255729 ' aR+a�Nwd,TO eirr c�eFeK ��V�2i�
� CITY OF ST. PAUL FIOENCIL NO.
•. ' OFFICE OF THE CITY CLERK
_ ...�COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE � ATF
RESOLVED„ Tha.t the Council of the City of Saint Paul does
hereby approve the Operating Agreement between the City, acting
through its Model Cities Department, and the Montessori Foundation
of Minnesota� Inc. , a copy of said Agreement being on file in the
office of the City Clerk; and be it
FURTHER RESOLVED� Tha.t the Ma.yor� 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 PPR V : •
Corp a i n �
SEP 16 1971
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Butler SEP 161971
,���,������ ve 19�
Levine
n Favor
Meredith ' Mayor
Sprafka �
Tedesco A 8ainst
Mr. President, McCarty SEP 1 S 197�
pUBLISHED
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AGRI� EMEri T
THIS AGR�1���:Iti'I'f Made: �n:i entered into this daST o.f
..�_e_._...
� 1°71, by ard. between the City of aint Pau]_, actin�
t1lrt�u�.; 1 �_t:s I.odel Citi.cs De�arttnent., �iereina{t�r rcferred �o as
"I�1od.��.�1 �iiies DeparLmeni�", and the Montessori Foundation ot
M:i.nnesora, Iric.
her_cinafte-r referrecl to as "Agency"; -
t>>T TNES SETI�: ,
t�?HER�%�S < 7'h� Mode1. Cii�i�s Departmcni� on the 2_3rd day of- A��:c_�7_,
1971, received a gran�. under the Unii=ed States ll�partrnent of
Hou.sind and �rban Developmer�t Demonstrarion City ar.�.c1 �f.�j,:r.opoli#�a�1
. Develapmei.t �ct of 1966, Title I, said grant dcsi_gn=,�ted as Grar:i:
No. NE-22-003� and .
WH�R�EiS y Pursuant to said g-rant, Model Citi_es llepartme;.�.t 3_s
un.der_ta�:ing cer.i�ain ac�L:ivities; and •
itiTHEREAS , The Mode1 Cities DeparLmen� desires to enga�e ��he
�ig�n��y i:a render certa:i..n assistancn :n slzch la.ndertar:z.n� pttr.;uant
i�o ar;ci in compliance with tne Grant No. ML•���•-003 s
NO'►�J 5 T`rlEi�EFORE, THE I�ZUD�L CITIES DEPAR'l��T�T A`rD THE I�G)���::,Y-DO
I�'IU i�?�LLY AGREE AS FCLLOGv'S :
A. Scope of Services : The Agency shal]_y j��ith�n t.h� Sur�.m:i.u•M
Un�.v�r.sity I�sodel Neighboxhoodj in a satisfact.or�T anc� prope�: rr�����a�r,
as determ�ned by �odei Cities Department and ta.ndei th� d�_reci.i�n
, a� t.}_e Mcdcl Cii�ies Departmer-�t, p?ri'oxm th�se �ct�va.tics set f�rtn.
i.n i:.11e attac1-:�d Part II �.nd shall perfo-rm the activii�ies witi:�i��
L-Le ti�nei:abte sei: forth in Part II .
]3. Fu .r.di��i�: (I) The Agenc�T shall corim�ence performarce �f
tn�..s contiac�on tne lst day of Jar.�u.ary , 19 71 s and
` sha7_1 compl_etc perforr�ance no later t �R�~a z i��e 3:Ist day of ��
December , 1�71 �
(2) It� is exp-ressly understood and agreed �:���zt i.rL
no even� �,7ill th� to�a1 arnouni� i�o be paici by i:he ��oflel
Ci1,:�_es DeZ�artmc�zt; to Llze p.gency t�ncic r this Agree7r��ni.
exceed tl-�e sum o� $ 28,000.00 for i��s11 aiid cor«plete
sat:i.sfact�ry perforir.�lice in a�ccrdance t,�:�tiz th� Uad�e�
attached i�o this t1�rectncnt. in Part ITy and in no ev�nt
sha?_1 exceed the amount af Fed�ial funds r�ceived by
Mod�]. Cit:�es Dc�partmei�.� from i:he Depa-rtme�nt of Housing
and L?rbail D�ve lopment (I�Ull} f ox f�hi s pro j cct pu�.su�nt
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to the Model Cities Departm�nt's Comprel.zensive rirst
Year Action Plan as apProvFd by �iUD.
(3) F1e�cibzlii� in Bud et: Agency shall make
expenditures accor ing to t e—Tine items as set, forth
in the attached Budget. All proposed amendments to the
Budget must be submii�ted to the Model Cii:ies Department,
for review.
a) Agency may amend the Budget line items without
Model Cities Department' s written approval unde-r
the following circurr�stances :
i) The revision of a lin� iLem does not con�
stitute a substantial change in program
objectives; and �
ii) The revision of a li�e item does not con-
stitute a change of more than 10% of the
line item or 5% of the total Budget.
b) Agency may amend the Budget as follows only upon the
przor written approval of the Model Cities Departmen.t` s
Direci:or; .
i) The revision does not constitute a substantial
change in pr�gram objectives, and the i:ransfer
ot one line item to another line i1�em does not
constitute a change of more than 15% of the
line item or 10% of the total approved Budget.
ii) The revision of a line item constitutes a
change of more than� l0% of the line item or
more than 5% oi the total Budget.
c) The following amendments require a Contract am�ndmznt
and wri.tten approval of the Model Neighborhood Planning
Council and the Saint. Paul City Council:
i) The proposed revision constitutes a substantial
change in the program objeci�ives, the scopc of
services set forth in this Agreement and/or
the c�7ork program; or
ii) Any changc �ahich W0111C� cause the total amount
of the Budget to be exceeded; or ,
iii) The transfer from one J_ine item to another line
item would constitute a change of more than 15%
of the line item or more than 10% of the toLa1
BudgeL.
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(iv) The changes in nhysical 7_ocation of approved
project �•,ould restrict tl�.e participation of
Model Neighborhood residents .
(4) Subject to the receipt of funds from the United
States Departmerlt of Housing and Urba1�. Development, the
Mode1 Cities D�partment shal.l make payment under this
Contract in the follo�,�ing manner:
The P.gency shall present to Model Cities Department
an itemized requisition Lor (monthl}T) (�a�t�d� reim--
bur_semeili�, in form approved by Model Cities Departm�nt and
the City Comptroller. Requisitions sha7_1 set forth the
disposition of amounts spent during the preceding (month)
(��) together with an estimate of expenses to be in-
curred during the next succeeding (moni�h) (�q�tx� , with
reference to expens� categories as set forth in the
attached Budget incorporated within Part II . Mo�el Cities
Departm�nt wi11 ma.ke pa}�nent i�o the Agency within 30 days
after receipt of the requisitions aftex having reviewed
and approved the requisition. Requisitions shall include
the following cai�egories:
(a) Personriel (wages, fringe benefits)
(b) Consultants
(c) Space rental ` •
(d) Travel �
(e) Consi�mable supplies
(f} Equipment-rental, lease
(g) Other costs . �
(5) The Agency shall ma.intain verification for alI ex-
pendi�ures including, but not limited to, time sheets,
invoices ar�d receipts, and shali keep and rei�ain such
documentation for the period of time that is required to
` ma.intain its records hereun.der,
(6) No r.equisitions shall be filled if, at the time it
is made, i�he Agency has more than 4% of the total Model
Cities Department funds a'llocated under this �greement on
deposit in its depository.
C. Independent Contractor: For the purpose of this AgreemenL,
the Agency shall be deemed to Ue an independent .contractor, and not
an employee of the City. Any and all employees of the Agency or
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or other persons, while engaged in the p�rformar.�.ce of any worlc or
services required by tl�e Agency under i�his t�greement, shall not
be considered employees of the City; and any aizd a.Il claims tha.t
ma.y or might ar_ise under the t>>orlcmen` s Compensati.on Act of
Minne�ota on behali' of said employees or other persons �ahile. so
enga.ged, hospitalization insurance coverages, Social Security and
pension payments and benefits, other employee obligai�ions and bene-
fits, and any and all claims ma.de by any third pa-rty as a conse-
quence of any act or omission on the part of the Agency, the
employees or other persons �,�hile so en�aged on any of the �aork or
servzces to be rendered, shall in no way be the obligation or
responsiUi_lity o� the City. The Agency shall pay as they become
due all just claims for work, tools, ma.chinery, ski11, materials,
insurance premiums, equipment and supplies furnished, rendered or
performed in the execution of this Ag-reement.
