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256489 � p��ctNwt To c�rr c�ertK + ������V CITY OF ST. PAUL �E Nca NO. OFFICE OF THE CITY CLERK C CIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE ATE RESOLVED! That the Cguncil of the City of Saint Paul does hereby approve the Operating Agreement between the City, acting through its Model Cities Depa.rtment, and the Independent � School District No. 625, a copy of said Agreement being on file in the Office of the City Clerk; and be it FURTHER RESOLVED, Tha.t the Mayor, Director of Model Cities Department, City Clerk, and City Comptroller are hereby authorized to execute the said A.greement on behalf of the City of Saint Paul. FORM A OV . Asst. p r i n C ns I NOV 2 3197� COUNCILMEN Adopted by the Counci� 19— Yeaa Nays �971 Butler NOV Z 3 �rove� 19— Levine �_In Favor Meredith Sprafka � yor Tedesco Againat . � p1lBW�N� Mr. President, McCarty N�y �?,,�g ��� o���,�,TS,��..� - � 25s48� CITY OF ST. PAUL �uNp� NO OFFICE 4F THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRBENTED!Y COMMISSIONEt DATE RESOLVED, That the C��mcil of the City of Saint Paul does hereby approve the Operating Agreement between the City, acting through its Model Citiea Department, arid the Independent School Diatrict No. 625� a copy of said Agreem�ent being on file in the Office of the City Clerk; e,nd be it FtJRTHER RESOLVED� TTt�at the Mayor, Director of Model Cities Dep�srtm�ent, City Clerk, and City Comptroller are hereby authorized to execute the said Agreement on behalf of the City of Saint Paul. NOV 2 319T� COUNCILMEN Adopted by the Coim�� 19_ Yeas Nays Butler - 197� Approv���V � 3 19— Levine . Tn Favor Meredith Sprafka �� Ag'BinBt Tedesco Mr. President, McCarty ' �� • � . . .. .. . � AGREEM � NT �t���c���` THIS AGREEI�IENT, Made and entered ini�o this day of , 1971, by and between the CitST of , a�in�Paul., actin� i:zroug�. i�' L-~s��lodel Cities Departmznt y hc�reinaf ter referred to as "Mode1 Ci.i�ies Bepartment", and �ndependent School District No. 625, hereinaf_ter referred to as "Agency"; W:i T'NF S S E TI-i�: ��I��REAS , The Model Cities Dep�rtment on the 23rd daST oi April9 �971f received a grant un.der the Uni.ted States Departrnent of Ho�asing anci Urban Development Demonstr.a�ion City and Mc�traFolitan Development Act of 7_966, `Title I, said grant designatecl as Grant No. I�IEv22-�003; and - ' j,THEREAS, Pursua.nt to said grant, Model Cities Department is undert.al:ing certain activities; and , t��-iFREAS ,, The Model Cities Department: desires t.o ei�gage the Agency �o render certain assistance :in such undertakzng pursUar�t to and in cornpliance �aith Lhe Grant No. ME-22�OU3; ' . NOW, THEREFORE, THE 1�10DEL CITIES DEPART'1�1ENT Al�lD THE AGENCY DO MUTUAI,LY AGREE AS FOLLOWS : A. Scope of Services : Th.e Agency shall, within thP S�mmit�• Un.iversity r'icdel Neighborhood� in a satisfactory and p:coper manner, as detertnin.ed by Mode1 Cities Department and under the d:irection . of the Model Citie�s Department, perform those activities set forth in the attacized Part IT and shall per�'orm the activities within the timetable set forth in Part IT . B. rundi_ng: (1) The Agency shall commerice pelform�.rice of this contract on the 1st day of No�v mb��, 1.9�, arid shall complete performa.nce no later�iat xi the 3G�h day of ��� , 19 72 . � • (2) I�L is expressly uiiderstooc3 and agreed th�t in no event will i�he total amount to b� paid by the Model Cities Department to the Agency under th�_s Agreement exceed the sum of $ 45,000.00 for fu.11 and complei:e satisfactory performance in accordance with Lhe bud.get attached to this Agreement in Part II, and in no event shall exceed th� amount of_ Federal funds received by , Mociel. Cities Department irom the Department of Housing and Urban Development (HUD) for thi_s project pursuant i. . to th� Me1el Cities Depaxtment' s Compr�hensive First Year Action Plan as approved by I�UD, (3) Flexibil.-it-�Y- in Bud et; Agency shall ma.ke expenditures accordin�to t e ine items as sef:, forth in the attached Budget. A11 proposed amendmerits to the Budget must be submitteci to the Mode1 Cities Department for review. a) Agency may amend. the Budget line items without: Mode1 Cit,ies Department' s coritten appr.oval under ' i:he fo,llowin; ci�-cumstanr�es : ° i) The revision of a line item do�s not con� stitute a substan�ial change in program . objectivesf and ii) The revision of a line item does not con� ` stitute a change of more than 10% of the line item or 5% of the total Budge�. b) Agency may amend the Budget as follows only upon trie prior written approval of the Moael Cities Department' s nirector: . a.) The revision does not constitutc a substantial . change in p-rogram objectives, and the transfer . ' of one line item to another lir►e i_tem do�s n.ot coristi�ute a change of more than 15°10 of t:he line item or 10% of the total approve�' Budget. ii) The revision of a line item consti_tutes a change of more than 10°0 of the Iine item or more than 5% of the total Budget. c) The following amendments require a Contract amendinent and written approval of the Mode1 Neighborhood �l�.nlzing Council and the Saint Paul City Council: i) The proposed revision constitutes a substantial change in the program objectives, the scope of , services set forth in this Agreement and/or the �aork program; or ii) Any change which would cause the total amount of the �3udGet to be exceeded; or iii) The transfer from one line item to another line item would constitute a change of more than 15% ' of the line item or more than 10% of the total Budget. . 2. (iv) Th.e changes in physical location of approved project would restrict the participation of . Mode1 NeighUorhood residents . (4) SubjecL- to the receipt of funds from the United States Department of Housing and Urban Development, i�he Model Cities Department sha11 m,ake. payment under thi_s Contract in the following manner: The Agency shall present to Model Cities DepaxtmenL- an itemized requisiti�n for (monthly)(��t.