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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� � ,�.. � ��. ' , _ � . . _. ` a- . . , � ' '� ' .�J��`��� �. �� r-. 1� r ?�, ,�, r� r .._....,_.._._..�.,__._._._... __ , 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; _ l•:1'1"�1;;✓�.'„'F� , . 1 J!��_ii c 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_ .�?��.,. ....._._......,...._..w........_,..t.._.._....�9 "�'�f� (�,? 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 . , } � . �+ . � . _ . � . 25�'785 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. 2. , . • , • ` , , , . . a (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 3. , , . . • . , - + , . � � - • a 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. 4. , � , � , � . ` � . 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 S. � � _ , ' - � . . � 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. - 6. , , - , , . 4 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 7. , � ' � � , . �. , . � . (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 . 2 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) - 4 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) r ' � � . ' . � . �.. � ` 2 to his books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regula- tions, and orders. (6) In the event of the Contractor's noncompliance with the nondis- crimination clauses of this 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 ; ' , ' � 3 4. DAVIS-BACON ACT (1) Minimum wages. (i) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often 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 . : ' • �+ (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 . , ' � ' , . � ' S 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 � � G ' t:) • ' � ' p. •, U1 p_ # � � C C O U1 (� i-- � v � — •• Ul � . in r� m a O �i? L, O o.— `►- — Z n• .�.. w U� 1 !-- . 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