D. No Discriminai:ion: The Agency sha11 be deemed a contractor
_ for the app icatzon o -a? provisions hereof and la�as against un-�
lawful discrimination on account, o� race, creed, se�, age, or color
hereunder.
The Agency agrees ir� accor_dance ��aith Chapter 238, La.ws of th.e '
State of Minnesota for 1941,� that in the hzring of com�non or skilled
labor for �he performa.nce of any �,�ork under this Ccntract or any
subcontract hereunder, no contractor, material supplier, or venc�er
shall, by reason of race, creed or colorg discrimina:te against any
person �aho is a citizen of the United States who is qualified and
available to perform the work to ���hich such employrnent relates;
that no contractor, ma.terial supplier or vendor under this Contract
shall in any manner discrimina.te against, or intimidate, or prevent
the employment of any person, or on Ueinb hired, prevent, or con-
spire to prevent, any person �rom the pe-r.formance of work und�r
this Contract on account of race, creed or color; and i�hat t,his
Contraci� may be cancelled or terminated by th.e CitST, and all money
dv.e or to become due hereunder sha11 be forfeited �or a secand or
any subsequent violation of the terms or conditions of this Contract.
This Contract is subject to Title VI of the Civil Rights Act
of 1964 (P. L. 88-352, approved July 2, 1964) and the rules and
regula.tions (24 CFR, Subtitle A, Part 1) , issued by the Housing
and �Iome rinance Agency pursuant thereto.
E. Indemnificati_on: It is further agreed that the Agency
shall defen an save t e City of SainL Paul harmless from any ,
claims, dema.nds, actions or causes of acLion arising out of any
n�gli�ent act or out of any negligent omission on the part of the
Agency, its agents, servants, or emp]_oyees in tYie performance of or
with relation to any of the caork or servi_ces prov�ded to be per-
formed or furnished by the Agency under the terms of i�his t�,greement.
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F. Resident Em�l.oym�nt and Traini� Rr�c�uirements : Section
103(a) o -i�the DernonstraLlon Cities an �:tetr_opo _1t1T-azi Development
Act of 7_966 requires that a compreheizsive city demonstration pro-
gram provide "%� %; %� maaimum opportunities for employing residen�s
of the area in aIl phases of the pl,ogram and enlaxged opportunities
for work and tr_aining" and that it "%, %', %� make marked progress in
reducing %'� %� %', underemPloyment and enforced idleness %', %, %�."
� In i�he performa.nce of this Agreement, the Agency shall comPly
with a1]_ requir_ements of HUD pertaining t�o its general policy on
employment and training of Niodel Neighborhooa residents in all
jobs generated by this Agreement and tlie suUmission requirements
� for the implementation of this policy, as sei� forth in HUD Handboolc
MC 3160. 1, Model Cities Employment. and Training Requirements (CDA
Letter No. 1Z) .
Agency shall include these provisions dealing �aith Resident
Employment in all of its operating subcontracts .
Agency agrees i�o comply with the Employment and Trainzng �oals
set forth in the Saint Pau1 Nodel Cities Resident Employment and
Tra.ining P1an, as seL- forth in Part :CI h�reof. Wii�hin 10 days
after the execuLion of tliis Agreement, Agency sha11 sub:nit�or
ap�roval an empToyment plan together wi�h specific employment and
training goals for the implementai�io�i ot this policy. In the
execution of such plan the Agency must demonstrate ma.rk�d progress
toz��ard specific goals in each succeeding phase of thc progr_ame
Al1 positions generated by this project and Agreemeizt and a:ll
positions becoming vacant s1�.11 be filled by Agency by Model
Neighborhood residents . A11 such positions of employment shall be
Iisi�ed �aith th� I�:cde1 Neighborhood� Er�iployment CenLer. Only re-
ferral.s irom the Niodel Neighborhood Employmeni� Center sh.all be
accepted for emPloyment by the Agency. Agency sha11 not make any
exception to these pr.ovisions unless the Agency �_s �ranted a �aaiver
by the Model Cii:ies Special Review �oard. Tf the �Agency desires
such �aaiver, it sha11 make written request therefor to the Model
Cities Special Review Board and sha11 set for�h the fotlowing
znformation:
1. Reasons for the need to deviate from the resident
employment requirement.
2. Reconunendation and alternatives as to hot,a such
positions should be filled. .
Upon enL-ering into i:his Agreement, Agency �hall submit, in
� writing, a listing of available jol�s with a job description and
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salary range for each position. E�ch joU description sha11 contain
a definition of the position, exampl�s of duties and minimum qu.a1-
ifications for the position. Job descriptions are suUject to
revie�a and approval of the Model_ Cities D�partment.
Within thirty (30) days after execU.tiozz o� this Agreement,
t�gency shall develop for review and a.pproval a specific prograra to
t�pgrade eligiblee potential and interestcd employees in each para-
professional job classifi.ca_tion. This upgrading sha.11 be des�_gned
to lead to �reater responsibility oL i�u11 pz-of_essioi���l status, and
those employees so upgr�.ded shall Ue retained in professional leval
positions as such positions become avai7_ablc i�hrough �taf� turn-
over, expansion or new Program d�v.elopmei�t. The i�raini.ng proeedures
. t�ill be designed to remove identified imPediments to hiring and
upgrading of disadvantaged Model Heighborhood r_esid�nts and provide
them with occupational mobility through seniority, interagency
transfer agreements, civi? service si�atus9 union membership or
other prerequisii�es to such mobility. Ag�nc}j sha11 show ho�a it
plans to remove or ease significar�t merit system impedimenLs t�
the employment of disadvantaged Model Neighborhood residents in
such related jobs . __
l�gency shal7. designate a si�aff inember as Training and Develo�-
ment Officer to be responsible foa: development of training prog-rams
an.d employability deveJ_opment plans �'or all employe.es . An �mploy-
ability lleveiopment Plaiz in writing sha11 be developer� with each
employee using behaviorally defined objecti�Tes . With_�n thirty (30}
days after execution of this Agreements 1�gencST shall submit to the
Model Cities Department grievance procedures to be fo7_lowed by the
Agency and available to its employees .
G. Terms and Conditions : Agency shall be subject to and
sha11 comply witfi�l�erms and conditions as set forf�h in the
attached Part II.
Agency shall include similar terms and conditions in al1 of-
its contracts with other agencies in the performance af th�..s
Agreement. .
H. Sup�l�c,mentary Conditions : Tlzis Agreement incorporates
the "Mode��iti�s Adrn:�nistra� t o Supplementary Conditions for
Contracts with Operating Agencies and Contraci�ors", HUD--7050 (2-69)
wizich is part of the attachecl Part II . [,nzen the term "City" is
u.sed thereins it shall mean "Mode7_ Cities Department". The .
Supplementary Ge�.ieraZ Conditions sYia11 be inco.rporat�d in al1 con-
tracts Letween Agency and i.ts contractors . �.
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I . Administrative Labor St��nciards e 7'his Agreement i_ncorpor-
ates the M�oc�el Gities �Adm ris�t�i-ai�i�on Labor Standards Provision"
- HUD�7051 (2-69) , which is par.t of the attached Part II . j�There
the term "City" is �u.sed therein, it shall mean "Model Cities
Departmeni�"s and �,�here the zerm "Contractor" apPears ther.einy it
shall mean "Agency" . These L:-abor Standards shall be incorporated
in a1� contracts betw�en the Agency and its contractors .
J . Recoxds� Re�orts and Intormat�_on: The Agency shali be .
responsib�e -_�'or�t -� maixiLenance o-i�'recor�s and accounts, inclizding
property, pe-rsonnel and financial r�cor_ds adequate to ass-u.re a
proper accountzng for all project funds, liederal and/or non-
Federal. These records will Ue' made available for �.udit to r_epre-
sentatives of the Model C�ties Department, the United States
. Department of Housing and Urban Developments the Co:nptroller Gen�
eral oi the United Stai�es or any authorize3 representatives of any
or a11 of these a�encies, and wi11 be retaa_ned for_ three years
after the expiration of this Contract unless writte� pernissio�� is
givei-� for �heir� destruct;ion by Model Cities DeparL-m��nt and the
Secretary of the United States D�partm��t o� EiousirLg an3 Urbai�.
Uev�lopm�nt.