�� reim- bursement, in form appxoved by ATodel Cities Department and � the City Comptroller. Requisitions shall set forth the disposition of amounts spent during the preceding (month) (qc�s��c� together with an estim�.te of ea:penses to be i.n- curred during the next succeeding (month) (�� , with reference to expense catego-ries as set forth in the attached Budget incorporated wii�hin Part II . Mo3e1 Cities Department will malce payment to the Agency within 30 days after receipt of the requisition, after h�ving reviewed and approved the requisition. Requisitions shall include the following categorieso (a) P�rsonnel (wages, fringe benef3_i�s) ` (b) Con.sultants 0 � (c) Space rental ' (d) Travel , (e) Consuma.ble supplies (f) Equipment-rental, lease . _ (g) Other costs . (5) The Agency sha11 maintain verification for aZ1 ex- penditures including, but not limited to, time sheets, invoices and receipts, and shall l�eep and retain such documentation for the period of time that is required to maintain its records hereunder. � (6) No requisitions sha11 be filled if, at the time it is ma.de, the Agency has more than 4% of the toi:al Model Cities Department funds allocated under this Agreement on deposit in its depository. C. Independent Coni:ractor: 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 wor'K or services required by the Agency under this Agreement, shall not be considered employees of_ the City; and any and a11 claims that may or might arise under the Worlcmen' s Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, hospitalization insuranc� coverages, Social Security and pension payments and benefits, other employee obligations and bene- fits, and any and al1 claims made by any third party as a conse- quence of any act or om�_ssion on the nar_t of the Agency, the employees or other persons while so engaged on any of the �aork or services to be rendered, shall in no way Ue the obligation or responsibiiity oi the City. The Agency shall pay as they become due all jus� claims for work, tool�, machinery, skill, materi�l�, insurance premiums, equipment and supplies furnished, rende-red or performed in the execution �f this Agreement. D. No Discrimination: The Agency sha11 be deemed a contractor for the app ication o a provisions hereof and laws against un- lawful discrimination on. account of race, creed, sex, age, �r color hereun�er. The Agency agrees in accordance with Chapter 238, Laws oi the State of Minnesota for 1941, that in the hiring of cammon or skilled l�.bor i'ar the performance of any work under this Coni:r.act or any subcontract hercunder, no contractar, material supplier, or vender shall,, 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 work to which such employment relatess that no contractor, ma.terial supplier or vendor under this Con�ract shall in any manner discriminate against, or in.timidate, or prevent the employment of any person, or an being hired, prevent, or con- spire to preventq any person from the performan.ce of wark under this Contract on account of race, creed or color; and that this Contract may be cancelled or terminated by the City, and all money due or to become 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 Title VI of the Civi1 Rights Act of 1964 (P. L. 88-352, approved July 2, 1964) and the rules and regulations (24 CrR, Subtitle A, Part 1) , issued by the Hou�ing and Home Finance Agency pursuant thereto. E. Indemn�_fication; It is further agreed that the Agency shall de en an save twe City of Saint Paul harmless from any claims� demands, 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 perf_orma.nce of or with relation to any of the work or services provided to be per- formed ar furnished by the Agency urider the terms of this Agreement. . 4. i F� Resident Emplovment and Trainin Re uirements : Section 103(a) of�ie Demonstration ities anc� ei:ropo ztan Development Act of 19F�6 requires that a comprehensive city demonstration pro- gram provide "� %; %', maxi��tum opportunities for employing residents of the area in al]_ phases of the program and enlarged opportunities for work and training" and that it "%� %; %; make marked progress in reducing %, ='� %, underemnloyment and enforced idleness %, %', �,." In the perfoz-tnance of this Agreem�nt, the Agency shall comply with all requirements of HUD pertaining to its general poli_cy on. employment ;nd �tr_aining �f r�odel Neighborhood residents in all jobs genera�ed by th.is A�reem�nt and the suUmission requirement.s for the imp�ementation of this policy, as sei� f_o-rth in HUD Handboolc MC 3160. 1, iiodel Gitzes Err�ployment. and Training Requirements (CDA Letter No. 11) . Agency shall include these prov�3_sions dealing with Resident � Employment an all of its operating subcontracts . Agency agrees to comply with the Employment, and Training goa.ls sei: forth in the Saint Paul Model Cities Resident Employment and Training P1�n, as set forth in Part II hereof. Within 30 days after the ehecution of this Agreement, Agency shall submit�or. approval an employment plan together with specii'ic employment und training goals for the implementation of this policy. In the execution af such plan the Agency must demonstrate marked progress to�aard specific goals in each succeeding phase of the pr�gram. Al1 pasitians geri.erated by this project and Agreenent and all positions b�coming vacant 'sha.11 be filled by Agency by Model Neighborhood residents . All such positions of employment sha17. be listed with the Made1 Neighborhood Employment Center. Only re- ferrals fro�� the Mode1 Neighborhood Employment Centex shall be accepted for employment by the Agency. Agency sha11 not m�.lce any exception to these provisions unless the Agency is granted a waiver by the Model Cities Special Review Board. If the Agency desires such waiver, it shall make written request therefor to the Model Cities Special Review Board and sha11 sei� forth the following informa.tion: . 1. Reasons for the need to deviate from the resident e�ployment requirement. 