255785 �OR161pAL TO CITY CL6RK 25�►�85
, , . CiTY OF ST. PAUL couNCa
OFFICE OF THE CITY CLERK F��E NO.
� COUNCIL RESOLUTION—GENERAL FORM
'PRESENTED BY
COMMISSIONE DATF
, 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
Dis�trict No. 625, a copy of said Agreement being on file in the
Office of the City Clerk; and be it
FURTHER RESOLVED', That the Ma.yor, Director of Model Cities
Department, City Clerk and City Comptroller be and they are here-
by authorized to execute the said Agreement on beha.lf of the City
of Saint Paul.
FORM P VED:
po ati n unse{
SEP 2 2 1971
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Butler $Ep 2 2 197�
�-'�a� i9__
Levine Tn Favor
Meredith r,
Sgrafka U yor
gainst
Tedesco
Mr. President, McCarty
PUBLISHED S EP 2 5 19 7� �
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1'I,:1:; /��G};1:L���IEN'i'� I•f��ae �_�-„d e�ri'.=ered inta �]7�_s day o -
. S �_971� Ly a�i!;3 b�t�:��e:i �hL Cij.�� o� ��z��riL�'�a1.l:i.o �^cti�z�
i.i�;WUt��.:=;:_-_ ._.Li__.:,;;o,Iel Ca_t��_cs DeP�a1�+�-rr;���t.� herei�i,a�tcr_ -refe_r�rcd �e a�
"�.ac�ci� !_ C;:� t.ic;; De��:�.c�:m�i:��:"s ���d I�ridege��dent School Disfirict No. 625,
�iCiC'�:i_i"i��t�C'.:� 7_;�i�i"2'�<1 i;v ��S �it.hFCIiC��rt; _
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1,'].1���?E`>S5 Th� �iad��l Cit,�_cs Departmcnt: o-:z �h� 23-rd day oa �.pzilr
J.971_� rccr��.�jcci a �;:�-�:��-�i= t�r�der_ t,l�e Unitcd Stai;es De�paa°i,rrie77t o�
�`'�"'1!T 3'1"t"1 i 1> > ( �� i y p r � � � �.
Hai��...,.�, �....�. t;rh<^�n ,).,vc_t;��:n._nt �� i..onstr.ai�i_on Cii�� �j.na I1�i�rc���c�.l.' t�a�.
Duvc�:l.o�-;r�c:;;i� i�ct ai 1_9��65 T�_i,�-lca :C, said �r_unt des7_�n�.i��d as G_�:�a��i.�
Na. I�i�,, ,^�2�-G035 <:�:n�; . ,
1�?I-IE�}��%yS s Purs,�an� Lo sai.d gran�; riodel C�_ties T)e��artm`;:�t :is
�in:���r. La;�:i.i-�F, cc��-ta�_Lz actz��:iti�s p Gird .
;:,-IE;<�/��SS The t�5aclel Cities "!`e�;a�:tme:z�, d�si_a-�s to enga�;e� �i�e
I.�t?7`:::�' �O Y'C_''!:1C�C'7:' CG"1'�ct:Ll�l aSS:LSt�::iCf? 1T] Sl;iCs�: 111��Cx'����i:1T1� ��i.l-`S:]cT?.�
t� a,-,c'•_ .�ri coi�plia�nce �-,,�.ti�i t�ze Gr�:���t I�o. T1EW22�OU3A
i�1 I�, ;T;' -�-,'-' �'� f� >s� J�P�ll� `�� j 7 1 � 'r- 7i ; ��i\T `> )
1:�C�� 5 `�'I. .;1,��T0::,_,; Tt,�_, ii.)I_LL CIT7E5 ;�� f .`I. �E�T ��\L 'I�3,_, �.G�� Cx T 0
1�fU`i:?1•�Llal l�GRLL �=.5 FOLLO�,�.�-�' <` .
i�. Scop� a� Serva_ces : ��:l�e �:genc;� slzal "1, �ai.t.I�i�_n. i.,lze� 4�1,:::nii...
Un:��r�r:?:i_i:�T ?�!cdc�1_ ��e:is;;iborhood , i» a saLi_s�:;cLOL;T a,�.d. proj,�1- r:��,�T?.�?:,,
as c�ct,�rm��n.r.:i by T;ode�_ C�.t.'�es Dep.axt.nl;>>.�'� a1�d u;-,:�t�r tl�,e. �:�_rcc;i..:i_�n
� -� . '14 n ^ i � \T-• t_"�)Z 1,1..
, o� Lh.c_ Mode1 C.'�Li�s Dc>par.tr�.=nL� p��ri:oi_jr< <}�osc a.c�:�. a L�_�s �et. �
:i77 i:;�").G' �]i.L��C�"�Cd .I'G.�_i; 1_1_ �.i"1C�. S��v..l� pU7`:LC)i"P."l j�l�C. �.Ci:1.\%:!_t1C_�, t;��:l_i.!"1:I.I1
f�lze +��_�z;eLublc� sc�i� foztL iz�. Par� �!:T<
:3, �';���s_>>?r (i} 'I'h:e A"encST sl�aJ_1. co��r�nc,e ;�crf_ormal�ce or
th_i.�. cant�-�c.t.�cr� �_1:.�� �Cth da�' �f SP�t����i��� _v a-�7�1 , %and
s�z��.1:1_ co���l�:t.c�1.c= i����!'i or.�r.,_�r�ce �io �a�er�t.�a:�.�. 411e �t�:,,.,_ tir.iy oi_ .�?��.,.
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(�,? 7:L i_s c;��i»_C�s:>'ly t?nderstoc.� ��rci ar;:r�ed �hat� �ra
. � �_ � ,_ T , F , ��,
r�o e�%���1,i: �r_'�l� ti�`: ,.0�,�1 Umot,7�.L- �_o be paid b� Lh�� T,c,c_�...�
C��t�:ies Dc�l:�a.a-i���r���it. t.o f��-�.e A�,ex�cy uiider i:h:�s E�x�;rt:em�i-,t:
e�:ceeci t�l��� s:�,n o� � 2l,r G�QO. 04 ior i��1.:� und cc,rzlp.lc i:�
sa�.i��:��c'i.or.y ���e�cfo,_�r��:ce :i_n acc.crcia�-�c�� •„�itl� i�he bt�d�;ei�
aLi..�:<.lzccf l:c� ��iz�s A`;��e�.ir�;:�:�.t z�z T'a?�L I.L y a��.ct �.n j.10 c:vc�n'�.
sh�a�_1 rxc�e�l t)�.� u;:�ci.�i�t oi I�edc�zal {-:�_.�:�vs recc�ivcc� by
1`�UCfC2 �.:��_L:LGS �Ll?::i3'i:?:�;�Z�. lIpIP: i=;�1G I;C:�>�i�t-1i1C1�.{L Of I�Oi1SJ.liL�
ar.d U�-bar� 1�:,��c,]_c��>;ne:�t (lIliI)) io:� tl.:��. ;a1:-�;c�� ��urst���.:-�L
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i�o the i�iac�r;Z Citic�s Dep��r.tni`rit' s Co��;l i-ehens:ive First
Yca,_ Act�ic�� Plan as ap�r.otre�U by HUD.
