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256677 , ♦ ORIGINAL TO CITY CLBRK . �+'� ~a �., CITY OF ST. PAUL FCOENGL ND ' �� 7 1 OFFICE OF THE CITY CLERK � '� COUNCIL RESOLUTION—GENERAL FORM PRE\SENTED BT COMMISSIONE ATF RESOLVED, That the Council of the City of Saint Paul does hereby approve Operating Agreement between the City of Saint Paul� acting through its Model Cities Department, and Opportunity� �ystems� Inc. � 1330 Ma.ssachusetts Avenue, N. W. Washington, D. C. � 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 Depa.rtment� City Clerk and Comptroller be and they are hereby authorized to execute the said Agreement on beha.lf of the City of Saint Paul. FORM AP R E Asst. o ati C nsel OEC 81971 COUNCILMEN Adopted by the Counci� 19— Yeas Nays Butler DEC 9 18;� �: r�C t��c�-�c-: APP 19— Levine Favor Meredith Sprafka � �y� A gainst Tedesco Mr. President, McCarty U t(; 1 1 �91� PUBLISHED � . , , . � . �;- �,,.. !^'��e�� , � �' i 1,� }.. '.1 L t � f: � 1., i �:: :.� 1.I�i5 %1�,l:l.F':!�`;1��.��1'y i�i(�,Cl:.. F1TZC7 E'.J:ii_E-`_;'l"�i1 7_T:�.l-C) i,l�.�.S ��..:.;�% C��r � �_J / �y 57�7 [a�ICi Zl� t� 1�1:71. t.�lr� L��. l.l� nt •�c�`j. �TA�^. L<ll.!..� c1LC..l..l�t '��Z'C� lt'''i J_�S !-lOC�i=� �.:L�7_;?S �C�7ciT.'ttii./.:"il�:. �.il l_c:'---t�.''_.�LC'J' 1C�C._'.)_C�!. t.�� "�).;7 �'r'1:%:?:':!_ �=L��:Lf'�� ;_�t�:'-'-_:i�:•^,"tLT:+�.,t y c�i i'2a. a�pOY't1,1I1:,.i S'� uyS i�..C'IT'iS g T.l"LC. y i_JJ�'v 1�.5 S. Ave. , N. t�', , washing�oris U. C. �OGUS, �l.E::Ci=i.7.7�ti��;�'i� 2"GiE2"I_rcCl t.0 �:t:� !��`i�TC"i:=',t�f` Cj .; S .. i'��.1.i�.,j r�J C.%'..�i 1 1: - �'�:1.L:;:i:E�.�' g Zil�� *°ALa:.li:_'1 l.,.l.t-.L�S D�''�i�_1: � l•_ 1_�'1 '7`3.1'i� :�r 1 ° �•-}^_� .. ; � , tr�:i ,. � . �,_ � �_> r��, o. E,�.. _'s.., Zi%1_. 7'E'��.ti-C'CC ,=1 €;?"c'?.I7!'�. i3.11C?.E'_�� 1� ti1�1.�i'_C?. �l_c.i 2S LF'_]�u^.=`'1;;:'..?72�- i,;� ��ULiS1_?:� ��LCi �r.ba,:i ll�^.-.�'E.1.0�;1].P..I7� ��IIiOi!SL�'a�:�Ur'x �:i_�.V' £3.l:iii .�`i�_L`L"i�r;��.?_;:<::�7:3 . DG�Ve::.C�:,;;,;?1?± t�iCt. of 196�Jg 1:1t1E' T� Sc'3.1_Ci t;i-�<1::�� z�=`'.�-€�I1=,:�:::�{r ��,: C:3_,��.=2'L= Na . `'I�� -2.f�::`i��: and � ?ti��iFR}�AS ; P��su�;��: to ;aa_d gxaiztS ��de1 c,it7._c� D�Z�`_r_t:a�:a.t �i_s u.r��,l:��t:..�L::�-n�; c,c_r'#��zL� ac�.ivities9 anci T�1Tj't�:r:f'_.t7.�' q 1��1F' �'1UOE.'�_ �`,l�l2S Dc:p�ri�rn�rtt. C�?S11`i°_S t•C) C?'!1.�',cl�� i:�":.!'. �.�Tt.?_Lf:�% `.r 1.'��IiC'lC'7" GE'9"L�i:L1�� (iSSI_�;tr'311C:C' :1.1.� 511.(':}1 t1I1�E1L�a.i;';�4� jJtl',":,1.lc'i":i� t;0 �'�"ii;l 7_n. CC:ij`2?_l?IZi:E'_ �:^7:L1.��1 1::�1G' �':rr`_i::,1� T�O, i•11`;'--1�••�i(��s , t� �� TTt_.}�T'�i'�'Jj`.l:.s T�-17', J?��Li:_',.1� CJ_��_r' � �1: 'fil`..:�11}",1i � � � . . - -�3�.... � J� `...`': �, ,v��t�:, r. ._: �_ �� I i �7'1' ��:L 'I i�• ��?`:.C;' ? T��l'?:i�i;�11,;�� E�GK��;�' AS rOLLOWS : �. �CO�c? 01 SGTV7:CF_'S : `I.�I.C� �i��11CJ 5��.-'i.'l�R �d?_��I�_it ��"i�:: �ii�+liili�:.•" t�71?_��?T'S?.�)' ?`li�C��. ��G1_€��borhoo��a ]..11 � S�.L� Sit�.�i.ory u'=�r.t 1�",-0�1�T' iCl.�"!1.�:'d l s a�� c�e�t.�:��r�,-�ned by ��Ic;de1 C�_ties� DePart*:,e��t ��-�� - ' r �lZr� �-j -� �� •,�,. �s�_.i �.r.ZC1e_ i-:._. s:..._ ,_�.�..<<._..�. , of_ ;.:he ��od�� Cities nc;pa-r_trnent, pe!-fo.r_i:� �hos� activit�:ics .�:�t: �=c,:_�.�.. �Li i�;�c� a��i:ach.ed Par►� I1: az�� shall p�ri or►n Ll�e ::C��1�.11.L1_e_'�', t,,,, i�t�.��n '-t-,, t:�.�:�e�:ai„�e set. '�crtn : n art II . �.il.� 1; ! ,P' 33. Ft�:�d�_n a: (i) � T� Agexicy sli« � �o��:;.:lei�ce pex•.Earir.r��;� c�' tt�is ccizta.uct= or.� i:t�c� �20_._.�� da�T of ��r��t°-.� ; ]_9��, ��l�d sh�ll c�i�r 7_cL-c pe�-fo-r-mL�,7cc r.-i.o 1�.Ler _1 ;Lz �.J�.� ��. c?��y of .,�....,�..._..,. � ly��• �i_',) .�1:: l� C:}':��7"eJc:S_l"� l27"iC3C:?"��'.f�O�?i :t.TiCi �i�;:!_C.C.C� �il�� 7_I.Z 110 t.'vC?:1:: �C�1.�_� i:i1L i::U�.:c?1. ��1pi1T11: �::i ',.=�G' :�,-i.7.:j L'�� i�4yw TiC�C,(?�. C�i�:r �c. �.�..�_-;-..- �-3 �r � �i'- ` t'��'a^ �rY^ ,ri r.t'.1i-. _�� D;,�;�x. �..�::.;:t �.;� �_�•� t1;��.1cy �w:.z.:;�: . ..... ,� ee.�,�._� _. e;-- c�c�ecl t.:i�� _��n c;fi ;� 4, 9�i1.5�:, � o�_ �:�7_? �i;d co:�r�:�_e�:e c-a ., -,� ,_ ' - C:.l t' 1' , I � ' �.�1:1.;:�_�...C :.C?%S% j��"i"�"O=!"t;1Z:I"iC,� 7_I7 �..CCC1"rl��;��-�' „1 ..�"1 L" lE �1�Q.t,C'.t c'.L��..��C�;�=.G LC; 's:.�i;�S L�iL;7""c:�.ii�f3�li: �?1 !��:7:i; !J f ..��1Q •:1.'P_ I?l� ��IC'.Iii , sha7.1 ��:ticecc� Lt�e a;��.�r4,r��: c:f ]'e::��_a]. .i.-t�r;ci_� re:.�;_�Tr�,� b�� !.��_'� l.��l.�� i, � +. 1'l��'� • .�, #-1� "iJ:- `.�. �' �'. '� t_{ l�� _S �Gi.c t'�= :. . _�i�� Z"O!�: 4t�t=. c'��:�° li:l��:l�i., i.i 01�._!_?ir� a�.�7t1 l?��i l �_i -�f��.� i I '.•:.'��r � f �ilTl � +-�;'� C` -.� �.i.-•`- i�" C•- ,�.r.�. u.T. L.� �...,_Ca'i..:_.._iL. �t'i�.L� �J:;." i........ �.i`OJ _...t.. �� i..,U�. �.i• • f . . , �, to i�he i�lodc�l_ Citi.�tis Dep�rtme��t' s Co�prehensive Farst Year Ac�ion Plan as aPproved liy HUn. (3) Flex:i_b�_�.itv in I�ucl�;ci„ Agency shall malce expendii�ures ac d ng�o t`��e line ii�ems as set forth in the at.i�zched �3udg�t. AlZ proposed am;ndmei�t�s to the Budgez must be submitted to tlle I�1od�l Citi.es Department� for xeview. a) Agency tn�,y amend the Budget 1�ne items withoui� Model Cities Department' s ��ritter� aP}�roval under i.he fo11o��1_ng circur,�stances : . i) The revision of a line i.tem do�s not con-- �titute a substantial change i7�_ program ob j ectives; ar�d ' � ii) The revision of a lin.e item does not con- stitute a change of more than 10% of the line item or 5% of the total Budget. b) Agency may amend the Budgei� as follotias only �u.Pon the prior wr.itten approval of the Nodel Cities Department' s _- _ Director: � � i} The revision does not constitute a substantial � change in p-rogram objectives, and the transfer • af orie lirLe it.em to anot::er line item does no� ' constitute a change of mo-r_e than 15% of i:he _ line item or 10% of� the total approved Budget< ii) The revision of a line item constitutes a change of more than 10% of the line item or � m�re than S% of the total Budget, c) 'i'he follo�ti�ing amendments require a Contract amendmeni� and written approval of the Alodel Neighborhood Planning Council and the Saint Paul City Council: i) The proposed revision constitutes a substantial change in the program objeci�ives, the scope of services set forth in this Agreement and/or the �aork program; or ii) Any change which would cause th� total amount of the Budget to be exceeded; or iii) 'The i�ransfer from on� line item to another line item ti��ould constitute a change of more than 15% of i:he J_ine item or more than 10% of the total Budget. 2 . , ` , , . �� .. ' (iv) 1'he cha��ges in ph�Tsicai location af approved proj�ct laould restrict the participation of Mociel Nei.ghborhood res�denc.s . (4) Subiect to the receipt of funds from the Ulzited S�ates Uepartment of Y.ousing and U7-ban Development, the Model Cities Departm�nt sha_I1 ma.ke payment under this Contract i�z the f o 11o�airag manr.er: • The A�ency sh.all preseni� to Mode1 Ci.ties Depari�ment . an it�e��:i.7ed requisition �for (monthJ_y) (c�ta��xx�x��c} re:�m- burse:n��r�t, in f_orm approved by Model Cii.ies Department and the Cii�y Comptroller. Requisitions shall set forLh the disposit�_on of amounts spent during th� preceding (month) (a�xx��x� toget}�er with an esti�r�ate of expcnses to be in- c�u.rred during th� next succeeding (m�nth)(cp��x) s with reiere!zc� to expense categories as set forth in the a�tached B�ldget incorporated wi.thir,. Part II . I�lodel Cities Depaxtment• wi11 make payment to the Age��cy raithin 30 days aiter rer_eipt of_ the requisition, after h.aving reviewed � and appraved the requisition. Requisitions shall include the fol.lowind categories : (a) Pers-onnel (�ti�ages, fringe benefits) (b) Consultants , (c) Space ren�al. ` (d) Travel � (e) Consumable supplies � (f) Equipment-rental, lease (g) Other costs . (S) The Agen.cy shall maintain verification for aI1 ex� penditures including, bui� not lim�ted to, time sheets, invoices and receiptss and shall l�eep and retain such --documentation for the period of tine that is required to ma.intain its records hereunder. (G) No r_equisitions sha]_1 be filled if, at the time it is ma.de, the Agency has more than 4% of_ the total Model Cities Department funds allocated un�er_ this Agreement on deposit in its depository. C. Independent Contractor: For tlie purpose of this Agreemer�t, the Agency shall be deemed to be an indePendent contractor, aizd not an employee o� the City. Any and all empl_oyees of the Agency or 3. � ' or other persons4 while �ngaged in the p�rformance of any �aork or � services requi..r_ed by the Age�.zcy tznder tt�is Agreement, shall not Ue consid�red employees of the Cii.