2. Recommendation and alternatives as to how such positions should be filled. Upon entering into this Agreement, Agency sha.11 submit, in � writing, a listing of available jobs with a job _description and 5. salary range f_or each position. Each job descrip�ion sha11 contain a definition oi the position, examples af duties and minimum qual- ifications for the position. Job descriptions ar� 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 appzoval a specific program to upgrade eligibleg potential and inter.ested employees in each par.a- professiona.l job classificatian. This upgradin.g shall be designed to �ead to greai�er respo�zsibility or fu11 prof.:�ssional. sta�uss and those employees so upgraded sha11 be retained ir� profess�_onal leval positions as such posztions become available through staff turn�- over, expansion or new program dcve]_opmento The trair�inb proc�d.ures will be designed to remove identified impediments to hiring and upgrading of disadvantaged Model Neighborhood_ residents and pravide i:hem Gvith occupational mobiiity through seniority, interagency transfer agreements, civil service status, union membership or other prerequisites to such mobility. Agency sriall show how it plans to remove or ease significani� merit system impediment.s to the employment of disadvantaged Model Neighborhood residents in sucl�. re lated j obs. Agency shall designate a staff inember as Txaining and Develop- ment Officer to be responsible for developmen�L of training progxams ar�d employability development plans for a11 employces . An Employ- ability Development P1an in writing sha11 be developed caith each emplo�ee using behaviorally defined objectives . j-lithin thi�-ty (30) days after execution oi' this Agreemeni�, Agency shall submit to L-he Model Cities Department grievance procedures to be follow�d by the Agency and available to its employees. G. Terms and Canditions : Agency sha.11 be subject to and shall comp�y witlz a11T terms and condi�tions as set forth in the attached Part II . � Agency shal.t include similar terms and conditions in all of its contracts with other agencies in th.e performa�ce of this Agreement. � H. Su lementar Conditions : This Agreement incorporates the "Mode ities ministration Supplementary. Conditions for Contracts with Operating Agencies and Contraci�ors", HUD-7050 (2-69) which is part of the attached Part II . When the �erm "City" is used therein, ii� shall mean "Model Cities Department". The Supplementary Ge�zeral Conditions sha11 be incorporated in al1 con- tracts between Agency and its contractors . _ 6. T . Administrative Labor Standards : This Agreement i_ncorpor- , ates the Mode Citie�'s ATministration abor Standards Provision" - H�D-7051 (2-69) , �ahich is part of the attached Part II . Where t�f-�e term "City" is used therein:, it shall mean "Model Cities Department"; and �ahere the term "Contractor" appears therein, it sha11 mean "Agency". These I�.bor Standards shall be incorporated ir� all contraci�s bei�we�n the Agency and its contractors . J. Records�tZej�orts and Information: The Agency shall be responsib�ior-tL�� maint=enance o�e' corcTs and accaunts, including pr�perty, personnel and financial records adequate to assure a proper accounting for a11 project funds, Federal ar�d/or nox�.- Federal. These records wi11 be made available f_or audit to r�pre- sentatives of the Mode1 Cities Department, the United States Department of Housing and Urban Development, the Co�nptrallex Gen� eral of the United States or any authorize� representati�,Tes of any � or all of these aoencies, and wi11 be retained fcr three years af ter the expiration of t�his Contract unless w-ritte� permissio�. is given far �heir 'destruction by A1ode1 C'ii�ies D`partment and the Secretary of the United States Department of Hou'sing and Urban D�velopm�nt. Agency shall furnish such �tateme�ts, records, reparts and infor�n<�tion as is called for in the Model Cities Department� dai:a r��or��_ng packagef which is incorporated herein by reference and m�.de a part hereof, and s�uch other forms as may from time to time be ze�uired of the Agency b}T the �Lpartment of Housing and Urban Davelopment and/or Mo�el Cities Department, � K. ?'he Agency sha11 provide information to the Mo�3e1 Cities D�parL-rnent for purposes of evaluati.on and C017�:L17110115 plannil�g ° pursuarit to a month?y reporting system. This reporting system shall include: a Output Nieasure Report (monthly) b Output Measure Report Narrative Report (monthly) c Agency Statemei-�t (monthly) ' d Participant Beneficiaries Report (monthly) e Project Work Program (monthly) f Budget and Output Measure Forecasts (monthly) ' g Narrative Report (monthly) L. Work Pr�o�r_a�__m�: Within one month following the execution of this AgreemenL--;�Te Agency shall submit to the Model Cities Department, for its approval, a Work Program setting forth how the ' Agency will implement thc scope of services as set forth in this Agreement, and including the following: (a) Job Description for each staff position 7. b 'Time�able for hiring staff c Detailed description of the tasks to be under�a].cen d Methods by which the successful comple�ion of these tasks �ai 11 be achieved (e) Timetable for such completion. IN WITNESS WHEREOF, The parties have caused this Ag-reement to be executed the day a�d year first above written. CITY OF SAINT PAUL Approved as to Form: MODEL CTTIES DEPARTMENT peci�. ss1sL-ant yor Corporation Counsel irector Approved as to Form & Execution: ity �r pecla ssisLant Corporation Counsel . • ity omptro er � In the Presence of: � INDEPENDENT SCHO�L DISTRICT NQ. 625 By: _ Its . Its APPROVED by Council Resolution _ C.F. No. Dated: 8 . II-A � Scope of Services Name of Fr�ject• Su��portive Education Project Project Component: Experimental Counseling Program Purnose and Objectives: The admir�istering A�ency shall perform the services set forth in this scope of service-s to achieve the following purposes and objectives of this pr.ojec�,;. A. Reduce the caseload of hi�;h school counselors from 350 to 75 �tudents, � B. Increa.se the reten�ion of potential drop-outs, ' C. Increase the number of counselors at Central High School so tha�; guidan.ce muy become mcre persor_alized, D. Provide, when necessary a curriculum which will conform to the needs of the individual student, E. Provide flexihility within the counseling methods so that other irnovatible approaches may be caused when needed, F„ Provide caunseling on a twelve month basis rather than nine months, . G. Enable counselors to work with indivicivals during the • entire high school years instead af or�e year only, H. Coordinate counselin� v,ith the other projects sponsored by P-Sodel Cities such a� Community Health Program, Model Nei�hbor.hood F�np�oyment