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256784 Y t , y _,� I� F�i -OR161NAL TO CITY CL6RK CITY OF ST. PAUL �o�NC�� NO. -��� +��`� OFFICE OF THE CITY CLERK �`E C11�RESOLUTION—GENERAL FORM � PRESENTED BY � COMMISSIONE DATF RESOLVED� Tha.t he Council of the City of Saint Paul does hereby approve Operating Agreement between the City, acting through its Model Cities Department, and the American Indian Movement� said Agreement pertaining to Supportive Services, as more particu- larly set forth in said Agreement, a copy of which is on file in the Office of the City Clerk; and be it FURTHER RESOLVED! That the Mayor, Director of Model Cities Department� City Clerk and City Comptroller are hereby authorized to execute the said Agreement on beha.lf of the City of Saint Paul. FORM A P V : D �U Ass orp ati n Co nsei EC � 11l71 : COUNCILMEN Adopted by the Counci 19— Yeas Nays O�C a a '�� Butler Car�se�,��-�--�-� ' 19— Levine �n Favor Meredith Sprafka D t Mayor Tedesco ASainat Mr. President, McCarty pUBLISHED O C 2=4 19T1 �� � � • `. 1 • � ,�' • � « �� �FY� � �: � ��� ��.�� � , ._ ,� , � �� :f AGREEME �tT � � � � . � � �i . , � ;, � THIS AGRErMENT, Made and entered into this day of , 197I, by and between the City of �a�Paul, acting � i i� r_oiigh�ts�lodel Czties Departmenty h�rei_nafter referred to as �i "I�Sodel Cit:ies Department", �nd The American Indian Movement, a . Minnesota �nonprofit corporation, � hereina.fter referred to as "Ager_cy"; � WI'1'NESSETFi: � - ; WH�REAS, The Model Cities Departm�nt on the 23rd day of April, � 1971, received a grai�t under the United States llepartment of � Hausing aizd Urban L�evelopment Demonstration City and Metropolitan • . Developinent �ct of 1966, Titl� I, sai_d grant designated as Grant No. ME�22--003s and � � � Wf-IERFAS, Pursuant to sai_d grant, Model Cities Department is .; ur��eri�al:ing certain activit�es; and �i �! � WHEREAS, Th� Mod�1 Cities Department desi-res to enoage �he ' `•� Agency to re?�.cier certain assistance in such undextaking pursu.ant � to and in compliance witl� the Grant. No. r�,-22--003; ; � , � NOW, THEREFORE, THE MODEL CITIES DEPAR'�i�N!' A�dll THE AGEi�ICY D� ; • MUT[JAI,LY AGREE AS FOLLOinTS: • :`! .� A. Scope of Serv:ices :�' The Agenc}T shall, �vi�hin fi�ie Sumrnit� �:� Universi�Ly rTOdel Neig�iborhood, i� �a s�.tisfac.•tory aild proper manner, as determinEd b; Nlodel Cities Department ancl� under the direetion of the Model Cities llepartnent, perform those acLivities set fortri in uhe attached Part II and shall perforn the activities within the� tim�table set forth in Part II. B. Fundi�� (1) Th� Agency sha].I commence performance of this con�r_act on th� day of , 19 , and sha11 comFl�te performa.nce n.o later tzan t e 30th day of Juns , 19 7 2 . � (2) It is expressly unc�erstood and a�reed tha.t in no event wi1l. the total amount to be paid by the Aiodel Cities Department to the Agency undex this Agreement exceed the sum of $ S,069.00 for tull and cornplete satisfaci:or_y performa.r�ce in accordance tivith the bu�get : attached to this tlgreenient in Part IT, and in no event - - sha.11 exceed the arnou.nt of Federal funds xeceived by � Model, Cities Department from the DePartment of Housing • ' and Urban Development (�TIJD) for this project pur.suan� • ` a F �• . : • t � , . . � to the 2�iode:l Cities Departmeni�' s Comprehensive First Year Eiction Plan as approved by HUD. ' � (3) Flexibil.it in Bud�et: Agency shall tnake � ' expenditures accor ing to t ze �ine items as se±- forth . in the attach�d Budget. All proposed amendments to the � Budget must be submitted to the Model Cities Department ; for review. � a) Agency may amend. the Budget line items �aithout , Model Cities Department' s written approval under ' i:he fo�l,lo�aing circumstances : ' i) The revision of a line item does not con- � sti�ut�e a suUstantial cYiange ixi program � � � objectives; and � ii) The revision of a line item does not con- ��• ; stitute a change of more than 10% of the line item or S% of the total Eudget. � . � b) Agency ma.y amend the Budget as follows only upon the ; prior written approval of the Model Cities Departm�nt` s � Director: . ! . i) The revision does not constitute a substantial � - change in program objectives, and the transfer , I " of one line item to another line item does not ? ` constitute a change of more than 15°10 of the ` line item or 10% of the total approved Budget. �, � t ii) The revision o� a line item constitutes a � change of more than 10% of the line item or ; more than 5% of the total Budget. t c) The following amendments require a Contract amendment ' and written approval of the rlodel Neighborhood Planning Council and the Saint Paul City Council: ; i) The proposed revision constitutes a su ntial char.ge in the program objectives, the scop of . services set forth in this Agreement and/or the work program; or ii) Any change which would cause the total arnount � • of the BudGet to be exceeded; or i.ii) The transfer from one line item to another Iine ' I' item �aould constitute a change of more than 15% � - of the line item or more than 10% of i:he L-otal j Budget. ' • 2. � . f � , � , � � � (iv) The changes in physical location of approved . � project would restrict the participation of � Model Neighborhood residents. (4) Subject to the receipt of funds from the United States Department of Housing and Urban Development, the Model Cities Department sha.11 make payment under this i Contract in the following manner: � The Agency shall present to Model Cities D2partment ! an itemized' requisition for (monthly)(c��d�cl�) reim- � bursement, in form approved by Model Cities Department and � the City Comptroller. Requisitions shall set forth the . F disposition of amounts spent during the preceding � (month) � (�x�x) together with an estimate of ex enses to be in- � curred during the next succeeding (month)�(g�� , with , r reference to expense categories as set forth in the � attached Budget incorporated within Part II. Model Cities i Department will make payment to the Agency within 30 days � � after receipt of the requisition, after having reviewed and approved the requisition. Requisitions shall include � the following categories: � . (a) Personnel (wages, fringe benefits) (b) Consult�nts (c) Space rental ' � � (d) Travel , r � (e) Consuma.ble� supplies , . (f) Equipment-rental, lease (g) Other costs. (S) The Agency shall ma.intain verification for all ex- penditures including, but not limited to, time sheets, invoices and receipts, and sha.11 keep and retain such documentation for the period of time that is requir_ed to ma.intain its records hereunder. ; (6) No requisitions shall be filled if, at the time it ' is ma.de, the Agency has more than 4% of the total Model � Cities Department funds allocated under this Agreement on deposit in its depository. � C. Independent Contractor: For the purpose of this Agreement, � the Agency sha.11 be deemed to be an independent contractor, and not � � an employee of the City. Any and all employees of the Agency or I . 3. � • . � . � �" . 