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255645 OR161MA�-TO CITY CL6RK 6 • CITY OF ST. PAUL cour,c�� 5�s45 ` OFFICE OF THE CITY CLERK F��E NO. COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMk115510NE ATE RESOLVED� Tha. the Ma.yor, Director of Model Cities Department, City Clerk and City Comptroller are hereby authorized and directed to execute on beha.lf of the City of Saint Paul Ag,reement between . the City of Saint Paul, acting through its Model Cities Department, and the St. Paul Association for Retarded Children, Inc. , a copy nf said Agreement being attached hereto and incorporated herein by reference. �oR vE�: t ratio Counse! SEP 919�1 COUNCILMEN Adopted by the Counci� 19— Yeas Nay� Butler 919T1 ��;g• rove SEp 19` Levine Favor Meredith Sprafka , yor A gainst Tedesco Mr. Preaident, McCarty SEP 1 Y 1971 PUBLISHED � , • . � ' �� :'� �, ;: l? i; . 'I' F � � ..,' , .' '� ' ' _t �` _ .. lii�_�� ,-!,�:, r ..'�1 '.�:\.. ,; . :<�� .!(.. i_';.�).�l �7�i:'.(i .'.f'1LO 1_1.7..).S �!�.Y UJ_ � 1_� �.� ��' •`irt� {_t_l�';'.:f':11. 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C?:' ;�" �? ::i21n i,'1_,1. _,.t=i _i�. c� , � +� �.. �7 � ��,� .i_:_i `' �,.` y a-i-1 (' � T-�` � .J, n �.1,: �.�; �- .�.� �_�. �, _i ��v� _t. -i� �. �� a_..,r��t, r.�.� ��i -2 ��.;_ ,- . ;\7( �.7 ��,F�F `� -,��n �;, ,� �,.�� •�-��,7��, �-�i-,-��-,�:.\F� �,1�, p\1i. ��, �r r�-.« '/� );, < _� �.�. ,:�L�,, T1�� GD __ C,.� � S La� . ��1�,_:.� ,�_.� 1�1'; 1.,..,i:ux . :�,., �•SE.'.`I'Ut�LI_:�' •1;.�i:i;l? AS I��UL�,G�vS ; �`. �COj7L' O� �E?:CT.�1C�E.'S a ��.+"lt� �1-��..7]C.yr ::=i?c.�i � �:�:I_'t.:!�j_1� i=i�.C? �"l�iti"11.i_."'�",•° ��tZ:�.j. �: --S:L�� `'iOCiF?.�. ?`rE]-€ii��>,`1°1"IUC,C'ly 7_i"1 ci Sc`3.�1Sj.�).Ci�Oi`�%" ��7_"l.Ci j.��'�l:�'�7_' r;�'�"1T?e_'.[. ct^ G�.:1:t3�"!?��71C'_�" �.).Y T��1��del C:i�:.i�S ll'=��c3.7"�IrC�f�i� �1.T1C� UI1C?H�" �i:C- Ci7_-! (:�:.�_O"�i. r . . . . . . i� � , ot: t.,�i.e i�1od��J_ C:i�..:,_c_s Dep��i�.rnez�t, p�r�oi°n� 1�11{�s� �.ctitia_r_:� <<,s s��t: �_ai�i.�� !_i1 L�.lt' ��.�t�.C11�C� I�c';2�: .l._[ c:i1lG Srl�.�_ I_ l7i'1':1�0T'TT? �.��.E'_ a r L:i��i_��±.c�s L:':'L L�"l:t'13. t;.�'t.�^ �:1_ii7..�'.�Cc1.0 1_c' S r=t f O l't]"1 1T1. ��c'z i� �.�. « I3o 1?ur�;i°�;i�� (1) The .!��;�n.cy shal?_ cc�irnenc� ��C-'.I":EOYP.I`d1�C�: O� i?zis .cc�nt�=.�:�cc� o�� i�l��e d�t� oi _g 19 , a�c�. s��ai_:l con�i>i�te pe�:C�r�,�.-An�c��a �7�ai.��r i=h:�.Er.i��'tI-;e .�.Q��. day °f ��...� _,..�._.___a y 19�� , . (2) �t is e;;�ressZy �ridersi�ood u�zd ��Ur�ecl tha� :i_�,. no eveni� ��7i7_� tl-�e i.otal ��rac�i,n'� ta bc� paid '>y� t�i,.e ��S�dul Cii�ies Dc�r:ar�.ii�c.��f� �o L-hu �Age�ic.y� ur?cj�?� "liis �`�&r_een��.�ii� eacced tlie sum o�� ; 41.� l05 a u�J :�or ��17.1. und comple�e satisfacti�xv pe.rios-ii�::�;-�cc �?n accordr,.��c� ��:itl.z Ll�i� budgei� att�c.�7.�d ��o t�l�i� C��,�rc�emen.� in Pa�-t� i T q �?��ci 111 no evcizi� J^ r i sh.al.l ext:,eE�d i.h� ��r,av.a.li� o.�_ I'ed�ra't. �ur�o.; recci�Tcd b;, Alocie� C:i.t:a_es ll-�p,��-�inent� �ra�ri t��c ]��:3��i:c�.r��rit �� Housin�; and Url.�an lle�cl_op�nez.L (lit;D; f oz� ��hi.s ��-c�j�ct ��ux�s��ant i.. i' -� . � � � tC) � �_�' li�),';' E �` i_j_ o t� � , �t � .. � • : ��;�� l:�ca_� � �� - �.1.c �s.�vc F�:i_.rst� Yc��.r. t�c ��oi T'1_�,� , ; T �_ ,, ' ' . -�� .Z �.s .��;i��r, c:d 1_�y .11�l�. , . . . . -�, i , - 3 1� 1 I �.1 r �.�� I��c�� ,,t� • n�>��„��; �I �-- - � .> >a 1_1_ r«.�l:e e;�pc�.�cii i.._c�� ac� v� ci.i „�,_ ��} ti�c� i:i FZC :�' �.i�,s a,> ;et Fox-t17 1T'. � �.1C' C��:�'ci.C:i_1�.;� 1�?i.C�� -� c ' -c . ,��, ti:l_1 pro�.o �� : ��<��:: a�t�,� �vo tl�� 13�JU`;C L I:"Iil�� e'. sl�.•U_;11 i G�Q�. �G �)."ln 1�i0u� J C:i_t�.e�� D;�J�a�tm�,»t: �OZ' �.C'V:LC:.1G� � , c`3 !-�i��E:i! I�=?C� c3.i11:-:iiCt �. }�'�t�i �:� , ��S� -.: iC� > � < C.t. �_'[I"1_ 7_l,.C:1LS C•dJ �=170'i1� 1�:ocic�J C'.Lt:ie:� 1)e��.�t-, �,�.t ` ., �ar� ttei: �p��rovul unc�er t��"1C'_ �C.i. �.O1';'.L'I.i� G�_I:C;l'_.i;`_�� `ci?iGc..'S . �� _ � i) `L�i�� e��isiari os a linc i�.��r,i c�t��s not, col�� st�i.i�-�}'=:c �� sti.bstant.i_��:L c:ia��U� in Pf-��g�-am oLject;_t�ess �,��d ii) Th.e rcc.-a_sion o� ` �:�nc itc.�l doc�s not can- st:ii�ut.c �z ch<<;z�e o� rrior� ti��:.i 10°,� of. the line it.em or ;�`% of ti�e tot�� Bucig�t.. b) �gency rna�= arr�enci the �udgct a� follot,�s onl�T upo�-� t.l;.e prior �,-?"':I_LtC-_Il ap,�roval o:� thF� �iodel Cit:ies D�parLm�nL' s D1T�CtQ]:'� � i) Th� re��isian doe, noi, cons�.�tiat.e a s>>?,�sta,�t.ia�.. changc in j)z'O��"�£�iil ovject�i�re�,; and th� tr_ansi��- . O� Oil.;3 �_1:l-C 1i�C'_ii_ �:U ��110�?ii?i 1.7.T1C� 1'l=Ci�i CiOc"':� I.O� � constitu�e a cl�angc� oi nlorc than 15;�. of �l.�e li��e ii�ei��l or 10% oi the toi�al approved 13udgct� ii) The revi_s:�on o�' a .l.iize item const:ii�uLes a change of rnor� i�han 10"/� af t.he line item or_ more than 5% of the tota:� Iiudgei�. c) The foJ.l..o�ai.rz€; amendments reqtri_re a Coni_ract arr�enciment and ��rit�en approva.l of i�he Tfod�l Neighborhood P7_anizir��; Council and the Saint Pau1 Ca_ty Council: i) The proposc,d r��rision constitl.zi�es a substantial chan�;e in the pi•o�z-arn objectives, Lhc� scope of scrvices set forth i1z this E'��-r-e�m4nt ai�.d/or the wa-r_l: p.rograms or :ii) Any chan;� w]h.ich �aoulu c��se ti.1c Go i:.a:t a.moun� of tl��e Fu:lbet to be excced�d ; or iii) The transSer_ f�_o�r� c�ne line �tem t.� �2rtoL�h.rr line item �,rould constitute � cha.nge of tnor_E� �nan 15% of tl-ie line itcrn o-r rnare tl:a:.� 1C�% of i:hc� total Budget� 2. � � . ,, . , . (iv) Trie c'�a;:`;cs :i_n ;r�?.�-�,�_c�1 1ac�it�i_on of �zpproved n2'O��C1: [7C)LLLCI ]'i:Si:�:':i_C'i:: i=.�i.�? 1?�:ia:'i:1Cl��.t:i_OT1 O1 T'1OC�E'_� I�C:i1o�"l�)01i�.00:� L"F.:S1Ci('ll'l:S . (4) S1-�bject to t;l,e ��ec�i��t af_- ft�.n_�s from �he_ L1�-�ii�ed SLaces D��I��:z.°t�rnent. of l�ousi.iz� �.,-,:3 Uib��n D��vc:Lopn:ci�t.� tl�e Mo;le:? Cic:i_es Dep,^r_tu,c:,��t. sl��wl._� i:�:,_l:�_ p�z;T;n<_r,t. u��:�er t1�:is , Co�:��.r�1c�: _i_7i t:��e �al)_c;��;:i�;�; rn�rn,er� . 11.e ��,�c��,��7 si;�_.11_ 1;i-��,�i�r to l��oc7.c"1 Ci_.i.i_c,s D�p��f�n-.�nt. r�11 :L��i � � 1.t=��: -t::=;�1�1`;.i_L]_O;:i 1G1" �it10T'L�;..).�' � ��'3}.�XX?�X?�}� � L'C'1tP.°° burse�n;�nt.� :in ioii:� «pp:�-oved. by i:�iocael Cii�ies Del;a-r_t:<<Z��zt ancl i�h� C�_t�� Co�:��p��-rollez°. Reyuz_s:it:icizs sl�a��11 sc,i� fortli the r_ dispos:it::ic�ii oa. amounts s��elzt dt�.-r_irxg tl;.G pr°ececlii�� (��oiith) � c�¢�� ogctlzcr_ �ai_�7�� an e.st:�.r�:�te af c:>;l�enses te be in� cu�-r_ed cl�,.ri��` thc� ne�.t� su.ccc,c:iin� (rnoilth) (��x) y �171.ti1 refe�-�nce to cxp.;,se. categor.i�s as s�t fort.n i_n the attach�c� Bu.ci�et :in�,oxpol�ated ��-i_.�hir� Part 1_T � 1�1o:.3el Cities Dcpari:r*.�cn�� =i.�_1 tnul:e Pa_yrr!ent i�o the l�.g��i�.cy �-�itl�iin 30 da��s afi�er rece�_p� of th.e -reqv.i_s;t:ioi�9 aftc�r 1��vizzg a.evic�a�d and appr_ov�c� i�he r_�c�u.i_sii�ion.. Requis�_ta_or�s sl:a.11 i�zclu:�e tl-�c follu�-,�iilg cate�;or3_�s : (a) Personnel (�c��es , fra_nge venef:�i�s) (b) Consultants (c) Space :c�ei�.ta1. � (c3) Tr_at-el � (e) Consurnal:�1� supplies � (f) Tquipinent•-xc�ntal, 1_ease (g) Ot�her costs . (5) The Age1�.cST s'.a11 c:�.i.n+�ai_n velificat�ion for a11 e�:� penditures i��.clud7_ng9 Lut not lirr2ited to, time sh�ets, invaices and recei2�ts, and shall lceep and reL-ain such � documentat.ion �or tl�e p�_riod of tim� that� is requ�_red to main�ain its xecoxds h�reunder. (6) No requisitions shall be filled ii', at the time it is made, the l�gency 11as more than 4% of the tai�al Model Cities llepartme�lt funds allacated under this Agreement on deposit in its deposi.tor�T. C. Independent Contractor: For the purPose of this Agreement, Lhe Agency sh�a 11 be deemed to be an �_ndependerit. contraci�or, and not an employee oi the Cz�y. Any ar_d a11 employces af the Agency or 3. � , . . 7 . � r o�- o�hca- pei�sons � �<;l�.i_1_e �n�;�;.t;ea a.�z �l-ie L,��_:�arr :;.;�ice o� �7�y t;�oi-�. ox _ . 7• i ` ^�_ �� r � -�ii .�„ ' L �. .. _ f�,� C�1;� - sc�-� i_c�s ��ec;��:�.�_,�c_ l�y t.h-�. ��,f,��cy tr�_: c:_ i�1�1_s �,"�_c.c:r.;�__lzt, ._�._.�7_1 r,ot be co1�5:� d;�.red ern��1_oycE�s o:� tlze Ca_i:�� , a;,�.d a_;ry ��rid ��7_7_ cl��.ims that ITIxZ�'. C2' 'il� f;�21�. <;.1:1_S�� lll�'l�'�" �=�1C �!Q"L"��L'C:� S 3 �;0��.)^;.;�'�:1�7_011 /�Cf� O� � r'11.Iiltr'Svi��l. iil.i ��[:i�.<-'.1_� U:f S�"�..LU Ci�'��.0) ��i.:ti O1: O'l:}�t::Y' �C_'��'011S �'�'1')..1_�.C� SQ Cil�t,�1�;CC� ; �?C3�1�7-��`; I._._ZLIt_�_GTi i.?";.,�?11J`�:�.f,Ce'_ CO\?(�::�_'�l€i'_.> ; �OC1.c`3..1 �it�CU.l=7_t:.