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255784 OINGINAL TO CITY CLBRK � ` • CITY OF ST. PAUL FIOENCIL N -. - " OFFICE OF THE CITY CLERK '' COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DAT� RESOLVED, Tha.t the Council of the City of Saint Paul does hereby approve Operating Agreement between the City of Saint Paul� acting through its Model Cities Department, and Independent School District No. 625� a copy of said Agreement being on file in the Office of the City Clerk; and be it FURTHER RESOLVED� Tha.t the Mayor� 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. FORM P 0 D: ...__ Ass r ration o r�sel SEP 22 197'1 COUNCILMEN Adopted by the Counci� 19_ Yeas Naya g E p 2 2 197� Butler � pprov 19� Levine Favor Meredith '1 Sprafka U Mayor A gainst Tedesco Mr. President, McCarty ; PuBL�s�v SEP 2 5 197i � � � � �.c; r. ��r�r� � N _•r. . �c��"�8 4 `I.'H1S AGRI,?�;_r•�El`1T; I°1L�dc and. er.i��cred i_nt:c �his ciay o� 5 ]_971$ U.y al�d be��•7ee;z tize C:i�� or �'i:i�t Pau1_, �:�ci�_iiz� �"'r��' �;el Cit��.es Depa�i-t=rr,ent,s hereir�.:<.fi�er.� refcrred tc� as t�i�=�1��= zi�: ��o�. "I�ioclel C:�.t.i�s Depart.m�r.t"9 and Independent School District No. 625, ller_ci_;.-►a�i�er ref�-rred L-o as "A�ency"; - T'27_TI�'I?SS�'1H: � . 1;'I-IERLASs The Mode1 Cil�ies Depar_tment on th� 23rd day of E.pr_il5 i971, rcceivcd a �r_ani� u�zcier th� United Si��_tes DLpa�_t=mez�t: o.r Haus�_n�; and L'rb�n Development Dernonstrai:ion Cit}T a.nd I��etr_opol�_i�an . De��el.o��n�-r.t Act of ]_966f Tii�le I, said gra,zL des�_�lzated as G�ar,t No. I�i��2?�-G03; anu . 1��IITREt1S , Pursuant to said granty Madel C�_i�ies DeparLm�;:Lt zs underi�akiil� certai_n activities ; and j��HEREAS S The Node1 Ci_ties Departmen�, c;es:i_res to en�age thP l��;e�zc;� to a��nder: cerLain assistanc� in such undcr��?:i1�.g �;�rsuani� to a��d in campliance ��r_i_th the Grant No. I�1L•-2?_-•OU3; 1�Qi�7' THFP,EFOP.r� THE 1��ODEL CITITS DrPARTi�'IL:1�1.' Ai�]� 'I'.1]; l��F:�'CY L10 A4tl'iL1!�LLY liGREL, AS FOLLU�dS : . A. Scope of� Services: The Agency sha7_7_s ��7ith:�n t�h.e. Si��t�:!��ifi.w Uni�Tel:s:i�y �^1od<�1 T�eighl�orhoou , in a satisiactcr�T ��,.d p�_oj�t.r il�r_�-r.��.r,r5 as dr-�teLmin.cc3 b}� T�todel Ca_ties D�partm�x�t anc3 un:3c�r 1�1�� d:i_rec'�:i_or� . of tl�.e T�:o;3e7_ Ci_t.:.�_�s Dep��tmcz�ty p�rform tliose �.cti_vit��.es sci: a:c�r�l-� ?_23 t:.?1£ ai�tacl:ed 1'ar_L II �nd �ha11 per�orrn th� aci.iv3_i.i.es �•aii�lz:i.n the �i�ne�able set forth a_n Part TT. 13, riindi��: (1), Th.c Agency sha:i.l. commence p�r_for��nce of L]�:i_� cont�racz on the 10th ��ly of �Se,�p tembex p 1��,.: ��11� sha7_1. coml�let� per�ori?k�nce no late-r t:l�aii�t'�ie 3pth� d�y of ,Tur..� ��. �, J_9 7 2 . (2) 7i� is e>c��ressly u.i:derstood �.nd �a�reed t�haU in ��o e�Tcn�: �Jl�.i the total amounL- �o b� paid b}- �i�-e I�lodes C:i_i::i.c�„ Dep��-t=me��t i:o i=]�e A�e7�ey ur�c��r �his A�re�me�zt exceec3 L}�.e st�.n of $ 3:;°, g00.00 for full aizct con�Plete � sa�::i_sf4�ct��_y )�E;L�07_]I1�1lCt^: :i.�1 acco.r_c,<<zZCe �,?i_i�ll 1�hL bud�;et at�i:achc�c3 to this �1�;reem�nL iii Pai-L T:L 4 �r.�d ii7 no c:vc�?Zt shall exr.;ceci Lhe ai�otint o�= FecleraJ_ fu;:�cl� rc�ceivc�d by P1odc�l Cit:i�s Dc}��;-i_t:l,��!� i=r_om i.he �:��p�.°rt.menL of 1�ousi_n�, and U?-Uan 1_;evca.oj�s��c�nt.• (liU��; f_or tl�;s projcc�, puzsua�zt. , � r � � . . . .. . � . 1 to thc I��o�_e'. Ci_ti.c?s ;)ep�i-�ttn�sizi�' s Co��tp:�chensive Tirst Year tici.�on Pla;� as approved by IIUD. (3) Ilexibz.lit;T :i.z�. ��d,J,et: /�r,er.c�T sha]_1 trk�.ke expendit�re�accor_ izi� to� tI-ie lirie ii�ems as set fortlz in the attacl��G� 3311dg��. A11 proposed �:�rc��dments to t11e Iludget mus+�- b�, submii:ted to the i��lodel C�_i..:i.es DeparL-merit for rev�_ew. a) Agency r:�y a.merld the l3t�d�et line i_ten�s �,7ithout �odel �ities Dc��al-i�ment ' s G�,riLtc:n appr��cTa.l under . the �0110��,-�i��g circurr�sta�ices : i) The revi.s:�on of a Iinv itenl do�s not con� stitute a substanti��.1 chan.ge in program objectives; and � ii) T}ze revision of a 1in� item does not con- stii�ute a chaz�.ge of more than 10% of the line item or 5% of the total Budget. b) Agency r��:�y amend the Budget as f_ollo�as on.ly upon the prior ��ri�ten approval of the r1�d�1 Cities D�pari�ment' s Director: � . i) The revision does not constitute a substantial change in pxogram objecti_ves, and t:he tx�risf_er af onc 1��_ne itcm �Lo unother line item does not � constitute a� change of more than 15% o� the _ line item or 10% of� th.e total ap�roved Buclget. ii) The revision of a line item constitutes a change of more than 10% of i:he line item or mor� than 56/0 of the toi�al. �udget. c) The follo�ti�ing amendments require a Contract amendment and «ritten aPproval of the Mode1 Neighbolhood Planning Council and the Saint Paul City CounciZ: i) The proposed revision constitutes a substantial change in the program objectives, the scope of services set forth in this Agreement and/or the work program; or ii) Any change �ahich would cause the total amouni: of the Budget to be exceeded; or iii) Z'he transfer fr.om one line item to another line item would constitute a change of� more than 15% of the line item or more i:han 10% af the t�tal Budget. 2. � � ' . . � (iv) The ch�ng�s i_n p},�, sica�t loca�ion of ��pproved project �-;-ou1d �r�f_s�rict t�1�..� p�,�rticipation of Model T��_�hi.�ox�hoo�1 residc��ts . (4) Subject to the r�ceiPt of f:t��.cls f�-om the tlnited S tate s Dep�r�«.ent o:E ��aus i_r.zs:; and U r ban Deve lop.ue�zt, the Moc�el C:.�_i�ies Dep��1'L�T't`�nt s17�.�_J_ make p��T�r�ent und�r this Contract in the toll.o�ai.n� �i��i�ner�_ The Agency shal.l presE�nt� te 1.�ioctel Czt_i_es D:�partment . a.n ite<<ii��c.cl requisitl.ori for_ (r�o7zLiz1�,�} (��;��r) reirn-- bursemE�n�, ii� for.�� P.roved by Made:L Ci�ies Departrneni� and the Cit�% Comptrol7_er. Req�uisiti.ons slial_1 se't, forth tlie disposition af a.mounts sperit d�aring i�he preceding (month) (q�� i�ogether_ �ai�.h ar.z estimate of e�: enses to be in- curred d�zring tli� next succee�i.ng (;�iont=iz)�(x�� , with refe�encE� to expens� c�.tegori.�s as set f_orth ixz i�he atL-ached Budget inco�-porated wi.tliin T�ar4 II . T�o�el Cii�ies Department .o�ill ma.�:e paymen�L to the Agency withi�z 30 days after rece�pt of tl��e requisiL-ion, af-i.er havin� rev�_e4aed and aP1 r_ov�� the requisitian. F,eq�isit.�..ons stlall inclur�e the fo7_1o��ing categories : � (a) Pe-rson�riel (Eaag�s9 fringe benef_its) � (b) Consultants (c) Space reni�al � v (d) Travel (e) Consu.ma.ble supplies (f) Equiptr�ent�-rental, lease (g) Other costs . (5) The A�ency shall maintain verificati_on for all ex�� penditures including, but not li.mii�ed to, time sheets, invoices and receipts, and shall keep and retain such -documeni�ation for the period of time that is required to maintain its records �iereunder. (6) No r_equisitions shall Ue fi_11ed if, at �he i�im� it is made, the Agency has more than 4°jo of_ the total Model Cities Department funds allocated under this Agreement on deposit in its depository. C. Independent Contractor: ;�or the purpose of i:his AgreemenL-, the Agency shall, be deemed to be �.n independent contractor, and not an employee of the City. Any and a1.1 emp�_oyees of the Agency or 3. . , , - . . _---•-- �• , or cther persons, ��hile eng�_ged in the �c�=f�rznance of a�:iy �vorlc or - services requ:i-red by i.l�e l��c�ncy tinder this Agr_eemenL, shal:l not be considered en�ployees oL the Citys and any and a11 clainls that ma.y or mibht a-r.:ise under the �aorlcu�cn� s Comp��sation Act of r7in��esota on bel�,.alf of saiu em;�lo�rees or other pe:rsoz�s �ahile so engagec�, hosp��.taliz,:..t7 on insuranc� coverages, Social Security and pension pa.S�ments an.d b:.�n^fits y ot.��er emplo°yree ob]_a_gations and bcr.e- fits, a.nd a��y and a1.1 claims n�dE� by any third paxty as a con.se�- quence of anST act or om�.ssicn or� tlze part of th� Agency, the �mp1o>Tees or oi�hcr persons wh-i 1 c so en;��;c� on ��n. y ot the �,7o�-l.z or � servic�s to 1_�c, renderec:�, shall ir� xia �vay L� i�he obligation or responsibility of the Cii�y. The Agenc�T sha11 pay. as they become due all just cl�ims for ti�oric, too1�, T11a.Cr111�21�Ty skill, mate-ri.als, insurance prem.iums, equipmeni� and supplies furl�ished, render_ed or perfoz-med in the execut�zon of this Agreern:,nt. D. No D�_scximinatior�: The Ageney sh�.11 be de�med a contractor for the app�'ic�tiozi o -..�� Provisions hereo� and Ia�as against un� ia�.