(3) 2,lexi.bi �_i t:�% �n Lt�d^;e i�: !�;�ncy sl�al l malce
eapea�iclit�.�res accoi:di��g to Llie li�ie .-;_ccros as set forth
in the �tt.�ched :�udheL. 1�11 p:capo�;c.d ��m�7zc�ments to i�he
Budget r�r��>t be siibrniL-teci to the i�loc�el_ Clties Department
for reviec,7.
a) A�ency may r�m�nd the Budget 1_3_1�4 �_t.ems ��rithout
T1odc�1 Cities D�p�Ltm:��l:it` s wrii�tei-� apprr�val_ under
the fo1lo��linG circumsta7zties �
i) Thn revisior� oi a line iten does not CG21-
stitute a substanti_a1 chai�ge in pro�xam
objectivesy and �
ii) The revi.sion of a lix�e itezn does not can-
stit�ut� a chan�;e of. more than 10"/0 of th.e
line item or S% of the tot�.l Budget.
b) Agency may a_mend the Budgei� as iallotl�s vn1.y upon the
prio?� ��:ritten a.pproval of the rlodel Cities Departrientts
Di-rector: • .
i) The re�T_isiozz does not constitute a substantial
chang� :ilz program ob j ect?_ves� and �lz� trallsfer
of on� �.���� it�m tc ��nothcr line item does no�
� coi�st:�tute a cha�ge of more than 15% of the
_ line item or� 10% af" the total approved Budget.
ii) The revision of a line item constitutes a
change o� more than 10% of the line item or
more tharz 5% of the total ]3udget.
c) The following am�endments requir� a Contract amendment
. and �ari.tten approval of the Model Neighbo-rhood Planning
Council and the Saint Paul City Council:
- i) The proposed revis:i..on constitutes a substantial
change in the program objectives, the scope of
services' set for_th in this Agreement and/or
� the �aorl� program; or.
ii) Any change which �aould cause the total amount
of the Budget to be exceeded; or
iii) The transfer frarn one Iine item to anoi�her line
item would constitute a change of more than 15%
of the line item or more �.han 10% of the total
Budget.
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(iv) Tize cl���ngc�s _i_n phys�_ca_l_ aocat.ion of appioved
project �•aould restricL t�i� participation of
rlodel Iveigl�borhoad r_esidents .
(4) Subject to the rece_`�pt;. o� fiit�ds fr_am the Unit_ed
States Departrnent o_� Iious�_n. � and Urban I�evelopm�nt, the
Nodel Cities Depar_tm�rt shal_1 m�ke payment unler tk�,�s
Contract �_n the .fclJ.oj��ing ma�znera �
The �igenc�T sl.�al.l Presen��. to 1�1od�l Cit�_cs Depal-tm^c1t
an iLe�7tizeci requisition for (monthl;T) (�aexx�c��) reim-
Uursenerit, in torm appr.oved by T�cde1 Citzes Depari�mer��. and
the City Comptroller. Requisitions shall set forth thc
disposi�ion of amounts spent �during the preceding (monLh)
(qa�;���c) together �aith an estimate of ��:penses to be zn-
curred ciari.ng the next succeeding (month)(�x��-�j y with
reference to e�:pense categor_ies as set forth in the
attached B�adget incorporated withiT.z Part SI . Mo3el C�_ties
Depari�rn;.nt will make paymenu to the Agency t•a�_thin 30 days
after. r_eceipt of the requisii�ion, after ha>>ing revie��a�^d
and apj��-oved the requisition. Reqtiisitions shall include
the fol.lo�aing cat.egories �
(a) Personnel (u�ages, fringe benefits)
� � (b) Consultants
(c) Space rental �
(d) Trav�1 � �
(e) Consumable supplies �
(f) Equipment-reni�al, lease
(g) Other costs .
(S) The Agency shall maintain v�rifica�tion for all ex-
penditures including, but not limited to, time sheeL-s,
invoices and receipts, a.nd shall keep and retain such �
documentation for �he p�r.iod of time that is required to
ma.intain its records hereunder.
(6) No reouis?ti_oizs shall be filled if, at the titzie it
is made, the Agency has more than 4% of the total Model
Cities Department funds allocated under this Agreement on
deposit in its depositor}T.
C. Independent Contractor. : For the purpose of this Agreement,
the Agency shall be deemed to be an independent� contractor, and not
an employee of the City. Any and a11 employees af the Agency or
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or othex persons� while enbaged izi t�l-ie ����rLairnar.�.ce oi any �vorlc or
services -required vy th� n�ency under this tlgrcement5 sh.all not
be consider_ed emP]_oy�es o.f_ the Cit�yi and a;-i}� �nd al1 claims that
may or. ni�ht ar:ise under �.ne G1ork�.�i-? ` s Cot-�Pe,�lszLion Act of .
Minnesat�a on behalf of sai_cl employees or othei persons �ahile so
engagc=d, hospita.I�_zation insurance coverages5 Social Security and
pension Payments ar�d benef_i_ts, other employee obligations and belze-
fits, and any and al2 c7_airns made by any third par_ty as a conse•-
qu�nce of any act or omission on �hc� pc�rt of the Agencys the
employees or otller persons �c-hil� so 2ngaged on any of Lhe �ao11c. or
services to be rendered, sl��a11 in r�o �vay be i�l�� obli�ation or
responsibility of �h� City. The Agency shall Pay as i�hey become
due a11 just clain�s for t��orl:, tools , machinery, slcil.l, maLerials,
i.ns�.rance premiumss equipment and supplies �urnished, rendered or
performed in the e�:ecution of this A�reement.
D. No Discritnina�iono The �gency shall be deemed a coni�ractor
for the app�T'xcation o a 1 provisions hereof and laws against un-�
lawful discrimination on account of races c�-ced, sex, age, or color
hereunder.
The Agency agrees in accordancc G;�itl� Chap�er 238, Laws oi ti�.c
State of r�linnesota for 1941, that iiz the hi-ring of conmon or slczlled
labor for the performance of any �•,orlc und�� this Contrzct or any
subconi�ract hes:eunder; no contracLor, rn;�,.L�rial sup�la_e:�, or ven�c-r
sha.11, by reason of_ race, creed or coJ_or, discriminate against any
person �>>ho is a ci_tizen of �the United States ���ho is aualifi.ed and
availaUle to perform �he worlc to which such employment relates;
that no contractor, ma.terial supplier or vendor under this Con�Lract
shall in any ma.nner discriminai�e against, or zntimidate, or prevent
the employment of any person, or on Ueing hired, prevent, or con-�
spire to prevent� ar.y person �rom the perfarm.�.nce of �vork under
this Coni�ract on account of race, creed or co]_or; and that this
Contract may be cancelled or terminated by the City, and all maney
due or to Uecome due hereunder sha11 be forfeited for a second or
any subsequent violation of the terms or conditions of this Contract.
This Contract is subject to TitJ_e VI of the Civi1 Rights Act
of 1964 (P. L, 88-352, �approved July 2, 1964) and the rules and
regulations (24 CFR, Subi�itle A, Pari� 1} , issued by the Housing
and Home Fina.nce Agency pursuant th.ereto.
E. Indemnification: It is further agreed that the Agency
shall defen an save t e City of Saint Paul harmless from any
clairns, demands, actions or causes of action arising out of any
negligent act or out of an�T negligent omission on the part of the
Agency, its agents, servants , or employees in the .performa.nce of or
with relation to any of the work ar services provided to be per-
formed or furnished by the Agency under the terms of this Agreement.
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F. Residc�zt En�p��ment and :Tr��-in:Ln� ?�:�qui i°ements : Secti�xi
103(a) of tfie D�r,ionstrat�:LOn Citles ��nd ���ietropolitan llevelopment
� Act� of 1966 requixes that a comprc}�����si��e city d�mor�stration pro�
gram provid.e "%'� -� -'� in�.�:imtazn opportuni�ies f_ox employii�.g residc�nts
of the area in all phases of the rrogzam and enlarged opport�.�nities
for work and i�raining" and �tl�at ii� "�'� %; %� make n�arked pr_og-ress in
r�ducin.g %'� %� -', under.employn!ent and enfor_ced idleness -'� %', %', "
In tl.e perfori.i�a.nce of this Agreement, the Agency shall comply
with a11 r_equ.ir�;r�ei�Ls o.f I�UD peri�a:i_��i_n� to ii�s genera7_ policy on
enlployment and train:ing of I�1vd�l i�eigribol-hood resident� in all
jobs generated by t}.zis a�reement a�zd the SLlUI111SS1Ot1 requirements
for the impl_ementation of this policy, as set forth ii�. HUD Handbook
MC 3160. 1, Moc3e1 Gities �mployment and Trai�.zing Requirements (CUA
Letter No. 11) . �
Agency shall. incl�ude �hese provisions dealing �a�_i:h Resident
Employment i_n all of its operating subconi�racts .
