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256488 � � � ,{� ORI6INAL TO CITY CLERK f��A�� - � CITY OF ST. PAUL F,OE NCIL N0. 'a `�x OFFICE OF THE CITY CLERK OUNCIL RESOLUTION—GENERAL FORM PRESENTED BT COMMISSIONE ATF RESOLVED, at the Council of the City of Saint Paul does hereby approve the Operating Agreement between the City, acting through its Model Cities Department, and the Hallie Q. Brown House, Inc. (Cultural Enrichm.ent for the Model Neighborhood), 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 are hereby authorized to execute the said Agreement on beha.lf of the City of Saint Paul. EoRM o� � . Ass : o tion sel � NOV 2 3 t97� COUNCILMEN Adopted by the Council 19—. Yeas Nays Butler �Q� g 31971 ve� 19� Levine �n Favor Meredith Sprafka � yor Tedesco A 8'��st ;� Mr. President, McCarty pu6USl�� 1�OV 2 7 � � • - �5648� DUlLIC/1Ti TO PRIMat � CITY OF ST. PAUL ��UNCIL NO OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GC�VHtAL FORM PRBSFJ�RED!T COMMISSIONER �ATE RESOLVED, That the Council of the City of Saint Paul dose hereby approve the Operating A,greement b�tween th� City� acting throvgh its Model Cities Department, and the Hallie Q. Brown Housa, Inc. (Cultural Enrichment for the Model Neighborhood)� a copy of said Agreament being on file in the Office of the City Clsrl�� at�d be it FURTHER RESOLVED, That the Mayor, Director of Model Citiss Dapartment� City Clerk, a�d City Comptroller ars heraby autl�ori��ed to �x,ecute the said Agreem�ent on behalf of th�e City of Saint Paul. NOV 2 3197� COUNCILMEN Adopted by the Council 19.— Y� Bu�� Na� N ov a s �s7� Approv� 18_ Levine Tn Favor Meredith Sprafka �� A arsiinat Tedesco Mr. President, McCarty �� 1 , . , s �t5��,� � � AGP. EEriENT THIS AGREEr�NT, Made and eriL-ered into this day of , 1971, by and bet��,een the Cii�y of a1ni: Pau1, �cting t ��►_-ou;� izs �iodel Ci�.ies Departn:enL- , herein;a.fLer referred te as "Modc1 C;�i�ies Depart�mer.t", and Hallie Q. Brown Co�nity House, Inc. herei.na�ter referred to as "Agency"; - l�JITNESSETH: � , WffiER�AS , The Mode1 Cii�ies Department on the 23rd day of tinril, � 19719 recei_ved a gr_ant snder the United States Department of � Housing and Lr_U�.n Development Demonstration City and rietropolztan . De��elop:ner.t Act of 1966f Title I, said grant designuted as Gra�t No. �1Ep22-Q03; an� . . WHEREAS, Pursuant to said grant, Model Cities Departme�zt is undertaking certain activities; and. tdHEREASf The Model Cities Department desires to engage thP Agency to render certain assistance in such undertak'�ng psrsuani� . to and in compli_ance t�aith the Grant No. TiE-22-�OU3; I�Qi��, T;;iREFORE 3 THE I�011�L CITI�S D�PAFTT�NT AI`tD TciE AGE��CY I)0 MUT�LALLY AGREE AS FOLLOi�7S: - A. Scoge uf Services: The Agency shall, �,�ithin thE: Sur��it-� Uni.versity ?��odel Neighborhood, in a satisiactory a�d nrop�r ma:ner, as determined b�T ATodel Cities Department ancl under t.l-�e direc4ion , oi� i�he Model Cities llepartmcnt9 perform those activities se1� �c3rth ' in the attached Part II and shall perform the activities ��iL'hi?-! the timetable set forth in Part II. � B. Fundin�: (1) The Agency shall commence perform�ince of this contract on the �� day of November, , 19 71 , and shal7. complete� performai:ce no later t a�tTie 30th da)T of June� , 1572 . (2) It �_s expressly understood and agreed that in no eveni: will. the Lotal amount to be paid by i:he TTod�1 CiLies Depar_tm�n� i�o t:ze Agenc�T under Lhis Agreement excee� the sum of $ 22,765.40 for full and compl.ete sa�isfaci�ory pe-rformance in accordance �aith the budget attached ta this Agreetn�nt in Part Il, and �.n no cveni: shall exceed the amount of I'ederal fusids received by Model Cii:ies D•�L�artmznt fro:�t the DePartmeni: o� `Housing and Urban Det�clopmnni: .(HUD) f�r this projccL pursuant . � - l • « � 1 to the i�iodel Cities Department' s ComprLt��nsive First Year Action Pian as approved by HUD. (3) Flexibil.i't �n Bud et: Agency sha11 make expenditures accor ing to t e ine items as set fo-rth . in the attached Budget. Al1 proposed amendments to the Budget must be submitted to the Model Cities Department for review. a) Agency ma.y amend the Budget line items without rTodel Ci�ies Department' s written approval under the following circumstances : ' i) �The revision of a line item does not con- stitute a substantial change in program objectives; and ', ii) The revision of a line item does not con- �, stitui:e a change of more than IO% of the , line item or 5% of the total Budget. I b) Agency \ma.y amend the Budget as follo�as only upon the � prio� written approval of the Model Citi�s DePartment` s � Director: � . i) Tlie revision does not constitute a suUstantial � • change in program objectives, and the t-ransfer , �' �' of one line item to another line item does not ' ` constitute a change o� more thar. 15% of the i line item or 10% of the total approved Budget. i � ii). The revision of a line item constitutes a �, change of more than 10% of the line item or � more than S% of the total Budget. � c) ' The follow�ng amendments require a Contract amendment I and written approval of the Model Neighborhood Planning , . Council and the Saint Paul City Council: . ' � �.) The proposed revision constitutes a suUstantial change in the program objectives, the scope of y . services set forth in this Agreement and/or the work program} or ii) Any change which would cause the total amount , of the Budget to be exceeded; or ' iii) The transfer from one line item L-o another line i�em would constitute a change ot more than 15% - of the line item or more than 10% of the total Budget. 2. � , , � • , (iv) The changes in physical location of approved project would restrict the participation of ' Model Neighborhood residents . (4) Subject to the receipt of funds from the United States Department of Housing and Urban Development, the Model Cities Department sha.11 make payment under this Contract in the following manner: • TYie Agency shall present to Model Cities Department ati itemized requisition for (monthly)(��3� reim- bursement, in form approved by Model Cities Department and _ the City Comptroller. Requisitions shall set forth the disposition of amounts spent during the preceding (month) (��x�� together with an estima.te of ex enses to be in- curred during the next succeeding (month)(c�t��, with reference to expense categories as set forth in the attached Budget incorporated within Part II. Mo3e1 Cities Department will ma.ke payment to the Agency within 30 days ', after receipt of the requisition, after having revie�,7ed and approved the requisition. Requisitions shall include � the following categories : �, (a) Personnel (wages, fringe ber�efits) . (b) Consultants I (c) Space rental � � � (d) Travel {e) Consumable�supplies (f) Equipment-rental, lease � (g) Other costs . , (S) The Agency shall maintain verification for all ex- penditures including, but not limited to, time sheets, � invoices and receipts, and sha.11 keep and retain such � documentation for the period of time that is required to ma.intain� its records hereunder. (6) No requisitions shall be filled if, at the time it ' is ma.de, the Agency has more than 4% of the total Model I Cities Department funds allocated under this Agreement on deposit in its depository. C. Independ�nt 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 all employees of the Agency or 3. , ' • or other persons, while engaged in the performance of any work or services required by the Agency under this Agreement, shall not be considered employees of the City; and any and a11 claims that ma.y or might arise under the Workmen' s Compensation Ac� of Minnesota on behalf of said employees or other p�rsons while so engaged, hospitalization insurance coverages, Social Security and pension payments and benefits, other emp�oyee obligations and bene- fits, and any and all claims ma.de by any third party as a conse- quence of any act or omission on the part of th� Agency, the employees or other persons while so engaged on any of the �aork or services to be rendered, shall in no way be the obligation or . responsibility of the City. The Agency shall pay as they become due all just claims for work, tools, ma.chinery, slcill, materials, insurance premiums, equipment and supplies furnished, rendered or performed in the execution of this Agreement. . D. No Discrimination: The Agency shall be deemed a contractor for the application o a provisions hereof and laws against un- lawful discrimina.tion on account of race, creed, •sex, ag.