�ftt1 discrimii�ation on account of race, creed, sex9 age, or color hereunde-r. The Agency agrees 111 acco-rdai�ce W1LI1 Cha��ter 238 g Laws o�' the State of Minnesota for 1941p tl��,t in the hiri_ng of coFrunon or skilZed labor. for the performance of any ��ark under this Coni�ract or. any sul�contracl, hereundery r.;o cantr.uctors material sc�ppl.i_er_ , or vender sha11, by reason of raceg cLeed or colors discriminate against any person who is a citizen of .the United States who is qualified ai�d avai 1ab 1e to perf orm the �aork i:o which such employmen.t re late s; that no contractor, material supplier or vendor under this Contract sha11 in any manner discriminate againsi�, or intimidate, or prevent the employme�.zt of any person, or on Leing hired, prevent, or con- spi-re to prevent, any person frorn the performa.nce o� �aork under this Contract on account of race, creed or color; and that this Contract t�a.y be cancelled or terminated by the City, and a11 money du.e or to become due hereunder sha11 be fo-r�eited for a secon.d or any subsequent violation of the terms or conditions of this Contract. This Contract is subject to Title VI of i�he Civil Rights Act of 1964 (P. L. 88-352, .approved July 2, 1964) and i�he rules and regulations (24 CFR, SuUtitle A, Part 1) , issued by the Housing and Home Finance Agency pursu.ant thereto. E. Indemnification: It is further agreed that the Agency shall defen an save tie City of Saint Pau7_ harmless from any claimss der.lands, actions or causes of action arising aut o�' any riegligent act or out of any negligent omission on the part of the Agency, its agents, servants, or employees in the .performance of or taith relation i�o any of i�he �vorlc or services provided to be per- formed or furnished by the Agency under the terms of this Elgreemen.i:. 4. ] r . ♦ . - F. R�si.dez�t Fmpl�oyr�.�nt and Trair�ir.i� I�equirem�nts o Seci�ion -.'.�--�._.�.�,�___.. ._._z__.. 103(a) of t�e DemonsLrati.on ��zties and �1e��ropolitan Development � Act of 1966 requires thaL- a comprehensive city demonsi�rai=ion pro- gram provicl� "%, %� %� m�ximul�n opportunities for employTing residcnts of Lhe area in ��11 pl��ses of the program and enlarged opportunitl_es for �aork and training" and that it "%� %; -', make marked. progress in reducii�� %', %', %; �.xnderemPloyment and enforced �_dleness %'� %', %�. " In the p�r_f_orrna�zce of this Agreement, the Agei�cy sha11 comply �,�ith alt re��i�-e�ents of HUD pertaining to its g�n;ral po.licy on ernpla�T�ne��t aTld �rainii�g of I�Iodel_ Neighb�i;-iood %esid�nts in al1 jobs generated by this Agreement and the submission requireme-nts for the implem`T.-i�ation of Lhis policy, as set forth in HUD Ha�.zdboolc MC 3160. 1, Mode�i Cities �mPloyment and Training Requ.irements (CDA Lei:ter No. 17_) . - Agency sha11 include these provisions dealing with Resident Employment in all of its operatinb subcontracts . Agency agrees to comply with the Employment and Training goals set fo-rth in the Saint Paul Mode1 Cities Resident Employment and Training Plan, as set forth in Part II hereof. t,Titlzin ��_�_� days after the execution of tl�is Agreement, Agency sha11 submit�or_ approval an employment plan together with specific employmen.t and tr_ain.ir�g goals for the implementation of this policy. In the exe�ution of such plan the Agency must d�monstrate m::�.rlced �iagress towar_d specific goals in each succeeding phase of the program. A11 positions gene-rated by this project and Agreement and a]_1 posi.t:i_ons becoming vacant sha11 be filled by Agency by Mode1 Neighborhood resideni�s . All such positions of em�loyment sha11 be listed with i�he Model Neighborhood Emplaymen� Center. Only re- ferrals from the Model NeighUorhood Emplayment Center sha11 be accepted for employmeni� by the Agency. Agency shall not make any exception ta these provisions unless the Agency is granted a waiver by the rlodel Cities Special Review Board. If the Agency desires such waiver, it shall ma.ke written request therefor to the Model Cities Special Review Board and shall set forth the follotiving information: 1. Reasons for th�� need to deviate from the resident employment requirement. 2. Recommendation and alternatives as to how such positions should be filled. Upon entering into this Agreement, Agency shall suUmit,� in writing, a listing of available jobs with a job description and 5. � , � salarST range for each position. Eacl1 job descriPt�on sha11 contain a definition of i�he positioz�, examples ef du�ies and minimum qual- ificat�ions f_or the position. Job desc-riptions are subjc:ct to revieGa and appro��al of the Model Cities ll2partment. . Within thirty (30) days after eaecutian of this Agreement, Agency sha11 develop for revie�� and appxoval a spec�_fic program to upgr_ad� �Iigible, potential and interested employees in each pa.ra- profess:i.ona.l job c7_assification. Th�_s u.Pgr�.din` sha17 be design.ed to lead i�o greater responsiLility �r full proies�ional status, and thos� employees so upbraded shall be retaineci in pro�essional leval posii�ioz�s as such positions become avai7_able through staff turn- over, expansian or. new program development. The i�raining procedures tai11 L� designed tc, remove identified iTnpediments to hiring and upgrading of disadtTantaged I�1od�1 Iiei,ghUorhood residents and provide them with occupational mobility through seniority, i_nter.agency transfer agreements, civil service s�atus, union membership or other prerequisites to such mobilii�y. Agency shall show how ii� plans to remove or ease significant merit system impediments to the employment of d�_sadvantaged Model Neighborhood residen�=s in such related jobs . . Agency sha11 designate a staff inember as Training and Develop- ment Otfic�r to be responsible for development of t;rainin� pr_ograms and �mploy�.bility developmeiit plans for al1 employees . An �mploy� ability llevelopmen.t Plan in writing sha1l be developed with each employee using behaviorally defined objectives . C�Tithin thirty (30) days after execution of this Agreement, Agency sha11 submit to the Mode1 Cities nepartment grievance procedures to be followed by the Agency and available to its employees . G. Terms and Conditi_ons : A�ency sha11 be subject ta and shall comp y wit a terms and conditions as set forth in the attached Part II . Agency shall include similar t�rms and conditions in al1 of its contracts with other agencies in the perf_arma.nce of this Agreement. . H. Su�lementar Conditior�s : This Agreement incorporates the "Mode�iL� ties A mlr�isi�r ia on Supplemeni�ary Conditions for Contracts with Operating Agencies and Contractors", HUD-7050 (2-69) which is part of the ati:ached Part II . When the term "City" is used therein, it shall mean "Mode1 Cities Department". The ' Supplemeni�ary General Conditions sha11 be incorporated in all con- tracts between Agency and its contractors. - , 6. . � I . Administr�tive L�3bo.r_ �+��za:,�iard� � 'I'liis Agreement incorpor-- ates the "�1oc.��Cit�_es Eid�i�.�i�istraL�i�oc�A�La��or Standards 1'rovisi_on" - HUD�7051 (2-69) � wliich is part o.f- i�l�e a+�tuched Part II . [�1}zere the terrn "City" is used there�_ns %t si�all ulean "Model Cii�ies Department"; and ��;here th� �.erm "Contr_acL.or" appears i�l�ereins i.t shall t�iean "Agency" , 7'hese Labor Standards s}�aI_1 be incorporated in a11 contracts between th� /�gcnc.y and its con.traci�oxs s J. Recor_ds .; Re�orts and�Tnfo-rrnati�oz�: Thc �gency shall be �f�._.�. resPons:ib�e io�- t►_;.e malntei;:�n�e oi :rc_carci� ar�d accot�a:�t�s y inclt�ding property, pe:csonnel ar�d Lin�ncial �.��co:�-ds adec�izaLe to assure a proper accounting for al1 project �ur.�cls, Federal and/or. nonp Federal. These recor_ds wi_il be rr��d� a��ailab7_e f_or audit to repre- sentatives of the I�lodel C_�tzes Depar_i.ireni�, th� Un.ited S��tes Departmei�t of Hausing and Urban De�rclopmezzt, the Co��ti:oller Gen•- eral oi �.he United States or any authorize:i representatives of �.ny or all of t}.zese aoencie�, and will l�e . retain�d for th.re� years after th.e e�:piration of this Contraci� unless -,a-rii�te� �per�nissio�-� is given for �heir clest.ruction by Mode1 Cities D=�partm��nL and the SecretarjT of the United States Departm��t of Housing and Urban Dzvelopm�nt. Agency sha11 furnish such statein�nts q �-ecords, reports an.d information as is called for in the Model Cities D�pa-rtm�_nt daLa repor�ino p<�.ckaoe9 �ahich is incorporated here�_n by xeference and m�.d� a p�.rL her��fp and such oth�r fo-r_ms ��s rnay from �iin�� to tirn�� be required of the Agency b�T the D�partment of Housing and Urban D-�velopmen� an�3/or Mo�el Cities Department. K. The Agency shall provide infori�tion to the M��3e1 Cities Department for purposes of evaluation and c��n�i�zuaus planizing ° pursLant to a monthly reporting sysi:em. Th�_s reporting system shall include: a Output Measure Report (monthly) - b Output Measure Report Narrative Report (monthly) . c Agency Statement (monthly) d Participant Beneficiaries Report (monthly) e Project Iti�ork Program (monthly) f Budget and Output Measure Forecasts (monthly). g Narrative Report (monthly) L. Work Pro�ram: Within one month following i�he execution of this Agreement, t^Fie Agency shall submit to the Model Cities Department, for its approval, a Worlc Program setting forth how the ' Agency will implement the scope of services as set forth in this Agreement, and including the follocaing: ' (a) Job Description for each staf� position 7. t r ' (b) Timetablc for ]-�ir�_n� staff (c) Detail_ed descr��_pt�_on of the tasks to be undextalcen (d) Methods by wi-�ich �he sllccessful completion of these tasl;s ��Yill be acl.