HomeMy WebLinkAboutCouncil Actions 01-22-90 (29916)
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 22, 1990
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call.
absent.
Vice-Mayor Fitzpatrick was
The invocation will be delivered by The Reverend Johnny T.
Loughridge, Sr., Pastor, ~esthampton Christian Church. Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
Introduction of Special Guests. The Mayor welcomed
exchange students from Roanoke's Sister City of Wonju, Korea.
C-1
C-2
CONSENT AGENDA (Approved 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION 1N THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSIO~ OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Qualification of Ms. Hortense W. Ruddick as a member of the
Mental Health Services Board of Directors for a term of three
years ending December 31, 1992.
RECOMMENDED ACTION: Receive and file.
Qualification of
Architectural Review
October 1, 1993.
Mr. Kenneth L. Motley as a member of the
Board for a term of four years ending
RECOMMENDED ACTION: Receive and file.
Request of Council Member Musser for an Executive Session to
discuss specific legal matters requiring the provision of legal
advice by Council, being the terms and conditions of a proposed
Consolidation Agreement between the City and Roanoke County,
pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as
amended.
(i)
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
Petitions and Communications:
A communication from the Roanoke City School Board recom-
mending appropriation of $96,735.00 for vocational educa-
tion teachers in the handicapped and disadvantaged
programs; and appropriation of funds to certain school
accounts·
Adopted Ordinance No. 29916-12290. (6-0)
A communication from the Roanoke City School Board recom-
mending approval of a State Literary Fund Loan application,
in the amount of $2.0 million, to provide funds for modern-
izing Crystal Spring Elementary School.
Adopted Resolution No. 29917-12290. (6-0)
Reports of Officers:
a. City Manager:
Briefings:
A report with regard to legislation enacted by the 1989
Session of the Virginia General Assembly which requires
the Department of ~otor Vehicles to issue distinctive
license plates for all vehicles used by cities, coun-
ties and towns.
Received and filed.
A report advising that the Virginia Department of
Transportation has employed a Conflict Resolution
Specialist to work with the City and the Greater
Deyerle Civic League to resolve certain potential
disagreements with regard to the Peters Creek Road
Extension.
Received and filed.
3. A status report by Virginia Tech on efforts concerning
The Hotel Roanoke.
Received and filed.
Items Recommended for Action:
4. A report with regard to supplemental funding for reno-
vating the Dumas Hotel on Henry Street.
(2)
e
10.
Referred to the City Attorney and the Director of
Finance for preparation of the proper measures to be
considered by Council at a regular meeting to be held
on Monday, February 5, 1990, at 2:00 p.m.
b. City Clerk:
A report advising of the expiration of the three year
terms of Mrs. Sallye T. Coleman and Mr. William White,
Sr., as School Board Trustees on June 30, 1990, and
further advising that applications for the upcoming
vacancies will be received in the City Clerk's Office
until 5:00 p.m. on Monday, March 12, 1990.
Received and filed.
Reports of Committees: None.
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
None.
9. Motions and Miscellaneous Business:
Inquiries and/or comments by the Mayor and Members of City
Council.
b. Vacancies on various authorities, boards, commissions and
committees appointed by Council.
Other Hearings of Citizens:
Certification of Executive Session (5-0, Vice-Mayor Fitzpatrick
and Mr. Garland were absent.)
(3)
Office of the City Clerk
January 24, 1990
File #15-22
Mr. Henry L. Woodward, Chairman
Mental Health Services Board of Directors
2201 Maiden Lane, S. W.
Roanoke, Virginia 24015
Dear ~4r. Woodward:
This is to advise you that Ms. Hortense W. Ruddick
as a member of the Mental Health Services Board of
a term of three years ending December 31, 1992.
Since re l y, t~,~
Mary F. Parker, CMC
City Clerk
has qualified
Directors for
MFP:ra
pc: Dr. Fred P. Roessel, Jro, Executive Director, Mental Health
Services of the Roanoke Valley, 301 Elm Avenue, S. ~.,
Roanoke, Virginia 24016
Room 456 Muni(ipalBuilding 215Chulch Avenue, S W Roanoke. Vi~glnia 24011 (703) 981 2541
0-2
Oafh or Affirmatior~f Office
8f~te o] Vdr~i~i~, Cirri o~ ~oanoke, ~o
, do solemnly swear (or affirm) that
will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me as
according to the best of my ability. So help me God.
d~v (~
Subscribed and sworn to before ~ne, this /;'~. of ~'~-~-~x /
_ _~ ~ _ , eputy~ Clerk
Office of the City Clerk
January 10, 1990
File #15-22
Ms. Hortense W. Ruddick
3339 Frontier Road, N. W.
Roanoke, Virginia 24012
Dear Ms. Ruddick:
At the regular meeting of the Council of the City of Roanoke held
on Monday, January 8, 1990, you were reelected as a member of the
Mental Health Services Board of Directors for a term of three
years ending December 31, 1992.
Enclosed you will find a Certificate of your reelection and an
Oath or Affirmation of Office which may be administered by the
Clerk of the Circuit Court of the City of Roanoke, located on the
third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the
Municipal Building prior to serving in the capacity to which you
were reelected.
For your information and pursuant to Section 2.1-341.1, Code of
Virginia (1950), as amended, I am enclosing copy of the Freedom
of Information Act.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
pc:
Mr. Henry L. ~'oodward, Chairman, ~ental Health Services Board
of Directors, 2201 Maiden Lane, S. W., Roanoke, Virgiaia
24015
Dr. Fred P. Roessel, Jr., Executive Director, Mental Health
Services of the Roanoke Valley, 301 Elm Avenue~ S. ~.~
Roanoke, Virginia 24016
Room4S6 MunicipalSuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, ~ary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof,
do hereby certify that at a regular meeting of Council held on
the eighth day of January, 1990, HORTENSE W. RUDDICK was
reelected as a member of the Mental Health Services Board of
Directors for a term of three years ending December 31, 1992.
Given under my hand and the Seal of the City of Roanoke this
tenth day of January, 1990.
City Clerk
Office of the City Clerk
January 24, 1990
File #15-249
~r. ~. L. ~hitwell, Chairman
Architectural Review Board
1255 Keffield Street, N. ~.
Roanoke, Virginia 24019
Dear Ur. Whitwell:
This is to advise you that ~r.
a member of the Architectural
years ending Qctober 1, 1993.
Kenneth L. ~otley has qualified as
Review Board for a term of four
Sincerely, f~
~ary F. Parker, CMC
City Clerk
MFP : ra
pc: Ms. Eveiyn S. Gunter, Secretary, Architectural Review t~oard
Room 456 MunicipaIBuilding 215 Church Avenue, S. W Roanoke, Virginia 24011 (703) 981-2541
0-2
Oafh or Affirmafiofi bf Office
State of Virginia, Ci~l o~ Roanoke, to .~it:
I, Kenneth L. Horley , do solemnly swear (or affirm) that
! will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all thc duties incumbent upon me as
a member of the Architectural Review Board for a term of four years
ending October l, 1993,
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this~_.~
Deputy Clerk
Office of the City Clerk
October 11, 1989
File #15-249
Mr. Kenneth L. Motley
2514 Robin Hood Road, S.
Roanoke, Virginia 24014
Dear Mr. Motley:
At the regular meeting of the Council of the City of Roanoke held
on Monday, October 9, 1989, you were reelected as a member of the
Architectural Review Board for a term of four years ending
October 1, 1993.
