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277275 WNITE - CITY CLERK PINK - FINANCE CANARY - DEPARTMENT G I T Y O F S A I N T PA U L COUIICII . . i .- BLVE - MAYOR File N 0. C cil Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby auth- orized and directed, pursuant to the authority of Minnesota Statutes, Section 471.59, to execute an agreement with the Public Housing Agency of the City of Saint Paul whereby the City will pro•vide to the Agency legal, pension plan accounting and possible relocation services, subject to the terms and con- ditions of said Agreement which is made a part hereof; and a copy of which is to be kept on file and of record in the Department of Finance and Management Services. COUIVCILMEN Requestgd by Depar ent of: Yeas Nays Hunt Levine In Favo[ Maddox � McMahon Showalter _ Against BY Tedesco .MIiF�orr AUG i 3 1981 Form pprove y Ci rn Adopted by Council: Date Certified as�• d by ounc' Sec ry BY By� Appr v y EVlayor: D t A��Ei � 7 � Appr y Mayor for S is ►on to Council By B � ��R,��,��� �U G 2 2 1981 . " , • . �'��'�'� APPROVED BY PHA CONTRACT N0. 81-26 COMMISSIONERS 4-22-81 APPROVED BY HUD 7-1-81 AGREEMENT FOR CITY SERVICES THIS AGREEMENT, entered into as of this day of , 1981, by and between the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, hereinafter designated as the "City" , and the PUBLIC HOUSING AGENCY OF THE CITY OF SATNT PAUL, a public body corporate and politic created pursuant to Chapter 228, Laws of Minnesota, 1977, hereinafter designated as the "PHA": WITNESSETH THAT: WHEREAS, the City and the PHA entered into Contract No. 77-291 on March 1, 1978 for the provision of services by the City to the PHA and the provisions of services by the PHA to the City; and WHEREAS, the City is no longer purchasing PHA staff services; and WHEREAS, the PHA has need for legal services, pension plan accounting services and possible future need for relocation services and the City can provide experienced personnel for these services; and WHEREAS, the City and the PHA desire to enter into a new Agreement to a11ow the City to provide the services of knowledgeable and experienced staff persons for PHA work. NOW, THEREFORE, THE CITY AND THE PHA DO HEREBY MUTUALLY T3GREE AS FOLT,OWS: l. Term of Agreement: This Agreement sha11 commence immediately upon the date of execution and sha11 remain in effect until terminated by either party upon ninety (90) days written notice to the other. The City Attorney's Office sha11 provide personnel to render 1ega1 services under Paragraph 2.a. , hereof and the City Department of Planning and Economic Development (PED) sha11 provide nersonnel to render services under Paragraph 2.b, and c. - hereof. T1�City_���orney wi11 assign one attorney full time to this Agreement and �iire a_leqal technician now in PHA's e�loy_ whose half-time services shall be assigned to this Agreement. Because a significant reduction in required service or termination of this Agreement will result in personnel reduction on the City Attorney's staff, PHA agrees to promptly inform the City of any change in circumstances which may result in reduction of its requirement for legal services or in termination of this Agreement. Contract No. 77-291 shall termin- ate upon commencement of this Agreement. 1 of 5 , , � �-s � . � �. Contract No. 81-26 2. Services To Be Provided By The City: a. One full time attorney experienced a.n PH� requirements and a half-time legal technician and other attorneys on a part-time basis as needed. City clerical staff work necessary for the above attorneys will also be included. b. A person familiar with the PHA pension plan to accomplish the accounting necessary for the pension plan for the PHA personnel. c. If requested by the PHA, relocation services by City personnel experienced in PHA require- ments. The City shall furnish the incidental supervision, help, equipment, materials and transportation necessary to provide the required service in its entirety. 3. Payment To The City: Bills for payment shall be submitted by the City no more frequently than monthly. Payment shall be made by the PHA within 2 weeks of receipt of the bill. a. Upon execution of the Agreement the City sha11 submit a bill for $5,000 advance payment to be paid by PHA to the City Attorney-Outside Service Account 10200 . This advance payment shall remain as a continuing monthly advance by PHA to be applied in meeting current City Attorney payrolls. Zn the event monthly billings from the City Attorney's Office exceed $5,000 this revolving advance payment shall be increased to the amount sufficient to cover such billings. Upon termination of this Aareement the City shall reimburse PHA such amount of this advance payment fund as has not been expended for services under> this Agreement as determined by audit. b. The PHA shall reimburse the City in full for its salary expenses for the full-time services of one full-time attorney, the half-time services of a legal technician and the actual hours of services provided to the PHA by other City Attorneys and PED personnel at their actual salary rate plus 40$ to cover City costs for FICA, medical insurance, retirement programs, 2 of 5 . �-`I �� �� ' Contract No. 811-26 worker's compensation, unemployment compensation, . vacation leave, sick leave, holidays and any other benefits, supervision, incidental office costs and materials, costs of $10.00 or less. In addition to the above costs the PHA shall pay an additional 15� to the sum of attorney' s and legal technician's wages plus 40$ for the legal staff 's clerical services for PHA work. The City at its option may receive payment for the actual clerical staff time at the appro- priate salary rate plus 40� in lieu of the 15� indicated above. c. Materials required for a service for the PHA which exceed $10.00 per �service, or per day, shall be billed at actual cost. There shall be no overhead percentage added to the actual material costs and no $10.00 deduction. Records shall be maintained for viewing by the PHA which wi�ll allow verification of actual material costs. d. Mileage that exceeds $10 .00 per month for use of a private auto in conducting a PHA requested service shall be billed at the actual cost � without a $10.00 deduction. The City billing • �shall provide detail indicating the purpose, mileaqe, person and unit prices involved. e. The maximum fee for the above services shall not exceed $70,000 for the first year. This maximum fee shall be increased by 10� per year far each year after the f�zst year. 4 . Independent Contractor: For the purpose of this Agreement, the City shall be deemed to be an independent contractor and not as an employee of the PHA. Any and all employees of the City while engaged in the performance of any work or services required by the PHA under this Agreement, shall not be considered employees of the PHA; and all claims that may or might arise on behalf of �said employe�s or other persons while so engaged under the Workmen's Compensation Act of P�Iinnesota, hospitalization insurance coverages, Social Security and pension payments and benefits, other employee obligations and benefits, shall �n no way be the obligation or responsibility of the PHA. The City shall pay as they become due all just claims for work, tools, machinery, skill, materials, insurance premiums, equipment and supplies, personnel and all other contractual obligations entered into pursuant to and in the performance of this Agreement. 3 of 5 ' ' i . , . ��� `1�`�.� Contract No. 81-26 5. Non-Discrimination: The City shall be deemed a con- tractor for the application of all provisions hereof and ordinances and other laws against unlawful dis- crimination on account of race, creed, sex, age, dis- ability, sexual preference, national origin, marital status, status with regard to public assistance or color. This Agreement is subject to Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and the rules and regulations issued pursuant thereto, and the City shall comply with Executive Order No. 11246, entitled "Equal Employment Opportunity" , as supplemented in Department of Labor Regulations (4 CFR, Part 60) . The City agrees to comply with all the terms and conditions set forth in Chapter 238, Laws of Minnesota for 1941. The City further agrees to comply with all the t�erms and conditions of Chapter 74 of the Saint Paul Legislative Code pertaining to non-discrimination, and specifically Section 74 .03A thereof, pertaining to affirmative action, the provisions of Chapter 74 are hereby incorporated herein by reference. 6. Termination of Agreement: In the event this Agreement is terminated by PHA in accordance with Paragraph 1 and such termination results in reduction in the City Attorney's staff and unemployment compensation claim against the City, PHA agrees, in addition to payments provided for in Paragraph 3, to reimburse the City of its costs in any such claim less the sum of one (1�� percent of total salary expenses paid under this Agreement for legal services . > 4 of 5 . � _ , � , - � �� y� ��� � Contract No. 87:-26 IN GIITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. APPROVED AS TO FORM CITY OF SAINT PAUL . . , w � I�� �V Assis nt C' y Attorney ay Witness: Director, Department of Finance and Management Services Witness: � Witness: PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL By Its Witness: By Its 5 of 5