�:ieved (e) Timetab]_e for such completion. II� �dYTNESS �tii?-IEREOF, The par.t�:i.�s have caused this A�reement to Ue execui�ed �che day a�r.z� year .f_irst above �aritten. CITY OF S�TNT P�UL Approved as to I'orm: MODEL CTTIES DFPARTMENT �cia��sisi�ant � yor Corporation Counsel_ � irectol Approved as to rorm & Execution: �tt��r c pecza �ssistarit Corporatio� Counsel . . lty omptro�ei�^.� In the Presence of: INDEPENDENT SCHOOL DISTRICT N0. 625 By: Its � ' Its APPROVFD by Council Resolution ' C.P'. No. ' Dated: ' 8. F. t � b Timetable fo�- l,�_.r_:i_n� sta.f� c Detail.ed desc:��_pL:ion cf: the tas;:� to b� undertal:en. d Methods by w}-�ic}� i�he successit:,.l co;n�;letion of these tasks �ai:Ll be ac}l:i.eved _ (e) Timetabte �01= S11CY1 con�plei.ion. IN �tiTITNESS t-tiiI1T'P,E01�, The p�a-�a_es 1-ia.ve ca��sed i�his AgreeraenL to be execut.ed thc, day ard ye��:r first abav� ��:ritt�n. CITY OF SnINT Pl�.UL Approved as to I'or�n� AiODEL CTTIES llEPARTi��T peclaTrAssi ant _.. , ��_ Corporation Cou.izsel irector �`� Approved as to rorm & Execution: � F�ity er c SPecia ssistant CorPoration .Cou.:Lse]. . . ��G�_t��ornptro�"fT�er In the Presence o�: INDEPEN�ENT SCHOOL DIST_RICT N0. f�25 BY°� . Its � . - Its APPROVED by Council Reso'lza.tion C.F. No. Da�:ed: � � . . P�iR'T II - A Scop� of' Services Project: Kinder�ar�en and First Grad2 Demonsfratian Froject Prograrm; Supportive Education Program Administering A�ency: �t. �aul Indeper.uen�, Schoal Di�ts�ict .#6�� The Administer.ing A�ency �hall within the t�odel. Neighborh��i, in a satisfac�ory ar_d proper manner as de�ermined by the Model Cities Department, perform the �ctiviti.es set f�rth below: Purpose and Objectives: . a. To provide Model Neighborh�od chi'ldren with. a pro�ram ca7.culated to contii�ue 'their �ducationa7. rnomentum gained from their experiexzcc in Head Start or Pre-Sch�ol Pxogram�. br To assist Niodel Nei�hborhood children by diagr.osing and treatin.� deficiencies ir lan�ua�e, riumber conceptsS verbal skills, physical state, psycho-social state, which woult� h�ndicap the ch�ld in achiev- ing a. successful performance pattern at the primary level and, cumula-• tively thereafter. c. i�o aim the program at alI pub�.ically stxp�;orted kinder�;arten arzd .first �r�.de classes in the Model Nei�hborhood, d. 'Po better utilize the strer�gtns o�' teachers and teacher aides by r�ak�_ng possible a stnall pupil-teacher ratioa Content azid Operation (klork program) ao Ti1e project will opera-te at N:axfield, iroe�ster, and Ha.11 schoal�. b. Maxzmun c].ass size per teacher wil� �e fifteen {15) students. . c. There will bE a total of f�rty (40) ciasses or groups. d. Curriculum mod.ification: The intent of this comronent is ta provide additional instruct;ion for all kindergarten and £irst grade childx�en who attend the publi� schools in the model ci.ty a�tendance area. One additianal teacher �nd two teacher aides will be placed i� each kindergarten an;� .£isst �-rade classroom Uf 30 stuaents with a maximun of 15 s�uder�ts zn �i zr_structio;�- al groug. The current pr�gram wi11 be �ffected by this additional personneJ. in one of two wa,y�>., i�irst, 7 n schocls which have c�assraom space anci the combine3 number of A. M. and P, Mo Kindergartcn children is small enough to be accommociated in a joint session, the school day will b� a.ncreasec� by apnroxi.mat�ly tw� hours. Second, in �chools which lack ciassroom space be�ause the combined n��tmber of A. M. �.nd P. M. Kindergarten children is too l.axge 'r,o he accomodated iai a jnir�t session, � the addit�.onal s�caf� �vil1. �aork wai;is po�;�Tzrj.ally ediacRtionally dis� �.dvant�ged youn�;,�r`=��r� �.�iti:i.� *Y�e x•n�:l��• cl.assroom. In both Kin�ergar�en an�: a'i.rs;; �ra�e learp:�_ri� c.+.��4��..r.on�entsS it is antici- pat�a tha.t this �n:r�o:�e�.�� v:ii.�. �rov-i dc� � mare c�raprehensive devela�,men� p�o;;r�.�:. :�z; fhF. ��L alc��3:�. a��as. It is bec�use of 'che lack of campetency ii, ±hese Ukiil�; t;�a..��; Y�att;e:�rs af learninu difFicultiAs develop in tl:e subseque��t �rimar,y� anrz i.rLermediate grade levelsm e. Provide consul�:ant services of a speech the._�a;�is�, a ps;;chaLogist, �. school_ nurse, a sc�ool socia.l worker, a hUnie economist to help iM- p].err;ent s�eca.��l rrograms to preven� learning problems. t3elow is a possib�e c?�xriculu� �,nd �ched.ul.ee i'inal schedule and curriculum wil.l approveci �f the Advisa:�;; C;;::�:n:�`t�e... In considering �he implemer.tation cf. a �roject �'<.;.�ow�`i'hrough type �f progres� at ?�S��cfield, Hill and Webster schoolss I s�;�r�it the f��lo�:a.ng as a su��ested cur•riculum o 15 chil�ren per class Program: 8:3Q a. me - 1:3C� pa rn. • Curricul.um; math �roup art work stories readiness r_:usic poenis � lang�ua�e phy�ical educatinn class discussi.on scien�e lur.ch social studies individua� r,ork r.est Thi� program alsr involves such thin�s as field icrips, resoarce peopie and mucY� tear.�-teachin�. t?ur progr�m will approach the thirt;y children under 2 teachers as a �oupp rather than as �"iftE�n pu��.1s, or.e tea��h��rr Booi;hs: 1. ni;mber•s 5. creativity Gecti�;n �reward) 2. read�.ness Fkii_.ls 6. games (rek�a.rd} 3. language arts 7o books and 6tOT•iES (s•eward) 4. science cornex Fach chil.d wil�_ have a pre-schQduled t�sk to do ?n hit� �ootl�b The task must be completed to 'r.Y�e best af his a�i?it,y befo?^o moving c�n ta a=other -task. :Ir�divid- ual records wiI]. be kept i.n each beot� of FacY: ck:;.l.ct°s px•c��res�. To attai.l suc-- cess in this facet of th.e pro�ram at I.ea�t �ne t'u11�ti:ne aide �Pr class wwll be requirPdo Also, aadit:or�al SLD :ieip �ai11 be needed� Schedule �: 8:30 - g:00 Onenzng activi.tie� (po^in�,, soci�l studiess scienc�) 9:OQ -- 10a00 Sesame S�reet (T.Vg) 10:00 - 10:�0 PI�,y peric��l 10:?0 - 10:50 Peabody 7�anguag;e �rt d�:v�l.cpment lo:5c� - li:Z5 R�st 17.:1� - 11:4� Lunch 11t45 - 12:00 Rest . 12:00 - 12:30 i�ork pericd - - 12:30 -- 12:50 Nusic 12:50 - 1:10 Story and fzlrns 1s7.0 - 1:30 Jasmissal The above Schedule A will begin in Septembe� until children. are x•eady for more formal activit�es . Schedule B� (this �nrogram wiZl �"o?lo��, ScheduJ.e A, a� children �re ready for the m�re structured Sch�dule B. ) �2_ �:30 r 9:c�c O��e;�ir,g activa�zes 9:00 - ��30 I:eading , 9:30 - 10:00 Free �ctivzt� 10:00 - 10:30 Pea.body Langua�e deve�.opmea2v kit instru�tion ].0:;30 - 1G:5rJ ma'chematics Z0:,50 - 11:15 story 1].:�j - llF4� Lunch �.1:45 - �2:00 �PSt _ 12:C0 - 12:?_� I�agic Circ�e 12:�0 - 12:55 Art activity 12:55 - 1:i0 t�ius i.c � 1:10 - Iz3Q Dismissal The following work wil� be done ufter the 1:3Q dismissal till �he end of tk�e school day: Planning � - Research I're�aring and malcing maierial.s Parent conferences , , . Sv ac��Liv� �,c�lac�tic:nr�l P�v�c.�t ��L_..__._._�___.___.___�.__ ,�_Y._ A:lvisot Cn��ttce -- —-- -�- - �----- The pur�or;e o,` the �:uc�tior}�,l 1'z•oje.^?. ir� G�.> i�n,�rove the pr•e:�ent educati<�nal. deliver�y ey�tem to adequat�l,y meet t}�e need�s o`,' the students of the model neigh- . boi•hood. The �raject, iU de:>i�nr�d to r:uE�plement tl�e present educational progr.am by innovative �ro�;ra�s. �ch CCS'ei1�0I1E_'1'lt cf tlZe pr�ject is re].ated in some way to every othe?° component so tr�at each ::om}�at��_nt �i�es str�ngth and reinforcec,ent to ti:e tota'� pr�o�ectn l�,e .zdviFS�rv co�rnittee will �erve t}ie to�al project. The co�mm�.t;tee xill consi.st of +_�ra Frafesrionril educators representing the St. F'�aul Bot�rd OY Fi�:1CR�10:1� t.wo cnembers of �hp F.ducational Task Force, one rnrmb�r• of !�NPt;, ociE me�Lc•r of the Model Citice> :��r�f'f, anc� c�r.