Agency agrees to comply with i�he Empl_o}Tment an.d Training �oa1s
set f_orth in the Saint 1'au1 Model Cities Resident Employrnent and
Training Plan, as set forth in Part IT herGO�. �ti7ithin ��.� days
after the execution of this �E�greemeni�s Agency sh.all submit ior
approval an employment plan together with specific emplo�nn�nt and
training goals for the implementation of this policy. In the
execution of such Plan the Agency n��.st demonstrate m�Z:�kcd pragress
toward specific goals in each succe�ding phase of the program.
A11 positions generai.ed by this project and Agreement and a11
positions becoming vacan.t shall be fill.ed by Agency by Model
Neighborhood residents . A11 such posiLions of employment sha11 be
listed with the Mode1 Neighborhood Employment Center. Only re�
ferrals f�om the Model Neighborhood Employment Center shall be
accepted for employmer.t by the Agency. Agency sha11 not make any
exception to these provisions unless the Agency is granted a waiver
by the Model Cities Special Review Board. If the� Agency desires
such ���aiver, it shall �ma.ke written request therefor to the Model
Cities Special Review Board and shall set forth the following
information:
1. Reasons for the need to deviate from the resident
employment requirement. .
2. Recommendation and alternatives as to how such
positions� should be filled.
Upon entering i_nto this Agreement, Agency shall submit, zn
writing, a listing of available jobs with a job description and
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salary range foz eacl�i positicn. E�ch jo�b d�scription sha11 co».tain
a definition of the posi_tion, exarriples o� duties ai-�d minimu��n qual-
ifications for th� posii�:ion � Job descriptions are subject i:o
review and appro�Tal af the Mode1 Citi_es Depar_tment. .
Within thirty (30) da�Ts after e}.ectition of tlzis Agre�mentq
Agency shall develop for revi��a and �3pprova7_ a specific program to
upgr_ade eligible, potential_ an3 iiltexesL-ed employ�ees in eacl�� para�
professional_ job cJ�assifica�.ion. This tipgr`��in; sha11 be designcd
to 1�ad to grea��er respc�nsibility or full professio-nal status , and
those employees so upgraded shall be retained a.n professional leval
positions as such positions become available thraugh staff turn-•
over, eapansion or ne�tiT p-rogram d�v�lop:nent. The training procedures
wi11 be designed to remove identi�ied zmp�dim`nts to hixing and
upgrading of disadvani,aged Niodel He;:�ghbaxhood. re.sidents and provide
theri with occu.patior,�al mobility through seniorityT, intexagency
transfer agreements, civil service sL-atus, union memUer_ship or
other prerequisites to such mobility. Agency sha11 show how it
plans to remove or Pase significant merit system impediments to
the emplo��ment of disadvantaged Mod�l I�ei�hborhood residents in
such related jobs . . .
Agency shall designate a staff inember as Training and Develo�-
ment Of.ficer to be responsible for developjnent of training Programs
and employability develoPmcnt ,�lans for all emp�oyees . An Employ-
ability Development P1an in writing shall be develaped c,�ith each
employee using behaviorall_y defined objectives . �1iLhin thirty (30)
days a.fter e�ecution of this Agreement, Agency shall submit to the
Mode1 Cities Department grievance procedures to be followed by the
Agency and available to its employees .
G. Terms and Conditions : Agency sha11 be subjec� to and
shall comp� wi�Ta�terms and conditions as set forth in the
attached Part II .
Agency sha11 include similar terms and conditions in all of
its contracts with other agencies in the performance of this
Agreement.
H. S.ul�P lementa� Conditions : Tnis Agreement incorporates
the "Model�`itle—s�dministration Supplementary Conditions for
Contracts with Operating Agencies and Contractors", HUD-�7050 (2-69)
which is part of the attached Part II . When the term "City" is
used i�herein, it shall mean "Model Cities Department". The
Supplementary General Conditions shall be incorporated in all con--
tracts bet�aeen Agency and its contractors. -
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I . Admin:i_si�rati:Te L��bor St��nd«rds : 'Th.-is Agreeinent� incarpor_-�
ates th� I�1oc e:� G�iL'�'---.�es ���'i:�riinlstrai�:%or!.L�bor St�.nda�-ds Provi_s:ion"
- HIJD�7U51 (2-69) , �,�h:i.ch i_s part of th.e att.ached P��.rt lI . T-1liere
the L�rrn "City" is used tl�ereix�s it sha11 rnean "I�iod�l Ci_t:ies
Departi�ent"; and whcre �he term "Coni��:aci:or" appea�-s therein,, it
shall mean "Agency". These Lal�or Star�datus shall be incorporatcd
in a11 contracts bet:�-�een t,�e llge,zc}r ac�d its cont:rac�ors .
J. Recor.ds , Re�o�-.cs a�nd_Inforrnation: The Agency s1�a11 lie
responsib.�e �a_�� ti1�iY�aii�t.�nance c�:i� recor�ci:s �:,n� accol�-L��s, includ.i_.r��
prope�ty, personr�el and iin�,ncial. records adequat.� to assure a
proper accountin� for a11 project funds, F'ede�-al and/or non� �
I'ederal. These records ��7ill be macle availabl_e for a.�dii� to repre-
sentatives of the Model Cities Degartmeni., i�he Unii�ed State�
Depaxtment of I:IoLSing and Urban De�Telo���ient, the Co:nptroller Gen-
eral of the Unitc3 States or an�T authorize�. -representatives �f any
or a1I of L-hese aoencies, an.d wil.l bc rerain�cl for Lhrze years
after thP ea.piration of_ �his Contract un.less w-ritte� permissio-.z is
given fcr �h�ir ciestruction by Mode1 Cities D:partment and th�
Secretary of the United States D��partmeszt o� Hou.sing and Urban
D�velopm�nt.
Agency shail. furnish such state�neizts, records, reports and
information as is called for in the Nade1 Cities Depaxtme�.t data
repor�i_ng package, which is incorporated herein by referencA and
m�.de a part hPa°�ot, a»cJ s�i�h ot'.ncr forms �_�s :ru�.y f_r_om i�i�n.�� to Liii��
be required of the Agency b}T the D�partment of Housing and Urban
DeveZop�r�ent and/or Mo3e1 Cities D�partm�nt.
K. The Agency shal� provid� infor�t�a.tion to the Mo��e1 Cities
D�partmnnt for purposes of eval�uation and C011�1�"IU.Ot1S planlzing
° pursuant to a Monthly reporting system. This regort�ng system
sha11 include :
a Output 1�?easure Report (monthly) -.
b Output Measure Report Narrative Report (mon�hly)
- c Agency Statement (monthly)
d Participant Beneficiaries Report (monthly)
e Project Work Program (morithly)
f Budget and Output �seasure Forecasts .(monthly).
' g Narrative Report (month]_y)
L. Work Pragram: Within one month following the exec�ution
of this Agreement,�t-ie Agency shall submit to the Model Gities
D�partmcnt, for its approval, a Work Program setting forth how the
' Agency will implement the scope of services as set forth in this
A�reernent, and inc luding the f o l lowing: '
(a) Job Description f.or each staff position
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(b Timetable for hir:ing staff
(c D���ziled descr_ipLion of the �.asks to be under_taken
(d MeLhods by �al�:ich the successful com�letion oi� these
tasks t,�i 11. be achieved
(e) T:�metable for sucl�i completion.
