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255783 ► C��'''��yyy///�� ORIOINAL TO CITY CL6RK �J��,7� � CITY OF ST. PAUL couNCi� �� 0 OFFICE OF THE CITY CLERK FILE NO � COUNCIL RESOLUTION—GENERAL FORM PRESENTED BT COMMISSIONE ATF RESOLVED� Tha.t the Coun.cil of the City of Saint Paul does hereby approve Agreement between the City of Saint Paul� acting through its Model Cities Department� and Frank B. Wilderson, Jr. and Associates, 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 be and they are hereby authorized to execute the said Agreement on beha.lf of the City of Saint Paul. t. �ORM 0 ED: S ` r i nsel ' � SEP 2 2 1975 COUNCILMEN Adopted by the Council 19— Yeaa Nays � , $E P Z 2 197� Butler � �, 0 19� Levine n Favor Meredith /'� Sprafka U Mayor Tedeaco A ga��t Mr. Preaident, McCarty PUBLISHED SE_P 2 5 1971 _ � Area Code �iTl' ��, THOMAS J. STEARNS 2�3-5121 �J"/ eC�F J ARTHUR M. NELSON ��^---1i;1 �a PAUL F. MC CLOSKEY, JR. ,� � � R. SCOTT DAVIES ti !y "-'��/,�� PIERRE N. REGNIER � DANIEL L. FICKER JOHN C. MC LAUGHLIN CITY OF SAINT PAUL ROBERT C. HOENE KENNETH J. FITZPATRICK A. KEITH HANZEL First Assistant ROGER W. MEYER Assistants JEROME J. SEGAL LEGAL DEPARTMENT TERRY F. SUL.LIVAN Special Assistant Investigator 316 City Hall, St. Paul, Minneaota 55102 DANIEL A. KLAS Corporation Counsel September 16, 1971 RECEIVED SEP 15 1y71 GRANT-IN AID PR AM�" Mr. George McMahon Community Development Coordina.tor Grants-In-Aid � City of Saint Paul 918 City Hall Building Re: Agreement between the City of Saint Paul, acting through its Model Cities Department, and Frank B. Wilderson� Jr. and Associates Our File No. G-71-0595 Dear Mr. McMahon: Attached and transmitted herewith are copies of the above-referenced Agreement together with a resolution approving the Agreement on behalf of the City Council. After the resolution has been approved by the City Council, please circulate the Agreement for signa.ture on behalf of the City and transmit completely executed copies to the appropriate pa.rties. Very ruly yours, JERf� J. S GAL Spe ' a istant Cor ation Counsel JJS:er Atts. � r , . ` __ . _` _ � 25�`�83 � ,`�: C: :�: L: i�; I: '�? i ,-: < �,,�.� ,, x- . ,�/ l H ' �:�-I\vl `" ;�`�1.'� �'i3(�i_� c 71C1 E �1�1� C`C'_C� .L1�Ij_O '1.,i1.1_S '" � C��.y Uf '� �_5 ._ .,, __ ,.�9 �� p �?�T c�LZ'j 1�r?'i..l�`�C'71 t:�1t"'_ l,� i.,�r O� :>dJ 1�-t 1'cil7l y c3,Ct.:1.:"1` , , , •� .. ..,- t�1:�: < < �� .. �1,;�.,c:.� ��i.t:.��:s L`c p��Lt_,�:�r��5 1:;-re:L��.>i_ �e:r_ xe:Ce:cr�ecl �o as ti1��'-C�i' L f•_�:. C� )�i:;��-� �"T:T`t ,-�-,�t �� iZrl �'��r�.T11Z B. �'vI.ZCl�'Z'SOIly .JY'. �Ilf� Associates, �le�'��1�;%�(�i��J" i^fc:l"i�'�cl �O GS �t�1.�;C�i:iC��9 _ . . t,TI�'i�. `':��'s='II: � , j��-iL:R'�"LS , `I'ii� :��'ctx��l C:it..:i_cs Dej�a-r_ i.-.ti:en., or� t.li� 2�rd ciaY of AI»i?_, 19 /1 Tl.'.C: _ � �, � 't- 1_T:(�n ' i �;,�� C •-,� T,��, �;� � �iv� c <z �, �:�_�. . � . _r tne Un:..L � tat.cs D4�., -r_� .,<_�. ot Hc�t��,i_�:�� an�? L'r�:.:..� Develop:nc_n� DeAnonsi��:at�.��t� Cii_�T an:i i��,._t��-o�ol.:i.tar.?- Dc�vel_o}>>n�_r,t Ac�. o� 1966, Tit1� T; said g-rux;t� c�esig�r<�;.i�<_-:cl as Grar�.� No < r�l�••-2?..--OC)�f �:--�d 1��-iEP.�?l��Sg :�1�r.s�1.�;nL i�o s�i.d. Uz�nt, 1:��c�del_ Cit:ies De��G�. ti�ent. is L?"1lG�c:1:1��1�._'_i7� CE'_"r�ull�. uC�1\�:LLl�S ; c.TiC� ��?HET':'�;r:S 5 Th� ��iodel Cii�ies ll�j�art.mer�� cles:ires to e;z��;e i�1-�e �1�C-?"1.1G�7' t:�0 �C_'i_?:�.('.:Y' C'i,)_'i�cZ1T1 �?S51_:.;'Cu^.17CE? J_1� S17C}1 U1"IC�Li'�:2.ryC.�1��> �17�r_"SL'.u7.-�.� to ar�d i.�:� cc��i 1�i4�-,_�cc c�.�i�::lz tlac Gr�.��t I�o, 1�'�E�27_..,OU3; 1� }7 �`�{�j'r,('rr: r ��s 1 i•• r' r;c � �`p; �-,�T-, � � ., ��' 1` ,�0;•,� y TI-�__. ��'J..�_,� TI:.E fx�,��L, ,.�IT:�i..,.� 7� � �?-'.T;��.�,►.;� l�.1�;L 'i'iIL A��rT�� 0 ?�Ft?Til.1LL1' l�GR�I� �.S T'Oi.1.,0!�`S t A. Scope of Se:c��:i..c�:s a The A�;e�.�c�� sl�all, �vitii:i�z �.n:.� �tur��r-,�� Univexszt.y z�iode�l Nc.ighbox•l�ood� in a sat.isfac�o��r ar<1 �_��-ap�,r Tru:�i.r.;eLs �.� c�et.c�rrni�lec'� by ��o��c�l C?tic�s Departi:�.e�r�it anc� unc�E�r. �.i.z� c�i r�cL�_cn , of �hc� Model Cit,ies Depar_t�me��t, perfoi-�n thosc act�.vit.i.es s�u f o:�-1.h in tl:c �.tt`c.-1GI2P_.C� }_'art �_1 ar,d shal_7_ �perfor�:� the act�ivitiea ��rit��._L-r� L"t�iL ti�rietab7_� s�i. :io�-�li in Part �T . I3o Fun��_?.:'_�.: (1.) . l�e Agency s?-�:�1�. oir<<nence perform�nce of �.his .contract o�.z tl�e �� d�y of ; 1��s and shd co�ipl.�t� �er�=ori:�::.-r.lc� nc :�ater :��n n�� day of s �t��,• ' ....�.�..� (?_) Tt is e�pressly ur�d�rstooca. a��d agreed L-��,�t in no e�rent �,�i_].J. Lne L-otal aZroun� to be ��aid by thc T1od.e1 Cities Depari�rnr�;lt to tl�e �gency uiLde� tizis �g1�er^,ent exceed t}zt� ;'L1I�i1 0� $ 12,OUO.0� for .i uIl and complete . • satisfac.tory pc�x�orm��,ce in accordanc� ��:_�_t�h i:he budget ati�ach.ecl to tl�ii s AUrccr.��.nt �n Part� l:l s �nd in ��io etT�zzt sh�7.1. exceed t�.e �mount oi' %'ederal. f.ux�;�s recca_ved by T�Zode1 C�.ties D:�p;�rtmr�it. i_�-om L-lie llep�rt.tne�-�t of I-Iot�sin� an;i Ur_Uar.. i)evelal,:�en� (HUD) for tr.is p1-c�j�ct l�uY•su�,l�'� �� . t,c� the I��od�l �i �_i.�s i=�;-�;;,:;�:-i�i�:e?�t ` �� C;c-r:�rc,l��.r�si��e TirsL- Year /`�ction r=.l ��;� ,T,,, ,.�- �; ��, ,r`;�� ` ,_ .�.,.� � � a.r,:.�.� c= 1.� ,, � � (3) F.1c�x3_L�i l_i:�.�� :i n 131�et�c�t a P�;;e��_cy shall� r�lake eapend_��tar_c:s ��ccocc':i J �t�� t�;c �l_i.,1c item� as sct far-tl�. in �ch.c att:.�.ch��:ci 1��1dE��t . AI1_ prol�.�s�d a.il,enclinents t:a the I3ud,;�t rr�ss�, l>e su��xn�i_t�cd to th.e ;�i"�;�1 Cit?es DeParl::ment foi revie�•�. a) A�ency n�!-jy atnend t1_,.c Bud�e t 1-i.�; i t�lns �,ithot��. . �1oc�e1 C�i�i.es Dep�.-��:�:�,c;�i� ` s ��r�_ti.en approval undc�_ t:t1G' �C)�..�.O`ti','1-11C> CiI`C:ii:l�.�Lcl12.CC S : , i) T)�.� i-e•�%isioi�_ of a line i.t.cm do�s i�ot con•- stii�.;��te a substa-r.tia�_ c17�.�_��e :i1� progra;n object:�ves ; a.nd ii) 'I'he rc�T�s_ic>> af a 7_in.e ;te�n does not con« si��i.tut.e a cha�:ge o� more than 10% oi �he line ztem or 5%0 of the toi�a7. }3ud�et. � b) Agency m,�y amend the Budget �s f.cllo�as on.ly= �upan th� priol� �;rit�en approval of Lhe Niodel Ci_ties Departmen.