Center, Higher Education Resource Center and Assistance Fund, Youth Serving Youth and other . community and city projects. Conteni; and Operai;ion: Scope of Services page 2 Content and Oper�tion: con'd Two additional high school counselors will be assi�ned to the Central High School counselin� staff. Their case�_oad �.Till co:��e fram '1.50 Model Nei�hborhood tenth grade students. `Pnoti e �tuder_ts tanich are mos�; apt to drop out of high schaol will be choseri first. Criteria for Selection: Students wi.11 be selec,ted for this pro�ra.r,l if the life style incl.udes one or more of the foll.owin�: A. High absence from school; B. Low achievement in schoo�, � C. Tndication af school alienatian. Students ��rith all of most of the criaracteris�ic.s lis�;ed above �,ill be judged to have the �reatest potential of dropping out. r Intensive guidance service will be provided to the students. L�hen nec- cessary or advisable, curricul changes will be :nade �•,�hich �rill serve the needs of the student more ad�quately. ^lhe present counseling pro- gram provides a ratio of 300 students to a counselor. There 7_s litt].e opportunity for a student to secure appointments to see the counselor with any degree of frequency. The time al.loted for each interview is also li.mited. `I'yped summarization of interviea� is not possible because • of lirnited secre�tarial help. Case conferences involva.�z� staff or parents are not often po.�sible because of the high client/counseZor ratio. The er.perimental coun�elin� prograr.� will provide an opportunity to im- prove in all these areas: client/counselor ratio, more frequent in- terviews, more interview time alloted for each student, typed sur:imari- Scope of Services Pa�e 3 zatior. of each interview, and more case conferences. Drop-out Percent�ge: At present, the tenth grade has a ten percent drop out rate, thirt3• percent drop out be?ore graduation. The experimental caunseling pro�ram objectives are tq prevent an in- crease in dr.op outs and to d.ecrease the drop out rate .for students who are ir.�rolved ir. the program. � F • �� � ' � . � '� / lii`T ('l� �� l:'�/��)�T•; li1-�1 �/,r�'I�. ���i ��:�. j rIt . . . . �� , - ...,�. ,. .� ri�, ,,. ., i ( .S Ii :� � ,.��., � �. � ' � � �''.� , � 1'/',R'i` lI -• L' rz?»c�.��� : . ' �, � �;•1 ::� ��orr�� ar�� ��.�;t.�?�c'c�cz tc� i_1.)_,�;.-.t�t•:.i;c t.�;:: i'oi�:����,: 10?, tJl:: .:t<:.nc;_�.��d I;c�c '� ,C):i' , ;: •;: . . � - ` � �- �:'�il.C':. l) � '.i .LYi`, 1 � ' )C� );i(' i. . /iC�Cl:I l � Ci'"::1� .11: i�l t(11'C ! :t:C) l.b �i:)1'<;" '�� 7 )��Gi , 1, , c'.�:��c? i:o l.i;c r,�,�i C,...c�:���,:�.,;,� �,�;�t�. I�� ,>;�rc; ,•ir.tc �.�:c�::., ��~c�:z:l,l. 1,.� c,�.�.c.�::cc:� 5�1:>l)�c� �.. _ rr� t [•rn:-i•ri• �t T`,',l;' , :�'l,�'i:�l;',1.; ,{,):;7:I;:1:..>� r,t�.�r':�?:, 1;J.��;�_:;i, 'i� ]rl�l:`� 0?' /,C-'-!'�C%'-' Indepen3ent School District (Experimental Counseling) 20 liUl�C:t;`1' � ' ^��, ��,��r��:;)' � 1�1o�iel Cit�_es !�o co:��. c�:�.,_,.7 . . • SUp�, t��,er�cy Tet.::1. • . . . ... . . . . . . _. _- - - • __. _ . ._ �. _ . ._._.. ..__- -- - --�-- -._._ ..__.. ..._ . . .---•-- � .t1.�^ �_7'C1'�U17;iC'.1 .�_:7.�t?'?_ciS T j ; � . , ��;rnp�oy;:�� �>,...�fit.s 39,OQG _` _...-__..,.. . _ __ � . . ._ �_ _ . --- • --._... �._ ... _..._. _ _...__.�_ _._ . .._. .. . ...._..- - - .___ . ...... _ ..__.._.__ --._.._._ : , . � (2) Gor�•.��.ta�;t..� .r�u Coni.r�.ct S�r�r�.ces 2,460 �_-_J , 3,U00 �_._.�_� . . .___ - ._. . __._..._.._�._ . .�.__._ _.. . ... _. . ..__ . .-__ . .._. .._ .._.._.._..,..._ . . ._,�. .__. _.___ i' � ljl `.CI'�.VCZ . � _ .._ _. � � _I.��QO_._... � _.._..._ _..._._ .... _ .._. __ - - - _._.__. _ _-.. ...-...__ .._._._ _ ..... _ _._ . ._ . - ....__..._... . _....._...... ..._ .. � --°•'i` I _ .._... i 5 000 i � (i�) Sj_�acc . ! _ .' � . . . ___ —.- - ----- _........_._._.. _...� .. ..... ._ ._ _... _..__ ._ _ . _ _. _ � . _____ . . .._ .__ �-- - --_-....�_ ._--- - �' (5) Con.>u�7�:hlc Su�ap]_i:�� �.nd Scrvices 1,0�0 � : ..- -- I ___ _ ._. . . .._�._____ . _. ._. . _ . _ ... ... __ _ ... . .� ... . __ ___._...._ .�___._ _.� .._..___ ._.�._..�__.____. ;-- (6) h'�n;��l, L::GIJI:� or 7'��rct;:.sc o�' 1'c;,�1,,;7c��1t � 1,540 i __Y_ T_�; — --.__._-- - , ... ...____._.. ...._ __ __.. . _ _ ... _ . . .. _.. . . . .�. __ . ... ... . .... .._.�W...__. .�. ........._ . .._ _ �. . �',.. . ...__ I- /� � �r( / Vi..��l�l� � ! . . ...- . ."_ ' � ' "_', _`' ._.. ..�_.,---•._._, ..__ .... . . _.. _ ... . . . . _ . . _..; . _.__, . _ . ._ . .. .._ ._. _ _i. _ . . ._ _-- _ . . ..A' _..._-..._. _ ... .....!_ . . . _- . _ - -•. • - _.� . ...___ .__... . . . . .... . . _ :- •__ . . . . . . ... . . . . _.-_ ._.. . �- - . ... . ...� ... � � • ' . .._ . ... . . . . . . . . . . . . : -^ . . ._. ...�_ _.,.._._--�_ . ... ... _. _ . . . . . . . . . .. . _ . . . . . . . . . . . . . . _ . . . . . �. � , , � � � �.�'�)��'li�� � . ! 45,Q00 8,000 __ , i _ _5310Q0 :..._.:�:--�.::_�: : : :.�: .-: :`: : : : : : " :: : : � : :..: : � : :: � :��:.: : : � �'� : ::: ::.�: : : : : :; ... . : :: . . . . .. __ . . - - - � C. 1,:�dc:L Ca:�;i c::� �Li,,�;J_,:r.ici:t.l�_ 'P.lr,d:, � 45,000 .'. .-- -... . . . . . . _ . . _ . . . . . ..._ . ... . ... . . . _ ... . . . . . _ . . .. . . . . . . . . . . . . . _ ... _. . . _ _.. . __.. . . . _ . . ll. Uf.li�::r � _.._ _... _ . . . . . . . . . . _ ::;:`;��:.��.:._�:�:.: :: :.: . ..: : ' : : : : : . . . . . . . - • • : � : : : ::.: : ,-..