'i or other persons, while engaged in the ,performance of any work or � services required by the Agency ur�der this Agreement, sha.11 not be considered employees of the City; and any and all claims that may or might arise under the Worl:men` s Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, hospitaZization insurance covera�es, Social Security and pension payments and benefits, other employee obligations and bene- fits, and any and all clai,ms made by any third party as a conse- quence of any act or omission on .th� part of th� Agency, the employees or other persoizs tahile so engag�d on any of the woric or services to be rendered, shall in no way be the obligation or � responsibility of the City. The Agency shall pay as they become due all ju.st claims for work, tools, machinery, slcill, ma.terials, insurance premiums, equipment and supplies furnished, rendered or performed in the execution of this Agreement. , D. No Discrimination: The Agency shall be deemed a contr.actor for the app ication o a provisions hereof and laws against un- � lawful discrimina.tion on account of race, creed, sex, age, or color hereunder. The Agency agrees in accordance with Chapter 238, Laws of the State of Minnesota for 1941, that in the hiring of com��on or skilled Iabor for the perfor_ma.nce of any �vork under this Contract or any subcontraci� hereunder, no contractor, material supplier, or vender_ shall,; by reason of race, creed or color, discriminate against any - person �oho is a citizen of the United States who is qua.lified and available to perform the work to �ahich such employment relates; that no contra.ctor, material supplier or vendor under this Contract shall in any manner discrimina.te against, or intimidate, or prevent the .employment of any person, or on being hired, prevent, or con- spire to prevent, any person fxom the performance of wark under .this Contract on account of race, creed or color; and that this Contract may be cancelled or termina.ted by tY�e City, and a11 money due or to become due hereunder shall be forfeited for a second or any subsequent violation of the terms or condiL-ions of this Contract. This Contract is subject to Title VI oi the Civil Rights Act of ].964 (P. L. 88-352, approved July 2, 1964) and the rules and regulations (24 CFR, Subtitle A, Part 1) , issued by the Housing and Home Finance Agency pursua.nt thereto. E. Indemnification: It is further agreed that the Agency shall de -en an save t e City of Saint Paul harmless from any claims, demands, aci�ions or causes of action arising out of any negligent act or out of any negligent omission on the part of the , • Agency, its agents, servants, or employees in the performance of or with relation to any of the work or services provided to be per- formed or furnish�d by the Agency under the terms of this Agreement. � 4. � , � + . 'i F. Residen__ t=Em�lovment and Trainin Re uirements : Section . Z03(a) o the �emonstration ities an � etropo itan Development Act of 1966 � requires that a comprehensive city demonstration pro- gram provide "%; %� %: ma.ximum opportunities for employing residents of the area in all pha�ses of th.e program and enlarged opportunities for work and training" and that it "%; ; %; make marked progress in reducing -', � %; underemployment and enforced idleness %; %� %;. " Zn the performance of this Agreement, the Agency shall cornply with all requirerneni�s of HUD per_taining to its general poli_cy on employment ;�nd training of Mode1 Neighborhood residerits in aIl jobs genera�ed by this Agreement and the submission requirements � for the implementation of this po.licy., as set fo-rth in HUD Handboolc MC 3160. 1, iSodel Cities Employment. and Training Requiremeni�s (CDA Letter No. 11) . Agency shall include these provisior_s dealing caith Resident Employment in all of ii:s operating subcontracts . � Agency agrees to comply with the Empl.oyment and Training goals set forth in the Saint Paul Model Cities Resident Employment and Training Plan, as set forth in Part II hereof. Within 90 days after the e�:ecution of this �Agreement, Agency sha.11 subm- it�or approval an employment plan together with specific employment and training goals for the implementation of this policy. In the execution o� such plan the Agency must demonstrate marked progress � tocaard specific goals in each succeeding phase of the program. � � All positions generated by this project and Agreement and all posii�ions �ecoming vacant sha.11 be filled by Agency by Model Neighborhood residents . 'All such positions of employment shall be listed wa_th the Model Neighborhood Employment Center. Only re- ferrals from the Model Neighborhood Employment Center shall be . accepted for employment by the Agency. Agency shall not ma.lce any exception to these provisions unless the Agency is grani:ed a waiver Uy the Model Cities Special Review Board. If the Agency desires such waiver, it sha11 make written request therefor to the Model Cities Special Review Board and shall set forth the fol.locaing inf orma.tion: • 1. Reasons for the need to deviate from the resident employment requirement. 2. Recommendation and alternatives as to how such � positions should be filled. Upon entering into this Agreement, Agency shall submit, in . - writing, a iisting of available jobs with a job description and • . � . �� 5. . • . , . salary range for each position. Each job description shall contain a definii:ion of the position, examples of duties and minimum qual- ifications for the position. Job descriptions are subject to review and approval of the Model Cities Department.. �Jithin thirty (30) days after execution of this Agreement, Agency shall develop for review and approval a specific program to � � upgrade eligible, potential and inter.ested employees in each para- professional job classification. This upgrading shall be designed to lead to greater responsibility or full p.rofessional statuss and those employees so upgraded shall be rei�ained in professional leval positions as such positions become available through staff turn�- . over, expansion or new program development. The Lraining proced.ures will be designed to remove identified imped�_meni�s to hiring and upgrading of disadvantaged Model Neighborhood residents and provide them �vith occupational mobility through seniority, in�erager�cy transfer agreements, civil service status, union membership or other prerequisites to such mobility. Agency shall show how it plans to remove or ease significant merit system impediment.s to the employment of disadvantaged Madel Neighborhood res;�,�, in such related_jobs . Agency shall designate a staff inember as Training and Develop- ment Officer to be responsible for development of- training progxa�r�s and employability development plans for all employees . An Fmploy- ability Development Plan in writing shall be developed with each employee using behaviorally defined objectives. t�ithin i�hirt}T (30) days after eaecution of this Agreement, Agency sha11 submit to the Model Cities Department g�ievance procedures to be follotaed by the Agency and available to its employees. G. Terms and Conditions: Agency shall be subject to and . shall comp .y wit a terms and conditions as set forth in th.e attached Part II. � � Agency shall include similar terms and cond�tions in all of its contracts with other agencies in the performa.nce of i:his Agreement. � . H. Su lementar Conditions : This Agreemeni� incorporates the "Mode ities A ministration Supplementary _Conditions for Contracts with Operating Agencies and Contract�ors , HUD-7050 (2-69) �� which is part of the attached Part II . When the term "City" is used therein, it shall mean "Model Cities Department". The Supplementary General Conditions shall be incorporated in all con- tracts between Agency and its contractors. _ � \ 6. � . , , . • I Adm'n' str _ . . i i ative Labor Standards . This Agreement incorpor ates the o e ities A ministratzon bor Standards Provision" - HUD-7051 (2-69), which is part of the attached Part II. Where the term "City" is used therein, it shall mean "Model Cities Department"; and where� the term "Contractor" appears therein, it sha.11 mean "Agency". These Labor Standards shall be incorporated in all contracts between the Agency and ,its contractors . J. Records Re�orts and Information: The Agency sha11 be responsib e �-or t e maintenance o�recor s and accounts , including property, personnel and financial records adequa.te to assure a proper accounting for all project funds, Federal and/or non- Federal. These records will be made available for audit to repre- sentatives of the Model Cities Department, the United States Department of Housing and Urban Development, the Comptroller Gen- eral of the United States or any authorized representatives of any , or all of the,^e aoencies, and will be retained for thr�e years after the expiration of this Contract unless written permissio.z is given for �heir destruction by Mode1 Cities D-�partm�nt and the � Secretary of the United States Departme�t of Housing an1 Urban Development.