Agency shall furnish such statementss -records, reports an�
information as is called for in the Mode1 Cit�_es Departme_nt data
repor�ing �ackage, Wi11GY1 is incorporated herein by referenc� a.nd
ma.de a part hereof, and s��sc?� other_ forms as tn��y from i.im� to �.ime
be required ot the Agency by the D,�Partm�ent of Housing a:nd Urban
Develapme��t and/or Mode1 Cities Depa_ri�ment.
K. The Agency shall provid.e information to the �Zodel Cities
D�partm�nt for purposes of evaluation and conti�ua�is plann:ing
° purst�ar.�.t= to a monthly r�port:ing system. Th.is reporting system
sha.11 include:
Ia Output Measure Report (monthly) -
b Output Measure Report Narrative Report (monthly)
c Agency Statement (monthly) -
- d Participant Beneficiaries� Report (monthly)
e Project Worlc Program (monthly)
f Budget and Output Measure I'orecasts (monthly).
g Nar-rative Report (monthly)
L, taark Pro��_x_a__m_: Within one rnonth following i:he exec-ution
of i:his A�reemer.t=�-tIie Ag�ncy shall submii� to the Model Cities
Department, for its app�_ova1, a Worlc P�ogram setting f:orth how the
' Agency will implemenL th� scope c�� servzces as set forth in this
Agreement, and inc ludir�� th� f o 11o�vin�:
(a) Job Description for each staff posii:ion
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b Timetable for hiring staff
c Detailed description of the tasks to be undertaken
d Methods by which the successful completion of these
tasks wi11- b� achieved
(e) Timetable for such completion.
M. Previ.ous A¢reement Superseded: Tt is hereby agreed be-
tween the�ity an _gency t at t is greement and the terms and
conditions contained herein sha11 supersede and replace that
certain Agreement between the City and the Ramsey County Welfare
Board, said previous Agreement pertaining to the operation of the
Saint Pau1 Montessori Pre-School Day Care Program.- for a period
of ninety (90) days commencing January 1, 1971, and termina.ting
March 31, 1972; the said previous Agreement also contemplating
the execution of a subsequent Agreement between the City and the
� Agency. Payments ma.de Uy the City, pursua.nt to the previous
three-manth Agreement, coxistitute the performance of the Scope of
Services by the Agency during the said three-�month period and being
coincident with _the Term, Budget and Scope of Services contained
in this Agreement.
IN WITNESS WHEREOF; The parties ha.ve caused this Agreement
to be executed the day and year first above written.
CITY OF SAINT PAUL
Approved as to Form: MODEL CITIES DEPARTMENT
By:
pecia Assistant yoz•
Corporation Counsel
Approved as to Form & Execution: lrector
pecia ssistant ity er
Corporation Counse"1
ity omptro �r
In the Presence of: MONTESSORI FOUNDATION OF MINNESOTA� :CD
gy.
.
Its President
Tts Executive �7ice Presideni:
Approved by Council Resolution
C. F. No.
Dated
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MODET CITIES DEPA_R'�MFVT OPERATING AGREEMENT
PART II.° A.
SCOPE OF SERVICES
1. �I'ur o_s_ eTand O��ectives . The Administering Agency shall
perform t ervices set �or�tTz-in this Scope of Services to achieve
the following purposes and objectives of this project.
A. To provide a qu.ality education experience and day
care for sixty children in the Model Neighborhood.
B. To provide day-care services for Model Neighborhood
mothers .
C. To increase opportunities which will enhance educa-
tiona.l and social development of Model Neighborhood
children.
D. To provide an education program offered by trained .
teachers using the Montessori Method. .
E. To provide each cliild use of educational ma.terials
that fit his level of development.
F. To provide each child bre�.kfast lunch (considering �
ethnic and religious attributes� and a brief health
check daily.
G. To provide the Mode1 Cities Department with reports
to evaluate pre-school programs funded by Model
Cities in the Second Action Year.
2. Content and 0 eration. The major activities to be under-�
taken are t�e�oT' owing: —
. A. Recruit and employ staff; .
(1) Professional
(2) Aides
B. Development of education program
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C. Select students (60) from the Model Cities Neighborhood
D. Administer Program using Montessori Method.
Scope of Services -2-
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- PART II – B
BUDGET �' �
NOi'E: These forms are intended to illustrate the farmat for the standard T;odel
Cities Oper.azing Agency E3udgeto Additional iter.:s a�ior.opriate to yaur project
should. be added to the Cost Cate�ory sh�:ete Inappropriate items should b:: deleteda
PRUGh�I�i ADi�ITNISTRATIOPd BUDGET •
1 e f"NAI✓E Or AG�'�:CY ~S�. Faul Montessori School/Day Care Cen.tei
2e BUDGET
�^'^ �lo COaT CA'T'�GORY , Bo ESTIi�.ATED COST FOk
YEAR OF PROGRAP•.
.�..__. ... _ -- • _ ._._ . . _ � _._ . . _ _ _ _. _�_ . . _ _._..� . .--._._�_ _- -- __ . . __.-- ...__ . _ ..�__�_._ _
� �_� , �ode1 Cities I�ocal Total
(1J Personnel Sa_laries �
. Em lo �� B�.n..fits � �9,535•43 ��+,29�+d97 �3,�3��� .
pY=, �, �
�__ __....____.-_ ---___.__ �.�__.._.� -- -._.__- • -_....,- - ---_.� . _.___.__�._,._�_,� �_��_.__._._.�-__.___ �___.___._ ._ . _____
(2) Consultants and Contract Services 3,z85•60 10,814s40 1�,100e00
(3) 'Travel --- ___.a _._.� _ _ ___ . ___ _.__ . .-_._��.__,..�,__ ..__ _1'�6�.21_ '4,831.79 6,300.00
�
_. .__�____�..__..__...._..._._._.� _...___..,.._ a_._...._� . _______.�_ - --- ��._ _..��_ _._ .�__�-�- - -�... � -
�, .�4)_ space �_.,..__.. __.___.. _.__._ __-- --- . _. _�. _____-----.�. ___ �2��93�5$-- _8'864.42 1�,558.oU
� (5) Consumable Supilies and Services 5�2•67 W �,687.33 2,200.00
. .. _.__.��_ _._____ .__._�___..__._ ___--. .._ .. . ._.. �r_ a
(6) Renta7_, I,ease, or Purchase of Equipment • 1 504.5'I 1,660.49 ?_,165.00
' ..__._._._____�.__��.__ . _ _ ....._._ ..___ ___-- - -.. - �___. ._.. _...�_:__ �...._._�._.�_ � . _ .__�_._... _.__..__�.- - -.... _.___
('7) Other C
. � _ _.. . _ s___ _�._ ._-_.�...
.__ _.__�..._..__.__ -_- -.._. . _._ __._ . ._ - - - . ..�. . ______ ._. ._.�_.. �_ ._- �- - --- �___
..... ______.._._.. ___.. _ •.-- _-__. . _ . _ _._ __.. . _ . ._ . _.__ .._-- - �----- -. _._._ ._...___ _�_. �___ _.�_ . �. _.. .. _ .
_ . .. _ . . _ . . . . . . _. . . _ . � .. . . . __ . ._. . . . . �_ _ �. _ , _ . _�.. _.__. . . .
.�.....__.___.___.__ _._ . - .. - . _ • TOTAL j 28,00O.O�J g2,153.40 1?_0,1�3.1+0
'Co _ .'-Alodel Ci'tic s Suppl�mental Flznds . . "-:.: - - ' '�,28,OOO.pO __ � . _._ _ . __ . �.. _--=-
__ . _�.____-._.. .._ . ..._._ . . . . _ . . . , . _ . _ . __ _.._ . .. ._. . � . _2-- - --� - ...�._. . _ ...__._ ..__ __. . _ . _. _. _
Do o-�hcr E 9z,�53•l+0
::_°`-:�-_ - -_�_��-: . = . _ : : . " : : .: .. - . . . _ . . `� : _- �_: : :'�" � :.�� :':: :_-:._..:�':".".".-, . -`� - =- - --� e
�
� . .
BUDGET I,INE (1)
Personncl
Tit1e of Position Salar�
1 Administra.tor . 119000
2 Teacher� 18,000
8 Aade�/Interns 44�000
1 Ce+ok 5,200
78nz00000
Salaries
FICA ��,066,40�
Employees B�rit?�1tS •
Workmeri° s Comper.sa�ion 391.00
Health Insura.nce 1,1�3.00
�3:�3G.40
+ .
BUDGET LINE (2)
Consultan{; and Contract Services
Accounting and Secre�arial 6,000
Administration 3,600
, Trainingr Conferences, SchoolU
Seminars 1,200
Staffa Parent Education 1,200 �
Montessori Intern Program 1,200
Frogr�.m Supervision �o�
• 14,100
: � .