�' u.T1Ci PE'_i7`7J_C11 l) .t!?::�"I��S �?.7�C�. �C:'71�� !_.LLSy ��.}�_C'T CPij�.� O:��c:C' O>>.�.1€;�±.1�:lOI"1S �3T�� )�'tlf.� - 1.LC�-c; s o r� n -•,• �� ,I.�. �G� . .U:� �T �� ' � �. . �T `�...ci i�. L��f�'" u i),.i c;)1, �JJ.,�!. c.: ci 7_Tll t; i11.=i � �� c,.,). t.�.1:�.7'CI �c 1"I:_ � C�t1�7.GC' O� 'r:1�j' <s.C� Oi Cii�:1 �S_i_GTl Ot1 i.l".E� 1=�z�7'� O� � i^r� 1 `�C-7"IC�%, �11� eini�lo3-cc��< o� c��-)�cr P._ � �. �. � � � i on� t•,�n�_ 1� sc ei��,�� i c�� rzny of �he ��aorl: or seJ_vices i�o bc rencieLedS s1��;11 i�i r.�o wc-�y�l�e tlz� oi�ligai-.i_o-,., o?� resl»n:>i.bi�i�� o� �lie Ca_t�y. Tl��.e Agenc�T s;�al1 L�ay as thcy b`cor�e due a1J_ just claa_��; for ��,ork, too1� , mach:�,-ier�T� s?ci11, rr��crials, ins�_iral�c� Pr_e.i�ii:.�rs , equ�_}�lr��izi. and su�nJ_ies f_urnisl�ed, �°endered or per..i�oiniec; ir� i�1..-�e cxecut�ion oi this l��rec��:it� D. No nisc.r:i..rnin�t;ion4 Th� Agcnc�T s].�a11 be cieemed a contr�ctor r� ,_�._._.___..,.._,�...�,.- for_ th� ap}�Ti_�_cai.loii oJ_ a1.J_ provis:i_atZS h�r�of and 1_u��?s aga:i_nst un-- Ia�c�iiil diUcrimi_LiaLion on accou�zt of r��cey creed, sexf age, or coloi: her_�undei-. The Age;�.cy agrees :in acc:orda�i�t.e �s•az_th Cl�..pt,�r 23�� La�as of. i�l�.e Sta#�e o� T�iinnesota for 1941s that in the hirs_ng of commoiZ or s].c:i_11.ed 1ai�o�- i or. t.hc� Perfo�_�r�nce of anjr c,Torl: t?nder Lh:i_s Contr�zct or any su�?�,.ont�-L ct her_cur.cic:-; zlo cc�t�act��-, rr:��c=:ri a1 suPp)_:it�,-; or ver.ic'c:c sha27_, by reason oL race, cieed or col.or, di��cr�iminate a€;air�st any person �,-ho is a cii�iz�n of tl�e Unit.ed States ��ho i_s qtlalif_i.ed and available Lo per.form tlze �aork to ��7hich such employmen� relates � i.hat no conLr�.cto�.,, material suppli.er or ve��dor under this Cozzt�-ac� shall in az�y manner discriminate a�ainst., or intimida_t�e, or ��rev�zzt the employmexz� of any persons or on being h1:LE..'CI9 preven�, or con� s�ire to pre�Teni�g any person from tl�e pex�oit?�rLce of �aork under tl�ais Con�Lract on account of ruc�s creed or coJ_or; and thai� i:his Co�.�traci� may Ue cancelled o-r terminate�i Uy the City, and a11 money due or to Uecome due l�iexe�u.nder_ shal]_ be forfei�ed f.nr a sccol-�d or any s`uUsequent violation of the tezms or condii�ions of this Contraci�. This Coi�tract� is subject to Title VI oi' th� Civil Rights Act of 1964 (P. L. 88-352. arproved July 2, 196��) and the rules and regulations (24 CFI.:p Subtitle A, Par� 1) ,. issued by the I-�ousing an.d Home Finance Agency pursuant thereto. E. Indemnif-ication: It is furt�l�er agreed that the l�gency sha11 defen aiid save t�ie City of Sa:i�.z�. Paul IZarml�ss from any claims , demands, actions or causes o£ action arising out of any n�gligent. act or out of any negligent om�_ssion on the part of- the Agency, its agents, servants, or employces in tl�e per_formance of- or with rel.ation to any of the work or ser��ices provi_ded to be per- formed or furnished Uy �he Agency undcr the terrns of Lhis tlgreem�nt. 4. , � • . , . , I''. RC::SIC1C'i1t� I:i�?��.�.C��.!c'T�:= ci.l�;:.l �-`.': :� 1" _ !;:" 1`.�C.'i71.' 1 1"'.?i:li�lll:S : SE'Ct7.C�1.7 ._1 103(a) o� �li� l:�:�r,,,,��str�:�t�.��ri( i� � : _ :.,;> > � ;_ � � ct��_:�'t.��li.. .�;��vc:].c;�;...c��Zt Act of 196G rcc�u:�x�es � 1,�:,t �� c o.��1�� f,�_�i�< � �, c c:i.t�� dc,ro��st.i��+i_ori ��ro- �� ,,. � g�arn pr.ov.i_de -'� �a�.i_mur�� o��;»r��,�'zt�ies �_or� en�i,>J_c�tiri.n�; res:i_der�ts O� t}"LC �'lr'C'cl. 1T1 ��11_ ��klc'�SL'S U1:= t:�:li_'. i�7:0�"L"��Iil ��1-1_� C"1"11.:1 t �i:U. Oj�i�07'j�t?.1�.1�]..C'� t r t r�� , for C�,,o�l: aizd trairiir�� n� tl,at :�t „ , ti�;.I;c� ir_z:�kecl �pi_o;;�-e;�s iri reduci_n� .. ;: , underc-�.i��►_o��mcnt ��nd r�7lforc�.�cl a_cil.enes:� %; „ ,-, " In tJ.ze Pczfoi-r.�a�:�cc, of th:�s !'��;rec�rne�;�.i� , the A`cr,c:y ,}.�al). camp.ly �,�itl� 27_]_ r.cq�lirc� ��>>��s of I�UD p;ri��zi_;�i :�_, i,.o _�t��s �;ei��.�ra7_ ��a)_:i_c�r or, enll7oy��,cl_�t �:-rad c�•�-.:i.�zir�� of ?��oc�e:1 i�;.._i €,1L`�c�-�lioo;l �-es:i�dc.rii:; �ii ��11 ]ObS �Gi7i'"i�l��_C'1 ii\T 1:�").:LS n�1"Ei'_iit�'t1�:. �'�":�� l:l."?��' �;ll��i?i:�S�..011 "!""Cq1117"Li11C'71�5 for th� impl_en�c��t,�tio,-z of L�Iiis pol_��c}% s as s�i� £�rtli in I-ILD I-Iandbaol: MC 3]_6U. �., I�1odc1 :ities Emp1o�=ir��zii:� ai�d Tr�:t�.n:i_nU Requ.ir�tnents (CllA Letter No. 11_) . � Agency slz�]_7_ 3_ncl,Ude these provi.sions de�..l.ing �vith Res�_dent Emp7_oyrrer�L in a:ll oi its operata_rig s�.bcorita°acts . Agency agrec s to com�ply wa_th the EmPla��r��ent ai�cl Txail:zin� �c�1s set forth in 1�lie Saint Pat�1 hiodel C:it:�es I:es3_dent Z�nployri�er�t and Training Plan, as set farLh in P��rt Il hereo�. t,lithin 34 day7s afte�- t�ie e�:ecut:i_on of t�llis �.�i°ec�inc�,_�t, C�enc}T �h.a7_I su.b�:n t�or approval un er.lployr��ent plan i�oget;ze?° �oi�i�iz :�1�t(:.7_;L:1_C e�np7_o}r��,en.t and trail�ing goa].s �or ttle impl.e,:nentati.on �f i:h7_s pal.i.cy. In the execution of such plan t11e A�ei�.cy m�tl�t cler�tiorasi�2ate r��,�rlccd Pr.agress towa-rd specif-ic goals in e��ch succeec!_}ng L�i�,asc� of L]:ic� pl-ograrn. - A11 posi�.ions generated by this pro j ect and A�;rcernent anc� a11_ positions b�coming vac��.nt sha11 be f�_i1c,d. by Agency by ?�1od�l Neighuarhood r�sidE��zi.s . A11 such positions o:f ��;�ployrnent shaJ.1 be listed taith the Modet Neighborhood L��iployment� Centc�r. Only re� ferra�.s i�rom the I�?odel IicighLorhaod �rr�plcyment Cent=er sha11 Le acc�pted for employment by tlze Agency. Agenc�T sr.a11 not n�.ke any excep�ion to these provisions un7_ess the �lgency is granted a waiver by th.� T�iadel CzL:ies Special Revie��T Board. If the E��encyT desi-res such �aaiver, it sl�all make written request the�°��or to the T�odel Cities Special Review Board and sha11 seL- f_oxth the fo�I.o>>>ing inform�.tion: 1. Reasons for th.e need to deviate from the resident employment reqt?irement. 2. Recomm�ndaL-ion. and alterizai�ives as to how such positions should be filled. Upon entering into this Agreement, Agency sha11 submit, in writing, a listing of avai:l.aUle joUs �,rit�i a job� description arid 5. .�' sal�iry �-ange f-or ea.ch. Pasi�.:i.rn. T?;�.c1; job descxi�i�_i.o1z sha]_1 cont�za_i�. a dc�.f-:in:i_t=ion of t11e pc,s:�i�.�ons e�.,�;�<<;�:I.es o�. di�i:ies and r�:i�i�im�,�in qti:al- ific�lt:=cns foi t�l�e posi.��i_on. ,�ob dc�scii}?tions are sulije.ct t�o r�v:i_e�a arid al�j�a-or��.l oi: i�?zG I�iod�7_ C:i.��-i�s ]�;:j��r..tn.e��t. ��'i_thi.n t;l��_rL}T ('G) c3ay� af�.e�:7� c�x�cut:ion of this !�greemei:�t.; A��nc}T sl��l_1_ d�t�elon foa� xe�Tie�;� �:��;d a}.�;�rc�T�z.l a sPeci:i:ic px•�gr,�tn i:o up�r�te c:.1i�;�.b7-es T?��:er�t�?.a:�_ a_l�d :i.?��e:re��tc_��J employe�s in c_ac].� para-- p�-ofe��:ior��. 1 =)ob cl��.�;�: , . i • , , . _ � si��Z:11 be cl_��>i,�;n�>d , �,_�_f �c��.,��_on� [}�-�s t�;�>E,�`�:d:i.l:�:� �� to le�j_d to g� c��tc�� r_cspor� i,��_1i.t,� or iu�►_i_ prof��ssior:��:1. status , �?nd those etnployees so upgracleci sha11 be retaizled in pr_ofessional le�Tal positions as such positi�ns bc�come ava�:LaLle throu�h staff tu:��z° over, expa�zs:i.on o-r n��<r ��iogxam de�Te�op.l:e��t� . T'he tra�_n�_r�b pi�ocedures will_ be desi gr�ed to re,nove ic�e�zti.�ied imp�diine�zts i�o hirir�g and upgrading of disadvantaged Mociel }�c�i�h�orhood resici�ni.s and provid� them �vith occt�Pa.tional mobility t}�.roug}.z sen:�oiii�y, ir.ite-r�.gei�cy transfer agrecment.s, civ:i 1 ser�Ti_ct� stut�i�� union. membership or oth.er prerequ:is�_tes to such mobi7_i�y. Agency shall show rio��7 it plans i�o remo�Te o:c eas�, si�;nifica�zt: merit sys��m �_mpedimeni�s to the em}�1oy:neizt of disadvantag�d I�:ociel �eighborhood residents :iri such �-�la�,�ed j obs . . Ag�ncy shall designate a staff inemb�r as Traini_ng az�d Deve?op� ment Oi:Eicer to be respansible fo-r develor�rent oi train.ing p:ro�;-a.ms and...c�,�.lc>yabi 7_:i_t�T cieve lopmc�i�t p7_a7is i'o�� al1 employees . An LTnploy- ability Developnl�nt P�an in writiz;g sha11 be d�velcp�d �,�ith each emplo_yce using behavior.a.l.1y defined objectives . �Jithin thixty (:s0) days after ex�cution of i�his Agrecr�ent, Agency sha11 submit to i�l1e Mode1 Cities Department g-rievance proceduxc�s to be follo�aed by the Agency and available to its employeesn G� Terms ar�d Conditions ; Agency sh.ali be subj�ct to a�zd sha11 corrip y �,�ii��a .T`C�term,s and conci�_tions as set forth in tlie attached Part II . Agency sriall include similar terms and conditions in al1 of its contracLS ��aith other agencies in the per�ormalzce of this Agreement. H. �Su�l_ementaryT Condi_tions : This Agr_eement incorporates the "ModeZ�it�es�Tmin si�ra�ion Supplementary Conditions for Contracts with Operating Agencies and Contractors", HUD-7050 (2-69) whic:h is part o� the attached Part II . �1hen the term "City" is used therein, it sizall mean "Model Cities Department". The Stipplementary General Conditions sha11 be incorporated in al1 con- tracts bet�,��een Agency and its coni�ractars. b. I . �`�:31P11� LS�I cli. i \ C'_ J ��)G2 `�i f�� i .