� p�renL from er�ch elementHry s<:haol. Selecti�n Yrocedure for P�rent Repr�sAnt�tives Five noarineeR (pe�rentsl wiil �e recr�.i.tec3 by the �ucation�xl Ta�k Fox�c�^ frorr� e�ch eiemer.tary �ch�a1 in the Moael ;Ieigi�borhooc3 A.rea. F:ach parent will be int�rviewed by ths Fduca*ar>n�l. Task Force with �he final dec�.sicsn of �arent rePr esentative� being mxcie by the E�3uea�i.onai Task rorce. - /, , 1 Suppor•ti.�c= �,dacatianal �ro;jc�;� [�f?2":3Gf'f:1i±1 �O;TIt7ii i'�E3e A committee 4r �3P0°es�:i.on�is fro:r t?�le 5t. I=r�u]_ Denartment of Edu- cation �nd representative� of p'�`;��C w�Z? :'c�rm a coLnr�ittee that will inter.- vi.ew se]Qcte� c�ndidat�� f�r positions. Thr�;e (�) rrjnc�idr�tes G,rill be recorrmPndecl to thc Superin±end�nt of c;cnoo2s who wiil r�sk� a recommendation ta the Foar� of Lducatio*�. The corninittee t�ill. l.e ;,tr-ucture�' es fo7loxs: 1 Prof�ss;.onal Ediicator working with A;odel Ci�:ies 1 Repre�entatiu� f'rcrn the Persorinel T�ep�.rtment of the St. Fatil Sch�als 1 Rc��?re�entative fr°<?�� Maael Citi�s EducFx�ion Task I'orce 1 Yx•incip;�I '! MNPC Hepres�ntar�v� . 1 pil`IPG :;taff' F�egres�nt�tiv� Al1 applicatio�s rri].l be review�d by thir; �ereonnel committ�e. This personnel cor�m3ttee wi11 s�rve a.1I thE Su�pori:ZVe Educa�ion Projects. Persor.nel Comni}tee Members 1. Mz•. Jerry �ughes, Pro�essional Educator � 2� Nirs. Mabl� Cason, St. Paul. Public Sc'r�ools persannel Department 3p Mr�. Ruth. Benne.r, Fd.lzcat-�onal Task Force Chairman �+„ School �'rincipal - (ro�Atzng accorc�ing ta sct�col� 5. �onnie Pra.ce - MNR (Anna Reed, �lternate) 6o Mrs. Susie Knighton, Mo�'el. Cities Staf'f inember �•- - �� _ __.., , , PART TI - B BUnGET t�'CiTr: `�hc�;; form < < � , s ;.rc infi�r :�..�, +� a :Z' ^t: ."�: +�1,�� f4rm�¢, for �l.e �t.a:;c�ard 1�iodel l,it1E�.S �%p(;1':.i"111(; t7�,r;;C�S' :','.;'a� t.. � .<..`:7.{;1C%17' .� J.t':;t'�.. _1"�t;rr)•)T'J.'i�:F: �:O j�Ctl_ ':�^O�CCi: ��'i0U1.[� �c' ?lu:`,'_�'C; f'O �.'!^� (,��+.,Cj{;(Vy-..�� ._ :�: '.'� lii��'�.�',"C;r ''1.3.�;1 I.i;C�"l;� £"011l.��(.' (1i�1.C�:CClo �i:t,s �r.., ,_i�i��.:..i.7 : 8..1):rL`;i' t '�•e r.iui i '.f" � r`,'' ;. �1 �g r.iF,?��E 0'r' :;a�,?�i;Y �v� . _ __ __ . . _. _ . . .__ . _ . .. _ . . . ._. - - - �:e F�I;DM:;T A, CC,S:' C:'.''ii'::'On)' ' i ?3. I�STIt�i�`iTED COSi rGri � � � , � I' 0� 1; � �I�c�r�P3 �`ftiww� - ._ . A��nR�".« �r4 e� _. . . . . . . . _ . . . _ . . . . _, . _ � , � . __. . p . - -- -•-- .�_ .J. _ ... ... .t ('1 j i-c�r�st�nn<;1 S:�laric.: ; � �:r:�;.�.ny�_�. Fk :,.. f�.?-.. ; f - - . _ ._. ..__ . . ... . . . . _ e_ _ . . . . . . . . . _ �. _.._ . .�_-- ---��Q� ._s_--_______ .._ . __._ . _._._._ _.. .(�.)__.Conc;ult�,� i.� �nd .;nz;t�^art ,;F rvicc�s � � __, , . . . _._ . . _ . . . __ _ . . . . _ .,____-,___ . _-._ ' _�f?;�SG ------. ._..1..5_�-QOQ ---- . _ .__._ ('�) 'I'r��v�-�1 _ . __.� .___.. _ ... _.. . ... . . _ __ _. . . ..._ _ (__._3a� _�. - - - .... ... .._._. .._ . .._ . . _ _ - - - - . _ . .._ . _v . -- - QO .__- _ ��J Si,�.cc� , � . . _...___ °-- - .__ .. .... ._ _.. ... _ � . . . . _ . . _ __ ..__..._ . . ..� _. . . . __. ___ ._ .__.. ..- °- . .r. . _ ____ .__ . ._ __.. 24 000 (�) Cor�c�um�;hle Su;;-,ii�.s ��? :�c:^vic s . . .. _._�...__ . . _ : .. . _ .. . . . . . _ . . .� . . . _- - ...,�_.. ...____ �---• 5!gt�(�4.�___�_ ._____.. ..,_.......__�T____.� (6) R�nt�a' , Lc:�1sE , ci, R:rci:a:_ ;f i�r1i�.m�.nt � . � ..._.�_ . _..._. ..--- _ - . . . . . . . . __ . _ . . ______ __ _� �+,OSC1 _ _. _ .--- . __.__._.__ ._ ._._�_____.._ (7? Qth�:r . _ . _._.._._.�. _ . . .._.. . _ . _ . . . . _ : . . . . ._. . . _. . __ . _ _ i. . . . _.�G'� . - . . . .� -- . . ..__- -___ ..__ .____ . . . , �____.._e.. - -_ . . -- - - _ . . . __ - -- • - . ._ . _ _ _ ._ . _ . . � � _ �,0�}C:._. .__. _._.. . ..- - -.._ _.._ . . . . ... . __ � , T ,, . �0'i�.Ja : .: -.�::.»�.... _. _ � . . ._- - - . _ . . . . _ _ . . . . _ . _ __ . . . - -i�3.�1�-s�.�1�. . . . . . . . __ 3.��,�OD. . . , � . 3.78�80(� -• - --• - •- - . . . . __ _.. . . . . �. . _ . . _._ . _ . . _ ... __ . . . . , . _ _ __ . . _.. . . L'e �'�OC�t`�_ �.1.�:1CS �U7,iZ!'I?1!T?��il. �.311(jG � -- � ___..... ._.. . . __ . . . . . _ _ . _ . . _ _. . . _ `_.�3�,p$�S?_ . _ . . . _ .__ .. . .. . . . . . _ 318,f��0 D. Uthcr ; , .:_ `=..:��. . ._:._ �. ` . . . . . . . -_ _ : _w: .. _.;-..`-. .._� :"� : ":�.:..:.= , :._ : '.' : "= : :.:;..: : ' : : _.' w, •► „ � '� � B?ld;��"I' LTrJF ('1) P-�rsonnel S'iti�:� cf i'�_;.i_�i�.:r. Sa1ar� i7 TeachErs (� u�dor Tttte 1 T��-ai ,'_0) � $l0,0�0 � a170,000 �0 T�actl�r Aic±es E� SZ.O�fhour 96,000 Emp loyeas E3enA4�i ts S 15,000 �al�ri«:s I?�n7�loy.�e:; B��r,��fit:: FiUI�:�F.T LI^�E (?_) Cor�st.l.t.<�:it r�nd C�ntre�tc.� ",�.r��ic�: Pre-Servi ce ar;J ! n-Sarv i ce �,orkshc�,,s ��, �50 . , Administr�fiva C'.osts 3C,000 ---------,.-.-.-.-._,,.._-_-�..�.._..�..�._._...._ BU�r�' i,Ti�l�; �'� Z'T'.''.0 i:l Staff Tr.v�:l 5a� Co�ifercnce ��n�� i�;. .�tinf- :�';�,�<.r..;.. � ,000 E��nloye�� Aii1::�:3�;,� k�zmb;;z~�c:m�_r!: (;',');�� r��:r miic:) JO,�'i BU�aF.°I' "�It�i� !4; Sr��cc� � kentzl of C)fS�c� S^<�c< ITtiliti�;; T�l�:�ptlor�� $�_iiidin� l�_� ;��ai .r . J7nit��•i.,,.l ,":,.�.rvic�� i�t,_iint.cnr�nc. <>uF,plz�_:t; r.nd ?;quinmer,t BUI�I:� LINF, (5) � Constimzule S�1s�Z.iE�s ancJ�Sr.r�:�cE�s � Cansumat?l e rria,terial s S7.OJ/rn�. �FaP�Y� pz'�int, worl:��aol:s, cr�yc>rtR, er�.j � � 7_,OOU Langua�;� ue�Tc�lop*:ier.t n;:�;cri�ls $IOOjrm. ; (Peabody i:i.ts, gurres, ch�rts, etc. � 2,�OQ RPadf.np rea��nes� matcz°ial $ISO/r%�. _ (talkin� aLphabet�, ��trer pur.:le�, recordss tap�s , etc.) 3,�00 Math r�adiness maCeriat $�U/rn;. (c�anipu2ai:ive devic��, f;�Otne�.T"�.0 a�jects, charts, etc. } I,00� 10 - �Ioff-man re�c!f.n�; uniCS ��ppp TOTAI. � 9'000 _ , , � . ' I3UDGF1' LTNE (E�) F:yiii ;ner_t ' - 5 Phouof;r��,1t, ($7t) er,;:h} $ 3�0 , r 15 Ca;sette recordin�;s ($5r} e�C;�� 15 ?,istening Centers ($b0 each) 900 4 Noffman ;ending Mach�nes @ $[f�() 1,600 S Stora�;e. CaZ�ineta (Y90 �ach) �+50 TOTAI. $ 4,050 BUn�rT i.rt�a�. (7) Other. � St-udent P�edy Acti��iti.es $ 600 Minor Ferna;te3_fn�; ;30Q/rm. . 6,G00 � MOUF.I.. CITI1?S A�:P�fiT;�'�E:�'T QPEI;A'�'IP:G AGREE^'IF�NT �a�x �x-c T�r� scttr.n��.r � Durir�R tne pericd of August 1, 1971 to OctoLex ],, 1971, thc A�jr�inisterinK Agera.cy �ill recruit and e�^�plc�y staff. Durin,r� tF►e neriod o€ August 1, 1971 to Gct�;�er 1, 1971, the r'�timinist�r:it�g A�ettcy tiril.l formulate t..e program. No iater tk�an Pdoverni�er 1 y 1971, af ter fci-n�ulation o£ tne progr��, tt�t�:� !iflr�inisterirz� AF�ncy wi ?t a3n:i.r.i^�er the pra° gram. The prv;;r�:a will tc_�rrniriate at t-he conclu�i.on. of the re�ular sclioc:l }�e�ir. � MC�DEL CITIES D��PAR.TMEI�TT OPrRATING �GR�EMENT PART lI � D TERMS AND CONDITIOi�'S l. Termination of Coni�ract. (a) :Lf the tlnited Stat�s Department� Ho�asing �n� U-�Tn Developmer.t should suspend or terrr�inate its Grant Agreement for the Compr_ehen.si_ve Ci_ty lleman- stration. Program with �.he City of Sa.int Pauly this Agreement r.�ay be term.inated by the r1�de1 Cities Department; or if, Lor any cause not the d�_recL- resul_t of Model Cities Depar�tment actions, the Age-rtcy sha11 fail to fulfill in timely and proper marner its obligations under this Agreement, or if �he Agency shall vio�r�.te any of the covenants, agreements or stip�alatians of this Agree�nent, the Model Cities Department shall thereupon have the right to terminate this A�reement by giving writt�n notice ta the Agency of such termination and specifying the effective date thereof, excepi� as may be otherGeise provided in Notice of Suspension or Terinina.tion rec�ived by the Mod21 Ci_ti_es Departmen.t f.rom HUD. The notice given to the Agency shall be pr�vided aL- least thirty days pri_��r to the eff�ctive dai�e af such termination. In such event, �.11 fin� ished or unfinished documents, d�3ta, studies and reports prepared by the �igency under this Agreement, shall at the option of thc I�1ode1 Cities Department became its property, and the Ag�ncy shall b` en- titled to receive just and equitable com��ensation for any worl� satisfactorily completed or� such documeni�s . (b) Pravided, hocaever, that if_ the Model Cities Departmer��_ shall exercise i.ts right herein given to terminate this �1�reement. for cause, it sha11 nonetheless reimburse the Agency tor all amaunts expended or ind�btedness incurred in good faith in relzance oz� th.is Agreernent so that the Agcncy shall be a�le ta complete i�s accxuF,d and/or current comm�_tments on account of tliis Agreement. But this provisian shall riot be construed to relieve the Agency of its lia- bility, if any, i�o tlze Mode1 Cities Departmer.t for dama.ge� for breach of contract. (c) Either the S�Iodel Cities Depart�renty ti�ith the consent of the Model Neighborhood P7_anning CounciJ_, ox the Ag�ncy may termin-- ate this A reement for any reasorL whatsoE�Te-r upon the givin� o� thir_ty (30� days �aritten notice. Ir� suc�i event, alI finished or unfinished documents, data, studiPS ancf repor�s prepar�d by the AgPncy under this AgreemenL, sha1.I at thE� option af the Mod�l Cities Department becozne zts propert_yf and the Agency sha?