�` s �irector� � i) The revisi.cn .ioes not constitu�e a substaz��:iai char�ge in pr_o�;r�.m abjectiv�s� a2�d i�h� trG!isfer . of c��e 1in� _i_ter�, to ano�:l�e-r_ li.l�� iter.� do�s r�.ot const�_i:t�.te a � cl�ange of r:10 re than 15% of th� . linc itern or 1_0% of the tatal appl:ovcd Budgei�o ii) Th� re�Tision of a line item constitutes a change of more tha.n lU% of the line item or more than 5% of the total 13ud�et. c) The follosti7ing amendments require a Contract am�r�clm�nt and �aritten approval of the l�iodcl Nei_ghborhood P7.anlzin.g Counci.l and the Saint Pau1 City Coui�cil: i) Th� proposed revisi_on cons�:-.itutes a substantial chari��e i_� the program oUjectives, the scoP� of s�rvices set for_th in this Agreemen� and/or the work program; or ii} /�>>y� c�;��,:1�G �,Thirh taoulcl cfz�_�se thc� total amount oi tiie BL.dget to be e�c�edei!.; or i_ii) T}ie tr4�nsfer frot,-� one line item to another 7_in.e item ��ou1d constitute a chaz�ge of more than 15% ot L��e line :;.t�m or morc than 10% of the Lotal Budgei., 2. , (i�T) Tl��.t� c.}�,;��.��es ��.n plz�-;:i_cai_ i�c,zti.on of aptro��-��d proj�c.t ��ou:lca r_esti_ict c1_�c P�i-rt:i_civatior� a� � ��iodc�:l. I�T{�ig�zbo-r}zoo� r�s:iderits . (4) Subject to t.?�� rec�ipt of fiincis f-rom tl�c �?iiii�ed Stat�s Depart�::,ent o{ Hous:i.ng ��.rd Ur_1;aa�. D;��c�1op;��cr�L, t,he ModeJ Cit.ies Dcpa.rtr,e�lt shv:t.l �n-�)�e p�+.yn1E�a�it un�.ler th:is Coni�rac�t� i�� t�h�� alJ.o��;��_ng mar�.�cr: Th�:� Ag;enc�T sbal_1_ pz:e.sent t.o ?'iod�\,:l_ C:i_t i_es D_`er,�r�f�m��rit c�.a"1 .�t..G'11l 1.%`�:.'C� I'C'_C�7 i.1."� 1.�.J_O 1? j.O�" �I1101"1.!.r1.�_�T/ ��'?t?�X?C}��S„-�/L 1'C.;�1=i'"` burser�e�t, in f�rm �ppro�re:d h}r r�oc�e:� Citi.es ]�epart;,leni� �nd. the C�_t��= Cor:�E�;troll�r� R�c�uis9_tioi�s shall set f_ortli i�i�� dispos:i_i�iorz of amounts snerit .du.ring th� p��rcedir�g (month) (a¢��cx��x) �a�etl�.er wii�h an estitr��t.e o�£ e„»ense�: i�o bc in- currcd dur_i-ng th� nex� succe�d:ing (moni�h)�i��€:�ex��xx� � ��ii�h reference i:o e�:per�s� c�.tegori�s as s�t forc% in t:t�u attachcd B1�.d�ei� inco�-Poxated �aith:in Paxt II . T�1o1e1 Cities De��ar�.;n�nt �vi7_�►_ r��a.k.e patnnenL- to the Agency ��.i.tlzin 30 days a�L-er rece:ipt o� the req�uisitiong a£1=er ha��in� Zcvie��a�d aizd apr.roved thE=. x�q�is:ition. Requ:i.sitions sha11 inc].ude _ L-he fa11ow5.ng c�.te�ai-:�es : (a) Pcrsonrde7.. (��aages, fringe benefits) (U) Con�ultunts � (c) Spac.e rental ° (d} TratTel �� (e) ConsumaUlc supplies (�) Equipment�rental, lease (g) Ot.her_ costs . (S) Tkic Agency shall maa_ntain veri�:ication for all ex�R penditures includings but not limited to, time sh�e�s, invoices and receipts9 and shall ]�cep and retain such docurnentation. foi the period of time tlzat �_s required to mai��tain its records he-reunder. (6) No r_equisztions shall Ue f-illed i_ff at i�he time ii� is madey �l.ze A�en�y has maxe t�lan 4% of the total Model Cities Departn�ent funds alJ_ocat�d under this Agreement on dePosit in iL.s depository. C. I��depeildc-�nt CorLL-ractor: For_ the Puxpose of this Agreement, tl.�.e AgencST shall_ be deemed to be an indepezzdent� contractor, and noi: an employen of tl�E Cii�y. Any and all employees af t,he Agency or 3. , , or othcr. person�;� ��hil� e�?ga.�,ed in thc pe-r.rc�-��:�nce of any ��,Io?-1� ox � serv�ccs rey«�_rc�d by t�he Age-nc�� uride:r_ th:i_s Agree�r«nt.� shall. not be consa.dercd c�:�plo�Tees of th� C�.ty� a-nd any a-ri�l a.11 claims tl�.�t may or midht ar:i:se u:nder� i�h:e Tti�or'-rr�Ln' s Compc�z�sat:iori 1�ct, of Minr.iesot�� on bc�hali o.i said empl._o�Tees oi o��lzc�i: persoizs �yllile � so engagec� , hospita7_izai=ion ir:suz°ance cotr�xag�s, Soc�.a1 Secur_ii�y a��d pens�_on r�ayments and bencfits; o�.ner_ e��p�oyec o1�1:i�ations and l��ze_- fii^s� and any arid a17_ .clairns n�.de b}T a-ny tl�.i-r_d pa-r��T as a conse•- C�11C'i1�r' OJ c'1I1jT c3.Ct OI' Oiill.S^I..O1"1• OTl �31E' l�c!1_'l O� �:.�'1(' ��"E'r'i�.�Tg t11C' . � erijploye.es or atncr pers��.s <<;liile So en;us�e�d on un�, of tl�e �ao�lc or ser_�.Tices to be rencieredf sha�.�.1 in no wa}� bc the ol�lioat7_oz� or_ resTonsil.�ili�y oi the C:ity. The �_�ency s1�a11 pay as theST becomc due al1 just claims for ��aork� tools , m�.chinexy, ski_11, mai,er�_aJ_s, insuxar�ce pre:niu�s 9 equipment and suPp7.ies furnished, rendc�red o:r performed in the exec7atioTi of this Agr�emeiit. D. No D�_sc-r_i.m�nation< The ngcncy shall be deemed a contx�ctor far the app'licai.ion:a�i1� provisions liereof an.d la�,ls against un-- la�aful disc-rimina�ion on account of race, cree�� f se�:, age, ox colox hereundcr. The Agency agrees ixi accordance �,�ith ChaPter 238, I�a��s a� tr�e State of Minnesota far 1941g tlzat in th� lziring of_ com�non or s]z:ill.ed labor �for the perf_ormance of. any ��or.k u��.der this Coni�rac� or alzy sliUcont-rac'c ��ereurid�-r, no co�ni:r_a.ct^c�r4 rru�.i..e�ial suJ�plie=r, or vender sha11, by reason o� race, cxeed or colorg discriminate against any person �,7ho is a citizen of th.e United States who i.s quala_fied and available to perforTn the ��aorlc to tahich sv.ch employment relates; that r!o contractor, material supp�ier or vendor under tlzis Contract shall in any manner dis�riminate against, or intimidate, or_ prevent the employtnent of any person, or on Ueing hi2eds prev�nt, or con- spire to prev�nt, any person from the Pexformance of work under this Cohtract on account of race9 creed or color; an.d that this Contract may be cancelled or termi�zated by the City, and all rnoney due oi to Uecome due hereunder sha.11 Ue f_orfeited for a second or any subsequent �,Tiolation of the terms or conditions of this Contract. This Contract is subject �o Tit1e V1 of th.e Civil Ri�hts Act of 1964 (P. L. 88�352, �apP-roved July 2, 1964) ai�.d �he xules and regulations (24 CFRy Subtit]_e A, Part 1) y issued by i�he Housing and Home rinar.