•'1" t�_ :' ��.�}").lS �ST)" � --..— n.._. " CC-'1.;1C71t 1.7�CJ C'rUT'^ a�F_'S t11n �1�10��..�. ��1t1C'�' i1Ci- �l]_::t Sl � �� f C�t7 L�i'D�I" Stc1T1C��ItC�S Provis:i o�n" - I�UI�•-7051 (Z�G9) s �1�h_�c1�i �_s ��z.1_ of i:n.�� a�.tacl�ed Pa:c°+; lI . j��f��-re �, �� he t�cr?I� Ci�y is used th.erc:ing it� sila7_:l ,r:.ean "I9oclel CiLies �r� n -. �r Depar�,m�,r.�t 5 anci ��,-h.ea~e the i�err� C,oni_r�{cLoa- apr��ars tlze�°e:i��, it sha1.1 2��eari "lj�;e;�cy"< Th�;e L�.1.��.�- SL«iz�?a��ds sli<�.1_1 be incorporateci in a.11 con+v:�acL�, bei�;,�ec, tl�e A�r�:c�� and :i_�.s contructo-r_s . J . Reco� -�s Re;�c� i=s anc� Inf�� r>>�i��_on e The A�ency s}�a7_1 be r'G'SI�U"t1;>7.b.�C�l �)i ..6� ��P Ri 'J_i?.� E_ �_tY'Cc' Ci� �_'�'C.vi�i.�, �_'1C� ,�CCC11ritSy lI�G.�1�C27.7"1� �"I_'U�)Li'1:�ry 1>�1 ��)1.�71G_�_ a,1�i 11I73iZ� 1;'t�. !�COri�S �'CCC�"t:l�lt.0 1�0 �l.SS1iLE? cl prope�° Zcco-unti.i,� tor a1�_ pra�i�ct iur�cis, F:�deral al�d/o-r_ non- Fed�r.alo Thes� recores �;�i:L�l l�e rl�.�d_, avai1_ab�i� Lor auclit to repre- sentu�ives of tlz� T1ode1 . C�_t1.es D`L;artm��tg i�hc� Unitccl States � Depa.ztm�nt of I-Iousing and Urban L'c��clol;,n�ritr t.l�ie Co;np!�roller Gena er�:l of t�ie Un:ited St�ates or any authori��d repiesentatives oi any or al1 of thesc, a�enciess ,�nd ;��_1�� b4 retained for chre� years after Lh.e expix��tion of this Cont;r_act unle�s „Iritte� P��rm:issio��. i.s given for �h��_r dest.ruct�_on by Tiociel Ci�ies D;partM�i�� and t��e Se�retary of Lh� lin�i te�� SL-at�es D�>pa�-trn`nt of Ilousing and Urban D2��e lop�-�en.L- . A`;ency sh��ll furnisi�. such s�4j.Le,n��,�us� r_�.cords� :re�orts an��. infox�n-�t.io�� as is cal�ed �or in th.e I�cc�el Citi�s ��T�artm�nt datv:�, renol"i.111b pac'K��, whicll is incorper.ated l�erein by reie.rence a�zcJ ITt�Cj4 F� P�.x'r �1C7°r_':Qfs a11C1 r.�i.;.h_ U�l.-?c?1 fOZ'i:?S <1S iTt:l)T :fi0?11 `,�ltit� t0 ;�.iiTi@ be x�quired of th� �1gen�.y b�T the D�p�r�meizt of Housing an;l Uiban D�velopn��zt an�1/or ��To�e1 Czties Dzp��rtm`nt. K. The Agency shall provid� in.formatioiz to the I�1o�.e1 Cities Department for purposes of e�r�.lt�at�io�Z and coni:��:uo�zs plan.ning ° pu��uarit to ��. monthly r_eporting system. Th:i_s reportz�.zg system shall include : a Output Aleasure P.e�ort (monthly) b autput Measure Report I�'arrative Report (moni�hly) c Agency Statement (monthly) d Parti.cipant �eneficiaries Report (monthly) e Project Work Program (mont�izly) f Budget and Output Measure Forecasts (monthly). , g Narrative Report (monthly) L. Work Pr�o�r�am��: Within one month following the executzon of this Agreement-;tTe Agency shaZl submit to the Model Cii:ies Depari:ment, for its approval, a Worlc Yrograrr� setting forth how the ' Agency will implement the scope of services as set forth in this Agreement, and including the fol.l��aing. (a) Job Description for each staff position 7. . � � (b) Timetubl_e fo�µ h:i_rin� �ta��f (c) D�taiJ_ed cl�sc,-��pt:�on of 1�h.e tasl:�s to be ui�der�alcei� (d) A1etl�ods by �•�]:�:ic�z thc succ.essfu7_ coi�lplc,t�io�� oL these t�slcs wi_.l_1 b�: achievecl (�} Ti_mei�aule f_or such compl.e�i_on. . IN jdlTi�l�SS ti��1�i�,�ZEOF's Tlze pari�i.es hatT� causel tl�.i.s no�ee�nent i�o l�e e�;ecu�ed the daiT a1�d ye��.r ii.rst abos�e �,�ritte�l� - CI'TY UF SA7 NT PAUT Approved as to Form: MOD1�L, CT'TT_L:S DZPARTi�iEI�T Specia`C�A�ssist�arzt � � 4yo1 Corpor��.tio7z Counsel irecto-r � tipproved as to rarm & E�:ecution: . C i jT C;�c=r�lc _�.._..V.._._.e 5p"ecia. . l�sslstant Corporation Counsel ,� -...__...�.. �lt�y�cm��c:co:Cler In the Presence of: ST. PAUL ASSOCTATTOTd FOR RETARDED CHILDREI?, INC. . By: Its P-resident Its Secretarv APPROVL'D by Coiincil Resolution ' C.F. No. ' Dated: � 8. . , PART II - A SCOPE OF SERVICES PROJECT: AID FOR RETARDEI) CITIZENS AD�lINISTE�2ING AGENCY: SPARC Project: Aid for Retarded CitizEns Definition: Mental ret�rdation as discu�sed herein refer� to persons who are below average general int�llectual iunctionin� which originates during earl� childhaod and is associated with unusual diffi�ulty in learning and relative ineffectiveness in applying what is Iearned to the problems of ordinaxy liviug. At the tzme this defznition tiras dx�cussed, i� was agreed by both agencies (SPARC and St. Pau1 Mode]. Cities) th�t there iU no longer a need to differentiate : between functional and organic meutal retaraation. Item "F" of Purpose ancl Beneficiaries will (in the Mode1 Cities CDP) become Item "C" under the section called Tlie Benefici�ries wi11 be: . Item "C" under Content and �peration will ��ad a.� followss � Establishment of contact with existing public and private social welfare agencies that offer services needed by t he mentally retarded for the purpose of coordinating identification of clients, referra]., and other resources. Among the matty agencies to be incl.uded are: The St. P�ul Bureau of Health, the Ramse9 County Welfare Depsartment, the IIniversity of Minnesota, and especially the Child Develop- ment Frograms of Model Cities and Ramsey Action Program. In the budget, adjust �12,000 local share to $1_500 plus frin.ge as izlkind applied to Executive Director position which will be donated by S P A R C. fihe Administering A�ency shall �v�i.thin thF S/1J Mo3el Meighborhood in a satis- factory and proper manner a� def�ermined b3� the H;odel Cities Department, per- form these activities set forth below: PURPOSE AND OBJECTIVES: The Administering Agency shall perform the services set forth in this scope of services to achieve the following purposes and objectives of this project: : a. To employ methods and techniques used in identifying retarded citizens. b. To identify residents of this cammunity at earlist stage possible, who have problems due to men�al retardation. cs To identif�* within the approximated 660 mentally retarded residents af the Model Nei�hbcirhoad Area �.t l�a�t 50� within the first year. d. To coordinate the se?wices provided by v�rious social welfare agencies, - private and public, which are needsd by the mentally retarded in the Model Neighborhaod. � e. To change and improve the attitudes of parents, associates, and the total community toward the prablem of retardation so that tl� greatest potentials may be developed. f. To seek the assistance of professionals to serve as resource people a.n helping to understand the problem of inental retardat�on. g. To solicit the aid of residents in the community who are sensitive to the needs and desires of those retarded citizens; thereby creating a wholesome team to serve the citiz�ns more adequately. a he To work with each person on an individual level to.discover the cause or causes of his problem��o�� functionally or organic. i. To provide worizshops for the retarded: 1. organic 2. functional.....emotional and environmental �. To insure the comnittee composed of NIlVR, a standing committee to SPARC, " the power to make all policies concerning the Model Neighborhood citizens described as retarded. F�LOYMEdVT.....AID FOR RETARDID CITIZENS �irtployment positions in pro�ect: Program Developer _ Center Director - Teachers � Teachers' Aids , . " .�` P,age 2 Clerical Staff ,--.._ Model Neighborhood Residents should be given fzrst priority in all positions, but if all employees can nat be obtained from this area, all employees should be knowledgeable and sensita.ve to t�e needs and attitudes of the community. The f�llowing positions should be filled by Model Neighborhood Residents only: Program Developer . Center Director Teachers' Aids What criteria will be used in selecting the pragram developer, center director, and teachers? Wo will make the final decisian on the persons to fill above mentioned pusitions? a��.a..� �� , , � 1 PART II - B BUDGET � ?�OTE: Thc�se for.ms are intend�d �o illustrate t�-_e for:n�� f�r the st;andard t°1odF�l Citi.es Operatir�g i�gencj� �udgeto Ydditional it;:;.,s any�.ro��riate to youz• proj��ct should be a.dd.ed to ±he Cost Cat��;or�� sheete 1!=v.Ji�Y`O�Y_'12te items should be deleteda PROGR=:?' :;L��;INISTRA��_, BtiDGET 1 e NAP•;E OF AGEi�1CY ?