Il� t•;�'I'�F�SS tti'I-iE:RE0F9 Tne pari�ies ha�Te cause� this Ag-reement
ta be exccuted the day and year first �.bove t�lritten. •
CITY OF SAINT P�iUL
Approved as ta Form: � MOD�L CTTIES DEpART'i�1EI�TT
�`�ss�.sta,1L ayor -
+Gorporation Counsel
Direct�or
:Approved as to Form & Execution:
CZ ty C _e-r�
�ec�.a s�istaxlt
�orpor�_�ion Counsel ,
. � City o�troT�er�"`
In the Presence of: INDEPENDENT SCHQ-OLDISTRICT N0. E25
By: � -
� Its
Its �
�PPROVED by Council Resolution .
+C.F. No.
�ated:
8.
, -
., ,
.
P�1RT �I - A.
Scope� of Servlc�s
Pra,Jsct: Hom�--Schc�a i L i a i son
Program; ��ppor�ttv� Cduc�-�ion Prn,je�t
Ad.�1 r i si-rat i r�g Ag€�;�cy: Si-. Pau P Sciiaa i Syst�
The A�m i n 6 s�-raf i r.g Agsnc� si�a i t w t th f n the �pado i Ne ighbarhaac�, i n a sai�i s��cfory
an� proper man;►er �s datermined by th� P.9ade( Cit�es I3epar-hnent p��fio►r.z tl;�se
ac�`ivifites set �ori-h belorr:
Purpose and Ob,j�ctiv�s:
a. To impr.ode parent-i-eacher-sfirudent retattonships.
b. To servc� as an in�-er-m�diary �gency, tvhenevor neecied, in var iau�
schc±oi-hcxne si�fiva�-ions.
c. To increase -teacherfs knawledge of the stuc�ent's b�ckground by
hav�r� � hca�,�-schno E i i�i son !n each ;:�1�o�e i ��o ig hborl��od sci�c�E s
da Ta worl< wdtt� each tarrily acrording to neads on an in�itvla�!a!
�@YAIa
e. To cre��e an i nterest i n parents so i-h��t fihsy w 1 t i b�corre d m�c�lv�d
in schoo� ac�rtvities.
f. To beca:�e acc�uatntad with newiy esi-ab1 tsi��d fam! i ies tn fh� toca!
sch�l d istrEct.
CvnfiQn-� and OFeration �
Yhg I<tnds of assignments fhat fhe Hane-Schooi Liaison wEil porform are;
a. To aci- as interm�dtary agent in many schaal-hnr�e situa�tons.
b. �I ay schoa I t nf ormat i on to hocne and home t nf orma�i on to scf�oo i .
- c. Vtstf �amilias, sspsclally new famitiQS, wi�o �ve in�o fihe locat
SChooi diatrict.
d. Gettin� parenfs 'fio canm to schaot for differant purposes.
e. Encour�ge parents 1-0 organtz@ ai�te�rnoon class�s or proyrams.
f. f'ai tow thraugh on absentc:etsm.
g. Assist parQnfis [n obtatning sources regarding �egai probiems.
h. Assist parQnfis to assure that chiidren wtll receive adequate
health care thtrough the school sysfem.
, .
, � ,
.
_ • , 5i;i'i'+.lT�'FI.Vt: E�UCF�TIONAL PT��JI:CI'
Modc:1 Citi<�� ��rsc>nnr..l. Recrtei.ifncy;t �'�-acedure
t''��611!(�ElC1�';1 �ft(i.c�tfy�f��f'!tt: ;`•iC�lr�t4�, �3��'�f`I�C i��32�
AI7 c�ua�ificd reside�r-��s of tlie �iacle�i i�'�i.ghbs�rh�od Wil� b� given priax'a.i.y
casYSideraticct.
AI� pasitions wi11 be posted xn t?ie M«del Cz�zec, �ffice an�i on bu�.letin
boear. cis �n thc� ��t�blic school.s o£ tiz� sci�oal distract . 1fie application farms
w��I be avai_'..�blc. :at bot:h qffices. Apglicatior� notice wi11 be posted for
at �least� t'eti :lay�.
A��iications will be rev:ieweci Uy c�he Fersor�net Coner.ittee and the cammittee
ma�f canduct any oral. int.erviewi.ng of ca�:didaLes deemed necessary.
itYdepertdent School G�i_stric� ;f625 w� ll endeavor �o retain qualified ci�ril
sers*ice �nd certi.fied Persor:�e2 :�s permr,nent r.�emher.s of the staf� after
coir:��l�tion of t:he M�dei Cities t'raj�ct. i.�nc�x°tifi.ed P�rsonnel are �en-
er.-�].ly considered p�cr��-ti:r,e ;:er.�bers �£ the �ta.ff. Noncertified e���pl:,ye4�
wi11 receive �re-sPrvicc and inserviee kr��inin�; an�? �eachex aides can
�m;�rove tt��i.r haurly �r�l.�:ries after.• 1400 hourr, of servi.�e. Independent
S�k�o41 I�#.sLric� J�625 and oth�r schoo? cZi{;t:��c�:� in :�1inr►esotl are ex}�lor�n�
a second level for e�uca�ional p:�ra��rof�ssion�It� ti�ar could be considcred
f��.l ta_me permaner.*_ memi�crs nf the staff.
Ce�a-L f f i ed •
Mo�cl Cities Coordinator �
Ki�der�arten - rirst Gra�i� Program Coordinatar
Fi�e Snecial. Resource Teachers
Fa�r C�rrnnunity School Coordir�ators
1t.r+Pnty L?�:ssroom T�act2ers . �
T�o liigh School G�ur►s�loxs _ _ -_ ___
Yau�:li Serving �c�sir1i Coorcii.nator (PArt-time)
Fcraar 'Youth S�rvl�ng Youth Center Supervisor� (Part-time)
�`a-3r Early Childhaod Te�cher�
Cfvil Service
,/On� Cicz�k - Experimental Counseling
Q��e Secretarv - K-1 .
, Orr� Secretary for. Suppor�ive Education Project
f3� Payroll Clerk and �i3ooklceeper
N�a�certi€icu
Si�c Teacher Aides �or Youkh Sc�rving YoE�Ch
T�:�rty 7`citors (11i�;h Sci�ool Students)
��ti�l =�SIf�1f',• ��! �I�I�I� ���I�(i,f�t�tt�l
{rt+r I y 'Ct�t�t�i���t� A�+Jt�ta K- I .
�'t�as '1'c��tCl�rr Ai.Ja� - 1'� r�:t:hc�ctil �
Suppe�rtive I;aucation�'t k'r��j�ct
P�'�'S?i71S.F?� GOQ7tt1A��P.@
A co�m:ttee of pz�afet��ior�al� from the :�te Paul D�partment of Edu-
cation �nc� representati.�re� of MR�'C w�ll forr a corrunittee that will inter--
view selected candidat:es �or po�;i tio�.c�. T'hx��e ( ;} candidates will be
r�co�,m�nd�r2 t�> the Superintendent af cchaols who �rill make a recommeridation
to the Board of Educmtion.
The co�imitte� w-�11 be �tructured ar� f.ollovsa
'i Prof�ssion�l Educator working rrith ,wiod�l Cities
1 Representa�ive fro� the PersonneZ Department of the
St. Paul Schools
'1 Repr�sent�tive from ModPl Cities Education Task Force
1 Principal. �
1 1�IIVPC Reprerentative
1 MNPC Stafr Representative
All applics�ions �rill. be reviewed by thia pere,onne2 committee.
This persorynel coarmitte,� wiZl. serve all the aupportive Educa.tion Pro�ec�s.
i'"Gf�.7Q�;VE� �`�l�t I 1 Cr.G f"l�i.,.�rrZC . ,
fti�7
�-. Jee-�y Nugh��, ProtF3s�ic�r�a3 Educat4r �
��. ldat�la Cz��c�n, S�. P��t Pub( ic Schaois a P�rsonnet [7�p�rfirnsni° • .