�ce Agency pursU.ant thereto:. � E. Indemrii_fi_cation: It is further agreed t,hat i�he Agency shall defend and save�e City of Saini� Paul harmless from ariy clai.tns , demaiids, actians or causes of action arising out of any negligent ac� or out of any negligent om�_ssion on the part of the Agency, its agenLs, sexvants , or emp7.oyees in the performance of or �,=ith r_elatior� to any of the caorl; or services provided to be per� formed or furnished by the Age�cy under L-he terrns of i;his Ilgreemex�t. 4. I�' I�esi�l�nt Em�-� I ovm^��t �xnd T� -t�n i �; R�m�.�i_remcnt� : Sect�_o�i ' ------�----< - 103(a) of thc=�llernonstr_�;z�lori._GitieS �;�Za .i�tro��olii�ari�ll��reloprnen� Act of 1966 requires i�hat a com}�rehe;�sivc, cit�� clem�nstr.ation �.�ro� gr��tn prov:ide ";: ;�; ;; rnaximu,Tli oppo�-tur:iL:�c.s r�r �r..}�layin�� res-iderii�s af the arca in. �11 phases of the pr�g,_�Ai:-i at�d enlarged ap��ort��.-i ti.es for taork and traini;Z�" and tl.zat= ii� "%- ;'; :: mal.ce m.arkcd p�o�;rt,-£>s i_n - ,,` ,` �` , -'. -': -'- �� reducino • - % unaeremploym-�nt az�c1 enf_orc;:d id.leness - - . In tlie pexfor.m�.�zce of tl�is �gree:n�r�t, i=he l�gency s}.�a11 cotnp�-Y wit}z a11 rc�quile:r�erLts o� I:LII� P�.r_t<�� ni��; to i._ts �;ezic:ra7_ pnl:�cy on e�nplo}rm�izt anci zr��:i�.ing oi 1�1ocIe1 ivc�.i gi�;c�o�-ho�cl 1_es� d�nts :in al1 jobs gc�nerated ��J this l�g�-eement and thc sul:�n�iission requ:i-rernents for tne imPler.}eni�atio�z of this poli_cy, as sei, forLli in IiUD �Iandboo� MC 3160. 1, Model Ci�ies Employment and Trainin� Requir�rr�,nts (CllA Lctter i�TO. 11} . � l�gency sliall i_ncJ_U_de t].Zese pro�risions deali.ng with Resident Employment in al1 oi' its operating subcont�racts . . Agency agrees to comply with the Employineni: and Training goals set forth in the Saint Pau1 Mode1 Citi�s Resideni� �mploymerit and Training PJ_an, a.s set forth in Part II hereof_ , tJ:�thin 10 days after �he execuf.ion af_ i�his �Agreementv A�ency sliall subm�or approval an . employment plan together �,-ith specific enrplo��ment and training goals for tl�ie implementation of i.his po7_icy. In the eaecution of such plan �:he A�ency must demon.si�rate m�.a-�l:ed progress toward specific goals in each succeedzna phase of the program. Al1 positions generated by th.�.s project and tlgre�ment and a11 positions becoming vacant shall be filled by Agel-�cy by Model Neighborhood residents . All such positions of employment sha11 be listed with the r4odel Neighborhood Employinent Center. Only re- ferrals fxom the Model Neighborhoad Emp7.oyment Ceni�er sh.all be accepted for employment by the Agency. Agency sha11 �.zot make any exception to these provisions unless the Ager�cy is granted a �aaiver by the Model Cities Special Review Board. If tlze Agency d�sires such �aaiver, it sha17_ malze wra.tten request therefor to the Model Cities Special 12eview Board and sha11 set forth the fo�lowing information: 1. Reasons for the need to deviate from the resident employment requiremen�.. 2. Recommendation and alt�rnatives as to how such positions should be filled. Upon entering into this Agreement, Agency �ha11 submit, in � writing, a listing of avai]_able jobs with a job description and 5. _,.�-- . ' . sa3_ar�T ra�zge for eaci� �j�osi�ion. �acl� jol� cescription sha11 ca�-itain a rlcfinition of i�he poCi_ti.ong ex�rn�les oL duties and minimum q�ta.l_w 1�1Cc'3��107?S for i:li.e posi�:ion. Job descrip�:ioi:s are subjecl� to r�view and. �.pprc�val of the Model Cit.ies D�,��artn�eni�. t�3i_t�hin tlzirt3� (30) days after e}�ec�t1_on of this Agreement� A�cnc.y shall �evelo� fo-r re�Tie�a a2�c1 a�3P.r.oval a sgec`i.fic pz:ogram to u�xgr_a�e e1i�:i_blc�; potential and :ini��resi.�d cmp7.oyc�s in each� para� p�oiessional job c7_assi{ica.ti.on. Tliis u.;�gracling sha17� be designed . te� 1��ci to b�-��te�- respol:�s�.,b�_1_itST o1- fuJ_)_ profe;»ional st.a.tus q a»d Lt�ose emp i o5rces so uP�radcd shall i�e retaii:ed in pi-ofessional 1eva1 pc�sitions as such positions becom�� ava�.lable i.hxough staff turn•- ot;�r, e�i ansioiz or ,:zew program dcvclopm4�zt. The traini_ng p-rocedures w�ll U� clesigncd to remove identiiie:d. im�ed:iments to hiring and upgra.ding of disadva7�ta�ed Macle'1 Neigi�bo-rliood residents and provide t��rr� w�_th occuPational rr�obility t)Zroug?i scniority, interagency t�ansfer agreements, civil service stat�usg union rnembe-rship or o�her prerequisites to such mobilil�y. Agency sha11 show hotia it p�;ans to rernove ' or ease sign�_i�icant m�rit syst.em impedim�ni�s to the emp7_oym�nt o� disadvani�aged Model. NGighborhood re�sidents in s�ach re lateci j obs . Agency sha11 dcs:ignat� a st�.�f ineinber as Train.ing and Deve.lopw nz�nt Of.ficer �o be resP�ns�ble for �ev�lop�leni� of trazning programs a.a�cl emPlayability development plans for all employces . C�n Employ� a.bility Development P1an in writing sha11 be developed witlz each e��loyee �sing behaviorally� defined obj�ctives . Within thirty (30) d�s�s after execu�ion of this Agreements Agency sha11 sU.bmit to the Mad_e1 Cities Depaxtment grievance procedures to be follo�,�7ed by t�he t�g;�ncy and available to its employees . G. Terms `and Condi�ionse Agen.cy sha11 be subject to and s�.a.11 comp�yiaith a 1`.C`� terms and conditions as set forth in the attached Part TI . Agency sha11 xnclud� similar terms and conditions in all of ��s contracts with other agencies in th� perform�a.nce of this �4�,reemen�. H. S_ u�plementa.ry Condii�ions : This Agreement incorporates t�e "Moc�e1 CiLie� mc�i_nistratlo Supplementary CondiLions for C�ntracts ti*ii�h Operating Agencies and Coni:ractor_s", HUD�7050 (2-69) �.ich is part of the attached Part 7I . Wh�n the term "City" is used therein, it sha11 mean "Mode1 Cities Department". The �upplcmentary General Coiidii�ions shall be incorporated in a11 con-- t�acts betweQn Agency and its contracLors. 6. . . .. I . Ad�ni.n:i.st.r_a�i�re T abbr ��.��dards a This Agreement i�.zcorpor- r,r�-�-5-� -�--------�---._._.._ ,_._.�.__..�._.._; _ . . �r - ates tlZe ��1oae:1 �it�_es C.dri�ina_stLat�.��l 1,�Lor Sta»dards Prov2s�_an - HUDw70�1 (2-6�) 5 ��-lzi.ch is part of the at��:tched Fa�-t TI . �;'l�ere the term "City" is used therein, it shd11 rnean "Tiodel Cities D�pa_rtmer�t"; 4r7d ��;�here t):ie term "Contractor" �Ppea.rs therc�in, it shall mean "l�gency". '1'hese LaUor_ Standa�_ds sh.all lie inc:orpoxated ' in aI1 contr�ct.s betwcen th� Ager��cy ar.d its contractors . J. Reco?