}T; and any and a11 claims that may or might arise uncier the �,jorl.cm�n� s Comrensation Act of Minneso�a on behalf of said emPlo�Tees or cther persons �ti�hile so engagcd., hospita.lization insurance cover�.z�;es, Social Secu.rity and pension payments and bei�efits, oth.�r employee obligations and bene- fitss and an}T and al1 claims made by any thir�i party as a conse- quence of any aci� or omissio�.z on the part of_ t.he Agency, the employees or oi�her, persons �vhile so en;a�eci on �any of the �aork or services �o be rendered, shall �_n no way be the oblig�.tion or . responsibility of the City. The Agency sha11 pay as they become due a1� just claims far �aork, tools, machinery, slciJ_l, ma.terial•s, insurance premiums , equiprrient azid supplies furnishedg rendered or performed in the e�ecution of thi.s Agreement. D. No D?sc.rimination: The Agency shall be. deemed a contr.actor for the app�icat�.on o a provisions hereof and la��s against un- lawful discrimir�ation on a.ccount of race, creed, �sex, age, or color hereunder. -�ie Agex�cy agrees �.iz accordance ��ith Chapi:er 233, La.ws of 'tY�ie State of Minnesota for 1941, that in the hirin� ot com.�non or skilled labor �'or. the perforr.lance of_ any worlc under this Contract or any subGOni�zact h�reuriderg no contructor, r�ter_�_i.a1 suppl.ier, or �-,nde:�: � shall, by reason of race, creed or color, discrimina�e agains� any person �aho is a citizen of the United States who is qualified and available to perform the �•lork to �ti�hich such employment r�lates; that no contractor, material supplier or ver�dor under this Contract shall in ��.ny rrlanner discriminate against, or intimidate, or prevenL the employment of any person, or on being hi-red, prevei�t, or con� spire to prevent, any person from the perforr.�ance af ��ork under this Contract on account of race, creed or color; and that this Contract may be cancelled or terminated by th� City, and a11 money due or to Uecome due hereunder shall 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 regulai:ions (24 CFR, Subtitle A, Part 1) , issued by the Housing and Home Finance Agency pursuant thereto. E. Tndemnification: It is further agreed that the Agency sha11 defen an save t e City of Saint Paul harmless from any claims, demands, actions or causes of action arisi_ng out of any negligent act or out of any negligeni� omission on the part of �he Agency, its agents, servants, or employees in the performa.nce of or with relation to any o�' the work or services provided i�o be per- formed or furnished b5T i;he Agency under the ter_ms of this Agreement. 4. . 1. ... . �/ � . _.... .c.^^�"0��..� � � F. Resident �mp1_ayment and Trainin;� Re�c�ul� r�ments : Section 103(a) of the Dcmonstrai��_cn Cit�.es a�id T etiapalz an llevelopment Act . of 7.�166 r_equires that a comp-rel�.ensive c.i_ty demonstraL-ion pro� gram pravide "-, %'� %� maxi_mum opport.uniti�s for emploSTing residents of the area in a.11 phases of th� program and enlarged opportunities for wor.k .�.nd trainzng" and that it "%', %', %'� rn�ke marlced progress in reducing %', %� %, unci�remployment and enforced idl_eness %'� %', %;." . In the p�r.forn��ance of this A�r_cement, th.e Agency shall comply w�th a11_ xequire�,:ents of IIUD pertaiT�ing to iLs general policy on � employ�t�nt and traininb o� ?�iodel T�e:t�hborhocd residerits in all jobs generated by this Agreement and the submission r�qu�_r�meizts for the implementation of this policy, as set forth in HUD HandUook MC 3160. 1, Madel Cities Employment� and Training Requirements (CDA Letter No. 11) . Agency shall include these provisions dealing ti7ith. Resident Employmen.t in all of its operating subcontracts . Agency ag-rees to comply with the Etr�ployment and Training �oals set forth in the Saint Paul Madel Cities Res�dent Lmploymer.t and Training P1ar�, as seL forth in Part TI hereof. Within. 10 days after the executior_ of this �Agreenl�ni�, Agency sr�all st2bm��or approval an. employment plan together wzth sPecific employ-ment �.ncl tra�ning goals for thc implementation of this policy. In the eaecuLion of s�zch plan the Agen.cy mus� demonstrate m�+.rtced progress toward specific goals in each succeeding phase of the program. A11 positions generated by this project and Agreement and a11 positions becoming vacant sha.11 be filled by A�ency by Mode1 Neighborhood xesidents . A11 such .positions of employment shall be listed with the Model Neigh.borhood �mployment Center. Only re- fer_rals from the Mode1 Neighborhood Employment Center shall be accepted for employmerit Uy the Agency. Ag�ncy snall not ma.k� any exception to these provisions unless the Agency is grani:ed a waiver by the T1ode1 Cities Special Review 73oard. If the Agency desires such waiver, it sha11 malce wri�Lten request therefor to the Model Cities Special Review Board and shall set forth the fo1lo��ing inf orir�.t ion: . 1. Reasons for the need to deviate from the resident employment requirement. 2. Recommendation and alternatives as i:o how such positions should be filled. Upon entering int� this Agreement, Agency shall submit, in � writing, a listing of avazlable jobs with a job description and 5. � , . , salary range i'or each positioiz. Each joU descript.ion sh.all coni:ain a definition of the position, examples of duties and minimum aAual�- ifications for the position. JoU descriptions are subject to review and approval of the Alodel Cities Dc�partm�nt. ��Jithi_n thirty (30) days after execution of_ i�his Agreement, Agenc}T sha7_1 develop fer revie�a and agproval a specific program to upgrade eligible, potential and i�zterested employees in each para- professional job cl.assificaticn. This upg-radir.g sha11 be desi.gned to 'lead to grea�er responsibility ar ftill profcssional statuss and those emplo3�ees so upgraded shall be r�tained in professional 1eva1 _ positzol�.s as such positions become available through staff turn- � over, expansion or new program developmer�t. The training procedures will be designed to rernove identified impediments to lziring and upgrading of disadvantaged Mode1 Heighbo�-}.zood xesidents and provide them �•�ith occupationa.l mobility through seniority, interagency transfer agreernents, civil service status9 union membership or other prerequisites to such mobility. Agency shall show how it pZans to remove or ease significant merit system impediments to �he employment of disadvantaged Mode1 Neighborhood residents in such related jobs. _ � Agency �hall designate a staff inember as Training and Develop� ment Officer to be responsible for development of training programs and.. employabili�y development plans for all employees . An EmplojT- � ability Development P1an in writing shall be developed with each employee �.sing behaviorally defzn�d objectives. Wi�hin thirty (30) days a�ter execution of this Agr�ement, Agency shall submit to the Model Cities Department grievance procedures to be followed hy the A�enc;T and available to its employees. G. Ter_ms and Condi_tiens : Agency sha11 be subject to and sh.all comp y wit a terms and conditiors as set forth in the attached Part II. _ Agency shall include similar terms and conditions in a11 of its con�rac.ts with other agencies in �he performa.nce of this AgrePment. � H. Sup�merita�Conditions : This Agreement incorporates the "Node�Citzes A�minlsstrat�ia Supplementary Conditions for Contracts with Opera�ing Agencies and Cantractors", HUD-7050 (2-69) which is part of the attached Part II . When the term "City" is used i�herein, it shall mean "Model. Cities lleparLment" The Supplcmentary General Conditions shall be incorporated in all con- tracts between Agency .