E�-s. �ri-h 8en+�er, Educ�f foriat T�s€c Farce Chat r-m�n
�k�t�o! f'r t nc E p�� (rot��h 1 ng aecorc�i ng to sch�!) •
�f�nr�te Price, t�icade! Neighbc�nc�r>d Restd�znf - tAnna f�esd, altern�fie)
t�r-s. Su�t� f<nighfion, P�bdo{ Cttlos S�tafi` memb�a�
r.
�
�
,
Si�nnorti��e Educht.iona2 Pra�ect.
.�..e..___._—«__----— -
Adv:i.�ory C�m��ittee
7'he pui•��vse of thF� F;ducr�ti�t::+7 Pro�ect i� Lo im;:rove the pr•esezit educ�:tional
delivery E:ystem t�� �dE-qu�et�, v meet the nc-eds o: Lhe r�tudentr, of i.he rnodel nei�h-
bor�}�ood. The proj�c;t iE, dF: a�-:��d to FunnlemF�c,t tlae present educ�tic�nal ��rof;r�m
by inno��ativ,� pro�;r�rr.r. E:�:h r.om��onent o: the ��oject is relatpd in some t��y
to every othe;• �omponent so that each com�onent �ives strength and reir�forcement
to the totsl project. One advi�sory comraittee will E;erve the total project.
The committee wi1�1 coibsist of two pro.°e�sional educators representing th�
St. Paul Board of' Education, tvo members of the E!3ucational Task Force� one
mPmber o: MNPC, ar�e me�be�r of the plodel Cities �taff� and on� �arent from eaeh
e).en�entt�ry schoc�l.
Se�FC*ion !'rocedure for Parent Rep:esentatives
Five norair�ees (parents} will be reci-uitPd by t.he F,duca±i.onal Task Force from
exc,h elementary r.chool xn the 1�{odel Neighborhood Are�. Each �;arent will be
intervi�wed by the EciucHticnRl TaFk Force r�ith the� final decisi.on of parent
reF�recentatiues being It1A�P hy tne Educational Tas'r. Force.
. '••�� . ' � �
� , 1�;Oli;�L � l � ':; 1)1;�, , 1 ,`i. '1' U:'l � i " �',r;''� a'_`.;'�}��' .
. I'L',;:7' :[I. •- li
� . RUi);;i'.'.I.' .
, . �
�. � , �,: `-; ��•,'- � ,.t^t ''��� ' t��c'�::!
��UJ'1'�_ `!�i:.::�2 s0?'i'.I:i �.iC'• �.1:t.'t?;!:CrQ �;O 1��. .���;J'%'.�C ��.f: . �G7'Ii.:..t, �C 7� i.�li: c. iCi... li .
, C., t):- 'r.'.'.{. l- ," tf; �' 1'-,);ir-.�-., � 3. )..l.i..!.:i:i'tl :i.i.:..il:; . ;�?'p1�1'.L..�C 'i.0 ,l,`:)llt' 1): :>��:C�
(:.l.�.l ' , " J ��; 1 ii]lC .. ; �. �C C� : _ . .
'� 7 � ' ;' � �T` �' {;F: 1j,C'i�l� :,�"!Oli�_!3 �:�_ Qi:�C'i��:�
S}]J'tl�(� �;i' i:C..:E'C, tO �'.}iC �:OSL L:'t.�:f��� �� '-=i:.Ct.� .11l<•.i, O;i, ).Li •�
i �.t [�ri: r� ��,.t ��� �r��)`. i
, }'RO:,RGI� ��,D:�i7:i:_I:.���.�i;11. ,. ..J„.�.�,�- .
f1_e • ^l'yt;1�;�; -0?= 1.�:'-:!:�.=T Independe�t School Dist.rict _��625 '(Home-School-Liaison). `_� .M• ! . - _ _ _ N
' ?_.. �UllGi;'.0 .
--:�: ;.:�.: :"��.��: ::;�': ::":�:�; : : ::.:_:.'�:� :"�:_:: : ��. :�:�'::._�_:: :.: .._ :��: : ;� :.:." ::_ �: : :.�- - - �• - -�:.:;: : : ;: �-
. �
Aa CO��'i.' CI,7.'.;GO??y I•lodel ^i.tie.s .
� • Stii,p. l�gency Tot�1
' __ . . . . ... . . . _ . . _. ..... . . _.._ . ._. �. . �__.._..�. .._ . �.�-- -._._ ...---... ..._ . . -----__ .
.(1} -__.__.�... ... . . _.. . _ - . ��
3?ez,sont�el S<z�r;:��.e� $23,000 i $ $23,000
}�;�;�ploy::c Ben.:fits ' � ._ .-_ ... i . . . .___ __
(?_) Ga1:�a)_ta�;�'s .:nu Con�racl: .�cr��ices ..~ . . .�.._.___ -_....�~.200 _~.~� _ 1,000 ..,~ _. , .___ .
__ • - - .' . . . .._� -- ----•.___..___.!a . __...-�-----�--_._.J
_{,3..�z,(^..`1 ._. �_._ ... . _ . . . __ . . __ . . _ ._ �_____..___ ; i _ .__._._.. I_._. __ _.
. . ._.._._.._.-------___...__--..... _.�__....._ _ __..._._. .._ __ . .... . __ . ._.. ..__ �_._�.__ ..,...._... .i____.. - 4
(4)« s�-^�.�:�.__ ....:... ._ �_ .... . .-- •- - •.- -. .__ . __..____ . . .� ._. �__ _ __._. .__._ .___._.�___ __. . . . .._ � �._ . __.�_
(5) Con.�ur��:hl.� Sr.rPliv��'..�d Sci-vices ^ __�.v �_�___ _ __� __._.._ ..._._.�______.: .._.i_.__ �___
•(G)")'•.�n:'�zl, I�:G1Jl-'� or Pu��cl:::sc of E:;ui�:�:��•nt ! 800 � �F__ _ � _.______-•--
. ... ...�_._.. ...._......._.. . _ . ..._ . . ._ .. , . ._�. .� . .-. ._. . . _ __.�.._.__. _;_ ...__...�_ .._ _ ..._ - - --
t7) Ot}�::r � !. .. .__ . .__ _ ( . __.__--
.__ _._..__..._�._ _..._ __.. . _. . ... . . . . . . . ... . . . _� ._ . ._... _. ._. _ i - - . __ _------ . .._, -�-
._ . _ .._ ..__ ._ . __... . . . . .._ . .._ _ . __ . . . . . . _� . . . . _.� ._.. . 1-- . ... . ..�._ . ..__...___...�. < ....__,_ . . . -- ---
� . I ; I
.� _--_ ____... . ... .. .. . . . . . . . . _ . ,. . . . . . . ���,o��r;L ' . . _ _ . ., . . . . _. . ._ . ... , . . . . . . . . . . + ......�.. . .
. � 24,•000 1,000..__ , ,25,�OOQ._
...._�:_.`:..�:.�: : ::.�: _ :�: : : : : ; . . . ;_ . . . : _.: ' : : :: ' :��:.: : : : �i- : _•.': :�:.: : : . . . . ... . . . . . . . . :i' __ . . _ . .
C. �l�dul Ci{:ic:� Siipi;l�r�c»ta]. Ili;ld.. I 24,000 .l.. __ . ... . .�. . . . . . _ .
. __ . .__ . ... ..... . . . . ... . . . . . _ . . . . . _ . . . . . . . . . . _ ... ._. . . _ , --. . __.. . . . . , .. . .
D. Ol.l�cr ; ; __._.__ . ... . . ... . . . .
�;:�":.���.�_�_:.:.::.: :.: . ..: : ' : : : : : . ; . . . . _ - • . : ' : : : :':: : :�:�:..�: : :.: :��: : : : w: : :.. : ": ` . . .._ . . .__ . . . . .
