or imprisoned not more than two
years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No
laborer or mechanic to whom the wage, salary, or other labor stan-
dards provisions of this Contract are applicable shall be discharged or
in any other manner discriminated against by the Contrantor or any
subcontractor because such employee has filed any complaint or in-
stituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor stan-
dards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in
this paragraph, the terms "laborers" and "mechanics" include watch-
men and guards.
(1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or in-
volve the employment of laborers or mechanics shall require or per-
mit any such laborer or mechanic in any workweek in which he or she
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 the 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, whichever is greater.
(2) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the clause scl forth in subparagraph (1)
of this paragraph, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such con-
tractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated dam-
ages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (1) of
this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitteO 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 sub para-
graph (1) of this paragraph.
form HUD-4010 (2/84)
Previous edition is obsolete Page 3 of 4 rsf. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated damages. HUD
or its designee shall upon ils own action or upon written request of an
authorized representative of the Department of Labor withholdor cause
to be withheld, from any moneys payable on account of work per-
formed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract, or any other
Federally-..assisted contract subject to the Contract Work Hours and
Safety Standards Act which is held b.y the same prime contractor such
sums as may be determined to be necessary to satisfy any liabilities
of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (I) through (4) of
this paragraph and also a clause requiring the subcontractors to in-
clude · these clauses in any lower tier subcontracts. The prime con-
tractor shall be responsible for compliance by any subcontractor ot
lower tier subcontractor with the clauses set forth in subparagraphs
(1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under Working conditions which are unsanitary, hazardous, or dan-
gerous to his health and safety as determined under construction safety
and health standards promulgated by the Secretary of Labor by regu-
lation.
(2} The Contractor shall comply with all regulations issued by the
Secretary of Labor.pursuant to Title 29 Part 1926 (formerly part 151
8) and failure to comply may result in imposition of sanctions pursu-
ant to the Contract Work Hours and Safety Standards Act (Public Law
91-54, 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in ev-
ery subcontract so tha! such provisions will be binding on each sub-
contractor. The Contractor shall take such action with respect to any
subcontract as the Secretary of Housing and Urban Development or
the Secretary of Labor shall direct as a means of enforcing such pro-
visions.
form HU D--4010 (2/B4)
Previous edition is obsolete Page 4 of 4 ret'. Handbook 1344.1