��c color hereunder. The Agency agrees in accordance with Chapter 238, Laws of the State of Minnesota for 1941, that in the hiring of com-non or skilled ' labor for the performance of any work under this Contract or any ; subcontract hereunder, no contractor, material supplier, or vender ; shal.l,; by reason of race, creed or color, discriminate against any � � person who is a citizen of the United States who is qualified and � available to perform the wo�k to which such employment relatesf � that no contractar, ma.terial supplier or vendor under this Contract ; sha.11 in any manner discrimina.te against, or intimidate, or prevent the employment of any person, or on being hired, prevent, or con- ; s ire to prevent, any person from the performa.nce of worl: under : .t is Contract on account of race, creed or color; and tha.t this Contract �may be cancelled or termina.ted by the City, and all money � due or to become due hereunder sha.11 be forfeited for a second or � any s�.bsequent violation of the terms or conditions of this Cantract. � This Contract is subject to Title VI of the Civil Rights Act � of 1964 (P, L. 88-352, approved July 2, 1964) and the rules and ( regulations (24 CFR, Subtitle A, Part 1) , issued by the Housing ' and Home Finance Agency pursuant thereto. � + E. Indemnification: It is further agreed i:hat the Agency � shall de -en an save t e City of Saint Paul harmless from any claims, den�nds, actions or causes of action arising out of any � negligent act or out of any negligent omission on the part of the • Agency, its agents, servants, or employees in the performance of or with relation to any of the work or services provided to be per- formed or furnished by the A,gency under the terms of this Agreement. � 4. ' . ' F. Res�dent Em Iovment and Trainin Re uirements : Section 103(a) of tie llemonstratlon Cities an Aetropo itT an Development Act of 1966 � requires that a comprehensive city demonstration pro- gram provide "� -'� %� maximum opportunities for employing resi3ents of the area in all phases of the program and enla.rged opportunities for work and training" and that it "%: : %: m3ke marked progress in reducing -; =� :; underemployment and enforced idleness ; %� %;." In the performance of this Agreement, the Agency shall comply with all requircments of HUD pertaining to its general policy on employmenL :�nd "training of I�iodel Neighborhood residents in a�l jobs g�nerated �y tnis Agreement and the submission requirements � � for the imp�ementation of thzs policy, as set forth in HUD Handboolc MC 3160. 1, i�odel Cities Employment. and iraining Requirements (CDA �.etter No. 11) . Agency sha.11 in�lude these provision� dealing with Resident Eaiployment in a�I of its operating subcontracts. Agency agrees to compl}T with the Employment• ar�d Training goals set forth ira.. �he Saint Pau1 Model Cities Resident Employment and Training Plari; as set forth in Part II hereof. �lithin 30 days after the e�ecu.tion of this Agreement, Agency shall submit'�or approval an employment plan together with specific employment and training goals for the implementation of this policy. In the execution of such plan the Agency must demonstrate marl:ed progress toward speciL-ic goals in each succeeding phase of the program. All positions generated by this project and Agreement and all positions b�coming vacant s�h.all be filled by Agency by Model Neighborho�d. residents . All such positions of employment sha.11 be listed with the Model Neighborhood Employment Center. Only re- ferrals from th� rlodel Neighborhood Employment Center shall be accepted for employment by the Agency. AgPncy shall not ma.ke any exception to these provisions unless the Agency is granted a waiver by the Model Cities Special Revieca Board. If the Agency desires . such .waiver, it shall ma.ke �aritten request therefor to the Model Cities Special Review Board and shall set forth the follawing information: • �. 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 into this Agreement, Agency shall submit, in ' writing, a listing of available jobs with a job description axid 5. a salary range for each positi.o:-i. Each job description shall contain a definition of the position, examples of duties and minimum qua.l- ifications for the position. Job descriptions are subject to review and approval of the Model Cities Department.. Within thirty (30) days after execution of this Agreement, Agency sha11 develop for review and approval a specific program to � upgrade eligible, potential and interested employ�es in each para- professiona.l job classification. This upgrading shall be designed to lead to greai:er responsiUility or full professional. st-atus, and those employees so upgraded shall be retained in professional leval positions as such positions become available through staff turn� � over, expansion or new program development. The training proc�dures will be designed to remove identified impediments to hiring and upgrading of disadvantaged Model Neighborhood residents and pr�vide them with occupational mobility �hrough seniority, interagency transfer agreements, civil service status, union membership or other prerequisites to such mobility. Agency shall show how it plans to remove or ease significant merit system impediment.s to the employment of disadvantaged Model Neighborhood residents in such re lated__j obs . Agency shall designate a staff inember as Training and Develop� ment Officer to be responsible for development of training progxarr�s and employability development plans for a11 employees . An Employ- atiility DevelopmenL Plan in writing shall be developed with each employee using behaviorally defined objectives. Within thirty (30) days after execution of this Agreement, Agency shall submit to the Model Cities Department g�ievance procedures to be followed by the Agency and available to its employees. G. Terms and Conditions : Agency shall be subject to and . shall comp y wit a terms and conditions as set forth in the attached Part II. � Agency shall include similar terms ar�d conditions in all of its �ontracts with other agencies in the performance of this Agreement. . . H. Su lementar Conditions : This Agreement incorporates the "?�Iode zties ministration 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 therein, it shall mean "Model Cities Department". The Supplementary General Conditions shall be incorporated in all con- tracts b�tween Agency and its contractors. 