-ds�R Re�o�-ts_a��d�Inform,�ti.on: The ngency shall be .�..._...�_�__.,_.___.._�_ resPon.sil�le io�= �.l�e rn;�.ir��.c�?.z,_��zce o:,_ rcco-rds a�.�d �ccol.ii�ts, izicluding properi.ys personnc� ar�d �i��zncia:i records adeqizat� ��.o assur� a proper accounting for a11 pro j ect f_un�.s s Federal ar�d/or non- Federal. These recorcis �ei1]_ be macle available for audit tco repre- sentatives of_ the I�1od.e1 Cities D�partment9 the United States D�partment cf Hausing and Urban llevelopn�ent, the Co:nptroller GenK eral of the Unite� States or any aut�ior.ize:3 representati�res �f any or all of thcse aoencies, and will be retain�d for thre� years after the expirati on of this Contract ll111�s� va-ritte� permi ssio.z is givzn for �h�ir ' destruci�ion by Mode1 C'ities D�par�.manL and the � . Secretary of the Unite� States D��pa-rtment of Housing and Urban Developm;�nt. Agency shall furnish such si�ate?l�e�nts 5 -records f r_ePort� and infori�.tion as is ca.11eci for in the Mode7_ Cities D-:partment data rePor��.ng package, w�ich is incorporated herein by reierence and madE a pa.rL h�reof; anc] such oth�r forr.cs :zs :nr:�.y f-ro�n tim•� to tiuir� be required of the Agency b.y the D�partmexlt of Housing and Urban D��velopment and/ar Mo�el Cities Department. K. The . Agency shall provide infori�ai�ion to L-he Mo�3eI Cities D�partm�nt for purposes of eval�ation and coni i1z�_io�ts plannin� ° purst�a.ni_ to a monthly reporting sys�em. This reporting sysLem sha�1 iz�c lude: a Output Measure Report (monthly) b Outpu� P�Ieasure Report Narrati.ve Report (month.ly) c Agency Statement (monthly) ' d Participant Beneficiaries Report (monthly) e Project Work ,Program (moni�hly) f Budget ard Output Measure Forecasts (monthly). g Narrative Report (monthly) L. Worlc Pr_ogram: Within one month follo�oing the execution of this Agreement, t�ie Agency shall submit to the Model Cities Departmen�, for its approvalf a [,lork Program setting forth how the ' Agency will imp]_emeni� the scope of services as set forth in this Agreement;, and including the following: (a) Job Description for each staff position 7. . � . �b Tir«i�ab7_e fo�� hi-r_ing sta�i c Dc�tailed desca-ir�ion of L-he Lasks to be undertaken (d riel�hods by �aiiicll t�ze success�ul compleLion of these ` tasks will be achi�ved (e) Z'imetaUl.e for such eom1�letie�n. IN WITN�SS ��'HTP,EOF, T'he p�rti�s hav�: caused this Agreement to Ue execui�ed the day and yea1- fir_si: above t�7r:ii�ten. CITY OF SAIN'T PAUL, Appro�Ted as to Form: MODEL CITI�S DEPARTI�NT � Spec�a�ss-`�si�ant • ayor Corporation Coux�sel Dir�ctor � Approved as i�o Form �: Execu.t i on: City C er � pecia�. As s i's tant Co-rpor.atian Co�ansel . . ��`i ty�omptr o ITe r In the Presence of: FRANK B. WILDERSON, JR. AND ASSOCIATES � By• . Its xts APPROVED by Council Resolution C.F. No. Dated: ' 8. . � � PART II - A SCOPE OF SERVICES A, Assist, through �technzcal assistance and training the Saint Paul Mc�del Cities Agency in the develogment of its compre- hensive evalua.ticin program, including assistance in the development oi evalua.tion techniques and evaluation instru- ments, and training in the knowledge and skills needed in the use of such instruments for the purpose of evaluating educationa.l component programs. B. Specific Tasks to be Performed. l. Assist in the development, writing, and consolidation of evaluation reports includi.ng the collection and analyses of data to be used in such reports, and the presentatzon and explanation of such reports to policy committees, staff, and community making use of such reports for the purpose of decision making. 2. Work with Saint Paul Model Cities Evaluation staff and the staff of its several cornponent projects al.ong with members of its several advisory councils in the techniques of comprehensive education evalua.tion and in decision-making techniques based upon the products • of comprehensive evalua.tion. � 2. Part lI - A 3. Assist Mode1 Cities staff in the use of comprehensive evaluation tools and in.struments in the preliminary � ana.lysis of data, in the presentation of data, and in the developm�nt of reports to Model Cities Agency staff, I�Iode1 Cities Planning Council members, and in the �areparation of reports for external dissemina.- tion of .program effectiveness. . PART II - B � BUDGET Agency sha11 bill the NIodel Cities Department at the rate of Thirty Dollars ($30.00) per hour of work performed, for a total sum not to exceed 400 hours or Twelve Thousand and no/100 Dollars ($12,000) and sha11 nat exceed the sum of One Thousand and no/7_00 ($1,000) per month. MODEL CITIES DEPARTMENT OPERATING AGREEMENT PART II - D TERMS AND CONDITIONS 1. Termination 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 actions, 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 covena.nts, agreements or stipulations of this Agreement, the Model Cities Department shall 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 termination. In such event, all fin- ished or unfinished documents, data, studies and reports prepared by the Agency under this Agreement, sha.11 at the option of the Model Cities Depa.rtment become its property, and the Agency sha.11 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 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 tha.t the Agency sha.11 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- b�lith, if any, to the Model Cities Department for damages for eac of contract. (c) Either the Model Cities Depa.rtment, 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, sha11 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.tion of the Agreement only. (Terms and Conditions) 1, (d) Notwithstanding the above, the Agency shall not be relieved of liability to the Model 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 for the purpose of setoff until such time as the ex�.ct amount of damages due the Model Cities Department from the A�;ency is determined. 