� BUDGET � A� COST CATEGO�RY ; � B., ESTZr�1ATED COST FOR 1'EAR OF PROCRai�i �, . _._. . _ __ _.. ....._.. . _ ._. . _ _ . . . .:._ . . _ . . _ . .. _.. . . _ ._ . _� ;. + `Nbdel. .Citte � Locai Furdsi. . Tatal (1 ) F�rsonz.el Salaries � s Lm��loy�� Benefits �' Furids Bu�get _- - °-,_., _ _.. ___ _ •--.v._,... __ _ � .�. . _ . _�.__ . .... _ ___e..=_._._... . __._d-��r�Q7 -- --_��-rr1S� •-- - -.._�. -.PL7 t•O�P� (2) Consultar�ts and Coni.rac�; Services ; �_. _r._...-.;�_�. _..�-_._ _._._. _ .._._ .,.., r _.__� • •---- -__._._._.__.,_ . __._._ �_ .-._E1r�Q� -_ _ ___ _°__� _.__._�....._..._-. �_.�j.y.�.nQ ��l �I'2'c�V�l _ _t-- -_ _.. ,7��.____ _ 7S� . ._._._ ��.�_._�_ ____.._.___�. -°°^ .___..._..�-A� . ..._ -- _ ._._ ----- - �.-_ .._ _ _�s_.._ ...__._._._ _ . .... . . _ . ; (4) ,S�ac� ! ..__..___-----_ � .___ .._..-- __ ___.. . ---- -_ _. _ a. _� _.___�__ .._.__ . _ . .�__ . �._3r470-- ..____,__._ _. _ _y_._ _.. . ._3tG70 (�) Consumable Su� li�:.s and Services � � 1 ,935 1y935 (6) Rentaly Leas�, or Purchase oi E�uip,�ent � � �... _ .,'_-"... ,.. .__..._..._.. . . . ..._ .,_ _ . _.. . . _.._ . �. ...__ �-. . ..._Tw.___.__,_. �__.,-,....,.�_L �. ._,.._-_'.___w__.. . _ .._�_f t�C ( .7) Oth�ar ' . _.. ...�._..�.,___ ___. . .. . _ . . _ _ . . . . _ . _.,. . . ___. _. . ._.._ . . _._- - �- - -M..._-_._ _ . -- -_.. . .�_._ .. , . ., . .. .. ._ _ � - - � . . . _._m_._....._ . . - - - - ------- -__ . -- - -.._.._ . . _ . � - .-�....._.___r.._.___ _ _. . . . .. . _ . . . . _ . . . . . . . _ . _-- - . _ .'. . . .. - - - • - - . . . . _ . � .. .r _ . ._ _ . ..._ __._ _ . . TcTr�L ' �3 642 _ $1 ,?$�___ . _ � .. _ �41_,22� :_v__ :��___ .:=- : : . �_ . . .�: . : � _ . . . : � : : ' . �.: � .: - .._ - =_:.. _ = _.__': __.:.:9,.._..:: : _ _ _ _._ � _ . _ . _ � _. ._ . ..--- C� Tlodel C�tics SupplcmentaJ_ llzr��as � 7 r -�--- _�-._._.....-..._.._..._ . .-'.- � - -- .. ✓ 9 � '' .... _ . _... ....._ _ . . . _..__. _ _..... . . . . . . . _ . . _ � . ... _ . . . . � �. . . _ : . � �9 ._ -+ Do �thcr ' � • , � BUT��,ET LINE (1 ) � P�:rsennel Title of Position Salar� Local Project; Coordina.tor �610,500 Program DeveloFer 8,000 Stenographer 5,100 Execatiee Direc�or '!C�'� of tir�s 1,5�0 TOT.�T $23,600 Salaries Em��lo,yees Btn�fits Wo.rY.t�en� CompeSasatian 57 Haspitali.zation & P'edic:a.l {SC�i� Emplo3�er'� Share) 576 F.I.C�;Q (4.8� of fir�� 7,��) 1,274 $1 Total T�i�7e I�i;er._ $25s5�7 $1 �581 BUDGET LI�TE (2) Cor�sultant and Contract Services �Iee�iAga and Gonferef�ce 800 Accountiiig arid Auditing Service 1,000 Therapeutic i� D�a�,rnast�.t� Gon�u�tation (200 hrs. � $20/hr. 4,000 Maintenance Ser�*ices (�75/mo. 400 ' Tota1 Gonts�a.ci: Services �6,200 BUDGET LINE (�) Travel Staff Travel Conicrence and Me�::ting Expense Employee Mileage Reimburser�ent (�v0'75 per mil.e) Local �.ravel 'i00 wk @ 10� mile - 520 Parking �5•QO - 260 Tatal - 780 li BUDGFT LINE (4) S ace _..L?e__ Rental of Off�.ce Snace (�pp ;;q� ft. � �324/sq� f�.) '1,95p Utiliti�s • (�3p/mo.) 360 Telephone (two linee� - three statior�.s � �6�/mo.) 7� Building Rcpair Janitor.%al Service (See Consult�,nt and Co2��tr�c� Sex•��.cc>.$) Maintenance Supplies and Equipmunt ��.;�n,�,;�� 2� Insur�nce r �..4r� Total �,_�`,,.�� . , .I ; BUDC�T z.INE (5) � _Gdr�sumabl� S�pli,es and Servi�ers " � Office Supploes an� riincell�n,:c�.�.s � gzp Postage ($?0�'mo.) � . . .24t3 - Main�er�ance �nd Re�ai.r of Office Equi.�ent • � . . Pr�inting, D��.plica�ing, and Bindir� _ . . - . 625 BQOks and Pub.tications . _ '�0 - Tota). linE item ._ � > �,935 BUDGET LIT�E (6) Rentai,�Lease or Purchase of Eq_u�pment Typewriters 35� File Cabinets Desks and Office Cha�rs 1,40G Total 1,75� :� . PART II - C TIMETABI�E l. First 3C) days - a. Organization and adoption of working policies of the committee of residents. b. Establishment of working relationships with Model Cities z.nd other public and private agencies. � G. Ini�ia�ion of intensive study of Model Cities area to identify and classify problems both of or�anic and � functional r�etarded. d. Hirin$ and orientation of needed staff. 2. Next 90 days - a� Continue identification and work with othex agencies. b. Consoliclate results of study of problems faced by residents of the community. c. Baseci on finding, establish needs and put priorities on proposed methods of solning the identified problems. 3. Remainder of �he Program year - a Interpret the needs to professional and general publics. b Work to initiate new or strengthen existing services �or the mentally retarded. � c Develop pIan for community-based services to the � mentally retarded of ;the ModeZ Cities community. FITNDING lst year - Supplemental - 2nd year - Combination of supplemental and other sources depending - on needed activities 3rd year. - Phasing over to complete funding by other than Model Cities funding. N.B. - It should be noted that one of the prime responsibilities of SPARC and the project committee will be to search for sources of funds capable of ineeting the expanding needs. Such Federal legislation as the Construction and Facilities for the Mentally Retarded Act; Title IV-A �f the Social Security Amendments of 1967; the Vocational Education and Vocational Rehabilitation Legislation; and others pro- mise great assistance to the handicapped in the near future. Pending State and Local governmental legislation may well be aimed at the needs of the handicapped in low income areas and therefore a potential source of assistance with this project. � . , - z - . PR(3JECT �DMINISTRATION This project vrill be carried out by th� St. Paul Aseociation for Retarded Children until cor�ununity and other sources are capable of sustaining its program. SPARC is an organiZation of parents �r.d friends of the mentallg retarded with a long background of develaping aervices for the identification, ed�cation anal tr�ining of the retarded� During the past three yeRrsy SPARC has come to realize the nature of the probleme in low-inco�ae areas more aGUtelp than in the past, Two residents of • the Model Cities cQnununiT.y have been electeci to the SPARC Board of Directors, one re�ident serves on the SPARC Long-Range Planning Committee which is devising a plan for reorganization to meet changing needs and concepte. The project staff will he governec€ in policy matters by a standing cam.�aittee to the SPARC Boar� of Directors composed entizely of residenta of the Model Cities community. This committee will regort regularly to the Boazd of Directors and will be an integral part of the SPAF�C organization. The SPARC Executive Director will ait ex-officia on the pro3ect . committee and will supervise the day-�to-day ac�ivities of the projec� staff. • COORDINATION The project activities wiil be coordinated in conjunction with the = Model Citiee Board anci ataff. EVALUATION AND MONITOR.ING This phase will be accompanied in accordance with the overall Model Cities plan. CITIZEN PARTICIPATION As previously note�, the policy direction of the project will rest - with a committee composed of residents of the area who will be a standing committee to the SPARC Board of Directora. Members of the SPARC Board will sit on the project committee. RESIDENT EMPLOYMENT At the outset of this project, the limited staff will not significantly effect employment opportunities for residents. Residents will be utilized in everq possible position. Ho�ever, part of the responsibility of the project �ill be to develop services for the mentally retarded �+hich will, in turn, ievelop empl�yment opportunitfes. For example, the initiation of a day activity center for the rete,rded could well brit�g opportunities for residente in auch jobs as center director, teacher, _teachera aides, and clerical poaitions. � 4 . � MODEL CITIES DEPAI:TM�,NT OPERATII��G AGREEN�NT PART II - D TERMS AND CONDTTIONS 1. Terminai:ion of Contract. (a) If the United States Department a� Hcusing ar� lir a2�. Develogment should suspend o-r terminate its Grant Agreement for tl�e Compr_ehensive City Demon- stration Program witih the City of Saint Paul, this Agreement may be terminated by the Model Cities Department; or if, far any cause not the direct result of Mode1 Cities Department actions, the Agency shall fail to fu1fi11 in timely and proper manner its obiigations under this Agreement, c�r if the Agency shall violate any of the covenants� agreements or stipulations of this Agreement, the Model Cities Department shall thereupon have the right t� terminate this Agreement by giving