BUDGET LINE (1)
Fersonnel
4 Home School Liaisons @ $5,500 . $22,000
Employees Benefits $ 1,000
BtTDGET LINE (2)
Consultant and Contract Services
Pre-Service - Itt-Service Workshops $ 200
Administrative Services �
BUDGET L�NE (3)
Travel
Conference and Meeting Expense
Employee Mileage Reimbursement
B�DGET LINE (5)
Cronsumable SuPplies and Services
Office Supplies
riODEL CITIES DEPARTMENT OPERATING AGREEi�'IENT
PART II - C .
TIME SCHEDULE
During the period of August 1, 197J. to October l, 1971,
the Administering Agency wilJ, recruit and employ staff.
During the period of August 1, 1971 to October l, 1971,
the Administering A,gency will formulate the program.
No later than November l, 1971, after formulatian of the
prograLn, the Administering Agency wil], administer the pro-
gram. The program �vill terminate at the conclus�.on of the
regul,ar school year.
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 covenants, agreements or stipulations of this Agreement,
the Model Cities Department shall thereupon have the right to
terminate this Agreement by giving written notice to the Agency of
such termination and specifying the effective date thereof, except
as may be otherwise provided in Notice of Suspension or Termina.tion
received by the Model Cities Department from HUD. The notice
given to the Agency shall be provided at least thirty days prior to
the effective date of such termina.tion. In such event, all fin-
ished or unfinished documents, data, studies and reports prepared
by the Agency under this Agreement, sha.11 at the option of the Model
Cities Depa.rtment become its property, and the Agency shall be en-
titled to receive just and equitable compensation for any work
satisfactorily completed on such docvments.
(b) Provided, however, tha.t if the Model Cities Depa.rtment
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 that the Agency sha.11 be able to complete its accrued
and/or current commitments on account of this Agreement. But this
provision sha.11 not be construed to relieve the Agency of its lia-
bility, if any, to the Model Cities Department for damages for
breach of contract.
(c) Either the Model Cities 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, sha.11 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 dama.ges
sustained by the Model Cities D�partment by virtue of any breach
o.f this Agreement by the Agency, and Model Cities Depa.rtment may
withhold any payments to the Agency for the purpose of setoff
until such time as the exact amount of dama.ges due the Model
Cities Department from the �ency is determined.
3. �Chan�es�. The Model Cities Department may, from time to
time, request cha.nges in the sc�pe of the services of the Agency
to be performed hereunder. Such changes, which are mutua.11y agreed
upo�n by and between the Model Cities Department and the Agency,
slzall 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 sha.11 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 shall be in the form of amend-
ments to this Agreement.
4. Personnel. (a) The Agency represents tha.t it ha.s, or
will secure at its own expense, all personnel required in perform-
ing the services under this Agreement. Such personnel sha.11 not
be employees of or ha.ve any contractua.l relationship with the
Model Cities Department.
(b) All of the services required hereunder shall be per-
fonned by the Agency or under the supervision of the Agency, and
all personnel engaged in the work sha.11 be fully qualified and
shall be authorized or permitted 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
sha.11 be subcontracted without the prior written approval of the
Model Cities Department. Any work or ser�ices subcontracted here-
under shall be specified by written contract or agreement a�d
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 unconditionally 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
pursua�nt 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 shall be responsible for the submission of affi-
davits required of subcontractors therevnder except as the Secretary
of_ I.abor ma.y specifically provide for variations of or exemptions
from the requirements thereof.
6. Pro 'ect Coordina.tion. The Agency, by its designee, s�all
participate wit t e 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 functio�ning in related field pro-
viding service in the Model Neighborhood area.
7. Citizen Partici ation. (a) The Operating Agency shall
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 erms an con itions of this Agreement in a satis-
factory manner as determined by the Mo�3e1 Cities Department, the
Model Cities Departme-nt 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 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 Department thereto.
10. Subcontract and Other A reements . The Agency sha.11 not
subcontract any portion o t e services to be provided hereunder
without the prior written consent of the Model Cities Department.
All consultants' contracts shall be approved by the Mode1 Cities
Department prior to the execution of any Agreement thereto. Any
purcha.se of real estate shall also receive prior approval of the
Model Cities Depa.rtment. 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
pursuant to a written contract which incorporates all Supplemental
General Conditions to this Contract and unless the Agency agrees
to compliance with HUD requirements with regard to accounting and
fiscal matters to the extent tha.t they are applicable.
12. Failure of 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 determina.tion of the Model Cities Depart-
ment, the Model Cities Department reserves the right to enter upon
the Agency's premises and perform all acts necessary and relevant
to the establishment of a proper system of internal fiscal control.
The Model Cities Department shall have the right to place its per-
sonnel� agents, or independent contractors upon the premises of the
Agency and use Agency's personnel to function in this area. The
Model Cities Department agrees tha.t at such time when the system
or systems conform to satisfactory practices, it will return jur-
isdiction and control to the Agency.
13. 0�ing Procedures. The Model Cities Department re-
serves the rigTt 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)
Al1 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, informa.tiona.l releases, pamphlets and
brochures or other material prepared and/or distributed by the
Agency shall identify the City of Saint Paul Model Cities Depart-
ment and the U. S . Department of Housing and Urban Development
as sponsors of the activity, in a ma.nner to be approved by the
Model Cities Department.
15. �Dis�lacement and Relocation. The Agency shall immedi-
ately noti�y t�e�f'o3eT�ities e'�partment 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, individua.ls or �
businesses within the Model Neighborhood. Such notification sha.11
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 Depa.rtment 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 shall be used to in-
crea'se 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 documentation 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 Employment Opportunity. During the performa.nce of
this Agreemen�f e gency agrees as �'ollows :
(a) The Agency will not discrimina.te against any employee or
applicant for employment because of race, creed, color, sex, age or
national origin. The Agency wi11 take affirma.tive action to en-
sure tha.t 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 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 wi11, in all solicitations or advertisements .
for employees placed by or on behalf of the Agency, state that
all qualified applicants will receive consideration for employment
without regard to race, creed, sex, age, color, or na.tional 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 sha.11 not apply to contracts
or subcontracts for standard commercial supplies or raw materials .
18 . Discrimination Because of Certain Labor Ma.tters . No
person emp oye on t e wor covere y t is greement s 11 be
discharged or in any way discrimina.ted against because he ha.s filed
any complaint or instituted or caused to be instituted any proceed-
ing or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable hereunder to
his employer.
19. Com liance with Local Laws. The Agency sha.11 comply
with all app ica 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.
20• 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 ha.ve any personal interest, direct or indirect,
in this Agreement.
22 . Interest of Certain Federal Officials . No member of or
Delegate to t e ongress o t e nite tates, and no Resident
Commissioner, shall be admitted to any sha.re or part of this
Agreement or to any benefit to arise herefrom.
23. Interest of A encY. The Agency covena.nts tha.t it pres-
ently has no nterest anc sFiall 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 performa.nce of this Agreement
no person having any such interest shall be employed.
24. Findin s Confidential. All of the reports, informa.tion,
data, etc., prepa.re or asse—mT�Ted 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 Citi_es
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 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
].ike items such as chairs with an aggregate cost in excess of
�100 ehall also be controlled and accounted for as nonexpendable
�roperty 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
funds ) . It shall also include information as to whether the
item of property was new or used at the time of aequisition.
The a��regate of the individual costs shown on the record cards
shall equal the balanae 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.
. U. S. DEPARTMENT OF HOUSII� AND URBAN DEVELOPMENT
P�IODEL CITIES ADMINISTRATION
SUPPLEMENTARY GENERAL CONDITIONS
FOR CONTRACTS WITH OPERATING AGENCIES AND CONTR.ACTORS�
The following conditions take precedence over any conflicting conditions
in the Contract:
�EC. 1. Restriction on Disbursements. -- No money under this Contract
shall be disbursed by the Agency to ar�y contractor except pursuant to a written
contract which incorporates the applicable Supplementary General Conditions
and unless the contractor is in compliance with HUD requirements with �egard
to accounting and fiscal ma,tters, to the extent they are applicable�
SEC. 100. Definitions. -- As used in this Contract:
(A) Agency means an entity, whether public or private, which has the
responsibility for ad,ministering a project or activity.