3. �Chan e�s . The Model Cities Department may, from time to time, request cha.nges in the scope of the services of the Agency to be performed hereunder. Such cha.nges, which are mutually agreed upon by and between the Model Cities Department and the Agency, shall be incorporated in written amendments 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 Model 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 duration of this Agreement. Such assistance shall include, but not be limited to, cooperating in the monitoring and evaluation activities of the Model Cities Department, participating in the continuing planning activities of the Model Cities Department and generally providing advice and counsel. The Agency and the Model Cities Department may revise, amend, and/or add to the purposes and objectives by clarifying langua.ge and/or by quantifying any or all of the purposes and objectives . Any such revisions and amendments slzall 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 Agreement. Such personnel shall not be employees of or have any contractua.l relationship with the Model Cities Department. (b) All of the services required hereunder shall be per- formed by the Agency or under the supervision of the Agency, and all personnel engaged in the work sha.11 be fully qua.lified and shall be authorized or permitted to perforrn such services in 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 sha.11 be specified by written contract or agreement a�zd shall be subject to each provision of this Agreement. S. Anti-Kickback Rules . Salaries of architects, draftsmen, tech�nical engineers, and technicians performing work under this Agreement shall be paid unconditiona.11y and 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 pe�nitted by the applicable regulations issued by the Secretary of Labor pursuant to the "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 shall 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�ntractors with such regulations, and sha.11 be responsible for the submission of atfi- davits required of subcontractors thereunder except as the Secretary of_ Labor ma.y specifically provide for variations of or exemptions from the requirements thereof. 6. Pro 'ect Coordination. The Agency, by its designee, shall participate wit t e o e . ities Department in regular meetings for the purpose of coordina.ting efforts and continuing the planning of the program. The Agency shall 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 sha.11 cooperate wit 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 meetings of the appropriate Task Forces upon the request of the Model Cities Department. 8. Reduction of Services . In the event the Agency fails to fulfill t e terms an con itions of this Agreement in a satis- factory manner as determined by the Model 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 . Assi na.bilit . The Agency shall not assign any interest in this Agreement an sha.11 not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the Model Cities Depa.rtment thereto. 10. Subcontract and Other A reements . The Agency sha.11 not subcontract any portion o t e services to be provided hereunder without t�e 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 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 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 pursua.nt 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 that they are applicable. 12. Failure of Interna.l S stems. The Agency further agrees that shoul its au it, reports, or internal system of control prove to be inadequate in the determination 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 sha.11 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 tha.t at such time when the system or systems conform to satisfactory practices, it wiil return jur- isdiction and control to the Agency. 13. 0_peratin� Procedures. The Model Cities Depa.rtment re- serves the rigFt 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 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, informational 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 Depa.rtment. 15. Dis lacement and Relocation. The Agency shall immedi- ately noti�y t e o el �it'ies�epartment and its Relocation Officer if any of the Agency' s activities supported by the Model Cities Supplemental Funds or ariy 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. Maintenance of Effort. It is agreed that any funds ma.de available un er provisions o t is Agreement sha.11 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 Neighborhood. The Model Cities Depa.rtment may request docu.mentation concern- ing previous effort and expenditures by the Agency in the Model Neighborhood to ena.ble the Model Cities Department to determine if the Agency is increasing its services and the spending of funds in the Model Neighborhood. 17. EcLua.l Em lo ent 0 ortunity. During the performa.nce of this Agreement;� 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 affirma.tive action to en- sure that applicants are employed, and tha.t employees are treated during employment, without regard to their race, creed, color, sex, (Terms and Conditions) S, 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; 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 forth the provisions of this nondiscrimina.tion clause. (b) The Agency will, in a11 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 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 tha.t the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw ma.terials . 18. Discrimination Because of Certain Labor Matters . No person emp oye on t e wor covere y t is greement s 11 be discha.rged or in any way discrimina.ted against because he has filed any complaint or instituted or caused to be instituted any proceed- ing or ha.s 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. 24• Interest of Members of Model Cities De rtment. 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 personal 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. pertains, shall have any personal 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, sha.11 be admitted to any share or part of this Agreement or to any benefit to arise herefrom. 