Enclosed you will find a Certificate of your reelection and an
Oath or Affirmation of Office which may be administered by the
Clerk of the Circuit Court of the City of Roanoke, located on the
third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. ~.
Please return one copy of the Oath of Office to Room 456 in the
.Municipal Building prior to serving in the capacity to which you
were reelected.
For your information and pursuant to Section 2.1-341.1, Code of
Virginia (1950), as amended, I am enclosing copy of the Freedom
of Information Act.
Sincerely, ~~_.~
Mary F. Parker, CMC
City Clerk
MFP:ra
Enc.
pc: Mr. W. L. Whitwell,
1255 Keffield Street,
Chairman, Architectural Review
N. W., Roanoke, Virginia 24019
Room456 MunicipalBuilding 215Chu[ch Avenue, S.W. Roanoke. Virginia 2~,011 (703)981-2541
CO~MONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I. Mary F. Parker, City Clerk. and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof.
do hereby certify that at a regular meeting of Council held on
the ninth day of October, 1989. KENNETH L. MOTLEY was reelected
as a member of the Architectural Review Board for a term of four
years ending October 1, 1993.
Given under my hand and the Seal of the City of Roanoke this
eleventh day of October. 1989.
City Clerk
Office of the Council
January 22, 1990
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mrs. Bowles and Gentlemen:
This is to request that City Council convene in Executive Session
to discuss specific legal matters requiring the provision of legal ad-
vice by counsel being the terms and conditions of a proposed Consolida-
tion Agreement between the City and Roanoke County. This Executive
Session is requested pursuant to §2.1-344(a)(7), Code of Virginia
(1950), as amended.
The City Attorney and I look forward to discussing this important
matter with you in Executive Session (I am advised that Vice-Mayor
Fitzpatrick will be unable to be with us due to bank business which
takes him to Richmond).
Sincerely yours,
Howard E. Musser
Council Member
HEM:f
Room 456 Municipal Building 2t5 C~urch Avenue, S.W. Roanoke, Virginia 240t I (703) 981-254t
Office of the City Clerk
January 24, 1990
File #60-467
~r. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear ~r. Schlanger:
I am attaching copy of Ordinance No. 29916-12290 amending and
reordaining certain sections of the 1989-90 Ceneral and Grant
Funds Appropriations, providing for the appropriation of
$96,735.00 for vocational education teachers in the handicapped
and disadvantaged programs. Ordinance No. 29916-12290 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, January 22, 1990.
Sincerely,
~lary F. Parker, CMC
City Clerk
MFP : ra
Eric.
pc: ~r. W. Robert Herbert, City Manager
Mr. James M. Turner, Jr., Chairman, Roanoke City School
Board, P. 0. Box 1689, Salem, Virginia 24153
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. ~ox 13105, Roanoke, Virginia 24031
Room456 MunicipalBuilding 215Church Avenue, S W. Roanoke, Virginia 240~1 {703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of January, 1990.
No. 29916-12290.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 General and Grant Funds Appropriations, and providing
for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1989-90 General and Grant
Funds Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Appropriations
Education
Instruction (1-2)...
Other Uses of Funds i~i~i~~~
Revenue
Grants-in-Aid Commonwealth (4) .....................
$63,528,013
44,821,537
897,293
$51,790,091
Grant Fund
Appropriations
Education
Licensed Practical Nursing (5) .....................
1989-90 Transitional Services (6-9) ................
Vocational Education Equipment (10) ................
Educational Technologies (11) ......................
Math/Science Curriculum Development (12-16) ........
$14,322,784
1,400
11,904
132,600
4,846
22,838
Revenue
Education
Licensed Practical Nursing (17) ....................
1989-90 Transitional Services (18) .................
Vocational Education Equipment (19-20) .............
Educational Technologies (21) ......................
Math/Science Curriculum Development (22) ...........
1) Vocational
Teachers
2) Comp. of
Teachers
3) Transfer to
Grant Fund
4) Vocational
Education
Revenue
5) Tuition
6) Contracted
Services
7) Travel
8) Instruct.
Materials
9) Climate
Study Mat.
10) Equipment
11) Computer
Equipment
12) Elementary
Inservice
Training
13) Social
Security
14) Printing
15) School
Field
Trips
16) Resource
Materials
17) Fed. Grant
Receipts
18) Fed. Grant
001-060-6001-6143-0121) $ 96,735
001-060-6001-6143-0121) ( 92,580)
001-060-6005-6999-0911) 92,580
001-060-6000-0636)
035-060-6421-6334-0382)
(035-060-6580-6553-0313)
(035-060-6580-6553-0551)
(035-060-6580-6553-0614)
(035-060-6580-6553-0615)
(035-060-6741-6343-0821)
(035-060-6958-6669-0821)
(035-060-6227-6314-0129)
(035-060-6227-6314-0201)
(035-060-6227-6314-0351)
(035-060-6227-6314-0583)
(035-060-6227-6314-0617)
(035-060-6421-1102)
(035-060-6741-1102)
(035-060-6958-1101)
(035-060-6227-1102)
Receipts (035-060-6580-1102)
19) Local Match (035-060-6741-1101)
20) State Grant
Receipts
21) State Grant
Receipts
22) Fed. Grant
Receipts
96,735
1,400
2,400
2,804
3,500
3,200
132,600
4,846
18,880
1,445
86
177
2,250
1,400
11,904
92,580
40,020
4,846
22,838
$14,322,784
1,400
11,904
132,600
4,846
22,838
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
DEFARTMENT OF FINANCE
c~ oF ~O^NOKE~ VA,
January 22, 1990
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
School Board Request for the Appropriation of
Funds
Grant
I have reviewed the attached request to appropriate
six grants for the School Board. Funding for the Vocational
Education Teachers grant will be appropriated in the General Fund,
and funding for the other five grants will be appropriated in the
Grant Fund.
Five of the six grants are funded with 100% federal or
state funding. The Vocational Education Equipment grant requires
a local match of $92,580. Funding for the local match is
available in the Instructional category of the Education accounts
in the General Fund in the following account:
Compensation of Teachers (001-060-6001-6143-0121) $92,580
I recommend that you concur with this request of the
School Board.
JMS/kp
Attachment
'~1 James M. Turner, Jr Chairman
Sa ye T. Co eman, Vice Chairman
Guy UJ. Byrd. Jr.
Floanoke
City School Board
P.O Box 13105, Roanoke, Virginia 240'~1
Marilyn C. Curtis
Thomas L. Orr
Velma 8. Self
William White, S~.
Frank p. Tota. Superintenden~
flicharcl L Fielley, Clerh of the Board
· 703-981-~81
January 17, 1990
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official action at its meeting of January 16, 1990, the
School Board respectfully requests City Council to appropriate $96,735.00 for
vocational education teachers in the handicapped and disadvantaged
programs. The program will be one hundred percent reimbursed by federal
funds I'Perkins Act).