written notice to the A�ency of sucri t�rmir�ation and specifying the effective date thereof, except as may be otherwise provided in Notic� a£ Suspension or Termination received by the Modei Cities Dep�.rtment from HUD. The notice given to the Agency sha11 be provided at least thirty days prio-r to the effec�ive cate ef such term.ination. In such pvent, a l.1 f:in�- ished or unf_inished documents , data, studies and repcxts prepa.r�d by the Agency under this Agreement, sh.a11 at the option of the Nic,del Cities L`epartment become its propPrty, and the Agency shall Ue en- titled ta receive just and equitable compensation for any work. satisfactorily completed on such docv.ments . (b) Provided, however, that if the Model Cities Departmen� sha11 exercise its right herein given to terminate this Agreement for cause, it shall nonetheless reimburse the Agency for a:1]_ amounts expended or inde�tedn.ess incurrecl in good faith in reliance orz th.is Agreement so that the Agency shall be ab�e to complete its �.ccrued and/or current commitmen�s on account of this ��greement. But this provision shall not be construed to relieve the Agency of its 1ia� bility, if any, to the Model Cities Department for damages for breach of contract. (c) Either th� Model Cities Departznen.t, with the consent of the Mode1 Neighborhood Planning Colincil, or the Agency ma.y termin- ate this A reement ror any reason whatsoever upon the giving of thirty (30� days ��ritt�en notice. In such event, a11 finished or unfinished documents, data, studies and reports prepared by the Agency under �his Agreen�ent, shall at the option of the Mode1 Cities llepar�ment become its property, and the Agency sha11 be entitled i�o receive compensation for work performed satisfactorily to the date of termin.ation of the Agreement only. (Terms ST1C� COl1C�1tlOT1S� I. (d) Notwithstanding the above, the Agency shall not be relieved of liability to the Model Cities Department for damages sustained by the Model Cities Department by virtue of any breach of this Agreement by the Agency, and Model Cities Department may withhold any payments to the Agency for the purpose of setoff until such time as the exact amount of 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 mutually agreed upon by and between the Model Cities Department and the Agency, slzall be incorporated in written amendments to this Agreement. The A�ency 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 that it has, 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 have any contractua.l 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 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 services subcontracted here- under shall 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 tha.n 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 pu rsuant 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 of Labor ma.y specifically provide for variations of or exemptions from the requirements thereof. 6. Pro'ect Coordination. The Agency, by its designee, sha.11 pa.rticipate 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 wit t e o e ities Department in informing the appro- priate Model Cities Task Force of the activities of the Agency in carrying out the provisions of this Agreement. (b) Representatives of the Agency shall attend meetings of the appropriate Task Forces upon the request of the Model Cities Department. 8. Reduction of Services. In the event the Agency fails to fulfill t e erms an con t ons of this Agreement in a satis- factory manner as determined 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 �project budget in a manner which reflects such reduction or diminution. 9. Assi nabilit . The Agency shall not assign any interest in this Agreement anc sha11 not transfer any interest in the same (whether by assigr�ment or novation) without the prior written consent of the Model Cities Depe+-tment thereto. 10. Subcontract and Other :�Qreements. The Agency shall not subco�tract any port on o t e ��rvic�es to be provided hereunder without the prior written conse�.t of the Model Cities Department. All consultants' contracts sha1� 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 Depa rtment. 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 Depa.rtment for its prior written approval. 11. Restrictions on Disbursements. No money under this Agreement s 1 e dis ursed y 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 account�.ng and fiscal matters to the extent tha.t they are applicable. � 12. Failure of Internal S stems. The Agency further agrees that shoul s a , reports, or nternal system of control prove to be inadequa,te in the determination of the Model Cities Depart- ment, the Model Cities Department reserves the right to enter upon the Agency's premises and perform all acts necessary and relevant to the establishment of a proper system of internal fiscal control. The Model Cities Department shall 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 Depa.rtment 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. 0perating„ procedures. The Model Cities Department re- serves the�gTlt to prescr uniform operating procedures far the Agency at auch times when the Model Cities Depa.rtment 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 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, inforn�.tional 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 s ponsors 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 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 Madel 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 causing further displacement. 16. Maintenance of Effort. It is agreed that any funds made available un er prov 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 ma.y request documentation concern- ing previous effort and expenditures by the Agency in the Model Neighborhood to enable the Mode� Cities Department to determine if the Agency is increasing its ser •�ices and the spending of funds in the Model Neighborhood. 17. E ua.l Em loyment Oppor�_�unity�. During the performance of this Agreemen , e gency agret� as�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 applicants are employa.�, 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 shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selec- , tion for training, including apprenticeship. The Agency agrees to post in conspicuous places, available �o employees and appli- cants for employment, notices to be provided by the Model Cities Department setting forth the provisions of this nondiscrimina.tion clause. (b) The Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that 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. Discrimi.na.tion 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 has filed any complaint or instituted or caused to be instituted any proceed- ing or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 19. Com liance with Local Laws. 'I'he Agency sha11 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 Loca1 Public Officials. No member of the govern ng o y o t e oca ity in w ic t e project area is situated, and no other public official of such lo�ality, who exercises any functions or responsibilities in the review or ap- proval of the carrying out of the project to which this Agreement (Terms and Conditions) 6. pertains, shall have any personal interest, direct or indirect, in this Agreement. 22. Interest of Certain Federal Officials . No member of or Delegate to t e ongress o t e nite tates, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise herefrom. 23. Interest of A enc . The Agency covena.nts that it pres- ently has 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 conflict in any manner or degree with the performance of its services hereunder. The Agency further covenants that in the performance of this Agreement no person having any such interest shall be employed. 24. Findin�s Confidential. All of the reports, information, data, etc. , prepare or assem ed by the Agency under this Agree- ment are confidential, and the Agency agrees that they shall not be ma.de available to any individual or organization without the prior written approval of the Model Cities Department. 