6. . . I. Administrative LaUor Standards : This Agreement incorpor- ates the o e ities A ministratior. box Standards Provision" � - HUD-7051 (2-69), which is part of the attached Part II. Where � ' the term "City" is used therein, it shall mean "Model Czties Department"; and where th� term "Contractor" appears therein, it ; sha.11 mean "Agency". These La.bor Standards shall be incorporated ;; in all contracts between the Agency and its contractors . J. Records Re orts and Information: The Agericy shall be i responsib e or t e malntenance ot recor s and accounts, including property, personnel and fina.ncial records adequate to assure a ' proper accounting for a11 project funds, Federal and/or non- � Federal. These records will be ma.de avai.lable for audit to repre- sentatives of the Model Cities Department, the Uniteci States � Department of Housing and Urban Development, the Co:nptroller Gen- eral of the United States or any authorize3 repr�sentatives of any . or a11 of these agencies, and will be retained for t�.ree yea�e"s � after the expiration of this Contract unless w-ritte� permission is given for �heir destruction by Model Cities D�partment and the + Secretary of the United States Department of Housing and Urban Y Development._ __ � � Agency shall furnish such statem�nts, records, reports and ; information as is called for in the Model Cities Department data a reporting packa.ge, which is incorporated herein by reference and � made a part hereof, and such other forms as may from tim� to time be required of the Agency by the Dppartment of Housing and Urban � Development and/or Model Cities Department. ; , . � K. The Agency shall provide information to the Model Cities ` Depa.rtment for purposes of evaluation and conti�zuous planning � ° pursuant to a monthly reporting systern. This reporting system shall include: ' a Output Measure Report (monthly) ' b Output Measure Report Narrative Report (monthly) � � c Agency Statement (monthly) - , d Participant Beneficiaries Report (monthly) - e Project Work Program (monthly) � f Budget and Output Measure Forecasts (monthly) . g Narrative Report (monthly) L. Work Pro ram: Within one month foilowing the execution of this Agreement, t e Agency shall submit to the Model Cities Department, for its approval, a Work Program setting forth how �he ' Agency wi11 implement the scope of services as set forth in this Agreement, and including the following: . (a) Job Description for each staf£ position ' 7. ' b Timetable for hiring staff c Detailed description o.f- tne tasks to be undertaken d Methods by which the successful completion of these tasks will be achieved (e) Timetable for such completion. IN WITNESS WHEREUF, The parties have caused this Agreement to be executed the day and year first above written. CITY OF SAINT PAUL � � Approved as to Form: MODEL CITIES DEPARTMENT ' i pec�a ssistant yor i Corporation Counsel irector Approved as to Form & Execution: � ity er pecia ssistant Cbrporation Counsel . • ity omptro er �� i . i In the Presence of: HALLIE Q. BROWN COMMtJNITY HOUSE, INC. , _ By• - � •Its � Its �� APPROVED by Council Resolution C.F. No. - Dated: . 8. �. � � ��r� r �-� SCOPE OF SERViCES _ NAME OF PROJECT: Culturai Enrichment for the Model Neighborhood ADMINISTERING AGENCY: Hallie Q. B�own Community Center SUBCQNTRACTING AGENCY: None A. GOALS This project is intended to initiate a comprehensive cultural program for the Modei Neighborhood by drawing upon some of its diverse re- sources for minorities, age groups, and netionalities as raw material . The existing culturally related groups and organizations are willing to make their facilities and staff available for programs in the "inner city" which the residents feel relevant to create a varied - program concentrating on art, music, and drama. B. PURPOSES AND OBJECTIVES I . Make use of the technique of relevant theater in the genera) training of young peoFle and more specifically in the production of plays. 2. Provide cultural enrichment classes in music, dance, creative dramatics, speech, reading, acting, and grammar. 3. Provide the drop-out and other residents an opportunity to experience success in a new medium thai- wili redound to their general cultural growth. 4. Provide an elternative positive use of leisure for people in the Model Neighborhood. 5. Provide financial remuneration and incentive fio drop-outs and others who qualify under the Ecanomic Opportunity Act. 6. Provide young people with an opportunity to deal with their problems th rough the group process. , C. OPERATION I . The project will operate at Hallie Q. Brown Comrnunity Center, 533 Au rora Avenue. 2. It will be staffed by a staff of four a. Assistant Project Director ' b. Music Director c. Modern Da�ce I nstructo� d. Secretary , 3. In addition to hiring the four staft listed on page I , the agency , wil ! attend "ReCruitment Day" at the University of Minnesota to obtain volunteers for ditterent parts of the program. 4. The program will be directed primarily to youth and part of the program more specificaily to the potential drop-out. However, there are opportunities fihat are also provided for adults. 5. Preference will be given to residents of the Model Neighbofhood, although the services wili be available to groups in the city. 6. Classes and workshops wii ! be offered in theat�r, art, dance and mus i c�. _ 7. Each part of the program is structured_to provide.specific training to the par-ticipants so that they come to realize a sense of accomplihsment in the form of a play, musica) show, or art exhibit. D. PROGRAM " I . Theater. (Adult Group) The adult group af the Hallie Q. Brown piayers wiil consist of interested peopie from the community recruified by the worker. Techntcal advice can be had for th� asking from the numerous colleges within the Twin Cities. Playing Production Currently rehearsing "7he Winner", a play by Florence A. Kaufman that will tour the local area, the players wiil do three other piays for 1971 : ' "When the Wagon Comes" by Henry R. Thomas "CaOdonia" by Alvin M. Stafford "Century Man" by Lucius Stone � Theater: Pre-Teen Group (9 - 10) " This group wiil do improvisations and learn i-heater techniques � and will stage plays on the same bill as the Teenage group. 2. Nbdern Dance Thursday - Evening class i� Modern and African Dancing 3. Music a. Small musical combo - Recruiting p�ogram in effect b. Choral Group - Recruiting program in effect c. Solo Cor�certs - Recruiting program in effect � � 4. A rt a. Art Classes - one session a week ( in planning> I . Art Competition (First Annual Ar-t Show - May 30) b. Crafts - Classes to begin I1/II/71 , (7:30 - 8:30) c. Woodshop - one session a week ( in planning) Due to the novelty ot these programs and ot the worker, the plans outlined above may be aitered or expanded from time to time. But, basicaliy the worker intends to carry them through to the end of the 1971-72 program year. E. STAFFING I . Assistant ProJect Coordinator - Art Teach�er q. Job Descriptian; Under supervision of the project coordinator, the art teacher or assistant coordinator has the direct responsibility of supervising the Art Program. Must assist project coo�br in totai implementation of proposed project. B. Duties and Responsibilities: i . Performs all or most of the foliowing: (a) Oirects the totai art program which includes painting, crafts, sculpture, woodcuts, and ali other media of the � art fieid. (b} Assists in administering p►-oject policies, practices and procedures. Pians and develops creative expression in participants. '� (c) Sets work methods and personnel practices as necessary to insure completion of project goals. Must assist in � organizing art curriculum resulting in meaningful and • relevant endeavors in the form of art shows and exhibitions. • (d) May select, train, and give evaluations in monthiy reports to project coordinator. (e> May serve on various lay or professional committees dealing with cultural arts. May represent agency or department in relationship with other public or private organizations. Gives talks to community groups explaini�g project's • policies and goals. (f) Performs other duties as assigned. Under the direction af the project coordinator, tho music teacher has the responsibility of providing and coordinating all or most musical and choral activities of the Music Program. B. Duties and Responsibilities: I . Performs all or most of the following: (a) 6irects all or most musical and choral activities of the music program. Must assist in planning and developing music programs designed to reflect cultural backgrounds and cuitural patterns of Model Cities Residents. . (b) Establish schedule or timetable designed to involve program's participants with meaningful goals in the form of recitals, concerts, etc. (c) Maintains records on participants and activities and prepares monthly reports for evaivation by Music Teacher and project coordinator. (d) May serve as Master of Ceremonies and perform other duties as assigned by project coordinator. 