The Board further requests the appropriation of funds to the following
school accounts:
Grant No. 6421-
Grant No. 6580-
Grant No. 6741-
G~ant No. 6958-
$1,400.00 for the Licensed Practical Nursing program
to provide tuition for selected students to attend the
Licensed Practical Nursing course offered by Roanoke
City Schools. The program will be one hundred
percent reimbursed by federal funds.
$11,904.00 for the 1989-90 Transitional Services
program to provide class placements, mental health
services and follow-up studies of placements to ensure
a smooth transition for handicapped students entering
the school system. The program will be one hundred
percent reimbursed by federal funds.
$132,600.00 for the Vocational Education Equipment
grant. The program will be funded by a combination
of local match and state funds.
$4,846.00 for the Educational Technologies program to
provide state funds for the purchase of computer
equipment which will allow for standardized computer
reporting to state agencies. The program will be one
hundred percent reimbursed by state funds.
Excellence in Educotion-
Members of Council
Page 2
January 17, 1990
rg
cc:
Grant No. 6227- $22,838.00 for the Math/Science Curriculum
Development program to develop interdependent
mathematics and science curriculum materials. The
program will be one hundred percent reimbursed by
federal funds.
The School Board appreciates the approval of these requests.
Sincerely,
Richard L. Kelley
Clerk of the Board and
Executive for Business Affairs
Mr. James M. Turner, Jr.
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy, Jr.
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
~Mr. Joel M. Schlanger (with accountin9 details)
ROMtOE:E CITY $CROOL BOARD
Roanoke, Virginia
APPROPRIATION RI~UEST
Vocational Teachers
001-060-6001-6143-0121
APpropriation Unit ZA1
Vocational Teachers
$ ~96,735.00
001-060-6000-0636
Vocational Education Revenue
$ _,96f735.00
Federal Revenue fro~ the Perkins Act will be used to fund vocational education
teachers in the handicapped and disadvantaged prograns. The non-recurring
grant is for the period December 1, 1989 through June 30, 1990.
December 12, 1989
ROABOEE CITY SOIOOL BOARD
Roanoke, Virginia
APPROPRIATION RI~$T
Licensed Practical Nursing FYg0
6421
035-060-6421-6334-0382
ApPropriation Unit Z4M
015-060-6421-1102
Tuition
Federal Grant Receipts
$ 1,400.00
$ ~,400.00'
The Licensed Practical Nursing program provides tuition for selected students
to attend the Licensed Practical Nursing course offered by Roanoke City
Schools. The program is one hundred percent reimbursed by federal funds. The
program ends June 30, 1990.
December 12, 1989
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION RF~EST
Transitional Services 1989-90
6580
035-060-6580-6553-0313
035-060-6580-6553-0551
035-060-6580-6553-0614
035-060-6580-6553-0615
Appropriation Onit Z3B
Contracted Services
Travel
Instructional Materials
Climate Study Materials
2,400.00
2,so :oo
3,500.00
3,200.00 '
$ !1,904 O0
035-060-6580-1102
Federal Grant Receipts
$ ~,1,904.00
The 1989-90 Transitional Services program will provide class placements,
mental health services and follov-up studies of placements to ensure a smooth
transition for handicapped students entering the school system. One hundred
percent o! expenditures rill be reimbursed by federal funds. The program rill
end September 30, 1990.
December 12, 1989
ROANOI~ CTTY $OIOOI. BOARD
Roanoke, Virginia
APPROPRIATION nF~.LwEST
Vocational Education F~lui~ment 87-88
6741
035-050-6741-6343-082!
Appropriation Unit ZTY
Equipment
$ 132r 600.00'
035-060-6741-1101
035-060-6741-1102
Eoeal Match
State Grant Receipts
92,580.00
40,020.00
$ 132¢600.00
The local match funding for the Vocational Education Equipment grant has been
made available as a result of the receipt of Perkins Act monies for funding
vocational education teachers. Local Match in the amount of $92,580 will be
transferred from account 001-060-6001-6143-0121. State vocational education
equipment matching funds in the amount of $40,020 will be provided on a
reimbursement basis. The program viii end June 30, 1990.
December 12, 1989
itO~NoKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRXATION REQUEST
Educational Technologies
6958
035-060-6958-6669-0821
Appropriation Unit Z3C
Computer Equipment
$ 4,845.00
035-060-6958-1101
State Grant Receipts
$ 4,846.00
The Educational Technologies program vi11 provide state funds for the purchase
of computer equipment vhich vi11 alloy for standardized computer reporting to
state agencies. The program is one hundred percent reimbursed and vii1 end
dune 30, 1990.
December 12, 1989
ROANOKE CIT~ SCHOOl. BOARD
Roanoke, Virginia
APPROPRIATION RE.ST
Nath/Science Curriculum Development
6227
035-060-6227-6314-0129
035-060-6227-6314-0201
035-060-6227-6314-0351
035-060-6227-6314-0583
035-060-6227-6314-0617
Appropriation Unit Z20
035-060-6227-1102
Elementary Inservice Training
Social Security
Printing
School Field Trips
Resource Materials
Federal Grant Receipts
$ 18,880.00'
1,445.00
86.00
177.00
2,250.00
$ 22t838.00
$ 22e838.00
The Math/Science Curriculum Development program viii develop interdependent
mathematics and science curriculum materials to be produced by a development
team and implemented for levels K-8. Inservice training of staff will be
included. The program will be reimbursed one hundred percent by federal funds
and will end September 30, 1990.
January 16, 1990
Office of the City Clerk
January 24, 1990
File #467
~r. James ~. Turner, Jr.,
Roanoke City School Board
P. Q. Box 1689
Salem, Virginia 24153
Chairman
Dear Hr. Turner:
I am enclosing copy of Resolution No. 29917-12290 authorizing the
School Board for the City of Roanoke to make application for a
loan from the State Literary Fund, in the amount of
$2,000,000.00, for modernizing Crystal Spring Elementary School.
Resolution No. 29917-12290 was adopted by the Council of the City
of Roanoke at a regular meeting held on ~onday, January 22, 1990.
Sincerely, ~/~
Mary F. Parker, C~C
City Clerk
MFP:ra
Enc.
pc: Mr.
W. Robert Herbert, City ~anager
Mr. Joel M. Schlanger, Director of Finance
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
~r. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Room456 Municipall3uilding 215Church Avenue, S.W Roanoke, Virginia 24011 (70])98~-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 22nd day of January, 1990.
No. 29917-12290.
VIRGINIA,
A RESOLUTION authorizing the School Board for the City of Roanoke
to make application for a loan from the State Literary Fund for moder-
nizing Crystal Spring Elementary School.
WHEREAS, the School Board for the City of Roanoke, on the 22nd day
of January, 1990, presented to this Council an application addressed
to the State Board of Education of Virginia for the purpose of borrow-
ing from the Literary Fund $2,000,000 for modernizing and improving
the present school building at Crystal Spring Elementary School, to be
paid in twenty (20) annual installments, and the interest thereon at
four percent (4%) paid annually.
RESOLVED, that the application of the City School Board to the
State Board of Education of Virginia for a loan of $2,000,000 from the
Literary Fund is hereby APPROVED, and authority is hereby granted the
said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life
of this loan, at the time it fixes the regular levies, fix a rate of
levy for schools or make a cash appropriation sufficient for operation
expenses and to pay this loan in annual installments and the interest
thereon, as required by law regulating loans from the Literary Fund.