BUDGET LIPdE (�)
Travel
Staff Travel
Conference and Me ting Expens�
� .
Employee Mileag� Reimbursement (wo075 per mile) �0 0�00
Transportation of children 6�000.00
6:300000
� ' . . �
.I
BUDGET LINE (4)
Space
Rental of Office Space ��800.00
Utilities
Telephone �58 0 00
Building Repair f 00 0 00
Janitorial Service �,nd bus dY'l.Ving 5�400000
Maintenance Supplies and Equipment 300•00
11�558.00
.< < -
�UDf��T �N� �5) ' ,
Con�m�L�.e Su li�� �nd &arvi�ers - ' " : . �
Office Supglie� and MM�..ncell�neous �480.C'0. .
Pos�:age . . . 480.00 - •
�sia�onanGe rind Re�a.iz' og Off�.oe Equipnen� . _ .
. Px�atnting, Duplicatir�, and _Ba-nding . . -. . -� �
Bs?Qks and Publication� . . - _
� Program supplies __ . 660.00
Ref�rence materials 600E00
, ._ ,. 2 p 220.00 ..
�:' � .
BliDGET LII�?E (6)
Rcntal,_Lease or Purchase of _�uipment
Typewriters 150 0 00
File Cabinets
�814s a�s� Office Chairs 215.00
l�,o�tessor•i r,►aterials 1,800.00
� 2,165.00
PART II - C
�
�Z�1.� �!�'���7,'.' .`�l..'� ni_:�.1 l.��i::l_,r.L-�1 7l:T �', _u�U-.'�..�.: r��4T.�.rr'��.�r:J
i�on}.e,.sori D�y C�,e Cen�.er
�`COT.?° O�� �I1E: cP1'Z-_i.C:'S
Ta �:��°oviae d.ti;;r c4,��, �;nd r•e1�:�;eci se.°�:�cc�s -to ci_;,_d.�°cri ?,,ho r�.n"e in
G�•e frq�l t��o ..:a o:���: r::�_�: -�o �`�> ,y� �rc, of � „e �� a pA•o�;r,�?,�. o���.r��.t;eci
b� the i;on::.,,;o�°i H oun��:�:icn. o:f i°in�_�;.so�G. y
The �.LOl"02C�1 ll��Ci I.i7 T'c�b1'Ci tG ��'�' 15 f:0 S'���I'"� t'd::'�:711� Ti:(.�'il �'i,ha
C'i11�.CiI'�'I1 OT2 t�1Y'O��:fiE;1'''i, �1r1':.� i:0 CO:'i1;�;'.11E"'. 'l'.rl° ::E-;2`V'!CE U?1':..`i�_ `t?7'.?� ��C
r`��r�� to ei;�e�� eler�icn-car�T schoo:l. or ux:tiJ_ t��e_r° pGrerzts re:r�iove
the;� fron� tl�:: pro:�r�:m. -
Pro�r��rn C'i�,�ect-�_ti�s
��� `i'O I�i'0�13.C:E3 dLtc::1.1'[,�' G�.11C_1i:1.OT1£i l. 8}'p�l'ZE'IiC�; �Tl,�. C:�� C_12=c; '�p.'.'
si<:ty ch�_1d.ren zri tk!e ?•�iooel I�'°?�=;hborl�ooci�
�2� `_�.'U �I'OV_iC12 uClt7`?'i�011c1 da�% ca:r�F: s�Y'V7_CE' {'O;r' _"�OC'�� :'s'�L`r�rOl'�'i.Oc.�
712Jt:Y).�T'So
(3) To pr��vide op��o��ttLiit;:i;s z,�:zcb. z:i11 enl;�i.nc:: beth �the �ducaticn�tl
�nd soc:�<.1 dcvelo��rnen� of thc speciiied. nt_�r,ber� nf ;;od�1 :�'eigh��o?°-
hooc�. c�?�_;!_c.z�en.
(�) To be respor�sible for t.h� e�ucatzonal pro��:�m oi�erea l.�y t1_�e
te«cb�rs traine� in tk�e ;':ontc.,�,so.-i ��eti?od.
(5) ''o �;rov�_c�� eecl� chil.d ir� tre prof�ram tl�c opportun;,-,y �to use
educat�_on<zJ_ ma�ceri�:ls i,h.;t "re �c�rec� t o h�_s in�iti i�u��l 1eve1
of detle�et.;n�ent.
(6) ';'o sexve the ch��l��;°en brc,�.l.�'�.s�t, lur?ch, �.x:� tzro �r�.:_r,'�s dur•zng •
ti�c_ i?o�!�'s in �i�;i,e�?c?:�ilcc.
(7) `.�'a in�;c'�4-e r,�.i:�e�n�i;� (,ii� �.n ��d.z�; so?��T Cc'�<':C:1.':.`yr) :�,. �t,r�e overall
opei•�:i�,ion af t:�iE�: ��;r•o�r�xn,
T-r�-., mr,.�1. , t _ � .CCC'::. I1 'F;�?:,'; '_'�'ac�:
UF;J;rC;."I J;L I� .'�.."-. �'C�?.,LO"�::".
,7yn f
�e�,t, -�r �c,j0. a . . e . . .�,i.rs;. �t.aif m��ber•� hir�`?,
Aiove;r�b�r 1a70. . . . .o .. .?'i,r�,± chi_lcrer ar:m`..t1ea to �h.,� pro{~r�mo
�'or��,u�_<-ti_on o.� tncs ��i°ent ."-_dvisor.ST Fa�rc'.
L`ecember Zg7o. . .. . . � ..r._r'.`it=on�1 c��i'lcren er.ro�led in the pro�:r�m.
J�nuar� ;1, 1y71.. . . . . .`�ix�.v child.ren �n��oll�d zr� the pro�ra�i l,total
enrcll:-�ent) . Rerr�=inder c�j` �t�,i f inern�ers hired.
Jan. to Au�;ust 7_971� , .I^i�;7�^�ni;ation ��f the T�`ont,essori D�y C�r•P �ro�ram
us ci��cribec. The pro`7°arn enrollmr-,nt has rema��ned r
-rala�;�:el� stabl.e. �ach v-�canc}r ha� be�r� .f.i11e:^
. wit.��3n a sror•t time form tl��� tiauiting list.
'�ac?�� r:�il_d haG hi� o�m developm�ntr�_ learning
p^Cc:^. `1'}l� i"•2'�)�'r::m �g lY::`i;_,'�.!A:iS�:.7,._;'y bc:SE':t.
pr-�1,«:ri1y otl ��1.`_'. SL'c2'-ti�� point of ear_h chi.1.�3,
titi�l�c '��:���� pro�a��ss�ti at zl�e z ate wi�li i��hic'rr he
.fee?.s mo�t; co�far�tab�_eo
S°ptember 1>71. . . . .. . ..�dv�_cory� BoUr•d I�i2et?n�;.
In�t�.�tion of a :�:ontessori Tr•a�nin� Pr-o�rn*� for•
Te�cl�in� Assist�:nts. Con.t�.nu�nce of the
i�TOnt��sori ra;�* Car� pro�A:::� for 'chn children.
Octobe:• to Dec�mb�r.. .�.d��t.:�o��y L�o�r� '�fee�.irits
C�tZL_n'��G.nce cf th� '�'ontessori Day Car� �rogra1n
for tre chilnren.
Decemh�r 1071. . oa . . . ,.In--e�rvice traini.na for the staff.
' .
A GFfdERHL DESCR I PT I Of��d QF THE FiJLL DAY AT Ti-IE CENTER: �
7:00 -ho 9:00 a.m. Receiving the children. Free play. Physical checkup by �tatf.
8:00 to 8:30 a.m. Breaktast-for those who cannot eat at hom� conveni�ntly.
10:30 a.m. Snack
9:00 - 12:00 noor� h9ontessori classroom experierice. .
This is the heart of the day, wii�h very special apparatus
and ma�i�er i a i s des i gr,ed by f�iar i� f��ivn1-essor i (and thousands
- of chifdrer) . They are specially made 1�o intcrest a chiid,
and to be self-educatiny and self-corree�ing. These
pieces of equi�ment are feeding the various parts of the
child's rapidly gra���r�ing body and mind that vitally need
nour i shraent, At var i ous stages o7` gr�ovrth, i�he ch i i d become�
sensitis�� ta learning through his different senses that
require thirigs to do and wo�-k wi�h that might be missed
in the home or elsewhere. These sensitive periods for
learning ��ever occur again.