25 . Purchase of Nonexpendable Propertv 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 �roperty acquired by the ageney with Model Cities Yunds shall revert to the city. Nonexpendable property is property which will not be consumed or lose its identity by being incorporated into another item oi 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 aceounted for as nonexpendable �roperty 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 oY aequisition, (c ) the acquisition cost or assigned value to the program, and (d) the source of fuiids expended for the acquisitio.n of property (i .e . , agency funds or Model Cities funds ) . 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 costa shown on the record cards ahall equal the balan�e in the aubsidiary costs account for non- expendable property. The fiscal inventory shall be taken and reconciled with the record card annually. (Terms and Conditions) 7. . . ' � . • � 1J, S. DE°AiHiN�:Vi OF HOli�IiVi;� ril�TZ URBAN DEVELOFfME1VT r�ODEL CITIES ADMINISTRATION SUPP'LENIEN`PAI�Y GENERAL CONDTTIONS FOR CONTRACTS WIT"tI OPERATING AGENCIES AND CONTRACTORS* The follawing cond.itions take precederice over any conflicting conditions in the Contract: ��C. l. Restriction on Disbursements. -- No money under this Contract shall be disbursed by the Agency to ar�y contractor except pursuant to a written contract which incorporates the applicable Supplementary General Conditions and unlesa the contre,ctor is in compliance� with IiUD requirements with �egard to accounting and fiscal matters, to the extent they are applicable� SEC. 100. Definitions. -- As used in this Contract: (A) Ag�ncy means an entity, whether public or private, which has the respous3bil:ity for administering a pro�ect or activity. (B) Area means the model neighborhood„designated in the Program. (C) Contraetor means an entity, other than an Agency (except as noted in the Labor Standards Frovisions) that flxrnishes to the City or to an Agency services or supplies (other than standard co�nercial supplies, office space or printing services). (D) HUD meaus the 3ecretary of Housing axid Urban Development or a person authorized to act on his behalf. (E) Program means the Compreh�nsive Demonstration Program approved by HUD as the same may from time to time be amended. 3EC. 101. Records. -- ' (A) Establishm,ent an�d Maintenance of Records. -- Records shall be main- tained in accordance with requiremertts prescribed by HUD or the City with reapect to all matters covered. by this Contract. Except as otherwise author- ized by HUD, such record.s aha11 be maintained For a period of three yeaxs after receipt of the final payment under this Contract. (B) llocumsntation of Costs. -- All costs shall be supported by proper�y executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidea�cing in proper detail the na.ture and propriety of the charges. All checka, payrolls, invoicee, contracts, vouchers, orders, or other accouriting docum�ents pertaining in whole or in paxt to this Contract ahall be clearly identified and readily accessible. * The conditions must be incorporated in (1) City contracts with operating egenciea, (2) City contracts with contractors, (3) Operating agency con- tracta with contractors. ** The bracketed material should be deleted in contracta with contractors. Nuo_�oso c2_a�� . _ � � . • • 2 SEC. 102. Reparts and Information. -- At such times and in such forms as HUI) or the City may require, there shall be flzrnished to HUD or the City such statements, records, reports, data and information, as HUD or the City may request pertaining to matters covered by this Contract. SEC. 103. Audits 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 States may deem rtecessary, there sha11 be mad� available to the City, Hi7D and/or representatives of the� Comptroller General for examination a.11 of its records with respect to a11 mdtt�ers cove�ed by this Cantract and will permit the City, HUD and�or repre�eatatives of the Comptroller General to audit, examine and make excerpts or traxiscripts from �u�h records, and to mc�ke audits of all contre.cts, imroices, materials, payrolls, records of personnel, conditions oP ea�ployment and other data rel�.t3.r�g� to a11� matters covered by this Contract. SEC. 104. HUD Requirements. -- Unearned pe,yments under this Contract may be suapended or terminated upon reflisal to accept ar�y additional co�ditions that may be imposed by HUD at a�y time; or if the grant to the City under Title I of the Demonatxation Cities and Metropolit,�.n 1Development Act oi 196b is sus- pended or terminated.. SEC. 105. Conflict of Interes�. -- (A) Interest of Members of City. -- No officer, employee, or agent oY the City who exercises an�y flanctions or responsibilities in connection with the planning and carrying out of '�the Program, or a�}r other person who exer- ciaes ar�y fluletione or responsibilities in connectian with the Program, shall have a,r�y personal financial intereat, direct or i.adirect, in this Contract; and the Agency ahall take approprf�te �steg�s ta aw�u.re coa�pl.iance. . � (B) �The Agency agrees thatlit will incorporat�e into every contract required to be in writing the Pollawing provision] Interes�t oP Contractor and Employees. -.- The Contractor covenanta that no peraon who: presently exercises aqy flxnctions . or responsibilitiee in connectj.on with the Program, has anpr personal i`iriancial interest, direct or indirect, in this Contract. The Contractor furthsr covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the Model Meighborhood Area or a�y parcels therein, which would conflict in a�y ma.nner or degree with the performance oP his services hereunder. The Corrtract fl�rther covenants that in the performance of this Contract no person having a�y conflicting interest ahall be employed. Ar�y interest on the part o� the Contractor or his employees must be dis- cloaed to the Agency and the City. Provided, however, that thia paxagraph shall be interpreted in such � manner so as not to unreasonaba,y impede the atatutory requirement that maximum oppor- tunity be provided for emplayment of and par�icipation by residente of the area. * The bracketed ms�terial should be deleted in contracts with contractors. MU D-70D0(z—eo1 � �- . ♦ . ' ' 3 SEC. 106. Opportunities for Residents. -- In all work made possible by or resulting from this Contract, affirms.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 awned in substantisl part by residents of the model neighborhood are to the greatest ext�nt feasible, awarded contracts. SEC. 107. Diacrimination Prohibited. -- (A) In all hiring or employment msde possible by or resulting from this Contract, there (1) wil.]. not bg sr�r discr�.mination sgainat ar�y employee or applicant fbr �ployment because of' race, colnr, re2igion, sex, or national origin, e.nd (2) affirmative action will be taken to ensure that applicants axe employed, ar�d that employeee axe treated during employment without regaxd to their race, color, religion, aeac, or national origin. This requirement sha11 apply to but not be limited to, tMe follawing; employment, upgrading, demotion, or transFer, recruitment or recruitment advertising; lay-off or termination; rates of pey or other forms of compensation; and selection for training, includ- ing apprenticeahip. There shall be posted in conspicuous placea available to earployees and applicants for employment, notfces to be provided by HUD setting forth the prov�leions of this clause. All solicitations or advertisements for employees aha11 state that all qualified� applicants will receive consideration for employmerit withrnzt regaxd to race, color, �religion, sex or national origin. (B) No person in the United States shall, on the ground of race, co�or, religion, or natiatial origirt, be exclude,d f�ara partic ipation in, be denied the benefita of,� or be eub�ect to diacrimine,tion under ar�y program or activity _ made posaibl�e by or resulting f�om this Contract. The Agency and each employer will comcply with all. requirem�nta imposed by or pursuant to the regulations of HUD eFfectuating Title VI of the Civil Rights Act oP 196�+. �(C) '�he Agency hereby eg�ees that it will incorporate into ar�r contract for constru,ction work, or modi�.cation thereof, as defined in the regulations of the Secretary of Labor� at 41 CFR Chapter 60, which is paid for in whole or in part with flat�ci.s obtained pu�isuant to this Contract, the equal opportunity clau$e which i� a paxt of the labor starndaxd provisions attached hereto. The Agency flu�ther agree� 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 practicea when it participates in fed.erally assisted construction work: Pravided, That if the Agency so participating is a State or local government, the abrnre equal