_1 be entitled to receive compensation. for tti7oric. �erform�d satisfactoiilST to the date of. termi_nation of the �gree�?ent olzly. . , Tern�s and Cor:�.�itions; .� , (d) Notwithsta�ding the above, the Agency sha.11 not be relieved of liability to the Model Cities Department for dama.ges sustained by the Model Cities Department 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 exact amount of damages due the Model Cities Department from the Agency is determined. 3. Chan es. The Model Cities Department may, from time to tomb, request c nges in the scope of the services of the Agency t e performed hereunder. Such changes, 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 sha.11 assist the Model Cities Depa.rtment 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 Depa.rtment, 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 shall be in the form of amend- ments to this Agreement. 4. Personnel. (a) The Agency represents tha.t it has, or will secure at its own expense, all personnel required in perform- ing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Model Cities Department. (b) All of the services required hereunder sha.11 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 permi.tted to perform 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 shall be subcontracted without the prior written approval of the Model Cities Department. Any work or services strbcontracted here- under shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. S. Anti-Kickback Rules . Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Agreement sha11 be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of La.bor 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 su�contractors with such regulations, and sha11 be responsible for the submission of affi- davits required of subcontractors thereunder except as the Secretary o£ Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Pr�o e�ct Coordination. The Agency, by its designee, shall participate w�3t�t�ie` o e ities Department in regular meetings for the purpose of coordinating efforts and continuing the planning of the program. The Agency shall establish liaison and coordinate activities with programs of other agencies functioning in related field pro- viding service in the Model Neighborhood area. 7. Citizen Partici tion. (a) The Operating Agency sha.11 cooperate wlt 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 fulfiil t e erms an con tions 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. Aasi nabilit . 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 Dep�rtment thereto. 10. Subcontract and Other .��ements. The Agency shall not subcomtract any port on o t e ��rvices to be provided hereunder without the prior written conse:.t of the Model Cities Depa rtment. All consultants' contracts shal� be approved by the Model Cities Departtnent prior to the execution of any Agreement thereto. Any purchase of real estate shs.11 also receive prior approval of the Model Cities Depa rtment. The Agency further agrees that prior to the execution of any contract or other legal instrument concerning the services to be provided hereunder, it will submit said con- tract to the Model Cities Department for its prior written approval. 11. Restrictions on Disbursements. No money under this Agreement s 1 e dis ursed t e Agency to any contractor except pursuant to a written contract which incorporates a11 Supplemental General Conditions to this Contract and unless the Agency agrees to compliaace with HUD requirements with regard to accounting and fiscal matters to the extent tha.t they are applicabl.e. 12. Failure of Interna.l S stems. The Agency further agrees that shoul s au , reports, or nternal system of control prove to be inadequa,te 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 prop�r system of internal fiscal control. The Model Cities Department shall have the right to place its per- sonnelt agents, or independent contractors upon the premises of the lAgency and use Agency's personnel to function in this area. The �Iodel Cities Department agrees that at such time when the system or systems conform to satisfactory practices, it will return jur- isdiction and control to the Agency. 13. O,peratin �rocedures. The Model Cities Department re- serves the" r g t to prescr be uniform operating procedures for the Agency at such times when the Model Cities Department deems it necessary. 14. Mode1 Cities Identification in Pro'ect Activities. (a) All buildings, o ces a ac ties 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 Depa.rtment. (b) All stationery, infortr,ationa.l releases, pamphlets and brochures or other material prepared and/or distributed by the Agency sha.11 identify the City of Saint Paul Mode1 Cities Depart- ment and the U. S. Department of Housing and Urban Development as s ponsors of the activity, in a manner to be approved by the Model Cities Department. 15. Dis lacement and Relocation. The Agency shall immedi- ately noti y e o e i es 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 pa.y- ments. If relocation of displacees is infeasible, the Model Cities Department may direct the termination of the activities causing further displacement. 16. Maintenance of Effort. It is agreed that any funds ma.de available un er pro s ons o 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 Cities Department may request documentation concern- ing previous effort and expenditures by the Agency in the Model Neighborhood to ena.ble the Mode� Cities Department to determine if the Agency is increasing its ser •�ices and the spending of funds in the Model Neighborhood. 17. E ual Em lo nt Oppor:-�_u_�nit�. During the performance of this Agreemen , '�cy agree� a-�ollows: (a) The Agency will not di •criminate against any employee or applicant for employme nt becaus:. of race, creed, color, sex, age or national origin. The Agency wil� take affirmative action to en- sure that �pplicants are employc.�i, 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- mination; rates of pay or other forms of compensation; and selec- � tion for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the Model Cities Department setting forth the provisions of this nondiscrimination clause. (b) The Agency will, 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 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 that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 18. Discrimination Because of Certain Labor Matters. No person emp oye on t e wor covere y t is greement s 11 be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceed- ing or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 19. Com liance with Local Laws. The Agency sha.11 comply with all app ca e aws, or ina.nces, 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 Loca1 Public Officials. No member of the govern ng 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, shall be admitted to any share or par� of this Agreement or to any benefit to arise herefrom. 23. Interest of A enc . T'he Agency covenants that it pres- ently has no interest an s 11 not acquire any interest, direct or indirect in the above-described project area or any parcels therein or any other interest which would conflict in any ma.nner or degree with the performance 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, information, data, etc. , prepare or asaem ed by the Agency under this Agree- ment are confidential, and the Agency agrees that they shall not be made available to any individual or organization without the prior written approval of the Model Cities Department. 