23. Interest of A enc The Agency covena.nts tha.t it pres- ently has no interest an��s all 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 manner or degree with the performance of 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, informa.tion, data, etc. , prepa.re or assemUTed by the Agency under this Agree- ment are confidential, and the Agency agrees that they sha.11 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 px•oject or activity all nonexpendable property acquired by the agency with Model Cities funds shall revert to the city. Nonexpendable property is property whieh 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 l.ike items such as chairs with an aggregate cost in excess of �100 aha11 also be controlled and accounted for as nonexpendable �ro}�erty even though the cost of a single item is less than 1U0. 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 the acquisition of property ( i . e . , agency funds or Model Cities �unds ) . 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 shall equal the balan�ae in the subsidiary costs account for non- expendable properi;y. The fiscal inventory shall be taken and reconciled with the record card annually. (Terms and Conditions) 7. 26. �Rep_o�r�t�_�s Pr_o��__1�i� r oi 1�iodel. �Jit.�es D�artmer�i�. Al.l reports, in�rmat:o y-�c-ata an �nc�iri�s ��i�f,i.ope�as a r'eSll�t oi this Agreement shail be tr�e propert:y c� th�:: Mode1 Cities Depar�-� ment, and Agency sha11 not publish nor distribute, in w��.ole or in part, any such matter caitr�ov.t the pr�_er written consent of the Director of the Model C�.ties Departmen�. (Terms ai�.�l Cond:itions) 8„ 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 information, as HUD or the City may request pertaining to ma,tters covered by this Contract. SEC. 103. Audits and Inspections. -- At a.r�y time during normal business hours and as often as the City, HLTD and�or the Comptroller General of the United States may deem necessary, there shall be made available to the City, HUD and�or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract 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 make audits of all contracts, invoices, materials, payrolls, records of personnel, cond.itions of emplayment and other data relating to all ma.tters covered by this Contract. SEC. 10�+. HUD Requirements. -- Unearned payments under this Contract may be suspended or terminated upon reflzsal to accept ax�y additional conditions that may be imposed by HUD at any time; or if the grant to the City under Title I of the Demonstration Cities and 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 ar�y flznctions or responsibilities in connection with the ple,nning and caxrying out of the Program, or ar�y other person who exer- cises ar�y fltnctions or responsibilities in connection with the Program, shall have ar�y personal financial interest, direct or indirect, in this Contract; and the Agency shall take appropriate steps to assure complia.nce. (B) rThe Agency agrees that it will incorporat�e into every contract required to be in writing the following provision] Intereat of Contractor and E loyees. -- The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Progra,m, has ar�y personal financial interest, direct or indirect, in this Contract. The Contractor ftiis�ther covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the Model Nei�hborhood Area or ar�y paxcels therein, which would conflict in ar�y manner or degree with the performa.nce of his servicea hereunder. 'IYhe Contract flxrther covenants that in the performance of this Contract no person having ar�y conflicting interest shall be employed. Any interest on the paxt of the Contractor or his employees must be dis- closed to the Agency and the City. Provided, however, that this paxagraph shall be interpreted in such a marmer so as not to unreasona.bly impede the statutory requirement that maximum oppor- tunity be provided for employment of and paxticipation by residents of' the axea. � The bracketed material should be deleted in contracts with contractors. HU D..709012—ao) 3 SLC. 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 model neighborhood axea axe given maximum oppor- tunities for training and employment and that business concerns located in or owned in substantial 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 (1) will not be any discrimination against ar�y employee or �pplicant for employment because of race, color, religion, sex, or national origin, and (2) affirmative action will be taken to ensure that applicants axe employed, and that employees are treated durin� employment without regard to their race, color, religion, sex, or national origin. This requirement shall apply to but not be limited to, the followir�g: employment, upgra.ding, 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 emplayees sha11 state that a11 qualified applicants will receive consideration for employment without re�ard 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 paxticipation 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 all 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 a�y contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at �+l CFR Chapter 60, which is paid for in whole or in part with funds obtained pursuant to this Contract, the equal opportunity clause which is a part of the labor standard provisions attached hereto. The Agency further agrees that it will be bound by the equal opportunity clause and other provisions of 41 CFR Chapter 60 with respect to its own employ- ment practices when it participates in federally assisted corxstruction work: Provided, That if the Agency so paxtici�ating is a State or local �overnment, the above equal opportunity clause is not applicable to ar�y agency, instrumental- ity, or aubdivision 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 compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regulations, and