2. Under general supervision of project coordinator or assistant project coordinator. Project guidelines are usuaily set by the agency and/or the Cultural Arts Department but the Music Teache� must help determine how guidelines are met, and also provide input by ticense of musicaf expertise and native ability or intelliaence. a. Qualifications: For the professional positions listed, a Bachelors Qegree and/or equivalent experience is required. 4. Secretary A. Job Description: Performs a variety of clericai , stenographic, and statistical tasks for the Agency Director and the Project Coordinator or other professional staff inembers. May keep simple tinancial records. May supervise a small (one or two workers) oftice. B. Duties and Responsibilities: I . Performs most, but not gene�ally ali , of the foliowing: (a) Types correspondence, reports, records and other materiai f rom copy, shorthand or machine dictation. Corrects spelling and grammatical errors. May edit material . 2. Under general supervision of the project coordinator. Works ' ciosely with coordinator in planning and developing, but generaily has wide latitudes of discretion in interpreting giaideline procedures in his area of responsibility. Position entails continual contact with agency staff and related agencies and communities. a. Qualifications. For the professional positions listed, a Bachelors Degree and/or equivalent experience is required. 2. Modern and African Dance Teacher (Part Time) A. Job Description: Unde� the supervisio� of the project coo�dinator, the Modern and African Dance Teacher has the responsibility of operating the Cultural Arts Department's Dance Program. ' I . Pe�forms all or mast of the following: (a) Oirects the Modern and Africar� Dance �Program. Responsible � tor development of basic body skills and dance techniques considered essential in teaching dance. (b) Establish intended goals and timetabte of events geared towards a series of productions or presentations designed to motivate a sense of accompiishment and achievement in minds of program's participants. (c) Maintain records on each participant and writes monthly reports to Cultural Arts Director. (d) May organize a woman's dieting group using dance as an exercising vehicie. (e) Pertorms other duties as assigned. ' 2. Under general supe rvision of projecfi coordinator or assistant project coordinator. Project guidelines are usually set by the agency and/or the Cultural Arts Department, but the Dance Teacher must help determine how guidelines are carried out and should use relevant approach in implementing program. a. Qualifications: For the professional positions listed, a Bachelors Degres and/or equivalent experience is required. 3. Music Teacher (Part Time) A. Job Description: � (b) Takes no�es of dictation, staff conference or committee meetings. Transcribes notes. (c) Maintains filing systems for reports, correspondence, statistical data, etc. Set new files and revises or eliminates old files as required. (d) Cc�mpiles statistical data and prepares statistical reports. F. ADVISORY COMMITTEE � I . Description: Rn Advisory Committee made up of residents of the Model Cities Area will be established. The project wiil have need of ten ( 10) area residents to serve on the committee. in addition to the residents, the following representatives will serve on the Advisory Committee: Ramsey County Welfare Department. . . . .Two (2) Representatives Area Public Schoois. . . .. . . .. . ... .. ...Two (2) Repres�ni�4l�es Model Cities. . . . .. . .. .. .. .. ...... ..Two (2) Representatives Youth Enroilees.. . .. .... .... . .... ..Two (2) Representatives Hailie Q. Brown.. ... .. .. .... . . .. .. . ..Two (2? Representatives 2. Function: � ' The primary function ot this Committee will be to serve only in an advisory capacity: ta) They will refer potentiai par-ticipants to the project. (b) They w; li assist i� conveying informafiion to and from the community. ' (c> They wili assist in interpreting project goais to other agencies and organizations in the Model Cities Area. td) A temporary suggestion is to meet once a month. 3. Meetings: ' The Advisory Committee should meet once monthly after notification of funding. After board is formed, some ot the suggested functions may be altered. ^v. EVALUATION AND MONITORING The St. Paul Modei Cities Program wili rr�nitor each supplementaily tunded project throughout the First Action Year. The projects will be monitored on the basis of planned versus actual achievement in te Rns of objectives, content and budget. An information system will be designed and implemen�ed and will act as the mechanism for the monitoring process. Project shall submit regular monthly monitoring reports to the Evaluation, Monitoring and information Unit of St. Paul Nbdel Cities for the purpose of ongoing evaluation. i ,. , ., ' _ �/�- R� -� -� NOTE: These forms are intended to illustrate the format for the standard Model Cities Operating Agency Budget. Additional items appropriate to your project - should be added to the Cost Category sheet. Inappropriate items should be deleted. PRO�RAM ADMINISTRATION BIIDGET 1. iVli�:� CF AGENCY _ _ _ . _ . _ _ . Hal]_i�Q,Q ente 2. BIJDGET , A. COST CATEGORY $. ESTIMATED COST FOR YEAR OF PROGRAM (1) Personnel Salaries Employee Benefits 18 6 0 8 2 (2) Consultants and Contract Services -fl- -0- -0- (3) Travel (4) Space � -0- 2 . (5) Consumable Supplies and Services (6) Rental, Lease, or Purchase of Equipment (7) Other A H to stu Pro�ram 600 0 -0- � 600 00 B Hel Stu Pro am 600 00 -0- 600 0 TOTAL C. Model Cities Supplemental �nds D. Other Hallie Brown Communit Center 2 20 00 BIIDGET LINE (1) Personnel � � Title of Position Sala 1 Assistant Project Director �614.00 x 8 months � 4912.00 1 Secretary/T�acher 350.00 x 8 months 2800.00 1 Music Teacher 150.00 x 8 �onths 1200.00 1 Modern and African Dance Teacher 65.00 x 8 months 520.00 20 Paid Participants tl6 to 21) 40.00 x 8 months 7200.00 --� In-kind Contribution-H.Q.B. 800.00 � Salaries - TOTAL 1 4 2.00 Em lo ee Benefits 68.�-0 FICA ( 5.2� of the first 7,800 per person) Workmen comp. Insurance 865.00 Other �OTAL SALARIES AND EI�LOYEE BENEFITS � 192 65.40 BIIDGET LINE (2) Consultant and Contract Services Planning, Training and technical Assistance Conferences and meetings legal Services _a Accounting Services - ; � TOTAI, CONSULTANT AND CONTRACT SERVICES -0- I i � � � � , # � _ � . BUDGET LINE (3) Travel , Staff Travel Parking Expense Employee Mileage Reimbursement Cannot compute — request reserved firgure of: 100,00 2'OTAL TBAVEL B��r Ln�rE (4) S ace Rental of Office Space � soo.00 Utilities 320.00 Telephone 200.00 Building Repair Janatorial Service 400.00 Maintenance Supplies and Equipment ----�� Insurance {Blanket policy covers building, i.nventory� sta.ff� etc.) i TOTAI� SPACE BUDGET LINE (5) Consumable Su lies and Services Office Supplies and Miscellaneous Postage Maintenance and Repair of Office Equipment Printing, Duplicating, and Binding Books and Publications Advertising � � TOTAL CONSIIMABLE SIIPPLIES AND SERVICES ' ,, � � Btrn��r � (6) Rental Lease or Purchase of E ui ment number price total Cost List Individual iece of e ui ment of each —0— - I - � � � � � Total RENTAL I�EASE OR PDB�HASE OF EQIIIPMENT � � i , , . - BUDGET LINE (7) Others {A� HoW to Study Progre.m kegistration fo U. of �1. or have Cammaxnity Service Dep�rrtment set up pa�ogram in Madel City Area. Semester No. of Cost Total atudent � 60.00 / student Q $1800.00 semester or length of course 2 30 �r60.0 �36U0. 2 semesters $3600.�fiscal. year or txo faur month periods ' (B) Help Stuc�y Progra� ` (Seven (7) to ten (10) volunteer ��students to assist fro�t twenty (20) to thirty—five (35) 7th grade studenta. Pgst history of total costs range from �i600.00 — �100,00 Request reserved figure of s i�600.00 2 20 3� "600.0 �660 � Total cost oS (A) & (B) �,�pp� ��-R�- .�=� . ' HALL,IE Q . BRO'�1N COlr:I�1UNITY CEIJTER 553 Aurora Avenue - Saint Paul, Minnesota 55103 CULTURAL ARTS PROJ�,CT Timetable for November 1, 1971 through June 30, 1972. Outline: First Period (15 days) ; Second Period (60 days) ; Third Period ( 90 days) ; Fourth Period ( 75 days) . 