Sometime before Outdoor a��lk, 1-ot lot➢ indoor gym-type act;��-ry.
!�.:nch Th i s i s 'the t i me for deve I opment gr�oup o I ay, fas� mov i ng
games, and phys i ca I educat ion for I arc�e muscu I ar deve i opr;er��i-.
12:00 to I :00 pem. Hot lunch.
Quiet tima (si�or-ies, gooc� ���usic, fish vra�-ching, e�t�c. )
in preparation for napping.
Som�time during 7eacher• aide conducts a developing learning readines::�
the afternoon program. It is designed to develop the motor, tacti !e
(touch> and v i sua I po�•rers of the body, ;�rh i ch have so
much to do u�ith the mind's learniny ability�
3:00 `I-c 3: 15 p,m. Snack
I :00 to 3:00 p.m. Nap tirr;e and/or ol�her activities
3:00 to 6:00 p.m. • Pro,;ect activities. This part of the day provides a �
perfect balance to the �fontessori classroom experience
of the r�orn i ng. The af i�e rr.00n p ro,;��cts, vr i th i i�s ma��e r i a!s
and equipm4nt, are on a cfo-it-sel� basis as in 1-he
morn i ng. Bu+y th� ffia-fE�r i a l s arid equ i pment cari be us�d
i n any r���mber ofi ways ac�ord i n� to 1-he �-p�c i a l i nterest,
cr�afivity �nd �pontaneity of 1�he child.
MODEL CITTES DEPART"MENT OPERATING AGREEMENT
PART II - D
TERMS AND CONDITIONS
l. Termina.tion of Contracte (a) If the United States
Department o Housing an Ur an DeveZopment should susp�nd or
terminate its Grant Agreement for the Comprehensive City Demon-
stration Program with the City of Saint P�.u1g this Agreement m3.y
be terminated by the Model Cities Department; or if, for az�y
cause not the direct result of Model Cities Department actzons,
the Agency sha11 fail to fulfill in timely and proper ma.nner its
obli�ations under this Agreement, or if the Agency shall violate
an1= of the covenants, agreements or stipulations of this Agreement,
the Model Cities Department shall thereupon have the right to
terminate this Agreement by giving written notice to the Agency of
such termination and specifying the effective date thereof, except
as ma}= be otherwise provided in Notice of Suspension or Termina.tion
received by the Model Cities Department from HUD. The notice
given to the Agency sha.11 be provided at least thirty days prior to
the effective date of such termination. In such event, all fin-
ished or unfinished documents, data, studies and reports prepared
by the Agency under this Agreement, shall at the option of the Mode1
Cities Department 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, tha.t if the Model Cities Department
shall exercise its right herein given to termina.te this Agreement
for cause, it shall nonetheless reimburse the Agency for ail 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 sha11 not be construed to relieve the Agency of its lia-
bility, if any, to the Model Cities Department for_ dama.ges for
br.each of contract.
(c) Either the Model. Cities Department, with the consent of
the Model Neighborhood Planning Council, or the Agency ma.y 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, shall at the option of the Model
Cities Department become its property, and the Agency shall be
entitled to receive compensation for work performed satisfactorily
to the date of termina�ion of the Agreement only:
(Terms and Conditionsj 1.
,.�-°
(d) Notwithstanding the above, the Agency shall not be
relieved of liability to the Model Cities Depar'tment for damages
sustained by the Model Cities D��partment by virtue of any breach
of this Agreement by the Agency, and Mode1 Cities Department may
withhold any payments to the Agency for the purpose of setoff
until such time as the exact amount of damages due the Model
Cities Department from L-he A�;ency is determined. .
3. ChanQes . - T'ze Model Cities Department may, from iime to
time, req�uest�anges in the scope of the services of the Agency
to be perform.ed hereunder. Such changes, which are mutually agreed
uPon by and "between the Model Cities Department a�d the Agency,
shal]_ be incorporated in written amendments to this A�reement. The
Agency may not deviate in any respect from the scope of services
delineated without the written consent of the Model Cities
Department. r
The Agency'�shall assist the Mode1 Cities Depar�ment and the
Policy Board in reviewing and revising these purposes an.d objectives
in light of the experience from the activities of the project for
the �.uration of this Agreeme�t. Such assistance sha.11 include, but
noL be limited to, cooperating in the monitoring and evaluatzo?z
activities of the Model Cities Department, participating in the
continuing planning activities o.f the Mode1 Cities Department ai�d
generally providing advice and counsel. '
The Agency and the Model Cities Depar�ment may revise, amend,
and/or add �o the purposes and objectives �y clazifying langua.ge
and/or by quantifying a�y or all of the purposes and objectives .
Any such revisio�s and amendments shall be in the form of amend-
ments to this Agreement.
4. Personnel . (a) The Agency represents that it has, or
will secure at its own expense, all personnel required in perform�
ing the services under this 4greeme�n.t. Such personnel sha.11 not
be e�nployees of o� i-ia.ve any contractua.l relations:�ip with the
Model Cities Department.
(b) All of the se.rvices required hereunder shall be per-
fonned by the A�ency or under �he supervisio� of the Agency, and
a11 perso�nel engaged in the wor'�. shall be fully qualified and
shall be authorized or permitted to perforrn such services a.n
accordance with applicable Federal, State and local laws .
(Terms and Conditions) 2.
_�....----�..--
(c) None of the work or services covered by this Agreement
sha.11 be subcontracted without the prior written approval of the
Model Cities Department. Any work or services subcontracted here-
under shall be specified by written contract or agreement a�d
s�ll be subject to each provision of this Agreement.
5. Anti-Kickback Rules . Salaries of architects, draftsmen,
technical engineers, and technicians performing work under this
Agreemen� s.zall be paid unconditio�ally a�d not less often than
once a month without deduction or rebate on any account except
only such payroll deductions as are ma.ndatory by law or permitted
by the applic�.ble regulations issued by the Secretary of La.bor
pursua.nt to �he "Anti-Kickback Act" of June 13, 1934 (48 Stat.
948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C. , section 874;
and title 40 U.S.C. , section 276c) . The Agency slzall comply with
all applicable "Anti-Kickback" regulations and shall insert
appropriate provisions in all subcontracts covering work under
this Agreement to insure compliance by subco�tractors with such
regulations, and sha.11 be responsible for the submission of affi-
davits required of subcontractors thereunder except as the Secretary
of Labor may specifically provide for variations of or exemptions
from the requirements thereof.
6. �Pro� e��ct�Coordina.tion. The Agency, by its designee, shall
pa.rticipate wit�i-tTe�lo�ities Department in regular meetings
for the purpose of coordina.ting efforts and continuing the planning
of the prograrn.
The Agency sha.11 es�ablish 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 atzon. (a) The Operating Agency shall
coopera'te wit t e o e ities Department in informing tlze 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 meetings of
the appropriate Task Forces upon the request of the Model Cities
Depar'tment.
8. Reduction of Services. In the event the Agency fails to
fulfill t e terms aa con itio:�s of this Agreement in a satis-
factory m�.nner as determined by the Model Cities Depar�ment, 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 ma.nner which reflects such reduction or
diminution.
9. Assi na.bilit . The Agency sha.11 not assign any interest
in this Agreement an shall not transfer any interest in the same
(whether by assignment or novation) without the prior written
consent of the Model Cities Department- thereto.
10. Subcontract and Other Agreements . The Agency sha.11 not
subcontract any portion of the services to be provided hereunder
without the prior written eonsent of the Model Cities Department.
All consultants' contracts sha.11 be ,approved by the Model Cities :
Department prior to the execution of any Agreement thereto. Any
purchase of real estate shall also receive prior approval of the
Model Cities Department. The Agency further agrees tha.t prior to
the execution of any contract or other legal instrument concerning
the services to be provided hereunder, it wi11 submit said con- �
tract to the Model Cities Department for its prior written approval.
11. Restrictions on Disbursements. No money under this
Agreement sha.11 be disbursed by the Agency to any contractor except
pursua.nt to a written contract which incorporates all Supplemental
General Conditions to this Contract and unless the Agency agrees
to eompliance with HUD requirements with regard to accounting and
fiscal matters to the extent that `they are applicable.
12. Failure of Internal S stems. The Agency further agrees
that shoul its au it, reports, or internal system of control prove
to be inadequa.te 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 interna.l fiscal control.
The Model Cities Department shall ha.ve the right to place its per-
sonnelt 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 tha,t at such time when the system
or systems conform to satisfactory practices, it will return jur-
isdiction and control to the Agency.