25 . Purchase of Nonexpendable Property with Model Cities Funds . The agency shall maintain a record for each item of nonexpendable property acquired for the program. At the con— clusion oi 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 serial number if applicable , (b) date oP acquisition, (c ) the acquisition cost or assigned value to the program, and (d) the source of funds expended for the acquisitio.n of property ( i .e . , agency funds or Mode1 Cities Yunda ) . It shall also include informat�ion as to whether 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 balan�be in the subsidiary costs account Yor non— expendable property. The fiscal inventory shall be taken and rPCOnciled with the record card annually. (Terms and Conditions) 7. . U. S. DEPARTMENT OF HOUa IiVG AND URBAN DEVELOPMENT r�ODEL CITIES ADMINISTRATION SJPPLEMENTAF{Y GENERAL CQNDITIONS FOR CONTRACTS WITH OPERATING AGENCIES AND CONTRACTORS� The following conditions take precedetYce over any conflicting conditions in the Contr�.ct: �EC. l. Restriction on Disbursements. -- No money under this Contract shall be disbursed by the Agency to any contractor except pursuant to a written contract wb�.ch incorporates the applicable Supplementary Genexal Conditions and, unless the contractor is in compliance� �ith H[JD requirements with �egard to accounting and fiscal matters, to the extent :they axe applicable� SEC. 100. Definitions. -• As used in this Contract: (A) Agency means an entity, whether public or private, which has the reapoasibil:ity for admi.nistering a pro3ect or activity. (B) Area m,eans the model neighboxhood,;designated in the Program. (C) Contraetor means an entity, other than an Agency (except as noted. in the Labor Standaxds Frovisions) that flzrnishes to the City or to an Agency services or aupplies (other than standaxd commercial supplies, office space or printi.ng services). (D) HUD means the Secretary of Housing and Urban Development or a person authorized to act on his beha7.t'. (E) Program mca.ne the Compreh�nsive Demonatration Program approved. by HUD as the same may from time to time be amended. SEC. 101. Records. -- (A) Establiahmrent and Maintenance of Records. -- Records shall be main- tained in accord.ance with requ3rements prescribed by HUD or the City with respect to all ma.tters covered by this Contract. Except as otherwise author- ized by HUD, such records ehall be maintained for a period of three yeaxs after receipt 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 doeumentation evidencing in proper detail the nature and propriety of the cha,rgeg. All checks, pa,yrolls, imroices, contracts, vouchers, orders, or other accouriting documents pertaining in whole or in part to this Contract ehall be clearly identifie:d and readi7,y accessible. * The conditions m�ust be incorporated in (1) City contracts with operating agencies, (2) City contracts with contractors, (3) Operating agency con- tracts with contractors. ** The bracketed material should be deleted in contracta with contractors. NUD-70l0 cz—eaI , , � 2 SEC. 102. Reports and Informa.tion. -- At such times and in such forms as HU'D or the City m�y 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 matters covered by this Contract. SEC. 103. Audits and Inspections. -- At a�y time during normal business hours and as often as the City, HUD and�or the Comptroller General of the United Sts�tea may deem nece�sary, there sha11 be mad� available to the City, HUD and/or repreeentatives of ths Comptroller General for examina.tion a,l]. of its records with respeet to aLl. mu,t�ers covesred by this Contrac� and will permit the City, HUD and�or representatives of the Comptroller General to audit, examine and make excerpts or tranacripte from suath records, and to make audits of all contracts, imroices, materials, payrolls, records of per.sonnel, conditions of e�ployment and other data rele,t3.r�g� to al].• mattera covered by this Contract. SEC. 104. HUD Requirements. -- Unearnecl payments under this Contract may be suapended or terminated upon refusal to accept ar�y additional conditions that may be imposed by HUD at ar�r tjme; or if the grant to the City under Title I of the Demonetration Cities and Metropolitgn Development Act oi� 196b is sus- pended or terminated. SEC. 105. Conflict of Interee�. -- (A) Interest of Membera of City. -- No officer, employee, or agent of the City who exercises ar�y flanctions or responsibilities in connection with the pl.ax.u�ing and carrying out of �he Program, or a�y other person who exer- cises arLy� fluletione or responsibilities in connection with the Program, sha11 have arLy personal finaacial intereet, direct or indirect, in this Contract; and the Agency ehall take approprt�ate ste}�s to aatsur� ¢o�mpl.iance. . �- (B) �The Agency agrees that it will incorporat�e into every contract required to be in writing the Pol].owing provision] Iatere�t of Contractor and 1 ees. -- The Contractor covenante t t no person who presently exereises a.qy functions . or responsibilitiea in connecti.on with the Program, has ar�r personal firiancial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no intereat and shall not acquire any interest, direct or indirect, in the Model l�eighborhood Area or ar�r parcels therein, which would conflict in ar�r manner or degree with the performance of his services hereunder. The Corrtract flzrther covenants that in the performance of this Contract no person having ar�y conflicting interest shall be employed. Ar�y interest on the paxt of the Contractor or his employees must be dis- cloeed to the Agency and the City. Provided, hawever, that this paxagraph ahall be interpreted in such a manner so as not to unreasonab],y impede the statutory requirement that maximum oppor- tunity be provided for emplayment of and parbicipation by residents of the axea. * The bracketed me�terial ahould be deleted in contracts with contractors. MU D.JO�O l z-e9f . 3 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 mod.el neighborhood axea axe given maximum oppor- tunities for training and employment and that business concerns located in or owned in substantial part by residents of the model neighborhood axe to the greatest extent feasible, awarded contracts. SEC. 107. Discrimin�,tion Prohibited. -- � (A) In all hiring or employment made possible by or resulting from this Contract, there (1) will not be ar�y discr3.mination againat ar�y employee or applicant f'c�r employment because of race, col+ar, re2igion, se�c, or national origin, and. (2) afPirmative action will be taken to ensure that applicants are employed, exid that employees axe treated during employmertt without regard to their race, color, religion, sex, or national origin. This requirement sha11 apply to but not be limited to� tl�e following; employment, upgrading, demotion, or transfer, recruitment or recruitment ad.vertising; lay-off or termination; rates of pey or other forms of compensation; and selection for training, includ- ing apprenticeship. There shall be posted. in conspicuous placea available to e�ploy�ee and applicants for employment, not�ces to be provided by HUD setting forth the provleions of this clause. All solicitations or ad.vertisements for employees aha,11 atate that all quelified applicants will receive consideration t'or employmsnt without regard to race, color, �religion, sex or national origin. (B) No peraon in the United States shall, on the ground of race, color, religion, or �atiot�al origir�, �e excluded. i'Y�a�► paxticipation in, be denied the benefita of,• or be eub�ect to discrimination under any program or activity - made possible by or resul�ing f�am this Contract. The Agency arid each employer will compl,y with all requiremsnts imposed by ar pursuant to the regulationa of HUD effectuating Title VI of the Civil Rights Act of 196�. �C) Tltie Agency hereby egreee that it will incorporate into ar�y contract fbr conetruation work, or modi�ication thereof, as defined. in the regulations of the Secretary of' Labor� at 47. CFR Chapter 60, which is paid for in whole or in paxt with fluLds obtained ptu��uant to this Contraet, the equal opportunity clause which ie a paxt of the �abor stan�d.axd proviaions attached hereto. The Agency flu�ther agrees that it will be bound by the equal opportunity clause arid other provisions ot' 41 CFR Chapter 60 with respect to its own employ- msnt practices when it participates in federa]1y assisted construction work: Pravided, That iP the Agency ao participating is a State or local government, t�ie abave equsl opportunity clause is not applicable to ar�y agency, instrumental- ity, or subdiviaion of such gavernment which does not participate in work on or uader the contrs,ct. The Agency agrees that it will assist a.nd. cooperate actively with HITD and the Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal apportunity clause and the rules, regulations, and rele- vant orders of the 3ecretary of Labor, that it will flzrnish HUD and the Secretary MUO-70A 12-69) . - 4 of Labor such informa.tion as they may require for the supervision of such compliance, and that it will otherwise &asis�t HUD iu the discharge of its primary responsibility for securing compliancE. The Agency .