__ '� Agency shall furnish such statements, �ecords, reports and information as is called for in the Mode1 Cities Department data repor�ino package, w�.ich is incorporated herein by refer�nce and m�.de a par� hereof, an3 such other forms as may from tim,� to tim� be required of the Agency by tY:e D�partment of Housing and Urban ! D�velopment and/or Mo3el Cities Department. ' K. The Agency shall �provide informa.tion to the Mo�el Cities Department for purposes of evaluation and coniinuous planning ° pursua.r.�t to a monthly reporting system. This reporting system sha.11 include: a Output Measure Report (monthly) b Output Measure Report Narrative Report (mon�hly) c Agency Statement (monthly) d Participant Beneficiaries Report (monthly) e Project Work Program (monthly) f Budget and Output Measure Forecasts (monthly) . g Narrative Report (monthly) L. Work Pro�ram: Within one month following the execution of this Agreement;-tT1e Agency shall submit to the Model Cities Department, for its approval, a Work Program setting forth how the ' Agency will implement the scope of services as set forth in this Agreement, and including the following: � , (a) Job Description for each staff position : � . 7. . . � - • b , Timetable for hiring staff ' c Detailed description of the tasks to be undertaken d Methods by which the successful completion of these tasks will be achieved � (e) Timetable for such completion. . IN WITNESS ti�-iEREOF, The parties have caused this Agreement � to be executed the day and year first above written. � � � � GITY OF. SAZNT PAUL. . .. ... . . , .. . .. . , Approv as to =brra: MODEL CITIES DEPARTMENT � ; ,, ; , pe�sa , ssis�a�t ' yor : Corpora,`tion��.CflU.ns �; � . �/ � � j � (� irector � Approved as to Form & Executzor: ity er pecia ssistant Corporation Gounsel • � Zty omptro er - i . ' � � In the Presence of: THE AMERICAN INDIAN MOVEMENT By• - . , Its Its APPROVED by Council Resolution ' C.F. - No. - . Dated: � � . 8. , � . PART II-A SCOPE OF SERVICES PROGRAM: Supportiv,e Services AGENCY: American Indian Movement • A. GOAIS . The main goals of the American Indian Movement in St. Paul St. Paul are the following: � 1. Organize to up-date the living conditions of the Urban Indian. 2. Improve the self-concerpt and community image of the Urban Indian in St. Paul. 3. Solicit and broaden employment and social opportunities for the Urban Indian in order that he may enjoy his full rights as a citizen of the United States. We, the Concerned Tndian Ameri:aans, known as the American Indian. Movement, (A.I.M.), residents of the St. Paul and greater St. Paul area adopted the following goals: B. SHORT RANGE OBJDCTIVES: 1. Increase the availability and acceptability of services which are available in other centers. 2. Pursue our program to place the Tndian in better housing. 3. Continue our program with Indian youth. 4. Continue our present program by providing employment assistance to the Indians. 5.- Continue our Indian arts, crafts, and cultural program. ' 6. Develop our program to improve the relationship between the Indian and local community. C. LONG RANGE OBJECTIVES: 1. Develop a greater sense of unity among the Indian people. 2. To help inform all Indian Americans of community and local affairs. 3. To encourage the Indian American to become more active in . community affair�. 4. To improve the economic status of Indian Americans. 5. To establish educational programs to maintain Indian culture, Indian languages, and Indian religion. D. PROGRAM: 1. Operated by A.I.M. at 585 Fuller. 2. Staffed by: Executive Director Social Service Director � Special Service Director Youth Worker 3. Services: a. Employment 1) Make 100 contacts with unemployed Indians and direct them to existing community agencies. _�� - 2) Assist clients in completing required forms. 3) Assist with necessary interviews. 4) Conduct a followin� study to determine job and employer satisfaction. 5) Act as mediator in conflicts that arise between clients and employers. b. Housing � 1) Make 50 contacts with Indians havin� difficulty finding housing. 2) Explain services available from community agencies 3) Direct clients, and if necessary, accompany them as they make the initial contact with agencies. 4) Assist clients with necessary forms. ' S) Help clients negotiate with landlords, if they can be privately placed. 6) Assist clients in procuring furniture and emergency food. . c. Youth Programs 1) Maintain Drop-in Center Longhouse Program for Indian ' young people. • 2) Offer bi-weekly Indian arts and crafts classes. 3) Offer bi-weekly history and culture classes. 4) Counsel Indian youn� people having difficulties - provide tutorial service when necessary. 5) Act as probation officer for Indian youth and assist them with court procedures. � d. Legal Assistance 1) Act as community liaison for Indians needing legal assistance. 2) Assist in getting bail money for Indians in need of it. 3) Work with social workers dealing with Indian court cases. 4) Ac.coe�pany juveniles or others to court to assist them as is necessary. E. STAFFING AND ADMINISTRATION • 1. Executive Director.s: � . ` � a. Supervision of staff and programs b. Bookkeeping 2. Social Service Director a. Housing services � b. Employraent services c. Emergency Services 3. Special Services Director a. Legal Assistance b. Probation Officers c. Education and Students' problems 4. Youth Worker � a. Counseling b. Longhouse Programmer c. Organizer for Community Volunteers . � , � PART II - B BUDGET NOTEa These forms are intended to illustrate the format for the standard Model Cities Operating Agenc Bud et. Additional items a ro riate to our ro 'ect Y � PP P Y P J should be added to the Cost Category sheet. Inappropriate items should be deleted. � PROGRAM ADMINISTRATION BIIDGET 1. iva;;i: CF A.�ENCY _ . _ _ American Indian P�bvement 2. BUDGET � A. COST CATEGORY B. ESTIMATED COST FOR ' YEAR OF PROGRAM � (1) Personnel Salaries Employee Benefits 47?_5.40 3727.8£3 8453.28 (2) Consultants and Contract Services (3) Travel (4) Space � (5) Consumable Supplies and Services 343.60 616.40 960.�0 (6) Rental, Lease, or Purchase of Equipment (7) Other TOTAL C. Model Cities Supplemental �lznds 5069.00 4344.28 9413.28 D. Other • • BUDGET LINE (1) Personnel Title of Position � Sala Execut i v,e Di rector � . 1788.80 Sociai Service Director 1341 .60 Youth Worker (Part-time) 521 .72 Special Service Director 1073.28 - � 4725.40 Salaries - TOTAL Em lo ee Benefits FICA ( 5.2� of the first '7,800 per person) Workmen comp. Insurance Other TOTAL SALARIES AND ENNiPLOYEE BENEFITS 4725.40 � - • / I BUD('ET LINE (i) Consumable Su lies and Services Office Supplies and Miscellaneous 343.60 Postage , � . Maintenance and Repair of Office Equipment Printin�, Duplicating, and Binding Books and Publications - Advertising TOTAL CONSUMABLE SUPPLIES AND SERVICES 343.60 • _ PART II - C TIMETABLE September 16, 1971 Time-table This is an ongoing project. The funds voted by MNPC are emergency funds to sustain the operation to December 31, 19?1. A serial time- table is not possible because of its ongoing character. Monitorin� and Evaluation ---�`� The project will be monitored in coordination with the Mode1 Cities staff. AIM will be responsible for submitting regizlar reports on its operation to the Model Cities Director of Evaluation. , MODEL CITIES DEPART'MENT OPERATING AGREEMENT PART II - D � TERMS AND CONDITIONS 1. Termina.tion of Contract. (a) If the' United States Department o ousing an r an Development should suspend or termina.te its Grant Agreement for the Comprehensive City Demon- stration Program with the City of Saint Paul, this Agreement may be terminated by the Model Cities Department; or if, for any cause. not the direct result of Model .Cities .Department act�.ons, . � the Agency shall fail to fulfill in timely and proper ma.nner its obligations under this Agreement, or if the Agency sha.11 violate any of the covenants, agreements or stipulations of this Agreement, the Model Cities Department sha.11 thereupon have the right to termina.te this Agreement by giving written notice to the Agency of such termination and specifying the effective date thereof, except as may be otherwise provided in Notice of