13. 0 eratin Procedures . The Model Cities Department re-
serves the rig t 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 use y t e gency to fulfill
(Terms and Conditions) 4.
. � ' , . .
__ ...�--''. ...
� , .
the obligations under this Agreement shall identify the City of
Saix�t Paul Model Cities Department as a sponsor of the activity
in a ma.nner to be approved by the Mode1 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 Saint 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 Relocation. The Agency shall immedi-
ately noti�y t e o e ities epartment and its Relocation
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 that the Model Cities Department
and the relocation office can provide relocation assistance pay-
ments. If relocation of displacees is infeasible, the Model
Cities Department ma.y direct the termination of the activities
causing further displacement.
16. Ma.intena.nce 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 ma.de available under this Agreement
be used to pay for activities already �being provided by the Agency
in the Model Neighborhood.
The Model Gities Department ma.y 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 services and the spending of funds in
the Model Neighborhood.
I7. 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 discrimina.te against any employee or
applicant for employment because of race, creed, color, sex, age or
na.tional origin. The Agency will take affirmative action to en-
sure that apglicants 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 shall include, but not be
limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or ter-
mina.tion; 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 fo-rth the provisions of this nondiscrimination
clause.
(b) � The Agency wi11, in all solicitations or advertisements
for employees placed by or on behalf of the Agency, state tha.t
all qualified applicants will receive consideration for employment
without regard to race, creed, sex, age, color, or nationa.l 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 that the foregoing provisions shall not apply to contracts
or subcontracts for standard commercial supplies or raw materials.
18. Discrimination Because of Certain Labor Ma.tters. 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 ha.s 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 La.ws. The Agency shall comply
with all app ica e aws, or inances, and codes of the state and
local governments, and shall commit no trespass 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 caxrying out of the project to which this Agreement pertains,
shall ha.ve 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
situa.ted, 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.
pertains, sha.11 ha.ve any personal interest, direct or indirect,
in this Agreement.
22. Interest of Certain Federal Officials . No member of or
Delegate to t e Congress o t e Unite States, and no Resident
Commissioner, sha.11 Ue admitted to any 5hare or part of this
Agreement or to any benefi� to arise herefrom.
23. Interest of A enc . The Agency cavenants tha.t it pres-
ently has no lnterest 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 oi' its services hereunder. The
Agency further covenants tha.t in the performance of this Agreement
no person ha.ving any such interest sha11 be employed.
24. Findin s Confidential. All of the reports, informa.tion,
data, etc. , prepare � or ass�ed by the Agency under this Agree-
ment are confidential, and the Agency agrees that they shall not
be ma.de available to any individual or organization without the
prior ��ritten approval o�f the Model Cities Department.
25 . Purchase of l�Tonexpendable 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 project or activity all nonexpendable property
acquired 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
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
like items such as chairs with an aggregate cost_ in excess of
�100 shall also be controlled and accounted for as nonexpendable
�roperty even though the cost of a single item is less than
100. The record shall include (a) description of the item of
property including model and seri.al number if applicable , (b)
da�te of acquisition, (c) the acquisition cost or assigned
value to the program, and (d) the source of funds expendec� for.
the acquisition of proper. ty ( i . e . , agency funds or Model Cities
funds ) . It shall also include information as to whet}ier the
item of_ property was new or used at the time of acquisition.
The aggregate of the individual costs shown on the record cards
shall equal the balance in the subsidiar.y costs account for non-
expendable property. The fiscal inventory stiall be taken and .
reconciled with the record card annually.
(Terms and Conditions) 7.
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U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT `
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MODEL CITIES �;DMINISTRATION
SUPPLEP�NTA�Y GEIV'ERAL CONDITIONS
FOR CONTRACTS WITFi OPERATING AGET3CIES AND CONTRACTORS�
.
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The following conditions take precedence over any conflicting conditions �
in the Contract: ,
�.
�EC. l. Restriction on Disburser�ents. -- IJo money under this Contract �
shall be disbursed by the Agency i;o any contractor except pursuant to a written '
c.ontract whzch incorporates the applicable. Supplementary General Conditions i
and unless the contractor is in compliance �tith HUD requirements with �egard �
to accounting and fiscal matters, to the extent they are applicable� �
SEC. 100. Definitions. -- As used in this Con�ract: .
�
. (A) Agency means an entity, whether public or private, which has �the
responsibility for ad,ministering a project or activity. �
(B� Area means the model neighborhood designated in the Progra.m. +
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(C) Contractor means an entity, other than an Agency (except as noted
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.
��
. (�) Program means the Comprehensive Demonstration Program approved by •
IiUD as the same may from time to time be amended.
SEC. 101. Records. -- -
(A) EstablisY�ment and Maintenance of 'Records. -- Records shall be main- i
tained in accordance with requirements prescribed by HUD or the City with �
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
after xeceipt of the final payment under this Contract. .�
(B) llocumentation of Costs. -- All costs shall be supported by properly
executed payrolls, time records, invoices, contracts, or vouchers, or other
official documentation evidencing in proper detail the na,ture and propriety of
the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or
other accounting documents pertaining in whole or in part to this Contract
shall be clearly identified and readily accessible.
* The conditions must be incorporated in (1) City contra,cts with operating
agencies, (2) City contracts with contractors, (3) Operating agency con-
tracts with contractors. �
*� The bracketed material should be deleted in contracts with contractors.
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SEC. 102. Reports and Information. -- At such times and in such forms
as AUD or the City may require, there shall be fla.rnished to HUD or the City
such statements, records, reports, data and information, as HUD or the City
may request pertaining to matters covered by this Contract.
SEC. 103. Audits and Inspections. -- At any time during normal business
hours a.nd as often as the City, HU�D and�or the Comptroller General of the
United States may deem necessary, there shall oe macte available to the City,
HUD and�or representatives of the Comptroller General for exaxnination all of
its records with respect to all matters covered by this Con.tract and will •
permit the City, HUD and�or representatives of the Comptroller General to audit, �
examine and make excerpts or transcripts from such records, and to ma.ke audits
of all contracts, invoices, ma,terials, payrolls, records of personnel, conditions
of employment and other data relating to all matters covered by this Contract.
SEC. 104. HUD Requirements. -- Uneaxned payments under this Contract ma,y
be suspended or terminated upon refusal to accept any a.dditional conditions
�that may be imposed by HUD at any time; or if �he grant to the City under Title
I of�the Demonstration Cities and Metropolitan Development Act or 1966 is sus-
pended or terminated.
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SEC. 105. Conflict of Interest. --
(A} Interest of i�7embers of City. -- No officer, employee, or a,gent of
the City who exercises any flznctions ox xesponsibilities in connection with
the planning and carrying out of the Progra.m, or any other person who exer-
cises ar�y ft�nctions or responsibilities in connection with the Progra.m, shall
have ar�y personal financial interest, direct or indirect, in this Contract; ••
and the Agency shall take appropriate steps to assure compliance.
(B) �The Agency agrees that it will incorporat�e into every contract
requixed to be in writing the following provision�
Interest of Contractor and Employees. -- Z'he Contractor� !
covenants that no person who presently exercises any flznctions �
or responsibili�:ies in conneetion with the Progra.m, has ar�y
personal financial interest, direct or indirect, in this !
Contract. The Contxactor flzrther covenants that he presently �
has no interest and shall not acquire any interest,- direct ,
or ind�.rect, in the Model Neighborhood Area or any paxcels
therein, which wou'ld conflict in ar�y manner or degree with the
performance of his services hereunder. The Contract flirther
covenan�;s that in the performance of this Con�;ract no person
having ar�y conflictin.g interest shall be employed.. Any interest
on the part of the Contractor or his employees must be dis-
closed to the Agency and the City. Provided, however, that this
pa.ra,graph 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 participation by
residents of the axea.
* The bracketed material should be deleted in contracts with contractors.
HU D-705012-69)
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SEC. 106. Opportunities for Residents. -- In all work made possible '
by or resulting from this Contract, affirmative action will be taken to
ensure that residents of the model neighborhood area are given maximum oppor-
tunities for training and er�ployment and that business concerns located in
or owned in substantial part by residents of the model neighborhood are to
the greatest extent feasible, awaxded contracts.