�:.. : : :.: :": : : _ �.: : :.: � � : . . . . _ . . . ._ . . . . . BUDGET LINE (1) Personnel 2 Gounselor_s @$15,000 $305000 1 Clerk 6,000 Emplayee Benefits $ 3,000 BUDGET LINE (2) Consultant an.d Contract Services Administrative Services $2,460 BUDGET LINE (3) Travel Employee Mileage Reimbursement $1,000 BUDGET LINE (5) Consumable Supplies and Services Office Supplies $],,000 � BUDGET LINE (6) Rental, Lease or Purchase of Equipment 3 Desks (�$150 . $450 3 Chairs @$50 150 4 Filing Cabinets @$85 340 Telephone 600 $1,540 I MODEL CITIES DEPAR.TME?QT OPERATING AGREEMENT Part II - C TIME SCHEDUI.E During the period of August 1, 1971. to October 1, 1971, the Administering Agency w�.11 recruit and empl,oy staff. During the period of August 1, 1971 to October 1, 1971, the Administering Agency will formulate the program. No later than November 1, 1971, after fo�mulation of the program, the Administering Agency �vill administer the pro- gram. The program will termir�ate July l, 1972. � j MODEL CITIES DEPARTMENT OPERATI�G 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 ma.y 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 ma.nner its obligations under this Agreement, or if the Agency sha.11 violate any of the covena.nts, agreements or stipulations of this Agreement, the Model Cities Department sha.11 thereupon ha.ve the right to termina.te this Agreement by giving written notice to the Agency of such termina.tion and specifying the effective date thereof, except as may be otherwise provided in Notice of Suspension or Termina.tion received by the Model Cities Department from HUD. The notice given to the Agency shall be provided at least thirty days prior to the effective date of such termination. In such event, all fin- ished or unfinished documents, data, studies and reports prepared by the Agency under this Agreement, shall 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 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 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 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 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 exa.ct amount of damages due the Model Cities Department from the Abency is determined. 3. �Chan e�s . The Model Cities Department ma.y, from time to time, reques--t cFianges in the scape of the services of the Agency to be performed hereunder. Such changes, which are mutually agreed upo�n 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 Depa.rtment and generally providing advice and counsel. The Agency and the Model Cities Depa.rtment ma.y revise, amend, and/or add to the purposes and objectives by clarifying langua.ge and/or by qua.ntifying any or all of the purposes and objectives . Any such revisions and amendment� sl.-Lall be in the form of amend- ments to this Agreement. 4. Personnel. (a) The Agency represents that 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 contractua.l relationship with the Model Cities Department. (b) All of the services required hereunder shall be per- formed by the Agency or under the supervision of the Agency, and all personnel engaged in the work sha.11 be fully 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 shall be subcontracted without the prior written approval of the Model Cities Department. Any work or ser�ices subcontracted here- under sh.all be specified by written contract or agreement a��d shall be subject to each provision of this Agreement. 5. Anti-Kickback Rules . Salaries of architects, draftsmen, technical 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 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 sha.11 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 thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Pro 'ect Coordination. The Agency, by its c3esignee, shall 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 functioning in rel�.ted 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 �spon the request of the Model Cities Department. 8. Reduction of Services . In the event the Agency fails to fulfill t e terms an con itions of this Agreement in a satis- factory manner as determined by the Model Cities Department, the Model Cities 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 ma.nner which reflects such reduction or diminution. 9. Assi na.bilit . The Agency shall not assign any interest in this Agreement an sha.11 not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the Model Cities 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 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 that prior to the execution of any contract or other legal instrument concerning the services to be provided hereunder, it will submit said con- tract to the Model Cities Department for its prior written approval. 11. Restrictions on Disbursements. No money under this Agreement 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 ina.dequate 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 interna.l fiscal control. The Model Cities Department sha.11 have the right to place its per- sonnelt 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 that 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 Procedures. 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 ces 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, 15. Dis lacement and Relocation. The Agency shall immedi- ately noti y t e o e ities epartment and its Relocation Officer if any of the Agency's activities supported by the Model Cities Supplemental Funds or any other public funds will result in the displacement and/or relocation of families, 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 tha.t 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. Maintena.nce of Effort. It is agreed that 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 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 enable the Model Cities Department to determine if the Agency is increasing its services and the spending of funds in the Model Neighborhood. 17. E ual Em lo ent 0 ortunit . During the performance of this Agreemen , 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 will take affirma.tive action to en- sure that applicants are employed, and tha.t employees are treated during employment, without regard to their race, creed, color, sex, (Terms and Conditions) 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- 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 nondiscrimina.tion clause. (b) The Agency wi11, in all solicitations or advertisements for employees placed by or on beha.lf of the Agency, state that all qua.lified applicants will receive consideration for employment without regard to race, creed, sex, age, color, or nationa.l origin. (c) The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided tha.t the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw ma.terials . 18. Discrimination Because of Certain Labor Matters. No person emp oye on t e wor covere y t is greement s 11 be discha.rged or in any way discrimina.ted against because he 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 La.ws . 