�.nd its contractors. � 6. I . Admi_r�i�trai�:i_ve Labor Standa-r_c�s.. This �`�<Treeme�,zt i_ncor or- ates the �"'�1�de�~Cit�_��s tidm�istration�Labor Staridards Pr_ovision" - HUD-7051 (2�69) s which is pax� of the at.i,ached Part TI . [�,7here tlze term "City" is used therei_n, it sha7_1 mean "Model Ci_Lies Departm�nt"; and �ah�re the ter_m "Cozzi�ractor" appears therein, it shal.l mca�z "AgencST". These L:�bor Star�dards shall be incorporated in a17_ contracts betvaeen thc hgenc�T and iLs contractors . J. Record� Re��rts and_Informa�ion : 'T'he Agency shal.l be � responsibl_c �r i��c�maini�en��;�ce o��records a7zcl ,a.ccounts, includii�g property, p�rsonr�el and f�nanciaJ_ r�corcl_s adequate to assure a proper accounting for �a11 proj�ct fundsp Federal and./or noiz- Federal. These records wi11 be made available ior audit to repre� sentatives of the Modc�1 Cities Departmeni�, the United States DePartment of Housin�, and Urban Develop;nent, the Co�nptroller Gen- eral of the United States cr any autho-rized rep-r�sentai�ives oi any or a11 of the�e agencies, and wi11 be reLained for thr.ee years after the expiration of this Contraci: unless writte� perinissio.z is given .fo-r �heir destructian by Model Cities D�paxtment an� the Secxetarj� of the United StaL-es Departme;�L of Hossing an�. lirUan D�velopm�nL. A�ency sha�l furnish such statem�nts, reco-rds, rep^rts arid i�.zfoxmati.on as �_s called for in the Model. Ci.ties D�partm�nt data repor�in� �ac'�age, �ahich is incorpoxated herein by reference and made a pa.rt here�f, a�z�i such oL-hei- for�ls :�:s m��:y from Lin�� to f�im� be require� of the Abency by the Departmei�.t of Housin� a_nd Urban D�ve lopment a�1d/or Niode 1 Cities Depari�men�. K. The Agency shall provide inforn�.tion to the Mo��el Gities D�partment f�r purl oses of evalu.ation and canti,zuo7�.s p1�.nning ° pur_star�t to a monthly reporting systPm. This reporting system sha 11 iric lud e : a Output rleasure Report (month.ly) - � b Output Measure Report Narrative Report (monthly) � c Agency Statement (monthly) d Par_ticipant Beneficiaries RePo-rt (monthly) e Pro j ect Worlc Program (monthly) f Budget and Output Nieasure Forecasts (monthly) g Narrative Report (monthly) L. Work Pro�ram: t�ithin one month following the execution of this Agreement,�t�I�e Agency shall subrnit to the Model Cities Department, for its approval, a Work Program setting forth how the ' Agency will imp]_ement the scope �f services as set forth in this Agreement, and including the following: (a) Job Description f.or_ each staff posii�ion 7. (b Timetable for hiring staff (c Detail.ed descr_iPt:i.on of the t�sks tt� �e undertaken (d Methods by wh:ich. Ll�e successft�l cornpletion of these taslcs wi1)_ be achiev�d (e) Timetub]_e for such cornpletion. . IN [,?ITNESS WHE}��?OF, The parties h.ave caused this Agreement to be executed tlie day and year Lirst �above ��.ritten. CITY OF SAINT PAUL � Approved as to Form: MODE� CITILS DEPARTl�1ENT Specia ssistant � yor Corporation Counsel - Director Approved as to Form & Execution: �ty C er_ Specia Asszstant Corporation Caunsel , CZLy Comptro e�r `�-� In the Presence of: OPPORTUNITY SYSTEMS, INC. By• . Its Its APPROVED by Council Resolution ' C.F. No. ' Dated: ' £3. . e • PART II - A SCOPE OF SERVICES a. Scope or Pu.rpose o.f Contr.act Assist, through technical assistance and training the St. Paul Model Cities Agency in the design and installation of a total CDA Management Information System (CDAIS) to support CDA planning, programming, and budgeting. Assist the CDA staff in the specification and docu.menta- tion of the relationships between the (CDAIS) and other CDA functions . b. Specific Tasks to be Performed l. Train Saint Paul Mode1 Cities staff, Mode1 Cities Planning Council. members and agency representa.tives in the principle� and requirements for an effective Model Cities Information System and evaluation component. 2. Assist the Saint Paul Mode1 Cities staff in carrying out the following task related to implementing the CDAIS: Review, refine and complete project ana.lysis; - Design and develop reporting packa.ges for operating � agencies; • EstaUlish procedures for report preparation, submission, and distribution; Organize file structure of the Information System; and Assist staff in the development of an Operations and Procedures Ma.nua.l for the CDAIS. 1. �z ._ A. sconT c�_� <<.��;�::. Tne wa-r�c tc� be �ur�or:�.e;: �c•:-ii� inc�.ude �.:,�> foi�o�aii�g : A' P�eview, reiiize aad comaiet� p-rojeci. anulys�s . $ , ri2S7.4�T11 c:lid devaiop OY.?x'3i.1i7� ?..�ency reportinG. pGCLC�wbC-'J • C . Establ�sh proceaures for repo�t prepa�ai.ion sub:nissioa �nd uis�r3_bi�!tion. _ D. Organize �ile struc�u�e of the CDA1S . E. Assist staf� in the �:tevelo�in�nt of an Cperati.ons- Yrocedsres �ianual �or �he CDA�S . Each o� �hese �sjor tasks wiil :i.r,:p-rove the CDA' s capa- bility t� r�snabe �"r.e ::oc;el Ci�ies prograu�. A. Review, �-��=tne , sr_� co::��_e�c� n-�ojecL- analys�s . Pi,oject Analysis provides tize s�ructure for xe- porting , which is a ma:�ageraent �.00l . By refining the project analysis �r.e project elements key activities , process output �easures , participun� bene�iciaries info-rma�ion , budget informatiou , and - narrativ� inf�rmation, beco:ne the key units of nleasure fo� monitoring the projec� through re�o-rt�no ar.d the r��orts� beco:ue primary tools for evaluacion. ProjecL- analysis thereiore is vital to a11 reporting , evaluai.a.on, and management activities of the CDA. B . Desi� and �eveyop Operatang Agency reportin; P�cicaoes . ' The �r1ZG'Z I.c:VZ�.S �Ji Y2pGYtS 3i1Ci t�4' T1V0 C{1ii1G'.iS1011S of e�ch repo;:ti.n; ievel a�� a�� essential to tiz� repor:.i�zg �:'ocess . �Si �vi11 rev:.ew �he existi.Z� r�:- 2. ' �cr�.�:�;; s::i•uc::;:re a:� • ir:su-�e �.he coordination , �a.:.T:il�'ii;� :::i� �.^:e �V�liic;t::i.0^ 'S�fS i.Bi,IS . i?' there are gaps i: t�e preser.i. syster;. tne consu�tar�t w�ll fill tnose gaps . C. Establ�:sh P�cce�u�es ��c� report -�r��G�:i.ion , � ' 'subr.ii:ssio:i u�ic d;scriau�ion. The �epor�s ure . only us ef f 2c�iv� us �he ievei o� ur.:ie-rs tandir.g . To i:�surz that all staff oi th2 C��, and ;...e operating agenc�es un�e-rstand aii aspects of the � reports the staff of OSI Saill trai� �ahere necessary and will assist in tne developmeni of c�mpre- hensive repor�.ing prace�u-res D. OrgU:iize �tiie ��:i� Struct�.�r� oi t:�e CP�IS Ttie present fii2 syste:� is prob�.blq adequate , but to ins�re that the file system will be super�or and will meet the needs of i:he CDA as t'ne progra.n grows , OSI staif will analyze the file s��stem ar.d �propose cY;anges to insu-re maximum effectiveness . E. Assis� t'r�e Staff in the Developmer.t of an O�erations Procec�ures �I�.nual f or the CDAIS . The purpose of a Systems-Procedures Maaual is to docu;nent CDAIS operations . The document will sub- sequently be used to : 1. Train new information system staff inembers in rhe necessary procedures for maintenance of the system. 3. 2 • L�s� �.�e advi�i�oi� v� t;Dl��S .�:Gi:l��catians . 3 . i'rovid.� i_he n:�ans i o-� auuitino -�hE syst�m aL.� its c2eratior�s . ZIT . ' '�tiT.7i:iZ ?':�:iGc.^-::�� n��i� S'�:�i'.�r:;:�L Tasks �o �e Per�o-rmed : A. �eview� reii.ze and com;iett' rro�ec� analys�s . ' B . Desig.z op�ra�ing agency r.epo�tir:g packaoes . C. Establisc Procedures fo� re�o-rt p�erara�ion , subr.issior, and dis�rib�.:t-�o:�. D. G-rganize f_ile structure of ihe Ii.for;,latio.z Syste�. . E. Ass�.st staif ir. the ciev;1op.:ent oi a� Ope�Gtior.s- 1'rocedu-res :�Ian°ual for �he CDAIS . ' WEEK l tdEEiZ 2 W�'EK 3 WEEK 4 fiask A � ' � i 1 ' Taslc B + i � � Task C � . Task D i � � ; i Tdsk E � ! ! � � � _ . . . , _ _ � . OveralZ Assessmer.iL • � ; i F�gure 1 The i.ask �oill be addresse3 as shown on the above cha-rt . In order to maxiMiz� the TA requ�st for staff time will be made and a detail scheduie wili be r.t�:�u�.l�y worked out durir.g tie t first week. The si:aff as:,in�..