rele- vant orders of the Secretary of Labor, that it will flirnish HUD and the Secretary HU D-70 SO l 2-69) 4 of Labor such information as they ma.y require for the supervision of such compliance, and that it will otherwise assist HUD in the discharge of its primary responsibility for securing compliance. The Agency Ei0.i�ther agrees that it will refrain from entering into ar�y contract or contract modification sub�ect to Executive Order 112�+6 of September 24, 1965, with a contractor detiaxred from, or who has not demon- strated eligibility for, Government contracts and federally assisted construc- tion contracts pursuant to the Executive Order. In a.ddition, the Agency agrees that if it fails or reftiises to comply with these undertakings, the City may take ar�y or all of the following actions: Terminate or suspend in whole or in part this Contract; refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of f'uture compliance has been received from such Agency; and refer the case to the Depaxtment of Justice for appropri- ate legal proceedings. SEC. 108. Labor Standards. -- �here shall be included in all construc- tion contracts, made possible by or resulting from this Contract, with private ent�ties the applicable labor standards provisions, if the work being carried on is not otherwise sub�ect 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 �ight or more families�-x- SEC. 109. Copyrights. -- 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 reproduce, - publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted. SEC. 110. Patents. -- Ar�y discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and f�zlly reported to HUll 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 any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. SEC. 111. Political Activity Prohibited. -- None of the flulds, ma.terials, property or services provided directly or indirect],y under this Contract shall be used in the performance of this Contract for a�y partisan political activity, or to flxrther the election or defeat of ar�y candidate for public office. SEC. 112. Lobbying Prohibited. -- None of the funds provided under this Contract shall be used for publicity or propaganda purposes desi�ned 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�70� (Z�6�� A U.S.GOVEPNMENT 7RINTING O�IICE:Il69 0-7]3-042 U.S. DEPARTMENT OF NOUSING AND URBAN DEVELOPMENT MODEL CITIES ADMINISTRATION LABOR STANDARDS PROVISIONS l. OPPORTUNITIES FOR RESIDENTS In a].l work ma,de possible or resulting from this Contract, affirmative action will be taken to ensure that residents of the model neighborhood axea are given maximum opportunity for training a,nd. employment and that business concerns located in or owned in substantial part by residents of the mod.el neighborhood are to the greatest extent feasible, awaxded contracts. 2. EQUAL OPPORTUNITY A. During the performa,nce of this Contract, the Contractor agrees 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 affirma,tive action to ensure that applicants are employed, and that employees axe treated during employment without regaxd to their race, color, religion, sex, or national origin. , Such action shall include, but not be limited to the following: Employmen�, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in con- spicuous places, 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 applicants will receive consideration for employment without regard. to race, 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 baxgaining 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 poat copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with a11 provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) T1ie Contractor will furnish all information and reports required by Execu�ive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, arid will permit access MUD-70S1 12—ao) , 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 noncompliance with the nondis- crimination clauses of this Contra,�t or with ar�y of the said rules, regula- tions, or orders, this Contract may be ca.nceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for flirther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, 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.graphs (1) through (7) above e.nd paragraph B below in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant 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 any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes in- volved in, or is threatened with, litigation with a subcontractor or vendor as �, 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-Segregated Facilities. The Contra.ctor 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 pea�mit his employees to perform their services at ar�y location, under his control, where segregated facilities axe ma.intained. The Contractor covenants that he will not maintain or provide for his employees a.r�y segregated facilities at ar�y of his establishments, a.nd that he will not permit his ev�ployees to perform their services at any location, under his control, where segre�ated facilities are maintained. As used in this paragraph the term "segregated facilities" mea.ns ar�y waiting rooms, work areas, restrooms and washrooms, restaurants and other eating axeas, timeclocks, locker rooms and other storage or dsessing areas, parking lots, dxinking fountains, recreation or entertainment axeas, transportation, and housin� facilities pro- vided for employees which are segre�ated 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" ma,y include an'bperating Agenc�' as defined in the Gra.nt Agreement and an"A�enc�' as defined in the Supplementary General Conditions. HUD-7051 �z-e4� ' 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 an`y 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 axnounts due at time of payment computed at wage rates 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 ax�y contractual 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- pated under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics axe 