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 ha.ve 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 persona.l interest, direct or indirect, in this Agreement. 22. Interest of Certain Federal Officials. No member of or Delegate to t e ongress o t e nite tates, and no Resident Commissioner, sha.11 be admitted to any sha.re or part of this Agreement or to any benefit to arise herefrom. 23. Interest of A e�nc�. The Agency covena.nts tha.t it pres- ently ha.s 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 ma.nner or degree with the performance of its services hereunder. The Agency further covenants that in the performance of this Agreement no person having any such interest sha.11 be employed. 24. Findin�s Confidential. All of the reports, informa.tion, data, etc. , prepare or assem6�ed by the Agency under this Agree- ment are confidential, and the Agency agrees that they shall not be made available to any individual or organization without the prior written approval of the Model Cities Department. 25 . Purchase of Nonexpendable PropertY with Model Cities Funds . The agency shall maintain a record for each item of nonexpendable property acquired for the program. At the con- clusion 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 ehall also be controlled and accounted for as nonexpendable �ro}�erty even though the cost of a single item is less than 10(). 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 ttie 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 shall equal the balan�e in the subsidiary costs account for non- expendable properl;y. The fiscal inventory shall be taken and reconeiled with the record card annually. (Terms and Conditions) 7. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MODEL CITIES A.DMINISTRATION SUPPLEMENTARY GENERAL CONDITIONS FOR CONTRACTS WITH OPERATING AGENCIES AND CONTRACTORS* The following cond.itions take precedence over any conflicting conditions in the Contract: �EC. l. Restriction on Disbursements. -- No money under this Contract shall be disbursed by the A�ency to any 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 adxninistering 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) . (D) HUD means the Secretary of Housing ancl Urban Development or a person authorized to act on his behalf. (E) Progra,m means the Comprehensive Demonstration Progra.m approved by HUD as the sa.me may from time to time be a.mended. SEC. 101. Records. -- (A) Establishment and Maintenance of Records. -- Records shall be main- tained in accord.ance 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 after receipt of the final payment under this Contract. (B) llocumentation of Costs. -- All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All 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 read.ily 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. HUD-7050 lz-e9J 2 SEC. 102. Reports and Informa.tion. -- At such times and in such forms as HUD or the City may require, there shall be f1,u�nished to HUD or the City such statements, records, reports, data and information, as HU'D 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 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 contracta, invoices, materials, pa�yrolls, records of personnel, conditions of emplayment and other data relating to a11 matters covered by this Contract. SEC. 10�+. HUD Requirements. -- Unearned payments under this Contract ma,y be suspended or terminated upon ref�.isal to accept ar�y additional cond.itions that may be imposed by HUD at any time; or if the grant to the City under Title I of the Demonstration CitieB and Metropolitan Development Act oi 1966 is sus- pended or termina.ted. SEC. 105. Conflict of Interest. -- (A) Interest of Members of City. -- No officer, employee, or agent of the City who exercises ar�y �znctions or responsibilities in connection with the pleauiing and caxrying out of the Program, or ar�y other person who exer- cises ar�y flanctions or responsibilities in connection with the Frogram, shall 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] Interest of Contractor and Employees. -- The Contractor covenants that no person who presently exercises ar�}r functions 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 ar�y paxcels therein, which would conflict in ar�y manner or degree with the performance of his services hereunder. The Contract flzrther covenants that in the performance of this Contract no person having ax�y conflicting interest shall 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 paragraph shall be interpreted in such a maxmer 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 oaoso�2-ao� 3 SLC. 106. Opportunities for Residents. -- In all work made possible by or resulting from this Contract, affirma,tive action will be taken to ensure that residents of the model neighborhood axea are given maximum oppor- tunities for training and employment and that business concerns located in or owned in substantial paxt by residents of the model neighborhood are to the greatest extent feasible, awarded contracts. SEC. 107. Discrimination Prohibited. -- (A) In all hiring or employment mad.e possible by or resulting from this Contract, there (1) will not be ar�y 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 durin� employm.ent 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 HUD 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 regard to race, color, religion, sex or national origin. (B) No person in the United States shall, on the ground of race, color, religion, or national origin, be excluded from paxticipation in� be denied the benefits of, or be sub�ect to discrimination under ar�y program or activity made possible by or resulting f�om 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 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 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 paxticipates 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 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 flzrnish HUD and the Secretary HU D-705D 12-69) � 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 �ther agrees that it will refrain from entering into ar�y contract or contract modification sub�ect to Executive Order 112�+6 of September 24, 1965, with a contractor detiaxred from, or who has not demon- strated