�d �o �he Yroject will be assig.:e:: as 4. / � ilius�rate� �r. � �our� _ . OI�-SITE tti'��I: � r:,�.�� 2 WEEK 3 LI��K 4 � j _ M. L. Burton , Jr . � : .k X , .. : Xh�� _ .� X��: I XX ; 1 2 . - �r--- � f I�' J. Cor.�aay Wi�sor� , � , i � X 2 I' � Ronald Dozier � X �X. ! � , X 3 . � . � . ! � � OFF-SiTE � . 6 � , 4 / 3 i 4/ ' 3/ 3 �i%/� i --_�—_—__ __ __:...__ ..,. ... M, L. Burton , Jr .. � . � �. -! - I Y 2 J . Conway Wilson . � X I IX f ?_ I , � j Ronald Dozier � ( X � � � � 2 � TOTAL 23 DA�'S � � 5. PART II - B - BUDGET OSZ proposes to perform the Technical Assistance Services (TA) deseribed in this proposal for a - total estimated price of : 23 mandays $4961. 56 _ � The following is a breakdown of the project costs for � this plan : A. Labor � 23 mandays at $75 per �ay $1725 . 00 � B. Overhead @ SO% � 862 . 50 � C. Travel � per diem 17 days on site at $25 per day 425 .00 Seven round trip� (air fare) -- _- at $I4C . 1022 .00 17 days ground travel at $20 340 . 00 . $1787 .00 D. G & A 7� � 306 . 22 F.. Fee 6% 280 . 84 $4961. 56 i MODEL CITIES DEPARTME�TT OPERATING AGREEMENT PART II - D TERMS AI�?D CONDITIONS I. Termin�.tion of_ Contract. (a) I� the United States Department o - Housing an Ur an Development should suspend or ter.miriate its Grant Agreement for the Ccmpr.ehensive City Demon- stration P-rogram with the City of Saint Paul, this Agreement may - be terminated by the Model Cities Department; or if, for any cause not the direct result of Model Cities Department actions, the Agency sha11 fai_1 to fulfill in timely and proper ma.nner its o�ligations under this Agreement, or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, the Model Cities Department� shall thereupon h.ave the right to terr�ina.te this l�greement by giving written notice to the Agency of such termination and specifying the effective date ther�of, except as may be otherwise provided in Notice of Suspension or Te-rrr�ination rec�ived by the Model• Cities Department from HUD. The nGtice given to the Agency shall be provided at least thirty days prior to the effective date of such termination. Tn sucYi event, a11 fin- ished or unfinished documents, da�a, stu�ies and reports pre�ared by� t1.ze Agency under this Agreement, sha�1 at the option. of tl-�e Nlodel Cities Department become its property, and th� Agency sh.all be en- titled to receive just and equitabl_e compensation for ariy work satisfactorily completed on such documents . (b) Provided, however, that if the Mode1 Cities Department shall exercise its right herein given to ter.minate this Agreemei�t for cause, it sha11 nonetheless reimbu�rse the Agency for a11 amouizts expencled or indebtedliess incurred in �ood fa.ith in reli�.nce on this �.greement so that the A�ency shall be able to complete its accrued and/or current commitments on account of this Agreement. But this provision shall nat be construed to r_elieve the Agency of its li_a- bility, a.f any, to the Mode1 Cities Dep�.rtment for damages for Ureach of contract. - (c) Either tn.e Model . Cities Department, with the consent of the Mode1 Neighborhood Flanning Council, or the Agency may termin- at� this A reement for any reason whatsaever upon the giving of thirty (30� days written notice. In such eveni�, all finished or uiZfinished documents, data, studies and reports prepared by the A�ency und�r this Agreementy shall at the option of the Model Ci�ies Departm��zt become its pro�exty9 and the �gency sh�.11 be entitled to receive compensaticn. f_or t=yorlc performed satisfactorily to the d.ate of termination of the t�gr_eement on1y. (Terms and Conditions) 1. (d} Notwithstanding the above, the Agency shall not be relieved of liability to the Model Cities Depa.rtment for damages sustained by the Model Cities Department by virtue of any breach of this Agreement by the Agency, and Model Cities Department may withhold any payments to the Agency for the purpose of setoff until such time as the exact amount of damages due the Model Cities Department from the Agency is determined. 3. Chan es . The Model Cities Department may, from time to time, request c nges in the scope of the services of the Agency to be performed hereunder. Such changes, which are mutua.11y agreed upon by and between the Model Cities Department and the Agency, shall be incorporated in written amendments to this Agreement. The Agency may not deviate in any respect from the scope of services delineated without the written consent of the Model Cities Department. " The Agency shall assist the Model Cities Department and the Policy Board in reviewing and revising these purposes and objectives in light of the experience from the activities of the project for the duration of this Agreement. Such assistance shall include, but not be limited to, cooperating in the monitoring and evaluation activities of the Model Cities Depa.rtment, participating in the continuing planning activities of the Model Cities, Department and generally providing advice and counsel. The Agency and the Model Cities Department may revise, amend, and/or add to the purposes and objectives by clarifying language and/or by quantifying any or all of the purposes and objectives. Any such revisions and amendments shall be in the form of amend- ments to this Agreement. 4. Personnel. (a) The Agency represents tha.t it has, or will secure at its own expense, all personnel required in perform- ing the services under this Agreement. Such personnel sha.11 not be employees of or have any contractual relationship with the Model Cities Department. (b) All of the services required hereunder sha.11 be per- formed by the Agency or under the supervision of the Agency, and all personnel engaged in the work sha.11 be fully qua.lified and sha.11 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 services subcontracted here- under sha.11 be specified by written contract or agreement and 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 sha11 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 mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C. , section 874; and title 40 U.S.C. , section 276c) . The Agency shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Agreement to insure compliance by su�contractors with such regulations, and shall be responsible for the submission of affi- davits required of subcontractors thereunder except as the Secretary o£ Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Pro 'ect Coordination. The Agency, by its designee, shall participate w t 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 coordina.te activities with programs of other agencies functioning in related field pro- viding service in the Model Neighborhood area. 7. Citizen Partici tion. (a) The Operating Agency shall cooperate w�tTi t e o e ities Department in informi.ng the appro- priate Model Cities Task Force of the activities of the Agency in carrying out the provisions of this Agreement. (b) Representatives of the Agency shall attend meetings of the appropriate Task Forces upon the request of the Model Cities Department. 8. Reduction of Services. In the event the Agency fails to fulfill t e erms an con t ons of this Agreement in a satis- factory manner as determi.ned by the Model Cities Department, the Model Cities Department reserves the right, as its sole option, (Terms and Conditions) 3. to reduce or diminish the services of the Agency and reduce the �pro�ect budget in a manner which reflects such reduction or diminution. 9. As^s�bilit . The Agency shall not assign any interest in this Agreement an sha11 not transfer any interest in the same (whether by assigrrment or novation) without the prior written consent of the Model Cities Dep&rtment thereto. 10. Subcontract and Other „��g,reements. The Agency shall not subco�tract any portion o t e -�erv ci e�s to be provided hereunder without the prior written conse:.t of the Model Cities Department. All consultants' contracts sha.l� 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 Departtnent for its prior written approval. 