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 more than a week],y period under plans, flznds, or programs, but coverir�g the particular weekly period, are deemed to be constructively made or incurred during such week�y period. (ii) The Contracting Officer shall require that ar�y class of laborers or mechanics which is not listed in the wage determina.tion and which is to be employed under the Contract, shall be classified or reclassified conforma.bly to the 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 pe.rties cannot agree on the proper classification or reclassification of a particulax 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 minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay a cash equivalent of such a f'ringe benefit, an hour],y cash equivalent thereof to be established. In the event the interested paxties cannot agree upon a ce,sh equivalent of the fringe benefit, the question, accompanied by the recommend.ation 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 m�chanic the amount of e�r costs reasonab�y anticipated in providing benefits under a plan or program of a type expressl,y listed in the wage determina.tion decision of the Secretary of Labor which is a paxt 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 obli�ations under the plan or progra.m. HU D-7051 l2—eo� R � (2) Withholding. HUD may withhold or cause to be withheld f�om the Contractor so much of the accrued payments or advances as may be considered necessary to pe,y laborers and mechanics employed by the Contractor or ar�y subcontractor on the work the flzll amount of wages required by the Contract. In the event of failure to pay ar.�y laborer or mechanic employed or wbrking on the site of the work, HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of ar�y flirther payment, advance, or guarantee of ftiuids until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and ad.c7.ress of each such 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), dai�}r and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretaxy of Labor has found under 29 CFR 5•5�a)�l)(iv) that the wages of ar�y 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 communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (ii) The Contractor will submit weekly a copy of a11 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 A�ency 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 payroll.s axe 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 submi.ssion 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 ar�y subsequent payroll of a copy of ar�y findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of pay- rolls for a11 subcontractors. The Contractor will make the records required under the labor sta.ndards clauses of the Contract available for inspection by authorized representatives of HUD, the City �r the A�enc� and the Depaxtment of Labor, a.nd 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 prog-ra.m registered with a State apprenticeship agency which is recognized by the Bureau HUD-7051 iz—es1 - 5 of Apprenticeship and Training, United States Depaxtment of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Depaxtment of Labor. The allowable ratio of apprentices to �ourneymen in ar�y craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered pro�ram. Ar�y employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classifica- tion of work he actual],y performed. The Contractor or subcontractor will be required to flirnish to the Contracting Officer written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using ar�y apprentices on the contract work. (5) Compliance with Copeland Regulations (29 CFR Part 3). The Contractor shall comply with the Copela.nd Regulations 29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. (6) Subcontracts. The Contractor will insert in ar�y subcontracts the 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 ar�y lower tier sub- contracts which they may enter into, together with a clause requiring this insertion in ax�y ftiirther subcontracts that may in turn be made. (7) Contract termination; debarment. A breach of clauses . (1) through (6) may be grounds for termina,tion of the contract, and for debarment as pro- vided in 29 CFR 5.6. 5. CONTRACT WORK HOURS STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for ar�y part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit ar�r laborer or mechanic in ar�y workweek in which he is employed on such work to work in excess of eight hours in ar�y calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of . eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (2) Violation• liabilit for un aid w es• li uidated d es. In the event of a.r�y violation of the clause set forth in subpaxagraph 1 , the Con- tractor and aqy subcontractor responsible therefor shall be liable to ar�y affected employee for his unpaid wages. In a.ddition, such Contractor and sub- � contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District MUD-JOSI (2-69) � � ' 6 or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each ind.ividus.l 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 hours or in excess of the standaxd workweek of forty hours without payment of the overtime wages required by the clause set forth in sub- paragraph (1) . (3) Withholding for unpaid wages and liquidated damages. HUD may with- hold or cause to be withheld, f�om ar�y moneys payable on account of work per- formed by the Contractor or subcontractor, such sums as ma,y administrative],y be determined to be necessary to satisf`y ar�y liabilities of such Contractor or subcontractor for unpaid wages and liquidated dama,ges as provided in the clause set forth in subpaxagraph (2) . (4) Subcontracts. The Contractor shall insert in ar�y subcontracts the clauses set forth in subpara�raphs (1), (2), and (3) of this paragraph ancl also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts whic:� they may enter into, together with a clause requiring this insertion in ar�y f�rther subcontracts that.may in turn be made. HUD-7031 �:-d�, Huo-wa.�., D. c. 236133-P