1. First Period (15 days) November I, through November 15, 1971. .a. The Assistant Project Director and the Secretary will begin work November 1, 1971. b. The period between November i, and Navemb�r 15, will be spent in planning, organizing, and r�ecruiting �he twenty ( 20) students who will be the paid participants in the project. c. The How to Study, and the Help S�udy programs will start between the 8th and 12th of November. 2. Second Period (60 days) November IS through January 15, 1972. a. The Music Di,rector and the Modern Dance T eacher will begin work on November 8, 1971. b. Twenty students will be registered in the How to Study Program by the 8th of November, 1971. c. Workshops scheduled to start in Nov�mber. 1. Theater Workshop 2. Writing Workshop 3. Arts and Crafts � 4. Painting 5. Acting 6. Modern and African Dance d. One, production consisting of a play and a musical and talent presentation tentatively planned for 11 of De�ember, 1871. 3. Third Period ( 90 days) January 15 through April 15, 1972. a. Second semester of the How to Study and He1p Study Programs will start after the completion of the evaluation of the first semester. b. Two plays and one art show scheduled within this period. 4. Fourth period ( 75 days) April 15 through June 30, 1972. 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 terminate its Grant Agreement for the Comprehensive City Demon- stration Program with the City of Saint Paul, this Agreement may be termina.ted 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 manner its obligations under this Agreement, or if the Agency shall 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 termina.tion and specifying the effective date thereof, except as ma.y be otherwise provided in Notice of Suspension or Termination 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 documents. (b) Provided, however, tha.t if the Model Cities Depa.rtment sha.11 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 shall 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 Department, with the consent of the Model Neighborhood Planning Council, or the Agency ma.y termin- ate this A reement for any reason whatsoever upon the giving of thirty (30� days written notice. In such event, all finished or unfinished documents, data, studies and reports prepared by the Agency under this Agreement, shall at the option of the Model Cities Department become its property, and the Agency sha.11 be entitled to receive compensation for work performed satisfactorily to the date of termina.tion of the Agreement only. (Terms and Conditions) l. (d) Notwithstanding the above, the Agency shall not be relieved of liability to the Model Cities Department for damages sustained by the Model Cities Department by virtue of any breach of this Agreement by the Agency, and Model Cities Department may withhold any payments to the Agency for the purpose of setoff until such time as the exact amount of dama.ges due the Model Cities Department from the Agency is determined. 3. �Chan e�s . The ModP1 Cities Department may, from time to time, request cTianges in the scope of the services of the Agency to be performed hereunder. Such cha.nges, which are mutually agreed upon by and between the Model Cities Department and the Agency, shall be incorporated in written amendments to this Agreement. The Agency may not deviate in any respect from the scope of services delineated without the written consent of the Model Cities Department. The Agency shall assist the Model Cities Department and the Policy Board in reviewing and revising these purposes and objectives in light of the experience from the activities of the project for the duration of this Agreement. Such assistance sha.11 include, but not be limited to, cooperating in the mo�nitoring 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 language and/or by quantifying any or a11 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 shall not be employees of or ha.ve any contractual relationship with the Model Cities Department. (b) All of the services required hereunder shall be per- forined by the Agency or under the supervision of the Agency, and all personnel engaged in the work sha.11 be fully qua.lified and shall be authorized or permitted to 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 a�proval of the Model Cities Department. Any work or services subcontracted here- under sha.11 be specified by written contract or agreement a��d shall be subject to each provision of this Agreement. 5. Anti-Kickb$ck Rules . Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Agreement shall be paid unconditiona.11y and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or perTnitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S .C. , section 874; and title 40 U.S .C. , section 276c) . The Agency shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Agreement to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affi- davits required of subcontractors thereunder except as the Secretary of_ Labor ma.y specifically provide for variations of or exemptions from the requirements thereof. 6. Pro 'ect Coordination. The Agency, by its designee, s?zall participate wit t e o e Z`ities Department in regular meetings for the purpose of coordina.ting efforts and continuing the planning of the program. The Agency shall establish liaison and coordina.te activities with programs of other agencies functioning in related field pro- viding service in the Model Neighborhood area. 7. Citizen Partici ation. (a) The Operating Agency 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 za.pon the request of the Model Cities Department. 8. Reduction of Services. In the event the Agency fails to fulfill t e erms an con ltions of this Agreement in a satis- factory manner as determined by the Mo�el Cities Department, the Model Cities Department reserves the right, as its sole option, (Terms and Conditions) 3. to reduce or diminish the services of the Agency and reduce the project budget in a ma.nner which reflects such reduction or diminution. 9. Ass�nabilit . The Agency sha.11 not assign any interest in this Agreement an shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the Model Cities Department thereto. 10. Subcontract and Other A reements . The Agency shall 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 Model Cities Department prior to the execution of any Agreement thereto. Any purchase of real estate shall also receive prior approval of the Model Cities Department. The Agency further agrees tha.t prior to the execution of any contract or other legal instrument concerning the services to be provided hereunder, it will submit said con- tract to the Model Cities Department for its prior written approval. 11. Restrictions on Disbursements. No money under this Agreement shall be disbursed by the Agency to any contractor except pursuant to a written contract which incorporates a11 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 determination of the Model Cities Depart- ment, the Model Cities Department reserves the right to enter upon the Agency's premises and perform all acts necessary and relevant to the establishment of a proper system of internal fiscal control. The Model Cities Department sha.11 have the right to place its per- sonnel� agents, or independent contractors upon the premises of the Agency and use Agency' s personnel to function in this area. The Model Cities Department agrees tha.t at such time when the system or systems conform to satisfactory practices, it will return jur- isdiction and control to the Agency. 13. 0 eratin �'rocedures. The Model Cities Depa.rtment re- serves the rig t to prescri e uniform operating procedures for the Agency at such times when the Model Cities Department deems it necessary. 14. Model Cities Identification in Pro 'ect Activities . (a) All buildings, o ices an aci ities use y t e gency to fulfill (Terms and Conditions) 4, the obligations under this Agreement shall identify the City of 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 Depa.rtment. 