11. Restrictions on Disbursements. No money under this Agreement s 1 e dis ursed y t e Agency to any contractor except pursuant to a written contract which incorporates all Supplemental General Conditions to this Contract and unless the Agency agrees to compliance with HUD requirements with regard to accounting and fiscal matters to the extent that thep are applicab].e. � 12. Failure of Internal S stems. The Agency further agrees that shoul s a , reports, or nternal system of control prove to be inadequate in the determination of the Model Cities Depart- ment, the Model Cities Department reserves the right to enter upon the Agency's premises and perform all acts necessary and relevant to the establishment of a proper system of interna.l fiscal control. The Model Cities Department shall have the right to place its per- sonnelt agents, or independent contractors upon the premises of the Mgency and use Agency's personnel to function in this area. The odel 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 e,�ratin �rocedures. The Model Cities Department re- serves the=rlg�it to prescr e uniform operating procedures far the Agency at such times when the Model Cities Department deems it necessary. 14. Mode1 Cities Identification in Pro'ect Activities. (a) All buildings, o ces an ac ties use y t e gency to fulfill (Terms and Conditions) 4, the obligations under this Agreement sha.11 identify the City of Saint Paul Model Cities Department as a s ponsor of the activity in a manner to be approved by the Mode1 Cities Depa.rtment. (b) All stationery, inforn,ationa.l releases, pamphlets and brochures or other material prepared and/or distributed by the Agency sha.11 identify the City of Saint Paul Model Cities Depa.rt- ment and the U. S. Department of Housing and Urban De�elopment as sponsors of the activity, in a manner to be approved by the Model Cities Department. 15. Dis lacement and Relocation. The Agency shall immedi- ately noti y e o e i es epar ment 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, individuals or " businesses within the Model Neighborhood. Such notification shall occur immediately upon knowledge that the activity will cause such displacement and/or relocation that the Model Cities Department and the relocation office can provide relocation assistance pay- ments. If relocation of displacees is infeasible, the Model Cities Department may direct the termination of the activities ceusing further displacement. 16. Maintenance of Effort. It is agreed that any funds made available u er pro s ons o 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 Department may request documentation concern- ing previous effort and expenditures by the Agency in the Model Neighborhood to ena.ble the Mode� Cities Department to determine if the Agency is increasing its ser•�ices and the spending of funds in the Model Neighborhood. 1�7. E�_E�loycnent Oppor��unity. During the performa.nce of this reemen�,� e Agency agree�8�ollows: (a) The Agency will not di �criminate against any employee or applicant for employment becaus� of race, creed, color, sex, age or national origin. The Agency wil� take affirmative action to en- sure that �pplicants are employe.�i, and that employees are treated during employment, without regard to their race, creed, c:olor, 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 pa.y or other forms of compensation; and selec- � tio� 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 Ag ency will, in all solicitations or advertisemen�s for employees placed by or on behalf of the Agency, state tht�t all qualified applicants will receive consideration for employment without regard to race, creed, sex, age, color, or national origin. (c) The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 18. Discrimination Because of Certain Labor Matters. No person emp oye on t e wor covere y t is greement s 11 be discharged or in any way discriminated against because he ha.s filed any complaint or instituted or caused to be instituted any proceed- ing or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 19. Com liance with Local Laws. The Agency sha.11 comply with all app ca e aws, or ina.nces, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Agreement. , 20• Interest of Members of Model Cities De rtment. No mem- ber of the governing o y o t e o e ities epartment, and no other officer, employee, or agent of the Model Cities Department, who exercises any functions or responsibilities in connection with the carrying out of the project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 21. Interest of Other Local Public Officials. No member of the governing o y o t e oca ity in w ic t e project area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or ap- proval of the carrying out of the project to which this Agreement (Terms and Conditions) 6. pertains, shall ha.ve any personal interest, direct or indirect, in this Agreement. 22. Interest of Certain Federal Officials. No member of or Delegate to t e ongress o t e nite tates, and no Resident Commissioner, sha.11 be admi.tted to any share or part of this Agreement or to any benefit to arise herefram. 23. Interest of A enc . The Agency covena.nts that it pres- ently ha.s no nterest an s - 11 not acquire any interest, direct or indirect in the above-described project area or any parcels therein or any other interest which would conf lict in any manner or degree with the performance of its services hereunder. The Agency further covenants that in the performance of this Agreement no person having any such interest shall be employed. 24. Findin s Confidential. All of the reports, information, data, etc. , prepare or asaemT�ed by the Agency under this Agree- ment are confidential, and the Agency agrees tha.t they shall not be made available to any individual or organization without the prior written approval of the Model Cities Depa.rtment. 25. Purchase of Nonexpendable Property with Model Cities Funds . The ageney 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 identi�y 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 like items such as chairs with an aggregate cost in excess of �100 ahall also be controlled and accounted for as nonexpendable �r. operty even though the cost of a single item is less than 100. The record shall include (a) description of the item of property including model and serial number if applicable , (b) date of acquisition, (c) the acquisition cost or assigned value to the program, and (d) the source of funds expended for the acquisitio.n of property ( i .e . , agency funds or Mode1 Cities Punds ) . It shall also include informat�on as to whether the item of property was new or used at the time of acquisition. The aggregate of the individual costs shown on the record cards ahall equal the balanoe in the subsidiary costs account for non- expendable property. The fiscal inventory shall be taken and reconciled with the record card annually. (Terms and Conditions) 7. 26o �R�e o_r��ts Pro�. e�r�t. r of Model Cities De�a�xt�men��. A1:1 repori.s, in�'armat o��, data an in ings eve�. op-e�s a result of this Ag-r_eemeni� shall be �he property of the Mode1 Cities Depart- ment, anci Agency shall not publish nor distribute, in whale or in part9 any such matter withcut the prior written consent of the Director of the i�odel Gities Department. (Terms and Conditions) 8. � U. S. DEPARTMENT OF HOUSIiVG AND URBAN DEVELOPMENT r�ODEL CITIES ADMINISTRATION S'JPPI,EMENTARY GENERAL CQ1�:D�TIONS FOR CONTRACTS WITH OPERATII� AGENCIES AND CONTRACTORS* The follawing conditions take precedence over ar�y conflicting conditions in the Contract: �EC. l. Reetriction on Disbursements. -- No money under this Contract shall be disbursed by the Agency to ar�y contractor except pursua.nt to a written contract which incorporates the appl.icable Supplementary General Conditions and unlesa the contractor is in compliance� �ith IiUD requirements with �egard to accounting and fiscal matters, to the extent they are applicable� SEC. 100. De�initions. -• As used in this Contract: (A) Agency means an entity, whether public or private, which has the reapans�.bil:ity for administering a pro�'ect or