Attest:
City Clerk.
January 22, 1990
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
School Board Request for Approval of State Literary Fund
Loan Application
I have reviewed the attached School Board request for
approval of a State Literary Fund loan application in the amount
of $2,000,000 for renovations to Crystal Spring Elementary School.
This source of funding was identified in the 1988-1992 Capital
Improvement Program adopted by City Council August 10, 1987.
I recommend that you concur with this request of the
School Board.
JMS/kp
Attachment
Jomes M. Turm~r. Jr., Choirmon
Sollye T. Colemon. Vice Choirmon
Gu9 LU. Byrd. Jr.
Roanoke
Citv School Board
P.O Box 13105. Roanoke, Virginia 24031
Mc~lyn C. Cu~ts
Thomas L
Velma B. Seif
UJilliom LUhil:e. Sr.
F~ank P. To~a. Superintendent
Ai~ho~d L Helley. Clerk ot the ~x~rd
· 70~-981-2~81
January 17, 1990
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its meeting of January
16, 1990, the School Board respectfully requests City Council to approve a
State Literary Fund loan application in the amount of $2.0 million for the
cost of modernizing Crystal Spring Elementary School. The loan will be
repaid by the Schools over 20 years at 4% interest with the first debt
service payment of $180,000 scheduled for 1992-93.
The Board appreciates the approval of this request.
Sincerely,
Richard L. Kelley ~
Clerk of the Board and ~
Executive for Business Affairs
rg
Enc o
cc;
Mr. James M. Turner, Jr.
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
M.~'. Kenneth F. Mundy, Jr.
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
~jMr. Joel M. Schlanger
Excellence in Education ,/
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School Cr~l S_pri_n_~ El~
,, - ~ ~ Name of,~.City __ ROnnrlke
TO rUE STATE BOA~ O~ EDUCATION,
~Jchmond, Virginia: ....
Gentlemen:
The School Board for the ~t~City of ~ ,Roa._noke
hereby makes appllcat on for a
(ma~ng perm~ent improvement to) a sch~l building I~ated _ . ~m~n~,~sW'
Ctmg~enl~ging, or ~tering
(D~cfibe.brlefly) renowtions to Crystal Sprino Elementary School for the purpose of moOernizin0
~ -~ ~ ~ -, as follows:
~ el~ontar school constructed in
1. The said building, additlo~, 0r permanent improvement described above, to be of brick
will be used as a __e.~o_l (Type of COnstruction, brick, frame, etc.)
(Elem., H. S., Comb. Elem. & H~.-~- building, and is estimated to cost $.._.2.0 mil lion
2. The total estimated value of the existing school plant, ineludlng
nent improvement thereto, is $__d ,620 225 _. site, plus the proposed building addition, or perma-
3. Thei'e is at present a loan from the Literary Fund on tL , Crystal SP~ch~oolin the amount
of L 20- - "' .....
'" (Building or school plant)
4. ' The total:amount of the loan will not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loan is made.
5. The site 'on which this building, addition, or permanent improvement, will be located contains 2.4
of which 2.4
.... acres are well suited and useable, or can be easily improved and made useable, for Playground and
recreational purposes. - acres,
fi. The plans and specifications for the building or improvement, complying with Minimum School Building
quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public
Instruction before construct/on is begun. It is understood that the State Board of Education reserves the right to with.
hold any i~art or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
(1)
7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly)
~ Renovations are required to modernize electrical, plumbing, mechanical and structural
.__~CO~nents of the school.
8. The present total indebtedness of the G~ity for school buildings is $ 14,qgflfgR , of which
$ 2~368~000 is owed to the Literary Fund.
9. This County-City has not defaulted or failed to meet its debt service obligations aa and when due for the pant
five years except, as follows: : None
10. Adequate and satisfactory supervision of construction will be provided by the school board in aCcordance with
the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
I 1. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date) _
F~ve-Year C~_~_i.~tal Im_p_rove.____m~en_t Plan~LMa¥1988 ~
12. This loan is to be made for 20
s ~o ~0 years, and is to be paid in __
the rate of .~4 per ceatum per annum, payable annually.
20
annual installments, with interest at
.13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application),
agreed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit-
erary Fund' and, :for at least two years immediately before this loan, has not been more than six months in default in the pay-
ment of interest due On any loan from the Literary Fund.
Give. n under my hand this the
day of __
,1L
THE SCHOOL BOARD OF
COUNTY.CITY
ATTRaT:
---, Clerk.
· Chairman.
SEAL
(2)
Office of the City Monager
January 22, 1990
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Council Members:
Subject: Municipal License Plates
The 1989 Session of the Virginia General Assembly enacted legislation
that requires the Department of Motor Vehicles to issue distinctive license
plates for all vehicles used by cities, counties, and towns, and another
distinctive license plate for vehicles owned and operated by the Commonwealth.
The effective date of the legislation was January 1, 1990, and the plates must
be displayed on public vehicles no later than January 1, 1993.
In addition to the requirement for issuing the distinctive plates, the
legislation provided that a fee be charged to meet the expenses of the
Department of Motor Vehicles in manufacturing the newly designed license
plates. Heretofore, localities obtained license plates for public vehicles
free from the DMV. There will now be a charge of $5 for each set of license
plates issued. There will also be a $5 charge for the issuance of replacement
tags due to loss or damage.
Attached is a copy of the design of the new state and local license
plates showing how they will look. The numbering will be composed of five
digits, followed by the letter S for state or L for local government. The
state plates have dark blue lettering on a light blue background. The
locality plates have dark blue lettering on a tan background.
Localities have the option of having new plates issued to all vehicles in
the first year, or at least one third of the vehicles in their fleet be
registered annually starting in 1990. The City's manager of motor vehicle
maintenance has estimated that it will cost approximately $4,000 to equip all
of the City's motorized vehicles with the new license plates.
This information is being brought to City Council's attention since new
license plates will start to appear on newly acquired City vehicles.
WRH:WFC:pr
Cc:
Respectfully submitted,
W. Robert Herbert
City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. James M. McClung, Manager, Motor Vehicle Maintenance
Room 364 Mumopol Building 215 Church Avenue 5W Roanoke Virginia 24011 (703) 981-2333
Office of the City Manager
January 22, 1990
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Council Members:
Subject: Peters Creek Road Extension
As you are well aware, one of the City's ~jor pending highway
improvement projects involves the extension of Peters Creek Road between
Melrose Avenue and Brandon Avenue. I have previously advised City Council
that we were attempting to work with the Virginia Department of Transportation
to obtain the services of an independent consultant in an effort to resolve
potential disagreements with certain neighborhood interests, prior to bringing
a recommendation to City Council on an alignment for this important highway
project.
VDOT has employed Ms. Susan H. Yoder, who is the executive director of
the Community Mediation Center in Harrisonburg, Virginia, to serve as conflict
resolution specialist in connection with this project. An introductory
meeting was held in the Municipal Building on Friday, January 5, 1990,
involving Ms. Yoder and representatives of the Virginia Department of
Transportation, the Greater Deyerle Civic League, and the City of Roanoke.