�ther agrees that it will refrain from entering into aqy contract or contract �modification sub�ect to Executive Order 112�+6 of September 24, 1965, with a contractor debaxred from, or who has not demon- strated eligibi�ity for, Government contracta and federally assisted construc- tion contracts pursuant to the Executive Order. In addition, the Agency agrees that if it fails or refuses to compl,y with these urLdertakings, the City may take ax�y or all of the following actions: Termina,te or suspend in whole or in part this Contract; refrain from extending arXy f`urther assistance to the Agency under the program with respect to which the failure or reflisal occurred until satisfactory assurance of flzture compliance has been received. from such Agency; and refer the case to the Department of Justice for appropri- ate legal proceedings. SEC. 108. Labor Standaxds. -- There shall be included in all canatruc- tion contracts, made possible by or resulting from this Contract, with private entities the applicable labor starldaxds provisions, if the work being carried on is not otherwise sub�ect to provision of Federal law impos:in�r labor standarda on federally assiated construction ar�d in the ca,se 'of residential pro�ects if the pro3ect is designed for the resident�al use of eight or more familie� 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-f�ee, nonexclusive, and irrevocable lic.ense to reproduce, publish, or otherwise use, and, to authorize others to use, e,l:�.` copyrighted ma.terial and all material whi�ch can be copyrighted. SEC. 110. Patents. -- Ar�y discovery or inven�tion axisir� aut oP or developed in the course of work aided by this Contract sha11 be prarnptiy an�d flzlly reported to HUD for determination by HUD as to whether patent protection on such invention or discovery shall be sought e.nd how the rights in the in- vention or diseovery, including rights under ar�y patent issued thereon, shall be disposed of and administered, in order to protect the public interest. SEC. 111. Pol.itical Activity Prohibited. -- l�one of the ftiinds, ma.terials, property or services provided directly or indirectly under this Contract shall be used in the performance. of this Contract for ar�y paxtisan political activity, or to flzrther the election or defeat. of ar�}r candidate Por public office. SEC. 112. Lobbying Prohibited. -- None of the funds prov�.ded. under this Contract shall be used for publicity or propaganda purposea designed to support or defeat legialation pending before the Congress. ** The bracketed ma.terial 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. MUD_7030 la�EO) *U.S.60V[RMY�NT��INTIN6 Olfit[:1�{9 0-1)f-M2 . � , ' ' � U.S. DEPARTMEN7 OF HOUSING AND URBAN DEVELOPMENT ` MODEL CITIES ACMINISTRATION LABOR STANDARDS PROVISIONS l. OPPORTUNITIES FOR RESIDENTS In all work made possible or re�ulting from this Contract, affirmative action will be taken to ensure that residents of the mod.el neighborhood area are given maximum opportunity for training and employment and tha.t business concerna lxated in or owned. in substantial part by residents of the model neighborhood are to the greatest �xtent feasible, awaxded contracts. 2. EQUAL OPPORTIJATITY A. During the perFormance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate agsinst ar�y employee or applicant for employment because of race, color, religion, sex, or national origin. The Contract will take affirmative actioa to ensure that applicants axe employed,, and that employees are treated during ea�ployment without regaxd to their race, color, religion, sex, or na.tional origin. , Such action shall include, but not be limtted to the follawing: Employment, upgrading, demotion, or tre,nsfer; recruitment or recruitment advertising; layoff or termination; re�tes oP pay or other forms of cQmpensation; and selection for trainir�g, including apprenticeship. The Corrtractor agrees to post in con- spicuous places, ava.ilable to emplayees and applicants for employment, notices to be provided setting �orth the prrnrisions of this non�discrimination clauae. (2) The Contractor will, in all solicitations or advertisements for employeea placed by or on behalf oP the Contractor, state that a11 qualified applicaata will receive consideration for employment without regaxd to race, color, religion, sex or nationaY origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective baxgaining agreement or otber contract or understanding, a notice to be provided advising the said le�bor union or workera' representatives of the Contractor's commitments urider this section, and shall post copies of the notice in con�picuo�us places available to emplayees and applicant$o Por employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of Sept�mber 24, 1965, and of the rules, regulations, and. relevant ordere of the Secretary of Lsbor. (5) �e Contractor will flirniah all information and reports required by Executive Order 11246 of September 2f;, 1965� and by rules, regulations, a,nd ordera ot' the 8ecretary ot' I�a,bor, or pursuaat thereto, and will permit access Nue.aos� cs—eu 2 to his books, records, and accounts by HUD and the Secretary of Labor for purposea 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 Contract or with arLy of the said rules, regula- tions, or ordera, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for fliz�ther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 2�+, 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 paxa,graph (1) and the provisions of paxagraphs (1) through (7) above and paragraph B below in ev�ry subcontract or purchase order unless exempted by rules, regulations, or ordera of the Secretary of Labor issued purauant to aection 204 of Executive Order 112�+6,of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor • will take such action with respect to ar�y subcontract or purchase order as HUD may direct as a means of enforcing such pravisions, 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 a result of such direction by HUD, the Contractor �ooay request the United States to enter into such litigation to protect the interests of the United States. B. Non-Segregated Facilities. The Contractor certifies that he does not maintain or provide for his employees any segregated facilities at ar�y of his eatabliahments, and that he does not pea°mit his employees to perform their services at ar�y location, und.er his control, where segregated facilities are maintained. The Contractor covenants that he will not maintain or provide for his employees ar�y aegregated facilities at ar�y of his establishments, and that he will not permit hia employeea to perform their services at ar�y location, under his control, where segregated facilities are ma.intained. As used in this paragraph the term "segregated Pacilities" means any waiting rooms, work axeas, restrooms and washrooms, restaurants and other eating axeas, timeclocks, iocker rooms and other storage or dressing areas, paxking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities pro- vided for employees which are segregated by explicit directive or axe in fact segregated on the basis of race, creed, color, or national origin, because of habit, loce,l custom, or otherwise. 3• SPECIAL USE OF TERM Notwithstanding Section 100 of the Grant Agreement and Section 100 of the Supplementary General Conditions, the term "Contractor" may include an'bperating Agenc�' as defined in the Grant Agreement and an"Agenc�' as defined in the Supplementary General Conditions. HUD-70S1 tx—ea� ; . . 