SEC. 107. Discrimination Prohibited. --
(A) In all hiring or employment made possible by or resulting from'this
Contrac�:, there (1) will not be any discrimination a,gainst any employee or
applicant for emplo��rnent because of race, color, religion, sex, or national
origin, and (2) affir.mative action will be taken to ensure that applicants are
employed, and that employees are treated during 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, upgrading, 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 provisioris of this clause. All solicitations or advertisements for
employees shall state that all qualified applicants will receive consideration r
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 subject to discrimination under any program or activity
, made• possible by or resulting from this Contract. The Agency and each employer
will comply with all requirement� imposed by or pursuant to the regulations of �`
HUD effectuating Title VI of the Civi1 Rights Act of 1g64.
�C) The Agency hereby agrees that it will incorporate into any contract
for construction work, or modification t�hereof, as defined in the regulations
of the Secretary of Labor at 41 CFR Chapter 60, yrhich is paid for in whole or .
in part with f`�znds obtained pursuant to this Contract, the equal opportunity
clause which is a part of the labor standard provisions attached hereto.
The Agency flzrther agrees that it will be bound by the equal opportunity
clause and other provisions of �+1 CFR Chapter 60 with respect to its own employ-
ment practices svhen it participates in federally assisted construction work:
Provided, That if the Agency so participating 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 participa,te 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 compliance of contractors and subcon-
txactors with the equal opportuni:�;y clause and the rules, regulations, and rele-
vant orders of the Secretary of Labor, that it will flirnish �ND and the Secretaxy
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HUD-7090(2-69)
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of Labor such information as they may reauire i'or the supervision of such
complia.nce, and that it will otherwise assist HUD in the discharge of its :
primary responsibility for securing compliance. ,
,�
�he Agency f�xther a.grees that it will refrain from en�;ering into any i
contract or con�ract modification subject to Executive Order 112�+6 of
September 2�+, 1g65, with a contractor de�arred from, or who has not demon- �
strated eligibility for, Government contracts and federally assis�,ed construc- :
tion contra.cts pursuant to �;he Executive Order. In addition, the Agency t
a,g.rees that if it fails or refl.ises to comply with these undertakings, the ��
City may take any or a.11 of the following actions: Terminate or suspend in j
whole or in part this Contrac�;; refrain fror� extending any further assista.nce �
to the Agency under the progra.m with respect to which the failure or refl.isa,l �
occurxed until satisfactory assurance of flzture 'compliance has been received �
from such Agency; and refer the case to the Depaxtment of Justice for appropri- (
ate legal proceedings. � ��
SEC. 10F3. Labor Standards. -- There shall �e included in all construc- 3
tion contracts, made possible by or r�esulting from this Contract, with private �t
entities the applicable labor standards provisions, if �Lhe taork being carried �
on is not otherwise subject to provision of Federa? law imposing labor
standards on federally assisted construction and in the case of residential
projects if the project is designed for the residential use of eight or more
fa.milie�� ' . �
SEC. 109. Copyrights. -- If t�is Contract results in a book or other
copyrightable material, the author is free to copyright the �aork, but HUD
reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, '
publish, or otherwise use, and to authorize others to use, all copyrighted
materia'1 and all material which car� be copyrighted.
SEC. 110. Patents. -- Any discovery or invention arising out of or
deve:loped in the course �of work aidPd by this Contra.ct shall be promptly and
flzlly reporte� to HUD for determination by HUD as to whether patent protection �
on such invention or discovery shall be sough�L and how the rights in the in- ':
vention or discovery, including rights under any patent issued thereon, shall ��
be disposed af and administered, in order to protect the public interest. • �,
a
SEC. 111. Politica.l Activity Prohibited. -- None of the f�inds, materials, ��
property or services proviaed directiy or indirectly under this Contract shall '
be used in the performancE of this Contract for any partisan political activity, •
or to flirther the election or defeat of any candidate for public office.
SEC. 112. LobUying �rohibited. -- 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 bz•acketed 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 contrac�;s for such work with public entities, only
sec�Lions 1 - 3 of the labor standard provisions should be included.
HUh�70� �2�by� •V.S.GOYERMMEMT►RINi1NG Ofi1C[:196!0�113�C12
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� U.S. DEPARTMENT OF FiOUSING AND UftBAN DEVEI.OPMENT ,
. MODEL CITIES ADMINIS7RATION
LABQR STAhEDARDS PROVISIONS
i
l. OPPORTUNITIES FOR RESIDENTS ,
In all work macie possible or resulting from this Contract, affirmative ;
action will be taken to ensure that residents of the model neighborhood area i .
are given maximum oppo.r�u.nity for training and. emplo,yment and tha�L 'ausiness ��
concerns locatea in or oVmed in substantial parL by residents of -�he nodel 4
neighbor.hood are to th.e greatest extent feasible, awarded contracts. �
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2. EQUAL OPPORTUNITY . �
� A. During the performance of this Contract, the Contractor a,grees as �
follows: ��
(1) The Contractor will not discriminate against ar�y employee or '
applicant for employment because of race, color, religion, sex, or national `
origin. The Contract will take affirmative action to ensure that applicants
are er�ployed, and tha�; empZoyees are treated during employrsent without
regara 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 advertisir�; layoff or
termination; rates of pay or other forms of compensation; and selectian for
training, including apprenticeship. The Contrac�or agrees to post in con-
spicuous places, available to employees and applicants for employ�ent, ,
notices to be provided setting #'orth the provisions of this nondiscrimination
�.
clause. � . •
(2) The Contractor vrill, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualifie�.
applicants will receive consideration for employment without regard to race,
color, religion, sex or national �rigin. ;
I
(3) The Contractor will send to each labor union or representative of �t
workers with which he has a collective bargaining agreement or other contxact �'
or understanding, a notice to be provided advising the said labor union or
warkers' representatives of the Contractcr's co�unitments under this section, '
and shall post copies of the notice in conspicuous places available to �'
employees and applicants i'or employment.
(4) The Contractor will comp�}r with all provisions of Execu�ive Order
112�+6 0�' September 2�+, �965, and of the rules, regulations, and relevant
orders of the Secretary of Labor. •
(5) Th� Contractor will flzrnish a11 informa,tion and reports required by
Executive Order ll2!�6 of September 2�-, 1965, and by rules, regulations, a.nd
orders of the Secretary of Labor, ar pursuant thereto, and Will permit access
HUD--��S� (2-69) !
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to his books, records, and accounts by HUD and the Secretary of Labor for
purposes of investiga�;ion to ascertain compliance with such rules, regula-
tions, and orders.
(6) In the event of tne Contractor's noncompliance with the nondis- ,
crimination clauses of thi� Contract or �;ith any oi' the said rules, regula-
tions, or orders, this Contract rna.y Ue canceled, terminated, or sus�ended
in whole or in part and the Contxactor may be declared ineligible for
flzrther Governmer,t contracts or federally assisted construction contracts '
in accordance with procedures authorized in Executive Order 112�+6 of September
2�+, 1y65, and such other sanctions mwy be imposed wnd rery�dies invoked as
provided in Executive Order 11246 of September 24, 1g65, or by ru1e, 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.graphs (1) through (7) above
and paragraph B below in every subcontrac� or purchase order unless exempted
by rules, regulations, or orders of the Secxetary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1g65, so that such
provisions will be binding upon each subcontractor or vendor. 7.�e Contractor
� will take such action with respect to any subcontr�,ct or purchase order as HUD }
ma.y direct as a means of enforcing such provisions, including sanctions for F�
noncompliance: Prov�ded, however, That in the event a Contractor becomes in-
volved in, or is threatened. wi�;h, litigation with a subcontractor or vendor
as a result of such direction by HUD, the Contractor may request the United.
� Sta�es to enter into such litigation to protect the interests of the United
States. , �
B. Non-Segregated �'acilities. The Contractor certifies that he does not
ma,intain or provide for his employees any segregai;ed facilities at ar�y of his
establishments, ana that he does not pea^mit his employees to perform their �
services at any location, under his control, where segregated facilities are �
maintained. The Contrac�tor covenants that he will not m.a.in�;ain or provide for
his employees ar�y segregated f.acilities at ar�y of his establishments, and that
he wi11 not permit his employees to perform their services at any location,
under his control, where segregated facilities are maintained. As used in this
para,graph the term "segre�ated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, timeclocks, locker �
rooms and other storage or dressing areas, parking lots, drinking foantains, �
recreation or entertainment areas, transportation, a.nd housing f'acili�ies pro-
vided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, creed, color, or na-Eional 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" ma.y include an'bperating
Agenc�l� as defined in the Grant Agreemen�; and an"Agenc�' as defined in the
Supplementaxy General Conditions.
HUD-7051 lz-a9! .