activity. (B) Area means the model neighboxhood. designated in the Program. (C) Contractor means an entity, other than an Agency (except as noted in the Labor Stand.ards Provisions) that flu nishes to the City or to an Agency services or supplies (other than standard coa�nercial supplies, office space or printing services). (D) HUD means the Secretexy of Housing ead Urban Development or a person authorized to act on his behalf. (E) Program means the Comcpreh�nsive Demonetration Program approved. by HUD as the same me�y from time to time be amended. SEC. 101. Records. -- (A) Establishm.ent and Maintenauce of Records. -- Records shall be main- tained in accordance with requ3rements prescribed by HUD or the City with reepect to all ma,tters covered. by this Contract. Except as otherwise author- ized by HtJD, such records shall be maintained Por a period of three years after receipt of the final payment under this Contract. (B) Documentation oP Costs. -- Al1 costs shall be supported by proper].y executed payrolls, time records, imroices, contracts, or vouchers, or other official documentation eviden�cing in proper detail the nature and. propriety of the chargea. All checks, payrolls, imroices, contracts, vouchers, orders, or other accouri�i�g d.c�cumsnts pertaining in whole or in part to this Contract ahall be clearly identified and readi�y accessible. *� The cond,itions muat be incorporated in (1) City contracta with operating egenciea, (2) City contracts with contractors, (3) Operating agency con- tr�cta with contractors. ** The bracketed material should be deleted in contracta with contractors. MUD-70l0�t—eoI . � ' 2 SEC. 10?. Reports and Information. -- At such times and in such forms as HUD or the City may require, there shall be flzrnished to HU'D or the City such statements, records, reports, data ar�d information, as HUD or the City may request pertaining to matters covered by this Contrac.t. SEC. 103. Audits a.nd Inspections. -- At ar�y time during normal business hours and as often as the City, HUD and�or the Comptroller General of the United Statea msy deem necessary, there shall be made available to the City, HiJD ar�d�or repreaentatives of the Coacptroller General for examination all of its records with respect to all n�t�ers covar�ed �y this Contract and will peraLtt the City, HUD and�or represeatatives of the Comptroller General to audit, examine and make excerpts or tratiecripts from �uASh records, and to �ke audits of a11 contracts, imroices, materf.als, payrolls, records of per,sonnel, conditions of employment and other data rele,tir►g� to a17.• mat�ers covered by this Cantract. SEC. 104. HUD Requirements. -- Unearneel payments under this Contract may be suspended or terminated upon retlzsal to accept anpr additional corbditions that me�y be imposed 'by HUD at ar�y time; or if the grant to the City wtider Title I of the Demonetration Cities and Metropolitan Development Act oi� 196b is sus- pended or terminsted. SEC. 105. Conflict of Interest. -- (A) Interest of Members oP City. -- No officer, employee, or agent of the City who exerciaes ax�y fl.inctions or responsibilities in connection with the planning arld carrying out o� fihe Program, or a�r other person who exer- cises ar�y fluictionB or responsibilities in conriectian with the Program, shall have ar�y personal Pinancie.l intereat, direct or itldirect, in this Contract; and the Agency ehall take approprire,te ste�s to aesure eo�rpl.iance. (B) rThe Agericy agreea that it will incorporat�e into every contract required to be in writir�g the �ol].owing provision] Intere�t of Contre,ctor and 1 ees. �- The Contractor covenaata t t no person who presently exercises a�r fl�nctions . or responaibilities in connecti.on with the Program, has at�r personal firiancial interest, direct or ind.irect, in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the Model Neighborhood Area or ar�r parcels therein, which would conflict in ar�r manner or degree with the performance of his services hereunder. The Coutract flxrther covenants that in the performance of this Contract no person having ar�y conflicting interest ahall be employed. Ar.�y interest on the part oP the Contractor or his em�ployees must be dis- cloaed to the Agency and the City. Provided, however, that this paxagraph shall be interpreted in such a maxmer so as not to unreasonsb�}r impede the statutory requirement that maximum oppor- tunity be provided for emplayment of and participation by resideats of' the area. * The bracketed material should be deleted in contracts with contractors. HU D.JO�012—eo) �- ' , . � 3 SEC. 106. Opportunities for Residents. -- In all work made possible by or resulting from this Contra.ct, affirma,tive action will be taken to ensure that residents bf the model neighborhood area axe 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. axe to the greatest extent feasible, awarded contracts. 3EC. 107. Diacrimination Prohibited. -- (A) Ir� all hiring or employment mad.e possible by or resulting from this Contract, there (1) wi11, not be� ar�y discrimiztation �gainat any employee or applicant for emplcryment becauee of race, color, religion, sex, or national origin, and (2) af�'irmative action will be taken to ensure that applicants axe employed, and that employees are trea�ted during employment without regard to their race, color, religion, e�ex, or national origin. This requirement shal.l apply to but not be limited to, the follawing: employment, upgrading, demotion, or transPer, recruitment or recruitment advertising; lay-off or termination; re,tes of pay or other forms of compensation; and selection for training, includ- ing apprenticeahip. There shall be posted in conspicuous placea available to employees and applicants for employment, not�ces to be provided by HUD setting forth the provisions of this clause. All solicitations or advertisements for employees a2�a.1.1 atate that all qualified appl.icants will receive consideration for employment without regaxd. to race, color, �religion, sex or national origin. (B) No person in the United States shall, on the ground of race, color, religion, or naticmal origin, be excluded i'raan participation in, be denied the benefits oP,• or be eub�ect to diecrimination under any program or activity _ made possible by or resulting froan this Contract. The Agency and each employer will comply with all requiremsnta i�¢posea. by or pursua.nt to the regulations of HUD effectuating Title VZ of the Civil Rights Act of 196�. �C) Th� Agency hereby agrees that it will incorporate into any contract for conetrv,etioa work, or modification thereof, as defined. in the regulations o�' the Secretary of Labor� at 41 CFR Chapter 60, which is paid for in whole or iu pe�zrt with flulds obtai.ned pursua,nt to this Contract, the equal opportunity clauee which ie a paxt of the labor starld.ard provisions attached hereto. The Agency f'urther agrees that it will be bound by the equal opportunity c]�,use and other provisions of 41 CFR Chapter 60 with respect to its own employ- msnt practices when it participates in federally assisted construction work: Pravided, That if the Agency so paxticipating is a State or local government, tThe above equal opportunity clause is not applicable to a�y agency, instrumental- ity, or subdivision of such government which does not paxticipate in work on or urider the coatre,et. 