Further meetings are scheduled for January 24, and February 13, with
additional sessions to be scheduled as needed. Hopefully, this process will
not be an extended one and can lead to a more con, non understanding of issues
and mutual agreement.
I continue to feel that this is an important project for the City of
Roanoke, and have urged City representatives to move the process along as
rapidly as practicable. As soon as possible I will bring to City Council my
recommendation in regard to the Peters Creek Road Project.
Respectfully submitted,
W. Robert Herbert
City Manager
WP, H:WFC:pr
cc:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Jack Hartman, President, Northwest Revitalization Corporation,
2840 Peters Creek Road, N. W., Roanoke, VA 24019
Room 364 Municipal Building 215 Church Avenue 5W Roanoke, V, rginio 240t 1 (703) 981 2333
January 22, 1990
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Council Members:
I would like to request time on City Council's agenda for a
presentation by Mr. Minnis Ridenour, Vice President of Administration
at Virginia Tech. Mr. Ridenour will be updating City Council on
Virginia Tech's efforts concerning the Hotel Roanoke.
WRH/BJW:kds
Respectfully submitted,
W. Robert Herbert
City Manager
Office of the City Clerk
January 24, 1990
File #511
Mr. Wilburn C. Dibling, Jr. Hr. Joel M. Schlanger
City Attorney Director of Finance
Roanoke, Virginia Roanoke, Virginia
Gentlemen:
A report of the City Manager with regard to supplemental funding
for renovating the Dumas Hotel on Henry Street was before the
Council of the City of Roanoke at a regular meeting held on
Monday, January 22, 1990.
On motion, duly seconded and adopted, the report was referred to
you for preparation of the proper measures to be considered by
Council at the regular meeting to be held on Monday, February 5,
1990, at 2:00 p.m.
Sincerely,
Mary F. Parker, C~IC
City Clerk
MFP:ra
Enc.
pc: Mr.
Robert
Herbert, City Manager
Room 456 MunicipalSuilding 215Church Avenue, S.w Roanoke. Virginia 24011 (703) 981 2541
Roanoke, Virginia
January 22, 1990
Honorable Mayor, and City Council
Roanoke, Virginia
Dear Members of Council: ~
SUBJECT: Supplemental funding for the renovation of ~'~e
Dumas Hotel for the Henry Street Music Center~
Background:
Henry Street Revitalization has been before Council on
several occasions and received unanimous support.
Total Action A~ainst Poverty (TAP) received a ~rant of
$600,000 from the U.S. Department of Health and Human
Services (HHS) for the creation of a music center on
Henry Street. TAP plans to renovate the old Dumas
Hotel for this purpose.
Ce
City Council authorized the execution of an a~reement
between the City and the Roanoke Redevelo~ent and
Housing Authority (RRHA) for Fiscal Year 1989-90 by
Ordinance No. 29692 adopted July 24, 1989.
A~reement includes provisions for RRHA to implement
the Gainsboro Conservation/Redevelopment Plan
(Amendment No. 2), in the "Henry Street" area.
Funds available to the RRHA for these activities
shall not exceed $235,275. Some funds from this
original total have been spent for building
maintenance and an evaluation of the asbestos
problem in the Dumas Hotel.
Ownership of Dumas Hotel has been transferred to TAP
from the Housing Authority.
II. Current Situation:
Large amounts o__f asbestos material were found in the old
Dumas Hotel, the building to be renovated fo~ the Henry
Street Music Center. Mr. E. Cabell Brand, President of
the board of TAP, notified Mayor Noel Taylor by letter
dated August 11, 1989, of this problem, and sought the
city's financial assistance.
Evaluation of the problem by RRHA included a
consultant's analysis and bidding the work of asbestos
removal.
C. Contract for asbestos removal and abatement was bid by
RRHA on December 14, 1989. For the asbestos removal and
abatement alone, the low bid was $209,792.
This is an unanticipated and extraordinary expense, not
provided for in TAP's budget for the renovation of the
Music Center. If TAP must use HHS grant monies for
asbestos abatement, funds remaining would not allow for
completion even of Phase I of the project.
CDBG funds allocated by City Council for the Henry
Street project were originally intended for public
improvements such as street lighting, trees, sidewalk
and curb improvements. With recent reductions in CDBG
appropriations, it is questionable when these funds
could be replaced to the Henry Street accounts from
Roanoke's CDBG entitlement.
III. Issues:
A. Community development objectives
B. Fundinq
C. Compliance with CDBG regulations
D. Impact o_~n public improvements for Henry Street project.
IV. Alternatives:
Authorize the City Manager to execute an a~reement with
TAP, loaning them $212,000 in CDBG Henry Street funds
for asbestos abatement of the Dumas Hotel so the Music
Center can go forward. The loan to be repaid, with no
interest, within 24 months by TAP. Loan repayment to be
used for street improvements, trees, lighting, etc. on
Henry Street; and
Authorize the City Manager to amend the RRHA contract
deleting $212,000 in CDBG funds for Henry Street.
Community development objectives would be addressed
in helping to assure completion of the Music Center
on Henry Street.
Funding is available in the following CDBG
accounts:
035-086-8630-5151
035-086-8630-5156
035-087-8730-5144
TOTAL
$ 1,542
$ 915
$ 209,543
$ 212,000
2
Ve
Compliance with CDBG regulations will be met by
monitoring and oversight by the City's Office of
Grants Compliance. The expenditure of funds for
the Music Center instead of public improvements is
not considered by HUD to be a substantial change in
the project, so does not require an amendment of
the CDBG program.
Impact on public improvements for Henry Street
Droject would be neutral, since funds would be
replaced by TAP by the time they would be needed.
Do not authorize the City Manager to execute a contract
with TAP for asbestos abatement of the Dumas Hotel.
Community development objectives will still
eventually be met with the CDBG funds, but the
Music Center project will be in jeopardy, and
commencement of any projects on Henry Street would
probably be delayed.
2. Fundin~ would not be an issue.
Compliance with CDBG regulations would not be an
issue.
Impact on public improvements for Henry Street
project would be neutral, since existing CDBG funds
would be held until they could be spent for street
improvements on Henry Street.
Recommendation:
Council aDDrove Alternative A which is to authorize the City
to execute an agreement wi~h--Total Action Against Poverty
(TAP), loaning them $212,000 in CDBG Henry Street funds for
asbestos abatement of the Dumas Hotel so the Music Center can
go forward; and
Authorize the City Manager to amend the RRHA contract
deleting $212,000 in CDBG funds for Henry Street.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/MTP
3
cc:
Assistant City Manager
City Attorney
Director of Finance
Grants Monitoring Administrator
Executive Director of TAP
Executive Director of RRHA
4
This Agreement is made and entered into this
· 1990, by and between the following parties:
The Grantee -
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
day of
and the Subgrantee
Total Action Against Poverty in the
Roanoke Valley (TAP), Inc.