apportunity clause is not applicable to ar�y agency, instrumental- ity, or subdivision of such government which does not participate in work on or uuder the contract. The Agency agrees that it will assist and cooperate actively with HUD and the 8ecre'�ary of Labor in obtaining the compliance of contractors and subcon- tractors with the equsl opportunity clauase and the rules, regulations, and rele- vant ordera of the Secretary of Labor, that it will fUrnieh HUD and the Secretary NUD-70A ts-s9) � . � . . . ` ` 4 of Labor such inforruation as they may require for the supervision of 5uch compliance, and that it will otherwise aesis�t HUD in the discharge of its primary responsibility for securing compliance. The Agency f�ther agrees the,t it will refrain from entering into a�y contract or contract �modification sub�ect to Executive Order 11246 of September 24, 1965, with a contractor detaxred t�om, 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 tha,t if it fails or refuses to comply with these undertakings, the City may take a.r�y or all of the following actions: Terminate or suspend in whole or in part this Contract; refrain from extending a�y f�.irther assistance to the Agency under the program with respect to which the failure or reflisal occurred until satisfactory assurance of future compliance has been received from such Agency; and refer the case to the Department of Justice for appropri- ate legal proceedings. SEC. 108. Labor Standaxds. -- There shall be included in all conatruc- tion contracts, made possible by or resulting from this Contract, with private entities the applicable labor standards provisions, if the work being carried on is not otherwise sub�ect to provision of Federal law imposing labor standaxds on federally assi�ted construction and in the case 'of residential pro�ects if the pro�ect is designed for the resident�al use of eight or more familie� SEC. 109. Copryrights. -- If this Contract results in a baok or other copyrightable ma.terial, the author is free to copyright the �1ork, but HUD reserves a royalty-free, nonexcluaive, and irrevocable lic,ense to reproduce, publish, or otherwise use, and to authorize others to use, e�11' copyrighted material and all ma,terial which can be copyrighted. SEC. 110. Patents. -- Ar�r discovery or inven�tion axisir� out ofl or developed in the course of work aided by this Contract shall be proanpt]tiy and flxlly reported to HUD for determination by HUD as to whether patent protection on such invention or discovery ahall be sought and how the rights in the in- vention or diseovery, includ.ing rights under ar�y patent issued thereon, shall be disposed of and administered, in order to protect the public interest. SEC. 111. Palitical Activity Prohibited. -- None of the flands, materials, property or services provided directly or indirectly un�der this Contract shall be used in the performance. of this Contract for ar�}r psxtisan political activity, or to flxrther the election or defeat of ar�r candidate. Por public office. SEC. 112. Lobbying Prohibited. -- None of the fluzds provided und.er 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 standard provisions should be included. HUD�7070 (2�60) •U.5.60v[iMM[NT��INTINGO//ICE:lif90-]�6-W! • , ` , . , U.S. DEPARTMEN7 OF HOUSING AND URBAN DEVELOPMENT MODEL GTIES ADMINIS7RATION LABOR STANDARDS PROVISIONS � 1. OPPORTUNITIES FOR RESIDENTS In all work made possible or resulting from this Contract, af'firmative action will be ta.ken to ensure that reeidenta of the model neighborhood area are given maximum opportunity for training and employmant and tha,t business concerns located in or owned in substaatial part 'by residents of the ma].el neighborhood are to the greatest extent Peasible, awaxded contracts. 2. EQUAL OPPORTUNITY A. During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate age,inst ar�y emplayee or applicant for employment because of race, color, religion, sex, or national origin. The Contract will take affirma,tive action to ensure that applicants axe employed, and that employees are treated during employment without regaxd to their race, color, religion, sex, or national origin. , Such action shall include, but not be limtted to the follawing: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms oP compeneation; and selection for training, including apprenticeship. The Coatractor agrees to post in con- epicuous places, available to e�ployees and applicants for employment, notices to be provided settiag �orth the pro�visions of this non�discrimination clauee. (2) The Contractor will, in all solicitations or advertisements for amployees placed by or on behalf of the Contractor, state that all qualified applica.nta will receive consideration for e�ploym�ent without regard to race, color, religion, aex or nationaY origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or otber contract or underatanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments urider this section, and ehall post copies of the notice in conspieuous places available to employees and applicants Por emplayment. (4) The Contractor wi11 comp�}r with a.Ll. provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the 3ecretary of Labor. (5) �e Contractor will i'Lirnish all information and reports required by Executive Order 11246 of September 2f:, 19b5, and by rules, r�gulations, and ordera of the 8ecretary ot' Le�bor, or pursuant thereto, and will permit access Nucaoa� �s-6a� • �_ . . , � • ' ` 2 � to his books, records, and accounts by HUD and the Secretary of Labor for purposes of investi�ation 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, regu.la- tions, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declaxed ineligible for flzrther Government contracts or federal�y 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 11246 of September 24, 1965, or by rule, regula- tion or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contre.ctor will include the portion of the sentence immediately preceding paxagraph (1) a.nd 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 vendor. The Contractor � will take such action with respect to ar�y subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes in- volved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor Tnay request the United States to enter into such litigation to protect the interests of the United $tates. B. Non-Segregated Facilities. The Contractor certifies that he does not ma.intain or provide for his employees ar�y segregated facilities at ar�y of his establiahmenta, and that he does not pea°mit his employees to perform their services at ar�y location, und.er his control, where segregated facilities axe ma.intained. The Contractor covenants that he will not maintain or provide for his employees ar�y segregated facilities at ar,�y of his establishments, and that he will not permit his employees to perform their services at ar�y location, under his control, where segregated facilities axe maintained. As used in this paxagraph the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker room� and other storage or dressing axeas, parking lots, drinking fountains, recreation or entertainment axeas, transportation, 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 origin, because of habit, local cuatom, or otherwise. 