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 8ecretary of Labor, that it will furnish HUD and the Secretary Huc_�o�n�:_�� • ' f . � of Labor such informa.tion as they may require for the supervision of 5uch compliance, and that it will otherwise aasist HUD in the discharge of its prima.ry responsibility for securing compliance. The Agency .f�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 de�,arred from, or who has not demon- strated eligibi�ity for, Government contracts and federally assisted construc- tion contracts pursuant to the Executive Order. In addition, the Agency agrees that if it fails or refl�ses to comply with these undertakings, the City may take ar�y or a11 of the following actions: Terminate or suspend in whole ox in part this Contract; refrain from extending az�y flzrther assistance to the Agency under the progr�m with respect to which the failure or refusal occurred until satisfactory assurance of flzture compliance has been received. from such Agency; and refer the case to ths 13epartment of Justice for appropri- ate legal proceedings. SEC. 108. Labor Standaxds. -- There ahall be included irt a11 construc- tion contracts, made possible by or resulting Prom this Contract, with private entities the applicable labor standaxds provisions, if the work being carried on is not otherwise sub�ect to provision of Federal law imposing labor standaxds on federally assieted construction ar�d in the case 'of residential pro�ects if the pro�ect is deaigned for the reaident#.al use of eight or more familie� SEC. 109. Copyrights. -- If this Contract results in a baok or other copyrightable material, the author ia free �o copyright the �1ork, but HUD reaerves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, e,17.` copyrighted material and all material which can be copyrighted. SEC. 110. Pe,tents. -- Any discovery or invention arising out oP or developed in the course of work aided. by this Contract sha11 be promiptly and flally reported to HUD for determination by HUD as to whe�her patent protection on such invention or discovery ahall be sought a.nd how the rights in the in- vention or discovery, including rights under aqy patent issued thereon, shall be disposed of and adminiatered, in order to protect the public interest. SEC. 111. Political Activity Prohibited. -- Rone of the ftuuis, materials, property or servicea provided directly or indirect]y urLder this Contract shall be used in the performance. of this Contract for ar�r p�,rtisan political activity, or to flzrther the election or defeat of ar�y candidate Por public office. SEC. 112. Lobbying Prohibited. -- None of the flxnds provided under this Contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Congress. *�* The bracketed ma.terial shall be deleted in contracts involving construc- � tion, rehabilitation, alteration or repair work with private entities. The attached labor standards provisions shall be inserted in lieu of Sec- tions 107. and 108. In contracts for such work with public entities, only sections 1 - 3 of the labor stand�rd provisions should be included. HUD�7O� ($�60� RU.f.80V[RNM[NT��IMTIN60Ff�t(:1��90-]]5-Wt U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT , MODEL CITIES ADMINISTRATION LABOR STANDARDS PROVISIONS l. OPPORTUNITIES FOR RESIDENTS In all work made possible or reRUlting from this Contract, affirmative action will be ta.ken to ensure that residents of the model neighborhood area axe given maximum opportunity for training and employment and that business concerns located in or owned. in substaatial part by residents of the model neighborhood. are to the greatest extent f easible, awaxded contracta. 2. EQUAL OPPORTUNITY A. During the perfoY•mance of this Contract, the Contractor agrees as follawa: (1) The Contractor will not discriminate against ar�y employee or applicant for employment because of race, color, religion, aex, or national origin. The Contract will take affirmative actioa to ensure that applicants axe eacployed., and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. , Such action shall include, but not be limited to the Pollawing: Employment, upgrad.ing, demotion, or transfer; recruitment or recruitment advertising; layoff or termine�tion; rates of pay or other forms oY compensation; and selection for training, including apprenticeship. The Contractor agrees to poat in con- spicuous places, available to employees and applicants for emplcryment, notices to be provided setting �'orth the provisions of this non�discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicanta will receive consideration for employment without regard to race� color, religion, sex or nationaY origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective baxgaining agreement or other contract or understauding, a notice to be provide8 advising the eaid le,bor union or workera' repreaentatives of the Contractor's coa�uitm�nts urnder this section, and shall post copies of the notice in conspicuo�us places available to employees and applicants for employment. (4) The Contractor will coiaply with all provisions of Executive Order 11246 of September 24, 1965, and. o� the rules, regulations, a,n�d releva.nt ordere of the 8ecretary oF Le,bor. (5) �e Contractor will ftiu�nish all information and reports required by Executive Order 11246 0� September 2►:, 1965, arid by rules, regulations, and ordera of the 8ecretary ot' Le,bor, or pursuan� thereto, axld will permit access Nuu.�os� c:—en - ' � . ' , . 2 to his books, records, and accounts by HUD and the Secretary of Labor for purposea 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 arXy of the said rules, regula- tions, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declaxed i.neligible for flirther Government contracts or federally assisted coristruction 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 24, 1965, or by rule, regula- tion or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paxagraph (1) and the provisions of paxagraphs (1) through (7) above and paragraph B below in ev�ry subcontract or purchase order unless exempted by rules, regulations, or ordera of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 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 ar�y subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes in- volved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor �nay request the United States to enter into such litigation to protect the interests of the United States. B. Non-Segregated Facilities. T'he 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 pea^mit his employees to perform their services at ar�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 any of his establishments, and that he will not permit hia employees to perform their services at ar�y location, under his control, where segregated facilities are maintained. As used in this paragr�,ph the term "segregated Facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker room� and other atorage or dressing areas, paxking lots, dsinking fountains� recreation or entertainment axeas, transportation, and housing facilities pro- vided for employees which axe segregated by explicit directive or axe in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 3• SPECIAL USE OF TERM Notwithstanding Section 100 of the Grant Agreement and Section 100 of the Supplementary General Conditions, the term "Contractor" may include an'bperating Agency�' as defined in the Grant Agreement and an"Agenc�'as defined in the 3upplementary General Conditions. MUD-7051 12-e9i . ' -, 3 4. DAVI$-BACON ACT (1) Minimum wages. (i) Al1 mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and. without subsequent deduction or rebate on ar�y account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 c�'x Pa,rt 3)), the flzll a.maunts 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, regaxdless of as�y contractual relationship which ma,y be alleged to exiet between the Contractor and such laborers and mechanics; and the wsge 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 are considered wages paid to such laborers or mechanics, sub�ect to the provisiona of 29 CFR 5.5(a)(1)(iv). Also for the purposes of this clause, regulax contributions mede or costa incurred for more than a week�y period under plans, fluzfle, or programs, but covering the particulax weekly period, axe deemed to be constructively made or incurred during such weekly period:. (ii) The Contracting Officer sha11 require that a.r�y class of laborere or mechanica which is not listed in the wage determination and which is to be employed under the Contract, �all 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 partiea cannot agree on the proper claseification or reclassification of a particulax class of laborers and mechanics to be used, the