Suspension or Termina.tion received by the Model Cities Department from HUD. The notice given to the Agency shall be provided at least thirty days prior to the effective date of such termina.tion. In such event, all fin- ished or unfinished documents, data, studies and reports prepared by the Agency under this Agreement, sha.Zl at the option of the Model Cities Depa.rtment become its property, and the Agency shall be en- titled to receive just and equitable compensation for any work satisfactorily completed on such documents. (b) Provided, however, that if the Model Cities Depa.rtment shall exe.rcise its right herein given to terminate this Agreement for cause, it shall nonetheless reimburse the Agency for all amounts expended or indebtedness incurred in good faith in reliance on this Agreement so that the Agency shall be able to complete its accrued and/or current commitments on account of this Agreement. But this provision shall not be construed to relieve the Agency of its lia- bility, if any, to the Model Cities Department for damages for breach of contract. (c) Either the Model Cities Department, with the consent of the Model Neighborhood Planning Council, or the Agency may termin- ate this A reement for any reason whatsoever upon the giving of thirty (30� days written notice. In such event, all finished or unfinished documents, data, studies and reports prepared by the Agency under this Agreement, sha.11 at the option of the Model Cities Department become its property, and the Agency sha.11 be entitled to receive compensation for work performed satisfactorily to the date of termina.tion of the Agreement only. (Terms and Conditions) 1. � � . �- (d) Not�vithstanding the above, the Agency shall not be relieved of liability to the Mod�l Cities Department for damages sustained by the Model Cities D�partment by virtue of any breach of this Agreement by the Agency, and Model Cities Department may withhold any payments to the Agency f.or the purpose of setoff until such time as the exa.ct amount of damages due the Model Cities Department from .the Abency is determined. 3. �Chan e�s. The Model Cities Department may, from time to time, reques—t-cFia.nges in the scope of the services of the Agency to be performed hereunder. Such changes, which are mutually agreed upo�n by and between the Model Cities Departme�t a�d the Agency, sliall be incorporated in written amendmen=s to this Agreement. The Agency may not deviate in any respect from the scope of services , delineated without the written consent of the Model Cities Department. � The Agency shall assist the Mode1 Cities Department and the Policy Board in reviewing and revising these purposes and objectives in light of the experience from the activities of the project for the duraL-ion of �this Agreement. Such assistance sha.11 include, but no� be limited to, cooperating in the mo�nitoring and evaluation activities of the Model Cities Department, participating in the continuing planning activities o� the Model Cities Depar�ment and generally providing advi,ce and counsel. The Agency and the Model Cities Department may revise, amend, and/or add to the purposes and objectives �y clarifying langua.ge and/or by quantifying any or all of the purposes and objectives . Any such revisions and amendments shall be in the form of amend- ments to this Agreement. 4. Personnel. (a) The Agency represents tha.t it has, or will secure at its own expense, all personnel required in perform- ing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with tlze Model Cities Department. (b) All of the services required hereunder shall be per- fo nned by the Agency or under the supervisioz of the Agency, and all personnel engaged in the wor'x shall be fully qualified and shall be authorized or permitted to perfor�n such services in accordance with applicable Federal, State and local laws . • (Terms and Conditions) 2 . ' _ i , � (c) None of the work or services covered by this Agreement sha.11 be subcontracted without the prior written a�proval of the Model Cities Department. Any work or services subcontracted here- under sha.11 be specified by written contract or agreernent a�1d shall be subject to each provision of .this Agreement. 5. Anti_-Kickb�ck Rules . Salaries of arc�itects, draftsmen, Lechnical engineers, and technicians perfortning work under this Agreement shall be paid unconditionally a�d not less often than once a month without deduction ox rebate on any account except . only such payroll deductians as are mandatory by law or perinitted by the a�plicable regulations issued by the Secretary of Labor pursuant to 4he "Anti-Kickback Act" .of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S .C. , szction 874; and title 40 U.S .C. , section 276c) . The Agency shall comply with all applicable "Anti-Kickback" regulations and sha.11 insert appropriate provisions in all subco�tracts covering wor der this Agreement to insure compliance by subco�ntractors wi�ti such regulations, and sha.11 be responsible for the submissio:� o.f affi- davits required of subcontractors tlzereunder except as the Secretary o£ Iabor may specifically provide for variations of or exemptions from the requirements thereof. 6. Pro 'ect Coordina.tion. The Agency, by its �esignee, shall participate wa.t t e o e ities Department in regular meetings for the purpose of coorda.nating efforts and continuing the planning of the program. The Agency sha.11 establish liaison and coordina.te activities ' with programs of other agencies functioning in related field pro- viding service in the Model Neighborhood area. 7. Citizen Partici ation. (a) The Operating Agency shall cooperate witi�t e o e ities Department in informing the appro- priate Model� Cities Task Force of the activities of the Agency in carrying out the provisions of this Agreement. (b) Representatives of the Agency shall attend mee�ings of � the appropriate Task Forces �apon the request of the Model Cities Department. . ' 8. Reduction of Services . In the event the Agency fails to I fulfill t e terms aa con itlons of this Agreement in a satis- I factory manner as determined by the Mo�el Cities Department, the � Model Cities Department reserves the right, as its sole option, � � (Terms and Conditions) 3. � . � , to reduce or diminish the services of the Agency and reduce the project budget in a manner which reflects such reduction or diminution. 9. Assignabil�it�� The Agency �hall not assign any interest in this Agreement an3-shall not transfer any interest in the same (whether by assignment .or novation) without the prior written consent of the Mode1 Cities De�artment thereto. 10. Subcontract and Other A reements . The Agency sha.11 not subcontract any portion o t e services to be provided hereunder without the prior written consent of the Model Cities Department. All consultants ' contracts shall be approved by the Model Cities Department prior to the execution of any Agreement thereto. Any , purcha.se of real estate shall also receive prior approval of the Model Cities Department. The Agency further agrees that prior to the execution of any contract or other legal instrument concerning the services to be provided hereunder, it will submit said con- tract to the Model Cities Department for its prior written approval. �, 11. Restrictions on Disbursements . No money under this Agreement shall be disbursed by the Agency to any contractor except pursuant to a written contract which incorporates all Supplemental General Conditions to this Contract and unless the Agency agrees to compliance with HUD requirements with regard to accounting and fiscal matters to the extent tha.t they are applicable. � ' , 12. Failure of Internal S stems. The Agency further agrees � that shoulcT'its audit, reports, or znternal system of control prove � to be inadequate in the determina.tion of the Model Cities Depart- ' ment, the Model Cities Department reserves the right to enter upon ; the Agency's premises and perform all acts necessary and relevant ' to the establishment of a proper system of internal fiscal control. The Model Cities Department shall have the right