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 -< „ .
H � � � --• ►+.
��. �n
'�O rpt � � ��� �
w - tTl �.,
� a �
r* �� � r
�
c� �
• � o
-o� �
-+ �
o �
� r-
r+�
9
1� _.� 'ti
� � O
cU .3
1-� N -" �' vy
' � �V' �
m
.i
1•�
�-+ 7
w r �� v �
Vt N N � .�
O O O
m
�
"D �'t �
[L C G.
-F O — �
►r! K! � 7 1� —�
. .�, � m
m m
. -�i
_ o
�
U
��
� ? rn
o {`� r
< c c�
— �
n� m -�
� �
. n o rn
• -f• cn
� �
-�
N N
7 [;'1
. m
�� ?
� �
o cn
-E :�7
G U
• c._
v m
m n
-a
� + c
��
a -�, ., �
Z —• i.
Z _
—•v
^� «� o
m a �n
N M -
i�. ....
'-F
;D v� O
> >
�' � _
'd N
O
�
N �
l� , .
.��C��,
�
5 m U] N N� H N ro � � N ro y � � � � xro Oq'
m �r o m � o � ro �S 4 m �S o . �e y o �i F� m
►i � t� Fi P� � � �-i in �-+� � �i F� ►�+� N W � ( t� Kt
cf- laD � c� �'d Ua n� I cC • 1�• 1 cD cD 1�• 1 cD y N• n
� �1 n �U Ul Fi n Fd Ul F'• cD W
i� O lU �"S t0 Q� �'1 CO !-� :11 �'f U1 ¢� ti 01 A (D
Ul c� �-h f� O F'• h'' O t'• i� F-' O F'• L=7 N
�C fn �-h f3 <b p :� � � �1. �h Q� � e) a)
ci• :� � fA N U] Ui I-� • � f-+ � (
lD cD c4 U.
p � � �. O• ,n�, �.+. O p � O
� � � � � � � �
� w.
�' a �
�
0 0' :* � �*
ct p � y !—'
� v
Q �
�N11
lD N
K
lD ct
R� �
<<i O .fi' � _,�y � 00 �' � � �
y N �' �D _a � ..a � '� ...s N• ti. C7'
� �i N �. N
� �' C O
N � � �
�' R• Cy
F-� ►�Y n I
� �+ �
H
� � tD� O O Z
F.'• cR y �, �, �
c* �h �,' � �ti {� '� C fit t� '.y �t �i �! �
� � fn Oy 09 O O C� O O O N ct �T1
� eQ R. I�• O
� ��� � �
�
p w �
�
. ,
t
�
i
�
i
� !
y i
O O O O O O O O Q Q o O W N I
`�° w i
v I
.�
i
k
. i
�
�
�
�
� � � � � a a � � � 1
� � � � � � � � � �J �
I
�
