88-1287 WHITE - CITV CLERK
PINK - FINANCE GITY - OF SAINT PALTL Council /% U///.�
CANARV - DEPARTMENT X i n /
BLUE - MAVOR File NO• (f ��" • --
C uncil Resolution ��-r���,
Presented By °'��"" __
Referred To Committee: Date
Out of Committee By Date
WHEREAS� The Mayor, pursuant to Section 10.07.1 of the City Charter, does certify that there
are available for appropriation �evenues ,in-excess of those estimated in the 1988 budget, and
WHEREAS, The Mayor recommends the following changes to the 1988 budget:
Current Amended
Budget Changes Budget
------------- ------------- -------------
FINANCING PLAN
050 SPECIAL PROJECTS-GENERAL GOVERNMENT
3018 Housing Discrimination Grant . 16,750 16,750
Al1 Other Fund Financing 946,206 - - 0 9k6,2Q6
------------- ------------- -------------
946,206 16,750 962,956
_ . _ _
SPENDING PLAN
050 SPFCIAL PROJECTS-GENERAL GOVERNMENT
30150 Housing Discrimination Complaints
30],08-0111 Salaries, Full Time Certified 2,000 2,000
30108-0131 Salaries, Temp orary Certified 8 200 8,200
30108-0253 Registration Fees �000 Z,000
30108-0256 Registration Fees, Local 2000 2,000
30108-0439 Fringe Costs - 2550 2,550
Al1, Other Fund Spending 946,206 0 946,206
------------- ------------- -------------
946,206 16,750 962,956
_ _ . _
NET CHANGE + 16,750
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves these changes to the 1988 budget.
Approval &ecommended:
---- -- 1! '1�y___1--=----
Budget Di c r
COUNCIL MEMBERS Requested by Department of:
Yeas Nays /
Dimond
r.ong In Favor
Goswitz
Rettman � `�
��� A gainst BY
_sewe.o
Wilson
Adopted by Council: Date
AUG - � � Form Ap r ved by City A rney
Certified Ya s Council , ret By ,1 f
gy,
Approv Mavor. Date � - 8 � Appro b Mayor for Submissi t C nc
PU9�.ISNEO AU G 1 3 1988_
���� .
��� . �
Human Righ�s � � � -d-. 413635 �
DEPARTMLNT •
Bonnie Jellinek coNTACT t�,1�tE
PHONE �
aU Y r DATE
' ASSIGN N[TI�IBER FOR �OIITING ORDER: See renerse side.)
1 Department Director � Mayar (br Assistant) �I�'�
_ Finance and ZLanagame t Services Director 5 Citx Clerk
� Chair,Finance,M t,Personnel Conm�
� City Attorney 6 City Counci '
, � Chief Accountant,Fd�MS . '
TOTAL NUMBER OF SIGNATURE PAGES: (Clip all locations for signature.)
SifLeT S�TILL BE ACHIEVED B�' TAKING ACTION ON THE ATTACHBD MATERIALS? �Purpose/Rationale)
The Department of Human Rights will be able to utilize a HUO Grant to investigate housing
complaints referred by HUD and filed directly with the Human Rights Department; to engage
in educational and informational activities desi"gned to pror�te fair housing in the comnunity;
and to provide training for all investigators through professional human rights organizations.
RECp�p
�9ST/BENEFIT BUDGETARY AND PERSfJNNEL IMPACTS l�NTfCIpATED: `�u�' 2'' �988
, MAY��►S.Of� :
The funding will allow the tk�partment of Human Rights to fund a portio�if a Field
Representative's salary, hire! a part-time clerical and to allow. the investigative staff
to attend training sessions, j
, Council Research Center
. � FINANCING SOURCE AND BUDGET AC�IVITY 1tRJ?tBER CHARGED OR CREDITED: . J U L �2 71988
� (Mayor's signature not require�i if under $10,Q00.)
Total Amount of Trans�ction: � $16,750 ivity Number: 30150-3Q18
. RECEI�� , Housing Discri�inatlon
Funding Source: HUD Grant HA}�15326 ����plaints
JUL 2�7 '� REC�vEo
ATTACHMENTS: (List and numberl!all attachments.��� C��( JU L 2 Y 1988
' � 6UDfET OFfICE JUL -1� �
1. Council Resolution ��CEIV�:� RECEIVED
2. HU0 Award , . BU�G� �IGE
J�1L N 1 19
ADMINISTRATIVE PROCEDURES I��'�����g•��-�I TY �'1T i O 1'`N E�
�Yes `�_No Rules, Regulations, Procedures, or Budget Amendment required?
�Yes. _No If yes. are they or timetable attached? "
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
�Yes _No Council resolution required? Resolution required? X Yes No
_Yes �No Ins�rance required? InsuranG,e sufficient? _Yes N�No
_Yeys �No Insurance attached? .
PINK - FINANCE (�I-ry O F SA I NT � A U L Council �J !� � � �
CANARV - OEPARTMENT , NO. �!"�L ' �+' -' /
B UE -MAVOR -� FIIe
�
�''`�� �``�'�-;`� ���.,��-Council- Resolution - ,
..� _ , ,� , �� ���
.
Presenled By - _-' �. �.,� -f.�'..;��'.�
.._ – /
Refeir�d To Committee: Date..
Out of Committee By Date
RES�,YED. tlu�t the proper city officials ere hereby authorized
and directed to execttte an Agree�ment nith the United States Department
ot Housing and Urban Development (NU�j Nhereby FIUU will relmburse the
C1ty's DepArtment of Numan aights in the amtwnt of �16.000.00 for the
lnvestlgation of Title YIII hoersing discrirnination complatnts nnd for
training of staff; said contract tn the total amo�nt of �16,00�.00; a
copy of said Agreement tv be kept on f11� and of record tn the Depart-
ment af Finance and Management Serrlces.
.
�
COUNC(LMEN
Yeas Dt��1 Nays Requested by Department of:
.. Nip� —L— In Favor N�+�►n Ri hts i _ ��
r�,�.,_�.� .�. // .. � - �..�..�,. �
��p,,�� h _ Against sy arily�H. Jo on, Oirector
Meida � J�.�. .
—��}�� ���f, " , ���b� Form Rpproved by. City Attorney
Adopted by Council: Date •
( .___ -
Certified Passed by Council Secretary By �� r�
B '� ... S -. •` .,-.
y { .t,,; .�.._, �..�..-r�,-':.._1',-'' � .,,_
Approved by Mavor. Date _S�P 4 �u ;._,�;_ Approved by Mayor for Submission to Council
gY BY .. .. �--.- __.
, , i l�'• "" //�" �
� I
� � SCHEDULE OF ARTICLES
�w
1. DEFINITIONS �
2. SCOPE OF WORK (FIXED PRICE)
3. PERIOD OF PERFORMANCE
4 . INSPECTION AND ACCEPTAP7CE
5. CONDUCT OF WORK
6. INSTRUMENT AMOUNT, PAYMENT AND SUBMISSION OF INVOICES
7. HUD's SUBSTANTIAL INVOLVEMENT
8. CONSULTING SERVICES
9. PUBLICATIONS AND NEWS RELEASES
10. REPRODUCTION OF REPORTS
11. GOVERNMENT PROPERTY �
12. FLOW DOWN PROVISIONS
13 . MONITORING AND REPORTING PROGRAM PERFORMANCE
14. PROPERTY MANAGEMENT STANDARDS
15. PROCUREMENT STANDARDS
16. SUSPENSION AND TERMINATION PROCEDURES
17. DISPUTES
' 18. RETENTION AND CUSTODIAL REQUIREMENTS FOR RECORDS
•=-- ' 19. OTHER ADMINISTRATIVE PROVISIONS
.�
�. � � ��-,���
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1. DEFINITIONS
A. The term "Recipient" refers to the grantee if the legal
instrument to which these f�eneral Provisions apply is a
grant and to the cooperating party if they apply to a
cooperative aqreement.
B. The term "Instrument" refers to either a grant or a
cooperative agreement.
C. The term "Grant/Cooperative Agreement Officer" (G/.CAO)
refers to the individual delegated the authority by HUD
to execute and/or administer this instrument, i.e. , a
Grant Officer in the case of a grant and Cooperative
Agreement Officer in the case of a cooperative
agreement.
_ 2. SCOPE OF WORK (FIXED PRICE)
� The Recipient shall furnish the necessary personnel,
materials, services, equipment, facilities, (except as
�' otherwise specified herein) and otherwise do all things
necessary for or incidental to the performance of� the
work set forth in the Statement of Work for the firm
fixed price set forth herein.
3. PERIOD OF PERFORMANCE
The Recipient shall provide all services hereunder for a
period of twelve (12) months from the effectfve date of
the instrument.
4. INSPECTION AND ACCEPTANCE
Inspection and acceptance of all but the final products
may be accomplished by the GTMs, if so delegated. Final
acceptance shall be accomplished by the GTR.
5. CONDUCT OF WORK
A. During the effective period of this instrument, the
Government Technical Representative and/or the Government
Technical Monitor identified in Block 9 of the cover page
shall be responsible for monitoring the technical effort
of the Recipient, unless the Recipient is notified in
writinq by the G/CAO of a replacement.
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: . �����
, ,
- B. Only the G/CAO has the authority to authorize deviations ��
from this instrument, includinq deviations from the
Statement of Work. In the event the Recipienfi does
deviate without written appr��val of the G/CAO-, such
deviation shall be at the risk of, and any costs related
thereto, shall be borne by the Recipient.
6. INSTRUMENT AMOUNT, PAYMENT AND SUBMISSION OF INVOICES
A. The maximum amount for performance of the Statement of
Work and all other requirements of this instrument is
$�6 � 000 , to be distributed as follows:
1. The Recipient shall be paid the firm fixed amount of
$ 12 .000 to support the agency's fair housing
effort in accordance with Appendix A, Statement of
Work. Payments shall be made in accordance with
. paragraph B. below.
� �� 2. The Recipient shall be paid the firm fixed amount of
$ 4 .000 for attendance at HUD-sponsored training
�- at National and Regional training sites. These
monies may also be used to support additional� in-
house traininq by agencies for agency-specific
problems and for traininq of staff unable to attend
National or Regional traininq, subject to approval of
RGTM. Failure to send the specified number of
participants to training will result in an $800
deduction for each non-attendant below the minimum.
: . � C °� �'i��7
A {
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B. DATE FOR RECIPIENTS CONTRIBUTIONS
SUBMISSION OF SF 270 �IXED PAYMENT AMT TRAINING
90 days after the $ 3 , 600 See C Below
effective date of
instrument
180 days after the $ 3 , 600
effective date of
instrument
270 days after the $ 3 , 600
effective date of
instrument
Final submission on $ 1 , 200
or before the
- completion date of
---� ' instrument
__ C. The Recipient shall submitt Standard Form 270 �'Request
for Advance of Reimbursement", to the Regional Gouernment
Technical Monitor (RGTM) at the address specified in
Block 9 of the cover page of this Agreement on the dates
stipulated above. All requests for payment shall be
submitted in an original and three (3) copies. In
addition, a GODy of the SF 270 shall be sent directly to
the Government Technical Representative (GTR) at the
other address specified in Block 9.
Payment of item A.2 shall be made at the next available
billing period after the Training participation has
occurred. Payment is subject to being withheld if it is
the judgement of the RGTM that the Recipient is not
complyinq with all terms of the Cooperative Agreement.
The Recipient shall identify the Cooperative Agreement
Number in Block 4 of the SF 270 on all invoices. The
final invoice shall be submitted on or before the -
completion date of the instrument.
,
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1 � D. Each Standard Form 270 shall be accompanied by a
, . Narrative Report with an attached listing of all
, complaints processed (i.e. closed or conciliation failed)�.
during the billing period. The list should include name
of complainant, name of respondent, date closed or date
conciliation failed subsequent to a finding of
discrin.ination, and docket number. The report shall a�so
describe the activities undertaken by the Recipient
during the billing period in support of fair housing
enforcement and training. The training portion of the
report should be accompanied by a listing of agency
participants with names and dates attending.
E. The Criteria for Payment/Processing is hereby _
incorporated by reference.
F. The Government shall remit all payments to the following
address:
7. HUD's SUBSTANTIAL INVOLVEMENT •
A. HUD intends to have substantial involvement in the review
and approval of all aspects of the work to be carried
out as a result of an award under this agreement.
B. Anticipated substantial involvement may include, but not
be limited to the following:
1. Review and guidance in progress .and upon completion
of case investigations,
2. Participation in the development and presentation of
in-house training, and
3. Participation in presentation of education programs:
8. CONSULTING SERVICES
As required by HUD's Appropriations Act, salary payments
to consultants under this instrument shall not exceed the
equivalent of the maximum daily rate paid to GS-18
Federal Employees.
: . T ���a�7
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� 9. PUBLICATIONS AND NEWS RELEASES �
A. Definition. For the purpose of this clause,
"publication" includes:
1. Any document containing information for public
consumption; or,
2. The act of, or any act which may result in,
disclosing information to the public.
B. The results of this program are planned to be made
available to the public through dedication, assignment
by the Government, or such other means as the Secretary
shall determine.
C. Government Ownership of Official Products of Work
•--� ' � 1. All �interim and final reports and information, data
analyses, special methodoloqy, findings, and their
._ related_documents and work products, including
reports, work sheets, survey instruments, co�puter
tapes, and any other physical materials and products
produced directly under the Statement of Work of
this instrument are considered Official Products of
Work, owned by the Government and held for the
benefit of the public.
D. Publication of Official Products of Work
l. Official Products of Work, quotations therefrom,
paraphrasinq, or disclosures of interim findings may
not be published without the approval of the GTR
for a period of sixty (60) days after acceptance of
the product by the GTR. Thereafter, the Recipient
shall be free to publish without HUD approval.
_- . � � ��-ia�
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E. Acknowledgement and Disclaimer /
1. All Official Product� of Work, or any part thereof,
and any Independent Products and Special Products
arising out of this instrument, when published by
Recipient or other participants in the work, shall
contain the following acknowledgement and
disclaimer:
"The work that provided the basis for this
publication was supported by funding under a
Cooperative Agreement with the U.S. Department of
Housing and Urban Development. The substance and
findings of the work are dedicated to the public.
The author and publisher are solely responsible
� for the accuracy of the statements and
. interpretations contain in this publication. Such
._.. • interpretations do not necessarily reflect the
views of the Government."
�' F. Notice of News Release and Public Announcements
Two copies of all press releases, formal announcements,
and other planned, written issuances containing news or
information concerninq this instrument that may be made
by- the Recipient or its staff, or any subcontractor or
other person or organization participating in the work
of this instrument shall be provided to the GTR at the
earliest possible time. News releases and other public
announcements may not disclose any interim finding or
quote or paraphrase any part of any Official Product of
Work without complyinq with Paragraph E, above.
10. REPRODUCTION OF REPORTS .
In accordance with Government Printing and Binding
Regulations, reproduction of reports, data or other
written materials, if required herein, is authorized
provided that the materials produced do not exceed 5,000
production units of any paqe and the items consisting of
multiple pages do not exceed 25, 000 production units in
aqgregate.
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11. GOVERNMENT PROPERTY %
The following Government equipment acquired for the
performance of this project is identified as follows:
Items
Cost [ (LIST ITEMS AND COST) J
At the conclusion of performance of this instrument, the
G/CAO will provide the Recipient with instructions
concerning the disposition of the inventory of equipment.
12. FLOW DOWN PROVISIONS
The Recipient shall include provisions to carry out the
purposes of this instrument in all contracts of
. employment with persons who perform any part of the work
_ under this instrument, and with all subcontractors and
�-"� other persons or organizations participating in any part
of the work under this instrument. There shall be
-- provisions for a further flow down of such requirements
to each subtier of employees and subcontractors tb the
extent feasible.
13 . MONITORING AND REPORTING PROGRAM PERFORMANCE
A. Recipients shall constantly monitor their performance
under this fnstrument to assure that time schedules are
being met, projected work units by time periods are being
accomplished, and other performance goals are being
achieved. This review shall be made for each program,
function, or activity in accordance with the requirements
set forth in the Schedule.
.� � � ` �������
' B. Reci ients shall submit to the GTR a �
P performance report
(technical report) for this instrument that briefly
presents the follo��ing information for eac`� program,
function, or activity involved:
1. A comparison of actual accomplishments with the
goals established for the period, the findings of
the investigator, or both. If the output of the
programs or pro�ects can be readily quantified,
such quantitative data should be related to cost
data for computation of unit costs. �
2. Reasons why established goals were not met.
3 . Other pertinent information� as may be specified in
the Schedule, including, when appropriate, analysis
. and explanation of cost overruns or high unit costs.
'-�� C. The recipient shall submit the performance report
, quarterly with the Financial Status Report (or Request
�- for Advance or Reimbursement if used in lieu of the
Financial Status Report) required by Clause 8 en'titled
"Financial Reporting Requirements. "
D. Between the required performance reporting dates, events
may occur that have significant impact upon the project
or program. In such instances, the recipient shall
inform the G/CAO and GTR in writing, as soon as the
following types of conditions become known:
1. Problems, delays, or adverse conditions that will
materially affect the ability to attain program
objectives, prevent the meeting of time schedules
and goals, or preclude the attainment of project
work units by established time periods. This
disclosure _ shall be accompanied by a statement of
the action taken, or contemplated, and any Federal
assistance needed to resolve the situation. -
2. Favorable developments or events that enable time
schedules to be met sooner than anticipated or more
work units to be produced than originally projected.
E. If any performance review conducted by the recipient
discloses the need for change in the budget estimates in
� accordance with the criteria established in the clause
entitled "Budget Revision Procedures, " the recipient '
shall submit a request for budget revision.
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. 14 . PROPERTY MANAGEMENT STANDARDS ��
A. The following definitions apply for the purpose of this
clause.
1. Real property - Real property means land, including
land improvements, structures and appurtenances
thereto, but excludinq movable machinery and
equipment. .
2. Personal property - Personal property of any kind
except real property. It may be tangible - having
physical existence, or intangible - having no
physical existence, such as patents, inventions and
copyrights.
3. Nonexpendable personal property - Tangible personal
property having a useful life of more than one year
- and an acquisition cost of $300 or more per unit.
•--� ' Recipients subject to Cost Accounting Standards
Board regulations may use the CASB standard of $500
_ ._ per unit and useful life of two years. A recipient
may use its own definition of nonexpendable personal
property provided that the definition would at least
include all tangible personal property as defined
above.
4. Expendable personal property - All tanqible personal
property other than nonexpendable property.
5. Excess property - Property under the control of any
Federal agency that, as determined by the head
thereof, is no longer required for its needs or the
discharge of its responsibilities.
6. Acquisition cost of purchased nonexpendable personal
property - Acquisition cost of an item of purchased
nonexpendable personal property is the net invoice
unit price of the property including the cost of -
modifications, attachments, accessories, or
auxiliary apparatus necessary to make the property
usable for the purpose for which it was acquired.
Other charges such as the cost of installation,
transportation, taxes, duty or protective in-transit
insurance, shall be included ar excluded from the
unit acqufsition cost in accordance with the
recipient's regular accounting practices.
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� � 7 . Exempt property - Tangible personal property
' acquired in whole or in part with Federal funds, ancY
title to which is vested in the recipient without
further obligation to the Feder.al Government except
as provid•ed in subparagraph d (1) below. Such _
unconditional vesting of title will be pursuant to
any Federal legislation that provides HUD with
adequate authority.
B. Real property - If real property is acquired as a
requirement of this instrument, the following shall
apply: �
1. Title to real property shall vest in the recipient
subject to the condition that the recipient shall
use the real property for the authorized purpose of
the project, as long as it is needed.
2 . The recipient shall obtain approval by HUD for the
use of real property in other projects when the
_ recipient determines that the property is no longer
._._ • needed for the purpose of the original project. Use
in other projects shall be limited to those under
other federally sponsored projects, (i.e. , grants or
" other agreements) or programs that have purposes
consistent with those authorized for support by HUD.
3 . When the real property is no longer needed as
provided in (1) and (2) above, the recipient shall
requested disposition instructions from FiUD or its
successor Federal sponsoring agency.
C. Federally-owned nonexpendable personal property - Title
to federally-owned property remains vested in the Federal
Government. The recipient shall submit an annual
inventory to HUD, listing federally-owned property in
their custody. Upon completion of the effort covered by
the instrument or when the� property is no lonqer needed,
the recipient shall report the property to HUD for
further agency utilization.
D. Other nonexpendable property - When other nonexpendable
tangible personal property is acquired by a recipient
with project funds, title shall vest in the recipient
subject to the following conditions:
l. Right to transfer title - For ,items of nonexpendable
personal property having a unit acquisition cost of
$1,000 or more, HUD reserves the right to transfer
the title to the Federal Government or a third �
� party.
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b. Nonexpendable personal property with a unit �
acquisition cost of $1, 000 or more - The
. recipient may retain '�he property for other
uses provided that co:npensation is made to HUD.
The amount of compensation shall be computed by
applying the percentage of Federal
participation in the cost of the oriqinal
project or program to the current fair market
value of the property. If the recipient has no
need for the property and the property has
further use value, the recipient shall request
disposition instructions from HUD.
4 . Property management standards for nonexpendable
property - The recipient's property management
standards for nonexpendable personal property shall
_ include the following procedural requirements:
'-�� � a. Property records shall be maintained accurately
and shall include:
(1) A description of the property. -
(2) Manufacturer's serial number, model
number, Federal stock number, national
stock number, or other identification
number.
(3) Source of the property, includinq grant or
other agreement number.
(4) Whether title vests in the recipient or
the Federal Government.
(5) Acquisition date (or date received, if the
property was furnished by the Federal
Government) and cost.
(6) Percentage (at the end of the budqet year)
of Federal participation fn the cost of
the project or program for which the
property was acquired. (Not applicable to
property furnished by the Federal
Government) . ,
(7) Location, use, and condition of the
� property and the date the information was
report�d. .
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2. Use of other tangible nonexpendable property for
which the recipient has title.
a. The recipient shall use the property in the
project or program for which it was acquired as
long as needed, whether or not the project or
program continues to be supported by Federal
funds. When no longer needed for the original
project or program, the recipient shall use the
property in connection with its other �ederally
sponsored activities if authorized by HUD.
b. Shared use - During the time that nonexempt
nonexpendable personal property is held for use
on the project or program for which it was
_ acquired, the recipient shall make it available
.__ . . for use on other pro�ects or programs ff such
other use will not interfere with the work on
that project. First preference for such other
�- use shall be given to other projects or
programs sponsored by HUD; second prefe�ence
shall be given to projects or programs
sponsored by other Federal agencies. If the
property is owned by the Federal Government,
use on other activities not sponsored by the
Federal Government shall be permissible if
authorized by HUD.
3. Disposition of other nonexpendable property - When
the recipient no longer needs the property as
provided in D.2. above, the property may be used for
other activities in accordance with the followinq
standards.
a. Nonexpendable property with a unit acquisition
cost of less than $1,000 - The recipient may
use the property for other activities without �
reimbursement to HUD or sell the property and
retain the proceeds.
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� (8) Unit acquisition cost. �
(9) Ultimate disposition data, includ.ing datE:
of disposal and sales price or th� method
used to determine current fair market
value where a recipient compensates the
Federal sponsoring agency for its share.
b. Property owned by the Federal Government must
be marked to indicate Federal ownership.
c. A physical inventory of property shall be taken
and the results reconciled with the property
records at least once every two years. Any
differences between quantities determined by
the physical inspection and those shown in the
accounting records shall be fnvestigated to
- determine the causes of the difference. The
•--._ - � • recipient shall, in connection with the
inventory, verify the existence, current
_ utilization, and continued need for the
property. ,
d. A control .system shall be in effect to insure
adequate safeguards to prevent loss, damaqe, or
theft of the property. Any loss, damage, or
theft of nonexpendable property shall be
investigated and fully documented. If the
property was owned by the Federal Government,
the recipient shall promptly notify HUD.
e. Adequate maintenance procedures shall be
implemented to keep the property in good
condition. . �
f. Where the recipient is authorized or required
to sell the property, proper sales procedures
shall be established which would provide for _
competition to the extent practicable and
result in the highest possible return.
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g. Expendable personal property - Title to
expendable personal property shall vest in the
recipient upon acc#uisition. If there is a
residual inventory of such property exceeding
$1, 000 in total aggreqate fair market value,
upon termination or completion of the
instrument, and the property is not needed for
any other federally sponsored project or
programs, the recipient shall retain the
property for use on nonfederally sponsored
activities, or sell it. The recipient must in
either case compensate HUD for its share. The
amount of compensation shall be computed in the
same manner as nonexpendable personal property
h. Intangible property
- (1) Inventions and patents - If any program
•--� � � produces patentable items, patent rights,
processes, or inventions, in the course of
work sponsored by the Federal Government,
such fact shall be promptly and fully
reported to HUD. Unless there is a prior
agreement between the recipient and HUD on
disposition of such items, HUD shall
determine whether protection on the
invention or discovery shall be sought.
HUD will also determine how the rights in
the invention or discovery, including
rights under any patent issued thereon, •
shall be allocated and administered in
order to protect the public interest
consistent with current Goverriment Patent
Policy. [OMB Circular A-124 requires that
each grant or cooperative agreement
awarded to a small business firm or
nonprofit organization which has as a
purpose the performance of experimental, "
developmental or research work, shall
contain the clause entitled "PATENT
RIGHTS (Small Business Firms and Nonprofit
Organizations) (March 1982) . " That
� clause shall replace paragraph h. (i) if
applicable to this i�nstrument. ]
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, �
(2) Copyrights - Except as otherwise provided
in the terms and conditions of this
instrument, the author_ or the recipient
organization is free to copyright any
books, publications, or other
copyrightable materials developed in the
course of or under the instrument, but HUD
hereby reserves a royalty-free,
nonexclusive and irrevocable right to
reproduce, publish or otherwise use and to
authorize others to use the work for
Government purposes.
15. PROCUREMENT STANDARDS
A. All recipients shall adhere to the following standards:
- 1. The recipient shall maintain a code or standards of
•--� ' � � coriduct that shall govern the performance of its
officers, employees or agents engaged in the award
._ and administration of contracts using Federal funds.
No employee, officer or agent shall participate in
the selection, award or administration of a contract
in which Federal funds are used, where, to his/her
knowledge, he/she or his/her immediate family,
partners, or organization in which he/she or his/her
immediate family or partner has a financial interest
or with whom he/she is negotiatinq or has any
arrangement concerninq prospective employment. The
recipients' officers, employees or agents shall
neither solicit nor accept gratuities, favors or
anything of monetary value from contractors or
potential contractors. To the extent permissible by
State and local laws, rules, and requlations, such
standards shall provide for disciplinary actions to
be applied for violations of such standards by the
recipients' officers, employees or agents.
2. All procurement transactions shall be conducted in a
manner to provide, to the maximum extent practical,
open and free competition. The recipient should be
alert to organizational conflicts of interest or
noncompetitive practices among contractors that may
restrict or eliminate competi�ion or otherwise
restrain trade.
: � � �����
, In order to ensure objective contractor performance .�
and eliminate unfair competitive advantage,
contractors that develop or draft specifications,
.r.equirements, statements of work, invitations for
bids and/or requests for proposals should be
�xcluded from competing for such procurements.
Awards shall be made to the bidder/offeror whose
bid/offer is responsive to the solicitation and is
most advantageous to the recipient, price and other
factors considered. Solicitations shall clearly set
forth all requirements that the bidder/offeror must
fulfill in order for his/her bid/offer to be �
evaluated by the recipient. Any and all bids/offers
may be rejected when it is in the recipient's
interest to do so.
3. All recipients shall establish procurement
. procedures that provide for, at a minimum, the
. following procedural requirements:
a. Proposed procurement actions shall follow a
-- procedure to assure the avoidance of purchasing
unnecessary or duplicative items. Where
appropriate, an analysis shall be made of lease
and purchase alternatives �to determine which
would be the most economical, practical
procurement.
b. Solicitations for goods and services shall be
based upon a clear and accurate description of
the technical requirements for the material,
product, or service to be procured. Such a
description shall not, in competitive
procurements, contain features which unduly
restrict competition. � "Brand name or equal"
descriptions may be used as a means to define
the performance or other salient requirements
of a procurement, and when so used the specific
features of the named brand which must be met -
' by bidders/offerors shall be clearly
specified.
c. Positive efforts shall be made by the recipient
to utilize small business and minority-owned
business sources of suppl,ies and services.
Such efforts should allow these sources the
maximum feasible opportunity to compete for
' contracts utilizinq Federal funds.
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d. The type of procuring instruments used, e.g. ,
fixed-price contracts, cost- reimbursable
contracts, purchase orders, incentive .
contracts, shall be determined by the recipient
but must be appropriate for the particular
procurement and for promoting the best interest
of the program involved. The "cost-plus-a-
percentage-of-cost" method of contracting
shall not be used.
e. Contracts shall be made only with responsible
contractors who possess the potential ability
to perform successfully under the terms and
conditions of a proposed procurement.
Consideration shall be given to such matters as
contractor integrity, record of past
_ performance, financial and technical resources,
. . or accessibility to other necessary resources.
f. All proposed sole source contracts, or where
- only one bid or proposal is received in which
the aggregate expenditure is expected ta exceed
$5,000, shall be subject to prior approval of
the G/CAO.
q. Some form of price or cost analysis should be
made in connection with every procurement
action. Price analysis may be accomplished in
various ways, including the comparison of price
quotations submitted, market prices and similar
indicia, together with discounts. Cost analysis
is the review and evaluation of each element of
cost to determine reasonableness, allocability,
and allowability.
h. Procurement records and files for purchases in
excess of $10,000 shall include the following:
(1) Basis for contractor selection;
(2) Justification for lack of competition
when competitive bids or offers are not
obtained;
(3) Basis for award cost or price.
,
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. i. A system for contract administration shall be �
maintained to ensure contractor conformance
with terms, �onditions and specifications of
the contract. and to ensure adequate and timely '
follow-up of all purchases.
8. If the recipient of this instrument is a State or local
government it shall adhere to the following standards:
l. Formal advertising, with adequate purchase
description, sealed bids, and public openings shall
be the required method of procurement unless
negotiation pursuant to paragraph 2 below is
necessary to accomplish sound procurements.
However, procurements of $10,000 or less need not be
so advertised unless otherwise required by State or
. local law or requlations. Where such advertised
. bids are obtained, the awards shall be made to the
'-�� � responsible bidder whose bid is responsive to the
invitation and is most advantageous to the
�- recipient, price and other factors considered.
(Factors such as discounts, transportation Eosts,
and taxes may be considered in determining the
lowest bid. ) Invitations for bids shall clearly set
forth all requirements which the bidder must fulfill
in order for his/her bid to be evaluated by the
recipient. Any or all bids may be re�ected when it
is in the recipient's interest to do so, and such
rejections are in accordance with applicable State
and local law, rules and regulations.
2. Procurements may be negotiated if it is
" impracticable and unfeasible to use formal
advertising. Generally, procurements may be
negotiated by the recipient if:
a. The public exigency will not permit the delay
incident to advertising; � -
b. The material or service to be procured is
available from only one person of ffrm. (All
contemplated sole source procurements where the
aggregate expenditure fs expected to exceed
$5,000 shall be referred .to the G/CAO for prior
approval. ) ;
? c. The agqreqate amount involved does not exceed
$10,000; ,
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. d. The contract is for personal or professional �
services, or for any service to be rendered by
a university, college, or other educational
� institution;
e. The material or services are to be procured and
used outside the limits of the United States
and its possessions;
f. No acceptable bids have been received after
formal advertising;
g. The purchases are for highly perishable
materials or medical supplies; for material or
services where the prices are established by
law; for technical items or equipment requiring
standardization and interchange- ability of
parts with existing; for experimental,
" developmental; or research work; for supplies
•-° � � purchased for authorized resale; and for
technical or specialized supplies requiring
._ substantial initial investment for manufacture;
or . �
h. Otherwise authorized by law, rules or
regulations. Notwithstanding the existence of
circumstances justifying negotiation,
competition shall be obtained to the maximum
extent practicable.
C. The recipient shall include, in addition to provisions to
define a sound and complete aqreement, the followinq
provisions in all contracts. These provisions shall also
be applied to subcontracts.
1. Contracts in excess of $10,000 shall contain
contractual provisions or conditions that will allow
for administrative, contractual or legal remedies in
instances in which contractors violate or breach
contract terms, and provide for such remedial
actions as may be appropriate.
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. , 2. All contracts in excess of $10, 000 shall contain
.�
suitable provisions for termination by the
recipient, including the manner by which termination
will �e affscted and the basis for settlement. In
addition, such contracts shall descxibe conditions
under which the contract may be terminated for
default as well as conditions where the contract may
be terminated because of circumstances beyond the
contractor's control.
3 . In all contracts for construction or facility
improvements awarded for more than $100, 000, -
recipients shall observe the bonding requirements
provided in this instrument.
4 . All contracts awarded by the recipient and its
contractors or subgrantees having a value of more
than $10,000, shall contain a provision requiring
- compliance with Executive Order 11246, entitled
•--� ' "Equal Employment Opportunity, �� as amended by
Executive Order 11375, and as supplemented in
._ Department of Labor regulations (41 CFR, Part 60) .
5. All contracts and subgrants in excess of $2,000 for
construction or repair awarded by the recipient and
subrecipients shall include a provision for
compliance with the Copeland "Anti-Kick Back" Act
(18 U.S.C. 874) as supplemented in Department of
labor regulations (29 CFR, Part 3) . This Act
provides that each contractor or subgrantee shall be
prohibited from inducing, by any means, any person
employed in the construction, completion, or repair
of public work, to qive up any part of the
compensation to which he/she is otherwise entitled.
The recipient shall report all suspected or reported
violations to the G/CAO.
6. When required by the Federal program leqislation,
all construction contracts awarded by the recipient
and subrecipients or more than $2,000 shall include
a provision for compliance with the Davis-Bacon Act
(40 U.S.C. 276a to a-7) and as supplemented by
Department of Labor regulations (29 CFR, Part 5) .
Under this Act, contractors sY}all be required to pay
wages to laborers and mechanics at a rate not less
than the minimum waqes specified in a wage
determination made by the Secretary of Labor. In
; addition, contractors shall be required to pay wages
not less than once a week. .
; . . �.�--���.�
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J The recipient shall place a copy of the current '�
prevailing wage determination issued by the
Department of Labor in each solicitation and the
award uf a contract shall be conditioned up�n the
accept�^nce of the wage determination. The recipient
shall report all suspected or reported violations to
the G/CAO.
7. Where applicable, all contracts awarded by recipient
in excess of $2,000 for construction contracts and
in excess of $2,500 for other contracts that .involve
the employment of inechanics or laborers, shall
include a provision for compliance with Sections 103
and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by
Department of Labor regulations (29 CFR, Part 5) .
Under Section 103 of the Act, each contractor shall
. be required to compute the wages of every mechanic
__.. • and laborer on the basis of a standard work day of 8
hours and a standard work week of 40 hours. Work in
excess of the standard workday or workweek is
�' permissible provided that the worker is compensated
at a rate of not less than 1 1/2 times the basic
rate of pay for all hours worked in excess of 8
hours in any calendar day or 40 hours in the work-
week. Section 107 of the Act is applicable to
construction work and provides that no laborer or
mechanic shall be required to work in surroundings
or under working conditions which are unsanitary,
hazardous or dangerous to his/her health and safety
as determined under construction safety and health
standards promulgated by the Secretary of Labor.
These requirements do not apply to the purchases of
supplies or materials or articles ordinarily
available on the open market, or contracts for
transportation or transmission of intelligence.
8. Contracts or aqreements, the principal purpose of
which is to create, develop or improve products,
processes or methods; or for exploration into fields
that directly concern public health, safety or
welfare; or contracts in the field of science or
technology in which there has been little
significant experience outside of work funded by
Federal assistance, shall con�ain a notice to the
effect that matters regarding rights to inventions
and materials generated under the contract or
� agreements are subject to the requlations issued by .
HUD and the recipient.
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9. All negotiated contracts (except those of $10, 000 or
less) awarded by recipients shall include a
provision to the effecfi that the recipient, HUD, the
Comptroller General of the United States, or any of
their duly authorized representatives, shall have
access to any books, documents, papers and records
of the contractor which are directly pertinent to a
specific program for the purpose of making audits,
examinations, excerpts, and transcriptions.
10. Contracts and subgrants of amounts in excess of
$100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to
the Clear Air Act of 1970 (42 U.S.C. 1857 et seq. )
and the Federal Water Pollution Control Act (33
- U.S.C. 1251 et seq. ) as amended. Violations shall
._.. • be �reported to HUD and the Regional Office of the
Environmental Protection Agency.
� 16. SUSPENSION AND TERMINATION PROCEDURES
A. The following definitions shall apply:
1. Termination - Cancellation of Federal assistance, in
whole or in part, under the instrument at any time
prior to the date of completion.
2. Suspension - An action by the G/CAO that temporarily
suspends Federal assistance under the instrument
pending corrective action by the recipient or
pendinq a decision to terminate the instrument by
HUD.
B. When the recipient has failed to comply with the tenas,
conditions, or standards of the instrument, the G/CAO
may, on reasonable notice to the recipient, suspend the_
instrument and withhold further payments, or prohibit the
recipient from incurring additional obligations of funds,
pendinq corrective action by the recipient, or a decision
to terminate in accordance with paraqraph c. The G/CAO
shall allow all necessary and proper costs that the
recipient could not reasonably avoid during the period of
suspension provided that they meet �the provisions of the
applicable Federal cost principles. c. This instrument
; may be terminated for cause or convenience.
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` . . 1. Termination for cause -The G/CAO may terminate this �
instrument in whole or in part at any time before
the date of completion, whenever it is determined
rhat the recipient has f�iled t� comply with the
conditions of the instrui�ent. The G/CAO shall
promptly notify the recipient in writing of the
determination and the reasons for the termination,
together with the effective date. Payments made to
the recipient or recoveries by HUD in the event this
instrument is terminated for cause shall be in
accordance with the legal rights and liabilities of
the parties. "
2 . Termination for convenience - This instrument may be
terminated in whole or in part when both parties
agree that the continuation of the project would not
produce beneficial results commensurate with the
_ further expenditures of funds. The two parties
. shall agree upon the termination conditions,
'-"� � � includfng the effective date and, in the case of
partial terminations, the portion to be terminated.
-- The recipient shall not incur new obligations for
the terminated portion after the effective date, and
shall cancel as many outstanding obligations as
possible.The G/CAO shall allow full credit to the
recipient for the Federal share of the
noncancellable obligations properly incurred by the
recipient prior to termination.
3. The parties shall promptly settle the terminated
instrument in accordance with the applicable
requirements of the clause entitled "Closeout
Procedures." In addition, the parties shall execute
a written amendment upon settlement which sets forth
the terms and conditions of the settlement
agreement.
17. DISPUTES
During performance of the instrument, disaqreements may arise
between the recipient and the G/CAO on various issues, such
as the allowability of costs. If a dispute concerning a
question of fact arises, the G/CAO shall prepare a final
decision, taking into account all facts and documentation
presented. The decision shall be mailed to the recipient.The
recipient may appeal the decision within thirty (30) days to
the Director, Office of Procurement and Contracts.
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18. RETENTION AND CUSTODIAL REQUIREMENTS FOR RECORDS �.
A. Financial records, supportinq documents, statistical
. records and all other records pertiner�t to this
instrument shall be retained for a per•iod of three years,
with the following exceptions:
1. If any litigation, claim or audit is started before
the expiration of the 3-year period, the records
shall be retained until all litigations, claims, or
audit findings involving the records have been
resolved. -
2 . Records for nonexpendable property, if any, acquired
with Federal funds shall be retained for three years
after its final disposition.
. 3. When records are transferred to or maintained by
. HUD, the 3-year retention requirement is not
'-�� � applicable to the recipient. �
.- B. The retention �period starts from the date of the
submission of the final expenditure report. �
C. The recipient must be authorized by the G/CAO if the
recipient desires to substitute microfilm copies in lieu
of original records.
D. The recipient shall transfer certain records to HUD when
HUD determines that the records possess longterm
retention value. However, in order to avoid duplicate
record-keeping, HUD may make arrangements with the
recipient to retain any records that are continuously
needed for joint use.
E. The Secretary of HUD and the Comptroller General of the
United States, or any of their duly authorized
representatives, shall have access to any pertinent
books, documents, papers, and records of the recipient, -
and its subcontractors, to make audits, examinations,
excerpts and transcripts.
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^ 19. OTHER ADMINISTRATIVE PROVISIONS �
The Recipient shall comply with all standard assurances which w�re
executed as part of the application process. OMB Circular A-10?_,
Uniform Requirements for Assistance to State and Local Governments,
is hereby incorporated by reference.
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• ' ' STATEMENT OF WORK
_ �.
A. GENERAL REQUIREMENT - _
The Recipient agrees to process those housing discrimination complaints
arising within its �urisdiction and/or augment its fair housing
enforcement efforts, by engaging in outreach, education, training and
technical assistance pursuant to the Memorandum of Understanding. The
Recipient agrees to cooperate with HUD in the handling of housing
discrimination complaints under Title YIII of the Civil Rights Act of
1968, as amended, and the fair housing law enforced by the Recipient in
accordance with the Memorandum of Understanding entered into between� HUD
and the Recipient, and any amendments or revisions thereto executed
during the course of this agreement by the signatories.
B. TRAINING � -
. Sub�ect to HUD sponsorship of training sessions in sufficient
, geographical proximity to permit the Recipient to meet the following
'-"� obligations, the Recipient agrees to enroll a minimum of 5 employees
in training sponsored by the Department. (See Article V �j—
�� C. CONTRIBUTIONS �
. The Recipient agrees to process housing discrimination complaints in
accordance with A. above, Article Y of this agreement and in accordance
with the Criteria for Payment/Processing.
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ASSURANCES
The Applicant hereby assures and certifies that it will comply with
regulations, policies, guidelines and requirements, as they relate to the
application, acceptance and use of Federal funds for this federally assisted
project. As used below, the phrase "Federal financial assistance" includes
any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect
Federal assistance. The applicant assures and certifies that:
1. It will comply with Title VI of the Civil Rights Act of 1964 (P.L.
88-352) , and in accordance with the Title VI of that Act, no person
- in the United States shall , on the ground of race, color, or
national origin, be excluded from participation in, be denied the
' benefit of, or be otherwise subjected to discrimination under any
•--� � program or �activity for which the applicant receives Federal
fi�ancial assistance and will immediately take any measures
._ necessary to effectuate this agreement.
2. It will comply with Title YI of the Civil Rights Act of 1964 (42 USC
2000d) prohibiting employment discrimination where (a) the primary
purpose of the Federal financial assistance is to provide employment
or (b) discriminatory employment practices will resuit in unequal
treatment of persons who are or should be benefiting from the aided
activity.
3. It will comply with requirements of the provisions of the Uniform
Relocation Assistance and Real Property Acquisitions Act of 1970
(P.L. 91-646) which provides for fair and equitable treatment of
persons displaced as a result of Federal and federally assisted
programs. �
4. It will comply with the provisions of the Hatch Act which limit the
. political activity of employees. (Applicable only if the Applicant
is a State or local government.) -
5. It will comply with the minimum wage and maximum hours provisions of
the Federal Fair Labor Standards Act, as they apply to employees.
6. It will establish safeguards to prohibit employees from using their
positions for a purpose that is or gives the appearance of being
motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other
� ties.
7. It will insure that the facilities under its ownership, lease or '
supervision which shall be utilized in the accomplishment of the
project are not listed on the Environmental Protection Agency (EPA)
list of violating facilities and that it will notify NUD of the
receipt of any communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
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8. It will comply, to the extent applicable, with all the requirements
of Section 114 of the Clean Air Act, as amended (42 U»S.C. 1a57, et.
seq. , as amended by Public Law 91-604) and Section 308 of the
Federal Water Pollution Control Act (33 U.S.C. 1251, et. seq. , as
amended by Public Law 92-500) , respectively, relating to inspection,
monitoring, entry, report, and information, as well as other
requirements specified in Section 114 and Section 308 of the Air Act
and the Water Act, respectively, and all regulations and guidelines
issues thereunder.
9. It will comply with the flood insurance purchase requirements of
Section 102(a) of th Flood Disaster Protection Act of 1973, Public
Law 93-234, 87 Stat. 975, approved December 13, 1976. Section
102(a) requires, on a�d after March 2, 1975, the purchase of flood
insurance in communities where such insurance is available as a
_ condition for the receipt of any Federal financial assistance for
. construction or acquisition purposes for use in any area that has
�-�� been identified� by the Secretary of the Department of Nousing and
Urban Development as an area having special flood hazards.
10. It will assist HUD in its compliance with Section 106 of the .
National Historic Preservation Act of 1966, as amended (16 U.S.C. �
470) , Executive Order 11593 and the A�cheological and Historic
Preservation Act of 1966 (16 U.S.C. 469a-1, et. seq.) by (a)
consulting with the State Nistoric Preservation Officer on the
conduct of investigations, as •necessary, to identify properties
listed in or eligible for inclusion in the National Register of
Historic Places that are subject to adverse effects (see 36 CFR Part
' 800.8) by the activity notifying the Federal grantor agency of the
existence of any such properties, and by (b) complying with all
requirements established by HUO to avoid or mitigate adverse
effects upon such properties.
11. The applicant agrees that it will comply with Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794, P.L. 93-112) ,
and all requirements imposed by or pu�suant to the regulations of
the Department of Health, Education, and Welfare (45 CFR Parts 80, -
81 , and 84) , promulgated under the foregoing statute. The applicant
agrees that, in accordance with the foregoing requirements, no
otherv�ise qualified handicapped person, by reasons of handicap,
shall be excluded from participation in, be denied the benefits of,
o� be sub�ect to discrimination under any program or activity
receiving Federal financial assistance, and assures that it will
take any measures necessary to effectuate this agreement.
` 12. It will comply with P.L. 93-483 as implemented by Part 46 of Title
45 CfR 46, regarding the protection of human subjects involved in ,
research, development, and related activities supported by Federal
financial assistance.
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� �� � 13. It will comply with the Laboratory Animal Welfare Act of 1966 (P.L.
'" � 89-544) , as amended; 1 U.S.C. 231, et. seq.) and regulations �
promulgated thereunder by the Secretary of Agriculture (9 GFR
Subchapter. H) pertaining to the care, handling, and treatpent of
warm blooded animals held or used for �esearch, teaching or .other
activities supported by Federal awards.
14. It will comply, to the extent applicable, with Title IX of the
Education Amendments of 1972, 20 U.S.C. 1681, et. seq., which
provides that no person in the United States shall , on the basis of
sex, be excluded from participation in, be denied the benefits of,
or be sub�ect to discrimination under any educational program or
activity receiving Federal financial assista�ce. -
ame an ress o pp icant
Tit e o Of �c�a A. . + e ephone Number
S�gnature o �cia wit Lega ut or ty to ign
WHITE - C��� CLERK
PIN�C - FINANCE GITY OF SAINT PALTL Council r/'� J(y
CANARY -'DEPARTMENT �I�i//Jf
BI�UE - MAVOR File NO• (�.�� ����/ -
� Council Resolution ; '�
_
Presented y
Referred To L� Committee: Date �� —T �a
Out of Committee By Date
WHEREAS, The Department of Community Services has presented a Business Plan to the City
Council regarding the operation of the Watergate Marina and in the initial year of
operations specific capital outlay projects which where included in the Plan where delayed
pending a study of the facility and such financing to be retained in the fund until after
the study, and it has been determined that such projects shall now be undertaken; and
WHEREAS, The Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul ,
does certify that there are available for appropriation total revenues in excess of those
estimated in the 1988
budget; and
WHEREAS, Council File 277520, adopted October 1, 1981 did establish
certain Special Fund Policies; and
WHEREAS, The Mayor recommends that the following additions be made to the 1988 budget:
FINANCING PLAN Current Budget Chan2es Amended Budget
Corrmun y Services
330 Parks & Recreation -
Watergate Marina
23160 9910 Use of Retained
Earnings -0- 133,280 133,280
9603 Long Term Loan -0- 76,720 76,720
23160 XXXX All other
financing 354,715 -0- 354,715
354,715 210,000 564,715
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
Long In Favor
Gosw;tz �,
Rettman
s�6e;n�� _ Against
Sonnen
Wilson
Form Appro d by City Atto ey
Adopted by Council: Date
Certified Passed by Council Secretary BY �
sy '
A►pproved by Wlavor: Date Appro y Mayor for Subm' io ounoil
By _ B