(B) Area means the model neighborhood designated in the Program.
(C) Contractor means an entity, other than an Agency (except as noted
in the Labor Standaxds Provisions) that flzrnishes to the City or to an Agency
services or supplies (other than standard commercial supplies, office space
or printing services) .
(ll) HUD means the Secretary of Housing and Urban Development or a person
authorized to act on his behalf.
(E) Progra.m means the Comprehensive Demonstration Program approved by
HUD as the same may from time to time be a.mended.
SEC. 101. Records. --
(A) Establishment and Ma.intenance of Records. -- Records shall be ma.in-
tained in accordance with requirements prescribed by HUD or the City with
respect to all matters covered by this Contract. Except as otherwise author-
ized by HUD, such records shall be maintainEd for a period of three years
af`ter receipt of the final payment under this Contract.
(B) Documentation of Costs. -- All costs shall be supported by properly
executed payrolls, time records, invoices, contracts, or vouchers, or other
official documentation evidencing in proper detail the nature and propriety of
the charges. Al1 checks, pa�yrolls, invoices, contracts, vouchers, orders, or
other accounting documents pertaining in whole or in part to this Contract
shall be clearly identified and readily accessible.
* The conditions must 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 contracts with contractors.
NUD-7050 1t—es1
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SEC. 102. Reports and Information. -- At such times and in such forms
as HUD or the City may require, there shall be flzrnished to HUI) or the City
such statements, records, reports, data and infox•m,ation, as HUD or the City
may request pertaining to ma.tters covered by this Contract.
SEC. 103. Aud,its and Inspections. -- At aqy time during normal business
hours and as often as the City, HUD and�or the Comptroller General of the
United States ma,y 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 employment and other data relatir� to all ma.tters covered by this Contract.
SEC. 104. HUD Requirements. -- Unearned payments under this Contract may
be suspend.ed or terminated upon reflisal to accept ar�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 f�anctions or responsibilities in connection with
the ple.nning and caxrying out of the Program, or a�y other person who exer-
cises arLy flznctions or responsibilities in connection with the Program, sha11
have ar�y personal financial interest, direct or ind.irect, in this Contract;
and the Agency shall take appropriate steps to assure com.pliance.
(B) �The Agency agrees that it will incorporat�e into every contract
required to be in writing the following provision]
Interest of Contractor and Employees. -- The Contractor
covenants that no person who presently exercises ar�y functions
or responsibilities in connection with the Program, has at�y
personal financial interest, direct or indirect, in this
Contract. The Contractor flxrther covenants that he presently
has no interest and shall not acquire any interest, direct
or indirect� in the Model Neighborhood Area or ar.�y paxcels
therein, which would conflict in ar�y manner or degree with the
performance of his services hereunder. The 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
paragraph shall be interpreted in such a maxiner so as not to
unreasonably impede the statutory requirement that maximum oppor-
tunity be provided for employment of and participation by
residents of the area.
* The bracketed material should be deleted in contracts with contractors.
MU D-70901 z-a9)
. 3
SEC. 106. OPportunities for Residents. -- In all work made possible
by or resulting from this Contract, affirma.tive action will be taken to
ensure that residents of the mod.el neighborhood area 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 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
applicant 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 during employment without regard to
their race, color, religion, sex, or national origin. This requirement shall
apply to but not be limited to, the following: employment, upgrading, demotion,
or transfer, recruitment or recruitment a.dvertising; 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. Al1 solicitations or advertisements for
employees sha11 state that all qualified applicants will receive consideration
for employment without regaxd to race, color, religion, sex or national origin.
(B) No person in the United States shall, on the ground of race, color,
religion, or nationa.l origin, be excluded from paxticipation in, be denied the
benefits of, or be sub,ject to discrimina,tion under ar�y program or activity
made posaible by or resulting from this Contract. The Agency and each employer
will comply with a11 requirements imposed by or pursuant to the regulations of
HUD effectuating Title VI of the Civil Rights Act of 196�+.
�C) The Agency hereby agrees that it will incorporate into ar�y contract
for conatruction 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 flzrther 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 construction work:
Provided, That if the Agency so paxticipating is a State or local �overnment,
the above equal opportunity clause is not applicable to ar�y agency, instrumental-
ity, or subdivision of such government which does not participate 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 furnish HUD and the Secretary
Muo—�osu�:-69)
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of Labor such inforu�.tion as they may require for the supervision of such
compliance, a.nd that it will otherwise assist HUD in the discharge of its
prima,ry responsibility for securing compliance.
The Agency �ther agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 112�+6 of
September 24, 1965, with a contractor detarred from, or who has not demon-
strated eligibility for, Government contracts and federally assisted construc-
tion contracts purauant to the Executive Order. In addition, the Agency
agrees that if it fails or reflises to comply with these undertakings, the
City may take any or all of the following actions: Terminate or suspend in
whole or in part this Contract; refrain from extending ar�y further assistance
to the Agency under the program with respect to which the failure or reftiisal
occurred until satisf�ctory assurance of future compliance has been received
from such Agency; and refer the case to the Depaxtment of Justice for appropri-
ate legal proceedings.
SEC. 108. Labor Standaxds. -- There shall be included in all construc-
tion contracts, made possible by or resulting from this Contract, with private
entities the applicable labor standards provisions, if the work being carried
on is not otherwise sub�ect to grovision of Federal law imposing labor
stande�rds on federally assisted construction arid in the case of residential
pro�ects if the pro3ect is designed for the residential use of eight 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. -- Any discovery or invention arising out of or
developed in the course of work aided by this Contract shall be promptly and
flilly reported to HUD for determination by HUD as to whether patent protection
on such invention or discovery shall be sought and how the rights in the in-
vention or discovery, including rights under ar�y patent issued thereon, shall
be disposed of and administered, in order to protect the public interest.
SEC. 111. Political Activity Prohibited. -- 1Vone of the ftuids, materials,
property or services provided directly or ind.irectl,y under this Contract shall
be used in the perform�nce of this Contract for ar�y partisan political activity,
or to further 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 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.
HUD��O� ($�a0� •U.5.60VEqNMENT►NINTINGOFFICE:Il690-7�3-0�2
„ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MODEL GITIES ADMINISTRATION
LABOR STANDARDS PROVISIONS
l. OPPORTUNITIES FOR RESIDENTS
In a7.1 work made possible or resulting from this Contract, affirma.tive
action will be taken to ensure that residents of the. model neighborhood area
r�xe given maximum opportunity for training and employment and that business
concerns located in or owned in substa.ntial part by residents of the model
neighborhood. axe 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 discri.minate against ar�y employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Contract will take affirmative action to ensure that applicants
are employed, and that employees are treated during etuployment without
regaxd to their race, color, religion, sex, or national origin. . Such action
shall include, but not be limited to the follawing: Employment, 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
clauae.
(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 commi.tments under this section,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comp�y with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
ordera of the Secxetary of Labor.
(5) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, arid will permit access
HUD-J051 12—eo)
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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 Contract or with ar�y of the said rules, regula-
tions, or orders, this Contract may be canceled, terminated, or suspended
in whole or in part and the Contractor ma.y be declaxed ineligible for
further Government contracts or federally assisted construction contracts
in accordance with procedures authorized in Executive Order 112�+6 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 paragraphs (1) through (7) above
and 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 112�+6 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vend.or. 'I'he 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 sanetions 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 may 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
ma.intain or provide for his employees any segregated facilities at ar�y of his
establishments, and that he does not permit his employees to perform their
services at at�y location, under his control, where segregated facilities are
maintained. The Contractor covenants that he will not maintain or provide for
his employees ar�y se�regated facilities at ar�y of his establishments, and that
he will not permit his employees to perform their services at ar�y location,
under his control, where segregated facilities are maintained. As used in this
paragraph the term "segregated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating axeas, timeclocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housirig facilities pro-
vided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, creed, color, or national origin, because of
habit, local custom, or otherwise.