to place its per- sonnel� agents, or independent contractors upon the premises of the Agency and use Agency's personnel to function in this area. The Model Cities Department agrees that at such time when the system � or systems conform to satisfactory practices, it will return jur- isdiction and control to the Agency. , 13. �0 erat�in Procedures . The Model Cities Department re- serves the rig�it to prescri e uniform operating procedures for the Agency at such times when the Model Cities Department deems it - � necessary. . � 14. Model Cities Identification in Pro 'ect Activities . (a) � All buildings, o ices an aci ities us� y t e gency to fulfill , (Terms and Conditions) 4, . ` ; � , the obligations under this Agreement shall identify the City of Saint Paul Model Cities Department as a sponsor of the activity in a manner to be approved by the Model Cities Department. (b) All stationery, informationa.l releases, pamphlets and brochures or other material prepared and/or distributed by the Agency shall identify the City of Sain� Paul Model Cities Depart- ment and the U. S . Department of Housing and Urban Development as sponsors of the activity, in a ma.nner to be approved by the Model Cities Department. � 15. Dis lacement and Re�ocation: The Agency shall immedi- ately noti y t e o e ities epartment and its Relo�ation Officer if any of the Agency' s activities supported by the Model Cities Supplemental Funds or any other public funds will result in the displacement and/or relocation of families, individuals or � businesses within the Model Neighborhood. Such notification shall occur immediately upon knowledge that the activity will cause such displacement and/or relocation tha.t the Model Cities ��>tment and the relocation office can provide relocation assistance pay- ments . If relocation of displacees is infeasible, the Model Cities Department may direct the termination of the activities causing further displacement. 16. Maintenance of Effort. It is agreed that any funds made available un er provisions o t is Agreement shall be used to in- crease the total amount of services provided and the total amount of funds spent in the Model Neighborhood by the Agency. Under no circumstances shall funds being made available under this Agreement be used to pay for activities already being provided by the Agency in the Model Neighborhoad. The Model Cities Department may request documentation concern- ing previous effort and expenditures by the Agency in the Model Neighborhood to enable the Model Cities Department to determine if the Agency is increasing its se-rvices and the spending of funds in the Model Ne�ighborhood. � 17. E ua.l Em lo ment, 0 ortunit . During the performance of this Agreement, t e gency agrees as ollows : (a) The Agency will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age or national origin. The Agency will take affirrnati�ve action to en- sure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, (Terms and Conditions) 5, age, or national origin. Such action sha.11 include, but not be � limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layo£f or ter- mination; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the Model Cities Department setting forth the provisions of this nondiscrim�na.tion clause. (b) The Agency will, in all solicitations or advertisements for employees p�aced by or on behalf of the Agency, state tha.t all qualified applicants wiil' receive consideration for employment without regard to race, creed, sex, age, color, or national origin. (c) The Agency will cause the foregoing provisions to be � inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided �hat the foregoing provisions sha.11 not apply to contracts or subcontracts for standard commercial supplies or raw materials . 18. Discrimination Because of Certain La.bor Matters . No person emp oye on t e wor covere y t is greement s 11 be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceed- ing or has testified or is about to testify in any proceeding under or relating to the �labor standards applicable hereunder to his employer. . � 19. Com�liance with Local Laws. The Agency sha.11 comply with all app ica'6Ie laws, ordinances, and codes of the state and local governments, and shall commit no trespa.ss on any public or private property in performing any of the work embraced by this Agreement. 20• interest of Members of Model Cities De artment.� No mem- ber of the governing o y o t e o e ities epartment, and no other officer, employee, or agent of the Model Cities Department, who exercises any functions or responsibilities in connection with the carrying out of the project to which this Agreement pertains, shall have any persona.l interest, direct or indirect, in this Agreement. �21. Interest of Other Local Public Officials. No member of the governing o y o t e oca ity in w ic t e project area is � situated, and no other public official of such locality, who ' exercises any functions or responsibilities in the review or ap- proval of the carrying out of the project to which this Agreement . (Terms and Conditions) 6, � . f pertains, shall have any persona.Z interest, direct or indirect, in this Agreement. . 22. Interest of Certain Federal Officials. No member of or Delegate to t e ongress o t e nite tates, and no Resident � Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. ' , . � 23. Interest of A enc . The Agency covenants that it pres- ently ha.s no interest an s 11 not acquire any interest, direct or indirect in the above-described project area or any parcels � therein or any� other interest which would conflict in any ma.nner or degree with the performance Qf its services hereunder. The Agency further covenants that in the performance of this Agreement no person having any such interest sha.11 be employed. . 24. Findin s Confidential. All of the reports, information, � data, etc. , prepare or assem ed by the Agency under this Agree- ment are confidential, and the Agency agrees that they shall not � be made available to any individual or organization without the prior written approval of the Model Cities Department. 25 . Purchase of Nonexpendable Property with Model Cities Funds . The agency shall maintain a record for each item of nonexpendable property acquired for the program. At the con- clusion of this pi•oject or activity all nonexpendable property acqi�ired by the agency with Model Cities funds shall revert to the city. Nonexpendable- property is property which will not be consumed or lose its identity by being incorporated into another I item of property, which costs �100 or more per unit and is , expected to have a useful life of one year or more . Grouping of l.ike items such as chairs with an aggregate cost in excess of �100 ahall also be controlled and accounted for as nonexpendable �roperty even though the cost of a single item is less than lU(). The record shall include (a) description of the item of property including model and serial number if applicable , (b) date of acquisition, (c) the acquisition cost or assigned value to the program, and (d) the source of funds expended for ttie aequisition of property ( i . e . , agency funds or Model Cities �uncis ) . It shall also include information as to whether the item of property was new or used at the time of acquisition. The a��regate of the individual costs shown on the record cards stiall equal the balanQe in the subsidiary costs account for non- expendaUle properi;y. The fiscal inventory shall be taken and reconciled with the record card annually. • (Terms and Conditions) 7. , U. S. DEPART'�NT OF HOUSING AND UREAN DEVELOPMENT � i MODEL CITIES ADMINISTRATSON SUPPLEMENTARY GENERAI, C`ONDITIONS FOR CONTRACTS WITH OPERATING AGENCIES AND CONTRACTORS� I The following conditions take precedence over any conflicting conditions in the Contract: �EC. l. Restriction on Disbursements. -- No money under this Contract � shall be disbursed by the Agency to ar�y contractor except pursua.nt to a written � contract which incorporates the applicable Supplementary General Conditions and unless the contractor is in compliance with