P.O. Box 2868
Roanoke, Virginia 24001
WI TNES SETH:
WHEREAS, the Roanoke Redevelopment and Housing Authority has
acquired the buildings in the "Henry Street" project area for the
public purpose of redevelopment;
WHEREAS, Total Action Against Poverty has plans and funding for
the renovation of one of those buildings, the former Dumas Hotel, in
conjunction with the redevelopment plan, into a music center;
WHEREAS, Total Action Against Poverty has acquired the former
Dumas Hotel from the Roanoke Redevelopment and Housing Authority;
WHEREAS, this facility at 110 First Street N.W. has considerable
asbestos material in it which must be removed for public health and
safety, prior to any renovation work;
WHEREAS, Total Action Against Poverty is particularly suited to
provide this music center and to obtain appropriate funding for such
service, and has obtained $600,000 in matching funds for said
renovation;
WHEREAS, the $600,000 in matching funds does not provide for the
removal and abatement of asbestos;
WHEREAS, the Roanoke City Council has authorized as a part of the
City's Community Development Block Grant ("CDBG") program the loan of
funds to Total Action Against Poverty for renovation of the Dumas Hotel
for a Music Center, and Council has, by Ordinance No. , adopted
, 1990, authorized the execution of this Agreement;
WHEREAS; the proceeds of the loan under this Agreement shall be
used for the removal and abatement of asbestos; and
WHEREAS, the United States Department of Housing and Urban
Development ("HUD") has declared the use of CDBG funds for this purpose
to be an eligible activity if carried out in accordance with applicable
Agreement
Page 2
Federal, State and local statutes and regulations.
NOW, THEREFORE, the parties hereto mutually agree as follows:
The City agrees to loan Total Action Against Poverty $212,000
from its CDBG letter of credit, unsecured by property, for a
period of two (2) years from the date of this agreement without
interest subject to the terms and conditions of this Agreement.
2. USE OF LOAN PROCRRDS.
Total Action Against Poverty shall use the proceeds of the
Loan solely for the purpose of asbestos removal and abatement in
the former Dumas Hotel at 110 First Street N.W. (tax number
2013504), which property is owned by the Subgrantee.
The asbestos removal and abatement will generally consist of
demolition and disposal of existing partitions, removal of
ceilings, floor coverings and the roof, in compliance with
asbestos removal regulations of the Commonwealth of Virginia and
the federal Environmental Protection Agency. Abatement procedures
are more specifically detailed in the plans and specifications of
the project, included as part of this agreement by reference.
3. TIME OF PERFORMANCE:
This Agreement shall be for the period of January 1, 1990
through December 31, 1991. Agreement may be extended with the
written agreement of both parties.
4. PROPOSED PAYMENT SC~K,~ULE AND PROCEDURES:
Requests for payment will be submitted to the City's Office
of Grants Compliance, accompanied by an invoice from the
Subgrantee's contractor.
Payment will be made to the Subgrantee based on the invoice
within ten (10) days from date of receipt.
5. INDE~H~IFICATION:
The Subgrantee agrees to indemnify and hold harmless the
City, its officers, agents and employees, from any and all claims,
legal actions and judgments advanced against the City and for
expenses the City may incur in this regard, arising out of the
Subgrantee's intentional acts and negligent acts or omissions with
respect to the duties imposed upon the Subgrantee, and the rights
and privileges granted by the City to the Subgrantee in this
Agreement.
Agreement
Page 3
COMPLIANCE WITH FEDEI~AL REGULATIONS:
The Subgrantee agrees to abide by the HUD conditions for CDBG
programs as set forth in Attachment A, and all other applicable
federal regulations relating to specific programs performed
hereunder.
UNIFOI~M ADMINISTRATIVE REQUIREMENTS:
The Subgrantee shall comply with the requirements and
standards of OMB Circular No. A-122, "Cost Principles for
Non-Profit Organizations", and the following Attachments to OMB
Circular No. A-il0: A, B, C, F, H, N and O.
FEDERAL LABOR STANDARDS PROVISIONS:
The Subgrantee and all contractors engaged under contracts in
excess of Two Thousand Dollars ($2,000.00) for the construction,
rehabilitation, completion or repair of any building or work
financed in whole or in part with assistance provided under this
Agreement shall comply with HUD requirements pertaining to such
contracts and the applicable requirements of the regulations of
the Department of Labor under 29 CFR Parts 3 and 5, and more fully
detailed in Attachment B to this Agreement. The Subgrantee shall
cause or require to be inserted in full in any such contracts
subject to such regulations, provisions meeting the requirements
of 29 CFR 5.5.
PROGRAM INCOME:
"Program income" means gross income received by the Grantee
or Subgrantee directly generated from the use of CDBG funds. No
program income is expected to be generated as a result of this
Agreement. However, program income, if any, from any sources
shall be submitted to the City within five (5) days of its receipt
by the Subgrantee. Program income does not include proceeds from
fundraising activities carried out by the Subgrantee.
10. RECORDS AND REPORTS:
The Subgrantee shall maintain full and accurate records with
respect to all matters covered under this Agreement. All records
pertaining to this Agreement and the services performed pursuant
to it, shall be retained for a period of three (3) years after the
expiration date of the Agreement. Appropriate City and/or HUD
personnel shall have free access to those records during the
Agreement duration and the following three-year time period.
11. CONFLICT OF I~Tm<EST:
No employee, agent, consultant, officer or appointed official
of the Subgrantee, who is in a position to participate in a
decision-making process or gain inside information with regard to
any CDBG activity, may obtain a personal or financial interest in
Agreement
Page 4
any contract, subcontract or agreement with respect thereto, or in
the proceeds thereunder, either for themselves, their family or
business associates, during their tenure or for one (1) year
thereafter.
12. SUSPENSION AND T~LMINATION
Suspension or termination may occur if the Subgrantee
materially fails to comply with any term of this Agreement, and
this Agreement may be terminated for convenience by the Grantee or
Subgrantee upon written notification to the awarding agency (HUD),
setting forth the reasons for such termination, the effective
date, and in the case of partial termination, the portion to be
terminated.
13. RE¥~KSION OF ASSETS:
Upon expiration of this Agreement, the Subgrantee shall
transfer to the city any CDBG funds or program income on hand at
the time of expiration and any accounts receivable attributable to
the use of CDBG funds.
The subject property at 110 First Street, N.W. shall provide
jobs for low to moderate income persons until at least five years
after the expiration of this agreement or December 31, 1995,
whichever is longer. If the property changes ownership during
that time, the benefit to low and moderate income persons must be
required and specified by deed restrictions. If the property is
sold prior to December 31, 1995, a pro rata share of the current
fair market value of the property must be returned to the Grantee
as prescribed in 24 CFR 570.503(b)(8)(ii).
14. ANNUAL AUDIT AND MONITORING:
The Subgrantee shall provide for an independent audit, in
compliance with OMB Circular A-128, which will include all CDBG
expenditures covered by this Agreement. Copies of said audit
report shall be furnished to the Grantee's City Manager and
Director of Finance within thirty (30) days of completion of the
audit.
15. THIRD-PARTY COBTKACTS:
The Grantee shall not be obligated or liable hereunder to any
party other than the Subgrantee.
16. AMENDMENTS.
The Grantee, from time to time, may require changes in the
obligations of the Subgrantee hereunder, or its City Council may
appropriate further funds for the implementation of the Music
Center renovation project. In such event or events, such changes
which are mutually agreed upon by and between the Subgrantee and
Grantee shall be incorporated in written amendment to this
Agreement
Page 5
17.
Agreement.
GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth
of Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as the day and year hereinabove written:
ATTEST:
CITY OF ROANOKE
By By
Mary F. Parker, City Clerk
W. Robert Herbert, City Manager
SUBGRANTEE
By
Witness
By
Theodore J. Edlich, III
Executive Director
Total Action Against Poverty
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES
(CONTRACTS OVER $10,000)
ATTACHMENT A
page 1
1. "Section 3" Compliance in the Provision of TraininEm~ent and Business
The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area
of the project.
The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and urban Development set forth in 24 CFR 135, and all appli-
cable rules and orders of the Department issued thereunder prior to the
execution of this contract. The parties to this contract certify and
agree that they are under no contractual or other disability which would
prevent them from complying with these requirements.
The contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous pla-
ces available to employees and applicants for employment or training.
The contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR Part
135 and will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the
project, binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors,
it successors and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is provided,
and to such sanctions as are specified by 24 CFR Part 135.
~qual Employment Opportunity:
~s amended: Suc. h contracts
OpportunitY regulations at 24
construction contracts.
ATTACHMENT A
page 2
Contracts subject to Executive Order 11246~
~hall be subject to HUD Equal Employment
CFR Part 130 applicable to HUD-assisted
The Subgrantee shall cause or require to be inserted in full in any non-
exempt contract and subcontract for construction work, or modification
thereof as defined in said regulations, which is paid for in whole or in
part with assistance provided under this Agreement, the following equal
opportunity clause: "During the performance of this contract, the contrac-
tor agrees as follows:
A. 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 employees are treated during employment without
regard to their race, color, religion, sex or national origin. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
section for training, including apprenticeship. The contractor agrees
to post in conspicuous places available to employees and applicants for
employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
8. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
C. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' repre-
sentatives of the contractor's commitment under this section and shall
post copies of the notice in conspicuous places available to employees
and applicants for employment.
D. The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations and relevant orders
of the Secretary of Labor.
The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regula-
tions and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records and accounts by the Department
and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
-2-
Ge
ATTACHMENT A
page 3
In the event of the contractor's noncompliance with the non-
discrimination.clauses of this contract or with any of such rules, regu-
lations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the contractor may be declared ineli-
gible for further Government contracts or Federally-assisted construc-
tion contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately pre-
ceding paragraph (A) and the provisions of paragraphs (A) through (G) in
every subcontract or purchase order unless exempted by rules, regula-
tions or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as
the Department 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
Department, the contractor may request the United States to enter into
such litigation to protect the interest of the United States."
The Subgrantee 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 Subgrantee so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency, instru-
mentality or subdivision of such government which does not participate
in work on or under the contract. The Subgrantee agrees that it will
assist and cooperate actively with the Department and the Secretary of
Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations and relevant
orders of the Secretary of Labor; that it will furnish the Department
and the Secretary of Labor such compliance; and that it will otherwise
assist the Department in the discharge of its primary responsibility for
securing compliance.
The Subgrantee 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 contracts and Federally-
assisted construction contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation of the equal oppor-
tunity clause as may be imposed upon contractors and subcontractors by
the Department or the Secretary of Labor pursuant to Part II, Subpart D,
of the Executive Order. In addition, the Subgrantee agrees that if it
fails or refuses to comply with these undertakings, the Department may
take any or all of the following actions: cancel, terminate or suspend
in whole or in part the grant or loan guarantee; refrain from extending
any further assistance to the Subgrantee under the Program with respect
to which the failure or refusal occurred until satisfactory assurance of
future compliance has been received from such Subgrantee; and refer the
cause to the Department of Justice for appropriate legal proceedings.
-3-
ATTACHMENT A
page 4
Federal Labor Standards Provisions: Except with respect to the rehabilita-
tion of residentia.1 property designed for residential use for fewer than
eight families, the Subgrantee and all contractors engaged under contracts
in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu-
tion, completion or repair of any building or work financed in whole or in
part with assistance provided under this Agreement shall comply with HUD
requirements pertaining to such contracts and the applicable requirements of
the regulations of the Department of Labor under 29 CFR Parts 3 and 5,
governing the payment of wages and the ratio of apprentices and trainees to
journeymen; provided that if wage rates higher than those required under
such regulations are imposed by State or local law, nothing hereunder is
intended to relieve the Subgrantee of its obligation, if any, to require
payment of the higher rates. The Subgrantee shall cause or require to be
inserted in full in any such contracts subject to such regulations provi-
sions meeting the requirements of 29 CFR 5.5. '
No award of the contracts covered under this section of the Agreement shall
be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award
of such contract.
4. Nondiscrimination Under Title VI of the Civil Riohts Act of lg6,1: This
~reement is subject to the requirements of Title V~ of the Civil Rights Act
1964 (P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer
of land acquired, cleared or improved with assistance provided under this
Agreement, the Subgrantee shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex or national ori-
gin, in the sale, lease or rental, or in the use of occupancy of such land
or any improvements erected or to be erected thereon, and providing that the
Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
5. Obligations of Subgrantee with Respect to Certain Third-@art~ Relationships:
The Subgrantee shall remain fully obligated under the provisions of the
Agreement, notwithstanding its designation of any third party or parties for
the undertaking of all or any part of the program with respect to which
assistance is being provided under this Agreement to the Subgrantee. Any
Subgrantee which is not the Applicant shall comply with all lawful require-
ments of the Applicant necessary to insure that the program, with respect to
which assistance is being provided under this Agreement to the Subgrantee,
is carried out in accordance with the Applicant's Assurances and certifica-
tions, including those with respect to the assumption of environmental
responsibilities of the Applicant under Section 104(h) of the Housing and
Community Development Act of lg74.
6. Interest of Certain Federal Officials: No member of or delegate to the
~'ongress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
-4-
U. S. DEPARTMENT OF HOUSING ATTACHMENT B
AND URBAN DEVELOPMENT page 1
FEDERAL LABOR STANDARDS PROVISIONS
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 following
Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
A.l.(i) Minimum Wages: All laborers and mechanics employed or working upon 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), will be
paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are per-
mitted 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 computed 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 contractural rela-
tionship which may be alleged to exist between the contractor and such laborers
and mechanics. Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section 1(b)(2) of the Davis-8acon Act on behalf of
laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of 29 CFR 5.5 (al(il(iv); also, 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, are deemed to be constructively made or incurred during such weekly
period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually per-
formed, 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 employer's payroll records accurately set
forth the time spent in each classification in which work is performed. The
wage determination (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 subcontractors at the
site of the work in a prominent and accessible place where it can be easily seen
by the workers.
(ill(a) Any class of laborers or mechanics which is not listed in the wage
~termination and which is to be employed under the contract shall be classified
conformance with the wage determination. HUD shall approve an additional
~lassification and wage rate and fringe benefits therefore only when the follow-
lng criteria have been met:
(1) 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
industry; and
{3) The proposed wage rate, including any bona fide fringe bene-
fits, bears a reasonable relationship to the wage rates con-
tained 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 to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U. S. Department of Labor, Washington, DC
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
Office of Management and Budget under OMB Control Number 1215-0140). by the
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD or its designee
do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), HUD or its designee shall
refer the questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue
within 30 days of receipt and so advise HUD or its designee or a determination
will notify HUD
or its designee within the 30-day period that additional time is necessary.