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�. DAVIS-R�.CON ACT
(1� Minimum wages. (i) Al1 mechanics ax,d laborers employed or workir� �
upon the site of the work will be paid unconditionally and not less of`ten than
+ once a week, a.n.d without subsequent deduction or rebate on any account (except
such pay?�oll deductions as are permitted by regulations issued by the Secretary
of Labor under the Copeland Act (29 CFR Part 3)), the f�11 axnounts due at time :
of payment computed at wage rates not less than those contained in the Wage :=j
d�termination decision of the Secretary of Labor which is attached hereto�and �
ma.de a part h2reof, regardless of any contractual rel�.tionship which ma,y be �
alle�ed to exzst betti��een the Con�;ractor 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, contributians made or costs reasonably antici- t
pated under section 1(b)(2� of the Davis-Bacon Act on behalf of laborers or �
mechani_cs 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 made or costs incurred for �aore tYian a weekly period under �
plans, fU.nds, or programs, but covering the particular weekly period, are deemed
ta be constructively ma,de or incurred during such weekly period.
(ii) The Contracting Officer shall require that any class of laboxers or
mechanics which is no�t listed in the wa,�e determi.nation and which is to be
employed under the Contract, shall be classified or reclassified conformably
to the wage deter�in�.tion, a.nd a report of the action taken shall be sent by
the Federal a.gency to the Secretary of Labor. In the event the interested ,
paxties cannot agree on the proper classifica�;ion or reclassifica�Lion of a � .�„,
garticular class of laborers and �nechanics to be used, the question accompanied � �
by the recommendation of the Contractir� Officer shall be referred to the
Secretary for final determination.
(iii� The Contracting Officex shall require, whenever the minimum wage rate . j
prescribed in the Contract for a class of laborers or mechanics includes a frin.ge ;
benefit which is not expressed as an hourly wage rate and the Contractor is E
obligated to pay a cash equivalent of such a fringe benefit, an hourly cash !
equivalent thereof to be established. In the event �he interested paxties 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 Con�ractor does not make payments to a trustee or other third
person, he may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated i.n providing benefits under a plan
or program of a type expressly listed in the wa.ge deter.mination decision of
the Secretasy of Zabor 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 standaxds of the Davis-Bacon Act have.been me�. The
Secretary of Labor may require the Centractor to set aside in a separate
account assets for the meeting of obligations under the plan or progra.m.
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(2) Withholding. HUD may withhold or cause to be wi.thheld from the ;
Contractor so much of the accrued payments or ad.vances 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 wa,ges required by the Contract.
In the event of failure to pay a.r�y laborer or �echanic employed or working on
the site af the work, HUD may, afLer written notice to �;he Contractor, take � ��
such action as may be necessary to cduse the suspension of ar�y f�.rther payment, i
a.d.vance, or guarantee of funds until such violations have ceased. �.,.
(3) Pa olls and basic records. (i) Payrolls and basic records relating �
thereto will be maintair.ed aarino �ne course of the �ror.k and preserved for a �
period of. three years thereaf'ter for all laborers and mechanics k�orking at the �
site of the work. Such records will contain the name aazd address of each such �
employee, his correct classification, rates of pay (includirig rates of contribu- �
tions or costs anticipated of the types described in section 1(b)(2) of the �
Davis-Bacon Act), daily and weekly number of hours worked, deductions made and '�
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR �
5•S�a)(l)(iv) that the wages of ar�y laborer or mechanic include the a.mount of ��-
a.r�}r cos�s reasonably anticipated in providing bene.,fits 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 �,he commitment to provide such beneiits is
enf'orceable, tYiat the plan or program is financially responsible, and that the -
plan or program has been communicated. in writinb to the laborers or mechaaZics
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 t'
if the City is a party to the Contract, but if the Ci�;y is not; such a party the
Contractor wi]_1 submit the payrolls to the Agency tor 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 payrol.ls are correct and com-
plete, that the wage rates contained therein �are not less than .those determined �
� by the Secretary of Labor and chat the classifications set forth i'or each laborer
or r,�ecl�anic conform with the work he performed. A submission of a "Weekly ��
Statement of Compliance" which is xequired under this Contract and the Co�eland ;
regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the .
initial payroll or any subsequen� payroll of a copy of any findings by the �
Secretary- of Labor under 29 CFR 5.5(a)(1)(iv) shall satisi�t this requirement. �
The prime Contractor shall be responsible for the submission of copies of pay- •
rolls for all subcontxactors. The Contractor will ma,ke the xecords required
under the labor standards clauses of the Contrac�; available for inspection by
authorized representatives of HUD, the City �r the Agenc� and the Dzpartment 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, indi.vidually, under a bona fide apprenticeship program
registered with a State apprenticeship agency which a.s recogriized by the Bureau
,
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of Apprenticeship and `!'raining, United States Department of Labor; or, if .
no such recognized. agencST exists in a State, under a. program registered with �
the Bureau of Apprenticeship and Trainir�, Unitect States Department of Labor. ��
The allowable ratio of apprentices to journeyrilen in any craft classification ;
shall not be greater than the ratio permitted to the Contractor as to his �
entire woxk force under the re�istered program. I�ny employee listed on a �
payroll at an apprentice wa,ge rate, who is not registered as above, shall be ;
paid the wa,ge rate determined by the Secretary of Labor for the classifica- .�
tion of work he actually performed. The Contractor or subcontractor will be
required to fU.rnish to tiie Contrac�ing Officer written:evidence of the �
registration af his program and apprentices a,s we11 as of the appropriate �
ratios and z•ra.ge rates, for t'r�� area of construction prior to using ar�y �
apprentices on the contract work. " ,�
� (5) Compliance with Copeland Re�a.lations (29 CFR Part 3) . The
Contractor shall comply with the Copeland Regulations 29 CFR Part 3) of the ;
Secretary of Labor which are herein incorporated by reference.
. ��
. (6) Subcontracts. Z`he Contractor will insert in any subcontracts the t
,
clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and such other �.
� clauses as HUD may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier sub-
contracts which they may enter into, together with a clause requiring this
insertion in any fur�;her subcontracts that may in turn be ma.de.
' (7) Contract termination; debarment. A breach of clauses (1) through
(6) �a,y be grounds for termination of the contract, and for debarment as pro-.
vided in 29 CFR 5.6.
5. CONTRA.�T WORK HOURS STANDARDS ACT
(1) Overtime requirements. No Con�tractor or subcontractor contracting
s far ar�y par� of the contract work which may require or involve the employment
' of laborers or mechanics shall require or permit ar�y laborer or mechanic in }
� any workweek in which he is employed on such work to work in excess of e�_ght I
hours in any calendar day or in excess of forty hours in such workweek u.nless �
such laborer or mechanic receives compensation at a rate not less than one
and one-haJ_f times his basic rate of pay for all hours worked in excess of �
f
eight hours in any calen.dar day or in excess of forty hours in such workweek, ;
as the case may be.
(2) Violation• 1i.abilit for un aid w es• liauidated d �,es. In +he
event of any violation of �he clause set forth in subparagra,ph 1 , the Con-
tractor and any subcontractor responsible therefor shall be liable to ar.�y
affected employee for his unpaid wa,ges. In ad.dition, such Contractor and sub-
contxactor sha11 be liable to the United States (in the case of work done
under contract for the District of Coluznbia or a territory, to such District
�
HUD-JOSl t2-c9)
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or to such territory)9 for liquidated da:nages. Such liquidated dama,ges shall
be computed �•rith respect to each individual laborer or mechanic employed in
violation of the clause set forth in subparagraph (1) in the sum of �l0 for
ea,ch calendar day on which such employee was required or permi.tted to work in
excess of ei�ht hours ox in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in sub-
paragraph (1) .
(3) Withholdina for unpaid wa�es and liat.idated dar�?�ns . HUD may with-
hold ox cause tc be witrheld, from aiiy moneys paya,ble on'account ef work per-
formeci by tihe Contractor or subcontractor, such sums as may administratively
be determined to be necessary to satisf� ar�y liabilities of such Contractor or .
subcontractox for unpaid wages and liquidated dama,ges as provided in,the clause +
set forth in subparagraph (2) . �
(�+) Subcontracts. The Contractor shall insert in any subcontracts the �
clauses set forth in subparagraphs (1), (2), and (3) of this paragraph and also �
a clause requiring the subcontractors to include these clauses in any losaer
tier subcontracts wY?ic� they may enter into, together jaith a clause requiring E
this insertion i.n any f�irther subcontracts that.may in turn be made. �,
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