HUD requirements with �egard to accounting and fiscal matters, to the extent they are applicable� SEC. 100. Definitions. -- As used in this Contract: (A) : Agency means an entity, whether public or private, which has the � � responsibility for administering a project or activity. (B) Area means the model neighborhood designated in the Program. � (C) Contractor means an entity, other than an Agency (except as noted 4 in the Labor Standards Provisions) that flzrnishes to the City or to an Agency � services or supplies (other than standard commercial supplies, office space � or printing services) . � (D) HUD means the Secretary of Housing and Urban Development or a person authorized to act on his behalf. (E) Program means the Comprehensive Demonstration Program approved by HUD as the same ma.y from time to time be amended. � � SEC. 101. Records. -- �� � � ' (A) Establishment and Maintenance of Records. -- Records shall be ma.in- � tained in accordance with requirements prescribed by HUD or the City with s respect to all matters covered by this Contract. Except as otherwise author- � ized by HUD, such records shall be maintained for a period of three years # af`ter receipt of the final payment under this Contra,ct. � (B) llocumentation of Costs. -- Al1 costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of ` the charges. All checks, p�yrolls, invoices, contracts, vouchers, orders, or ' other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible. 5 * ,The conditions must be incorporated in (1) City contracts with operating � egencies, (2) City contracts with contractors, (3) Operating agency con- � tracts with contractors. ' *� The bracketed material should be deleted in contracts with contractors. � � � HUD-7050�z-e9i � f ` , - 2 SEC. 102. Reports and Information. -- At such times and in such forms as HUD or the City may require, there shall be flxrnished to HUD or the City such statements, records, reports, data and informa.tion, as HUD or the City may request pertaining to matters covered by zhis Contract. SEC. 103. Audits and Inspections. -- At ar�y time during normal business hours and as often as the City, HUD and�or the Comptroller General of the United States msy deem necessary, there shall be ma�d.e available to the City, HUD and�or representatives of the Comptroller General for exa.mination all of its records with respect to all matters covered by this Contract and will permit the City, HU'D and�or representatives of the Comptroller General to audit, ' examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to a11 matters covered by this Contract. . � � SEC. 104. HL'D Requirements. -- Unearned payments under this Contract may be suspended or terminated upon reflisal to accept a.r�y additional conditions that may be imposed by HU'D at any time; or if the grant to the City under Title I of the Demonstration Cities a.nd Metropolitan Development Act oi 1966 is sus- pended or terminated. SEC. 105. Conflict of Interest. -- � ---�� � (A) Interest of Members of City. -- No officer, employee, or agent of � the City who exercises an�y flinctions or responsibilities in connection with the planning and caxrying out of the Progra.m, or ar�y other person who exer- cises ai�y functions or responsibilities in connection with the Pro�ram, shall have as�y personal financial interest, direct or indirect, in this Contract; and the Agency sha11 take appropriate steps to assure compliance. � (B) �The Agency agrees that it will incorporat�e into every contract � required to be in writing the following provision� � Interest of Contra.ctor and Employees. -- The Contractor � covenants that no person who presently exercises ar�y fUnctions or responsibilities in connection with the Program, has ar�y personal financial interest, direct or indirect, in this � � Contract. The Contractor flzrther covenants that he presently ` has no interest and shall not acquire any interest, direct ` or indirect, in the Model Neighborhood Area or any parcels i therein, which would conflict in ar�y manner or degree with the � performance of his services hereunder. The Contract f�zrther : covenants that in the performa.nce of this Contract no person ; having ar�y conflicting interest shall be employed. Any interest on tk�e part of the Contractor or his employees must be dis- � closed to the Agency and the City. Provided, however, that this ` paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum oppor- � tunity be provided for employment of and paxticipation by residents of the axea. ; _ � I �- The bracketed material should be deleted in contracts with contractors. , i . � HU D-709D l t—eo) 3 SEC. 106. Opportunities for Residents. -- In all work made possible by or resulting from this Contract, affirma.tive action will be taken to ensure that residents of the mod.el neighborhood axea axe given maximwm oppor- tunities for training and employment and that business concerns located in or owned in substantia.l paxt by residents of the model neighborhood are to the greatest extent feasible, awarded contracts. SEC. 107. Discrimination Prohibited. -- (A) In all hiring or employment made possible by or resulting from this Contract, there (l.) will not be any discrimination against ar�y er.rployee or applicant for employment because of race, col.or, religion, sex, or national origin, and (2) affirmative action will be taken to ensure that applicants axe employed, and that employees are treated durir� employment without regard to their race, color, religion, sex, or national origin. This requirement shall apply to but not be limited to, the following: employment, upgra.d.ing, demotion, or transfer, recruitment or recruitment advertising; lay-off or termination; . rates of pay or other forms of compensation; and selection for training, includ- ing apprenticeship. There shall be posted in conspicuous places available to employees and applicants for employment, notices to be provided by HUD setting forth the provisions of this clause. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (B} No person in the United States shall, on the ground of race, color, religion, or national origin, be excluded from participation in� be denied the - - benefits of, or be sub�ect to discrimina.tion under- ar�y program or activity - made possible by or resulting f`rom this Contract. The Agency and each employer will comply with a11 requirements imposed by or pursuant to the regulations of HUD effectuating Title VI of the Civil Rights Act of 1964. �C) The Agency hereby-agrees that it will incorporate into any contract for construction work, or modification 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 flulds obtained pursuant to this Contract, the equal opportunity clause which is a part of the labor standard provisions attached hereto. The Agency flirther agrees that it will be bound by the equal opportunity clause and other provisions of �+l CFR Chapter 60 with respect to its own employ- 'ment practices when it participates in federally assisted construction work: Provided, That if the Agency so partici�;ating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumental- ity, or subdivision of such government which does not paxticipate in work on or under the contract. � The Agency agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining the complia.nce of contractors and subcon- tra.ctors with the equal opportunity clause and the rules, regulations, and rele- vant orders of the Secretary of Labor, that it will furnish HUD and the Secretary MU D-7050 12-e9) , ' i �F � of Labor such informa.tion as they ma.y require fax� the supervision of such compliance, and that it will otherwise e.ssist HUD in the discharge of its ' primary responsibility for securing campliance. The Agency fl�.Tther agrees that it will rePrain from entering into ar�y contract or contract modification subject to Executive Ordex 112�+6 of September 24, 1965, with a contractor detiaxred from, or who has not demon- � strated eligibility for, Government contracts and federa7ly assisted construc- tion contracts pursuant to the Executive Order. In a.d.dition, the Agency ' a�rees that if it fails or refuses to comply with these undertakings, the ` City may take ar�y or al1 of the following actions: Terminate or suspend in whole or in part this Contract; refrain from extending ar�y flzrther assistance to the Agency undex the program with respect to which the failure or reflzsal occurred until satisfactory assurance of f'uture compliance has been received from such Agency; and refer the case to the Department of Justice for appropri- ' ate legal proceedings. � , : : � SEC. 108. Labor Standards. -- There shall be included in all construc- tion contracts, made possible by or resulting from this Contract, with private � entities the applicable labor standards provisions, if the work being carried on is not otherwise subject to grovision of Federal law imposing labor standards on federally assisted construction and in the case of residential pro�ects if the pro�ect is designed for the residential use of eight or more ft�.milie� _ SEC. 109. Co�yrights. -- If this Contract results in a book or other copyrightable material, the author is free to copyright the work, but HUD reserves a royalty-free, nonexclusive, and. irrevocable license to reprod.uce, • publish, or otherwise use, and to authorize others to use, all copyrighted material and all ma,terial which ,can be copyrighted. SEC. 110. Patents. -- Any,discovery or i.nvention arising out of or developed in the course of work aided by this Contract shall be promptly and ftiilly reported to HUD for determination by HUD as to whether patent protection on such invention or discovery shall be sought and how the rights in the in- vention or discovery, including rights under a.ny patent issued thereon, shall be disposed of and administered, in order to protect the public interest. SEC. 111. Political Activity Prohibited. -- None of the fluids, materials, property or services provided directly or indirect]tiy under this Contract shall be used in the performance of this Contract for ar�y partisan political a,etivity, or to flirther the election or defeat of any candidate for public office. SEC. 112. Lobbying Prohibited. -- None of the funds provided under this Contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress. **� The bracketed material shall be deleted in contracts involving construc- ' tion, rehabilitation, alteration or repair work with private entities. ' The attached labor standards provisions shall be inserted in lieu of Sec- tions 107 and 108. In contracts for such work with public entities, only sections 1 - 3 � of the labor standard provisions should be included. . HUD-705D 12�69J R Y.i.GOV[IIMY[NT►�INTING O/fIC[:I�t�O-)73-W2 ' , . . U.S. DEPARTMENT OF MOUSING AND URBAN OEVEI.OPMENT MODEL CITIES ADMINISTRATION � � LABOR STANDARDS PROVISIONS � 1. OPPORTUNITIES FOR RESIDENTS In a].1. work ma,de possible or resulting from this Contract, affirmative i action will be taken to ensure that residents of the model neighborhood axea nxe given maximum opportunity for training and employment and that business concerns located in or owned in substantial part by residents of the model neighborhood are to the greatest extent feasible, awarded contracts. 2. EQUAL OPPORTUNITY A. During the perform�nce of this Contract, the Contractor agrees as � follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contract will take affirma.tive action to ensure that applicants F are employed, and that employees are treated during em�ployment without ; regaxd to their race, color, religion, sex, or national origim--��h action j 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, includ.ing apprent�ceship. The Contractor agrees to post in con- spicuous pla,ces, available to employees and applicants for employment, notices to be provided setting #'orth 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 � applican�s will reeeive consideration for employment without regard to race, i color, religion, sex or national. origin. � (3) The Contractor will send to each labor union or representative of � workers with which he has a collective ba.rgaini.ng agreement or other contract : or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to e eraployees and applicants for employment. : (4) The Contractor will comply with a11 provisions of Executive Order ' 1121+6 of September 24, 1965, and of the rules, regulations, and relevant � ordere of the Secretary of Labor. • ' (5) The Contractor will flirnish all informa.tion and reports required by ; Executive Order 11246 of September 2�+, 1965, and by rules, regulations, and � ordera of the Secretary of Labor, or pursuant thereto, and will permit access � . � _ � Huoaos� (2-69) � � . • i t . 2 to his books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regula- tions, and orders. (6) In the event of the Contractor's noncomplia,t�ce with the nondis- crimination clauses of this Contract or with ar�y of the said rules, regula- tions, or orders, this Contract matiy be canceled, terminated, or suspended in whole or in part and the Contractor may be declared inel.igible for � flzrther Government contracts or federal�y assisted construction contracts in accordance with procedures authorized in Executive Order 112�+6 of September i 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 112�+6 of September 2�+, �965, or by rule, regula- tion or order of the Secretary of Labor, or as otherwise provided by law. � (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions� of para�raphs (1) through (7) above and paragraph. B below in eve.ry subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursua.nt to section 204 of Executive Order 11246 of September 2�+, �965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor • will take such action with respect to ar�y subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanetions for noncompliance: Frovided, however, That in the event a Contractor becomes in- volved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Non-Se�regated Facilities. The Contractor certifies that he does not ma.intain or provide for his employees any segregated facilities at ar�y of his establishments, and that he does not permit his employees to perform their services at at�y location, under his control, wY�ere segregated facilities axe maintained. The Contractor covenants that he will not maintain or provide for his employees ar�y segregated facilities at a.r�y of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dxessing areas, paxking lots, drinking fountains, recreation or entertainment axeas, transportation, and housing facilities pro- vided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color� or national origin, because of habit, local custom, or otherwise. 3. SPECIAL USE OF TERM �Notwithstanding Section 100 of the Grant Agreement and Section 100 of the Supplementary General Conditions, the term "Contractor" may include an'bperating Agenc�' as defined in the Grant Agreement and an"Agenc�' as defined in the Supplementary General Conditions. NUO-7051 1z�691 . - i . . 3 4. DAVIS-BACON ACT (1) Minimum wages. (i) All mechanics and laborers employed or working upon the site of the work 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 permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the flill amounts due at time ; of payment computed at wage xates not less than those contained in the wage ' determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of as�y contraetual relationship which may be ! alleged to exist between �the Contractor and such laborers and mechanics; and the wage determination decision shall be posted by the Contractor at the site of the work .in a prominent place where it can be easily seen by the workers. � � � For the purpose of this�clause,-contributions made �or costs reasonably antici-_ . i pated unc�er section 1(b)(2) of the Dav�s-Bacon 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(a)(1)(iv). Also for the purposes of this clause, regular contributions ma.de or cost� incurred for more than a week]�y period under plans, fluids, or programs, but covering the particular weekly period, are deemed to be constructively mad.e or incurred during such weekly period. (ii) The Contracting Officer shall require that 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 or reclassified conformably to tY�e wage determination, and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Contracting Officer shall be referred to the Secretary for final determination. (iii) The Contracting Officer shall require, whenever the mini.mum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hour�y cash: equivalent thereof to be established. In the event the in�erested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Contracting Officer, shall be referred to the Secretary of Labor for determination. (iv) If the Contractor does not make payments to a trustee or other third. person, he may consider as part of the wages of ar�y laborer or mechanic the amount of a�r costs reasonably anticipated in providing benefits under a plan or program of � type expressl,y listed in the wage determina.tion decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or progra.m. HU D-70S1 12-69) � � . 