3• SPECIAL USE OF TERM
Notwithstanding Section 100 of the Grant Agreement and Section 100 of the
Supplementary General Conditions, the term "Contractor" may include a,n'bperating
Agenc�' as defined in the Grant Agreement and an"Agenc�' as defined in the
Supplementary General Conditions.
MUD-7051 tz—asi
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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 tha.n
once a week, and without subsequent deduction or rebate on ar�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 full amounts 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
ma.de 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 pro�rams, but coveririg the particulax 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
paxties 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 hourly cash
equivalent thereof to be established. In the event the interested parties cannot
agree upon a cash equivalent of the fringe benefit, the question, accompanied by
the recommendation of the Contracting Officer, shall be referred to the Secretary
of Labor for determination.
(iv) If the Contractor does not ma,ke payments to a trustee or other third
person, he may consider as paxt of the wages of ar�y laborer or mechanic the
amount of ar{}r costs reasona.bly anticipated in providing benefits under a plan
or progra.m of � type expressl,y listed in the wa.ge determina.tion decision of
the Secretary of La,bor 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 standaxds of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate
account assets for the meeting of obligations urider the plan or progra.m.
HUD_7pS1 (2-a�l
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(2) Withholding. HUI) may withhold or cause to be withheld f`rom the
Contractor so much of the accrued payments or ad.vances as may be considered
necessary to pay laborers and mechanics employed by the Contractor or ar�y
subcontractor on the work the flzll a.mount 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, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of ax�y further payment,
advance, or guaxantee of fluids 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 address 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), 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 any laborer or mechanic include the a.mount of
ax�}r 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 financial�y 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 actua,l 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 party the
Contractor will submit the payrolls to the Agency for transmission to the City,
for transmission to HtTD. The copy shall be accompanied by a statement signed
by the empl�yer 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 submission of a "Weekly
Statement of Compliance" which is required under this Contract and the Copeland
regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the
initial payroll or ar�}r subsequent payroll of a copy of ar.�y findings by the
Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisf� 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 clauses of the Contract available for inspection by
authorized representatives of HUD, the City �r the A�enc� and the Depaxtment of
Labor, and will permit such representatives to interview employees during work-
ing hours on the �ob.
(�+) Apprentices. Apprentices will be permitted to work as such only when
they are registered, individual]�y, under a bona fide apprenticeship prog-ram
registered with a State apprenticeship agency which is recognized by the Bureau
MUD-7051 tz—eei
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of Apprenticeshi.p and Tr�.znzn;�, Lrnited S-;a-tes Department of Labor; or, if
no such recognized a��x.icy exisrs i.n a, S�ate, under a program registered with
the Bureau of Apprenticeshi� �,�d ic•��ining, Unitec� States Department of Labor.
The allowable ratio o� �.pprer�tice,�, tc jourr.eymen. in ar�y craft classification
shall not be greater ti�.�..n �cr•.e s t�.��zc �extx�itt;e� to the Contractor as to his
entire work force unde.r the r��}isterecl pxo�r.a,m. Ar�y employee listed on a
payroll at an apprentic� ��;a;�e ra.te, �Tho is not regis�ered as above, shall be
paid the wage rate de�terrai�°lec� �� ti�.� S�cre�tary of Labor for the classifica-
tion of work he actuall,y per�ox�m�da 1'he ron�ractor or subcontractor will be
required to flzrnish �o �Cl�e Cc����z�,c-i,�ng Ofzicer wxitters evidenc4 0� the
registration of his progr�.zn �,rd a�apx�eiztices as we11 as of the appropriate
ratios and wage rates, �'�r �i;hc.� ax•�a. �i conat:c�u.ction priar to using any
apprentices on thA con-txac� w��.r.'c.
(5) Complianc e wiir� C��:'_anci Re;ul.�.t:i.ons (29 CFR Part 3). The
Contractor shall comp.l;j- wi-;;h �hc Co��la.zic� Re�ulations 29 CFR Part 3) of the
Secretary of Labor wh'�ch are p�erein incor.�oratea by reference.
(6) Subcontracts. 'I`ti� Cor.itra,etor will insert in any subcontracts the
clauses contained in 29 CFR ;.';i(a.)(1_) t:�rough (5) and (7) and such other
clauses as HUD ma.y by appropri.atF ;_.nstruccions require, and also �. clause
requiring the subcontr�,ct;ors -�o i.�.t:.i..uc�e these clauses in any lower tier sub-
contracts which they may en�L-e�� int�, -vo;�e��her. with a clause requiring this
insertion in ar�y further su�acc;n-+vr�.�ts �cna-c may in tuxn be made.
(7) Contract tez•mi.n�.t:ion� u��a.rmen�. A breach of clauses , (1) through
�_.,�z..___.__.-
(6) may be grounds for term��ia�ti��n O�' '�}1F: CGi1t1"&C�� and for debarment as pro-
vided in 29 CFR 5.6.
5. CONTRACT WORK H�YJRS S�l�'A�DA.R'�JS AC'I'
(1) Qvertime rec�uirer�.��z�:N, i`?� Cuntr.actcr or subcontractor contracting
for any part of the c�z��r�.c�t ;:�or'.� �w?1y�Y-i m.ay require or involve the employment
of laborers or mechanics sY���.:1.-s_ rec�,,zzr� o�^ pe�i.-L ax�y laborer or mechanic in
ax�y workweek in which �-ae ��.� emp:�_oyec! on �uci� wor� to work in excess of eight
hours in ar�y calendar. cl�y or -ir� exc�ss ofi �'ort;y hau.rs in such workweek unless
such laborer or mecha.:r�.:ic :�:�:c�i.vcs colnpe.�satior� at a ra�;e not less tha.n one
and one-half timES �lis b��,:>�.c x��.��l;E �:P pa� for a11 hours worked in excess of
, eight hours in ax�y ca,l.ep.a�.ar d�.y� or i.i exce�s of forty haurs in such workweek,
as the case may be,
(2) Violationl i���;b��i�;��r i c^r u_n;���,ic� Taa.r��i; iiquidated d es In the
event of ar�y violation o_f t,PL;:���ause set Corth in subparagraph 1 , •the Con-
tractor and ar�y subcontrac�tar x•es�uo:clsibl.� th�refor shall be liable to ar�y
affected employee for �h�i_� unpa�_3 Ta�;�s , ?n addition, such Contractor a.nd sub-
, contractor shall �he �_±_au'c,� �';o ��ie Uni�ted. S�at�s (irl the case of work done
under contract for i;r�c Distric� of �oluzriz�ia or a territory, to such District
HUD�7051 (2-6fl)
, • '
. � ,
6
or to such territory), for liquidated da.mages. Such liquidated damages shall
be computed with respect to each ind.ividual 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 overti.me 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, from ar�y moneys payable on account of work per-
formed by the Contractor or subcontractor, such sums as may administrative]y
be determined to be necessary to satisf`y ar�y liabilities of such Contractor or
subcantractor for unpaid wages and liquidated da.mt�es as provided in the clause
set forth in subparagraph (2) .
(4) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set forth in subparagraphs (1), (2), and (3) of this paragraph and also
a cle.use requiring the subcontractors to include these clauses in ar�y lower
tier subcontracts whic� they ma,y enter into, together with a clause requiring
this insertion in ax�y flirther subcontracts that.may in turn be ma,de.
HUD-70S1 �:-ao� Huo-wa.n., o. c. 236133-P
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