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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 .� �. � � ��-,��� � , . . ' 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. , i : . ����� , , - 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 { � , , /. 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. , :. � � �,-,�-,��� 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 . . � 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� . . . 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. , • .- . � � ���/�� . ' ' 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. - t ��j��V ' . 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. . � � ��-�a.� � � 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. ' • ' , ��f/P'� 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. . : � � � ��,ia�� . ,. 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. ; : . � � �.��-�� � (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. i . . � � ��'���' . . � 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. ] . " � � ��i'�`� , � (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. : . � � ���,��-� ,� 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. , � - � � ���,��� . 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; , � - � � ���� . . . 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. . . • ��✓�� . , 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. . ; . . �.�--���.� . . � 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. � ��-,�� � . w � �. 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. � • � : . �-/��7 ` . . 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. : . � � ��,��� . . . 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. ; : . � � ��,�a�-� ^ 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. . • = � � J l/' ^,//(/`V � //�� � � � V "a • ' ' 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. , . i ' � � 1 � J ��-I� " . . , ,, , , �� . . ' i 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. . . _ L i P ��� /i�� . F�6 / . • . . � � . . .� � w � / 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. : 7 � A �-^ �j�/�1/��� • • ', • lA�� /O � „ �. „ •, � �� � 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