1S. �Dis la�cement and Relocation. The Agency shall immedi- ately noti�y e-1T�odeT�ities e�artment 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 shall occur immediately upon knowledge that the activity will cause such displacement and/or relocation that the Model Cities Department and the relocation office can provide relocation assistance pay- ments . If relocation of displacees is infeasible, the Model Cities Department ma.y direct the termination of the activities causing further displacement. 16. Maintenance of Effort. It is agreed tha.t any funds ma.de available un er provisions o t is Agreement shall be used to in- crease the total amount of services provided and the total amount of funds spent in the Model Neighborhood by the Agency. Under no circumstances shall funds being macle 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 ma.y 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. Ec�ua.l Em_p�lo__�e�nt 0 ortunity. During the performance of this Agreement;��e�g—ency agrees as ollows : (a) The Agency will not discrimina.te against any employee or applicant for employment because of race, creed, color, sex, age or na.tiona.l origin. The Agency will take affirmative action to en- sure that applicants are employed, and tha.t employees are treated during employment, without regard to their race, creed, color, sex, (Terms and Conditions) 5, . age, or national origin. Such action sha.11 include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mina.tion; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the Model Cities Department setting forth the provisions of this nondiscrimina.tion clause. (b) The Agency will, in all solicitations or advertisements for employees placed by or on beha.lf of the Agency, state tha.t 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 tha.t the foregoing provisions sha.11 not apply to contracts or subcontracts for standard commercial supplies or raw materials . 18. Discrimination Because of Certain Labor Matters. No person emp oye on t e wor covere y t is greement s 11 be discharged or in any way discrimina.ted against because he has filed any complaint or instituted or caused to be instituted any proceed- ing or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to Y►is employer. 19. Com liance with Local Laws . 'I'he Agency sha.11 comply with all app ica e aws, or inances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Agreement. 20• Interest of Members of Model Cities De rtment. No mem- ber of the governing o y o t e o e ities epartment, and no other officer, employee, or agent of the Model Cities Department, who exercises any functions or responsibilities in connection with the carrying out of the project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 21. Interest of Other Local Public Officials. No member of the governing o y o t e oca ity in w ic t e project area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or ap- proval of the carrying out of the project to which this Agreement (Terms and Conditions) 6. pertains, shall have any personal interest, direct or indirect, in this Agreement. 22. Interest of Certain Federal Officials . No member of or Delegate to t e ongress o t e nite tates, and no Resident Commissioner, shall be admitted to any share 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 interest an 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 performance of this Agreement no person having any such interest sha.11 be employed. 24. Findin s Confidential. Al1 of the reports, informa.tion, data, etc. , prepare or assem ed by the Agency under this Agree- ment are confidential, and the Agency agrees tha.t they sha.11 not be made available to any individual or organization without the prior written approval of the Model Cities Department. 25. Purchase of Nonexpendable Property with Model Cities Funds . The agency shall maintain a record for each item of nonexpendable property acquired for the program. At the con— clusion of this project or activity all nonexpendable property acquired by the agency with Model Cities funds shall revert to the city. Nonexpendable property is property which will not be consumed or lose its identity by being incorporated into another item of property, which costs �100 or more per unit and is expected to have a useful life of one year or more . Grouping of ].ike items such as chairs with an aggregate cost in excess of �100 eha.11 also be controlled and accounted for as nonexpendable �roF�erty even though the cost of a single item is less than 10O. 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 acquisition. The a��regate of the individual costs shown on the record cards stiall equal the balanQe in the subsidiary costs account for non— expendable property. The fiscal inventory shall be taken and reconciled with the record card annually. (Terms and Conditions) 7. U. S. DEPARTMENT OF HOUSIl�; AND URBAN DEVELOPMENT MODEL CITIES ADMINISTRATION SUPPLEMENTARY GENERAL CONDITIONS FOR CONTRACTS WITH OPERATING AGENCIES AND CONTRACTORS� The following conditions take precedence over any conflicting conditions in the Contract: �EC. 1. Restriction on Disbursements. -- No money under this Contract shall be diabursed by the Agency to ar�y contractor except pursuant to a written contract which incor;porates the applicable Supplementary General Conditions and unless the contractor is in compliance with HUD requirements with �egard to accounting and fiscal matters, to the e�ctent 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 administering 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 Maintenance of Records. -- Records shall be main- 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) llocumentation of Costs. -- All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readi�y 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 ma,terial should be deleted in contracts with contractors. HUD_7050 Iz—asJ 2 SEC. 102. Reports and Informa.tion. -- At such times and in such forms as HUD or the City may require, there shall be flzrnished to HUD or the City such statements, records, reports, data and information, as HUD or the City may request pertaining to matters covered by this Contract. SEC. 103. Audits and Inspections. -- At ar�y time during normal business hours and as often as the City, HUD and�or the Comptroller General of the United States may deem necessary, there shall be made available to the City, HUD and�or representatives of the Comptroller General for examination all of its re�ords 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, conditions of emplayment and other data relating to all matters covered by this Contract. SEC. 104. HUD Requirements. -- Uneasned payments under this Contract may be suspended or terminated upon refl.isal 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- pend.ed 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 flinctions or responsibilities in connection with the ple,nning and caxrying out of the Program, or ar�y other person who exer- cises ar�y fluictions or responsibilities in connection with the Program, sha11 have ar�y personal financial interest, direct or indirect, in this Contract; and the Agency shall take appropriate steps to assure compliance. (B) rThe Agency agrees that it will incorporat�e into every contract . required to be in writing the followi.ng provision] Intereat of Contractor and Employees. -- The Contractor covenants that no person who presently exercises any flanctions or responsibilities in connection with the Program, has ar�y personal financial interest, direct or indirect, in this Contract. The Contractor flzrther covenants that he presently has no interest and shall not acquire any interest, direct or indirect� in the Model Neighborhood Area or any paxcels therein, which would conflict in ax�y manner or degree with the performa.nce of his servicea hereunder. The Contract flzrther