3• SPECIAL USE OF TERM Notwithstanding Section 100 of the Grant Agreement and Section 100 of the Supplement�ry General Conditions, the term "Contractor" may include a.n'bperating Agenc�� as defined in the Grant Agreement and an"Agency�' as defined in the Supplementary General Conditions. HUp-70S1 lz-e9i . . ° ' , , � , 3 4. DAVIS-B�ACON 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 (2g c� Pa,rt 3)), the flzll am�ounts due at time of payment computed at wage rates not less thaxl those contained in the' wsge determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regaxdless of a�r contractual relationship which may be alleged to exiat between the Contractor and such laborers and mechanics; and the wage determination decision shall be posted by the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably antici- pated under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, sub�ect to the provisions of 29 CFR 5.5(a)(1)(iv). Also for the purposes of this clause, regular contributions made or coats incurred, for more than a week�y period under plans, flinfls, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period:. (ii) The Contracting OfPicer shall require that any class of laborers or mecha.nics which is not listed in the wage determination and which is to be employed urlder the Contract, s3ia11 be classified. or reclassified conformab�y to the wege c�etermination, 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 classification or reclassification of a particular claes of laborers and mechanics to be used, the question accompanied by the recq�nendation of the Contre�cting OfFicer sha11 be referred to the Secretexy for final determination. (iii) The Contracting Of"Picer shall require, whenever the minimum wage rate prescribed in the Contract for a clase of laborers or mechanics includ.es a fringe benefit which ia not expressed as an hourly wage rate and the Contractor is obligated to pay s cash equiva�lent of such a fringe benefit, an hour],y cash equival.ent thereof to be establ.iahed. In the event the interested paxties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the reco�nmea$ation of the Contre,eting Officer, shall be referred to the Secretary of Labor for determina.tion. (iv) If the Contractor does not make pe�yments to a trust�ee or other third person, he may consider as part of the wages of anpr laborer or m�chanic the amount of ar�y coata reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Lebor which is a part of this Contract: Provided, however, the Secretaxy of Labor has faund, upon the written request of the Contractor, that the applicsble standards of the Davis-Bacon Act have been met. T'he secretary of Labor a►�yr require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Nucaosi �:-69) . • � � ��, . . , . � (2) Withholding. HUD may withhold or cause to be withheld from the Contra.ctor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or arXy subcontractor on the work the ful.l am�ount of wages required by the Contract. In the event of failure to pay ar�pr laborer or mechanic employed or working on the site of the work, HU'D may, after written notice to the Contractor, take such action as may be necessary to cause the suapension of ar�y flirther payment, ad.vance, or guaxe,ntee of funda until such vi�olations have ce�.sed. (3) Pttyrolls and basic records. (i) Payrolls and basic records relating thereto will be maintained durfng the course of the work anc� preserved for a period of three yeaxs thereafter for all laborers and mechanics working at the site of the work. Such records will contain the na,me and address of each such employee, his correct classification, rates of pay (including rates of contribu- tions or costs anticipated of the types described in section 1(b)(2) of the Davis-Bacon Act), dai],y and week]y number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5•5(a)(1)(iv) that the wages of ax�y laborer or mechanic include the amount af ar�r costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show tha,t the com�itment to provide such benefits is enforceable, that the plan or program is financial.7,y responaible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and recorda which show the costs anticipated or the actual cost incurred in providing such benefits. (ii) The Contractor will submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a paxty the Contractor will submit the payrolls to the Agency for transmission to the City, for transmisaion to HUD. The copy shall be accompanied by a statement signed by the emplayer or his agent indicating that the payrolls 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 mschanic conform with the work he perfornmed. A submission of a "Week�y 3tatemer�t of Compliance" which is required under this Contract and the Copeland reguletiona of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial peyroll or ar�}r subsequent payroll of a copy of ar�y findings by the Secretary of Labor under 29 c�x 5.5(a)(1)(iv) ahall satisfy 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 clausea of the Contract available for inspection by authorized repreeentatives of HUD, the City �r the Agenc� ar�d the Department of Labor, and will permit such representatives to interview employees during work- ing hours on the �ob. (4) Apprentices. Apprenticee will be permitted to work as such only when they are registered., .individually, under a bona fide apprenticeship program regietered with a State apprenticeship agency which is recognized by the Bureau Nuo-�os� 12-69) i . o , � ` � � 5 of Apprenticeship and Training, United. States Depaxtment of Lador; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United. States Depaxtment of Labor. The allowable ratio of apprentices to �ourneymen in any craft classification shall not be greater than �he ratio perm.itted to the Contractor as to his entire work Porce under the registered program. Ar� employee listed on a payroll at ari apprentice wage rate, who is not registered as above, shall be paid the wage r�,te determined. by the Secretary of Labor Por the classifica- tion of work he actually performed. The Corrtractor or subcontractor will be required to ftiirnish to the Contracting Officer written evidence of the regietration of his program and apprentices as well as of the appropriate ratios and wage rates, for �he area of construction prior to using ar�pr appretiticea on the contract work. (5) Co liance with C eland Re ations 2 CFR Part 3 . �he Contractor shall co�nply with the Copeland Regulations 29 cFx part 3) of the 3ecretaxy of Labor which axe herein incorporated by reference. (6) Subcontracts. The Contractor will insert in ar�y subcontracts the clauses contsined in 29 cF'x 5.5(a)(1) through (5) aud (7) and such other clausea as HUD m�y by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in ar�y lower tier sub- contracts which they matiy enter into, together with a clause requiring this insertion in at�y flzrther subcontracts that ma�y in turn be made. (7) Contract termination; debaxment. A breach of clauses (1) through (6) may be grrnands Por termination of the contract, an�d for debaxment as pro- vided in 2g CFR 5.6. 5. CONTRACT WORK HOURS STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for �t�}r part of the contract work which ma,y require or involve the employment of laborers or mechanics shall require or permit ar�}r laborer or mechanic in ar�y workweek in which he is employed on such work to work in excess of eight hours in ax�y calendax day or in excess of forty hours in such workweek unless auch laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for a11 hours worked in excess of eight hours in ar�y calendar day or in excess of forty hours in such workweek, as the c�ae me�r be. (2) Violation• liabilit for un aid w es• li uidated d es. In the event of es�y violation of the clause set forth in subpaxagraph 1 , the Con- tractor an�d ar�y eubcontractor responsible therefor ahall be liable to ar�y affected employee for his unpaid wages. In addition, such Contractor and sub- contractor sha11 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 Huc.�os� �Z—eo� . c • �, ' . . � - . . . . � 6 or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each ind.ividual laborer or mechanic employed in violation of the clause set forth in subpaxagraph (1) in the sum of $10 for each ce,lendax day on which auch em�ployee was required or permitted to work in exceas of eight haurs or in excess of the standard workweek of forty houra without payn►ent of the avertime wage� required by the clause set forth in sub- paragraph (1) . (3) Withholding for unpaid wages a.nd liquidated damages. HUD may with- hold or cause to be withheld, Prom as�r moneys peyable on account af work per- formed by the Contractor or aubcontr�ctor, such sums as may adm�inistrative]y be determined to be neces�ary to satisfy a�y liabilitiea oP such Contractor or subcontractor for unpaid wages and liquidate8 damages as provided in the clause aet forth in subparagraph (2). (�) Subcontracts. The Contractor shall inaert in ar{y subcontracts the c]ausea ae ort in aubpaxagraphs (1), (2), and (3) of this paragraph and also e� clause requiring the subcontractors to include these clauses in ax.�y lower tier aubcontra,ets which they may enter into, together with a clause requiring this insertion in ar�r further subeontracta that,m�y in turn be made. , NUDa0s1 �:-e., Hvo-wa.�.. o. c. 236133-P . � . . _ ,� � $ � � � � �` � � � � 0 L7 e� s- � c- c� r r v t— c- s-. r ' n (T r a �7 . � � O O O O O O O O O fJ O Q O O O O O t� � � O C9 ' � z H � � � � - . W E� r-1 7�i� .D 1� ! 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