question accompanied by the reeo�nmendation of the Cantracting Officer ahall be referred to the Secretary for final determination. (iii) The Contracting Officer shall require, whenever the minimum wage rate preacribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hour�y wa�e rate and the Contractor is obligated to pey a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be establiehed. In the event the interested parties cannot agree upon a caeh equivalent of the f`ringe benefit, the question, accompa.nied by the recoanmen8ation of the Contracting Officer, shall be referred to the Secretary of Labor for determina.tion. (iv) If the Contractor does not make payments to a trust�ee or other third pereon, he may consider as part of the wages of ar�y laborer or m�chanic the e.mount of ar�}r coats reasonably anticipated in providing benefits under a plan or program of a type express�y li�ted in the wage determina.tion decision of the Secretary of La,bor which ie a part of this Contract: Provided, however, the 8ecretary of Labor haa foun�d, upon the written request of the Contractor, that the applic�,ble sta.ndarde of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a sepaxate account aesets for the meeting of obligations under the plan or program. Nucaos� �:-69) � � � , . ! �+ (2) Withholding. HUD may withhold or cause to be withheld f`rom the Contractor so much of the accrued. payments or advances as may be considered necessary to pay laborers and mechanics emplayed. by the Contractor or ar�r subcontractar on the work the full 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 euch action as mi�y be necessaxy to cause the euapension of ar�r further payment, advance, or guaxantee of fluids until such vi.olations have ceased. (3) Peyrolls and basic records. (i) Payrolls and basic xecord.s relating thereto will be maintained durir�g the course of the work ancl preserved for a period of three yeaxs thereafter for all laborers and mechanics working at the site of the work. Such recorde will contain the r� and ad.d.ress of each such employee, hia correct classification, rates of pay (including rates of contribu- tions or coats anticipated of the types described in section 1(b)(2) of the Davis-Bacon Act), dai�y and week]y number of hours worked, deductions made and actual wages paid. Whenever the Secretary of I,abor has found under 29 CFR 5•5�a)(1)(iv) the�t the wages of ar�y laborer or mechanic includ.e the amount of ar�r costs reasonably anticipated in providing benefits under a p].an 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 ox program has been comtmanicated. in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benePits. (ii) The Contractor will submit week],y a copy of all payrolls to the City if the City ie a party to the Contract, but if the City is not such a party the Contractor will submit the payrolls to the Agency for transmission to the City, for transmission to HUD. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the pa�rrolls axe correct and com- plete, that the wage rates contained. therein are not less than those determined � by the Secretary of Labor and that the classifications set forth for each laborer or meche.nic conform with the work he perform�ed. A submission of a "Week�y Statemer�t of Compliance" which is required under thiB Contract and the Copeland reguletiona of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial pa,yroll or ar�y subsequent payroll of a copy of at�y fin�dings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) sha71 satisfy this requirement. The prime Contractor shall be responaible for the subma.ssion of copies of pay- rolls for all subcontractora. The Contractor will make the records required under the labar standards clausea of the Contract available for inspection by authorized representatives of HUD, the City �r the Agenc� and the Department of Labor, and will permit such representativea to interview employees during work- ing hours on the �ob. (�F) Apprentices. Apprenticea will be permitted to work as such only when they are regis$ered, individually, under a bona fide apprenticeship program regiatered with a State apprenticeship agency which is recognized by the Bux�eau Huc.aos� �:-so► . . � , r• �, 5 of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under � progrem registered. with the Bureau of Apprenticeship and Training, United States Depaxtment of Labor. The allowable ratio of apprentices to �ourneymen in any craf't classification shall not be g�eater than �he ratio permitted to the Contractor as to his entire work Porce uuder the registered program. A.r�pr employee listed on a payroll at aa apprentice wage rate, who is not registered a� above, shall be paid the wage rate determined by the Secretary of Labor for the classifica- tion of work he actually performed. The Corrtractor or subcontractor will be required to furnish to the Contracting Officer written evidence of the regietration of hie program and apprentices as well as oP the appropriate ratios and wage rates, for �he axea of construction prior to using ar�y apprenticea on the contract work. (5) C liance with C eland Re ations 2 CFR Part 3 . The Contractor �ha co�ply with the Copeland Regula.tions 29 CFR Part 3) of the Seeretary of Labor which are herein incorporated by reference. (6) 8ubcontracts. The Contractor will insert in any subcontracts the clauses contained in 29 c�'x 5.5(a)(1) through (5) and (7) and such other clauses as IiUD may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in ar�y lawer tier sub- contre,cts which they msy enter into, together with a clause requiring this insertion in at�y further subcontracts that may in turn be made. (7) Contract termination; debaxment. A breach of clauses (1) through (6) mey be grounda Por termination of the contract, an�d for debaxment as pro- vided in 29 CFR 5.6. 5. CONTRACT WORK HOURS STANI�ARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for ar�}r part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit ar�}r laborer or mechanic in at�y workweek in which he is em�loyed on such work to work in excess of eight houra in ar�y calendax day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half timea his basic rate of pay for a11 hours worked in excess of eight hovra in ar�r calendax day or in excess of forty hours in such workweek, as the case ma,y be. (2) Violation• liabilit for un aid w es• li uidated d es. In the event of ar�y violation of the clause set forth in subpaxagraph 1 , the Con- tractor and any subcontractor responsible therefor shall be liable to ar�}r affected emplayee for his unpaid wages. In addition, such Contractor a.nd sub- contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District Huoaoa� �:-eo� 4 ` , s M � � � 6 . or to auch territory), for liquidated. damagea. Such liquidated damages sha11 be computed with respect to each individual le,borer or mechanic employed. in violation of the clause set forth in subpaxagraph (1) in the sum of $10 for each calendeGr de�y on which such emplayee was required or p�rmitted to work in exceea of eight haurs or in exce8s of the stand�d workweek of forty hours without paym�ent of the overtiaae wages required by the clause set forth in sub- pexagraph (1). (3) Withholding for unpaid wages and liquidated dautiages. HUD may with- hold or cause to be witYlheld, from a.t�y moneys peye,ble on account of work per- formed by the Contractor or eubcontractor, su�h si�ms as may a,dministratively be determined. to be necessary to satisfy ar,�t liabilities of such Contractor or subcontra.ctor for unpaid wages and liquidated fleimages as provided in the clause set forth in subpaxagraph (2). (�+) 9ubcontracts. The Contractor shall inaert iri ar�y subcontracts the clauaea se�o �n eubpaxagraphs (1), (2), an�d (3) of this paxagraph anc�. also � clause requiring the subcontractors to include these clauses in a,r�r lower tier aubcoritra,eta which they ma�y enter into, together with a clause requiring this insertion in ex�yr flirther subcorrtracts that,may in turn be made. , NUDa0s1 �:—�o, Hc%wa.�.,D. c. 236133—P