covenants that in the performance of this Contract no person - having ar�y conflicting interest sha11 be employed. Any interest on the part of the Contractor or his employees must be dis- closed to the Agency and the City. Provided, however, that this paxagraph 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 paxticipation by residents of the axea. * The bracketed material should be deleted in contracts with contractors. HU D..70S012-a41 3 SLC. 106. Opportunities for Residents. -- In all work made possible by or resulting from this Contract, affirmative action will be taken to ensure that residents of the model neighborhood axea axe given maximum oppor- tunities for training and employment and that business concerns located in or owned in substantial part by residents of the model neighborhood are to the greatest extent feasible� awarded contracts. SEC. 107. Discrimination Prohibited. -- (A) In all hiring or employment made possible by or resulting from this Contract, there (1) will not be any discrimination against ar�y employee or �pplicant for employment because of race, color, religion, sex, or national origin, and (2) affirmative action will be taken to ensure that applicants axe employed, and that employees axe treated during employment without regard to their race, color, religion, sex, or national origin. This requirement shall apply to but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, includ- ing apprenticeship. There shall be posted in conspicuous places available to employees and applicants for employment, notices to be provided by HU'D setting forth the provisions of this clause. All solicitations or advertisements for employees shall 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 national ori�in, be excluded from paxticipation in, be denied the benefits of, or be sub�ect to discrimination under ar�y program or activity made possible by or resulting from this Contract. The Agency and each employer will comply with all requirements imposed by or pursuant to the regulations of HUD effectuating Title VI of the Civil Rights Act of 196�+. �C) The Agency hereby agreea that it will incorporate into ar�y contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at �+l CFR Chapter 60, which is paid for in whole or in part with funds obtained pursuant to this Contract, the equal opportunity clause which is a part of the labor standard provisions attached hereto. The Agency flarther agrees that it will be bound by the equal opportunity clause and other provisions of �+l CFR Chapter 60 with respect to its own employ- ment practices when it participates in federally assisted corrstruction work: Provided, That if the Agency so paxtici�ating is a State or local government, the above equal opportunity clause is not applicable to ar�y agency, instrumental- ity, or subdivision of such government which does not paxticipate in work on or under the contract. The Agency agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regulations, and rele- vant orders of the Secretary of Labor, that it will flarnish HUD and the Secretary MUD-709D(2-a9) � � of Labor such informa,tion as they may require for the supervision of such compliance, and that it will otherwise assist HUD in the discharge of its primary responsibility for securing compliance. The Agency f�ther agrees that it will refrain from entering into ar�y contract or contraat modification subject to Executive Order 1121+6 of September 24, 1965, with a contractor detarred from, or who has not demon- strated eligibility for, Government contracts and federa].ly assisted construc- tion contracts pursuant to the Executive Order. In addition, the Agency agrees that if it fails or reflises to comply with these undertakings, the City may take aqy or all of the following actions: Terminate or suspend in whole or in part this Contract; refrain from extending a�y further assistance to the Agency under the program with respect to which the failure or reflisal occurred until satisfactory 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 sub3ect to Frovision of Federal law imposing labor standards on federally assisted construction and in the case of residential pro�ects if the pro�ect is designed for the residential use of eight or more familie� SEC. 109. Copyrights. -- If this Contract results in a book or other copyrightable material, the author ia free to copyright the work, but HUD reaerves a royalty-free, nonexclusive, and irrevocable license to reprod.uce, . publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted. SEC. 110. Patents. -- Ar�y discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and flzlly 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, includ.ing rights under ar�y patent issued thereon, shall be disposed of and ad.ministered, in order to protect the public interest. SEC. 111. Political Activity Prohibited. -- None of the fluld.s, materials, property or services provided directly or indirect]tiy under this Contract shall be used in the performance of this Contract for a�r partisan political activity, or to flzrther the election or defeat of any candidate for public office. SEC. 112. Lobbying Prohibited. -- None of the flands provided under this Contract shall be used for publicity or propaganda purposes designed to support or defeat legialation pending before the Congress. ** The bracketed material shall be deleted in contracts involving construc- tion, rehabilitation, alteration or repair work with private entities. The attached labor standards provisions shall be inserted in lieu of Sec- tions 107 and 108. In contracts for such work with public entities, only sections 1 - 3 of the labor standard provisions should be included. HUD�70� (2�a9� •U.S.GOVERNMFNT PqINTING OfIICE:196Y O—]]S-W2 U.S. DEPARTMENT OF MOUSING AND URBAN DEVELOPMENT MODEL GTIES ADMINISTRATION LABOR STANDARDS PROVISIONS l. OPPORTUNITIES FOR RESIDENTS In all work made possible or resulting from this Contract, affirmative action will be taken to ensure that residents of the model neighborhood axea r�xe given maximum opportunity 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, awaxded contra.cts. 2. EQUAL OPPORTUNITY A. During the performa,nce of this Contract, the Contractor agrees as follaws: (1) The Contractor will not discriminate against ar�y employee or applicant for employment because of race, color, religion, sex, or nationa.l origin. The Contract will take affirmative action to ensure that applicants are e�cployed, and that employees are treated during employment without regaxd to their race, color, religion, sex, or national origin. , Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; a.nd selection for training, including apprenticeship. The Contractor agrees to post in con- spicuous places, available to employees and applicants for employment, notices to be provided setting �orth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in canspicuous places available to employees and applicants for employment. (4) The Contractor will comply with a11 provisions of Executive Order 11246 of September 2�+, 1965, and of the rules, regulations, and relevant orders 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, and will permit access MUD-7051 !2—eo) 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 flirther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 2�, 1965, and such other sanctions ma,y be imposed and remedies invoked as provided in Executive Order 11246 of September 2�, 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 11246 of September 2�+, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor � will take such action with respect to ar�y subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes in- volved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the in�erests of the United States. B. Non-Segregated Facilities. The Contractor certifies that he does not maintain or provide for his employees any segregated facilities at ar.