eligibility for, Government contracts and federally assisted construc- tion contracts pursuant to the Executive Order. In addition, the Agency agrees that if it fails or reflzses to comply with these undertakings, the City may take at�y 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 progra.m with respect to which the failure or refusal 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 ent�ties 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 fa.milie� 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 copyri�hted material and all material which can be copyrighted. SEC. 110. Patents. -- Any discovery or invention axising 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 diecovery, 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. -- None of the fluids, ma.terials, property or services provided directly or indirect]y under this Contract shall be used in the performance of this Contract for ar�,y partisan political activity, or to further the election or defeat of any candidate for public office. SEC. 112. Lobbying Prohibited. -- None of the fl�nds provided under this Contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress. ** The bracketed material shall be deleted in contracts involving construc- tion, rehabilitation, alteration or repair work with private entities. The attached labor standards provisions shall be inserted in lieu of Sec- tions 107 a.nd 108. In contracts for such work with public entities, only sections 1 - 3 of the labor standard provisions should be included. HUD�7O� ($�69) 4U.S.GOVERNMENT/RINTINGOFFICE:li690-7�5-0�2 U.S. DEPARTMENT OF MOUSING AND URBAN DEVELOPMENT MODEL CITIES 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 �,re given maximum opportunity for training and employment and tha.t business concerns located in or owned in substantial paxt 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 discrimina.te 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 tha.t applicants are e�ployed, and that employees ase 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; 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 nond.iscrimination 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 baxgainir�g 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 conspicuous places available to employees and applicants for employment. (4) The Contractor will comp],y with all provisions of Executive Order 11246 of September 2�, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, a.nd by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access NUD-JOSI f2—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 ca.nceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for flzrther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 2�+, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 112�+6 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 vend.or. The Contractor • will take such action with respect to any subcontract or purchase order as HUD ms.y 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 HITD, 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 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 at�y location, under his control, where segregated facilities are maintained. � The Contractor covenants that he will not maintain or provide for his employees ax�y segregated 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 axe 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, paxking lots, drinking fountains, recreation or entertainment axeas, transportation, a,nd 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 custom, or otherwise. 3• SPECIAL USE OF TERM Notwithstanding Section 100 of the Grant Agreement and Section 100 of the Supplementary General Conditions, the term "Contractor" ma,y include an'bperating A.genc�' as defined in the Grant Agreement and an"Agenc�'as defined in the Supplementary General Conditions. HUD-70S1 i2—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 a.nd the Contractor may be declaxed ineligible for - flzrther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 2�+, �965, 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 e.nd paragraph B below in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 112�+6 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vend.or. The Contractor • will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including 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 �, result of such direction by HUD, the Contractor ma,y request the United States to enter into such litigation to protect the interests of the United States. B. Non-Segregated Facilities. The Contractor certifies that he does not maintain or provide for his employees any segregated facilities at ar�y of his establishments, and that he does not pe?�mit his employees to perform their services at at�y location, under his control, where segregated facilities axe 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 eraployees to perform their services at any location, under his control, where segregated facilities axe maintained. As used in this paragraph the term "segregated facilities" means ar�y waiting rooms, work areas, restroams and washrooms, restaurants and other eating axeas, timeclocks, locker rooms and other storage or dressing areas, parking lots, dxinking fountains, recreation or entertainment areas, tra.nsportation, and housing facilities pro- vided for employees which axe segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national ori�in, 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 an'bperating Agency� as defined in the Grant Agreement and an"Agenc�' as defined in the Supplementary General Conditions. MUD-7051 la-a4i 3 4. DAVIS-BACON ACT (l) 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 axnounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, re�ardless of ar�y contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics; a.nd 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 weekly period under plans, fluids, or programs, but covering the particular weekly period, are 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 mechanics which is not listed in the wage determination 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 parties 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 paxties 