3 4. DAVI3-BACON ACT (1) Minimum wages. (i) Al1 mechanics and laborers employed or working upon the site of the work will be paid uncond.itionally and not less often than once a week, and without subsequent deduction or rebate on ar�r account (except such payroll deductions as axe permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 C�x Part 3)), the full amounts due at time of payment computed at wage rates not less tha.n those contained in the wage determination decision of the Secretary of La.bor which is attached hereto and made a part hereof, regaxdless of ar�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 mechaaics a,�re considered wages paid to such laborers or mechanics, sub�ect to the provieions of 29 CFR 5.5(a)(1)(iv). Also for the purposes of this clause, regula,r contributions me,de or costs incurred for more than a week�y period under plans, fluZds, or programs, but covering the particulas weekly period, axe deemed to be conatructively made or incurred during such week�y period:. (ii) The Contracting Officer shall require that ar�}r class of laborers or mechanica v�hich is not listed. in the wage determination and which is to be employed unfler the Contract, a3�all be classified, or reclassified conformably to the wage c�etermination, and a report of the action taken shall be sent by the Fed.eral agency to the Secretaxy of Labor. In the event the interested parties cat�aot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the reco�amendation of the Centracting OffYcer sha11 be referred to the Secretary for final determination. (iii) The Contracting Officer shall require, whenever the minimum wage rate preseribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hour�y wage rate and the Contractor is obligated to pey a cash equival.ent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested paxties cannot agree upon a cash equivalent of the Pringe benefit, the question, accompanied by the recoanmendation 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 e.mount of ar{y coets reasonab]y aaticipated in providing benefits under a plan or program of a type expreasly listed in the wage determination decision of the Secrete�zy of Iabor which ie a p�.rt of this Contract: Provided, however, the 8ecretaxy of Labor has found, upon the written request of the Contractor, that the applicable staridards of the Davis-Bacon Act have been met. The Secretary of La.bor matiy require the Contractor to set aside in a separate account assets for the meeting of obligations urider the plan or program. Muoaos� �:-so� . . . ' • �+ (2) Withholding. HUD may withhold or cause to be withheld from the Contractor so much of the accrued payments or adva.nces as may be considered necessary to pay laborers and mechanics employed by the Contractor or arLy subcontractor on the work the flill amount of wages required by the Contract. In the event of failure to pay ar�y laborer or mechanic employed or working on the site of the work, HUD may, at'ter written notice to the Contractor, take euch a,ction as may be necessary to cause the suapension of ar�y flarther payment, advanee, or guaxantee of flands until such vi.olations have ce�sed. (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 yeaxs thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and ad.dress of each such employee, his correct classification, rates of pay (including ratea of contribu- tions or costs anticipated of the types described in section 1(b)(2) of the Davis-Bacon Act), daily and week]y number of hours worked, deductions made and actual wages paid. Whenever the Secretaxy of Labor has found under 29 CFR 5•5(a)(1)(iv) that the wages of ar�y laborer or mechanic include the amount 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 enPorceable, that the plan or program is financially responsible, and that the plan or program has been comm�unicated in writing to the laborers or mechanics affected, and recorda which show the costs anticipated or the actual cost incurred in providing such benefits. (ii) The Contractor will submit week]y a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a paxty the Contractor will submit the payrolls to the Agency for tranamission to the City, for tranemission to HUD. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls 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 "Week�y 8tatemer�t of Compliance" which is required un�der this Contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial pa,yroll or ex�}r subsequent patiyroll of a copy of ar�y findings by the Secretary of Labor under 29 CFR 5•5(a)(1)(iv) shall satisf�r this requirement. The prime Contractor shall be responsible for the submission of copies of pay- rolls for a11 subcontractors. The Contractor will make the records required under the labor standards clauaes of the Contract available for inspection by authorized representatives of HUD, the City �r the Agenc� and the Department of Labor, and will permit such representatives to interview employees during work- ing hours on the �ob. (4) Apprentices. Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program regiatered with a State apprentice�hip agency which is recognized by the Bureau HUD-7031 i:—eo� � • t . � . 5 of Apprenticeship exid Training, United States Department of Labor; or, if no auch recognized agency exists in a State, under a progrem 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 ehall not be greater than �he ratio permitted to the Contractor as to his entire work t'orce under the registered program. A.Upi employee listed on a pay�roll at an apprentice wage rate, who is not registered a� above, shall be paid the wage rate determined by the Secretary of Labor for the classifica- tion of work he actually performed. The Contractor or subcontractor will be required to furnish to the Contracting Officer written evidence of the regietration of his program and apprentices as well as of the appropriate ratios and wege rstea, for the axea of construction prior to using ar{y apprariticee on the contract work. (5) Co liance with C eland Re ations 2 CFR Part 3 . The Contractor ehal]. comply with the Copeland Regulations 29 eFx Part 3) of the 3ecretary of Labor which are herein incorporated by reference. (6) Subeontracts. The Contraetor wi1.l insert in ar�y subcontracts the clauaes contained in 29 cF'R 5.5(a)(1) through (5) and (7) and such other clauses as IiUD ma�y by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in ar�y lawer tier sub- contracta which they may enter into, together with a clause requiring this insertion in at�y flxrther subcontracts that may in turn be ma.de. (7) Contract termination; debarment. A breach of clauses (1) through (6) may be grounde for termination of the contract, and for debaxment as pro- vided in 29 CFR 5.6. 5• CONTRACT WORK HOURS STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for ax�}r part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit aryy laborer or mechanic in ar�y workweek in which he is employed on such work to work in excess of eight hours in ar�}r calendax day or in exceas of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half timea his basic rate of pay for a11 hours worked in excess of eight houra in ar�}r calendar day or in excess of forty hours in such workweek, as the esae may be. (2) Violation• liabilit for un aid w es• li uidated d es. In the event of ar�r violation of the clause set forth in subpaxagraph 1 , the Con- tre.ctor and ar�y aubcontractor responsible therefor shall be liable to ar�}r affected employee for his unpaid wages. In addition, such Contractor and sub- contractor shal.l be liable to the United States (in the case of work done under contrec� for the District of Columbia or a territory, to such District Huc.aos� �2-eo� � ♦ J • � ' • � 6 or to such terr3tory), for liquidated. damagea. Such liquidated damages shall be co�puted with respect to each individual laborer or mechanic employed in violation of the clause set forth in subparagraph (1) in the sum of $10 for each calendex day on which auch employee was required or permitted to work in excees of eight haurs or in exce�s o� the standard workweek of forty hours without paya►ent oF the avertime wage� required. by the clauae set forth in sub- paragraph (1). (3) Withholding for unpaid wages and liquidated dauiages. HUD may with- hold or cauae to be witYiheld, from at�y moneys p�yable on account aP work per- formed by the Contractor or subcontractor, euch sume as may administrative�y be determined. to be necessary to satisf'�r ar�}r liabilitiea of such Contractor or aubcontractor for unpaid wages and liquidated fla�ages as pravided in the clause set forth in subpaxagraph (2). (�+) 8ubcontracts. The Contractor shall insert in ariy subcontracts the clausee se�rt�i in subparagraphs (1), (2), and (3) of this paxagraph an8 also a clause requiring the subcontractors to include these clauses in ar�r lawer tier aubcoritre.ete which they ma,y enter into, together with a clause requiring this insert3on in ar�y further au'beorrtracts that,m�y in turn be made. , MUD-70S1 �:-e., f+w-wa.�., o. c. 236133-p . I . � � , � ln U. ° � U) �-- O N c� y • _ '.. v 'C� -F- U1 � � > �N •p N � .. .. .. Ol a �.,, ° u.>> L 0 O A. � � `►- •-•7_ O �Y v- � +� lL CIi 'C7 "'. 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