4 (2) Withhold_ing. HUD may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered • , necessary to pay laborers and mechanics employed by the Contractor or ar�y subcontractor on the work the flill amount of wages required by the Contract. In the event of failure to pay arLy laborer or mechanic employed or working on the site of the work, HUD ma.y, after written notice to the Contractor, take such action as may be necessary to cause the suspension of an�y ftiirther. payment, advance, or guarantee of fluids until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating . thereto will be ma.intained during the course of the work and preserved for a period of three, years ther.eafter for all laborers and mechanics working at the site of the work. Such records will contain the na.me and address of each sucn employee, his correct classification, rates of pay (including rates of contribu- tions or costs anticipated of the types described in section 1(b)(2) of the � Davis-Bacon Act), daily a.nd week�}r number af hours worked, deductions made and actual wa,ges paid. Whenever the Secretary of Labor has found under 29 CFR 5•5(a)(1)(iv) that the wages of any laborer or mechanic include the a.mount of ' ar�y costs reasonably anticipated in providing benefits under a plan or program described in section 1(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 responsible, and that the plan or program has been commtuiicated in writin; to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (ii) The Contractor will submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a party the Contractor will submit the payrolls to the Agency for transmission to the City, for transmission to HUD. The copy shall be accompanied by a statement signed by the employer or his agent- indicating that the payrolls are correct and, com- plete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the .work he performed. A submission of a "Weekly Statement of Compliance" which is required under this Contract and the Copeland regulations of the Secretary of Labor (29 CFR� Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of ar�y findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisf�r this requirement. The prime Contractor shall be responsible for the submission of copies of pay- rolls for all subcontractors. The Contractor will make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of HUD, the City �r the Agenc� and the Department of Labor, and will permit such representatives to interview employees during work- ing hours on the job. � (�+) Apprentices. Apprentices will be permitted.to work as such only when they are registered, individually, under a bona fide apprenticeship progr�.m registered with a State apprenticeship agency which is recognized by the Bureau _ � NUD-�OSI �t-a9� • , ' v . i I 5 of Apprenticeship and Training, United St�,tes Department of Labor; or, if no such recognized agency exists in a State, under a program registered with ' the Bureau of Appren�;iceshi� �,nd Z'r�.ining, United States Department of Labor. The allowable ratio of �,pprer_tices to journeymen in ar�y craft cla.ssification , shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Ar�y employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determi.ned by the Secretary of Labor for the classifica- . � tion of work he actuai�y performed. The Contractor or subcontrac�;or will be required to flzrnish �o �i�;: Cc:,.�.:r�.c���n� Giiicer wr.i�:ter: evidenc� o:� the registration of his program �.nd apprentices as well as of the appropriate ratios �.nd wa,F;e ra���s, f�x t'r.,_: ��r:-.•�� o." co^.tl�.?c�ion prior to usin:� ar�y apprentices on the co:�tr�zct wai':c. � ; � ' (5) Compliance wi�,h Co�eland Re�ulations �29.CFR Part 3). The � Contractor shall co _ ;r � . '� ��.�> Co����w�ci R��a�a:tions (29 CFR Part 3). of the , Secretary of Labo-r �,::::�'�< <:_��:; '-.°:r���:� �l�ie�;��,oiate� by reference. (6) Subcont-rwcts. 7'he Co�,tracto-r will insert in any subcontracts the � clauses contained in 29 CFR 5.5(a)(1) t:�rou�h (5) �,r�d (7) and such other � clauses as HU�D may by appropriate instruc�ions require, and also a clause � requiring the subcontractors to include these clauses in ar�y l��ier sub- ; contracts whic:� they may enter into, together with a cl.ause requiring this � insertion in an,y flarther subcontra^ts that may in tuxn be ma.de. (7) Contract termination; deb�.rment. A breach of clauses . (1) thraugh (6) ma,y be grounds for termination of the contract, and f'or debarment as pro- vided in 29 CFR 5.6. 5. CONTRACT WORK HOUfZS S^1ANDARDS ACT (1) Overtime reguirenents. iIo Contractor or subcon�ractor contracting for ar�y part of the coi�tr�,ct �aor'_.� which m.ay require or involve the employment of laborers or mechc�.nics shall require or perrlit ar�y laborer or mechanic in � any workweek in which k�e is emp�_oyed on such work to trork in excess of eight � hours in ar�y calendar day or in �xcess of for-cy hours in such workweelc unless ` such laborer or mechanic receives compensation at a rate not less than one , and one-half times his basic rate oi' p�,y for a11 hours worked in excess of � eight hours in any calendar d2,y ar in excess of forty hours in such workweek, as the case may be. j (2) Viol�tion; li.�^,b� l_i±,• :��r ��:-�=.i� wa; •� liauidated d es. In the , event of any vio]_�z�or. o� z�,e�c�au;T•�Set i'or'�h in subparagraph 1 , the Con- � tractor and any subcontra,ctor responsible therefor shall be liable to ar�y affected employee for ni� uiip�.id i:�;es. In addi.ti.on, such Contractor and sub- ; contractor shall be liable to •the �7nited S�ates (in the case of work done under contract for the District of Colum:nia or a territory, to such District � Hu�aos� I2-691 � � ' , � , � 6 or to such territory), for liquidated dama�es. Such liquidated damages shall be computed with respect to each individual labo.rer or mechanic employed in violation of the clause set forth in subparagraph (1) in the sum of $10•for each calendar day on which such employee was required or permitted to work in excess of eight hrnars or in excess of the st�.nd.ard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub- paragraph (1) . (3) Withholding for unpaid wa,ges ar,d lia�uida�ed da,m�es. HUD ma.y with- � hold or cause to be wi�hheld, fren ar�y moneys payable on account of work per- , formed by the Contr�.ctor or aubcor.�-ractor, suc:� sams �,s mn,y administrativeltiy be determined to be necessary to sa.tisf'y� arLy liapilities of such Contractor or subcontractox for unpaid wages and. liquidated da.m�,ges as provided in the clause � set fortYi in subparsgraph (2) . (�+) Subcon�Lr�,c�s. �l'11° �orl�rac�or sr.:�,�1 inscrt ir. any subcontracts the clauses set forth in subparagraphs (1), (2), t�r�d (3) of this paragraph and also { a clause requiring the subcontractors to inclu�e these clauses in ar�y lower tier subcontracts which they may enter into, toge-�her with a clause requiring this insertion in ar�y flirther subcontracts that.may in turn be ma.de. ,. -�-��.� � � HUD-70s1 �:-do, �ro-Na�,., o. c. 236133-P