�y of his establishments, and that he does not permit his employees to perform their services at ar�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 segregated facilities at ar�y of his establishments, and that he will not permit his employees to perform their services at any 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 areas, timeclocks, locker rooms and other storage or dsessing areas, paxking lots, dxinking fountains, recreation or entertainment axeas, transportation, and�housing 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 cuatom, or otherwise. 3• SPECIAL USE OF TERM Notwithstanding Section 100 of the Grant Agreement and Section 100 of the Supplementary General Conditions, the term "Contractor" may include an'bperating Agenc�' as defined in the Grant Agreement and an"Agenc�' as defined in the Supplementary General Conditions. MUD-7051 i2—aeJ � � 3 4. DAVIS-BACON ACT (1) Minimum wages. (i) Al1 mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on 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 f1z11 axnounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and , ma.de a part hereof, regardless of ar�y contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics; and the wage determination decision shall be posted by the Contractor at the site of the work .in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or 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 ma.de or costs incurred for more than a week],y period under plans, flznds, or programs, but coverin� the particulax weekly period, axe deemed to be constructive],y made or incurred during such weekly period.. (ii) The Contracting Officer shall require that ar�y class of laborers or mechanica which is not listed in the wage determination and which is to be employed under the Contract, shall be classified or reclassified conformably 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 particular class of laborers and mechanics to be used, the question accompanied by the recom¢nendation of the Contracting Officer sha11 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 fringe 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 recommend.ation of the Contracting Officer, shall be referred to the Secretary of Labor for determination. (iv) If the Contractor does not make payments to a trustee or other third person, he may consider as paxt of the wa.ges of a.r�y laborer or m�chanic the amount of ar�y costs reasona,bly anticipated in providing benefits under a plan or program of a type expressl,y listed in the wa.ge determina.tion decision of the Secretary of Labor which is a paxt of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable 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 under the plan or progra.m. HUD-7051 cz—e�1 . 4 (2) Withholding. HUD may withhold or cause to be withheld f`rom the Contractor so much of the accrued payments or advances 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 ar.�y fZzrther payment, a.dvance, or guarantee of f�nds 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 na.me and ad.c3ress 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 weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary 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 ar�y costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is fina,ncially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (ii) The Contractor will submit weekly a copy of 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 HUD. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are 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 "Week.l,y 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�yr subsequent payroll of a copy of ar.�y findings by the Secretary of Labor under 29 CF'x 5.5(a)(1)(iv) shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of pay- rolls for all subcontractors. The Contractor will ma.ke the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of HUD, the City �r the Agenc� 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 axe registered, individual7�y, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau HUD-70S1 �z—ee� c 5 of Apprenticeship and Trair�ing, United atates Depaxtment of Labor; or, if no such recognized a�ency exists ir, a State, under a program registered with the Bureau of Apprent;iceship and Training, United States Department of Labor. The allowable ratio of �.pprentices to ,journeymen in ax�y craft classification shall not be greater tha.n the ratio permitted to the Contractor as to his entire work force under the re�is-tered program. Ar�y employee listed on a payroll at a.n apprenticc wage rate, who is not registered as above, shall be paid the wa,�e rate determined b5 the Secretary of Labor for the classifica- tion of work he actually perfbrmed. 'I'he Contractor or subcontractor will be required to flzrnish to tne Con-crscting Officer written evidenc� o:C the registration of his progra.m and apprentices as well as of the appropriate ratios and wage rates, for i;he area of constr�zction prior to using ar�y apprentices on the contract work. (5) Compliance with Copeland Re�ul�.tions (29 CFR Part 3) . �he Contractor shall compltiy wi;;h the Copela.nd Regulations 29 CFR Part 3) of the Secretary of Labor which are h.erein incor�orated by reference. (6) Subcontracts. The Contrac�tor will insert in any subcontracts the clauses contained in 29 CFR 5.5(�)(1) t:�rougi� (5) and (7) and such other clauses as HUD may by apprapriate instructions require, and also a clause requiring the subcontractors to include �hese clauses in any lower tier sub- contracts which they may enter into, to�e�'ther with a clause requiring this insertion in ar�y flzrther subCC�7r�tY°dcts �;hat may in turn be made. (7) Contract terminati�n; debaxment. A breach of clauses . (1) through (6) may be grounds for termination of the contract, and for debarment as pro- vided in 29 CFR 5.6. 5. CONTRACT WORK HOURS STANDARllS ACT (1) Overtime requirements, T10 Contractor or subcontractor contracting for ar�y part of the corltrac�t �s�tork which may require or involve the employment of laborers or mechaziics shall rec�izire or permit ar�y laborer or mechanic in ax�y workweek in which he is employed on such work to work in excess of eight hours in ar�y calendar day o.r in excess of forty hours in such workweek unless such laborer or mecht�nic receives compensation at a rate not less than one and one-half times his basic rate of' pay for al1 hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (2) Violation; liabilit� ior unp�.id w es • li uidated d es. In the event of ar�y violation of the clause set forth in subparagraph 1 , the Con- tractor and ar�y subcontrac-tor responsible therefor shall be liable to ar�y affected employee for his unpaid taa,�es. In addition, such Contractor and sub- , contractor shall be liable to -the United States (in the case of work done under contract for the District of Collambia or a territory, to such District NUD-,70S1 (2-69) . . 6 or to such territory), for liquidated damages. Such liquidated damages sha11 be computed with respect to each ind.ividua.l labo.rer or mechanic emplayed 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 haurs or in excess of the standaxd workweek of forty hours without payment of the avertime wages required by the clause set forth in sub- paragraph (1) . (3) Withholding for unpaid wages and liquid�,ted dama.ges. HUD may with- hold or cause to be withheld, f�om ar�y moneys payable on account of work per- formed by the Contractor or subcontractor, such sums as ma,y a.d.ministrativel,y be determined to be necessary to satisfy ax�y liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subpaxagraph (2) . (4) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in subpara�raphs (1), (2), and (3) of this paragraph and also a clause requiring the subcontractors to include these clauses in ar�y lower tier subcontracts whic� they may enter into, together with a clause requiring this insertion in ar�y further subcontracts that.may in turn be me,de. 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