(Approved by the Office of Management and Budget under O~lB Control Number
1215-0140.)
(d} The wage rate (including fringe benefits where appropriate) deter-
mined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid
to all workers performing work in the classification under 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 of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, Provided, That the Secretary of Labor
has found, upon the written request of the contractor, that the applicable stan-
dards of the Davis-Bacon Act has 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-
2. Withholding: HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or any
other Federal contract with the same prime contractor, or any other Federal)y-
assisted contract subject to Davis-Bacon prevailing wage
held by the same prime contractor so much of the accrued requirements, which is
payments or advances as
may be Considered necessary to pay laborers and mechanics, including appren-
tices, 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 apprentice, 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 the
project), all or part of the wages required by the contract, 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 until such violations have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall make such dis-
bursements in the in the case of direct Davis-Bacon Act contracts.
3.(i)Payrolls and Basic Records: Payrolls and basic records relating thereto
shall be maintained by the contractor during the course of the work preserved
for a period of three years thereafter for all laborers 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 contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe
benefits 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 Secretary of Labor has
found under 29 CFR 5.5 (al(Il(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act,
the contractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially respon-
sible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(ill(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 the agency is not such a party, the
contractor will submit the payrolls to the applicant, 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 5.5(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 Numbe,
=3-
~S Government Pr~tin Offi . ·
p?me contractor is res onsibl~ fn~ ~ ..... ce ~ash~n ton DC 20402. The
P ..... ,~ suom~sslon ot copies of payrolls by all
Subcontractors. (Appr.oved by the Office 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 contractor or subcontractor or his or her agent who
pays or supervises the payment of the persons employed under the contract and
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 infor-
marion is correct and complete;
(2) That each laborer or mechanic (including each helper, appren-
tice, and trainee) employed on the contract during the payroll period has been
paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly
from the full wages earned, other than permissable 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 classifi-
cation 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, copying or trans-
cription by authorized representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives 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 available may be grounds for debarment action
pursuant to 29 CFR Part 5.12.
4.(i) ~pprentices and Trainees
work at ' ~ :-~,u:s. apprentices will be permitted to
)ess than the predetermined rate for the work they performed when they
are employed pursuant to and individually registered in a bona fide appren-
ticeship 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 gO days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
-4-
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 a r '
?gistered or otherwise em 1 dw ~- PP ?tlce wage rate, who is n
~ne applicable wage rate o~ ~ ~es ~_~o?, s~all.~e p~id not less than°t
~ : :rm~na~lon ~or ~he classification of
work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered pro ram shall
not less than the applicable wage rate on +~ ........ g be paid
~-: -~u oe~ermina~ion for the work
actually performed. Where a contractor is performing construction on a project
in a locality other than that in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyman's hourly rate) specified
in the contractor's or subcontractor,s registered program shall be observed.
Every apprentice must be paid at not less than the rat ' ·
registered program for the ann on ~,~ ~ ..... e specified in the
~r~,t,~: ~ ~uv~ o~ progress, expressed as a per-
centage of the journeymen hourly rate specified in the applicable wage deter-
mination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. 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 Administrator determines that a different practice prevails for the appli-
cable apprentice classification, fringes shall be paid in accordance with 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 contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work per-
formed until an acceptable program is approved.
(ii) Trainees: Except as provided in 29 CFR 5.16, trainees will not be per-
mitted to work at less than the predetermined rate for the work performed unless
they are employed pursuant to an individually registered in a program which has
received prior approval, evidenced by formal certification by the U. S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administration. Every 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 determination. 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 appren-
ticeship program associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe benefits for appren-
tices. 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 determination for the work actually performed. In the event the
Employment 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.
-5-
(iii) Equal Employment Opportunity: The utilization of apprentices, 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 Part
30.
5. Compliance with Copeland Act Requirements: The contractor shall comply
with the requirements of 29 CFR Part 3 which are incorporated by reference in
this contract.
6. Subcontracts: The contractor or subcontractor will insert in any sub-
contracts 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 also
a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in
29 CFR Part 5.5.
7. Contract Termination; Debarment: A breach of the contract 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 contained in 29 CFR Parts 1,
3, and 5 are herein incorporated by reference in this contract.
g. Disputes Concerning Labor Standards: Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general dispu-
tes clause of this contract. Such disputes shall be resolved in accordance with
the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contrac-
tot (or any of its subcontractors) and HUD or its designee, the U. S. Department
of Labor, or the employees or their representatives.
10.(i) Certification of Eligibility: 8y entering into this contract, the
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(al of the Davis-Bacon Act or
29 CFR 5.12(a)(1) or to be awarded HUD contracts or participation 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 Section 3(al of the
Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or par-
ticipate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U. S.
Criminal Code, 18 U.S.C. 1001. Additionally, U. S. Criminal Code, Section 1010,
Title 18 U. ,
, S.C., Federal Housin Admi ' · ·
part: "Whoever. fnr ~ho , ....... ~ n!st~atlon transactions,,, orovid~
such Administration ._~ .... ... ln?~en?ng in any way the action of
· .. m:~:s, u:~ers or puo)isnes 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 standards provisions of this Contract
are applicable shall be discharged or in any other manner discriminated against
-6-
by the Contractor or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding or has
testified or is about to testify in any proceeding under or relating to the
labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act: As used in this paragraph,
the terms "laborers,, and "mechanics,, include watchmen and guards.
(1) Overtime Requirements: No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic
in any work week in which he or she is employed on such work to work in
excess of forty hours in such work week 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 forty hours in such
workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages: In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph, the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and sub-
contractor 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 damages. 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 permitted to work in excess of
the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for Unpaid Wages and Liquidated Damages: HUD or its
designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with 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 sub-
contracts the clauses set forth in subparagraph (i) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or 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 dangerous to
his health and safety as determined under construction safety and health
Standards promulgated by the Secretary of Labor by regulation.
-7-
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and
failure to comply may.result in imposition of sanctions pursuant 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 every sub-
contract so that such provisions will be binding on each subcontractor. 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 provisions.
-8-
Current Davis-Bacon Wage Decision
Office of the City Clerk
January 22, 1990
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the
election of School Board Trustees, this is to advise you that the
three year terms of Mrs. Sallye T. Coleman and Mr. William White,
Sr., will expire on June 30, 1990.
According to Section 9-16, on or before February 15 of each year,
Council shall announce its intention to elect trustees of the
Roanoke City School Board for terms commencing July I through
(1) public announcement of such intention at two consecutive
regular sessions of the Council and (2) advertisement of such
intention in a newspaper of general circulation in the City twice
a week for two consecutive weeks.
Section 9-17 provides that all applications must be filed in the
City Clerk's Office by March 10. Inasmuch as March 10 falls on a
Saturday, applications will be received until 5:00 p.m. on
Monday, March 12, 1990. Application forms will be available in
the City Clerk's Office and may be obtained between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday. Information
describing the duties and responsibilities of School Board
Trustees will also be available.
Periodically over the next four months, I will keep the Council
informed of the various steps to be followed throughout the
selection process.
Sincerely, ~~
Mary F. Parker, CMC
City Clerk
MFP: ra
SB : PROCE
Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)g81-25a1