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 make 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.b�y anticipated in providing benefits under a plan or program of � type expressly listed in the wa.ge determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, tnat the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. HUD-70S1 (z-e4► 4 (2) Withholding. HUD may withhold or cause to be withheld f�om the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or ar�y subcontractor on the work the ftiill 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 f�is�ther 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 na.me and ad.c�ress of each such emplayee, 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 a.nd actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5•5(a)(1)(iv) that the wages of ar�y laborer or mechanic include the a.mount of ar�y costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actua,l cost incurred in providing such benefits. (ii) T'he Contractor will submit weekly a copy of all payrolls to the City if the City is a paxty to the Contract, but if the City is not such a party the Contractor will submit the payrolls to the Agency for tra.nsmission 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 a.nd that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Week],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�}r subsequent payroll of a copy of ar�y find.ings by the Secretary of Labor under 29 cF'x 5.5(a)(1)(iv) shall satisf5r this requirement. The prime Contractor shall be responsible for the submission of copies of pay- rolls for all subcontractors. The Contractor will make the records required under the labor standards clauses of the Contra,ct available for inspection by authorized representatives of HUD, the City �r the Agenc� and the Department of Labor, and will permit such representatives to interview employees during work- ing hours on the �ob. (�+) Apprentices. Apprentices will be permitted to work as such only when they axe registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau r+uo_�os� 12-691 5 of Apprenticeshi.p and Trrzir�in�3, VTII_L�ELL. �);a-tes Depaxtment of Lanor; or, if no such recognized e,�;ex�cy ex�.sts in a S�ate, under a program registered with the Bureau of Apprenticeshil� �nd Tr�,ining, United States Department of Labor. The allowable ratio of �,pprer_tices �o ,i,ourneymen in a.r�y craft classification shall not be greater tlzan -V'r�e x°f�,tic pexmitte�i to the Contractor as to his entire work force under the -re�,is-tered program. Any employee listed on a payroll at an apprentic� w�e ra.te, who is not registered as above, shall be paid the wage rate determiried b�; t�� Secr��tary of Labor for the classifica- tion of work he actut�lly performea� i'he Con�rac�or or subcontractor will be required to flirnish to tize Gon-cr�.cting Oriicer writteri evidenc� o:P the registration of his progra,m �.nd apprentices as well as of the appropriate ratios and wage rates, for �the area of constY�u.ction p-rior to using ar�y apprentices on the con�ract wor.k. (5� Complianc e with C��_�.nc� Re�ul_r�.tiuns (29 CFR Part 3� . The Contractor shall comp]�y wi�h �;hc> Copeland Re�izlations�29 CFR Part 3) of the Secretary of Labar wh:ich are :h.erein incor.porated by reference. (6) Subcontrar_ts. Z'_he �ontractor will insert in any subcontracts the clauses contained in 29 CFR �.5(a)(_l) t:7roug,� (5) and (7) and such other clauses as HUD ma,y by apprapr�.ate �.nstruci,ions require, and also a clause requiring the subcont;r�.ctors �o i.nc�.ud.e these clauses in ar�y lower tier sub- contracts which they may en�t;E�r• into, -�o;�eilzer with a clause requiring this insertion in ax�y f1;u�ther subc<�n�;r�.cts �;hai; ma,y in tuxn be made. (7) Contract termi.n�.t:�on2 de�a,r.ment. A hreach of clauses (1) through (6) may be grounds for tern��.nat.i.on o�' -�he cor�tract, and for debarment as pro- vided in 29 CFR 5.6. 5. CONTRACT WORK H�JRS STAIV�ARUS AC'� (1) Overtime rec�uirez�.�;zts. T?o Cuntractor or subcontractor contracting for ar�y part of the coiatr�,c�t �y�~orlc w'�iy�ri may require or involve the employment of laborers or mechanics shalJ_ rec�uire ar p�rmil: ar�y laborer or mechanic in ax�y workweek in which �.e is enip�oyed on such work to wor.k in excess of eight hours in ar�y calendar d�zy or -ixi �xcess of forty hours in such workweek unless such laborer or mecharlic rccal.v�:s eampe�;satian at a rat� not less than one and one-half tim�s his �asi.c -rat�: of pay for all hours worked in excess of . eight hours in ar�y cal.end�.r day or in excess of forty hours in such workweek, as the case may be, (2) Violationy li��;b�.1i,�,T fer un��.:�d wa��4s; 1_i uidated d es. In the _,�._�..� �. event of any viola-tior of +he ui�.use set forth in subparagraph 1 , the Con- tractor and ar�y subcontractor resuonsib�_.e therefor sha11 be liable to aa�y affected employee for his unpu3_d wages . In a,ddition, such Contractor and sub- , contractor shall be lia��e t,o che Uni-ted States (in the case of work done under contract for tr.e Distric� of Ca1_1z�aia or a territory, to such District Hucaos� (2-69) . � 6 or to such territory), for liquidated damages. Such liquidated damages shall 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 wark in excess of eight haurs or in excess of the standaxd workweek of forty hours without payment of the overtime wages required by the clause set forth in sub- paragraph (1) . (3) Withholding for unpaid wages and liquidated damages. HUD ma.y with- hold or cause to be withheld, f`rom any moneys payable on account of work per- formed by the Contractor or subcontractor, such sums as ma,y a.d.ministratively be determined to be necessary to satisfy ar�y liabilities of such Contractor or subcantractor 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 subparagraphs (1), (2), and (3) of this paragraph and also a clause requiring the subcontractors to include these clauses in ar�y lower tier subcontracts which they ma.y enter into, together with a clause requiring this insertion in ax�y flzrther subcontracts that.may in turn be made. Huoaos� �z-eo► Htro-wa.n.. D. c. 236133-P � _gz_ . `� �' r' �°I � o ° �y � 7 � � � m � r� � x. � �v :�-v -< „ . 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